Iowa 2023-2024 Regular Session

Iowa House Bill HF2652 Latest Draft

Bill / Enrolled Version Filed 04/25/2024

                            House File 2652 - Enrolled   House File 2652   AN ACT   RELATING TO SCHOOL SECURITY, INCLUDING BY MODIFYING PROVISIONS   RELATED TO THE ISSUANCE OF SCHOOL BONDS, THE SECURE AN   ADVANCED VISION FOR EDUCATION FUND, SCHOOL DISTRICT USE   OF PROFESSIONAL DEVELOPMENT MONEYS, AND SCHOOL SECURITY   EQUIPMENT AND INFRASTRUCTURE, REQUIRING THE DEPARTMENT OF   PUBLIC SAFETY TO CONVENE A TASK FORCE RELATED TO THE SAFETY   AND SECURITY STANDARDS OF SCHOOLS AND SCHOOL INFRASTRUCTURE,   AND INCLUDING EFFECTIVE DATE AND APPLICABILITY PROVISIONS.   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:    Section 1. Section 257.10, subsection 10, paragraph d, Code    2024, is amended to read as follows:    d. The use of the funds calculated under this subsection    and any amount designated for professional development purposes    from the school districts flexibility account under section    298A.2, subsection 2 , shall comply with the requirements of    chapter 284 . If all professional development requirements of    chapter 284 are met and funds received under this subsection    remain unexpended and unobligated at the end of a fiscal year    beginning on or after July 1, 2017, the school district may    transfer all or a portion of such unexpended and unobligated    funds for deposit in the school districts flexibility account    established under section 298A.2, subsection 2 . At the end      of a fiscal year beginning on or after July 1, 2022, the    school district may use all or a portion of funds under this    subsection for the purposes authorized under subsection 9 ,   

  House File 2652, p. 2   paragraph d . At the end of a fiscal year beginning on      or after July 1, 2024, the school district may use all or    a portion of funds under this subsection for any trainings      required as a condition for a school employee to carry a weapon      at the school during school hours.    Sec. 2. NEW SECTION   . 279.84 Mobile panic alert systems.    A school district may purchase, install, and operate a    mobile panic alert system if all of the following requirements    are satisfied:    1. The system is capable of connecting different emergency    services technologies to ensure real-time coordination between    school employees and law enforcement agencies.    2. The system is capable of integrating with local public    safety answering point infrastructure and existing land mobile    radio platform technology to transmit 911 calls and mobile    activations.    Sec. 3. NEW SECTION . 279.85 School bonds  restrictions.    Notwithstanding sections 298.21 and 423F.4, the board of    directors of a school district shall not issue negotiable,    interest-bearing school bonds for borrowing money for    purposes of constructing a new school building or site to    be used primarily for interscholastic athletic contests or    competitions, or renovating or improving a school building    or site that is currently used primarily for interscholastic    athletic contests or competitions, unless all of the attendance    centers of the school corporation are in compliance with the    provisions of the state building code, adopted on or after the    effective date of this Act, related to the construction of new    attendance centers and the renovation of existing attendance    centers that incorporate standards designed to increase the    safety of schools and school infrastructure.    Sec. 4. NEW SECTION   . 279.86 Purchase of security equipment.    1. A school district shall install and maintain school    infrastructure, as defined in section 423F.3, subsection      6, paragraph a , subparagraph (5), so that such school    infrastructure performs as expected for the operational life    of the school infrastructure.    2. A school district shall not purchase school    infrastructure, as defined in section 423F.3, subsection 6,           

