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Capitol Update - March 9, 2023

UEN Legislative Update
March 9, 2023

Download the March 9, 2023 Printable Report

This UEN Weekly Report from the 2023 Legislative Session includes:

  • Governor’s Flexibility Bill Approved
  • Gender Bathroom Bill Senate Action
  • INS Civics Test: Process of Testing and Questions for Citizenship
  • Other Bills Approved by a Chamber
  • Committee Action
  • Advocacy Action: Keep momentum on PK and Poverty. Advocacy to improve a few bills.
  • Links to Advocacy Resources
  • Members of Important Committees

 

Governor’s Flexibility Bill Approved:

SF 391 Governor's School Flexibility (Chapter 12 Changes) was amended and approved by the Senate, 33:17. The House amended it (House changes noted below) and passed it 63:34, sending it back to the Senate. UEN supports the bill. The bill has six divisions:

1) Elimination of Comprehensive School Improvement Plan: removal of the requirement for school boards to have a Comprehensive School Improvement Plan (CSIP), but still requires reporting necessary for federal compliance and other smaller plans and reports are still required.

2) Teacher Librarians and Guidance Counselors: librarians can be either a certified teacher librarian or a former public librarian. Specifies that the BOEE shall not require a master’s degree for a teacher librarian license. Also requires the state BOE to establish standards for school district library programs in rule, designed to provide for methods to improve library collections to meet student needs, include a current and diverse collection of fiction and nonfiction materials in a variety of formats to support student curricular needs, and include a plan for annually updating and replacing library materials and equipment. Requires the guidance and counseling program be designed to ensure the guidance counselor can work collaboratively with students, teachers, support staff, and administrators to support the curricular goals of the school by offering responsive services that address the growth and development needs of students and the attainment of student competencies in academic, career, and social areas.

3) School Calendar: allows up to 5 days/30 hours of instruction in the school calendar, delivered primarily over the Internet, but clarifies that school districts can still offer online learning programs and academies per Iowa Code 256.43 and 256.7, subsection 32.

4) Educational Standards – Agreements with Community Colleges: eliminates the enrollment cap for districts to work with community colleges to provide any courses which meet offer and teach courses required per Iowa Code 256.11. Strikes the requirement that the district first demonstrate a good faith effort to hire a teacher in the content area and strikes the limitation of flexibility which current law applies to courses that enroll five or fewer pupils.

5) Authorization to Offer Simultaneous Sequential Units: allows teachers and community college instructors to teach two or more sequential units simultaneously as long as they are appropriately licensed, including minimum requirements for teaching Advanced Placement Courses. Requires the school board to give high school credit for the course.

 6) Educational Standards: eliminates technological literacy from 21st Century Learning Skills, removes a requirement that PK program shall relate the role of the family to the child’s developing sense of self and perception of others. Strikes HIV/AIDs references. Requires that 21st-century skills be incorporated to facilitate career readiness and introduce students to career opportunities within the local community and across the state. Reduces the requirement to offer world languages from four to two units (House amendment specifies that three units of world language will be required), reduces fine arts from three to two units and allows those two units to be from any listed category of fine arts. Excuses all students from PE (not just 12th graders) if parents request it and the student is seeking to be enrolled in academic courses not otherwise available to the student. Additionally, a student may be excused from the PE requirement if enrolled in a work-based or outside learning program or if participating in an activity sponsored by the school which has at least equivalent physical activity. (House amendment removed all of the PE language, returning to current law.) Specifies that health education requirements may (not shall) be taught including CPR, but eliminates the requirement of taking CPR for graduation (House amendment reinstated the requirement for students to have a CPR certification to graduate.) Requires that financial literacy curriculum include the laundry list of standards in Section 256.11, subsection 5 (k), but allows the content to be embedded in other content area courses, and strikes the requirement for completion of a ½ unit financial literacy for graduation.

