Senate File 2313 - Introduced SENATE FILE 2313 BY DONAHUE A BILL FOR An Act relating to employment matters involving public 1 employees including collective bargaining, educator 2 employment matters, personnel records and settlement 3 agreements, city civil service requirements, and 4 health insurance matters, and including effective date, 5 applicability, and transition provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5995XS (4) 90 je/js
S.F. 2313 DIVISION I 1 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 2 Section 1. Section 20.3, subsections 11 and 13, Code 2024, 3 are amended by striking the subsections. 4 Sec. 2. Section 20.6, subsection 1, Code 2024, is amended 5 to read as follows: 6 1. Administer Interpret, apply, and administer the 7 provisions of this chapter and delegate the powers and duties 8 of the board to the executive director or persons employed by 9 the board, as appropriate. 10 Sec. 3. Section 20.6, subsections 6 and 7, Code 2024, are 11 amended by striking the subsections. 12 Sec. 4. Section 20.7, subsection 2, Code 2024, is amended 13 to read as follows: 14 2. Hire, evaluate, promote, demote, transfer, assign, and 15 retain public employees in positions within the public agency. 16 Sec. 5. Section 20.8, subsection 5, Code 2024, is amended by 17 striking the subsection. 18 Sec. 6. Section 20.9, Code 2024, is amended by striking the 19 section and inserting in lieu thereof the following: 20 20.9 Scope of negotiations. 21 1. The public employer and the employee organization 22 shall meet at reasonable times, including meetings reasonably 23 in advance of the public employers budget-making process, 24 to negotiate in good faith with respect to wages, hours, 25 vacations, insurance, holidays, leaves of absence, shift 26 differentials, overtime compensation, supplemental pay, 27 seniority, transfer procedures, job classifications, health and 28 safety matters, evaluation procedures, procedures for staff 29 reduction, in-service training, and other matters mutually 30 agreed upon. Negotiations shall also include terms authorizing 31 dues checkoff for members of the employee organization and 32 grievance procedures for resolving any questions arising under 33 the agreement, which shall be embodied in a written agreement 34 and signed by the parties. If an agreement provides for dues 35 -1- LSB 5995XS (4) 90 je/js 1/ 49
S.F. 2313 checkoff, a members dues may be checked off only upon the 1 members written request and the member may terminate the dues 2 checkoff at any time by giving thirty days written notice. 3 Such obligation to negotiate in good faith does not compel 4 either party to agree to a proposal or make a concession. 5 2. Nothing in this section shall diminish the authority 6 and power of the department of administrative services, board 7 of regents merit system, Iowa public broadcasting boards 8 merit system, or any civil service commission established by 9 constitutional provision, statute, charter, or special act to 10 recruit employees, prepare, conduct and grade examinations, 11 rate candidates in order of their relative scores for 12 certification for appointment or promotion or for other matters 13 of classification, reclassification, or appeal rights in the 14 classified service of the public employer served. 15 3. All retirement systems shall be excluded from the scope 16 of negotiations. 17 Sec. 7. Section 20.10, subsection 3, paragraph j, Code 2024, 18 is amended by striking the paragraph. 19 Sec. 8. Section 20.12, subsection 5, Code 2024, is amended 20 to read as follows: 21 5. If an employee organization or any of its officers 22 is held to be in contempt of court for failure to comply 23 with an injunction pursuant to this section , or is convicted 24 of violating this section , the employee organization shall 25 be immediately decertified, shall cease to represent the 26 bargaining unit, shall cease to receive any dues by checkoff, 27 and may again be certified only after twenty-four twelve months 28 have elapsed from the effective date of decertification and 29 only if after a new petition for certification pursuant to 30 compliance with section 20.14 is filed and a new certification 31 election pursuant to section 20.15 is held . The penalties 32 provided in this section may be suspended or modified by the 33 court, but only upon request of the public employer and only 34 if the court determines the suspension or modification is in 35 -2- LSB 5995XS (4) 90 je/js 2/ 49
S.F. 2313 the public interest. 1 Sec. 9. Section 20.15, Code 2024, is amended by striking the 2 section and inserting in lieu thereof the following: 3 20.15 Elections. 4 1. Upon the filing of a petition for certification of an 5 employee organization, the board shall submit a question to 6 the public employees at an election in the bargaining unit 7 found appropriate by the board. The question on the ballot 8 shall permit the public employees to vote for no bargaining 9 representation or for any employee organization which has 10 petitioned for certification or which has presented proof 11 satisfactory to the board of support of ten percent or more of 12 the public employees in the appropriate unit. 13 2. If a majority of the votes cast on the question is 14 for no bargaining representation, the public employees in 15 the bargaining unit found appropriate by the board shall not 16 be represented by an employee organization. If a majority 17 of the votes cast on the question is for a listed employee 18 organization, then that employee organization shall represent 19 the public employees in the bargaining unit found appropriate 20 by the board. 21 3. If none of the choices on the ballot receive the vote 22 of a majority of the public employees voting, the board shall 23 conduct a runoff election among the two choices receiving the 24 greatest number of votes. 25 4. Upon written objections filed by any party to the 26 election within ten days after notice of the results of 27 the election, if the board finds that misconduct or other 28 circumstances prevented the public employees eligible to 29 vote from freely expressing their preferences, the board may 30 invalidate the election and hold a second election for the 31 public employees. 32 5. Upon completion of a valid election in which the majority 33 choice of the employees voting is determined, the board shall 34 certify the results of the election and shall give reasonable 35 -3- LSB 5995XS (4) 90 je/js 3/ 49
S.F. 2313 notice of the order to all employee organizations listed on the 1 ballot, the public employers, and the public employees in the 2 appropriate bargaining unit. 3 6. a. A petition for certification as exclusive bargaining 4 representative of a bargaining unit shall not be considered 5 by the board for a period of one year from the date of the 6 noncertification of an employee organization as the exclusive 7 bargaining representative of that bargaining unit following a 8 certification election. A petition for certification as the 9 exclusive bargaining representative of a bargaining unit shall 10 also not be considered by the board if the bargaining unit is 11 at that time represented by a certified exclusive bargaining 12 representative. 13 b. A petition for the decertification of the exclusive 14 bargaining representative of a bargaining unit shall not be 15 considered by the board for a period of one year from the date 16 of its certification, or within one year of its continued 17 certification following a decertification election, or during 18 the duration of a collective bargaining agreement which, for 19 purposes of this section, shall be deemed not to exceed two 20 years. However, if a petition for decertification is filed 21 during the duration of a collective bargaining agreement, the 22 board shall award an election under this section not more than 23 one hundred eighty days and not less than one hundred fifty 24 days prior to the expiration of the collective bargaining 25 agreement. If an employee organization is decertified, the 26 board may receive petitions under section 20.14, provided that 27 no such petition and no election conducted pursuant to such 28 petition within one year from decertification shall include as 29 a party the decertified employee organization. 30 c. A collective bargaining agreement with the state, its 31 boards, commissions, departments, and agencies shall be for two 32 years. The provisions of a collective bargaining agreement or 33 arbitrators award affecting state employees shall not provide 34 for renegotiations which would require the refinancing of 35 -4- LSB 5995XS (4) 90 je/js 4/ 49
