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Capitol Update - March 23, 2023

UEN Legislative Update
March 24, 2023

Download the Printable Version of the 3/24/2023 UEN Update Report

This UEN Weekly Report from the 2023 Legislative Session includes:

  • SF 496 Governor’s Transparency/Parents’ Rights Approved in the Senate
  • HF 604 Discipline Policy and Complaints Approved by the House
  • Governor Signs the Bathroom Bill – Effective Immediately
  • Update on SF 251 Administrator Expenditure Limitation
  • Significant Bills Awaiting Action
  • Other Bills Approved by a Chamber
  • Committee and Subcommittee Action
  • Advocacy Action: Advocacy to improve a few bills.
  • Links to Advocacy Resources
  • Members of Important Committees

 

SF 496 Governor’s Transparency/Parents’ Rights Approved in the Senate: the Senate amended the Governor’s bill this week, passed it on party lines, 34:16, sending it to the House. The amendments improve the bill, but it’s not yet in a place where UEN can support it. The requirements follow:

  • Removes gender identity and sexual activity instruction from PK-6. Requires age-appropriate materials (defined below). The language specifically excludes private schools from these requirements.
  • Deletes HIV and HPV/Vaccine from K-12 health curriculum (still requires instruction on STDs in grades 7-12).
  • Requires districts to have a K-12 library program, consistent with educational standards, with age-appropriate materials, and supports student achievement goals.
  • If a DE investigation determines the district or an employee has violated these provisions, after Jan. 1, 2024, specifies these consequences:
    • First violation results in a written warning to the school board or employee
    • Second violation, if DE finds the district knowingly violated the requirements, subjects the Superintendent to a BOEE ethics investigation
    • Second violation, if pertains to a licensed employee which knowingly violated the requirements, subjects that employee to BOEE ethics investigation
    • BOEE investigations could lead to disciplinary action.
  • Requires high-stakes Civics Test: assessment must be given in US Government class. District may modify if student has an IEP. Student must score 70% to graduate and can take it as many times as necessary. Districts and private schools must report scores to DE by June 30 annually. Note: there is no phase-in for this requirement. It is effective for graduations after July 1, 2023. Advocacy actions below include asking House members to remove the high-stakes nature of this test so it is not a requirement for graduation. If they insist, ask for it to first apply to the freshman class of 2023-24, giving schools time to implement and students time to successfully master the content.
  • Defines “Age-Appropriate” to mean topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. “Age-appropriate” does not include any material with descriptions or visual depictions of a sex act as defined in section 702.17. Excludes human growth and development grades 7-12 (sex education classes). Requires research-based content and defines “research-based” according to Iowa Code 279.50, which includes the requirement that information is verified or supported by the weight of research conducted in compliance with accepted scientific methods. . . and is free of racial, ethnic, sexual orientation and gender biases.
  • Defines Human growth and development content in grades 1-6 must be age appropriate
  • Prohibits schools from a formal examination or survey of a student-designed to assess the students’ mental, emotional or physical health that is not required by state or federal law without first getting written parent consent.
  • Requires written notice to parents, at least 7 days prior, to  administering an exam or survey required by state or federal law. Requires the notice to include a copy of the survey or link to where the parent can access it. Does not apply to vision or hearing exams.
  • Requires schools (and charter schools) to publish information related to the current school year on the district’s website:
    • List of all people/contractors paid by the district for purposes of facilitating student activities or providing instruction to students.
    • A detailed explanation of the procedures or policies in effect for the parent of a student enrolled in the school district to request removal of a book, article, outline, handout, video or other education material available to students in the classroom or library.
    • A detailed explanation of procedures or policies to request review of decisions made by the school board including the petition process for a public hearing.
  • Requires each school board to adopt a policy describing procedures for the parent or guardian of an enrolled student to review the instructional materials used in the students’ classroom.
  • Defines “instructional materials” as either printed or electronic textbooks and related core materials written primarily for use in elementary and secondary school instruction and required by the state or school district for use by students in the student’s classes by the teacher of record. Does not include lesson plans.
  • Each district must make available to parents a comprehensive list of all books available to students in libraries operated by the school district via a link to an E-catalog. District may request waiver up until 7-1-2025.
  • Specifies parents’ rights.
    • Requires district to immediately notify the parents if any employee reasonably believes a student has expressed a gender ID different from biological sex on their birth certificate. Requires notice to DHS if the district determines, based on actual threats, that notification to the parent would result in serious harm to the student.
    • Gives parents access to all school records related to the student unless FERPA prohibits it.
    • Requires prior written consent from parents to address to student with a name different from what’s on registration records.
    • Specifies the same enforcement mechanism for violation of any of the above that applies to the library and age-appropriate regulations.
  • Requires DE to adopt rules to implement
  • Protection of student rights; requires parent written consent before requiring a student to take part in any survey, analysis, activity or evaluation that reveals personal information about the student or family and lists all of the personal info to which this applies.
  • Requires prior written notice to the parent to include detailed info about the survey, including the person who sponsors it, how info generated by it used, and how such info is stored.
  • Requires prior written parent consent for an employee to answer any questions or share student information from the survey (except when developing or implementing an IEP.)
  • Prohibits any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in K-6.
  • Allows student in homeschool (CPI) to receive special education services without approval of AEA special education director and allows homeschool parents to request special education services for their children. (Process must still follow chapter 256B and rules for 256B.)
  • States that parents have the ultimate responsibility to make decisions affecting their child. Makes exceptions for medical emergencies, child abuse assessment, court orders, and specifies that this law doesn’t allow any illegal activity.
  • Exempts this bill from Iowa Code 25B.2 (state unfunded mandate law.)

