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SF 438 — 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.)
Last action — Subcommittee recommends amendment and passage.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
400 added · 505 removed400 line(s) added, 505 removed.
Senate File 438 - IntroducedReprinted 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 districts or school corporations, accredited nonpublic schools, or area education agencies.agencies, community colleges, and board of regents institutions, and including effective date provisions.
TLSBSF 1662SV438 (2)(3) 88 kh/jhkh/jh/mb S.F.
438 DIVISION I SCHOOL DISTRICT RESPONSIBILITIES AND REQUIREMENTS RELATING TO CHILDREN’S HEALTH Section 1.
On or after July 1, 2012, all All state agencies, and all school districts, community colleges, and institutions under the control of the state board of regents which have not opted LSBout 1662SVof (2)compliance pursuant to paragraph “c”, shall purchase SF 438 (3) 88 -1- kh/jhkh/jh/mb 1/141/11 S.F.
438 out of compliance pursuant to paragraph “c”, shall purchase only cleaning and maintenance products identified by the department or that meet nationally recognized standards.
Section 135.11, Code 2019, is amended by adding the following new subsection:
NEW SUBSECTION .
30.
Collect and maintain information submitted relating to dental screenings in accordance with section 135.17, subsection 1, paragraph “b”, vision screenings in accordance with section 135.39D, subsection 1, and blood lead testing in accordance with section 135.105D, subsection 2, paragraph “a”.
Upon request of a school district or accredited SF 438 (3) 88 -2- kh/jh/mb 2/11 S.F.
438 nonpublic school, and if the parent or guardian of a student provides written consent authorizing the department to send such information collected on the student pursuant to this subsection, the department shall provide to the school district or accredited nonpublic school a list of children enrolled in the school district or accredited nonpublic school, as appropriate, who have had dental and vision screenings and blood lead testing.
Sec.
3.
Except as provided in paragraphs “c” and “d”, the parent or guardian of a child enrolled in a public or accredited nonpublic elementary school shall provide evidence to the school district or accredited nonpublic elementary school in which the child is enrolled of ensure that the child having LSBhas, 1662SVno (2)earlier 88than -2-three kh/jhyears 2/14of S.F.age but no later than four months after enrollment, at a minimum, a dental screening performed by a licensed physician, a licensed nurse, a licensed physician assistant, or a licensed dental hygienist or dentist.
438 has, no earlier than three years of age but no later than four months after enrollment, at a minimum, a dental screening performed by a licensed physician, a licensed nurse, a licensed physician assistant, or a licensed dental hygienist or dentist.
A person authorized to perform a dental screening required by this section shall record that the screening was completed, and such additional information required by the department, on uniform forms developed by the department in cooperation with the department of education, and shall submit theSF completed438 form(3) to88 the-3- departmentkh/jh/mb of3/11 publicS.F. health in written or electronic form.
438 the completed form to the department of public health in written or electronic form .
3.4.
Provide, if a student has not had a dental screening performed in accordance with subsection 1, the parent or LSBguardian 1662SVof (2)the 88student -3-with kh/jhcommunity 3/14dental S.F.screening referral resources, including contact information for the i-smile coordinator, department, or dental society.
438 guardian of the student with community dental screening referral resources, including contact information for the i-smile coordinator, department, or dental society.
4.5.
5.6.
Evidence of the vision screening may shall be provided either directly from the parent or guardian or from to the department in either written or electronic form by a vision screening provider referred to in subsection 2, and may be provided in either written or electronic formform. .
Each public and accredited nonpublic elementary school shall,SF in438 collaboration(3) with88 the-4- department,kh/jh/mb do4/11 theS.F. following:
438 shall, in collaboration with the department, do the following:
6.7.
7.8.
A parent or guardian of a child under the age of two LSBis 1662SVstrongly (2)encouraged 88to -4-have kh/jhthe 4/14child S.F.tested for elevated blood lead levels by the age of two.
438 is strongly encouraged to have the child tested for elevated blood lead levels by the age of two.
AThe parentprovider or guardian, or the person authorized by the parent or guardian to test the child for elevated blood lead levels,levels shall record that the testing was completed, and such additional information required by the department on uniform forms developed by the department in cooperation with the department of education, and shall submit the completed form to the department of public health in written or electronic form.
