House File 2496 - Introduced
HOUSE FILE 2496
BY STECKMAN, KURTH, CAHILL,
BAETH, WILBURN, JAMES,
FORBES, CROKEN, BAGNIEWSKI,
SRINIVAS, WILSON, SCHEETZ,
AMOS JR., MADISON, BUCK,
WESSEL-KROESCHELL,
SCHOLTEN, BROWN-POWERS,
KRESSIG, JACOBY, and GJERDE
A BILL FOR
1 An Act modifying provisions related to the responsibilities of
2 nonpublic schools.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 256.7, subsection 31, paragraph a, Code
2 2024, is amended to read as follows:
3 a. Adopt by rule guidelines for school district and
4 accredited nonpublic school implementation of section
5 279.68, including but not limited to basic levels of reading
6 proficiency on approved locally determined or statewide
7 assessments and identification of tools that school districts
8 and accredited nonpublic schools may use in evaluating and
9 reevaluating any student who may not be or who is determined
10 not to be reading proficiently and is persistently at risk in
11 reading, including but not limited to initial assessments and
12 subsequent assessments, alternative assessments, and portfolio
13 reviews. The state board shall adopt standards that provide
14 a reasonable expectation that a student’s progress toward
15 reading proficiency under section 279.68 is sufficient to
16 master appropriate grade four level reading skills prior to the
17 student’s promotion to grade four.
18 Sec. 2. Section 256.9, subsection 69, Code 2024, is amended
19 to read as follows:
20 69. Develop and distribute to school districts, accredited
21 nonpublic schools, and charter schools model policies that, if
22 adopted by a school district, accredited nonpublic school, or
23 charter school, would satisfy the school district’s, accredited
24 nonpublic school’s, or charter school’s responsibilities under
25 section 279.65A relating to the discipline of a student for
26 making a threat of violence or causing an incident of violence
27 that results in injury or property damage or assault.
28 Sec. 3. Section 256.11, subsection 4, Code 2024, is amended
29 to read as follows:
30 4. The following shall be taught in grades seven and
31 eight: English-language arts; social studies; mathematics;
32 science; health; age-appropriate and research-based human
33 growth and development; career exploration and development;
34 physical education; music; and visual art. Computer science
35 instruction incorporating the standards established under
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1 section 256.7, subsection 26, paragraph “a”, subparagraph (4),
2 shall be offered in at least one grade level commencing with
3 the school year beginning July 1, 2023. Career exploration
4 and development shall be designed so that students are
5 appropriately prepared to create an individual career
6 and academic plan pursuant to section 279.61, incorporate
7 foundational career and technical education concepts aligned
8 with the six career and technical education service areas as
9 defined in subsection 5, paragraph “h”, incorporate relevant
10 twenty-first century skills to facilitate career readiness,
11 and introduce students to career opportunities within the
12 local community and across this state. The health curriculum
13 shall include age-appropriate and research-based information
14 regarding the characteristics of sexually transmitted diseases.
15 The state board as part of accreditation standards shall adopt
16 curriculum definitions for implementing the program in grades
17 seven and eight. However, this subsection shall not apply to
18 the teaching of career exploration and development in nonpublic
19 schools.
20 Sec. 4. Section 256.11, subsection 5, paragraph h,
21 subparagraph (4), Code 2024, is amended by striking the
22 subparagraph.
23 Sec. 5. Section 256B.2, subsection 2, paragraph a, Code
24 2024, is amended to read as follows:
25 a. It is the policy of this state to require school
26 districts, accredited nonpublic schools, and state-operated
27 educational programs to provide or make provision, as an
28 integral part of public education, for a free and appropriate
29 public education sufficient to meet the needs of all children
30 requiring special education. This chapter is not to be
31 construed as encouraging separate facilities or segregated
32 programs designed to meet the needs of children requiring
33 special education when the children can benefit from all or
34 part of the education program as offered by the local school
35 district or accredited nonpublic school. Children requiring
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1 special education shall, consistent with the least restrictive
2 environment requirements under the federal Individuals with
3 Disabilities Education Act, 20 U.S.C. §1400 et seq., attend
4 regular classes and shall be educated with children who do not
5 require special education.