UEN is still opposed to this bill, but it’s getting better. See advocacy actions below regarding requests of House members. The bill is in the House Education Committee and must be approved by a subcommittee and the full committee in order to survive the March 31 funnel deadline.

 

HF 604 Discipline Policy and Complaints Approved in the House: was approved by the House this week, 89:6. Here are the details applying to school districts and charter schools with UEN comments in italics:

  • Requires the state Ombudsman to investigate a complaint filed by a licensed person, regarding violence in the classroom or on school property. Requires Ombudsman to: 1) report the results of the investigation to the DE and BOEE and 2) keep the complainant confidential.
  • Requires the DE to develop and distribute to school districts the list of all professional development and other training that school employees are required to participate in, required by state or federal law, including chapter 284. Defines professional development the same as defined in 272.1 (““Professional development program” means a course or program which is offered by a person or agency for the purpose of providing continuing education for the renewal or upgrading of a practitioner’s license.” We don’t believe this is the correct cross reference since most CEU coursework is individually determined by educators.) Requires school districts to notify employees required to participate in Professional Development, including those things on the above list and Code references or rules adopted by the State BOE or BOEE.
  • Requires classroom teachers to report any incident of violence that results in injury, property damage or assault by a student to the principal or lead administrator within 24 hours. Requires the principal or lead administrator to notify the parent of the student who engaged in the violent act within 24 hours of the report.
  • Allows teachers to notify the parents of a student if the teacher witnessed the student suffer an incident of violence that resulted in injury, property damage or assault.
  • Prohibits the district from retaliation including notifying the ombudsman or any public official or law enforcement if they reasonably believe 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. Defines disciplinary action (termination, financial loss, failure to advance or promote, or written reprimand, etc.)
  • Regarding removal of disruptive students from classrooms, requires the school board to adopt a policy that describes when a teacher can remove a disruptive student. (This should be limited to the issue of removal from the classroom due to incidence of violence.) Policy must provide for escalating levels of discipline and is required to include:
    • Teacher may remove student under the supervision of an SRO or administrator.
    • First instance in a semester, the district is required to facilitate a counseling session between the student and a school counselor, place the student in a one-day in-school suspension after the counseling session (this requirement is too prescriptive and would not allow the local policy to control for lack of capacity or alternative interventions that might be more beneficial for the student.)
    • Second instance in a semester, facilitate a counseling session and place the student in 5 day in-school suspension (same as above.)
    • Third time in a semester, the district may permanently remove the student from the teacher’s class, and school district shall consider placing the student in an alternative learning environment including a therapeutic classroom (therapeutic classroom space may not be available.)
  • Requires districts and AEAs to provide to all teachers, copy of Iowa Code 280.21 on initial hire and with each notice of contract renewal.

UEN is still registered as opposed to this bill, but we are hopeful we can work with stakeholders and policymakers to improve the bill to where we can support it.

