Bill Text: IA SF438 | 2019-2020 | 88th General Assembly | Amended


Bill Title: A bill for an act relating to the responsibilities and authority of school districts or school corporations, accredited nonpublic schools, area education agencies, community colleges, and board of regents institutions, and including effective date provisions. (Formerly SSB 1190.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2020-03-10 - Subcommittee recommends amendment and passage. [SF438 Detail]

Download: Iowa-2019-SF438-Amended.html
Senate File 438 - Reprinted SENATE FILE 438 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 1190) (As Amended and Passed by the Senate March 20, 2019 ) A BILL FOR An Act relating to the responsibilities and authority of school 1 districts or school corporations, accredited nonpublic 2 schools, area education agencies, community colleges, and 3 board of regents institutions, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 SF 438 (3) 88 kh/jh/mb
S.F. 438 DIVISION I 1 RESPONSIBILITIES AND REQUIREMENTS RELATING TO HEALTH 2 Section 1. Section 8A.318, subsections 1 and 3, Code 2019, 3 are amended to read as follows: 4 1. Findings and intent. The general assembly finds that 5 human beings are vulnerable to and may be severely affected by 6 exposure to chemicals, hazardous waste, and other environmental 7 hazards. The federal environmental protection agency estimates 8 that human exposure to indoor air pollutants can be two to 9 five times, and up to one hundred times, higher than outdoor 10 levels. Children, teachers, janitors, and other staff members 11 spend a significant amount of time inside school buildings. 12 Likewise, state State employees and citizens of this state 13 spend a significant amount of time inside state buildings. 14 These individuals are continuously exposed to chemicals from 15 cleaners, waxes, deodorizers, and other maintenance products. 16 3. Use of environmentally preferable cleaning and maintenance 17 products. 18 a. All school districts in this state, community colleges, 19 institutions under the control of the state board of regents, 20 and state agencies utilizing state buildings , are encouraged 21 to conform to an environmentally preferable cleaning policy 22 designed to facilitate the purchase and use of environmentally 23 preferable cleaning and maintenance products for purposes of 24 public school, community college, regents institution, and 25 state building cleaning and maintenance. 26 b. Each school district, community college, institution 27 under the control of the state board of regents, or state 28 agency utilizing public buildings shall conduct an evaluation 29 and assessment regarding implementation of an environmentally 30 preferable cleaning policy pursuant to this section . On or 31 after July 1, 2012, all All state agencies , and all school 32 districts, community colleges, and institutions under the 33 control of the state board of regents which have not opted 34 out of compliance pursuant to paragraph “c” , shall purchase 35 -1- SF 438 (3) 88 kh/jh/mb 1/ 11
S.F. 438 only cleaning and maintenance products identified by the 1 department or that meet nationally recognized standards. 2 School districts, community colleges, institutions under the 3 control of the state board of regents, and state State agencies 4 procuring supplies for schools and state buildings may deplete 5 their existing cleaning and maintenance supply stocks and 6 implement the new requirements in the procurement cycle for 7 the following year. This section shall not be interpreted 8 in a manner that prohibits the use of disinfectants, 9 disinfecting cleaners, sanitizers, or any other antimicrobial 10 product regulated by the federal Insecticide, Fungicide, 11 and Rodenticide Act, 7 U.S.C. §136 et seq., when necessary 12 to protect public health and provided that the use of these 13 products is in accordance with responsible cleaning procedure 14 requirements. 15 c. A school district, community college, or institution 16 under the control of the state board of regents may, based upon 17 the evaluation and assessment conducted pursuant to paragraph 18 “b” , opt out of compliance with the requirements of this section 19 upon the affirmative vote of a majority of the members of the 20 board of directors of the school district or a determination by 21 the president of the community college or by the president or 22 administrative officer of the regents institution. A school 23 district, community college, or regents institution opting 24 out of compliance pursuant to this paragraph shall notify the 25 department of education, the state board of education, or the 26 state board of regents, as appropriate, of this decision. 27 Sec. 2. Section 135.11, Code 2019, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 30. Collect and maintain information 30 submitted relating to dental screenings in accordance with 31 section 135.17, subsection 1, paragraph “b” , vision screenings 32 in accordance with section 135.39D, subsection 1, and blood 33 lead testing in accordance with section 135.105D, subsection 2, 34 paragraph “a” . Upon request of a school district or accredited 35 -2- SF 438 (3) 88 kh/jh/mb 2/ 11