(1)SF Ensure438 ensure(3) that88 the-5- parentkh/jh/mb or5/11 guardianS.F. of a student enrolled in the school has complied with the requirements of paragraph “a”.
438 (1) Ensure ensure that the parent or guardian of a student enrolled in the school has complied with the requirements of paragraph “a”.
8.9.
The department LSBshall 1662SVnotify (2)the 88school -5-districts kh/jhand 5/14nonpublic S.F.schools of the children who have not met the blood lead testing requirements set forth in this section and shall work with the school districts, nonpublic schools, and the local childhood lead poisoning prevention programs to assure that these children are tested as required by in accordance with this section.
438 shall notify the school districts and nonpublic schools of the children who have not met the blood lead testing requirements set forth in this section and shall work with the school districts, nonpublic schools, and the local childhood lead poisoning prevention programs to assure that these children are tested as required by in accordance with this section.
9.10.
10.11.
11.12.
1.SF 438 (3) 88 -6- kh/jh/mb 6/11 S.F.
438 1.
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The parent, guardian, or legal custodian LSBof 1662SVa (2)child, 88who -6-is kh/jhplacing 6/14the S.F.child under competent private instruction for the first time, shall also provide the district with evidence that the child has had the immunizations required under section 139A.8, and, if the child is elementary school age, a shall ensure that the child was tested for elevated blood lead test levels in accordance with section 135.105D.
438 of a child, who is placing the child under competent private instruction for the first time, shall also provide the district with evidence that the child has had the immunizations required under section 139A.8, and, if the child is elementary school age, a shall ensure that the child was tested for elevated blood lead test levels in accordance with section 135.105D.
DIVISION II AREA EDUCATION AGENCY BOARDS —— POSTING OF NOTICE OF PROPOSED BUDGET Sec.
12.13.
EFFECTIVE DATE.
The following take effect July 1, 2020:
1.
The section of this division of this Act striking section 135.17, subsection 3.
2.
The section of this division of this Act amending section 135.39D, subsections 1 and 5.
3.
The section of this division of this Act amending section 135.105D, subsection 2, paragraphs “a” and “b”.
4.
The section of this division of this Act amending section 135.105D, subsection 3.
DIVISION II AREA EDUCATION AGENCY BOARDS —— POSTING OF NOTICE OF PROPOSED SF 438 (3) 88 -7- kh/jh/mb 7/11 S.F.
438 BUDGET Sec.
14.
The state board shall give final approval only to LSBbudgets 1662SVsubmitted (2)by 88area -7-education kh/jhagencies 7/14accredited S.F.by the state board or that have been given conditional accreditation by the state board.
438 budgets submitted by area education agencies accredited by the state board or that have been given conditional accreditation by the state board.
13.15.
The state boardSF shall438 establish(3) in88 rule-8- akh/jh/mb definition8/11 ofS.F. and standards for an articulated sequential kindergarten through grade twelve media program.
438 board shall establish in rule a definition of and standards for an articulated sequential kindergarten through grade twelve media program.
14.16.
The board shall include in its rules provisions regulating the loading and unloading of pupils from a school bus stopped on the highway during a period of reduced highway visibility caused by fog, snow or other weather LSBconditions. 1662SV (2) 88 -8- kh/jh 8/14 S.F.
438 conditions.
15.17.
Moneys received from the condemnation, sale, or other disposition for public purposes of schoolhouses, school sites, or both schoolhouses and school sites, shall be deposited in theSF physical438 plant(3) and88 equipment-9- levykh/jh/mb fund9/11 andS.F. may without a vote of the electorate be used for purposes authorized under section 298.3, as ordered by the board of directors of the school district corporation.
438 the physical plant and equipment levy fund and may without a vote of the electorate be used for purposes authorized under section 298.3, as ordered by the board of directors of the school district corporation.
16.18.
17.19.
Section 279.60, subsection 2, Code 2019, is amended byto strikingread theas subsection.follows:
Sec.2.
18.The school district shall also collect information from each parent, guardian, or legal custodian of a kindergarten student enrolled in the district, including but not limited to about whether the student attended preschool, factors identified by the early childhood Iowa office pursuant to section 256I.5, and other demographic factors.