S.F. 2313 salary and fringe benefits for the second year of the term of 1 the agreement, except as provided in section 20.17, subsection 2 6. The effective date of any such agreement shall be July 1 of 3 odd-numbered years, provided that if an exclusive bargaining 4 representative is certified on a date which will prevent the 5 negotiation of a collective bargaining agreement prior to 6 July 1 of odd-numbered years for a period of two years, the 7 certified collective bargaining representative may negotiate 8 a one-year contract with the public employer which shall be 9 effective from July 1 of the even-numbered year to July 1 10 of the succeeding odd-numbered year when new contracts shall 11 become effective. 12 Sec. 10. Section 20.17, subsection 8, Code 2024, is amended 13 by striking the subsection and inserting in lieu thereof the 14 following: 15 8. The salaries of all public employees of the state under 16 a merit system and all other fringe benefits which are granted 17 to all public employees of the state shall be negotiated with 18 the governor or the governors designee on a statewide basis, 19 except those benefits which are not subject to negotiations 20 pursuant to the provisions of section 20.9. 21 Sec. 11. Section 20.17, Code 2024, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 8A. A public employee or any employee 24 organization shall not negotiate or attempt to negotiate 25 directly with a member of the governing board of a public 26 employer if the public employer has appointed or authorized 27 a bargaining representative for the purpose of bargaining 28 with the public employees or their representative, unless the 29 member of the governing board is the designated bargaining 30 representative of the public employer. 31 Sec. 12. Section 20.22, subsections 2, 3, 7, 9, and 10, Code 32 2024, are amended to read as follows: 33 2. Each party shall serve its final offer on each of 34 the impasse items upon the other party within four days of 35 -5- LSB 5995XS (4) 90 je/js 5/ 49
S.F. 2313 the boards receipt of the request for arbitration , or by a 1 deadline otherwise agreed upon by the parties . The parties may 2 continue to negotiate all offers until an agreement is reached 3 or an award is rendered by the arbitrator. The full costs of 4 arbitration under this section shall be shared equally by the 5 parties to the dispute. 6 3. The submission of the impasse items to the arbitrator 7 shall be limited to those items upon which the parties have 8 not reached agreement. With respect to each such item, the 9 arbitrators award shall be restricted to the final offers on 10 each impasse item submitted by the parties to the arbitrator , 11 except as provided in subsection 10 , paragraph b . 12 7. For an arbitration involving a bargaining unit that 13 has at least thirty percent of members who are public safety 14 employees, the The arbitrator shall consider and specifically 15 address in the arbitrators determination , in addition to any 16 other relevant factors, the following factors: 17 a. Past collective bargaining contracts between the parties 18 including the bargaining that led up to such contracts. 19 b. Comparison of wages, hours, and conditions of employment 20 of the involved public employees with those of other public 21 employees doing comparable work, giving consideration to 22 factors peculiar to the area and the classifications involved. 23 c. The interests and welfare of the public, the ability of 24 the public employer to finance economic adjustments, and the 25 effect of such adjustments on the normal standard of services. 26 d. The power of the public employer to levy taxes and 27 appropriate funds for the conduct of its operations. 28 9. a. The arbitrator may administer oaths, examine 29 witnesses and documents, take testimony and receive evidence, 30 and issue subpoenas to compel the attendance of witnesses and 31 the production of records. The arbitrator may petition the 32 district court at the seat of government or of the county 33 in which the hearing is held to enforce the order of the 34 arbitrator compelling the attendance of witnesses and the 35 -6- LSB 5995XS (4) 90 je/js 6/ 49
S.F. 2313 production of records. 1 b. Except as required for purposes of the consideration of 2 the factors specified in subsection 7 , paragraphs a through 3 c , and subsection 8 , paragraph a , subparagraphs (1) through 4 (3), the parties shall not introduce, and the arbitrator 5 shall not accept or consider, any direct or indirect evidence 6 regarding any subject excluded from negotiations pursuant to 7 section 20.9 . 8 10. a. The arbitrator shall select within fifteen 9 days after the hearing the most reasonable offer, in the 10 arbitrators judgment, of the final offers on each impasse item 11 submitted by the parties. 12 b. (1) However, for an arbitration involving a bargaining 13 unit that does not have at least thirty percent of members who 14 are public safety employees, with respect to any increase in 15 base wages, the arbitrators award shall not exceed the lesser 16 of the following percentages in any one-year period in the 17 duration of the bargaining agreement: 18 (a) Three percent. 19 (b) A percentage equal to the increase in the consumer 20 price index for all urban consumers for the midwest region, 21 if any, as determined by the United States department of 22 labor, bureau of labor statistics, or a successor index. Such 23 percentage shall be the change in the consumer price index 24 for the twelve-month period beginning eighteen months prior 25 to the month in which the impasse item regarding base wages 26 was submitted to the arbitrator and ending six months prior to 27 the month in which the impasse item regarding base wages was 28 submitted to the arbitrator. 29 (2) To assist the parties in the preparation of their final 30 offers on an impasse item regarding base wages, the board 31 shall provide information to the parties regarding the change 32 in the consumer price index for all urban consumers for the 33 midwest region for any twelve-month period. The department of 34 workforce development shall assist the board in preparing such 35 -7- LSB 5995XS (4) 90 je/js 7/ 49
S.F. 2313 information upon request. 1 Sec. 13. Section 20.22, subsection 8, Code 2024, is amended 2 by striking the subsection. 3 Sec. 14. Section 20.26, subsection 4, Code 2024, is amended 4 to read as follows: 5 4. Nothing in this section shall be construed to prohibit 6 voluntary contributions by individuals to political parties 7 or candidates , provided that such contributions are not made 8 through payroll deductions . 9 Sec. 15. Section 20.29, Code 2024, is amended to read as 10 follows: 11 20.29 Filing agreement public access internet site . 12 1. Collective bargaining agreements shall be in writing and 13 shall be signed by the parties. 14 2. A copy of a collective bargaining agreement entered into 15 between a public employer and a certified employee organization 16 and made final under this chapter shall be filed with the board 17 by the public employer within ten days of the date on which the 18 agreement is entered into. 19 3. Copies of collective bargaining agreements entered 20 into between the state and the state employees bargaining 21 representatives and made final under this chapter shall be 22 filed with the secretary of state and be made available to the 23 public at cost. 24 4. The board shall maintain an internet site that allows 25 searchable access to a database of collective bargaining 26 agreements and other collective bargaining information. 27 Sec. 16. Section 20.30, Code 2024, is amended by striking 28 the section and inserting in lieu thereof the following: 29 20.30 Supervisory member no reduction before retirement. 30 1. A supervisory member of any department or agency 31 employed by the state of Iowa shall not be granted a voluntary 32 reduction to a nonsupervisory rank or grade during the six 33 months preceding retirement of the member. A member of any 34 department or agency employed by the state of Iowa who retires 35 -8- LSB 5995XS (4) 90 je/js 8/ 49
S.F. 2313 in less than six months after voluntarily requesting and 1 receiving a reduction in rank or grade from a supervisory to a 2 nonsupervisory position shall be ineligible for a benefit to 3 which the member is entitled as a nonsupervisory member but is 4 not entitled as a supervisory member. 5 2. The provisions of this section shall be effective during 6 the collective bargaining agreement in effect from July 1, 7 1979, to June 30, 1981. 8 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph 9 1, Code 2024, is amended to read as follows: 10 A mediator shall not be required to testify in any judicial, 11 administrative, arbitration, or grievance proceeding regarding 12 any matters occurring in the course of a mediation, including 13 any verbal or written communication or behavior, other than 14 facts relating exclusively to the timing or scheduling of 15 mediation. A mediator shall not be required to produce or 16 disclose any documents, including notes, memoranda, or other 17 work product, relating to mediation, other than documents 18 relating exclusively to the timing or scheduling of mediation. 19 This subsection shall not apply in any of the following 20 circumstances: 21 Sec. 18. Section 22.7, subsection 69, Code 2024, is amended 22 to read as follows: 23 69. The evidence of public employee support for 24 the certification , retention and recertification, or 25 decertification of an employee organization as defined in 26 section 20.3 that is submitted to the public employment 27 relations board as provided in section 20.14 or 20.15 . 28 Sec. 19. Section 22.7, subsection 70, Code 2024, is amended 29 by striking the subsection. 30 Sec. 20. Section 70A.17A, Code 2024, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 3. This section shall not affect a payroll 33 deduction elected by a state employee pursuant to section 34 70A.19. 35 -9- LSB 5995XS (4) 90 je/js 9/ 49