S.F. 438 nonpublic school, and if the parent or guardian of a student 1 provides written consent authorizing the department to send 2 such information collected on the student pursuant to this 3 subsection, the department shall provide to the school district 4 or accredited nonpublic school a list of children enrolled 5 in the school district or accredited nonpublic school, as 6 appropriate, who have had dental and vision screenings and 7 blood lead testing. 8 Sec. 3. Section 135.17, subsection 1, paragraphs a and b, 9 Code 2019, are amended to read as follows: 10 a. Except as provided in paragraphs “c” and “d” , the parent 11 or guardian of a child enrolled in a public or accredited 12 nonpublic elementary school shall provide evidence to the 13 school district or accredited nonpublic elementary school in 14 which the child is enrolled of ensure that the child having 15 has , no earlier than three years of age but no later than four 16 months after enrollment, at a minimum, a dental screening 17 performed by a licensed physician, a licensed nurse, a licensed 18 physician assistant, or a licensed dental hygienist or dentist. 19 Except as provided in paragraphs “c” and “d” , the parent 20 or guardian of a child enrolled in a public or accredited 21 nonpublic high school shall provide evidence to the school 22 district or accredited nonpublic high school in which the child 23 is enrolled of ensure that the child having has , at a minimum, 24 a dental screening performed no earlier than one year prior 25 to enrollment and not later than four months after enrollment 26 by a licensed dental hygienist or dentist. A school district 27 or accredited nonpublic school shall may provide access to a 28 process to complete the screenings described in this paragraph 29 as appropriate. 30 b. A person authorized to perform a dental screening 31 required by this section shall record that the screening was 32 completed, and such additional information required by the 33 department, on uniform forms developed by the department in 34 cooperation with the department of education , and shall submit 35 -3- SF 438 (3) 88 kh/jh/mb 3/ 11
S.F. 438 the completed form to the department of public health in 1 written or electronic form . The form shall include a space for 2 the person to summarize any condition that may indicate a need 3 for special services. 4 Sec. 4. Section 135.17, subsection 2, Code 2019, is amended 5 to read as follows: 6 2. Each public and nonpublic school shall, in collaboration 7 with the department, do the following: 8 a. Ensure ensure that the parent or guardian of a student 9 enrolled in kindergarten or grade nine in the school has 10 complied with received information about the dental screening 11 requirements of subsection 1 and about any resources available 12 to satisfy the requirements . 13 b. Provide, if a student has not had a dental screening 14 performed in accordance with subsection 1 , the parent or 15 guardian of the student with community dental screening 16 referral resources, including contact information for the 17 i-smile coordinator, department, or dental society. 18 Sec. 5. Section 135.17, subsection 3, Code 2019, is amended 19 by striking the subsection. 20 Sec. 6. Section 135.39D, subsections 1 and 5, Code 2019, are 21 amended to read as follows: 22 1. The parent or guardian of a child to be enrolled in a 23 public or accredited nonpublic elementary school shall ensure 24 that the child is screened for vision impairment at least once 25 before enrollment in kindergarten and again before enrollment 26 in grade three. The parent or guardian of the child shall 27 ensure that evidence of the vision screening is provided to the 28 school district or accredited nonpublic school in which the 29 child is enrolled. Evidence of the vision screening may shall 30 be provided either directly from the parent or guardian or from 31 to the department in either written or electronic form by a 32 vision screening provider referred to in subsection 2 , and may 33 be provided in either written or electronic form . 34 5. Each public and accredited nonpublic elementary school 35 -4- SF 438 (3) 88 kh/jh/mb 4/ 11
S.F. 438 shall, in collaboration with the department, do the following: 1 a. Provide provide the parents or guardians of students with 2 vision screening referral resources. 3 b. Arrange for evidence of vision screenings provided 4 pursuant to subsection 1 to be forwarded to the department. 5 Sec. 7. Section 135.102, subsection 7, Code 2019, is amended 6 to read as follows: 7 7. Implementation of a requirement that requirements 8 established under section 135.105D relating to blood lead 9 testing of children receive a blood lead test prior to the age 10 of six and before enrolling in any elementary school in Iowa in 11 accordance with section 135.105D . 12 Sec. 8. Section 135.105D, subsection 2, paragraphs a and b, 13 Code 2019, are amended to read as follows: 14 a. A parent or guardian of a child under the age of two 15 is strongly encouraged to have the child tested for elevated 16 blood lead levels by the age of two. Except as provided in 17 paragraph “b” and subsection 4 , a parent or guardian shall 18 provide evidence to the school district elementary attendance 19 center or the accredited nonpublic elementary school in which 20 the parent’s or guardian’s child is enrolled ensure that the 21 child was tested for elevated blood lead levels by the age of 22 six according to recommendations provided by the department. 23 The provider authorized by the parent or guardian to test the 24 child for elevated blood lead levels shall record that the 25 testing was completed, and such additional information required 26 by the department on uniform forms developed by the department 27 in cooperation with the department of education, and shall 28 submit the completed form to the department of public health in 29 written or electronic form. The form shall include a space for 30 the person to summarize any condition that may indicate a need 31 for special services. 32 b. The board of directors of each school district and 33 the authorities in charge of each nonpublic school shall, in 34 collaboration with the department, do the following: 35 -5- SF 438 (3) 88 kh/jh/mb 5/ 11