  House File 2652, p. 3   paragraph a , subparagraph (5), from an organization that    is not included on the list established by the department    of homeland security and emergency management pursuant to    section 423F.3, subsection 6, paragraph a , subparagraph (5),    subparagraph division (a), subparagraph subdivision (vii),    subparagraph part (C).    3. If a school district purchases school infrastructure,    as defined in section 423F.3, subsection 6, paragraph    a , subparagraph (4), or other school safety and security    equipment, including radios, cameras, panic buttons, automated    locks, or shatter-resistant window film, the school district    shall install and maintain in an operable condition such school    infrastructure or school safety and security equipment.    Sec. 5. Section 423F.3, subsection 6, paragraph a, Code    2024, is amended by adding the following new subparagraph:    NEW SUBPARAGRAPH . (5) (a) Additionally, school    infrastructure includes software or other innovative    technology, and the cost of subscription and monitoring fees    associated with such software or other innovative technology,    that meets all of the following requirements:    (i) Is designed to detect and alert school district    employees and first responders if there is a visible,    unholstered firearm on property owned by the school district.    (ii) Is capable of integrating with local public safety    answering point technology.    (iii) Is designed to integrate with a school districts    existing security camera infrastructure.    (iv) Was developed in the United States without the use of    any third-party data or open-source data.    (v) Was developed in the United States by an organization in    which a majority interest and a controlling interest is owned    by shareholders who are citizens of the United States.    (vi) Is not associated with any company that is owned or    controlled by the Peoples Republic of China.    (vii) All of the video processing, data processing,    and data storage occurs on school district property or on    servers located within the United States that follow data      retention policies that are consistent with rules adopted by    the department of homeland security and emergency management.    

  House File 2652, p. 4   The department of homeland security and emergency management    shall adopt rules pursuant to chapter 17A to administer this    subparagraph subdivision. The rules adopted by the department    of homeland security and emergency management shall do all of    the following:    (A) Establish security standards related to the    transmission and storage of video and data.    (B) Establish model data retention policies related to the    storage of video and data.    (C) Establish a list of organizations that satisfy the    standards established by the department of homeland security    and emergency management pursuant to this subparagraph    subdivision. An organization may submit a request to the    department of homeland security and emergency management to be    included on this list.    (viii) Was developed by an organization that is on the    list established by the department of homeland security and    emergency management pursuant to subparagraph subdivision    (vii), subparagraph part (C).    (ix) Beginning July 1, 2025, is designated by the secretary    of homeland security as qualified anti-terrorism technology    under 6 U.S.C. 441 et seq.    (b) For purposes of this subparagraph, school    infrastructure does not include the cost of personnel.    Sec. 6. REQUIRED SCHOOL SAFETY REVIEW.    1. If not already completed, each school district,    accredited nonpublic school, charter school established    pursuant to chapter 256E, charter school established pursuant    to chapter 256F, and innovation zone school established    pursuant to chapter 256F shall complete a comprehensive review    and evaluation of the schools ability to ensure the safety    of students enrolled in the school and of school employees,    including a review and evaluation of the schools plan for    responses to active shooter scenarios and natural disasters and    the schools safety and security infrastructure.    2. On or before the first day of the school calendar    established pursuant to section 279.10, subsection 1, for the    school year beginning July 1, 2024, each school district,    accredited nonpublic school, charter school established   

  House File 2652, p. 5   pursuant to chapter 256E, charter school established pursuant    to chapter 256F, and innovation zone school established    pursuant to chapter 256F shall submit the results of the    comprehensive review and evaluation to the department of public    safetys school safety bureau, police forces of the counties in    which school attendance centers are located, the local district    office of the state patrol, and, if applicable, the police    forces of the cities in which school attendance centers are    located, if not already submitted.    3. This section shall not be construed to duplicate    any review, evaluation, report, or assessment that school    districts, accredited nonpublic schools, charter schools, or    innovation zone schools are currently required to complete.    4. The results of the comprehensive review and evaluation    completed and submitted pursuant to this section shall be    confidential and shall not be a public record subject to    disclosure under chapter 22.    Sec. 7. REQUIRED ACCESS TO A PUBLIC SAFETY ANSWERING    POINT. On or before the first day of the school calendar    established pursuant to section 279.10, subsection 1, for the    school year beginning July 1, 2025, each school district,    accredited nonpublic school, charter school established    pursuant to chapter 256E, charter school established pursuant    to chapter 256F, and innovation zone school established    pursuant to chapter 256F is required to have at least one    handheld or console radio, at each attendance center, that is    capable of accessing a public safety answering point.    Sec. 8. DEPARTMENT OF PUBLIC SAFETY, DEPARTMENT OF    EDUCATION, AND DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY    MANAGEMENT  SCHOOL SAFETY AND SECURITY INFRASTRUCTURE    STANDARDS  TASK FORCE.      1. The department of public safety, in collaboration with    the department of education and the department of homeland    security and emergency management, shall convene and provide    administrative support to a task force that shall study    and make recommendations related to the safety and security    standards of schools and school infrastructure, including    safety and security standards related to doors, windows,    cameras, and locks.   