6 Sec. 6. Section 256B.3, subsection 8, Code 2024, is amended
7 to read as follows:
8 8. To cooperate with school districts, accredited nonpublic
9 schools, or area education agency boards in arranging for
10 any child requiring special education to attend school in a
11 district other than the one in which the child resides, or
12 in a different accredited nonpublic school, when there is
13 no available special school, class, or instruction in the
14 districts in which the child resides or in the accredited
15 nonpublic school in which the child is enrolled.
16 Sec. 7. Section 256B.4, Code 2024, is amended to read as
17 follows:
18 256B.4 Powers of board of directors and authorities in charge
19 of accredited nonpublic schools.
20 1. The board of directors of a school district or area
21 education agency, or the authorities in charge of an accredited
22 nonpublic school, with the approval of the director of the
23 department of education, may provide special education programs
24 and services as defined in this chapter. If services are
25 provided by the area education agency, the board of directors
26 of the area education agency with the cooperation of the local
27 school districts within its jurisdiction may:
28 a. Establish and operate special education programs and
29 classes for the education of children requiring special
30 education.
31 b. Acquire, maintain, and construct facilities in which to
32 provide education, corrective services, and supportive services
33 for children requiring special education.
34 c. Make arrangements with participating school districts
35 and accredited nonpublic schools for the provision of special
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1 education, corrective, and supportive services to the children
2 requiring special education residing in the school districts.
3 d. Employ special education teachers and personnel required
4 to furnish corrective or supportive services to children
5 requiring special education services.
6 e. Provide transportation for children requiring special
7 education services that are in need of transportation in
8 connection with any programs, classes, or services.
9 f. Receive, administer, and expend funds appropriated for
10 its use.
11 g. Receive, administer, and expend the proceeds of any issue
12 of school bonds or other bonds intended wholly or partly for
13 its benefit.
14 h. Apply for, accept, and utilize grants, gifts, or other
15 assistance.
16 i. Participate in, and make its employees eligible to
17 participate in, any retirement system, group insurance system,
18 or other program of employee benefits, on the same terms as
19 govern school districts or accredited nonpublic schools and
20 their employees.
21 j. Do such other things as are necessary and incidental to
22 the execution of any of its powers.
23 2. The board of directors of the local district, the
24 authorities in charge of the accredited nonpublic school, or
25 the area education agency shall employ qualified teachers
26 certified by the authority provided by law as teachers for
27 children requiring such special education. The maximum number
28 of pupils per teacher shall be determined by the board of
29 directors of the local district, the authorities in charge of
30 the accredited nonpublic school, or the area education agency
31 board in accordance with the rules and regulations of the state
32 board of education.
33 3. The board of directors of the local district, the
34 authorities in charge of the accredited nonpublic school, or
35 the area education agency may establish and operate one or more
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1 special education centers to provide diagnostic, therapeutic,
2 corrective, and other services, on a more comprehensive,
3 expert, economical, and efficient basis than can be reasonably
4 provided by a single school district or accredited nonpublic
5 school. The services, if offered by the area education agency
6 board, may be provided in the regular schools using personnel
7 and equipment of the area education agency or, if it is
8 impractical or inefficient to provide them on the premises of a
9 regular school, the area education agency may provide services
10 in its own facilities. To the maximum extent feasible,
11 centers shall be established at and in conjunction with, or
12 in close proximity to, one or more elementary and secondary
13 schools. Local districts, accredited nonpublic schools, or the
14 area education agencies may accept diagnostic and evaluation
15 studies conducted by other individuals, hospitals, or centers,
16 if determined to be competent. Children requiring special
17 education services may be identified in any way that the
18 department of education determines to be reliable. Centers
19 established pursuant to this section may contain classrooms
20 and other educational facilities and equipment to supplement
21 instruction and other services to children with disabilities
22 in the regular schools, and to provide separate instruction to
23 children whose degree or type of educational disability makes
24 it impractical or inappropriate for them to participate in
25 classes with normal children.
26 Sec. 8. Section 256B.6, subsection 1, Code 2024, is amended
27 to read as follows:
28 1. When the school district, accredited nonpublic school,
29 or area education agency has provided special education
30 services and programs as provided in this chapter for any child
31 requiring special education, either by admission to a special
32 class or by supportive services, it shall be the duty of the
33 parent or guardian to enroll the child for instruction in such
34 special classes or supportive services as may be established,
35 except in the event a doctor’s certificate is filed with the
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1 secretary of the school district or accredited nonpublic
2 school showing that it is inadvisable for medical reasons
3 for the child requiring special education to receive the
4 special education provided; all the provisions and conditions
5 of chapter 299 shall be applicable to this section, and any
6 violations shall be punishable as provided in chapter 299.
