Bill Text: IA HF2496 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act modifying provisions related to the responsibilities of nonpublic schools.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced - Dead) 2024-02-14 - Introduced, referred to Education. H.J. 262. [HF2496 Detail]

Download: Iowa-2023-HF2496-Introduced.html

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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
An Act modifying provisions related to the responsibilities of
nonpublic schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 256.7, subsection 31, paragraph a, Code
2024, is amended to read as follows:
a. Adopt by rule guidelines for school district and
accredited nonpublic school implementation of section
279.68 , including but not limited to basic levels of reading
proficiency on approved locally determined or statewide
assessments and identification of tools that school districts
and accredited nonpublic schools may use in evaluating and
reevaluating any student who may not be or who is determined
not to be reading proficiently and is persistently at risk in
reading, including but not limited to initial assessments and
subsequent assessments, alternative assessments, and portfolio
reviews. The state board shall adopt standards that provide
a reasonable expectation that a student’s progress toward
reading proficiency under section 279.68 is sufficient to
master appropriate grade four level reading skills prior to the
student’s promotion to grade four.
Sec. 2. Section 256.9, subsection 69, Code 2024, is amended
to read as follows:
69. Develop and distribute to school districts , accredited
nonpublic schools, and charter schools model policies that, if
adopted by a school district , accredited nonpublic school, or
charter school, would satisfy the school district’s , accredited
nonpublic school’s, or charter school’s responsibilities under
section 279.65A relating to the discipline of a student for
making a threat of violence or causing an incident of violence
that results in injury or property damage or assault.
Sec. 3. Section 256.11, subsection 4, Code 2024, is amended
to read as follows:
4. The following shall be taught in grades seven and
eight: English-language arts; social studies; mathematics;
science; health; age-appropriate and research-based human
growth and development; career exploration and development;
physical education; music; and visual art. Computer science
instruction incorporating the standards established under
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section 256.7, subsection 26 , paragraph “a” , subparagraph (4),
shall be offered in at least one grade level commencing with
the school year beginning July 1, 2023. Career exploration
and development shall be designed so that students are
appropriately prepared to create an individual career
and academic plan pursuant to section 279.61 , incorporate
foundational career and technical education concepts aligned
with the six career and technical education service areas as
defined in subsection 5 , paragraph “h” , incorporate relevant
twenty-first century skills to facilitate career readiness,
and introduce students to career opportunities within the
local community and across this state. The health curriculum
shall include age-appropriate and research-based information
regarding the characteristics of sexually transmitted diseases.
The state board as part of accreditation standards shall adopt
curriculum definitions for implementing the program in grades
seven and eight. However, this subsection shall not apply to
the teaching of career exploration and development in nonpublic
schools.
Sec. 4. Section 256.11, subsection 5, paragraph h,
subparagraph (4), Code 2024, is amended by striking the
subparagraph.
Sec. 5. Section 256B.2, subsection 2, paragraph a, Code
2024, is amended to read as follows:
a. It is the policy of this state to require school
districts , accredited nonpublic schools, and state-operated
educational programs to provide or make provision, as an
integral part of public education, for a free and appropriate
public education sufficient to meet the needs of all children
requiring special education. This chapter is not to be
construed as encouraging separate facilities or segregated
programs designed to meet the needs of children requiring
special education when the children can benefit from all or
part of the education program as offered by the local school
district or accredited nonpublic school . Children requiring
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special education shall, consistent with the least restrictive
environment requirements under the federal Individuals with
Disabilities Education Act, 20 U.S.C. §1400 et seq., attend
regular classes and shall be educated with children who do not
require special education.
Sec. 6. Section 256B.3, subsection 8, Code 2024, is amended
to read as follows:
8. To cooperate with school districts , accredited nonpublic
schools, or area education agency boards in arranging for
any child requiring special education to attend school in a
district other than the one in which the child resides , or
in a different accredited nonpublic school, when there is
no available special school, class, or instruction in the
districts in which the child resides or in the accredited
nonpublic school in which the child is enrolled .
Sec. 7. Section 256B.4, Code 2024, is amended to read as
follows:
256B.4 Powers of board of directors and authorities in charge
of accredited nonpublic schools .
1. The board of directors of a school district or area
education agency, or the authorities in charge of an accredited
nonpublic school, with the approval of the director of the
department of education, may provide special education programs
and services as defined in this chapter . If services are
provided by the area education agency, the board of directors
of the area education agency with the cooperation of the local
school districts within its jurisdiction may:
a. Establish and operate special education programs and
classes for the education of children requiring special
education.
b. Acquire, maintain, and construct facilities in which to
provide education, corrective services, and supportive services
for children requiring special education.
c. Make arrangements with participating school districts
and accredited nonpublic schools for the provision of special
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education, corrective, and supportive services to the children
requiring special education residing in the school districts.
d. Employ special education teachers and personnel required
to furnish corrective or supportive services to children
requiring special education services.
e. Provide transportation for children requiring special
education services that are in need of transportation in
connection with any programs, classes, or services.
f. Receive, administer, and expend funds appropriated for
its use.
g. Receive, administer, and expend the proceeds of any issue
of school bonds or other bonds intended wholly or partly for
its benefit.
h. Apply for, accept, and utilize grants, gifts, or other
assistance.
i. Participate in, and make its employees eligible to
participate in, any retirement system, group insurance system,
or other program of employee benefits, on the same terms as
govern school districts or accredited nonpublic schools and
their employees.
j. Do such other things as are necessary and incidental to
the execution of any of its powers.
2. The board of directors of the local district , the
authorities in charge of the accredited nonpublic school, or
the area education agency shall employ qualified teachers
certified by the authority provided by law as teachers for
children requiring such special education. The maximum number
of pupils per teacher shall be determined by the board of
directors of the local district , the authorities in charge of
the accredited nonpublic school, or the area education agency
board in accordance with the rules and regulations of the state
board of education.
3. The board of directors of the local district , the
authorities in charge of the accredited nonpublic school, or
the area education agency may establish and operate one or more
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special education centers to provide diagnostic, therapeutic,
corrective, and other services, on a more comprehensive,
expert, economical, and efficient basis than can be reasonably
provided by a single school district or accredited nonpublic
school . The services, if offered by the area education agency
board, may be provided in the regular schools using personnel
and equipment of the area education agency or, if it is
impractical or inefficient to provide them on the premises of a
regular school, the area education agency may provide services
in its own facilities. To the maximum extent feasible,
centers shall be established at and in conjunction with, or
in close proximity to, one or more elementary and secondary
schools. Local districts , accredited nonpublic schools, or the
area education agencies may accept diagnostic and evaluation
studies conducted by other individuals, hospitals, or centers,
if determined to be competent. Children requiring special
education services may be identified in any way that the
department of education determines to be reliable. Centers
established pursuant to this section may contain classrooms
and other educational facilities and equipment to supplement
instruction and other services to children with disabilities
in the regular schools, and to provide separate instruction to
children whose degree or type of educational disability makes
it impractical or inappropriate for them to participate in
classes with normal children.