Each school district shall report the results of the community strategies employed during the prior school year pursuant to section 279.68, subsection 3, paragraph “a”, the assessment administered pursuant to subsection 1, and the preschool information collected to the department of education in the manner prescribed by the department not later than January 1 of that school year.
The early childhood Iowa office in the department of management shall have access to the raw data.
The department shall review the information submitted pursuant to this section and shall submit its findings and recommendations annually in a report to the governor, the general assembly, the early childhood Iowa state board, and the early childhood Iowa area boards.
SF 438 (3) 88 -10- kh/jh/mb 10/11 S.F.
438 Sec.
20.
Prior to hiring an applicant for a school employee position, a school district shall have access to and shall review the information in the Iowa court information system available to the general public, the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for LSBdependent 1662SVadult (2)abuse 88information -9-established kh/jhunder 9/14section S.F.235B.5 for information regarding the applicant.
438 dependent adult abuse information established under section 235B.5 for information regarding the applicant.
A school district shall not may charge an employee for the cost of the registry checks conducted pursuant to this subsection, not to exceed the actual cost of the registry checkschecks. .
19.21.
EXPLANATIONSF The438 inclusion(3) of88 this-11- explanationkh/jh/mb does11/11 not constitute agreement with the explanation’s substance by the members of the general assembly.
This bill relates to the responsibilities and authority relating to school districts and the boards of directors of school districts and is organized in divisions.
DIVISION I —— SCHOOL DISTRICT RESPONSIBILITIES AND REQUIREMENTS RELATING TO CHILDREN’S HEALTH.
Dental Screenings.
Division I strikes provisions that require a parent or guardian of a child enrolled in public and accredited nonpublic elementary school or high school to provide evidence to the school that the child has had a dental screening performed by a licensed physician, nurse, physician assistant, dentist, or dental hygienist;
require the schools to ensure that the parent or guardian has complied with the requirements;
and require the school to provide the parent or guardian of a student who has not had a dental screening with community dental screening referral services.
The division requires the person who performs the child’s dental screening to submit the information regarding completion of the screening on a form to the department of public health, LSB 1662SV (2) 88 -10- kh/jh 10/14 S.F.
438 and provides that the form may be submitted to the department in written or electronic form.
Under the division, the school must ensure that the parent or guardian of a student enrolled in kindergarten or grade nine has received information about the state’s dental screening requirements and about resources that are available to satisfy the requirements.
Use of Environmentally Preferable Cleaning Products in School District, Community College, and Regents Institution Buildings.
The division strikes requirements that school districts, community colleges, and regents institutions conduct an evaluation and assessment regarding implementation of an environmentally preferable cleaning policy and purchase only cleaning and maintenance products identified by the department of administrative services as being environmentally preferable or that meet nationally recognized standards.
A provision establishing a process by which school districts, community colleges, and regents institutions could opt out of compliance is stricken.
Vision Screenings.
The division replaces a provision that requires a parent or guardian of an elementary school child to ensure that evidence of the child’s vision screening is provided to the school in which the child is enrolled with a requirement that the evidence of vision screening be provided to the department of public health by the person providing the screening.
Blood Lead Testing.
The division strikes language requiring the department of public health to adopt rules for a requirement that children receive a blood lead test before enrolling in any elementary school;
strikes a requirement that a parent or guardian provide evidence to a school district that the parent or guardian’s child was tested for elevated blood lead levels by age six;
strikes a provision requiring the school district and nonpublic school to ensure that the parent or guardian has complied and if not, to provide the parent or LSB 1662SV (2) 88 -11- kh/jh 11/14 S.F.
438 guardian with community blood lead testing information;
and strikes a requirement that the school district and nonpublic school furnish the department with a list of children enrolled in kindergarten.
Instead, the bill requires the parent or guardian, or the person authorized by the parent or guardian to test the child for elevated blood lead levels, to submit a record of the testing to the department of public health in written or electronic form;
requires that the school districts and nonpublic schools ensure that the parent or guardian has received community blood lead testing program information;
and requires the department to work with school districts, nonpublic schools, and the local childhood lead poisoning prevention programs to assure that children are tested.
A requirement that the parents, guardians, and legal custodians of children under competent private instruction submit evidence to a school district that the child has been tested for elevated blood lead levels has been replaced with a requirement that the parents, guardians, and legal custodians ensure that the child has been tested.
School Nurse Requirement.