S.F. 438 (1) Ensure ensure that the parent or guardian of a student 1 enrolled in the school has complied with the requirements of 2 paragraph “a” . 3 (2) Provide, if the parent or guardian cannot provide 4 evidence that the child received a blood lead test in 5 accordance with paragraph “a” , the parent or guardian with 6 received community blood lead testing program information, 7 including contact information for the department. 8 Sec. 9. Section 135.105D, subsection 3, Code 2019, is 9 amended to read as follows: 10 3. The board of directors of each school district and the 11 authorities in charge of each nonpublic school shall furnish 12 the department, in the format specified by the department, 13 within sixty days after the start of the school calendar, a 14 list of the children enrolled in kindergarten. The department 15 shall notify the school districts and nonpublic schools of the 16 children who have not met the blood lead testing requirements 17 set forth in this section and shall work with the school 18 districts, nonpublic schools, and the local childhood lead 19 poisoning prevention programs to assure that these children are 20 tested as required by in accordance with this section . 21 Sec. 10. Section 256.11, subsection 9B, Code 2019, is 22 amended to read as follows: 23 9B. Beginning July 1, 2007, each A school district shall 24 have a school nurse to provide health services to its students. 25 Each school district shall work toward the goal of having one 26 school nurse for every seven hundred fifty students enrolled in 27 the school district. For purposes of this subsection , “school 28 nurse” means a person who holds an endorsement or a statement of 29 professional recognition for school nurses issued by the board 30 of educational examiners under chapter 272 . 31 Sec. 11. Section 280.7A, subsection 1, Code 2019, is amended 32 by striking the subsection. 33 Sec. 12. Section 299.4, subsection 1, Code 2019, is amended 34 to read as follows: 35 -6- SF 438 (3) 88 kh/jh/mb 6/ 11
S.F. 438 1. The parent, guardian, or legal custodian of a child 1 who is of compulsory attendance age, who places the child 2 under competent private instruction under section 299A.2 , not 3 in an accredited school or a home school assistance program 4 operated by a school district or accredited nonpublic school, 5 shall furnish a report in duplicate on forms provided by the 6 public school district, to the district by September 1 of the 7 school year in which the child will be under competent private 8 instruction. The secretary shall retain and file one copy 9 and forward the other copy to the district’s area education 10 agency. The report shall state the name and age of the child, 11 the period of time during which the child has been or will be 12 under competent private instruction for the year, an outline 13 of the course of study, texts used, and the name and address 14 of the instructor. The parent, guardian, or legal custodian 15 of a child, who is placing the child under competent private 16 instruction for the first time, shall also provide the district 17 with evidence that the child has had the immunizations required 18 under section 139A.8 , and, if the child is elementary school 19 age, a shall ensure that the child was tested for elevated 20 blood lead test levels in accordance with section 135.105D . 21 The term “outline of course of study” shall include subjects 22 covered, lesson plans, and time spent on the areas of study. 23 Sec. 13. EFFECTIVE DATE. The following take effect July 1, 24 2020: 25 1. The section of this division of this Act striking section 26 135.17, subsection 3. 27 2. The section of this division of this Act amending section 28 135.39D, subsections 1 and 5. 29 3. The section of this division of this Act amending section 30 135.105D, subsection 2, paragraphs “a” and “b”. 31 4. The section of this division of this Act amending section 32 135.105D, subsection 3. 33 DIVISION II 34 AREA EDUCATION AGENCY BOARDS —— POSTING OF NOTICE OF PROPOSED 35 -7- SF 438 (3) 88 kh/jh/mb 7/ 11
S.F. 438 BUDGET 1 Sec. 14. Section 273.3, subsection 12, Code 2019, is amended 2 to read as follows: 3 12. Prepare an annual budget estimating income and 4 expenditures for programs and services as provided in sections 5 273.1 , 273.2 , this section , sections 273.4 to 273.9 , and 6 chapter 256B within the limits of funds provided under section 7 256B.9 and chapter 257 . The board shall give post notice 8 of a public hearing on the proposed budget by publication in 9 an official county newspaper in each county in the territory 10 of the area education agency in which the principal place 11 of business of a school district that is a part of the area 12 education agency is located on the area education agency’s 13 internet site . The notice shall specify the date, which 14 shall be not later than March 1 of each year, the time, and 15 the location of the public hearing. The proposed budget as 16 approved by the board shall then be submitted to the state 17 board of education, on forms provided by the department, 18 no later than March 15 preceding the next fiscal year for 19 approval. The state board shall review the proposed budget of 20 each area education agency and shall before May 1, either grant 21 approval or return the budget without approval with comments 22 of the state board included. An unapproved budget shall be 23 resubmitted to the state board for final approval not later 24 than May 15. The state board shall give final approval only to 25 budgets submitted by area education agencies accredited by the 26 state board or that have been given conditional accreditation 27 by the state board. 