Bill Text: IA SSB1111 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to entities supported in whole or in part by public moneys, including the sale of public bonds, the duties and responsibilities of the directors and officers of school boards, school districts, the department of education, the department of health and human services, accredited nonpublic schools, charter schools, community colleges, institutions under the control of the state board of regents, area education agencies, election commissioners and children's residential facilities, and the membership and voting units of county and city conference boards.(See SF 390.)

Spectrum: Committee Bill

Status: (Introduced) 2023-02-23 - Committee report approving bill, renumbered as SF 390. [SSB1111 Detail]

Download: Iowa-2023-SSB1111-Introduced.html
Senate Study Bill 1111 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON ROZENBOOM) A BILL FOR An Act relating to entities supported in whole or in part by 1 public moneys, including the sale of public bonds, the 2 duties and responsibilities of the directors and officers 3 of school boards, school districts, the department of 4 education, the department of health and human services, 5 accredited nonpublic schools, charter schools, community 6 colleges, institutions under the control of the state board 7 of regents, area education agencies, election commissioners 8 and children’s residential facilities, and the membership 9 and voting units of county and city conference boards. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 11 TLSB 1669XC (2) 90 jda/jh
S.F. _____ DIVISION I 1 BOND SALES 2 Section 1. Section 75.2, Code 2023, is amended to read as 3 follows: 4 75.2 Notice of sale. 5 When public bonds are offered for sale, the official in 6 charge of the bond issue shall , by advertisement published 7 at least once, the last one of which shall be not less than 8 four nor more than twenty days before the sale in a newspaper 9 located in the county or a county contiguous to the place of 10 sale, give notice of the time and place of sale of the bonds, 11 the amount to be offered for sale, and any further information 12 which the official deems pertinent by publishing the time and 13 place of sale of the bonds, the amount to be offered for sale, 14 and any additional information the official deems pertinent 15 to the bond issue not less than four nor more than twenty 16 days before the sale in at least one electronic or written 17 publication with nationwide circulation that is recognized for 18 providing information regarding the sale of public bonds or in 19 a newspaper located in the county or a county contiguous to the 20 place of sale . 21 Sec. 2. Section 75.14, Code 2023, is amended to read as 22 follows: 23 75.14 Electronic bidding. 24 Notwithstanding contrary provisions of this chapter , 25 including section 75.3, a public body authorized to issue 26 bonds, notes, or other obligations may elect to receive bids to 27 purchase such bonds, notes, or other obligations by means of 28 electronic, internet , or wireless communication; a proprietary 29 bidding procedure or system; or by facsimile transmission 30 to a location deemed appropriate by the governing body, in 31 each instance as may be approved by the governing body and 32 provided for in the notice of sale. An electronic bid shall 33 be submitted in substantial conformity with the requirements 34 of chapter 554D and any rules adopted pursuant to that chapter 35 -1- LSB 1669XC (2) 90 jda/jh 1/ 25
S.F. _____ with respect to the acceptance of electronic records by a 1 governmental agency. Additionally, before approving the use 2 of an electronic bidding procedure, the public body shall find 3 and determine that the specific procedure to be used will 4 provide reasonable security and maintain the integrity of 5 the competitive bidding process, and facilitate the delivery 6 of bids by interested parties under the circumstances of the 7 particular sale. 8 DIVISION II 9 SCHOOL BOARD AND OFFICERS —— DUTIES AND RESPONSIBILITIES 10 Sec. 3. Section 256.11, subsection 9, Code 2023, is amended 11 to read as follows: 12 9. Beginning July 1, 2006, each A school district shall 13 have a qualified teacher librarian who shall be licensed by the 14 board of educational examiners under chapter 272 . The state 15 board shall establish in rule a definition of and standards for 16 an articulated sequential kindergarten through grade twelve 17 media program. A school district that entered into a contract 18 with an individual for employment as a media specialist or 19 librarian prior to June 1, 2006, shall be considered to be 20 in compliance with this subsection until June 30, 2011, if 21 the individual is making annual progress toward meeting the 22 requirements for a teacher librarian endorsement issued by the 23 board of educational examiners under chapter 272 . A school 24 district that entered into a contract with an individual for 25 employment as a media specialist or librarian who holds at 26 least a master’s degree in library and information studies 27 shall be considered to be in compliance with this subsection 28 until the individual leaves the employ of the school district. 29 Sec. 4. Section 279.6, subsection 1, paragraph a, Code 2023, 30 is amended to read as follows: 31 a. Except as provided in paragraph “b” and subsection 2 , 32 vacancies occurring among the officers or members of a school 33 board shall be filled by the board by appointment. A person 34 so appointed to fill a vacancy in an elective office shall 35 -2- LSB 1669XC (2) 90 jda/jh 2/ 25
S.F. _____ hold office until a successor is elected and qualified at the 1 next regular school election, unless there is an intervening 2 special election for the school district, in which event a 3 successor shall be elected at the intervening special election, 4 in accordance with section 69.12 . To fill a vacancy occurring 5 among the members of a school board, the board shall publish 6 notice either on the board’s internet site or in the manner 7 prescribed by section 279.36 , stating that the board intends to 8 fill the vacancy by appointment but that the electors of the 9 school district have the right to file a petition requiring 10 that the vacancy be filled by a special election conducted 11 pursuant to section 279.7 . The board may publish notice in 12 advance if a member of the board submits a resignation to take 13 effect at a future date. The board may make an appointment to 14 fill the vacancy after the notice is published or after the 15 vacancy occurs, whichever is later. 