The bill strikes the requirement that school districts work toward a goal of having one school nurse for every 750 students.
Student Eye Care.
The division strikes a provision requiring that every parent or guardian of a child registered for kindergarten or preschool be provided with a student vision card provided by the Iowa optometric association and approved by the department of education with a goal of each child reaching an eye examination by age seven.
DIVISION II —— AREA EDUCATION AGENCY BOARDS —— POSTING OF NOTICE OF PROPOSED BUDGET.
Division II strikes a provision that requires area education agency (AEA) boards to give notice of a public hearing on the agency’s proposed budget by publication in an official county newspaper in each county in which a school district located LSB 1662SV (2) 88 -12- kh/jh 12/14 S.F.
438 within the AEA locates its principal place of business.
DIVISION III —— SCHOOL DISTRICTS —— MISCELLANEOUS PROVISIONS.
Teacher Librarian Requirement.
The bill strikes obsolete provisions.
School Bus Rules.
The division strikes a provision requiring school boards to have rules regulating the loading and unloading of pupils from a school bus stopped on the highway during inclement weather.
Schoolhouse and Site Fund Deposits.
The division also provides an exception to a provision that requires a school district to deposit in the physical plant and equipment levy moneys received from the condemnation, sale, or other disposition for public purposes of schoolhouses, school sites, or both schoolhouses and school sites.
Under the exception, the board of directors of a school corporation organized under Code chapter 274 may take action to deposit such moneys in any proposed account of the school corporation if the board holds a public hearing on the proposal prior to taking action.
The board must publish notice of the time and the place of the public hearing between 10 to 20 days before the hearing in a newspaper of general circulation located within the corporation’s boundaries.
As used in the provision, “school corporation” refers to a school district, though under Code section 260C.14(3), the board of directors of a community college has the powers and duties prescribed for the boards of directors of school districts under Code chapter 279.
Publication of Notice Prior to Loan Agreement.
The division strikes a provision requiring a school corporation to publish notice in a newspaper of general circulation prior to entering into a loan agreement for an equipment purchase.
School District Reporting Requirements.
The division also strikes a provision requiring a school district to collect information from parents or guardians of kindergarten students regarding preschool attendance, factors identified LSB 1662SV (2) 88 -13- kh/jh 13/14 S.F.
438 by the early childhood Iowa office, and other demographic factors;
and requiring the school district to report community strategies results, the early childhood assessment results, and the preschool information collected to the department of education each year.
Also stricken is a requirement that the department review the information and submit its findings and recommendations annually in a report to the governor, the general assembly, the early childhood Iowa state board, and the early childhood Iowa area boards.
Charging for Registry Checks.
Currently, school districts are prohibited from charging employees for the cost of registry checks.
The bill provides that a school district may charge an employee for the cost of the registry checks, not to exceed the actual cost.
Obsolete language relating to school employee registry checks is stricken.
Energy Audit Results.
The division also repeals a Code provision that requires the boards of directors of school districts to file with the economic development authority the results of an energy audit of the buildings owned and leased by the school district.
LSB 1662SV (2) 88 -14- kh/jh 14/14
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Amendments
3 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Subcommittee recommends amendment and passage.
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Subcommittee Meeting: 03/10/2020 8:30AM RM 308.
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Subcommittee recommends passage.
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Subcommittee Meeting: 02/13/2020 12:00PM RM 308.
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Subcommittee recommends amendment and passage.
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Subcommittee Meeting: 04/01/2019 3:10PM RM 102, Sup. Ct. Consult.
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Subcommittee: Wheeler, Dolecheck, Matson, Moore, T. and R. Smith.
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Fiscal note, as amended and passed by the Senate.
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Read first time, referred to Education.
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Message from Senate.
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Immediate message.
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Passed Senate, yeas 32, nays 17.
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Amendment S-3049 adopted, as amended.
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Amendment S-3055 to S-3049 filed, adopted.
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Amendment S-3047 withdrawn.
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Amendments S-3047 and S-3049 filed.
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Fiscal note.
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Committee report, approving bill.
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Introduced, placed on calendar.
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 150 not signed on
Sponsors (0)
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Co-sponsors (0)
None.
Not signed on (150)
150 members have not signed on to this bill.
Show all 150 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
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- Where can I track SF 438?
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