Sec. 8. Section 256B.6, subsection 1, Code 2024, is amended
to read as follows:
1. When the school district , accredited nonpublic school,
or area education agency has provided special education
services and programs as provided in this chapter for any child
requiring special education, either by admission to a special
class or by supportive services, it shall be the duty of the
parent or guardian to enroll the child for instruction in such
special classes or supportive services as may be established,
except in the event a doctor’s certificate is filed with the
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secretary of the school district or accredited nonpublic
school showing that it is inadvisable for medical reasons
for the child requiring special education to receive the
special education provided; all the provisions and conditions
of chapter 299 shall be applicable to this section , and any
violations shall be punishable as provided in chapter 299 .
Sec. 9. Section 256B.6, subsection 2, unnumbered paragraph
1, Code 2024, is amended to read as follows:
A child, or the parent or guardian of the child, or the
school district in which the child resides, or the accredited
nonpublic school in which the child is enrolled, may obtain a
review of an action or omission of local authorities pursuant
to the procedures established by the state board of education
on the ground that the child has been or is about to be:
Sec. 10. Section 279.9, Code 2024, is amended to read as
follows:
279.9 Use of tobacco, alcoholic beverages, or controlled
substances.
1. The rules adopted under section 279.8 shall include
rules prohibiting the use of tobacco and the use or possession
of alcoholic liquor, wine, or beer or any controlled substance
as defined in section 124.101, subsection 5 , by any student of
the schools. The board may suspend or expel a student for a
violation of a rule described under this section subsection .
2. Each accredited nonpublic school shall adopt rules
prohibiting the use of tobacco and the use or possession of
alcoholic liquor, wine, or beer or any controlled substance as
defined in section 124.101, subsection 5, by any student of the
accredited nonpublic school. The authorities in charge of an
accredited nonpublic school may suspend or expel a student for
a violation of a rule described in this subsection.
Sec. 11. Section 279.9B, Code 2024, is amended to read as
follows:
279.9B Reports to juvenile authorities.
1. The rules adopted under section 279.8 shall require, once
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school officials have been notified by a juvenile court officer
that a student attending the school is under supervision or has
been placed on probation, that school officials shall notify
the juvenile court of each unexcused absence or suspension or
expulsion of the student.
2. Each accredited nonpublic school shall adopt rules
requiring that, once school officials have been notified by a
juvenile court officer that a student attending the accredited
nonpublic school is under supervision or has been placed on
probation, school officials are required to notify the juvenile
court of each unexcused absence or suspension or expulsion of
the student.
Sec. 12. Section 279.14B, Code 2024, is amended to read as
follows:
279.14B Retaliation prohibition.
The board of directors of a school district and the
authorities in charge of an accredited nonpublic school
shall not take any disciplinary action against an employee or
contractor of the school district for disclosing information
to any public official or law enforcement agency, including
a disclosure to the ombudsman pursuant to section 2C.9,
subsection 3 , if the employee or contractor reasonably
believes the information evidences a violation of law or
rule, mismanagement, a gross abuse of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety. For purposes of this section , “disciplinary
action” includes termination of employment or the contractual
relationship, suspension from employment, demotion, financial
penalties, failing to take action regarding an employee’s
or contractor’s promotion or proposed promotion, failing
to provide an advantage in employment or the contractual
relationship, and written or verbal reprimands.
Sec. 13. Section 279.19B, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2024, is amended to read as
follows:
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The board of directors of a school district or the
authorities in charge of an accredited nonpublic school
may employ for head coach of any interscholastic athletic
activities or for assistant coach of any interscholastic
athletic activity, an individual who possesses a coaching
authorization issued by the board of educational examiners
or possesses a teaching license with a coaching endorsement
issued pursuant to chapter 256, subchapter VII, part 3 .
However, a board of directors of a school district or the
authorities in charge of an accredited nonpublic school shall
consider applicants with qualifications described below, in the
following order of priority:
Sec. 14. Section 279.21, Code 2024, is amended to read as
follows:
279.21 Principals.
1. The authorities in charge of an accredited nonpublic
school may employ principals, and the board of directors of a
school district may employ principals, under the provisions
of section 279.23 . A principal employed by the board of
directors of a school district or the authorities in charge
of an accredited nonpublic school shall hold a current valid
principal’s certificate. Notwithstanding the provisions of
section 279.23 , after serving at least nine months, a principal
may be employed for a term of not to exceed two years.
2. a. The principal, under the supervision of the
superintendent of the school district and pursuant to rules
and policies of the board of directors of the school district,
or under the supervision of the authorities in charge of
an accredited nonpublic school, as applicable, shall be
responsible for administration and operation of the attendance
center to which the principal is assigned.
b. The principal shall, pursuant to the policies adopted
by the board of directors of the school district or the
authorities in charge of an accredited nonpublic school , be
responsible for the planning, management, operation, and
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evaluation of the educational program offered at the attendance
center to which the principal is assigned and shall submit
recommendations to the superintendent or the authorities
in charge of an accredited nonpublic school regarding the
appointment, assignment, promotion, transfer, and dismissal of
all personnel assigned to the attendance center. The principal
shall perform such other duties as may be assigned by the
superintendent or the authorities in charge of an accredited
nonpublic school .
c. For purposes of this section and sections 279.23 ,
279.23A , 279.24 , and 279.25 , the term “principal” includes
school principals, associate principals, and assistant
principals.
Sec. 15. Section 279.40, Code 2024, is amended to read as
follows:
279.40 Sick leave.
1. a. Public school employees and employees of accredited
nonpublic schools are granted leave of absence for medically
related disability with full pay in the following minimum
amounts:
(1) The first year of employment . . . . . . . . . . . . . . . . . . 10 days.
(2) The second year of employment . . . . . . . . . . . . . . . . . 11 days.
(3) The third year of employment . . . . . . . . . . . . . . . . . . 12 days.
(4) The fourth year of employment . . . . . . . . . . . . . . . . . 13 days.
(5) The fifth year of employment . . . . . . . . . . . . . . . . . . 14 days.
(6) The sixth and subsequent years of employment . . 15 days.
b. The above amounts shall apply only to consecutive
years of employment in the same school district or accredited
nonpublic school and unused portions shall be cumulative to at
least a total of ninety days. The school board or authorities
in charge of an accredited nonpublic school shall, in each
instance, require such reasonable evidence as it may desire
confirming the necessity for such leave of absence.
2. Nothing in this section shall be construed as limiting
the right of a school board or the authorities in charge of an
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accredited nonpublic school to grant more time than the days
herein specified.