16 Sec. 5. Section 279.6, subsection 1, paragraph b, 17 subparagraphs (1) and (2), Code 2023, are amended to read as 18 follows: 19 (1) If within fourteen days after publication of a providing 20 notice required pursuant to paragraph “a” for a vacancy that 21 occurs more than one hundred eighty days before the next 22 regular school election, or after the filing period closes 23 pursuant to section 277.4, subsection 1 , for the next regular 24 school election, there is filed with the secretary of the 25 school board a petition requesting a special election to fill 26 the vacancy, an appointment to fill the vacancy is temporary 27 until a successor is elected and qualified, and the board shall 28 call a special election pursuant to section 279.7 , to fill the 29 vacancy for the remaining balance of the unexpired term. 30 (2) If within fourteen days after publication of a providing 31 notice required pursuant to paragraph “a” for a vacancy that 32 occurs one hundred eighty days or less but more than forty days 33 before the next regular school election there is filed with the 34 secretary of the school board a petition requesting to fill 35 -3- LSB 1669XC (2) 90 jda/jh 3/ 25
S.F. _____ the vacancy by election, an appointment to fill the vacancy is 1 temporary until a successor is elected and qualified, and the 2 school board shall require that the remaining balance of the 3 unexpired term be filled at the next regular school election. 4 Sec. 6. Section 279.8, subsection 1, Code 2023, is amended 5 to read as follows: 6 1. The board shall make rules for its own government and 7 that of the directors, officers, employees, teachers and 8 pupils, and for the care of the schoolhouse, grounds, and 9 property of the school corporation, and shall aid in the 10 enforcement of the rules, and require the performance of duties 11 imposed by law and the rules. The board shall include in its 12 rules provisions regulating the loading and unloading of pupils 13 from a school bus stopped on the highway during a period of 14 reduced highway visibility caused by fog, snow or other weather 15 conditions. The board shall have the authority to include in 16 its rules provisions allowing school corporation employees to 17 use school credit cards to pay for the actual and necessary 18 expenses incurred in the performance of work-related duties. 19 Sec. 7. Section 279.20, subsection 2, Code 2023, is amended 20 to read as follows: 21 2. The board of directors of a school district may delegate 22 the authority to hire support personnel and sign the support 23 personnel employment contracts, if applicable, if the board 24 adopts a policy authorizing the superintendent to perform 25 such duties and specifying the positions the superintendent 26 is authorized to fill. The board of directors of a school 27 district and the superintendent, if authorized pursuant to 28 this subsection, may use electronic signatures and electronic 29 contracts pursuant to chapter 554D and facsimile signatures 30 when entering into the contracts described in this subsection. 31 For purposes of this subsection , the term “support personnel” 32 includes , but is not limited to , bus drivers, custodians, 33 educational associates, and clerical and food service 34 employees. 35 -4- LSB 1669XC (2) 90 jda/jh 4/ 25
S.F. _____ Sec. 8. Section 279.69, subsection 1, Code 2023, is amended 1 to read as follows: 2 1. Prior to hiring an applicant for a school employee 3 position, a school district shall have access to and shall 4 review the information in the Iowa court information system 5 available to the general public, the sex offender registry 6 information under section 692A.121 available to the general 7 public, the central registry for child abuse information 8 established under section 235A.14 , and the central registry for 9 dependent adult abuse information established under section 10 235B.5 for information regarding the applicant. A school 11 district shall follow the same procedure by June 30, 2014, for 12 each school employee employed by the school district as of July 13 1, 2013. A school district shall implement a consistent policy 14 to follow the same procedure for each school employee employed 15 by the school district on or after July 1, 2013, at least every 16 five years after the school employee’s initial date of hire. A 17 school district shall not may charge an employee for the cost 18 of the registry checks conducted pursuant to this subsection , 19 not to exceed the actual cost of the registry checks . A school 20 district shall maintain documentation demonstrating compliance 21 with this subsection . 22 Sec. 9. Section 280.5, subsection 2, Code 2023, is amended 23 to read as follows: 24 2. The board of directors of each Each public school 25 district shall administer the pledge of allegiance in grades 26 one through twelve each school day. Each classroom in which 27 the pledge of allegiance is recited pursuant to this subsection 28 shall display the United States flag during the recitation. A 29 student shall not be compelled against the student’s objections 30 or those of the student’s parent or guardian to recite the 31 pledge. 32 Sec. 10. Section 291.1, Code 2023, is amended to read as 33 follows: 34 291.1 President —— duties. 35 -5- LSB 1669XC (2) 90 jda/jh 5/ 25
S.F. _____ The president of the board of directors shall preside at 1 all of its meetings, sign all contracts made by the board, and 2 appear on behalf of the corporation in all actions brought by 3 or against it, unless individually a party, in which case this 4 duty shall be performed by the secretary. The president or the 5 president’s designee shall have the authority to enter into 6 original contracts or electronic contracts pursuant to chapter 7 554D and sign, using an original , or facsimile , or electronic 8 signature , as defined in section 554D.103 , all school district 9 payments drawn and authorize electronic funds transfers as 10 provided by law. The board of directors, by resolution, may 11 designate an individual, who shall not be the secretary, to 12 sign payments or authorize electronic funds transfers on behalf 13 of the president pursuant to this section . 14 Sec. 11. Section 291.4, Code 2023, is amended to read as 15 follows: 16 291.4 Oath. 17 Each shall take the oath required of civil officers , which 18 shall be endorsed upon the bond, and shall complete the 19 qualification within ten days. 20 DIVISION III 21 RESPONSIBILITIES AND REQUIREMENTS RELATING TO HEALTH 22 Sec. 12. Section 8A.318, subsections 1 and 3, Code 2023, are 23 amended to read as follows: 24 1. Findings and intent. The general assembly finds that 25 human beings are vulnerable to and may be severely affected by 26 exposure to chemicals, hazardous waste, and other environmental 27 hazards. The federal environmental protection agency estimates 28 that human exposure to indoor air pollutants can be two to 29 five times, and up to one hundred times, higher than outdoor 30 levels. Children, teachers, janitors, and other staff members 31 spend a significant amount of time inside school buildings. 32 Likewise, state State employees and citizens of this state 33 spend a significant amount of time inside state buildings. 34 These individuals are continuously exposed to chemicals from 35 -6- LSB 1669XC (2) 90 jda/jh 6/ 25