S.F. 2313 Sec. 21. Section 70A.19, Code 2024, is amended by striking 1 the section and inserting in lieu thereof the following: 2 70A.19 Duration of state payroll deduction for dues of 3 employee organization member. 4 A state employee who elects a payroll deduction for 5 membership dues to an employee organization pursuant to the 6 provisions of a collective bargaining agreement negotiated 7 under the provisions of chapter 20 shall maintain the deduction 8 for a period of one year or until the expiration of the 9 collective bargaining agreement, whichever occurs first. A 10 state employee who transfers employment to a position covered 11 by a different collective bargaining agreement or who becomes 12 a management employee is not subject to this requirement. 13 With respect to state employees, this section supersedes the 14 provisions of section 20.9 allowing termination of a dues 15 checkoff at any time but does not supersede the requirement for 16 thirty days written notice of termination. 17 Sec. 22. Section 412.2, subsection 1, Code 2024, is amended 18 to read as follows: 19 1. From the proceeds of the assessments on the wages 20 and salaries of employees, of any such waterworks system, 21 or other municipally owned and operated public utility, 22 eligible to receive the benefits thereof. Notwithstanding 23 any provisions of section 20.9 to the contrary, a council, 24 board of waterworks, or other board or commission which 25 establishes a pension and annuity retirement system pursuant to 26 this chapter, shall negotiate in good faith with a certified 27 employee organization as defined in section 20.3, which is the 28 collective bargaining representative of the employees, with 29 respect to the amount or rate of the assessment on the wages 30 and salaries of employees and the method or methods for payment 31 of the assessment by the employees. 32 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code 33 2024, is amended to read as follows: 34 b. For purposes of chapter 20 , the certified representative, 35 -10- LSB 5995XS (4) 90 je/js 10/ 49
S.F. 2313 which on July 1, 1983, represents employees who become judicial 1 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 2 remain the certified representative when the employees become 3 judicial branch employees and thereafter, unless the public 4 employee organization is not retained and recertified or is 5 decertified in an election held under section 20.15 or amended 6 or absorbed into another certified organization pursuant to 7 chapter 20 . Collective bargaining negotiations shall be 8 conducted on a statewide basis and the certified employee 9 organizations which engage in bargaining shall negotiate on a 10 statewide basis, although bargaining units shall be organized 11 by judicial district. The public employment relations board 12 shall adopt rules pursuant to chapter 17A to implement this 13 subsection . 14 Sec. 24. REPEAL. Sections 20.32 and 20.33, Code 2024, are 15 repealed. 16 Sec. 25. TRANSITION PROCEDURES DEADLINE EMERGENCY 17 RULES. 18 1. As of the effective date of this division of this Act, 19 parties, mediators, and arbitrators engaging in any collective 20 bargaining procedures provided for in chapter 20, Code 2024, 21 who have not, before the effective date of this division 22 of this Act, completed such procedures, shall immediately 23 terminate any such procedures in process. A collective 24 bargaining agreement negotiated pursuant to such procedures in 25 process shall not become effective. Parties, mediators, and 26 arbitrators shall not engage in further collective bargaining 27 procedures except as provided in this section. Such parties 28 shall commence collective bargaining in accordance with section 29 20.17, as amended in this division of this Act. Such parties 30 shall complete such bargaining not later than June 30, 2024, 31 unless the parties mutually agree to a different deadline. 32 2. The public employment relations board shall adopt 33 emergency rules under section 17A.4, subsection 3, and section 34 17A.5, subsection 2, paragraph b, to provide for procedures 35 -11- LSB 5995XS (4) 90 je/js 11/ 49
S.F. 2313 as deemed necessary to implement the provisions of this 1 section within five business days of the effective date of 2 this Act and shall submit such rules to the administrative 3 rules coordinator and the administrative code editor pursuant 4 to section 17A.5, subsection 1, within the same period. The 5 rules shall be effective immediately upon filing unless a later 6 date is specified in the rules. Such rules shall include but 7 are not limited to alternative deadlines for completion of the 8 procedures provided in sections 20.17 and 20.22, as amended by 9 this division of this Act, and sections 20.19 and 20.20, which 10 deadlines may be waived by mutual agreement of the parties. 11 3. The department of administrative services shall adopt 12 emergency rules under section 17A.4, subsection 3, and 13 section 17A.5, subsection 2, paragraph b, to provide for the 14 implementation of section 70A.19, as amended by this division 15 of this Act within five business days of the effective date 16 of this Act and shall submit such rules to the administrative 17 rules coordinator and the administrative code editor pursuant 18 to section 17A.5, subsection 1, within the same period. The 19 rules shall be effective immediately upon filing unless a later 20 date is specified in the rules. 21 Sec. 26. ELECTIONS DIRECTIVES TO PUBLIC EMPLOYMENT 22 RELATIONS BOARD. 23 1. The public employment relations board shall cancel any 24 elections scheduled or in process pursuant to section 20.15, 25 subsection 2, Code 2024, as of the effective date of this Act. 26 2. Notwithstanding section 20.15, subsection 1, paragraph 27 c, Code 2024, the public employment relations board 28 shall consider a petition for certification of an employee 29 organization as the exclusive representative of a bargaining 30 unit for which an employee organization was not retained and 31 recertified as the exclusive representative of that bargaining 32 unit regardless of the amount of time that has elapsed since 33 the retention and recertification election at which an employee 34 organization was not retained or recertified. 35 -12- LSB 5995XS (4) 90 je/js 12/ 49
S.F. 2313 Sec. 27. EFFECTIVE DATE. This division of this Act, being 1 deemed of immediate importance, takes effect upon enactment. 2 Sec. 28. APPLICABILITY. With the exception of the 3 section of this division of this Act amending section 20.6, 4 subsection 1, this division of this Act does not apply to 5 collective bargaining agreements which have been ratified in a 6 ratification election referred to in section 20.17, subsection 7 4, for which an arbitrator has made a final determination as 8 described in section 20.22, subsection 11, or which have become 9 effective, when such events occurred before the effective 10 date of this division of this Act. This division of this Act 11 applies to all collective bargaining procedures provided for in 12 chapter 20 occurring on and after the effective date of this 13 division of this Act and collective bargaining agreements for 14 which a ratification election referred to in section 20.17, 15 subsection 4, is held, for which an arbitrator makes a final 16 determination as described in section 20.22, subsection 11, or 17 which become effective on or after the effective date of this 18 division of this Act. 19 DIVISION II 20 EDUCATOR EMPLOYMENT MATTERS 21 Sec. 29. Section 279.13, subsections 2 and 5, Code 2024, are 22 amended to read as follows: 23 2. The contract shall remain in force and effect for the 24 period stated in the contract and shall be automatically 25 continued for equivalent periods except as modified or 26 terminated by mutual agreement of the board of directors and 27 the teacher or as modified or terminated in accordance with 28 the provisions specified in this chapter . A contract shall 29 not be offered by the employing board to a teacher under its 30 jurisdiction prior to March 15 of any year. A teacher who has 31 not accepted a contract for the ensuing school year tendered 32 by the employing board may resign effective at the end of the 33 current school year by filing a written resignation with the 34 secretary of the board. The resignation must be filed not 35 -13- LSB 5995XS (4) 90 je/js 13/ 49