3. Cumulation of sick leave under this section shall not be
affected or terminated due to the organization or dissolution
of a community school district or districts which include all
or the portion of the district which employed the particular
public school employee for the school year previous to the
organization or dissolution, if the employee is employed by one
of the community school districts for the first school year
following its organization or dissolution.
4. Any amounts due an employee under this section shall be
reduced by benefits payable under sections 85.33 and 85.34,
subsection 1 , if applicable .
Sec. 16. Section 279.50, subsections 1, 2, 3, 4, 5, 6, and
7, Code 2024, are amended to read as follows:
1. Subject to section 279.80 , each school board and
accredited nonpublic school shall provide instruction in
kindergarten which gives attention to experiences relating to
life skills and human growth and development as required in
section 256.11 . School districts and accredited nonpublic
schools shall use research provided in section 256.9,
subsection 46 , paragraph “b” , to evaluate and upgrade their
instructional materials and teaching strategies for human
growth and development.
2. Subject to section 279.80 , each school board and
accredited nonpublic school shall provide age-appropriate and
research-based instruction in human growth and development
including instruction regarding self-esteem, stress management,
interpersonal relationships, and domestic abuse in grades one
through six.
3. Each school board and accredited nonpublic school shall
provide age-appropriate and research-based instruction in
human growth and development including instruction regarding
human sexuality, self-esteem, stress management, interpersonal
relationships, domestic abuse, and the prevention and control
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of disease, including sexually transmitted diseases as required
in section 256.11 , in grades seven through twelve.
4. Each school board and accredited nonpublic school
shall annually provide to a parent or guardian of any pupil
enrolled in the school district or accredited nonpublic
school , information about the human growth and development
curriculum used in the pupil’s grade level and the procedure
for inspecting the instructional materials prior to their use
in the classroom.
5. Each school district and accredited nonpublic school
shall, upon request by any agency or organization, provide
information about the human growth and development curriculum
used in each grade level and the procedure for inspecting and
updating the instructional materials.
6. A pupil shall not be required to take instruction in
human growth and development if the pupil’s parent or guardian
files with the appropriate principal a written request that
the pupil be excused from the instruction. Notification that
the written request may be made shall be included in the
information provided by the school district or accredited
nonpublic school .
7. Each school board , accredited nonpublic school, or
community college which offers general adult education classes
or courses shall periodically offer an instructional program
in parenting skills and in human growth and development
for parents, guardians, prospective biological and adoptive
parents, and foster parents.
Sec. 17. Section 279.65A, Code 2024, is amended to read as
follows:
279.65A Discipline of students who make threats of violence
or cause incidents of violence.
The board of directors of each school district and the
authorities in charge of each accredited nonpublic school
shall adopt, in collaboration with teachers and administrative
staff employed by the school district or accredited nonpublic
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school , policies for different grade levels that describe how a
school district or accredited nonpublic school may discipline a
student for making a threat of violence or causing an incident
of violence that results in injury or property damage or
assault. All of the following shall apply to the policies:
1. The policies must incorporate strategies that are
designed to correct the student’s behavior.
2. The policies must provide for parent or guardian
conferences, counseling sessions, or mental health counseling
sessions, when appropriate. The policies must provide that the
school district or accredited nonpublic school must receive
the prior written consent of the student’s parent or guardian
before requiring the student to participate in a counseling
session or a mental health counseling session.
3. The policies must be consistent with the provisions of
chapter 256B , the administrative rules adopted by the state
board for purposes of chapter 256B , the federal Individuals
with Disabilities Education Act, 20 U.S.C. §1400 et seq., and
the federal Rehabilitation Act of 1973, as amended and codified
in 29 U.S.C. §701 et seq.
4. The policies must provide for escalating levels of
discipline each time the student makes a threat of violence
or causes an incident of violence that results in injury or
property damage or assault.
5. The policies must allow for the school district or
accredited nonpublic school to select the level of discipline
that the school district or accredited nonpublic school
determines corresponds to the severity of the threat of
violence or incident of violence.
6. The policies must allow the school district or accredited
nonpublic school to suspend the student, permanently remove the
student from a particular class, expel the student, or place
the student in an alternative learning environment, including a
therapeutic classroom, when appropriate.
7. The policies must require an individualized education
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program meeting if the student who made the threat of violence
or caused the incident of violence that resulted in injury or
property damage or assault has an individualized education
program.
8. The policies must be published on the school district’s
or accredited nonpublic school’s internet site and in
applicable student handbooks.
Sec. 18. Section 279.68, subsection 1, paragraph a, Code
2024, is amended to read as follows:
a. A Each school district and accredited nonpublic school
shall assess all students enrolled in kindergarten through
grade three at the beginning of each school year for their
level of reading or reading readiness on locally determined
or statewide assessments, as provided in section 256.7,
subsection 31 . If a student is not reading proficiently and
is persistently at risk in reading, based upon the assessments
administered in accordance with this paragraph, the school
district or accredited nonpublic school shall provide intensive
reading instruction to the student. The student’s reading
proficiency shall be periodically reassessed by locally
determined or statewide assessments including periodic
universal screening and annual standard-based assessments. The
student shall continue to be provided with intensive reading
instruction, at grade levels beyond grade three if necessary,
until the student is reading at grade level, as determined by
the student’s consistently proficient performance on valid
and reliable measures of reading ability. For purposes of
this section , “persistently at risk” means the student has not
met the grade-level benchmark on two consecutive screening
assessments administered under this paragraph.
Sec. 19. Section 279.68, subsection 1, paragraph b,
subparagraph (2), Code 2024, is amended to read as follows:
(2) A description of the proposed supplemental
instructional services and supports that the school district or
accredited nonpublic school will provide to the student that
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are designed to remediate the identified areas in which the
student is persistently at risk in reading.
Sec. 20. Section 279.68, subsection 2, unnumbered paragraph
1, Code 2024, is amended to read as follows:
If funds are appropriated by the general assembly for
purposes of implementing this subsection , a school district or
accredited nonpublic school shall do all of the following:
Sec. 21. Section 279.68, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2024, is amended to read as
follows:
Provide students who are persistently at risk in reading
with intensive instructional services and supports, free of
charge, to remediate the identified areas in which students
are not proficient in reading, including a minimum of ninety
minutes daily of scientific, research-based reading instruction
and other strategies prescribed by the school district or
accredited nonpublic school which may include but are not
limited to the following:
Sec. 22. Section 279.68, subsection 2, paragraph e, Code
2024, is amended to read as follows:
e. Report to the department of education the specific
intensive reading interventions and supports implemented by
the school district or accredited nonpublic school pursuant
to this section . The department shall annually prescribe the
components of required or requested reports.