7 Sec. 9. Section 256B.6, subsection 2, unnumbered paragraph
8 1, Code 2024, is amended to read as follows:
9 A child, or the parent or guardian of the child, or the
10 school district in which the child resides, or the accredited
11 nonpublic school in which the child is enrolled, may obtain a
12 review of an action or omission of local authorities pursuant
13 to the procedures established by the state board of education
14 on the ground that the child has been or is about to be:
15 Sec. 10. Section 279.9, Code 2024, is amended to read as
16 follows:
17 279.9 Use of tobacco, alcoholic beverages, or controlled
18 substances.
19 1. The rules adopted under section 279.8 shall include
20 rules prohibiting the use of tobacco and the use or possession
21 of alcoholic liquor, wine, or beer or any controlled substance
22 as defined in section 124.101, subsection 5, by any student of
23 the schools. The board may suspend or expel a student for a
24 violation of a rule described under this section subsection.
25 2. Each accredited nonpublic school shall adopt rules
26 prohibiting the use of tobacco and the use or possession of
27 alcoholic liquor, wine, or beer or any controlled substance as
28 defined in section 124.101, subsection 5, by any student of the
29 accredited nonpublic school. The authorities in charge of an
30 accredited nonpublic school may suspend or expel a student for
31 a violation of a rule described in this subsection.
32 Sec. 11. Section 279.9B, Code 2024, is amended to read as
33 follows:
34 279.9B Reports to juvenile authorities.
35 1. The rules adopted under section 279.8 shall require, once
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1 school officials have been notified by a juvenile court officer
2 that a student attending the school is under supervision or has
3 been placed on probation, that school officials shall notify
4 the juvenile court of each unexcused absence or suspension or
5 expulsion of the student.
6 2. Each accredited nonpublic school shall adopt rules
7 requiring that, once school officials have been notified by a
8 juvenile court officer that a student attending the accredited
9 nonpublic school is under supervision or has been placed on
10 probation, school officials are required to notify the juvenile
11 court of each unexcused absence or suspension or expulsion of
12 the student.
13 Sec. 12. Section 279.14B, Code 2024, is amended to read as
14 follows:
15 279.14B Retaliation prohibition.
16 The board of directors of a school district and the
17 authorities in charge of an accredited nonpublic school
18 shall not take any disciplinary action against an employee or
19 contractor of the school district for disclosing information
20 to any public official or law enforcement agency, including
21 a disclosure to the ombudsman pursuant to section 2C.9,
22 subsection 3, if the employee or contractor reasonably
23 believes the information evidences a violation of law or
24 rule, mismanagement, a gross abuse of funds, an abuse of
25 authority, or a substantial and specific danger to public
26 health or safety. For purposes of this section, “disciplinary
27 action” includes termination of employment or the contractual
28 relationship, suspension from employment, demotion, financial
29 penalties, failing to take action regarding an employee’s
30 or contractor’s promotion or proposed promotion, failing
31 to provide an advantage in employment or the contractual
32 relationship, and written or verbal reprimands.
33 Sec. 13. Section 279.19B, subsection 1, paragraph a,
34 unnumbered paragraph 1, Code 2024, is amended to read as
35 follows:
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1 The board of directors of a school district or the
2 authorities in charge of an accredited nonpublic school
3 may employ for head coach of any interscholastic athletic
4 activities or for assistant coach of any interscholastic
5 athletic activity, an individual who possesses a coaching
6 authorization issued by the board of educational examiners
7 or possesses a teaching license with a coaching endorsement
8 issued pursuant to chapter 256, subchapter VII, part 3.
9 However, a board of directors of a school district or the
10 authorities in charge of an accredited nonpublic school shall
11 consider applicants with qualifications described below, in the
12 following order of priority:
13 Sec. 14. Section 279.21, Code 2024, is amended to read as
14 follows:
15 279.21 Principals.
16 1. The authorities in charge of an accredited nonpublic
17 school may employ principals, and the board of directors of a
18 school district may employ principals, under the provisions
19 of section 279.23. A principal employed by the board of
20 directors of a school district or the authorities in charge
21 of an accredited nonpublic school shall hold a current valid
22 principal’s certificate. Notwithstanding the provisions of
2