 

SF 482 Governor Signs the Bathroom Bill - Effective Immediately: Gov. Reynolds signed SF 482 on March 22. The bill is effective on enactment, which means immediately. The bill does the following:

  • Amends Iowa Civil Right Code to state that it is not discriminatory to regulate bathroom use. That may or may not be a factor that a judge would consider if there is a legal challenge, which we expect will happen. The court could grant an injunction prohibiting implementation until a decision is made, but until that happens, the bill is the law of the land.
  • Defines “multiple occupancy restroom or changing area” as an area in a school building designed or designated to be used by more than one person at a time, in which students may be in various stages of undress in the presence of other students or persons. Includes but not limited to restroom, locker room, changing room or shower room. Defines “school” means a public school or non-public school. Defines “sex” meaning biological sex as listed on an official birth certificate issued at or near the time of birth. Specifies that a “single occupancy restroom” is for one person at a time.
  • Requires schools to designate multiple occupancy restrooms or changing areas only for and used by persons of the same sex. Prohibits a person from entering a multiple occupancy restroom or changing area, or a single occupancy restroom or changing area designated only for persons of the same sex, that does not correspond with the person’s sex.
  • Applies to any other school facility, facility used for extra-curricular activity, overnight accommodations, or any other setting where a student may be in various stages of undress in the presence of other students or persons, school personnel shall provide separate, private areas designated for use by students based on the students’ sex.
  • Accommodations: students desiring greater privacy, with written parent consent to school officials, may request access to alternative facilities. To the extent reasonable, the school official shall offer options (but cannot include an option for access to a restroom not aligned to sex at birth while students of the opposite sex are present or could be present.)
  • The Act includes list of reasonable accommodations: 1) access to a single occupancy restroom or changing area, 2) access to a unisex single-occupancy restroom or changing area by only one student at a time, and 3) controlled use of faculty multiple occupancy restroom or changing area or a single occupancy restroom or changing area.
  • Requires the district to adopt policies to accommodate disables persons or young children in need of physical assistance. Permits access for custodial or maintenance purposes when such facility is not occupied by a member of the opposite sex, or for rendering medical assistance, for safety during a natural disaster, emergency or when necessary to prevent a serious threat to student safety.
  • Allows Iowa citizens to file a complaint of a school not complying with the law, by providing written notice to the school describing the violation. If the school does not cure the violation within 3 business days, allows the citizen to file the complaint with the Iowa Attorney General. Requires the AG to investigate and allows the AG to initiate legal court action if warranted.

We will share any further guidance as it becomes available. UEN is registered opposed to this bill.

 

Update on SF 251 Limit on Admin Expenses: Thanks to everyone who reached out over the last week to encourage House Members to oppose SF 251. See the March 16 Weekly report and/or Call to Action for details. We are hearing from several advocates that Representatives have told them the bill will not move forward. That’s great news. However, keep educating your legislators about the important work of district and school administrators, student support leaders such as counselors, behaviors interventionists, school resource officers, paraprofessionals, transportation and operations staff. This entire team plus more enable teachers to spend time teaching. The language from this bill could reappear as an amendment to another bill or in an appropriations bill, so we must keep watch and keep educating policymakers so they are informed if they take on this conversation down the road.

 

Significant Bills Awaiting Action:

SF 392 Teach Iowa Scholar, BOEE Intern License, Management Levy for Teacher Recruitment and Retention. This bill is still in Senate Ways and Means. Although exempt from the funnel, it has a long way to go to get to enactment. UEN supports.

SF 390 Education Omnibus Clean-up Bill by IASB: modernizes processes, cleans up old language on SAVE and bonding, allows electronic notice, creates a task force to study mandated health trainings, and provides other flexibility options for school boards. On the Senate Calendar. UEN supports. HF 370 Companion was passed by the House 96-0.

 

Other Floor Work in the House and Senate:

SF 250 Computer Grants: allows recipients of computer science PD grants to use the money in the fiscal year of the grant through to September 30. Effective on enactment. The Senate passed the bill 50-0, sending it to the House. It is assigned to the House Education Committee. UEN supports.

SF 484 School Finance Interim Committee: requests the Legislative Council allow the School Finance Formula Review Committee to meet in 2023 to begin review work due to various funding disparities. The Senate passed the bill 50-0, sending it to the House. It is assigned to the House Education Committee. UEN supports.

HF 253 Charter School Sports: allows a student attending a charter school to participate in athletics and extra-curriculars at the student’s district of residence if the charter school does not offer the activity. Counts the student in the school enrollment and as 0.1 students for funding. Requires the state Board of Education to adopt rules to implement. The House passed the bill, 93:1, sending it to the Senate. It is assigned to the Senate Education Committee. UEN is registered in opposition.