Sec. 23. Section 279.68, subsection 3, Code 2024, is amended
to read as follows:
3. Ensuring continuous improvement in reading proficiency.
a. To ensure all children are reading proficiently by
the end of third grade, each school district and accredited
nonpublic school shall address reading proficiency, drawing
upon information about students from assessments and
reassessments conducted pursuant to subsection 1 and the
prevalence of areas in which students are persistently at
risk in reading identified by classroom, elementary school,
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and other student characteristics. Each school district
and accredited nonpublic school shall review chronic early
elementary absenteeism for its impact on literacy development.
If more than fifteen percent of an attendance center’s students
are not reading proficiently and are persistently at risk
in reading by the end of third grade, the school district
or accredited nonpublic school shall develop and implement
strategies to reduce that percentage, including school and
community strategies to raise the percentage of students who
are reading at grade level.
b. Each school district and accredited nonpublic school ,
subject to an appropriation of funds by the general assembly,
shall provide professional development services to enhance
the skills of elementary teachers in responding to children’s
unique reading issues and needs and to increase the use of
evidence-based strategies.
Sec. 24. Section 279.70, subsections 2 and 3, Code 2024, are
amended to read as follows:
2. By July 1, 2019, the The board of directors of a school
district and the authorities in charge of an accredited
nonpublic school shall require annual, evidence-based
training at least one hour in length on suicide prevention
and postvention for all school personnel who hold a license,
certificate, authorization, or statement of recognition issued
by the board of educational examiners and who have regular
contact with students in kindergarten through grade twelve.
The content of the training shall be based on nationally
recognized best practices.
3. By July 1, 2019, the The board of directors of a school
district and the authorities in charge of an accredited
nonpublic school shall require annual, evidence-based,
evidence-supported training on the identification of adverse
childhood experiences and strategies to mitigate toxic
stress response for all school personnel who hold a license,
certificate, authorization, or statement of recognition issued
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by the board of educational examiners and who have regular
contact with students in kindergarten through grade twelve.
The content of the training shall be based on nationally
recognized best practices.
Sec. 25. Section 279.70A, Code 2024, is amended to read as
follows:
279.70A Student identification cards —— suicide prevention
information.
A public school school district or accredited nonpublic
school that issues identification cards to students in grades
seven through twelve shall include on either side of the
identification card the crisis hotline telephone and text
numbers and the internet address for your life Iowa or the your
life Iowa successor program. A public school school district
or accredited nonpublic school that issues identification cards
to students in grades five and six may include on either side
of the identification card the crisis hotline telephone and
text numbers and the internet address for your life Iowa or the
your life Iowa successor program.
Sec. 26. Section 279.71, subsection 1, paragraphs a, d, and
f, Code 2024, are amended to read as follows:
a. “Attendance center” means a school district or accredited
nonpublic school building that contains classrooms used for
instructional purposes for elementary, middle, or secondary
school students.
d. “Kindergarten through grade twelve school purposes” means
purposes that are directed by or that customarily take place at
the direction of a kindergarten through grade twelve attendance
center, school district, accredited nonpublic school, or a
practitioner employed by a school district or accredited
nonpublic school , in the administration of school activities,
including but not limited to instruction in the classroom or
at home, administrative activities, and collaboration between
students, school district , accredited nonpublic school, or
attendance center personnel, or parents, or are otherwise
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for the use and benefit of the school district , accredited
nonpublic school, or attendance center.
f. “School district” “School” means a all of the following:
(1) A public school district described in chapter 274 .
(2) A nonpublic school that is accredited under section
256.11.
Sec. 27. Section 279.71, subsection 1, paragraph b,
subparagraph (2), Code 2024, is amended to read as follows:
(2) Created by or provided to an operator by an employee
or agent of a school district , accredited nonpublic school, or
attendance center for kindergarten through grade twelve school
purposes.
Sec. 28. Section 279.71, subsection 3, paragraph b, Code
2024, is amended to read as follows:
b. Delete as soon as reasonably practicable, a student’s
covered information if the school district or attendance center
requests deletion of covered information under the control of
the school district or attendance center, unless a student or
parent or guardian consents to the maintenance of the covered
information.
Sec. 29. Section 279.72, Code 2024, is amended to read as
follows:
279.72 Training on dyslexia.
By July 1, 2024, the board of directors of a school
district shall require all persons employed by the school
district who hold a teaching license with an endorsement
for prekindergarten, prekindergarten or elementary special
education, or prekindergarten through grade three levels issued
under chapter 256, subchapter VII, part 3 , all practitioners
and paraprofessionals assigned as Title I teachers and Title
I paraprofessionals under the federal Every Student Succeeds
Act, Pub. L. No. 114-95, and all practitioners endorsed
to teach English as a second language to complete the Iowa
reading research center dyslexia overview module. Such persons
employed by the a school district or accredited nonpublic
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school after July 1, 2024, shall complete the module within one
year of the employee’s initial date of hire.
Sec. 30. Section 279.73, Code 2024, is amended to read as
follows:
279.73 Intellectual freedom —— protection —— complaints.
1. The board of directors of each school district and the
authorities in charge of each accredited nonpublic school shall
protect the intellectual freedom of the school district’s or
the accredited nonpublic school’s students and practitioners
and shall establish and publicize policies that protect
students and faculty from discrimination based on speech.
A person shall not retaliate against a person who files a
complaint for a violation of this section . If the person
who files a complaint for a violation of this section is an
employee of the school district, the provisions of section
70A.29 shall apply.
2. If the board of directors of the school district , the
authorities in charge of an accredited nonpublic school, or
a court finds that an employee of the school district or
accredited nonpublic school who holds a license, certificate,
statement of recognition, or authorization issued by the
board of educational examiners under chapter 256, subchapter
VII, part 3, discriminated against a student or employee
in violation of this section , the employee found to be in
violation under this section shall be subject to a hearing
conducted by the board of educational examiners pursuant
to section 256.146, subsection 13 , which may result in
disciplinary action and the employee’s employment may be
terminated.
Sec. 31. Section 279.74, subsections 2 and 3, Code 2024, are
amended to read as follows:
2. Each school district and accredited nonpublic school
may continue training that fosters a workplace and learning
environment that is respectful of all employees and students.
However, the superintendent of each school district and the
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authorities in charge of each accredited nonpublic school
shall ensure that any curriculum or mandatory staff or student
training provided by an employee of the school district or
accredited nonpublic school, or by a contractor hired by the
school district or accredited nonpublic school, does not teach,
advocate, encourage, promote, or act upon specific stereotyping
and scapegoating toward others on the basis of demographic
group membership or identity. This subsection shall not
be construed as preventing an employee or contractor who
teaches any curriculum or who provides mandatory training from
responding to questions regarding specific defined concepts
raised by participants in the training.