 

School Bathroom Bill Senate Action

SF 482 School Bathrooms: specifies in the Iowa Civil Rights Code that it is not a discriminatory practice for a school to designate bathrooms only for and used by persons of the same biological sex. Creates a new Iowa Code 280.33 which requires single or multiple occupancy restrooms or changing areas be used by persons of same biological sex, based on biological sex at birth. Requires any other school facilities, facilities used for extracurricular 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. A student who, for any reason, desires greater privacy when using a single or multiple occupancy restroom or changing area, or other facility, and whose parent or legal guardian provides written consent to school officials, may submit a request for access to alternative facilities. The school official to whom a request is submitted shall evaluate such request and shall, to the extent reasonable, offer options for alternative facilities. Prohibits any accommodation that includes access to an area designated for use by students of the opposite sex while students of the opposite sex are present or could be present. Specifies reasonable accommodations that can be made but does not limit responses to those specific accommodations. Defines a process for filing complaints, allows three days for the school to remedy the complaint, and if failing to do so, requires the Attorney General to initiate legal action if the AG thinks it is appropriate. The Senate passed the bill 33:16, sending it to the House.

UEN opposes this bill since this state limitation would conflict with the current federal government requirements to accommodate transgender students via Title IX and may also conflict with Iowa Civil Rights Code if challenged legally, despite the disclaimer in the bill.

 

INS Test for Citizenship: Some Background

The Governor’s Parents Rights Omnibus Bill, SF 496, on the Senate Calendar, requires that the ½ unit of US Government Course, for both public and nonpublic schools, administer the Immigration and Naturalization Test for Citizenship as the required assessment. The bill allows modification for students with IEPs. Students are required to score at least 70% on the test in order to graduate high school. Students are allowed to retake the test as many times as needed. School districts and accredited nonpublic schools are required to report the INS test results to the DE by June 30 annually.

We’ve heard some senators suggest that this “10 question test” should not be too hard to students to pass. We found some information on the US Citizenship and Immigration Services Website https://www.uscis.gov/sites/default/files/document/questions-and-answers/100q.pdf about the test that might be helpful in advocating with Senators. UEN is opposed to the high-stakes nature of the test in the Governor’s bill. We would not be opposed to administering the test and reporting the scores.

Civics (History and Government) Questions for the Naturalization Test: The 100 civics (history and government) questions and answers for the naturalization test are listed below (found here). The civics test is an oral test and the USCIS Officer will ask the applicant up to 10 of the 100 civics questions. An applicant must answer 6 out of 10 questions correctly to pass the civics portion of the naturalization test. On the naturalization test, some answers may change because of elections or appointments. As you study for the test, make sure that you know the most current answers to these questions. Answer these questions with the name of the official who is serving at the time of your eligibility interview with USCIS. The USCIS Officer will not accept an incorrect answer. Although USCIS is aware that there may be additional correct answers to the 100 civics questions, applicants are encouraged to respond to the civics questions using the answers provided below.

UEN Concerns: the test is 100 questions, of which, individuals applying for citizenship are asked 10 randomly in person and they have to answer orally. It's not multiple-choice. Students must be prepared to answer all 100. It is possible students could retake the test 10 times and never have a question repeated. Of course, we don't know exactly how administrative rules will be written regarding test administration, so some of this concern might be resolved in rulemaking. It’s also possible that some expensive proctoring process dictating how schools administer the test could be implemented via rulemaking. If the test is required for graduation, the legislative intention clearly states it is important, which will push the DE's rules to reflect that significance.

The consequences of a student not successfully mastering this test are either: 1) dropping out of school without a high school diploma, which has far-reaching economic consequences for a student's future, or 2) coming back the next fall and continuing to take the test. If success isn't accomplished, the district will count the student which will generate another $7,635.

Also worthy of mention, SF 496 requires high school students to get 70% correct when future citizens are required to get 60% correct. We do not know the origin of this different benchmark.

 

Other Bills Approved by a Chamber:

HF 319 Childcare Physicals: strikes the requirement that childcare employees must have a pre-employment physical exam. The House passed the bill 66:32, sending it to the Senate. It is assigned to the Senate Health and Human Services Committee. UEN is not registered on this bill.