HF 429 School Transfers within District: allows a parent to enroll their child at another school in the school district if the school board reasonably believes that another student or school employee or contractors harassed or bullied the student. Requires the parent to make a request to the school board. Authorizes the school board to adopt policies to allow the school supervisor to approve requests. Makes the requests for a period of at least a year. Requires the new school to have appropriate special education programs for the student in order to allow the transfer. Requires that students who have been suspended or expelled be reinstated before a transfer is allowed. Makes the student eligible to compete in athletics if the student transfers to another school in the district. Requires teachers to notify parents if the teacher witnesses a student being injured, harassed or bullied. The House approved the bill 95:0, sending it to the Senate. It is assigned to the Senate Education Committee. UEN is undecided.

HF 602 Your Iowa Crisis Numbers: requires public school grades 7-12 ID cards to include the Your Iowa Crisis telephone and text numbers. Allows schools that issue cards to grades 5-6 to do so as well. Applies to IDs issued after the effective date of the bill but allows schools to use existing IS card stock until that supply is exhausted. The House passed the bill 91:4, sending it to the Senate. It is assigned to the Senate Education Committee. UEN supports.

 

Committee Action This Week:

HF 256 Minimum Licensure Age: allows the BOEE to issue a license to someone as young as 18 if all criteria for licensure have been met. The bill was approved by the Senate Education Committee, so survives the funnel. Successor to HF 355. UEN is registered in support.

HF 672 Permanent Teacher License: eliminates the requirement of CEUs for licensure renewal associated with licenses issued by the BOEE to practitioners with master’s or doctoral degrees, allows districts to charge fees associated with the review of Iowa Abuse Registries, and background checks for employees of school districts, accredited non-public schools, and charter schools (Formerly HF 224.) The bill was approved by the House Ways and Means Committee. UEN is registered in support.

HF 614 Licensure for Individuals from Other States/Countries: allows individuals to qualify for an Iowa teaching license without requiring a license from the prior jurisdiction, as long as they can document completion of the coursework and steps necessary to obtain that license. The bill was approved by the Senate Education Committee, so survives the funnel. UEN supports.

 

Subcommittee Action This Week:

SF 246 Dropout Prevention Equity: gradually increases the DoP capacity from the minimum of 2.5%, increasing by half a percent annually, until all districts are at the full 5% cap. The bill was approved unanimously by a subcommittee of the Senate Ways and Means Committee. Since it’s a Ways and Means bill, it is exempt from funnel deadlines. UEN is registered in support.  

 

New Bills Introduced:

SSB 1208 Education Tax Credits by Dawson: Excludes any amounts paid from an Education Savings Account from eligibility for the Tuition & Textbook Tax Credit. Reduces the Tuition & Textbook Tax Credit cap to $17 million in 2024 and $14 million in 2025. Requires eligible school organizations to certify that tuition grants do not exceed amounts paid by parents for tuition. Makes additional changes to HF 68 School Choice: Requires unused amounts in an ESA to be used by the student in consecutive future years and transfers the money to the state if the student does not participate in the program in the next year. Requires a private school to notify the DE if a student with an ESA withdraws or is expelled and requires the DE to stop disbursements and transfer the remaining funds to the state. Strikes requirements for school districts to make texts available to non-public school students. UEN is registered in support. We would advocate to return the ESA funds to the public school if the student reenrolls in the public school rather than to the state, but this bill is a good start to implementing HF 68 more fairly.

 

Advocacy Actions This Week:

  • Keep talking about Preschool and Poverty:
    • HF 297 PK Weighting: did not get out of House Education Committee, so it’s technically dead for this year, but could be included in an appropriations bill and will remain alive for the 2024 Session. This bill would provide a 1.0 weighting for 4-year-olds in PK from families below 200% of the federal poverty level. Don’t give up. Talk with your House members about the return on investment of quality PK, improved outcomes for students, parents able to join the workforce which helps employers and may free up childcare slots currently in short supply, and saves taxpayers money down the road (less special education, more high school graduation, more productive and less dependent adulthood). Find the UEN Issue Brief linked here: https://www.uen-ia.org/system/files/Public/IssueBriefs/UEN%20Issue%20Brief%20Preschool%202023.docx
    • HF 477 Poverty Study: this bill was introduced too late to have a subcommittee meeting before the funnel deadline. It has bi-partisan sponsorship (Reps. Siegrist, Mattson and Sorenson). The bill reintroduces the conversation that started with the 2019 Interim School Finance Committee, which received unanimous bi-partisan support at that time, to have Iowa study what other states do to meet the needs of students from low-income families, close the achievement gap, and fund those costs through the formula. Find the UEN Issue Brief linked here: https://www.uen-ia.org/system/files/Public/IssueBriefs/UEN%20Issue%20Brief%20Poverty%202023.docx