S.F. _____ cleaners, waxes, deodorizers, and other maintenance products. 1 3. Use of environmentally preferable cleaning and maintenance 2 products. 3 a. All school districts in this state, community colleges, 4 institutions under the control of the state board of regents, 5 and state agencies utilizing state buildings , are encouraged 6 to conform to an environmentally preferable cleaning policy 7 designed to facilitate the purchase and use of environmentally 8 preferable cleaning and maintenance products for purposes of 9 public school, community college, regents institution, and 10 state building cleaning and maintenance. 11 b. Each school district, community college, institution 12 under the control of the state board of regents, or state 13 agency utilizing public buildings shall conduct an evaluation 14 and assessment regarding implementation of an environmentally 15 preferable cleaning policy pursuant to this section . On or 16 after July 1, 2012, all All state agencies , and all school 17 districts, community colleges, and institutions under the 18 control of the state board of regents which have not opted 19 out of compliance pursuant to paragraph “c” , shall purchase 20 only cleaning and maintenance products identified by the 21 department or that meet nationally recognized standards. 22 School districts, community colleges, institutions under the 23 control of the state board of regents, and state State agencies 24 procuring supplies for schools and state buildings may deplete 25 their existing cleaning and maintenance supply stocks and 26 implement the new requirements in the procurement cycle for 27 the following year. This section shall not be interpreted 28 in a manner that prohibits the use of disinfectants, 29 disinfecting cleaners, sanitizers, or any other antimicrobial 30 product regulated by the federal Insecticide, Fungicide, 31 and Rodenticide Act, 7 U.S.C. §136 et seq., when necessary 32 to protect public health and provided that the use of these 33 products is in accordance with responsible cleaning procedure 34 requirements. 35 -7- LSB 1669XC (2) 90 jda/jh 7/ 25
S.F. _____ c. A school district, community college, or institution 1 under the control of the state board of regents may, based upon 2 the evaluation and assessment conducted pursuant to paragraph 3 “b” , opt out of compliance with the requirements of this section 4 upon the affirmative vote of a majority of the members of the 5 board of directors of the school district or a determination by 6 the president of the community college or by the president or 7 administrative officer of the regents institution. A school 8 district, community college, or regents institution opting 9 out of compliance pursuant to this paragraph shall notify the 10 department of education, the state board of education, or the 11 state board of regents, as appropriate, of this decision. 12 Sec. 13. Section 256.11, subsection 9B, Code 2023, is 13 amended to read as follows: 14 9B. Beginning July 1, 2007, each A school district shall 15 have a school nurse to provide health services to its students. 16 Each school district shall work toward the goal of having one 17 school nurse for every seven hundred fifty students enrolled in 18 the school district. For purposes of this subsection , “school 19 nurse” means a person who holds an endorsement or a statement of 20 professional recognition for school nurses issued by the board 21 of educational examiners under chapter 272 . 22 Sec. 14. Section 280.7A, subsection 1, Code 2023, is amended 23 by striking the subsection. 24 Sec. 15. DEPARTMENT OF EDUCATION —— HEALTH CARE-RELATED 25 TRAINING FOR SCHOOL PERSONNEL WORK GROUP. 26 1. The department of education shall convene and provide 27 administrative support to a health care-related training 28 for school personnel work group. The work group shall 29 review and develop a plan to ensure Iowa educators have the 30 health care training necessary to perform their duties and 31 responsibilities, and shall consider and submit recommendations 32 for delivery and implementation of training required under 33 state law or rule. 34 2. The work group shall include all of the following: 35 -8- LSB 1669XC (2) 90 jda/jh 8/ 25
S.F. _____ a. (1) Two members who are staff members from the 1 department of education, one of whom shall be an administrative 2 consultant in the bureau of nutrition and health services. 3 A member appointed under this subparagraph shall coordinate 4 the work group and act as chairperson for the organizational 5 meeting. 6 (2) One member who is a staff member from the Iowa 7 department of health and human services. 8 b. Members who shall represent each of the following: 9 (1) One member from a statewide organization representing 10 teachers. 11 (2) One member from a statewide organization representing 12 school board members. 13 (3) One member from a statewide organization representing 14 school administrators. 15 (4) One member from a statewide organization representing 16 authorities in charge of accredited nonpublic schools. 17 (5) One member representing the area education agencies. 18 (6) One member from a statewide organization representing 19 physicians. 20 (7) One member from a statewide organization representing 21 athletic trainers. 22 (8) One member from a statewide organization representing 23 emergency management services. 24 (9) One member from a statewide organization representing 25 health care organizations. 26 (10) One member from a statewide organization representing 27 school nurses. 28 3. Any expenses incurred by a member of the work group 29 shall be the responsibility of the individual member or the 30 respective entity represented by the member. 31 4. The director of the department of education or the 32 director’s designee shall compile and provide to the work group 33 a list of, and the purposes for, the health care training 34 programs that school personnel are required to complete, as 35 -9- LSB 1669XC (2) 90 jda/jh 9/ 25