HF 255 Alternative Teaching Pathways: Establishes a teacher intern program and establishes criteria for participating in the program; student must have a bachelor’s degree, have a job offer from an Iowa school, complete required pedagogy training and be mentored by a teacher leader. Also allows rules to award a secondary authorization to a CTE teacher prior to accepting a job offer from a school. Also establishes the alternative licensure pathway that effectively singles out the College of American Teachers, an entirely online program without a student teaching experience. The bill was amended to require a practicum experience before the teacher in the alternative licensure pathway is allowed to teach students requiring special education services. The bill was approved by the House, 61:36 and moves to the Senate, now assigned to the Senate Education Committee. UEN is opposed to the alternative licensure pathway language.

HF 348 Prohibits Gender ID and Sexual Orientation in K-6: requires school districts and charter schools to use only age-appropriate and research-based human growth and development content, subject to Iowa Code 279.77 (excludes gender identity and sexual orientation), for Kindergarten, grades 1-6, and limits human growth and development content regarding sexual activity to grades 7-12. The bill specifies that Iowa Code 279.77 does not apply to accredited nonpublic schools. Further states that school districts shall not provide any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in K-6. The bill requires that if a civil action is instituted against a school district, board or employees as a result of complying with this law, the Attorney General shall provide legal representation at no cost. Requires the state to assume, in addition to the expense for legal defense, any other expenses related to the civil action, including award for attorney fees or court costs and the loss of any federal funds as a result of the civil action. The bill was approved by the House, 61:36 and moves to the Senate, now assigned to the Senate Education Committee. UEN opposed the bill.

HF 350 Public Record Requests: this bill provides that upon receipt of a public records request, the lawful custodian shall promptly provide the lawful custodian’s contact information, approximate date of the records release, an estimate of any reasonable fees associated with the records request, and any expected delay in production of the public records. The House passed it, 96-0, sending it to the Senate. UEN is undecided.

HF 430 Mandatory Reporters, BOEE license Renewal, Makeup of BOEE, and Background Checks (new bill number): requires mandatory reporters to report abuse of all children regardless of age. Defines mandatory reporters as any school employee over 18.

  • Requires the DE to develop a process for reporting on and investigating a school employee with an authorization, license or certification who may have committed certain felonies or acts. Prohibits written or oral agreements that would prohibit school officials from discussing an incident, part performance or actions, past allegations leading to discipline or adverse employment action, or employee resignation with any governmental agent, governmental officer or potential employer. Also prohibits an agreement waiving liability of a licensed individual related to or arising from an incident, past performance or action or past allegations of wrongdoing. The process requires the district to finalize an investigation of wrongdoing, even if an employee resigns or is terminated. Requires the results of the investigation be reported to the BOEE.
  • Also requires collection and retention of all complaints and reports related to incidents associated with unlicensed employees that related to health and safety of students. Requires sharing information with prospective employers who contact the district about any incident complaints or reports relating to the health and safety of students.
  • Establishes immunity for the school board or school authorities for discussing such incidents.
  • Requires the BOEE to assess civil penalties against administrators for intentional failure to follow the established process or for concealing an incident.
  • Includes additional grounds for the BOEE to disqualify applicants or to revoke licenses. Requires the BOEE to notify schools about investigations and to investigate administrators to determine if reporting requirements were satisfied.
  • Requires BOEE to keep records of all complaints, but does not require unfounded complaints to be disclosed. Requires BOEE to adopt rules that require the evaluation of complaints that did not result in any discipline or sanction if similar complaints are filed against the same individual.
  • Requires schools to contact the BOEE about potential hires to determine if the person has been the subject of a complaint or investigation. Requires the BOEE to develop a public database of individuals for whom complaints have been filed and the board has determined probably cause for staff to recommend BOEE consider license ramifications. Schools will be required to review the database to determine if a prospective employee is on it.
  • Changes the makeup of the BOEE to have 5 educators and 6 parent (noneducator) members (UEN opposes this action). The bill was amended during House consideration to change the BOEE membership to 5 parent members, 1 school board members and 5 educators.