Advocate with your Reps and Sens to improve these bills. Key messages:

    • SF 496 Governor’s Transparency/Parents’ Rights Now in the House: this bill has improved, but still needs a few fixes. 1) There is no phase-in for this requirement. It is effective for graduations after July 1, 2023. Advocacy actions below include asking House members to remove the high-stakes nature of this test so it is not a requirement for graduation. If they insist, ask for it to first apply to the freshman class of 2023-24, giving schools time to implement and students time to successfully master the content. 2) Do not allow any employee untrained in child development to observe a student exhibiting a behavior different from their gender assigned at birth resulting in an immediate contact to a parent. Allow trained educators to determine with subsequent observation whether there is a need requiring any support from parents or other educators. 3) exempt confidential mental health/counseling reports to remain protected. Since this bill is in the House Education Committee, concentrate on Representatives, especially if your Rep is on that Committee.
    • HF 604 Ombudsman and Discipline Policy: this one-size-fits-all policy doesn’t recognize school differences or federal special education law. The bill mandates in school suspension of increasing length, but after the third classroom disturbance, requires the student be expelled from the classroom. This bill is in the Senate Education Committee. Ask Senators to require a school board policy on discipline, but do not require one specific approach.
    • Encourage Flexibility: There are so many in the works; teacher recruitment and licensure flexibility, chapter 12 flexibility and efficiency, and bond language clean-up. Regarding SF 391 on Senate Calendar: ask Senators to refuse the House Changes and send the bill back to the House. There are many good things in that bill regarding district flexibility, offer and teach, and more local control (fewer state regulations). UEN is registered in support. See the March 9 UEN Weekly Report for details of the bill and the House Amendment.
    • Educate legislators about the importance of school administration and student services. These talking points regarding SF 251 Administrative Expenditure Limitation are still relevant to guard against this bill reappearing as an amendment to another bill.
      • The definition of administration in SF 251 is very broad and leaves the DE little discretion to align with accounting codes already required to be reported.
      • Every district would be out of compliance if the limitation is set at 5%.
      • Much of the growth in nonteaching positions since 1993 is due to mandates and requirements of state and federal government, changes in student needs and increased requirements for use of data systems.
      • Forced reduction of administrative and support staff would increase the workload of teachers.
      • See district-specific data on the FTE growth spreadsheet shared by Sen. Zaun and NCES data per district with their definition of administrative expenditures posted here: District Staffing Surge 1993 to 2021 and NCES Data 2019 by Admin Expenditures Percentage
      • See the March 17 UEN Call to Action on SF 251 Administrative Expenditure Limitation, now in the House Education Committee.

 

 

Connecting with Legislators: To call and leave a message at the Statehouse during the legislative session, the House switchboard operator number is 515.281.3221 and the Senate switchboard operator number is 515.281.3371. You can ask if they are available or leave a message for them to call you back. You can also ask them what’s the best way to contact them during session. They may prefer email or text message or phone call based on their personal preferences.

Find biographical information about legislators gleaned from their election websites on the ISFIS site here: http://www.iowaschoolfinance.com/legislative_bios Learn about your new representatives and senators or find out something you don’t know about incumbents.

Find out who your legislators are through the interactive map or address search posted on the Legislative Website here: https://www.legis.iowa.gov/legislators/find

 

UEN Advocacy Resources: Check out the UEN Website at www.uen-ia.org to find Advocacy Resources such as Issue Briefs, UEN Weekly Legislative Reports and video updates, UEN Calls to Action when immediate advocacy action is required, testimony presented to the State Board of Education, the DE or any legislative committee or public hearing, and links to fiscal information that may inform your work. The latest legislative actions from the Statehouse will be posted at: www.uen-ia.org/blogs-list. See the new 2023 UEN Advocacy Handbook, which is also available from the subscriber section of the UEN website.

 

Committee Members:

House Education Committee Members
House Education Reform Members
Senate Education Committee Members
Senate Ways and Means Committee Members
House Ways and Means Committee Members

 

Contact us with any questions, feedback or suggestions to better prepare your advocacy work:

Margaret Buckton
UEN Executive Director/Legislative Analyst
margaret@iowaschoolfinance.com
515.201.3755 Cell

 

Thanks to our UEN Corporate Sponsors

Special thank you to your UEN Corporate Sponsors for their support of UEN programs and services. Find information about how these organizations may help your district on the Corporate Sponsor page of the UEN website at www.uen-ia.org/uen-sponsors.

 

www.boardworkseducation.com