S.F. _____ well as any requirements school personnel must meet following 1 such training, in order be in compliance with state law or 2 administrative rule. 3 5. The work group shall do all of the following: 4 a. Identify which trainings can be best provided over the 5 internet, and how such training can be rotated on a five-year 6 basis for school personnel. 7 b. Develop a plan for a regular cycle of health care-related 8 training for school personnel review, with the goal of removing 9 or modifying training or training programs that are no longer 10 relevant, and identifying less costly and more efficient 11 options that still provide the appropriate level of training to 12 school personnel. 13 c. Standardize the process of establishing new training 14 requirements in state law or rule to manage stakeholder 15 expectations relating to the timeline for establishing the 16 requirements. 17 d. Create an ongoing review process to find efficiencies, 18 identify training options that better utilize time and 19 financial resources, and offer a continuous improvement model 20 for the system moving forward. 21 e. Study and make any recommended changes on rules adopted 22 by the state board of education under 281 IAC ch. 14, relating 23 to individual health plans prepared for students with various 24 health conditions. 25 f. Ensure a public comment process for patient advocacy 26 groups and parents to provide input on the recommendations of 27 the work group. 28 6. If the work group recommends elimination or significant 29 modification of certain health care-related training for 30 school personnel, the department of education shall identify 31 stakeholders who would potentially be affected by such 32 change, and shall invite representatives from organizations 33 representing such stakeholders to submit comments before or 34 at an upcoming work group meeting before the work group makes 35 -10- LSB 1669XC (2) 90 jda/jh 10/ 25
S.F. _____ final recommendations. 1 7. The department of education shall compile the work 2 group’s findings and recommendations and shall submit the 3 compilation, including any proposal for legislation, in a 4 report to the general assembly, the governor, and the state 5 board of education by December 1, 2023. 6 DIVISION IV 7 STATEWIDE SCHOOL INFRASTRUCTURE FUNDING 8 Sec. 16. Section 423F.3, subsections 2 and 4, Code 2023, are 9 amended to read as follows: 10 2. A revenue purpose statement in existence for the 11 expenditure of local sales and services tax for school 12 infrastructure purposes imposed by a county pursuant to 13 section 423E.2 , Code Supplement 2007, prior to July 1, 2008, 14 shall remain in effect until amended or extended. The board 15 of directors of a school district may take action to adopt 16 or amend a revenue purpose statement specifying the specific 17 purposes for which the revenues received from the secure an 18 advanced vision for education fund will be expended. If a 19 school district is located in a county which has imposed a 20 local sales and services tax for school infrastructure purposes 21 prior to July 1, 2008, this action shall be taken before 22 expending or anticipating revenues to be received after the 23 unextended term of the tax unless the school district elects to 24 adopt a revenue purpose statement as provided in subsection 3 . 25 4. The revenues received pursuant to this chapter shall 26 be expended for the purposes specified in the revenue purpose 27 statement. If a board of directors has not approved a revenue 28 purpose statement, the revenues shall be expended in the order 29 listed in subsection 1 except that the payment of bonds for 30 which the revenues have been pledged shall be paid first. 31 Once approved, a revenue purpose statement is effective until 32 amended or repealed by the foregoing procedures. A revenue 33 purpose statement shall not be amended or repealed to reduce 34 the amount of revenue pledged to the payment of principal and 35 -11- LSB 1669XC (2) 90 jda/jh 11/ 25
S.F. _____ interest on bonds as long as any bonds authorized by sections 1 423E.5 and 423F.4 are outstanding unless funds sufficient 2 to pay principal, interest, and premium, if any, on the 3 outstanding obligations at or prior to maturity have been 4 properly set aside and pledged for that purpose. A school 5 district affected by a reorganization under chapter 275 that 6 has issued bonds under section 423E.5 or 423F.4 and that has 7 not approved a revenue purpose statement shall first use 8 revenues to make timely and sufficient payment of principal and 9 interest, and premium if applicable, on the outstanding bonds. 10 Sec. 17. Section 423F.3, subsection 3, paragraph c, Code 11 2023, is amended by striking the paragraph. 12 Sec. 18. Section 423F.3, subsection 3, paragraph d, Code 13 2023, is amended to read as follows: 14 d. The board secretary shall notify the county commissioner 15 of elections of the intent to take an issue to the voters 16 pursuant to paragraph “b” or “c” . The county commissioner of 17 elections shall publish the notices required by law for special 18 or general elections, and the election shall be held on a date 19 specified in section 39.2, subsection 4 , paragraph “c” . A 20 majority of those voting on the question must favor approval 21 of the revenue purpose statement. If the proposal is not 22 approved, the school district shall not submit the same or new 23 revenue purpose statement to the electors for a period of six 24 months from the date of the previous election. 25 Sec. 19. Section 423F.3, subsection 6, paragraph a, 26 subparagraph (1), Code 2023, is amended to read as follows: 27 (1) For purposes of this chapter , “school infrastructure” 28 means those activities authorized in section 423E.1, subsection 29 3 , Code 2007 for which a school district is authorized to 30 contract indebtedness and issue general obligation bonds under 31 section 296.1, except those activities related to a teacher’s 32 or superintendent’s home or homes . 33 Sec. 20. Section 423F.3, subsection 6, paragraph a, Code 34 2023, is amended by adding the following new subparagraphs: 35 -12- LSB 1669XC (2) 90 jda/jh 12/ 25