  House File 2652, p. 6   2. a. The department of public safety, in collaboration    with the department of education and the department of homeland    security and emergency management, shall appoint all of the    following members to the task force:    (1) A representative of the department of public safety.    (2) A representative of the department of homeland security    and emergency management.    (3) A representative of the department of public safetys    school safety bureau.    (4) A representative of the department of education.    (5) A superintendent of a school district located in this    state that has a total enrollment of greater than or equal to    one thousand students.    (6) A superintendent of a school district located in this    state that has a total enrollment of less than one thousand    students.    (7) One school resource officer who is employed by a school    district or accredited nonpublic school located in this state.    (8) One president or chief executive officer of an    accredited nonpublic school located in this state.    (9) Two members of the boards of directors of school    districts located in this state; provided, however, that such    members shall not be members of the boards of directors of    a school district that employs the superintendents appointed    pursuant to subparagraph (5) or (6).    (10) One representative of an association located in    this state that represents members that perform commercial,    industrial, and public works building projects, and    that provides such members with a comprehensive array of    educational, safety, environmental, labor, legal, professional    development, and legislative services.    (11) The state building code commissioner or a member of    the state building code advisory council, if designated by the    state building code commissioner.    b. The department of education may appoint not more than    four members to the task force, if the department of education    determines that the appointment of such member or members will    be beneficial to the study and recommendations the task force    is required to complete.   

  House File 2652, p. 7   3. Any expenses incurred by a member of the task force    shall be the responsibility of the individual member or the    respective entity represented by the member.    4. The task force shall submit its findings and    recommendations to the general assembly on or before December    31, 2024. The findings and recommendations shall include a    proposal for modifications to the state building code that    are applicable to the construction of new attendance centers    and the renovation of existing attendance centers and that    incorporate standards designed to increase the safety of    schools and school infrastructure.    Sec. 9. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY    MANAGEMENT  SCHOOL SECURITY PERSONNEL  GRANTS FOR    INFRASTRUCTURE, EQUIPMENT, AND TRAINING.    1. a. If 2024 Iowa Acts, House File 2586, is enacted,    the department of homeland security and emergency management    shall establish a grant program to provide grants to applicant    school districts for the fiscal year beginning July 1, 2024,    and ending June 30, 2025, to allow such school districts to do    all of the following:    (1) Purchase infrastructure and equipment related to    employee permits to carry weapons issued under section 724.6,    subsection 1, paragraph a, subparagraph (3), if enacted in    2024 Iowa Acts, House File 2586.    (2) Facilitate the training associated with employee    permits to carry weapons issued under section 724.6, subsection    1, paragraph a, subparagraph (3), if enacted in 2024 Iowa    Acts, House File 2586.    (3) Provide stipends to employees who participate in the    training associated with employee permits to carry weapons    issued under section 724.6, subsection 1, paragraph a,    subparagraph (3), if enacted in 2024 Iowa Acts, House File    2586.    b. The department of homeland security and emergency    management shall adopt rules to implement the grant program    described in paragraph a. The rules adopted by the    department of homeland security and emergency management shall    establish an application process for school districts and    shall define infrastructure, equipment, and training for   