3. School district and accredited nonpublic school
diversity and inclusion efforts shall discourage students
of the school district or accredited nonpublic school from
discriminating against another by political ideology or any
characteristic protected under the federal Civil Rights Act of
1964, Pub. L. No. 88-352, as amended, and applicable state law.
Each school district and accredited nonpublic school shall
prohibit its employees from discriminating against students or
employees by political ideology or any characteristic protected
under the federal Civil Rights Act of 1964, Pub. L. No. 88-352,
as amended, and applicable state law.
Sec. 32. Section 279.76, subsections 1 and 2, Code 2024, are
amended to read as follows:
1. a. Each school district and accredited nonpublic school
is prohibited from administering or conducting an invasive
physical examination of a student, a student health screening
that is not required by state or federal law, or a formal
examination or survey of a student that is designed to assess
the student’s mental, emotional, or physical health that is
not required by state or federal law, without first acquiring
the written consent of the student’s parent or guardian. This
section applies only to a minor child in the direct care of a
parent or guardian, and does not apply to an emancipated minor
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or a minor who is not residing with the parent or guardian.
b. Each school district and accredited nonpublic school
shall give written notice to a student’s parent or guardian of
an examination or survey of the student required by state or
federal law that is designed to assess the student’s mental,
emotional, or physical health not less than seven days prior to
the examination or survey. The notice shall include a copy of
the examination or survey or a link to an internet site where
the parent or guardian may access the examination or survey.
c. This subsection shall not apply to a hearing or vision
examination.
2. This section shall not be construed to prohibit a school
district or accredited nonpublic school from conducting health
screenings or invasive physical examinations in emergent care
situations or from cooperating in a child abuse assessment
commenced in accordance with section 232.71B .
Sec. 33. Section 279.77, Code 2024, is amended to read as
follows:
279.77 Transparency —— publication of school district and
accredited nonpublic school information.
1. Each school district and accredited nonpublic school
shall publish all of the following information related to the
current school year on the school district’s or accredited
nonpublic school’s internet site:
a. A detailed explanation of the procedures or policies
in effect for the parent or guardian of a student enrolled in
the school district or accredited nonpublic school to request
the removal of a book, article, outline, handout, video, or
other educational material that is available to students in
the classroom or in a library operated by the school district
or accredited nonpublic school . Each school district and
accredited nonpublic school shall prominently display the
detailed explanation on the school district’s or accredited
nonpublic school’s internet site.
b. A detailed explanation of the procedures or policies in
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effect to request the review of decisions made by the board of
directors of the school district or the authorities in charge
of the accredited nonpublic school , including the petition
process established pursuant to section 279.8B .
2. The board of directors of each school district and the
authorities in charge of each accredited nonpublic school
shall adopt a policy describing the procedures for the parent
or guardian of a student enrolled in the school district or
accredited nonpublic school, or a resident of the school
district , to review the instructional materials used in
classrooms in the school district or accredited nonpublic
school . The policy shall include a process for a student’s
parent or guardian to request that the student not be provided
with certain instructional materials. The policy shall be
prominently displayed on the school district’s or accredited
nonpublic school’s internet site and the board of directors
of the school district or the authorities in charge of the
accredited nonpublic school shall, at least annually, provide
a written or electronic copy of the policy to the parent or
guardian of each student enrolled in the school district or
accredited nonpublic school . For purposes of this section ,
“instructional materials” means either printed or electronic
textbooks and related core materials that are written and
published primarily for use in elementary school and secondary
school instruction and are required by a state educational
agency or local educational agency for use by students in the
student’s classes by the teacher of record. “Instructional
materials” does not include lesson plans.
3. Each school district and accredited nonpublic school
shall make available on the school district’s or accredited
nonpublic school’s internet site a comprehensive list of all
books available to students in libraries operated by the school
district or accredited nonpublic school . However, for school
years beginning prior to July 1, 2025, if the school district
or accredited nonpublic school does not use an electronic
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catalog, the school district or accredited nonpublic school may
request a waiver from this requirement from the department of
education.
4. The identity of a parent or guardian who requests the
removal of a book, article, outline, handout, video, or other
educational material that is available to students in the
classroom or in a library operated by the school district or
accredited nonpublic school pursuant to subsection 1 , paragraph
“a” , shall be confidential and shall not be a public record
subject to disclosure under chapter 22 .
5. This section shall not be construed to require a school
district or accredited nonpublic school to do any of the
following:
a. Reproduce educational materials that were not created
by a person employed by the board of directors of the school
district or the authorities in charge of the accredited
nonpublic school .
b. Distribute any educational materials in a manner that
would infringe on the intellectual property rights of any
person.
Sec. 34. Section 279.78, subsections 2, 3, and 4, Code 2024,
are amended to read as follows:
2. A school district or accredited nonpublic school
shall not knowingly give false or misleading information to
the parent or guardian of a student regarding the student’s
gender identity or intention to transition to a gender that
is different than the sex listed on a student’s official
birth certificate or certificate issued upon adoption if the
certificate was issued at or near the time of the student’s
birth.
3. If a student enrolled in a school district or accredited
nonpublic school requests an accommodation that is intended
to affirm the student’s gender identity from a licensed
practitioner employed by the school district or accredited
nonpublic school , including a request that the licensed
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practitioner address the student using a name or pronoun that
is different than the name or pronoun assigned to the student
in the school district’s or accredited nonpublic school’s
registration forms or records, the licensed practitioner shall
report the student’s request to an administrator employed
by the school district or accredited nonpublic school , and
the administrator shall report the student’s request to the
student’s parent or guardian.
4. If, after investigation, the department of education
determines that a school district or an accredited nonpublic
school, or an employee of a school district or an accredited
nonpublic school, has violated this section , the school
district , accredited nonpublic school, or employee of the
school district or accredited nonpublic school , as applicable,
shall be subject to the following:
a. For the first violation of this section , the department
of education shall issue a written warning to the board of
directors of the school district , the authorities in charge
of the accredited nonpublic school, or the employee, as
applicable.
b. (1) For a second or subsequent violation of this
section , if the department of education finds that a school
district or accredited nonpublic school knowingly violated
this section , the superintendent of the school district or the
authorities in charge of the accredited nonpublic school shall
be subject to a hearing conducted by the board of educational
examiners pursuant to section 256.146, subsection 13 , which may
result in disciplinary action.
(2) For a second or subsequent violation of this section ,
if the department of education finds that an employee of
the school district or accredited nonpublic school who
holds a license, certificate, authorization, or statement
of recognition issued by the board of educational examiners
knowingly violated this section , the employee shall be subject
to a hearing conducted by the board of educational examiners
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pursuant to section 256.146, subsection 13 , which may result
in disciplinary action.