S.F. 2313 later than the last day of the current school year or the date 1 specified by the employing board for return of the contract, 2 whichever date occurs first. However, a teacher shall not be 3 required to return a contract to the board or to resign less 4 than twenty-one days after the contract has been offered. 5 5. Notwithstanding the other provisions of this section , a 6 temporary contract may be issued to a teacher for a period of 7 up to six months. Notwithstanding the other provisions of this 8 section , a temporary contract may also be issued to a teacher 9 to fill a vacancy created by a leave of absence in accordance 10 with the provisions of section 29A.28 , which contract shall 11 automatically terminate upon return from military leave of the 12 former incumbent of the teaching position . Temporary contracts 13 and which contract shall not be subject to the provisions of 14 sections 279.15 through 279.19 , or section 279.27 . A separate 15 extracurricular contract issued pursuant to section 279.19A to 16 a person issued a temporary contract under this section shall 17 automatically terminate with the termination of the temporary 18 contract as required under section 279.19A, subsection 8 . 19 Sec. 30. Section 279.13, subsection 4, unnumbered paragraph 20 1, Code 2024, is amended to read as follows: 21 For purposes of this section , sections 279.14 , 279.15 , 22 279.16 through 279.17 , 279.19 , and 279.27 , unless the context 23 otherwise requires, teacher includes the following individuals 24 employed by a community college: 25 Sec. 31. Section 279.14, Code 2024, is amended to read as 26 follows: 27 279.14 Evaluation criteria and procedures. 28 1. The board shall establish evaluation criteria and shall 29 implement evaluation procedures. If an exclusive bargaining 30 representative has been certified, the board shall negotiate 31 in good faith with respect to evaluation procedures pursuant 32 to chapter 20. 33 2. The determination of standards of performance expected 34 of school district personnel shall be reserved as an exclusive 35 -14- LSB 5995XS (4) 90 je/js 14/ 49
S.F. 2313 management right of the school board and shall not be subject 1 to mandatory negotiations under chapter 20 . Objections 2 Notwithstanding chapter 20, objections to the procedures, 3 use, or content of an evaluation in a teacher termination 4 proceeding brought before the school board in a hearing held in 5 accordance with section 279.16 or 279.27 shall not be subject 6 to any the grievance procedures negotiated in accordance with 7 chapter 20 . A school district shall not be obligated to 8 process any evaluation grievance after service of a notice and 9 recommendation to terminate an individuals continuing teaching 10 contract in accordance with this chapter. 11 Sec. 32. Section 279.15, subsection 2, paragraph c, Code 12 2024, is amended to read as follows: 13 c. Within five days of the receipt of the written notice 14 that the superintendent is recommending termination of the 15 contract, the teacher may request, in writing to the secretary 16 of the board, a private hearing with the board. The private 17 hearing shall not be subject to chapter 21 and shall be held 18 no sooner than twenty ten days and no later than forty twenty 19 days following the receipt of the request unless the parties 20 otherwise agree. The secretary of the board shall notify the 21 teacher in writing of the date, time, and location of the 22 private hearing, and at least ten five days before the hearing 23 shall also furnish to the teacher any documentation which 24 may be presented to the board at the private hearing and a 25 list of persons who may address the board in support of the 26 superintendents recommendation at the private hearing. At 27 least seven three days before the hearing, the teacher shall 28 provide any documentation the teacher expects to present at 29 the private hearing, along with the names of any persons who 30 may address the board on behalf of the teacher. This exchange 31 of information shall be at the time specified unless otherwise 32 agreed. 33 Sec. 33. Section 279.16, Code 2024, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -15- LSB 5995XS (4) 90 je/js 15/ 49
S.F. 2313 279.16 Private hearing decision record. 1 1. The participants at the private hearing shall be 2 at least a majority of the members of the board, their 3 legal representatives, if any, the superintendent, the 4 superintendents designated representatives, if any, the 5 teachers immediate supervisor, the teacher, the teachers 6 representatives, if any, and the witnesses for the parties. 7 The evidence at the private hearing shall be limited to the 8 specific reasons stated in the superintendents notice of 9 recommendation of termination. No participant in the hearing 10 shall be liable for any damages to any person if any statement 11 at the hearing is determined to be erroneous as long as the 12 statement was made in good faith. The superintendent shall 13 present evidence and argument on all issues involved and 14 the teacher may cross-examine, respond and present evidence 15 and argument in the teachers behalf relevant to all issues 16 involved. Evidence may be by stipulation of the parties and 17 informal settlement may be made by stipulation, consent, or 18 default or by any other method agreed upon by the parties in 19 writing. The board shall employ a certified shorthand reporter 20 to keep a record of the private hearing. The proceedings 21 or any part thereof shall be transcribed at the request of 22 either party with the expense of transcription charged to the 23 requesting party. 24 2. The presiding officer of the board may administer oaths 25 in the same manner and with like effect and under the same 26 penalties as in the case of magistrates exercising criminal 27 or civil jurisdiction. The board shall cause subpoenas to be 28 issued for such witnesses and the production of such books 29 and papers as either the board or the teacher may designate. 30 The subpoenas shall be signed by the presiding officer of the 31 board. 32 3. In case a witness is duly subpoenaed and refuses to 33 attend, or in case a witness appears and refuses to testify 34 or to produce required books or papers, the board shall, 35 -16- LSB 5995XS (4) 90 je/js 16/ 49
S.F. 2313 in writing, report such refusal to the district court of 1 the county in which the administrative office of the school 2 district is located, and the court shall proceed with the 3 person or witness as though the refusal had occurred in a 4 proceeding legally pending before the court. 5 4. The board shall not be bound by common law or statutory 6 rules of evidence or by technical or formal rules of procedure, 7 but it shall hold the hearing in such manner as is best suited 8 to ascertain and conserve the substantial rights of the 9 parties. Process and procedure under sections 279.13 through 10 279.19 shall be as summary as reasonably may be. 11 5. At the conclusion of the private hearing, the 12 superintendent and the teacher may file written briefs and 13 arguments with the board within three days or such other time 14 as may be agreed upon. 15 6. If the teacher fails to timely request a private hearing 16 or does not appear at the private hearing, the board may 17 proceed and make a determination upon the superintendents 18 recommendation. If the teacher fails to timely file a request 19 for a private hearing, the determination shall be not later 20 than May 31. If the teacher fails to appear at the private 21 hearing, the determination shall be not later than five days 22 after the scheduled date for the private hearing. The board 23 shall convene in open session and by roll call vote determine 24 the termination or continuance of the teachers contract 25 and, if the board votes to continue the teachers contract, 26 whether to suspend the teacher with or without pay for a period 27 specified by the board. 28 7. Within five days after the private hearing, the board 29 shall, in executive session, meet to make a final decision 30 upon the recommendation and the evidence as herein provided. 31 The board shall also consider any written brief and arguments 32 submitted by the superintendent and the teacher. 33 8. The record for a private hearing shall include: 34 a. All pleadings, motions and intermediate rulings. 35 -17- LSB 5995XS (4) 90 je/js 17/ 49
