The activity at the Capitol this week was a mixture of floor debate and subcommittee meetings. Many pieces of legislation are still in play and activity is picking up once again as we near the second funnel date of April 2.

Bills that passed on the Senate floor and were sent to the House:

SF260 Reimbursements for Special Education Services - Requires a receiving school district to send the paperwork necessary for Medicaid reimbursement to the district of residence when a student with special education needs transfers to the receiving district. The Senate passed the bill, 47 to 0. 

SF467 Online Learning - Prohibits a school district or accredited nonpublic school from offering online learning or continuous remote learning unless they meet the requirements of Iowa Code section 256.7(32) or section 256.11(17), as appropriate, or are offering the online learning or continuous remote learning in accordance with a proclamation of public health disaster emergency from the Governor. Establishes that a school district or accredited nonpublic school can use an online learning platform to deliver regular school day coursework for up to five days when inclement weather or other unanticipated circumstances cause a school to close. The Senate amended and passed the bill, 47 to 0. 

SF532 Statement of Professional Recognition - Requires the Board of Educational Examiners to adopt rules by August 1, 2021, developed in consultation with the Department of Education (Department) establishing a statement of professional recognition for behavior analysts licensed under Iowa Code chapter 154D. Requires by January 1, 2022, rules to be adopted establishing a statement of professional recognition for mental health counselors. The rules shall require that any mental health practitioner who holds a master’s degree and who also provides mental health services to students at a school obtain such a statement. The bill authorizes the board to carry out emergency rulemaking to implement the bill. The Senate amended and passed the bill, 47 to 0.

SF580 Banning Social Media Censorship - Prohibits the state or a political subdivision of the state from entering into contracts with, or providing tax incentives or any other benefits to, certain companies that censor online content. Prohibits certain companies from censoring online content and requires companies to allow users to opt out of post promoting or shadow banning algorithms. Companies that violate this bill will have certain tax advantages that they have received recaptured. Defines governmental entity to include a school district. Requires the attorney general to take various actions enforcing these provisions. The bill was amended on the Senate floor and passed the Senate, 30 to 17. 

Bills that passed on the House floor and were sent to the Senate:

HF744 Free Speech - Requires school districts to protect the intellectual freedom of the school district’s students and practitioners and to establish and publicize policies that protect students and faculty from discrimination based on speech. The House amended and passed the bill, 97 to 1.  A Senate Education subcommittee is set to meet next week. 

Subcommittees meetings held this week:

SF265 Temporary Retention - Allows a parent to submit a written request by August 15, 2021 to the school districts and accredited nonpublic schools for their child to be retained at the grade level for which the child was enrolled during the school year beginning July 1, 2020. Prohibits the school from promoting the student to the next grade level and is required to retain the student at the 2020-2021 grade level for the school year beginning July 1, 2021. The Senate passed the bill, 43 to 5. The House Education subcommittee passed the bill this week.

SF546 Homeschooling Provisions - Changes assessment and reporting deadlines for competent private instruction. Changes the definition of competent private instruction to include private instruction by a parent, guardian, or legal custodian. Eliminates or reduces various requirements for driver education courses administered by teaching parents, making them easier to complete. The Senate Education Committee amended the bill by changing a reporting date and other changes related to driver education. The bill passed the Senate, 28 to 17, and passed out of the House Education Subcommittee with an amendment.

HF532 Qualified Instruction Funding Supplement - Provides that each public school district shall receive a qualified instruction funding supplement. The supplement amount shall be equal to the percentage of the amount appropriated that is proportionate to the school district’s total in-person instruction days as a share of the statewide total in-person instruction days. This bill was amended and passed the House. For further information, please see the Notes on Bills and Amendments (NoBA). The Senate Education subcommittee met this week and recommended an amendment and passage of the bill.