S.F. _____ NEW SUBPARAGRAPH . (5) Additionally, “school infrastructure” 1 includes the construction, reconstruction, repair, demolition 2 work, purchasing, or remodeling of schoolhouses, stadiums, 3 gymnasiums, fieldhouses, and school bus garages, the 4 procurement of schoolhouse construction sites, the making of 5 site improvements, and those activities for which revenues 6 under section 298.3 or chapter 300 may be spent. 7 NEW SUBPARAGRAPH . (6) Additionally, “school infrastructure” 8 includes a joint infrastructure project with one or more school 9 districts or one or more school districts and a community 10 college established under chapter 260C, for which buildings 11 or facilities are constructed or leased for the purpose of 12 offering classes under a district-to-community college sharing 13 agreement or concurrent enrollment program that meets the 14 requirements for funding under section 257.11, subsection 3. 15 Sec. 21. Section 423F.4, Code 2023, is amended to read as 16 follows: 17 423F.4 Borrowing authority for school districts. 18 1. Subject to the conditions established under subsection 19 2 , a school district may anticipate its share of the revenues 20 under section 423F.2 by issuing bonds in the manner provided 21 in section 423E.5 , Code 2019 this section . However, to the 22 extent any school district has issued bonds anticipating the 23 proceeds of an extended local sales and services tax for school 24 infrastructure purposes imposed by a county pursuant to former 25 chapter 423E , Code and Code Supplement 2007, prior to July 1, 26 2008, the pledge of such revenues for the payment of principal 27 and interest on such bonds shall be replaced by a pledge of its 28 share of the revenues under section 423F.2 . 29 2. a. Bonds issued on or after July 1, 2019, shall not be 30 sold at public sale as provided in chapter 75 , or at a private 31 sale, without notice and hearing. Notice of the time and place 32 of the public hearing shall be published not less than ten nor 33 more than twenty days before the public hearing in a newspaper 34 which is a newspaper of general circulation in the school 35 -13- LSB 1669XC (2) 90 jda/jh 13/ 25
S.F. _____ district. This paragraph does not apply to the refinancing of 1 bonds. 2 b. For bonds subject to the requirements of paragraph 3 “a” , if at any time prior to the fifteenth day following the 4 hearing, the secretary of the board of directors receives a 5 petition containing the required number of signatures and 6 asking that the question of the issuance of such bonds be 7 submitted to the voters of the school district, the board shall 8 either rescind its adoption of the resolution or direct the 9 county commissioner of elections to submit the question to the 10 registered voters of the school district at an election held 11 on a date specified in section 39.2, subsection 4 , paragraph 12 “c” . The petition must be signed by eligible electors equal 13 in number to not less than one hundred or thirty percent of 14 the number of voters at the last preceding election of school 15 officials under section 277.1 , whichever is greater. If the 16 board submits the question at an election and a majority of 17 those voting on the question favors issuance of the bonds, the 18 board shall be authorized to issue the bonds. 19 c. After fourteen days from the date of the hearing under 20 paragraph “a” or fourteen days after the date of the election 21 held under paragraph “b” , if applicable, whichever is later, 22 an action shall not be brought questioning the legality of 23 any bonds or the power of the authority to issue any bonds 24 or to the legality of any proceedings in connection with the 25 authorization or issuance of the bonds. 26 3. The repeal of section 423E.5 shall not affect the 27 validity of any previously issued bonds or other evidences of 28 indebtedness. 29 4. The board of directors of a school district may issue 30 negotiable, interest-bearing school bonds, without election, 31 and utilize tax receipts derived from the secure an advanced 32 vision for education fund for principal and interest repayment. 33 Proceeds of the bonds issued pursuant to this subsection shall 34 be utilized solely for school infrastructure as defined in 35 -14- LSB 1669XC (2) 90 jda/jh 14/ 25
S.F. _____ section 423F.3, subsection 6, paragraph “a” . Bonds issued 1 under this subsection may be sold at public sale as provided 2 in chapter 75, or at private sale, without notice and hearing. 3 Bonds may bear dates, bear interest at rates not exceeding that 4 permitted by chapter 74A, mature in one or more installments, 5 be in registered form, carry registration and conversion 6 privileges, be payable as to principal and interest at times 7 and places, be subject to terms of redemption prior to maturity 8 with or without premium, and be in one or more denominations, 9 all as provided by the resolution of the board of directors 10 authorizing the issuance. The resolution may also prescribe 11 additional provisions, terms, conditions, and covenants which 12 the board of directors deems advisable, including provisions 13 for creating and maintaining reserve funds, the issuance of 14 additional bonds ranking on a parity with such bonds and 15 additional bonds junior and subordinate to such bonds, and 16 that such bonds shall rank on a parity with or be junior and 17 subordinate to any bonds which may be then outstanding. Bonds 18 may be issued to refund outstanding and previously issued 19 bonds under this subsection. The bonds are a contractual 20 obligation of the school district, and the resolution issuing 21 the bonds and its share of the revenues distributed pursuant 22 to section 423F.2 to the payment of principal and interest on 23 the bonds is a part of the contract. Bonds issued pursuant to 24 this subsection shall not constitute indebtedness within the 25 meaning of any constitutional or statutory debt limitation or 26 restriction, and shall not be subject to any other law relating 27 to the authorization, issuance, or sale of bonds. 28 5. a. A school district may enter into an agreement 29 pursuant to chapter 28E with one or more cities or a county 30 whose boundaries encompass all or a part of the area of the 31 school district. A city entering into an agreement with a 32 school district pursuant to chapter 28E may expend the city’s 33 designated portion of the revenues for any valid purpose 34 permitted in this chapter or authorized by the governing body 35 -15- LSB 1669XC (2) 90 jda/jh 15/ 25