S.F. 2313 b. All evidence received or considered and all other 1 submissions. 2 c. A statement of all matters officially noticed. 3 d. All questions and offers of proof, objections, and 4 rulings thereon. 5 e. All findings and exceptions. 6 f. Any decision, opinion, or conclusion by the board. 7 g. Findings of fact shall be based solely on the evidence in 8 the record and on matters officially noticed in the record. 9 9. The decision of the board shall be in writing and shall 10 include findings of fact and conclusions of law, separately 11 stated. Findings of fact, if set forth in statutory language, 12 shall be accompanied by a concise and explicit statement of 13 the underlying facts supporting the findings. Each conclusion 14 of law shall be supported by cited authority or by reasoned 15 opinion. 16 10. When the board has reached a decision, opinion, or 17 conclusion, it shall convene in open meeting and by roll 18 call vote determine the continuance or discontinuance of the 19 teachers contract and, if the board votes to continue the 20 teachers contract, whether to suspend the teacher with or 21 without pay for a period specified by the board. The record 22 of the private conference and findings of fact and exceptions 23 shall be exempt from the provisions of chapter 22 . The 24 secretary of the board shall immediately mail notice of the 25 boards action to the teacher. 26 Sec. 34. NEW SECTION . 279.17 Appeal by teacher to 27 adjudicator. 28 1. If the teacher is no longer a probationary teacher, the 29 teacher may, within ten days, appeal the determination of the 30 board to an adjudicator by filing a notice of appeal with the 31 secretary of the board. The notice of appeal shall contain a 32 concise statement of the action which is the subject of the 33 appeal, the particular board action appealed from, the grounds 34 on which relief is sought and the relief sought. 35 -18- LSB 5995XS (4) 90 je/js 18/ 49
S.F. 2313 2. Within five days following receipt by the secretary 1 of the notice of appeal, the board or the boards legal 2 representative, if any, and the teacher or the teachers 3 representative, if any, may select an adjudicator who resides 4 within the boundaries of the merged area in which the school 5 district is located. If an adjudicator cannot be mutually 6 agreed upon within the five-day period, the secretary shall 7 notify the chairperson of the public employment relations board 8 by transmitting the notice of appeal, and the chairperson of 9 the public employment relations board shall within five days 10 provide a list of five adjudicators to the parties. Within 11 three days from receipt of the list of adjudicators, the 12 parties shall select an adjudicator by alternately removing a 13 name from the list until only one name remains. The person 14 whose name remains shall be the adjudicator. The parties shall 15 determine by lot which party shall remove the first name from 16 the list submitted by the chairperson of the public employment 17 relations board. The secretary of the board shall inform the 18 chairperson of the public employment relations board of the 19 name of the adjudicator selected. 20 3. If the teacher does not timely request an appeal to an 21 adjudicator, the decision, opinion, or conclusion of the board 22 shall become final and binding. 23 4. a. Within thirty days after filing the notice of appeal, 24 or within further time allowed by the adjudicator, the board 25 shall transmit to the adjudicator the original or a certified 26 copy of the entire record of the private hearing which may be 27 the subject of the petition. By stipulation of the parties 28 to review the proceedings, the record of the case may be 29 shortened. The adjudicator may require or permit subsequent 30 corrections or additions to the shortened record. 31 b. The record certified and filed by the board shall be the 32 record upon which the appeal shall be heard and no additional 33 evidence shall be heard by the adjudicator. In such appeal to 34 the adjudicator, especially when considering the credibility 35 -19- LSB 5995XS (4) 90 je/js 19/ 49
S.F. 2313 of witnesses, the adjudicator shall give weight to the fact 1 findings of the board but shall not be bound by them. 2 5. Before the date set for hearing a petition for review 3 of board action, which shall be within ten days after 4 receipt of the record unless otherwise agreed or unless the 5 adjudicator orders additional evidence be taken before the 6 board, application may be made to the adjudicator for leave to 7 present evidence in addition to that found in the record of the 8 case. If it is shown to the adjudicator that the additional 9 evidence is material and that there were good reasons for 10 failure to present it in the private hearing before the board, 11 the adjudicator may order that the additional evidence be taken 12 before the board upon conditions determined by the adjudicator. 13 The board may modify its findings and decision in the case by 14 reason of the additional evidence and shall file that evidence 15 and any modifications, new findings, or decisions, with the 16 adjudicator and mail copies of the new findings or decisions 17 to the teacher. 18 6. The adjudicator may affirm board action or remand to the 19 board for further proceedings. The adjudicator shall reverse, 20 modify, or grant any appropriate relief from the board action 21 if substantial rights of the teacher have been prejudiced 22 because the board action is any of the following: 23 a. In violation of a board rule or policy or contract. 24 b. Unsupported by a preponderance of the competent evidence 25 in the record made before the board when that record is viewed 26 as a whole. 27 c. Unreasonable, arbitrary, or capricious, or characterized 28 by an abuse of discretion or a clearly unwarranted exercise of 29 discretion. 30 7. The adjudicator shall, within fifteen days after the 31 hearing, make a decision and shall give a copy of the decision 32 to the teacher and the secretary of the board. The decision 33 of the adjudicator shall become the final and binding decision 34 of the board unless either party within ten days notifies the 35 -20- LSB 5995XS (4) 90 je/js 20/ 49
S.F. 2313 secretary of the board that the decision is rejected. The 1 board may reject the decision by majority roll call vote, in 2 open meeting, entered into the minutes of the meeting. The 3 board shall immediately notify the teacher of its decision 4 by certified mail. The teacher may reject the adjudicators 5 decision by notifying the boards secretary in writing within 6 ten days of the filing of such decision. 7 8. All costs of the adjudicator shall be shared equally by 8 the teacher and the board. 9 Sec. 35. Section 279.18, Code 2024, is amended by striking 10 the section and inserting in lieu thereof the following: 11 279.18 Appeal by either party to court. 12 1. If either party rejects the adjudicators decision, 13 the rejecting party shall, within thirty days of the initial 14 filing of such decision, appeal to the district court of 15 the county in which the administrative office of the school 16 district is located. The notice of appeal shall be immediately 17 mailed by certified mail to the other party. The adjudicator 18 shall transmit to the reviewing court the original or a 19 certified copy of the entire record which may be the subject 20 of the petition. By stipulation of all parties to the review 21 proceedings, the record of such a case may be shortened. A 22 party unreasonably refusing to stipulate to limit the record 23 may be taxed by the court for the additional cost. The court 24 may require or permit subsequent corrections or additions to 25 the shortened record. 26 2. In proceedings for judicial review of the adjudicators 27 decision, the court shall not hear any further evidence 28 but shall hear the case upon the certified record. In such 29 judicial review, especially when considering the credibility of 30 witnesses, the court shall give weight to the fact findings of 31 the board but shall not be bound by them. The court may affirm 32 the adjudicators decision or remand to the adjudicator or the 33 board for further proceedings upon conditions determined by the 34 court. The court shall reverse, modify, or grant any other 35 -21- LSB 5995XS (4) 90 je/js 21/ 49