28 DIVISION III 29 SCHOOL DISTRICTS —— MISCELLANEOUS PROVISIONS 30 Sec. 15. Section 256.11, subsection 9, Code 2019, is amended 31 to read as follows: 32 9. Beginning July 1, 2006, each A school district shall 33 have a qualified teacher librarian who shall be licensed by the 34 board of educational examiners under chapter 272 . The state 35 -8- SF 438 (3) 88 kh/jh/mb 8/ 11
S.F. 438 board shall establish in rule a definition of and standards for 1 an articulated sequential kindergarten through grade twelve 2 media program. A school district that entered into a contract 3 with an individual for employment as a media specialist or 4 librarian prior to June 1, 2006, shall be considered to be 5 in compliance with this subsection until June 30, 2011, if 6 the individual is making annual progress toward meeting the 7 requirements for a teacher librarian endorsement issued by the 8 board of educational examiners under chapter 272 . A school 9 district that entered into a contract with an individual for 10 employment as a media specialist or librarian who holds at 11 least a master’s degree in library and information studies 12 shall be considered to be in compliance with this subsection 13 until the individual leaves the employ of the school district. 14 Sec. 16. Section 279.8, subsection 1, Code 2019, is amended 15 to read as follows: 16 1. The board shall make rules for its own government and 17 that of the directors, officers, employees, teachers and 18 pupils, and for the care of the schoolhouse, grounds, and 19 property of the school corporation, and shall aid in the 20 enforcement of the rules, and require the performance of duties 21 imposed by law and the rules. The board shall include in its 22 rules provisions regulating the loading and unloading of pupils 23 from a school bus stopped on the highway during a period of 24 reduced highway visibility caused by fog, snow or other weather 25 conditions. The board shall have the authority to include in 26 its rules provisions allowing school corporation employees to 27 use school credit cards to pay for the actual and necessary 28 expenses incurred in the performance of work-related duties. 29 Sec. 17. Section 279.41, Code 2019, is amended to read as 30 follows: 31 279.41 Schoolhouses and sites sold —— funds. 32 1. Moneys received from the condemnation, sale, or other 33 disposition for public purposes of schoolhouses, school sites, 34 or both schoolhouses and school sites, shall be deposited in 35 -9- SF 438 (3) 88 kh/jh/mb 9/ 11
S.F. 438 the physical plant and equipment levy fund and may without a 1 vote of the electorate be used for purposes authorized under 2 section 298.3 , as ordered by the board of directors of the 3 school district corporation . 4 2. Notwithstanding subsection 1, the board of directors of a 5 school corporation organized under chapter 274 may take action 6 to deposit moneys received pursuant to subsection 1 in any 7 proposed account of the school corporation. However, the board 8 shall hold a public hearing on the proposal prior to taking 9 action to deposit the funds in accordance with this subsection. 10 The board shall publish notice of the time and the place of the 11 public hearing in the same manner as required in section 24.9. 12 Sec. 18. Section 279.48, subsection 3, Code 2019, is amended 13 by striking the subsection. 14 Sec. 19. Section 279.60, subsection 2, Code 2019, is amended 15 to read as follows: 16 2. The school district shall also collect information from 17 each parent, guardian, or legal custodian of a kindergarten 18 student enrolled in the district , including but not limited 19 to about whether the student attended preschool , factors 20 identified by the early childhood Iowa office pursuant 21 to section 256I.5 , and other demographic factors . Each 22 school district shall report the results of the community 23 strategies employed during the prior school year pursuant to 24 section 279.68, subsection 3 , paragraph “a” , the assessment 25 administered pursuant to subsection 1 , and the preschool 26 information collected to the department of education in the 27 manner prescribed by the department not later than January 28 1 of that school year. The early childhood Iowa office in 29 the department of management shall have access to the raw 30 data. The department shall review the information submitted 31 pursuant to this section and shall submit its findings and 32 recommendations annually in a report to the governor, the 33 general assembly, the early childhood Iowa state board, and the 34 early childhood Iowa area boards. 35 -10- SF 438 (3) 88 kh/jh/mb 10/ 11
S.F. 438 Sec. 20. Section 279.69, subsection 1, Code 2019, 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. 21. REPEAL. Section 279.44, Code 2019, is repealed. 23 -11- SF 438 (3) 88 kh/jh/mb 11/ 11
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