The bill was approved 68:29, sending it to the Senate, where it is now assigned to the Senate Education Committee. Although formerly undecided, UEN opposes this bill with the change in the BOEE membership. See additional information under advocacy actions below.

HF 497 Open Meetings: exempts a function attended by three members of a body subject to open meetings law that is hosted by a political party or a civic organization from the open meetings laws. The House passed the bill 97:1, sending it to the Senate, now assigned to the State Government Committee. UEN is registered as undecided.

SF 507 Public Fund Investment: restricts IPERS and other retirement systems and the Regents from contracting with companies that invest based on non-pecuniary interests or economic boycotts (limiting investments in the fossil fuel, firearms, ammunition, agriculture, timber and mining industries). Requires the maintenance of a list of scrutinized companies involved in investments. Includes reporting requirements. The Senate passed the bill 33:16, sending it to the House Calendar, attached to companion HF 653 Public Fund Investment. UEN is undecided.

HF 588 Drivers Education Instructors: exempts retired peace officers from certification or driver instructor preparation requirements. Approved by the House 96:0, sending it to the Senate. UEN is undecided.

HF 597 Library Programs and Explicit Content: requires schools to have a library program that supports student achievement, requires a board policy on library material selection and removal, defines “Age-appropriate” and specifies that such appropriate materials do not include any material with descriptions or visual depictions of a sex act as defined in section 702.17 or section 728.1. Notwithstands the definition for human growth and development curriculum (sex education), which is regulated by section 279.50. The word “descriptions” has no qualifier, doesn’t say explicit or offensive descriptions, for example. UEN expressed concerns that “descriptions” of sex acts defined in 702.17 are included in literary classics, nonfiction books about criminal justice, human trafficking, slavery and even anatomy. However, this proposed legislation is much clearer and less punitive than other proposals, including the HSB 222 Governor’s Parents’ Rights and Transparency Bill, which did not survive the March 3 funnel in the House. UEN is registered as undecided on this bill and hopes to further address the descriptive definitions to protect access to those materials used by students truly age-appropriate. The bill was approved 60:37 in the House, sending it to the Senate, where it is assigned to the Senate Education Committee.

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 House passed the bill, 96:0, sending it to the Senate. UEN supports.

 

Committee Action this Week:

SF 480 Internet Posting of Publications: requires the Iowa Secretary of State to establish and maintain an online portal through which public posting entities shall post statutorily required public notices. Requires the portal to be searchable by entity (county, city, school) and by public notice type (meeting notices, minutes, elections, abandoned property, proposed rulemaking, and proposed public project). Sets a fee of $5 per posting. Requires the posting to meet time requirements, the purpose, date, location and time of the public meeting, the current contact information of the entity (phone number and email address), instruction for submitting public comments (if applicable). Specifies that the public entity is solely responsible for the content and is required to remove the notice within 14 days of expiration of the required time the posting was to be available to the public. Requires a physical copy to be posted on a bulletin board or other prominent place designated for that purpose. Allows the public entity to also post on the entity’s website, social media account or in a newspaper. Requires the public entity to publish in the newspaper of general circulation, at least 3 times between the enactment date of this bill and July 1, 2024, notice of the new procedure to find postings, including the internet address of the new portal. The bill doesn’t apply to the office of the Governor, the General Assembly, and exempts notices about Iowa Administrative Rules and notices about the Iowa Constitution. The bill amends various Code sections that currently require public notices be posted, including Iowa Code 279.36 regarding schools. The bill was approved by the Senate Ways and Means Committee, moving it to the Senate Calendar. UEN is registered in support.