  House File 2652, p. 8   purposes of the grant program.    c. The department of homeland security and emergency    management shall not award a school district with more than    twenty-five thousand dollars in grant funding under this    subsection.    2. If 2024 Iowa Acts, House File 2586, is enacted, there    is established within the state treasury a school security    personnel grant program fund. The fund shall be administered    by the department of homeland security and emergency management    and shall consist of moneys appropriated by the general    assembly and other moneys received by the department of    homeland security and emergency management for deposit in the    fund.    Sec. 10. Section 279.84, subsections 2 and 3, if enacted by    2024 Iowa Acts, House File 2586, section 1, are amended to read    as follows:    2. The board of directors of each school district with    a total enrollment of at least eight thousand students shall    employ, or retain the services of, at least one private school    security officer or school resource officer to guard each    attendance center where students enrolled in grade nine, grade    ten, grade eleven, or grade twelve regularly attend classes,    unless a majority of the members of the board of directors of    the school district vote to not employ or retain a private    school security officer or a school resource officer. A    private school security officer employed or retained by the    board of directors of a school district pursuant to this    subsection shall be required to participate in the annual live    scenario training and quarterly live firearms training provided      approved by the department of public safety pursuant to section    724.6, subsection 1, paragraph a , subparagraph (3).    3. The board of directors of each school district with      a total enrollment of less than eight thousand students is    encouraged to employ, or retain the services of, at least one    private school security officer or school resource officer    to guard each attendance center where students enrolled in    grade nine, grade ten, grade eleven, or grade twelve regularly    attend classes. A private school security officer employed    or retained by the board of directors of a school district     

  House File 2652, p. 9   pursuant to this subsection shall be required to participate    in the annual live scenario training and quarterly live    firearms training provided   approved by the department of public    safety pursuant to section 724.6, subsection 1, paragraph a ,    subparagraph (3).    Sec. 11. Section 724.6, subsection 1, paragraph a,    subparagraph (3), if enacted by 2024 Iowa Acts, House File    2586, section 2, is amended to read as follows:    (3) A person may be issued a permit to carry weapons if the    person is a school employee of a school district, a private    school, or an institution of higher education as defined    in section 722.11. The person shall complete a prescribed    firearm safety training course offered pursuant to section    724.9, subsection 1, prior to being issued a permit, and not be    disqualified under section 724.8. A person issued a permit to    carry weapons under this subparagraph shall receive one-time,    in-person legal training, including training on qualified    immunity, annual emergency medical training, and annual    communication training that is approved by the department of    public safety. The department of public safety shall implement      required A person issued a permit to carry weapons under this    subparagraph shall complete   annual live scenario training and    quarterly live firearm training approved by the department    of public safety   for school employees of a school district,    a private school, or an institution of higher education that    has opted into participating in the professional permitting    of school employees. A school employee issued a professional    permit to carry by the department of public safety who is up    to date with department of public safety-approved   all required    training, and the school district that employs the school    employee, shall be entitled to qualified immunity from criminal    or civil liability for all damages incurred pursuant to the    application of reasonable force at the place of employment.    The identity of a person who has been issued a permit pursuant    to this subparagraph shall be confidential and shall not be    a public record subject to disclosure under chapter 22. The      department of public safety shall adopt rules pursuant to      chapter 17A to administer this subparagraph.    Sec. 12. STATE MANDATE FUNDING SPECIFIED. In accordance                

  House File 2652, p. 10   with section 25B.2, subsection 3, the state cost of requiring    compliance with any state mandate included in this Act shall    be paid by a school district from state school foundation aid    received by the school district under section 257.16. This    specification of the payment of the state cost shall be deemed    to meet all of the state funding-related requirements of    section 25B.2, subsection 3, and no additional state funding    shall be necessary for the full implementation of this Act    by and enforcement of this Act against all affected school    districts.    Sec. 13. EFFECTIVE DATE. This Act, being deemed of    immediate importance, takes effect upon enactment.    Sec. 14. APPLICABILITY. The following applies to school    bonds authorized by voters at an election held after July 1,    2024, and projects approved by the board of directors of a    school district after July 1, 2024:    The section of this Act enacting section 279.85.    Sec. 15. APPLICABILITY. The following applies to school    infrastructure purchased by a school district on or after the    effective date of this Act:    The section of this Act enacting section 279.86.    ______________________________   PAT GRASSLEY   Speaker of the House   ______________________________   AMY SINCLAIR   President of the Senate   I hereby certify that this bill originated in the House and   is known as House File 2652, Ninetieth General Assembly.   ______________________________   MEGHAN NELSON   Chief Clerk of the House   Approved _______________, 2024 ______________________________   KIM REYNOLDS   Governor