S.F. _____ of the city. A county entering into an agreement with a school 1 district pursuant to chapter 28E may expend its designated 2 portion of the revenues to provide property tax relief within 3 the boundaries of the school district located in the county. 4 b. A school district may enter into an agreement pursuant to 5 chapter 28E with another school district, a community college, 6 or an area education agency which is located partially or 7 entirely in or is contiguous to the county where the school 8 district is located. The school district or community college 9 shall only expend its designated portion of the revenues 10 for infrastructure purposes. The area education agency 11 shall only expend its designated portion of the revenues for 12 infrastructure and maintenance purposes. 13 DIVISION V 14 COUNTY CONFERENCE BOARD 15 Sec. 22. Section 441.2, Code 2023, is amended to read as 16 follows: 17 441.2 Conference board. 18 In each county and each city having an assessor there 19 shall be established a conference board. In counties the 20 conference board shall consist of the mayors or a designated 21 member of a city council of all incorporated cities in the 22 county whose property is assessed by the county assessor; one 23 representative from the board of directors of each high school 24 district of containing a high school in the county, who is a 25 resident of the county, said board of directors appointing said 26 representative for a one-year term and notifying the clerk of 27 the conference board as to their representative ; and members 28 of the board of supervisors. In cities having an assessor 29 the conference board shall consist of the members of the city 30 council, school board the board of directors of each school 31 district containing a high school in the city , and county board 32 of supervisors. In the counties the chairperson of the board 33 of supervisors shall act as chairperson of the conference 34 board, in cities having an assessor the mayor of the city 35 -16- LSB 1669XC (2) 90 jda/jh 16/ 25
S.F. _____ council shall act as chairperson of the conference board. In 1 any action taken by the conference board, the mayors of all 2 incorporated cities in the county whose property is assessed 3 by the county assessor shall constitute one voting unit, the 4 members of the city board of education board of directors of 5 each school district containing a high school in the city or 6 one representative from the board of directors of each high 7 school district of containing a high school in the county shall 8 constitute one voting unit, the members of the city council 9 shall constitute one voting unit, and the county board of 10 supervisors shall constitute one voting unit, each unit having 11 a single vote and no action shall be valid except by the vote of 12 not less than two out of the three units. In any action taken 13 by the conference board, if a city or a county contains only 14 one school district containing a high school, the members of 15 or the representative of the board of directors of the school 16 district, as applicable, shall constitute one voting unit. 17 The majority vote of the members present of each unit shall 18 determine the vote of the unit. The assessor shall be clerk of 19 the conference board. 20 DIVISION VI 21 CHILDREN’S RESIDENTIAL FACILITIES 22 Sec. 23. Section 282.34, Code 2023, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 6. For children requiring admission to 25 a residential treatment facility, the residential treatment 26 facility shall complete and provide to the district of 27 residence the documentation necessary to seek Medicaid 28 reimbursement for eligible services. 29 DIVISION VII 30 AREA EDUCATION AGENCY BOARDS —— POSTING OF NOTICE OF PROPOSED 31 BUDGET 32 Sec. 24. Section 273.3, subsection 12, Code 2023, is amended 33 to read as follows: 34 12. Prepare an annual budget estimating income and 35 -17- LSB 1669XC (2) 90 jda/jh 17/ 25
S.F. _____ expenditures for programs and services as provided in sections 1 273.1 , 273.2 , this section , sections 273.4 through 273.8 , and 2 chapter 256B within the limits of funds provided under section 3 256B.9 and chapter 257 . The board shall post notice of a 4 public hearing on the proposed budget on the area education 5 agency’s internet site and by publication in the newspaper of 6 general circulation in the territory of the area education 7 agency in which the principal place of business of a school 8 district that is a part of the area education agency is located 9 or in the manner prescribed in section 279.36 . The notice 10 shall specify the date, which shall be not later than March 11 1 of each year, the time, and the location of the public 12 hearing. The proposed budget as approved by the board shall 13 then be submitted to the state board of education, on forms 14 provided by the department, no later than March 15 preceding 15 the next fiscal year for approval. The state board shall 16 review the proposed budget of each area education agency and 17 shall before May 1, either grant approval or return the budget 18 without approval with comments of the state board included. An 19 unapproved budget shall be resubmitted to the state board for 20 final approval not later than May 15. The state board shall 21 give final approval only to budgets submitted by area education 22 agencies accredited by the state board or that have been given 23 conditional accreditation by the state board. 24 DIVISION VIII 25 ELECTION COMMISSIONERS 26 Sec. 25. Section 47.6, subsection 2, Code 2023, is amended 27 to read as follows: 28 2. For the purpose of this section , a conflict between two 29 elections exists only when some but not all of the registered 30 voters of any precinct would be entitled to vote in one of 31 the elections and all of the registered voters of the same 32 precinct would be entitled to vote in the other election. 33 Nothing in this subsection shall deny a commissioner who is 34 responsible for conducting the election discretionary authority 35 -18- LSB 1669XC (2) 90 jda/jh 18/ 25