Sec. 35. Section 279.79, subsection 1, unnumbered paragraph
1, Code 2024, is amended to read as follows:
The board of directors of a school district and the
authorities in charge of an accredited nonpublic school must
receive the prior written consent of a student’s parent or
guardian before requiring a student to take part in any survey,
analysis, activity, or evaluation that reveals information
concerning any of the following about the student or the
student’s family, whether the information is personally
identifiable or not:
Sec. 36. Section 279.79, subsections 2 and 3, Code 2024, are
amended to read as follows:
2. An employee of a school district or an accredited
nonpublic school , or a contractor engaged by a school district
or an accredited nonpublic school , shall not answer any
question pertaining to any particular student enrolled in the
school district or accredited nonpublic school in any survey
related to the social or emotional abilities, competencies, or
characteristics of the student, unless the board of directors
of the school district or the authorities in charge of the
accredited nonpublic school satisfies all of the following
requirements:
a. The board of directors of the school district or the
authorities in charge of the accredited nonpublic school
provides to the parent or guardian of each student enrolled in
the school district or accredited nonpublic school detailed
information related to the survey, including the person
who created the survey, the person who sponsors the survey,
how information generated by the survey is used, and how
information generated by the survey is stored.
b. The board of directors of the school district or the
authorities in charge of the accredited nonpublic school
receives the written consent from a student’s parent or
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guardian authorizing the employee or contractor to answer
questions in the survey pertaining to the student.
3. Subsection 2 shall not be construed to prohibit an
employee of a school district or accredited nonpublic school ,
or a contractor engaged by a school district or accredited
nonpublic school , from answering questions pertaining to
any particular student enrolled in the school district
or accredited nonpublic school as part of the process of
developing or implementing an individualized education program
for such student.
Sec. 37. Section 279.80, subsection 2, Code 2024, is amended
to read as follows:
2. A school district or an accredited nonpublic school
shall not provide any program, curriculum, test, survey,
questionnaire, promotion, or instruction relating to gender
identity or sexual orientation to students in kindergarten
through grade six.
Sec. 38. Section 280.6, Code 2024, is amended to read as
follows:
280.6 Religious books.
Religious books such as the Bible, the Torah, and the Koran
shall not be excluded from any public school , nonpublic school,
or institution in the state, nor shall any child be required to
read such religious books contrary to the wishes of the child’s
parent or guardian.
Sec. 39. Section 280.8, Code 2024, is amended to read as
follows:
280.8 Special education.
The board of directors of each public school district and
the authorities in charge of each accredited nonpublic school
shall make adequate educational provisions for each resident
child or enrolled child, as applicable, requiring special
education appropriate to the nature and severity of the child’s
disability pursuant to rules promulgated by the department
under the provisions of chapters 256B and 273 .
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Sec. 40. Section 280.14, Code 2024, is amended to read as
follows:
280.14 School requirements —— administration.
1. The board or governing authority of each public school
or school district subject to the provisions of this chapter
and accredited nonpublic school shall establish and maintain
adequate administration, school staffing, personnel assignment
policies, teacher qualifications, certification requirements,
facilities, equipment, grounds, graduation requirements,
instructional requirements, instructional materials,
maintenance procedures, and policies on extracurricular
activities. In addition, the board or governing authority of
each public school or school district and accredited nonpublic
school shall provide such principals as it finds necessary
to provide effective supervision and administration for each
school and its faculty and student body.
2. An individual who is employed or contracted as a
superintendent by a public school or school district accredited
nonpublic school may also serve as an elementary or secondary
principal in the same public school or school district
accredited nonpublic school .
Sec. 41. Section 280.19, Code 2024, is amended to read as
follows:
280.19 At-risk children.
The board of directors of each public school district and the
authorities in charge of each accredited nonpublic school shall
incorporate, into the kindergarten admissions program, criteria
and procedures for identification and integration of at-risk
children and their developmental needs.
Sec. 42. Section 280.19A, subsections 1 and 2, Code 2024,
are amended to read as follows:
1. Each school district and nonpublic school shall adopt
a plan to provide alternative options education programs
to students who are either at risk of dropping out or have
dropped out. An alternative options education program may be
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provided in a nonpublic school, a district, through a sharing
agreement with a school in a contiguous district, or through
an areawide program available at the community college serving
the merged area in which the school district is located. Each
area education agency shall provide assistance in establishing
a plan to provide alternative education options to students
attending a public school or a nonpublic school in a district
served by the agency.
2. When a plan is developed, the district or nonpublic
school shall be responsible for the operation of the program
and shall reimburse the area education agency for the actual
costs incurred by the area education agency under this section .
Sec. 43. Section 280.20, subsection 1, Code 2024, is amended
to read as follows:
1. It is the intent of the general assembly to encourage the
public and nonpublic secondary schools to develop comprehensive
programs for career and technical education in agriculture
technology to meet the diverse needs of Iowa’s students and to
ensure an adequate supply of trained and skilled individuals in
all phases of the agriculture industry. The board of directors
of each public school district and the authorities in charge of
each accredited nonpublic school may develop, as part of the
curriculum in grades nine through twelve, programs for career
and technical education in agriculture technology.
Sec. 44. Section 280.20, subsection 2, paragraph b, Code
2024, is amended to read as follows:
b. Supervision and accountability of career and technical
agriculture teachers employed for extended contracts are the
responsibility of the local school board or authorities in
charge of an accredited nonpublic school, as applicable .
Sec. 45. Section 280.21A, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2024, is amended to read as
follows:
A school employee who, in the course of employment, suffers
a personal injury causing temporary total disability, or a
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permanent partial or total disability, resulting from an
episode of violence toward that employee, for which workers’
compensation under chapter 85 is payable, shall be entitled to
receive workers’ compensation, which the district or nonpublic
school shall supplement in order for the employee to receive
full salary and benefits for the shortest of the following
periods:
Sec. 46. Section 280.21A, subsection 2, Code 2024, is
amended to read as follows:
2. The school district or nonpublic school may require
the employee, as a condition of receiving benefits under this
section , to provide a signed statement that justifies the
use of this leave and, if medical attention is required, a
certificate from a licensed physician that states the nature
and duration of the leave.
Sec. 47. Section 280.22, subsections 1, 4, 6, 7, and 9, Code
2024, are amended to read as follows:
1. Except as limited by this section , students of the public
schools and accredited nonpublic schools have the right to
exercise freedom of speech, including the right of expression
in official school publications.
4. Each board of directors of a public school and the
authorities in charge of each accredited nonpublic school shall
adopt rules in the form of a written publications code, which
shall include reasonable provisions for the time, place, and
manner of conducting such activities within its jurisdiction.
The code shall incorporate all of the provisions of this
section . The board and the authorities shall make the code
available to the students and their parents.