HF 604 Complaints about Schools to the State Ombudsman (receives a new bill number): requires the State Ombudsman to investigate the report by any licensed employee related to violence in the classroom, on school property, and any other violations of state law. The bill also does the following:

  • makes charter schools also subject to these provisions
  • requires notice of which Iowa Code sections or Administrative Rules (by either DE or BOEE) authorizing or requiring professional development apply if participation of school employees is required
  • requires school districts, nonpublic schools and AEAs to provide a copy of Iowa Code 280 to teachers when initially hired and annually with contract renewal (this Code section allows teachers to put hands on students to defend themselves or other students from injury.)
  • requires teachers who witness a student injury to call the parents by phone within 24 hours.
  • prohibits retaliation or disciplinary action by the district or nonpublic school against an employee or contractor for disclosing information to any public official, law enforcement agency or the State Ombudsman if the employee reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety
  • allows a teacher to remove a disruptive student from a classroom under supervision of an SRO or administrator
  • defines a disciplinary process for the student; 1st offense in a semester requires facilitating a counseling session between the student and a school counselor and then placing the student in one day of in-school suspension. 2nd offense in a semester requires facilitating a counseling session between the student and a school counselor and then placing the student in five days of in-school suspension. 3rd offense in a semester requires the student to be expelled from the teacher’s class and if the student is enrolled in grades 9-12, the student shall not receive high school credit for the class.

The bill is on the House Calendar. We shared our concerns regarding opposition to the once-size-fits-all disciplinary approach, the lack of any recognition of special education law, FAPE or disciplinary processes defined in an IEP. Although it could be best for the teacher to contact the parent, in some cases, the nurse or principal might more appropriately have that responsibility. In some cases, if the parent cannot be reached by phone or prefers email or text contact, that would be preferred. SF 2360 enacted in the 2020 Session also included many of these provisions and requires DE in working with AEAs to provide professional development and best practice strategies for appropriate and inappropriate responses to addressing behavior in classrooms by July 1, 2023. That technical support plus the expansion of therapeutic classroom grants would be a better answer to this problem. UEN is registered opposed to the bill as it is currently written, but we expect amendment in the House to improve it.

HF 654 Carrying Guns (receives a new bill number): allows a school to authorize an employee to carry guns and ammo in a school vehicle. Authorizes a person with a valid carry permit who is making a delivery, or picking up or dropping off a person, to have a concealed gun but requires the fun remain in the vehicle and that the vehicle remains in specific parts of the school parking areas. Allows a retired peace officer to carry a gun on school grounds if the peace officer retired in good standing and has maintained certification and standards for handling guns. Requires the Insurance Commissioner to adopt rules to prohibit insurance companies from denying insurance to a school solely because of someone lawfully carrying a gun. Companion SF 543 on the Senate Calendar. UEN is opposed.

HF 658 School Board Liaisons (receives a new bill number): requires school boards to appoint at least student to serve as a liaison between the board, administrators, teachers and student, if the applicant meets requirements. Requires the liaison be allowed to sit in on meetings and to have access to non-confidential material. Requires boards to develop a selection process. On the House Calendar. UEN is opposed.

HF 639 Apprenticeships (receives a new bill number): Establishes an Office of Apprenticeship and an Iowa Apprenticeship Council in the Department of Workforce Development. Gives the office various duties related to the registration of apprenticeships. Establishes the members of the Council. Including the DWD director as an ex officio member. Requires licensing authorities to grant licenses to persons who have successfully completed apprenticeship programs. Prohibits exams for apprentices that are different than the exam for other applicants. Divides training and administration responsibilities between sponsors of programs and employers. See SF 318. UEN supports.

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:
    • HF 430 Mandatory Reporters: Ask Senators to reinstate the makeup of the BOEE. It would be OK to add another parent or 2, but not the drastic change from the House which deleted licensed educators and added parents, to have 5 of each plus one school board member. The current board makeup is 12, including the DE director (or designee), 9 educators (of which 4 must be administrators) and 2 public members of which one must be a school board member.) The bill also strikes the requirement that the DE director serve on the BOEE, changing the total to 11 members.
    • 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. Ask House members to require a school board policy on discipline, but do not require one specific approach.
  • Continue to Encourage good discussions on Flexibility: There are so many in the works; teacher recruitment and licensure flexibility, chapter 12 flexibility and efficiency, and bond language clean-up. Download the full UEN March 2 Weekly Report on Funnel Survivors for the many proposals that UEN supports.

 

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