S.F. _____ to approve holding a special election on the same date as 1 another election, even though the two elections may be defined 2 as being in conflict, if the commissioner concludes that to do 3 so will cause no undue difficulties. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to entities supported in whole or in part 8 by public moneys, including the sale of public bonds, the 9 duties and responsibilities of the directors and officers of 10 school boards, school districts, the department of education, 11 the department of health and human services, accredited 12 nonpublic schools, charter schools, community colleges, 13 institutions under the control of the state board of regents, 14 area education agencies, election commissioners, and children’s 15 residential facilities, and the membership and voting units of 16 county and city conference boards. 17 DIVISION I —— BOND SALES. Current law provides that when 18 public bonds are offered for sale, the official in charge 19 of the bond issue shall give notice of the time and place 20 of sale, the amount to be offered for sale, and any further 21 information which the official deems pertinent by publishing 22 an advertisement in a newspaper. The division modifies this 23 provision to require the official in charge of the bond issue 24 to give notice of the sale by publishing the time and place of 25 sale, the amount to be offered for sale, and any additional 26 information the official deems pertinent to the bond issue in 27 at least one electronic or written publication with nationwide 28 circulation that is recognized for providing information 29 regarding the sale of public bonds or in a newspaper located in 30 the county or a county contiguous to the place of sale. 31 Code section 75.14 provides that, notwithstanding contrary 32 provisions of Code chapter 75 (authorization and sale of public 33 bonds), a public body authorized to issue bonds or other 34 obligations may elect to receive bids to purchase such bonds 35 -19- LSB 1669XC (2) 90 jda/jh 19/ 25
S.F. _____ or other obligations by means of electronic communication, a 1 proprietary bidding procedure, or by facsimile transmission 2 to a location deemed appropriate by the governing body. The 3 division adds a reference to Code section 75.3 (sealed and open 4 bids) to the notwithstanding provision. 5 DIVISION II —— SCHOOL BOARD AND OFFICERS —— DUTIES AND 6 RESPONSIBILITIES. Current law provides that individuals who 7 either have a master’s degree or are making annual progress 8 toward meeting the requirements for a teacher librarian 9 endorsement issued by the board of educational examiners are 10 considered to be in compliance with rules associated with 11 media specialists or librarians. The division strikes these 12 provisions. 13 Code section 279.6 provides a process to fill vacancies 14 occurring among the members of a school board. This process 15 requires, among other things, the publication in a newspaper of 16 notice stating that the board intends to fill the vacancy by 17 appointment. The division authorizes notice to be provided by 18 publication on the board’s internet site as well. 19 The division strikes a provision requiring school boards to 20 have rules regulating the loading and unloading of pupils from 21 a school bus stopped on the highway during inclement weather. 22 The division authorizes the board of directors of a 23 school district and the superintendent, in certain specified 24 circumstances, to use electronic signatures and electronic 25 contracts pursuant to Code chapter 554D (electronic 26 transactions) and facsimile signatures when entering into 27 contracts to hire support personnel. 28 Currently, school districts are prohibited from charging 29 employees for the cost of registry checks. The bill provides 30 that a school district may charge an employee for the cost 31 of the registry checks, not to exceed the actual cost. The 32 division strikes obsolete language relating to school employee 33 registry checks. 34 Current law requires the board of directors of each public 35 -20- LSB 1669XC (2) 90 jda/jh 20/ 25
S.F. _____ school district to administer the pledge of allegiance in 1 grades 1 through 12 each school day. The division modifies 2 this provision to require each public school district to 3 administer the pledge of allegiance in grades 1 through 12 each 4 school day. 5 The division authorizes the president of the board of 6 directors of a school district, or the president’s designee, to 7 enter into original contracts or electronic contracts pursuant 8 to chapter 554D and sign, using an original, facsimile, or 9 electronic signature, all school district payments drawn and 10 authorize electronic funds transfers as provided by law. 11 Current law requires the secretary and treasurer of a 12 school district to execute to the school corporation a surety 13 bond in an amount sufficient to cover current operations as 14 determined by the board. Current law also requires the oath 15 required of civil officers to be endorsed upon the bond. The 16 division strikes the requirement that the oath required of 17 civil officers be endorsed upon the bond. 18 DIVISION III —— RESPONSIBILITIES AND REQUIREMENTS RELATING 19 TO HEALTH. The division strikes requirements that school 20 districts, community colleges, and institutions under the 21 control of the state board of regents conduct an evaluation 22 and assessment regarding implementation of an environmentally 23 preferable cleaning policy and, unless the school districts, 24 community colleges, or institutions under the control of the 25 state board of regents opt out of compliance, to purchase only 26 cleaning and maintenance products identified by the department 27 of administrative services as being environmentally preferable 28 or that meet nationally recognized standards. 29 The division strikes the requirement that each school 30 work toward a goal of having one school nurse for every 750 31 students, and instead authorizes a school district to have a 32 school nurse to provide health care to students. 33 The division strikes a provision requiring that every 34 parent or guardian of a child registered for kindergarten or 35 -21- LSB 1669XC (2) 90 jda/jh 21/ 25
S.F. _____ preschool be provided with a student vision card provided by 1 the Iowa optometric association and approved by the department 2 of education with a goal of every child receiving an eye 3 examination by age seven. 4 The division requires the department of education to 5 convene and provide administrative support to a health 6 care-related training for school personnel group. The bill 7 requires the group to review and develop a plan to ensure 8 that Iowa educators have the health care training necessary 9 to perform their duties and to submit recommendations for 10 delivery and implementation of training required under state 11 law or rule. The bill specifies the members the group shall 12 include. The bill requires the group to submit its findings 13 and recommendations in a report to the general assembly, the 14 governor, and the state board of education by December 1, 2023. 15 DIVISION IV —— STATEWIDE SCHOOL INFRASTRUCTURE FUNDING. 16 Current law provides that if a school district is located in 17 a county which has imposed a local sales and services tax for 18 school infrastructure purposes prior to July 1, 2008, the board 19 of directors of a school district is required to take action 20 to adopt or amend a revenue purpose statement specifying the 21 specific purposes for which the revenues received from the 22 secure an advanced vision for education fund will be expended 23 before expending or anticipating revenues to be received after 24 the unextended term of the tax unless the school district 25 elects to adopt a revenue purpose statement. The division 26 strikes this provision. 27 The division requires a school district affected by a 28 reorganization that has issued bonds under Code section 423E.5 29 (school infrastructure funding formula bonding) or 423F.4 30 (borrowing authority for school districts) and that has not 31 approved a revenue purpose statement to first use revenues to 32 make timely and sufficient payment of principal and interest 33 and premium, if applicable, on the outstanding bonds. 34 The division modifies the definition of “school 35 -22- LSB 1669XC (2) 90 jda/jh 22/ 25