6. Any expression made by students in the exercise of
free speech, including student expression in official school
publications, shall not be deemed to be an expression of school
policy, and the public school district or the accredited
nonpublic school, and school employees or officials , shall
not be liable in any civil or criminal action for any student
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expression made or published by students, unless the school
employees or officials have interfered with or altered the
content of the student speech or expression, and then only to
the extent of the interference or alteration of the speech or
expression.
7. A public school or accredited nonpublic school
employee or official, acting within the scope of the person’s
professional ethics, if any, shall not be dismissed, suspended,
disciplined, reassigned, transferred, subject to termination or
nonrenewal of a teaching contract issued under section 279.13
or an extracurricular contract issued under section 279.19A , or
otherwise retaliated against for acting to protect a student
for engaging in conduct authorized under this section , or
refusing to infringe upon student conduct that is protected by
this section , the first amendment to the Constitution of the
United States, or Article I, section 7, of the Constitution of
the State of Iowa.
9. This section does not prohibit a board of directors of
a public school or the authorities in charge of an accredited
nonpublic school from adopting otherwise valid rules relating
to oral communications by students upon the premises of each
school.
Sec. 48. Section 280.32, subsections 2, 3, and 4, Code 2024,
are amended to read as follows:
2. The board of directors of each public school district
and the authorities in charge of each accredited nonpublic
school shall establish a radon plan and schedule for short-term
tests for radon gas to be performed at each attendance center
under its control at least once by July 1, 2027, and at least
once every five years thereafter. Each school district and
accredited nonpublic school shall publish testing results on
the district’s or accredited nonpublic school’s internet site
in a timely manner.
3. Radon testing pursuant to this section conducted on and
after July 1, 2022, shall be conducted by a person certified to
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conduct such testing pursuant to section 136B.1 or by district
or accredited nonpublic school employees that have completed
a school radon testing training program approved by the
department of education and the department of health and human
services. District or accredited nonpublic school employees
that have completed training shall not perform testing services
in locations other than the employee’s employing district or
accredited nonpublic school . The department of health and
human services shall maintain and make available to school
districts and accredited nonpublic schools a list of such
approved school radon testing training programs. Testing shall
be based on recognized national standards that outline school
radon testing practices.
4. a. If the results of a short-term test at an attendance
center are at or above four picocuries per liter, the board
of directors of the public school district or the authorities
in charge of the accredited nonpublic school shall conduct a
second short-term test for radon gas and radon decay products
in the spaces with elevated results within sixty days of the
first test.
b. If the averaged results of the first and second tests at
an attendance center pursuant to paragraph “a” are at or above
four picocuries per liter, the board of directors of the public
school district or the authorities in charge of the accredited
nonpublic school shall retain or employ a person credentialed
pursuant to section 136B.1 to develop a radon mitigation
plan that may include further diagnostic testing, corrective
measures, and active mitigation. The board or the authorities
shall complete the radon mitigation plan within two years of
the first test. A district or accredited nonpublic school
is not required to mitigate radon at an attendance center if
the district or accredited nonpublic school intends to abandon
the building within five years or has a plan to renovate the
attendance center within five years and the renovation will
include radon mitigation.
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Sec. 49. Section 282.3, subsection 1, Code 2024, is amended
to read as follows:
1. The board may exclude from school children under the
age of six years when in its judgment such children are not
sufficiently mature to be benefited by regular instruction, or
any child who is found to be physically or mentally unable to
attend school under section 299.5 , or whose presence in school
has been found to be injurious to the health of other pupils,
or is efficiently taught for the scholastic year at a state
institution. However, the board or the authorities in charge
of an accredited nonpublic school, as applicable, shall provide
special education programs and services under chapters 256B ,
257 , and 273 for all children requiring special education.
Sec. 50. Section 282.9, Code 2024, is amended to read as
follows:
282.9 Enrollment of person listed on sex offender registry.
1. Notwithstanding sections 256E.7 , 256F.4 , 275.55A , and
282.18 , or any other provision to the contrary, prior to
knowingly enrolling an individual who is required to register
as a sex offender under chapter 692A , but who is otherwise
eligible to enroll in a public school or an accredited
nonpublic school , the board of directors of a school district
or the authorities in charge of an accredited nonpublic school
shall determine the educational placement of the individual.
Upon receipt of notice that a student who is enrolled in the
district or accredited nonpublic school is required to register
as a sex offender under chapter 692A , the board of directors
of the school district or the authorities in charge of the
accredited nonpublic school shall determine the educational
placement of the student. The tentative agenda for the meeting
of the board of directors at which the board will consider such
enrollment or educational placement shall specifically state
that the board is considering the enrollment or educational
placement of an individual who is required to register as a
sex offender under chapter 692A . If the individual is denied
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enrollment in a school district or an accredited nonpublic
school under this section , the school district of residence or
the accredited nonpublic school, as applicable, shall provide
the individual with educational services in an alternative
setting.
2. Notwithstanding section 692A.121 , or any other provision
of law to the contrary, the county sheriff shall provide to
the boards of directors of the school districts located within
the county and to the authorities in charge of the accredited
nonpublic schools in the county the name of any individual
under the age of twenty-one who is required to register as a
sex offender under chapter 692A .
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill modifies provisions related to the
responsibilities of nonpublic schools.
Current law provides that the standards established in Code
section 256.11(4) related to career exploration and development
in grades seven and eight shall not apply to the teaching
of career exploration and development in nonpublic schools.
The bill strikes this provision. Additionally, current
law provides that the standards established in Code section
256.11(5)(h) related to career and technical education in
grades 9 through 12 shall not apply to the teaching of career
and technical education in nonpublic schools. The bill strikes
this provision.
The bill requires accredited nonpublic schools to adopt
rules prohibiting the use of tobacco and the use or possession
of certain types of alcohol or any controlled substance by any
student. The bill authorizes the accredited nonpublic school
to suspend or expel a student for a violation of such a rule.
The bill requires accredited nonpublic schools to adopt
rules requiring that, once school officials have been notified
by a juvenile court officer that a student attending the school
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is under supervision or has been placed on probation, school
officials are required to notify the juvenile court of each
unexcused absence or suspension or expulsion of the student.
Current law imposes restrictions on the ability of a school
district to take disciplinary actions against an employee or
contractor for disclosing certain specified information to any
public official or law enforcement agency. The bill imposes
these same restrictions on accredited nonpublic schools.
The bill authorizes accredited nonpublic schools to employ
for head coach of any interscholastic athletic activity, or for
assistant coach of any interscholastic athletic activity, an
individual who possesses a coaching authorization issued by
the board of educational examiners or who possesses a teaching
license with a coaching endorsement.
The bill authorizes accredited nonpublic schools to employ
principals in the same manner as school districts. The bill
also requires a principal employed by an accredited nonpublic
school to hold a current valid principal’s certificate.