HF604 Deaf and Hard-of-Hearing - Requires the Department to appoint an early language development consultant to work with the state school for the deaf, area education agencies (AEAs), school districts and the early hearing detection and intervention program in the Department of Public Health. Requires the Department to select language developmental milestones from existing standardized norms for purposes of developing a resource for parents. If the child is not meeting the milestones, provide that the IFSP or IEP team explain in detail why the milestones are not being met and modify the plan to help the child achieve proficiency. The Department is also required to establish and consult with an advisory committee for purposes of soliciting input from experts on the selection of language developmental milestones. Requires the Department to annually compile a report and publish on its website. The House has passed this bill and sent it to the Senate. A Senate Education Subcommittee met this week and recommended an amendment and passage of the bill to the Senate Education Committee.

HF809 Fines for Delayed Rulemaking - Allows the Administrative Rules Review Committee (ARRC) to reject, by a majority vote, a written notification by an agency that it will not finish rulemaking required by law in the time required or to determine that an agency has failed to adopt required rules in a timely manner. Allows the ARRC to impose a fine of $1,000 for such delays. Requires the agency to have an opportunity to address the ARRC before the fine is imposed. Requires the agency to pay within 14 days or to submit notice of rulemaking. Retroactive to January 11, 2021. The House Ways and Means subcommittee passed the bill this week.

Subcommittee meetings scheduled for next week:

HF316 Open Enrollment Tuition Following the Student (Department sponsored bill) - Under the bill, the child’s district of residence as determined on the date of the basic enrollment count for school districts, rather than the child’s first district of residence, shall be responsible for payment of the applicable costs to the receiving district. The House passed the bill, 94 to 0. There is a Senate Education subcommittee meeting scheduled next week.

HF385 Open Enrollment Billing and Good Cause (Department sponsored bill)  - The bill amends the definition of “good cause” for purposes of consideration and approval of open enrollment requests that fail to meet statutory deadlines to include a change in a child’s residence from the residence of one parent or guardian to the residence of a different parent or guardian and the initial placement of a prekindergarten student in a special education program requiring specially designed instruction. Makes “prekindergarten students enrolled in special education programs and included in the school district’s basic enrollment” subject to the September 1 open enrollment request deadline. The House passed, 96 to 0. There is a Senate Education subcommittee meeting scheduled next week.

HF602 School Activity Accounts - Authorizes the board of directors of a school district to, for the school budget years beginning on July 1, 2021, and July 1, 2022, transfer money from their general fund to the student activity fund in an amount necessary to fund co-curricular and extracurricular activities provided by the district from March 15, 2020, through June 30, 2022, for which moneys from student-related activities fail to meet the financial needs of the activities. Would take effect upon enactment and be repealed on July 1, 2023. The House has passed this bill. There is a Senate Education subcommittee meeting scheduled for this coming week.

HF744 Free Speech - Requires school districts to protect the intellectual freedom of the school district’s students and practitioners and to establish and publicize policies that protect students and faculty from discrimination based on speech. The House amended and passed the bill, 97 to 1. The bill was sent to House Education. A Senate Education subcommittee is set to meet next week.

HF793 Physical Education - Provides that a student who is enrolled in junior reserve officers’ training corps is not required to participate in physical education or physical activities under the state’s educational standards, but shall receive one-eighth unit of physical education credit for each semester (or the equivalent) the student is enrolled in the junior reserve officers’ training corps. The House passed the bill 92 to 0 and sent the bill to the Senate, where there is a subcommittee meeting scheduled next week.

HF802 Racism Training - Prohibits school districts and public postsecondary institutions from giving training, or using contractors that give training, that teaches, advocates, acts upon, or promotes what it calls “divisive concepts.” The bill defines “divisive concepts,” provides that discrimination is prohibited, and clarifies that the bill should not be construed to violate first amendment rights. The House amended and passed the bill, 59 to 38. The bill is now in the Senate and scheduled for a Senate Education subcommittee next week. 

The Education Bill Tracking webpage provides regular updates during the Iowa legislative session on bills related to education in Iowa. Information about new bills, including names, numbers, and sponsors are provided.

Have a great weekend and enjoy the weather!