S.F. _____ infrastructure” for purposes of Code chapter 423F (statewide 1 school infrastructure funding) to mean those activities 2 for which a school district is authorized to contract 3 indebtedness and issue general obligation bonds under Code 4 section 296.1 (indebtedness of school corporations), except 5 those activities related to a teacher’s or superintendent’s 6 home or homes. The division also modifies the definition 7 of “school infrastructure” for purposes of Code chapter 8 423F to include the construction, reconstruction, repair, 9 demolition work, purchasing, or remodeling of schoolhouses, 10 stadiums, gymnasiums, fieldhouses, and school bus garages, the 11 procurement of schoolhouse construction sites, the making of 12 site improvements, those activities for which other specified 13 revenues may be spent, joint infrastructure projects with one 14 or more school districts or one or more school districts and 15 a community college, for which buildings or facilities are 16 constructed or leased for the purpose of offering classes under 17 a district-to-community college sharing agreement or concurrent 18 enrollment program. Additionally, the division modifies the 19 definition of “school infrastructure” for purposes of Code 20 chapter 423F to remove requirements related to the adoption of 21 a revenue purpose statement that is subject to the approval of 22 the electors. 23 Current law provides that bonds issued under Code chapter 24 423F on or after July 1, 2019, shall not be sold at a public 25 or private sale without notice and hearing. Current law 26 also provides that notice of the sale shall be published in 27 a newspaper. The bill provides that this provision does not 28 apply to the refinancing of bonds. 29 The division provides that the repeal of Code section 423E.5 30 (bonding) shall not affect the validity of any previously 31 issued bonds or other evidences of indebtedness. Code chapter 32 423E sunsets on June 30, 2023. 33 The division authorizes the board of directors of a school 34 district to issue negotiable, interest-bearing school bonds, 35 -23- LSB 1669XC (2) 90 jda/jh 23/ 25
S.F. _____ without election, and utilize tax receipts derived from the 1 secure an advanced vision for education fund for principal and 2 interest repayment pursuant to standards established in the 3 division. 4 The division authorizes school districts to enter into an 5 agreement pursuant to chapter 28E with one or more cities, 6 school districts, community colleges, and certain specified 7 counties and area education agencies. The division also 8 establishes how revenues from such agreements may be expended. 9 DIVISION V —— COUNTY CONFERENCE BOARD. Current law provides 10 that each county and each city having an assessor shall have a 11 conference board. Current law also provides that in counties, 12 the conference board shall consist of the mayors of all 13 incorporated cities in the county whose property is assessed 14 by the county assessor, one representative from the board of 15 directors of each high school district of the county, who is a 16 resident of the county, said board of directors appointing said 17 representative for a one-year term and notifying the clerk of 18 the conference board as to their representative, and members of 19 the board of supervisors. The division modifies this provision 20 to require that the conference board consist of the mayors 21 or a designated member of a city council. The division also 22 modifies this provision by replacing references to high school 23 districts with references to school districts containing a high 24 school. 25 The division strikes the requirement that the board of 26 directors of a high school district appoint a representative 27 for a one-year term and notify the clerk of the conference 28 board as to the identity of the representative. 29 The division provides that, in any action taken by the 30 conference board, if a city or a county contains only one 31 school district containing a high school, the members of or 32 the representative of the board of directors of the school 33 district, as applicable, shall constitute one voting unit. 34 DIVISION VI —— CHILDREN’S RESIDENTIAL CARE FACILITIES. The 35 -24- LSB 1669XC (2) 90 jda/jh 24/ 25
S.F. _____ division provides that, for children requiring admission to 1 a residential treatment facility, the residential treatment 2 facility shall complete and provide to the child’s school 3 district of residence the documentation necessary to seek 4 Medicaid reimbursement for eligible services. 5 DIVISION VII —— AREA EDUCATION AGENCY BOARDS —— POSTING OF 6 NOTICE ON PROPOSED BUDGET. Current law requires area education 7 agency (AEA) boards to give notice of a public hearing on the 8 AEA’s proposed budget by publication on the AEA’s internet 9 site and by publication in a newspaper. The division strikes 10 the requirement that notice be published in a newspaper. The 11 division authorizes AEA boards to provide notice of a public 12 hearing on the AEA’s proposed budget by publication on the 13 AEA’s internet site or in accordance with Code section 279.36 14 (publication in a newspaper). 15 DIVISION VIII —— ELECTION COMMISSIONERS. The division 16 provides that, for purposes of special elections, nothing 17 shall deny a commissioner who is responsible for conducting 18 the election the discretionary authority to approve holding a 19 special election on the same date as another election, even 20 though the two elections may be defined as being in conflict, 21 if the commissioner concludes that to do so will cause no undue 22 difficulties. 23 -25- LSB 1669XC (2) 90 jda/jh 25/ 25
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