Current Code section 279.40 grants minimum amounts of sick
leave to public school employees. The bill grants these same
minimum amounts of sick leave to employees of accredited
nonpublic schools under the same conditions as sick leave
granted to public school employees.
Current Code section 279.50 requires school districts
to provide certain specified human growth and development
instruction to students enrolled in kindergarten through grade
12, and imposes other requirements related to such instruction.
The bill requires accredited nonpublic schools to provide the
same instruction and follow the same requirements.
The bill requires accredited nonpublic schools to adopt
policies for different grade levels that describe how an
accredited nonpublic school may discipline a student for making
a threat of violence or causing an incident of violence that
results in injury or property damage or assault. The bill
establishes requirements related to such policy.
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Current Code section 279.68 imposes responsibilities on
school districts related to assessing students to determine
levels of reading readiness and providing intensive reading
instruction. The bill imposes these same responsibilities on
accredited nonpublic schools.
The bill provides that accredited nonpublic schools are
to require licensed personnel who have regular contact with
students to undergo training related to suicide prevention and
postvention, the training related to identification of adverse
childhood experiences, and strategies to mitigate toxic stress.
The bill requires accredited nonpublic schools that issue
identification cards to students in grades 7 through 12 to
include on the card the crisis hotline telephone and text
numbers and the internet address for your life Iowa or the
your life Iowa successor program. The bill also authorizes
accredited nonpublic schools that issue identification cards
to students in grades five and six to include on the card the
crisis hotline telephone and text numbers and the internet
address for your life Iowa or the your life Iowa successor
program.
Current Code section 279.71 imposes on school districts
certain requirements related to student online personal
information protection. The bill imposes these same
requirements on accredited nonpublic schools.
The bill requires certain specified licensed accredited
nonpublic school employees who are employed by an accredited
nonpublic school after July 1, 2024, to complete the Iowa
reading research center dyslexia overview module within one
year of the employee’s initial date of hire.
The bill requires accredited nonpublic schools to protect
the intellectual freedom of the school’s students and
practitioners and to establish and publicize policies that
protect students and faculty from discrimination based on
speech. The bill also provides that if an accredited nonpublic
school or a court finds that certain specified employees of the
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accredited nonpublic school discriminated against a student or
employee in violation of this provision, the employee found to
be in violation shall be subject to a hearing conducted by the
board of educational examiners.
Current Code section 279.74 imposes certain responsibilities
and prohibitions on school districts related to training and
curriculum that includes race or sex scapegoating, race or sex
stereotyping, or specific defined concepts. The bill imposes
these same responsibilities and prohibitions on accredited
nonpublic schools.
The bill prohibits accredited nonpublic schools from
conducting an invasive physical examination of a student, a
student health screening that is not required by law, or a
formal examination or survey of a student that is designed
to assess the student’s health that is not required by law,
without first acquiring the written consent of the student’s
parent or guardian. The bill also requires accredited
nonpublic schools to give written notice to a student’s parent
or guardian of an examination of the student required by law
that is designed to assess the student’s health not less than
seven days prior to the examination or survey.
Current Code section 279.77 requires school districts
to publish certain specified information on the school
district’s internet site and adopt policies related to the
review of instructional materials. The bill imposes the same
responsibilities on accredited nonpublic schools.
Current Code section 279.78 imposes certain responsibilities
and prohibitions on school districts related to the gender
identity of students enrolled in the school district. The
bill imposes the same responsibilities and prohibitions on
accredited nonpublic schools.
The bill requires an accredited nonpublic school to receive
the prior written consent of a student’s parent or guardian
before requiring a student to take part in certain specified
evaluations. The bill prohibits an employee or contractor of
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an accredited nonpublic school from answering any question
pertaining to any particular student enrolled in the school
in any survey related to the social or emotional abilities,
competencies, or characteristics of the student, unless the
school satisfies certain specified requirements.
The bill prohibits an accredited nonpublic school from
providing any program, curriculum, test, survey, questionnaire,
promotion, or instruction relating to gender identity or sexual
orientation to students in kindergarten through grade six. The
bill makes conforming changes.
The bill provides that religious books shall not be excluded
from a nonpublic school.
The bill requires accredited nonpublic schools to make
adequate educational provisions for each enrolled child who
requires special education that is appropriate to the nature
and severity of the child’s disability. The bill makes
conforming changes.
The bill requires accredited nonpublic schools to establish
and maintain adequate administration, school staffing,
personnel assignment policies, teacher qualifications,
certification requirements, facilities, equipment, grounds,
graduation requirements, instructional requirements,
instructional materials, maintenance procedures, and policies
on extracurricular activities. The bill authorizes an
individual employed or contracted by an accredited nonpublic
school to serve as an elementary or secondary principal in the
same accredited nonpublic school.
The bill requires accredited nonpublic schools to
incorporate, into the kindergarten admissions program, criteria
and procedures for identification and integration of at-risk
children and their developmental needs.
Current Code section 280.19A imposes certain requirements
on school districts related to alternative options education
programs for students who are either at risk of dropping out or
have dropped out. The bill imposes the same requirements on
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accredited nonpublic schools.
The bill authorizes accredited nonpublic schools to develop,
as part of the curriculum in grades 9 through 12, programs for
career and technical education in agriculture technology. The
bill provides that supervision and accountability of career and
technical agriculture teachers employed for extended contracts
are the responsibility of the accredited nonpublic school.
The bill provides that accredited nonpublic school employees
who, in the course of employment, suffer permanent partial or
total disability, resulting from an episode of violence, for
which workers’ compensation is payable, shall be entitled to
receive workers’ compensation, which the nonpublic school shall
supplement. The bill also provides that a nonpublic school
may require the employee to provide a signed statement that
justifies the use of this leave and, if medical attention is
required, a certificate from a licensed physician that states
the nature and duration of the leave.
Current Code section 280.22 provides that students of public
schools have the right to exercise freedom of speech, including
the right of expression in official school publications,
subject to the limits contained in that Code section. The
bill modifies Code section 280.22 to provide that students of
accredited nonpublic schools have the same rights.
The bill requires accredited nonpublic schools to establish
a radon plan and schedule for short-term tests for radon gas to
be performed at each attendance center at least once by July 1,
2027, and at least once every five years thereafter. The bill
also requires accredited nonpublic schools to publish testing
results on the school’s internet site in a timely manner. The
bill imposes other responsibilities on accredited nonpublic
schools related to testing for radon gas.
The bill provides that, prior to knowingly enrolling an
individual who is required to register as a sex offender,
an accredited nonpublic school is required to determine
the educational placement of the individual. The bill also
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provides that if the individual is denied enrollment in an
accredited nonpublic school, the school shall provide the
individual with educational services in an alternative setting.
The bill requires the county sheriff to provide accredited
nonpublic schools in the county the name of any individual
under the age of 21 who is required to register as a sex
offender.
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