S.F. 2313 appropriate relief from the board decision or the adjudicators 1 decision equitable or legal and including declaratory relief 2 if substantial rights of the petitioner have been prejudiced 3 because the action is any of the following: 4 a. In violation of constitutional or statutory provisions. 5 b. In excess of the statutory authority of the board or the 6 adjudicator. 7 c. In violation of a board rule or policy or contract. 8 d. Made upon unlawful procedure. 9 e. Affected by other error of law. 10 f. Unsupported by a preponderance of the competent evidence 11 in the record made before the board and the adjudicator when 12 that record is viewed as a whole. 13 g. Unreasonable, arbitrary, or capricious, or characterized 14 by an abuse of discretion or a clearly unwarranted exercise of 15 discretion. 16 3. An aggrieved or adversely affected party to the judicial 17 review proceeding may obtain a review of any final judgment of 18 the district court by appeal to the supreme court. The appeal 19 shall be taken as in other civil cases, although the appeal may 20 be taken regardless of the amount involved. 21 4. For purposes of this section, unless the context 22 otherwise requires, rejecting party shall include but not be 23 limited to an instructor employed by a community college. 24 Sec. 36. Section 279.19, Code 2024, is amended by striking 25 the section and inserting in lieu thereof the following: 26 279.19 Probationary period. 27 1. The first three consecutive years of employment of 28 a teacher in the same school district are a probationary 29 period. However, if the teacher has successfully completed a 30 probationary period of employment for another school district 31 located in Iowa, the probationary period in the current 32 district of employment shall not exceed one year. A board of 33 directors may waive the probationary period for any teacher who 34 previously has served a probationary period in another school 35 -22- LSB 5995XS (4) 90 je/js 22/ 49
S.F. 2313 district and the board may extend the probationary period for 1 an additional year with the consent of the teacher. 2 2. a. In the case of the termination of a probationary 3 teachers contract, the provisions of sections 279.15 and 4 279.16 shall apply. However, if the probationary teacher is a 5 beginning teacher who fails to demonstrate competence in the 6 Iowa teaching standards in accordance with chapter 284, the 7 provisions of sections 279.17 and 279.18 shall also apply. 8 b. The boards decision shall be final and binding unless 9 the termination was based upon an alleged violation of a 10 constitutionally guaranteed right of the teacher or an alleged 11 violation of public employee rights of the teacher under 12 section 20.10. 13 3. Notwithstanding any provision to the contrary, the 14 grievance procedures of section 20.18 relating to job 15 performance or job retention shall not apply to a teacher 16 during the first two years of the teachers probationary 17 period. However, this subsection shall not apply to a teacher 18 who has successfully completed a probationary period in a 19 school district in Iowa. 20 Sec. 37. Section 279.19A, subsections 1, 2, 7, and 8, Code 21 2024, are amended to read as follows: 22 1. School districts employing individuals to coach 23 interscholastic athletic sports shall issue a separate 24 extracurricular contract for each of these sports. An 25 extracurricular contract offered under this section shall be 26 separate from the contract issued under section 279.13 . Wages 27 for employees who coach these sports shall be paid pursuant 28 to established or negotiated supplemental pay schedules. 29 An extracurricular contract shall be in writing, and shall 30 state the number of contract days for that sport, the annual 31 compensation to be paid, and any other matters as may be 32 mutually agreed upon. The contract shall be for a single 33 school year. 34 2. a. An extracurricular contract shall be continued 35 -23- LSB 5995XS (4) 90 je/js 23/ 49
S.F. 2313 automatically in force and effect for equivalent periods, 1 except as modified or terminated by mutual agreement of 2 the board of directors and the employee, or terminated in 3 accordance with this section. An extracurricular contract 4 shall initially be offered by the employing board to an 5 individual on the same date that contracts are offered to 6 teachers under section 279.13. An extracurricular contract 7 may be terminated at the end of a school year pursuant to 8 sections 279.15 through 279.19. If the school district offers 9 an extracurricular contract for a sport for the subsequent 10 school year to an employee who is currently performing 11 under an extracurricular contract for that sport, and the 12 employee does not wish to accept the extracurricular contract 13 for the subsequent year, the employee may resign from the 14 extracurricular contract within twenty-one days after it has 15 been received. 16 b. If the provisions of an extracurricular contract executed 17 under this section conflict with a collective bargaining 18 agreement negotiated under chapter 20 and effective when the 19 extracurricular contract is executed or renewed, the provisions 20 of the collective bargaining agreement shall prevail Section 21 279.13, subsection 3, applies to this section . 22 7. An extracurricular contract may be terminated prior to 23 the expiration of that contract for any lawful reason following 24 an informal, private hearing before the board of directors 25 pursuant to section 279.27 . The decision of the board to 26 terminate an extracurricular contract shall be final. 27 8. a. A termination proceeding regarding an extracurricular 28 contract shall either by the board pursuant to subsection 2 or 29 pursuant to section 279.27 does not affect a contract issued 30 pursuant to section 279.13 . 31 b. A termination of a contract entered into pursuant to 32 section 279.13 , or a resignation from that contract by the 33 teacher, constitutes an automatic termination or resignation of 34 the extracurricular contract in effect between the same teacher 35 -24- LSB 5995XS (4) 90 je/js 24/ 49
S.F. 2313 and the employing school board. 1 Sec. 38. Section 279.23, subsection 1, paragraph c, Code 2 2024, is amended to read as follows: 3 c. The rate of compensation per week of five consecutive 4 days or per month of four consecutive weeks . 5 Sec. 39. Section 279.23, subsection 5, Code 2024, is amended 6 to read as follows: 7 5. Notwithstanding the other provisions of this section , 8 a temporary contract may be issued to an administrator for 9 up to nine months. Notwithstanding the other provisions of 10 this section , a temporary contract may also be issued to 11 an administrator to fill a vacancy created by a leave of 12 absence in accordance with the provisions of section 29A.28 , 13 which contract shall automatically terminate upon return from 14 military leave of the former incumbent of the administrator 15 position . Temporary contracts and which contract shall not be 16 subject to the provisions of sections 279.24 and 279.25 . 17 Sec. 40. Section 279.24, subsections 2 and 4, Code 2024, are 18 amended to read as follows: 19 2. If the board of directors is considering termination of 20 an administrators contract, prior to any formal action, the 21 board may arrange to meet in closed session, in accordance with 22 the provisions of section 21.5 , with the administrator and the 23 administrators representative. The board shall review the 24 administrators evaluation, review the reasons for nonrenewal, 25 and give the administrator an opportunity to respond. If, 26 following the closed session, the board of directors and the 27 administrator are unable to mutually agree to a modification 28 or termination of the administrators contract, or the board 29 of directors may issue and the administrator are unable to 30 mutually agree to enter into a one-year , nonrenewable contract , 31 to the administrator. If the board of directors decides to 32 terminate the administrators contract, the board shall follow 33 the procedures in this section . 34 4. Administrators employed in a school district for 35 -25- LSB 5995XS (4) 90 je/js 25/ 49
S.F. 2313 less than three two consecutive years are probationary 1 administrators. However, a school board may waive the 2 probationary period for any administrator who has previously 3 served a probationary period in another school district and 4 the school board may extend the probationary period for an 5 additional year with the consent of the administrator. If a 6 school board determines that it should terminate a probationary 7 administrators contract, the school board shall notify the 8 administrator not later than May 15 that the contract will not 9 be renewed beyond the current year. The notice shall be in 10 writing by letter, personally delivered, or mailed by certified 11 mail. The notification shall be complete when received by the 12 administrator. Within ten days after receiving the notice, the 13 administrator may request a private conference with the school 14 board to discuss the reasons for termination. The school 15 boards decision to terminate a probationary administrators 16 contract shall be final unless the termination was based upon 17 an alleged violation of a constitutionally guaranteed right of 18 the administrator. 19 Sec. 41. Section 279.24, subsection 5, paragraphs c, d, e, 20 f, g, and h, Code 2024, are amended to read as follows: 21 c. Within five days after receipt of the written notice 22 that the school board has voted to consider termination of 23 the contract, the administrator may request a private hearing 24 in writing to the secretary of the school board . The board 25 shall then forward that the notification be forwarded to the 26 board of educational examiners along with a request that the 27 board of educational examiners submit a list of five qualified 28 administrative law judges who are employed by the division 29 of administrative hearings created by section 10A.801 to the 30 parties. Within three days from receipt of the list the 31 parties shall select an administrative law judge by alternately 32 removing a name from the list until only one name remains. 33 The person whose name remains shall be the administrative law 34 judge. The parties shall determine by lot which party shall 35 -26- LSB 5995XS (4) 90 je/js 26/ 49
S.F. 2313 remove the first name from the list. The private hearing shall 1 be held no sooner than twenty ten days and not later than forty 2 thirty days following the administrators request unless the 3 parties otherwise agree. If the administrator does not request 4 a private hearing, the school board, not later than May 31, may 5 determine the continuance or discontinuance of the contract 6 and, if the board determines to continue the administrators 7 contract, whether to suspend the administrator with or without 8 pay for a period specified by the board. School board action 9 shall be by majority roll call vote entered on the minutes of 10 the meeting. Notice of school board action shall be personally 11 delivered or mailed to the administrator. 12 d. The administrative law judge selected shall notify 13 the secretary of the school board and the administrator in 14 writing concerning the date, time, and location of the private 15 hearing. The school board may be represented by a legal 16 representative, if any, and the administrator shall appear and 17 may be represented by counsel or by representative, if any. 18 Any witnesses for the parties at the private hearing shall be 19 sequestered. A transcript or recording shall be made of the 20 proceedings at the private hearing. A school board member or 21 administrator is not liable for any damage to an administrator 22 or school board member if a statement made at the private 23 hearing is determined to be erroneous as long as the statement 24 was made in good faith. 25 e. The administrative law judge shall, within ten days 26 following the date of the private hearing, make a proposed 27 decision as to whether or not the administrator should be 28 dismissed, and shall give a copy of the proposed decision to 29 the administrator and the school board. Findings of fact shall 30 be prepared by the administrative law judge. The proposed 31 decision of the administrative law judge shall become the final 32 decision of the school board unless within thirty ten days 33 after the filing of the decision the administrator files a 34 written notice of appeal with the school board, or the school 35 -27- LSB 5995XS (4) 90 je/js 27/ 49
S.F. 2313 board on its own motion determines to review the decision. 1 f. If the administrator appeals to the school board, or if 2 the school board determines on its own motion to review the 3 proposed decision of the administrative law judge, a private 4 hearing shall be held before the school board within ten five 5 days after the petition for review, or motion for review, has 6 been made or at such other time as the parties agree. The 7 private hearing is not subject to chapter 21 . The school board 8 may hear the case de novo upon the record as submitted before 9 the administrative law judge. In cases where there is an 10 appeal from a proposed decision or where a proposed decision 11 is reviewed on motion of the school board, an opportunity 12 shall be afforded to each party to file exceptions, present 13 briefs, and present oral arguments to the school board which 14 is to render the final decision. The secretary of the school 15 board shall give the administrator written notice of the time, 16 place, and date of the private hearing. The school board shall 17 meet within five days after the private hearing to determine 18 the question of continuance or discontinuance of the contract 19 and, if the board determines to continue the administrators 20 contract, whether to suspend the administrator with or 21 without pay for a period specified by the board or issue the 22 administrator a one-year, nonrenewable contract . The school 23 board shall make findings of fact which shall be based solely 24 on the evidence in the record and on matters officially noticed 25 in the record. 26 g. The decision of the school board shall be in writing 27 and shall include findings of fact and conclusions of law, 28 separately stated . Findings of fact, if set forth in statutory 29 language, shall be accompanied by a concise and explicit 30 statement of the underlying facts supporting the findings. 31 Each conclusion of law shall be supported by cited authority 32 or by reasoned opinion. 33 h. When the school board has reached a decision, opinion, 34 or conclusion, it shall convene in open meeting and by roll 35 -28- LSB 5995XS (4) 90 je/js 28/ 49
S.F. 2313 call vote determine the continuance or discontinuance of 1 the administrators contract and, if the board votes to 2 continue the administrators contract, whether to suspend the 3 administrator with or without pay for a period specified by 4 the board or issue the administrator a one-year, nonrenewable 5 contract . The record of the private hearing conference and 6 written decision of the board findings of fact and exceptions 7 shall be exempt from the provisions of chapter 22 . The 8 secretary of the school board shall immediately personally 9 deliver or mail notice of the school boards action to the 10 administrator. 11 Sec. 42. Section 279.27, Code 2024, is amended to read as 12 follows: 13 279.27 Discharge of teacher. 14 1. A teacher may be discharged at any time during the 15 contract year for just cause. The superintendent or the 16 superintendents designee, shall notify the teacher immediately 17 that the superintendent will recommend in writing to the board 18 at a regular or special meeting of the board held not more 19 than fifteen days after notification has been given to the 20 teacher that the teachers continuing contract be terminated 21 effective immediately following a decision of the board. 22 The procedure for dismissal shall be as provided in section 23 279.15, subsection 2 , and sections 279.16 through 279.19 . The 24 superintendent may suspend a teacher under this section pending 25 hearing and determination by the board. 26 2. For purposes of this section , just cause includes 27 but is not limited to a violation of the code of professional 28 conduct and ethics of the board of educational examiners if 29 the board has taken disciplinary action against a teacher, 30 during the six months following issuance by the board of a 31 final written decision and finding of fact after a disciplinary 32 proceeding. 33 Sec. 43. Section 284.3, subsection 2, Code 2024, is amended 34 to read as follows: 35 -29- LSB 5995XS (4) 90 je/js 29/ 49
S.F. 2313 2. A school board shall provide for the following: 1 a. For purposes of comprehensive evaluations, standards 2 and criteria which measure a beginning teachers performance 3 against the Iowa teaching standards specified in subsection 1 , 4 and the criteria for the Iowa teaching standards developed by 5 the department in accordance with section 256.9 , to determine 6 whether the teachers practice meets the requirements specified 7 for a career teacher. These standards and criteria shall be 8 set forth in an instrument provided by the department. The 9 comprehensive evaluation and instrument are not subject to 10 negotiations or grievance procedures pursuant to chapter 20 or 11 determinations made by the board of directors under section 12 279.14 . A local school board and its certified bargaining 13 representative may negotiate, pursuant to chapter 20, 14 evaluation and grievance procedures for beginning teachers that 15 are not in conflict with this chapter. If, in accordance with 16 section 279.19, a beginning teacher appeals the determination 17 of a school board to an adjudicator under section 279.17, the 18 adjudicator selected shall have successfully completed training 19 related to the Iowa teacher standards, the criteria adopted 20 by the state board in accordance with subsection 3, and any 21 additional training required under rules adopted by the public 22 employment relations board in cooperation with the state board. 23 b. For purposes of performance reviews for teachers other 24 than beginning teachers, evaluations that contain, at a 25 minimum, the Iowa teaching standards specified in subsection 26 1 , as well as the criteria for the Iowa teaching standards 27 developed by the department in accordance with section 28 256.9, subsection 42 . A local school board and its certified 29 bargaining representative may negotiate, pursuant to chapter 30 20, additional teaching standards and criteria. A local 31 school board and its certified bargaining representative shall 32 negotiate, pursuant to chapter 20, evaluation and grievance 33 procedures for teachers other than beginning teachers that are 34 not in conflict with this chapter. 35 -30- LSB 5995XS (4) 90 je/js 30/ 49
S.F. 2313 Sec. 44. Section 284.4, subsection 1, paragraph b, 1 subparagraphs (2) and (5), Code 2024, are amended to read as 2 follows: 3 (2) Monitor the evaluation requirements of this chapter 4 to ensure evaluations are conducted in a fair and consistent 5 manner throughout the school district or agency. The In 6 addition to any negotiated evaluation procedures, the committee 7 shall develop model evidence for the Iowa teaching standards 8 and criteria. The model evidence will minimize paperwork 9 and focus on teacher improvement. The model evidence will 10 determine which standards and criteria can be met with 11 observation and which evidence meets multiple standards and 12 criteria. 13 (5) Determine Ensure the agreement negotiated pursuant to 14 chapter 20 determines the compensation for teachers on the 15 committee for work responsibilities required beyond the normal 16 work day. 17 Sec. 45. Section 284.8, subsections 2 and 3, Code 2024, are 18 amended to read as follows: 19 2. If a supervisor or an evaluator determines, at any time, 20 as a result of a teachers performance that the teacher is not 21 meeting district expectations under the Iowa teaching standards 22 specified in section 284.3, subsection 1 , paragraphs a 23 through h , and the criteria for the Iowa teaching standards 24 developed by the department in accordance with section 256.9, 25 subsection 42 , and any other standards or criteria established 26 in the collective bargaining agreement, the evaluator shall, 27 at the direction of the teachers supervisor, recommend to 28 the district that the teacher participate in an intensive 29 assistance program. The intensive assistance program and its 30 implementation are not subject to negotiation and grievance 31 procedures established pursuant to chapter 20 . All school 32 districts shall be prepared to offer an intensive assistance 33 program. 34 3. A teacher who is not meeting the applicable standards and 35 -31- LSB 5995XS (4) 90 je/js 31/ 49
S.F. 2313 criteria based on a determination made pursuant to subsection 2 1 shall participate in an intensive assistance program. However, 2 a teacher who has previously participated in an intensive 3 assistance program relating to particular Iowa teaching 4 standards or criteria shall not be entitled to participate 5 in another intensive assistance program relating to the same 6 standards or criteria and shall be subject to the provisions of 7 subsection 4 . 8 Sec. 46. Section 284.8, subsection 4, Code 2024, is amended 9 by striking the subsection. 10 Sec. 47. EFFECTIVE DATE. This division of this Act, being 11 deemed of immediate importance, takes effect upon enactment. 12 Sec. 48. APPLICABILITY. This division of this Act applies 13 to employment contracts of school employees entered into 14 pursuant to chapter 279 on and after the effective date of 15 this division of this Act. This division of this Act does 16 not apply to collective bargaining agreements which have been 17 ratified in a ratification election referred to in section 18 20.17, subsection 4, for which an arbitrator has made a final 19 determination as described in section 20.22, subsection 11, 20 or which have become effective, when such events occurred 21 before the effective date of this division of this Act. This 22 division of this Act applies to all collective bargaining 23 procedures provided for in chapter 20 occurring on and after 24 the effective date of this division of this Act and collective 25 bargaining agreements pursuant to chapter 20 for which a 26 ratification election referred to in section 20.17, subsection 27 4, is held, for which an arbitrator makes a final determination 28 as described in section 20.22, subsection 11, or which become 29 effective on or after the effective date of this division of 30 this Act. 31 DIVISION III 32 PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS 33 Sec. 49. Section 22.7, subsection 11, paragraph a, 34 subparagraph (5), Code 2024, is amended to read as follows: 35 -32- LSB 5995XS (4) 90 je/js 32/ 49
S.F. 2313 (5) The fact that the individual resigned in lieu of 1 termination, was discharged , or was demoted as the result of 2 a final disciplinary action , and the documented reasons and 3 rationale for the resignation in lieu of termination, the 4 discharge, or the demotion. For purposes of this subparagraph, 5 demoted and demotion mean a change of an employee from 6 a position in a given classification to a position in a 7 classification having a lower pay grade upon the exhaustion of 8 all applicable contractual, legal, and statutory remedies . 9 Sec. 50. REPEAL. Sections 22.13A and 22.15, Code 2024, are 10 repealed. 11 Sec. 51. EFFECTIVE DATE. This division of this Act, being 12 deemed of immediate importance, takes effect upon enactment. 13 Sec. 52. APPLICABILITY. This division of this Act applies 14 to requests for records pursuant to chapter 22 submitted on or 15 after the effective date of this division of this Act. 16 DIVISION IV 17 CITY CIVIL SERVICE REQUIREMENTS 18 Sec. 53. Section 400.12, subsection 4, Code 2024, is amended 19 by striking the subsection. 20 Sec. 54. Section 400.17, subsection 4, Code 2024, is amended 21 to read as follows: 22 4. A person shall not be appointed, denied appointment, 23 promoted, removed, discharged, suspended, or demoted to or 24 from a civil service position or in any other way favored or 25 discriminated against in that position because of political 26 or religious opinions or affiliations, race, national origin, 27 sex, or age, or in retaliation for the exercise of any right 28 enumerated in this chapter . However, the maximum age for a 29 police officer or fire fighter covered by this chapter and 30 employed for police duty or the duty of fighting fires is 31 sixty-five years of age. 32 Sec. 55. Section 400.18, Code 2024, is amended by striking 33 the section and inserting in lieu thereof the following: 34 400.18 Removal, demotion, or suspension. 35 -33- LSB 5995XS (4) 90 je/js 33/ 49
S.F. 2313 1. A person holding civil service rights as provided in 1 this chapter shall not be removed, demoted, or suspended 2 arbitrarily, except as otherwise provided in this chapter, but 3 may be removed, demoted, or suspended after a hearing by a 4 majority vote of the civil service commission, for neglect of 5 duty, disobedience, misconduct, or failure to properly perform 6 the persons duties. 7 2. The party alleging neglect of duty, disobedience, 8 misconduct, or failure to properly perform a duty shall have 9 the burden of proof. 10 3. A person subject to a hearing has the right to be 11 represented by counsel at the persons expense or by the 12 persons authorized collective bargaining representative. 13 Sec. 56. Section 400.19, Code 2024, is amended to read as 14 follows: 15 400.19 Removal , or discharge , demotion, or suspension of 16 subordinates. 17 The person having the appointing power as provided in 18 this chapter , or the chief of police or chief of the fire 19 department, may , upon presentation of grounds for such action 20 to the subordinate in writing, peremptorily remove, discharge, 21 demote, or suspend , demote, or discharge a subordinate then 22 under the persons or chiefs direction due to any act or 23 failure to act by the employee that is in contravention of law, 24 city policies, or standard operating procedures, or that in 25 the judgment of the person or chief is sufficient to show that 26 the employee is unsuitable or unfit for employment for neglect 27 of duty, disobedience of orders, misconduct, or failure to 28 properly perform the subordinates duties . 29 Sec. 57. Section 400.20, Code 2024, is amended to read as 30 follows: 31 400.20 Appeal. 32 The removal, discharge suspension , demotion, or suspension 33 discharge of a person holding civil service rights may be 34 appealed to the civil service commission within fourteen 35 -34- LSB 5995XS (4) 90 je/js 34/ 49
S.F. 2313 calendar days after the removal, discharge suspension , 1 demotion, or suspension discharge . 2 Sec. 58. Section 400.21, Code 2024, is amended to read as 3 follows: 4 400.21 Notice of appeal. 5 If the appeal be taken by the person removed, discharged 6 suspended , demoted, or suspended discharged , notice of the 7 appeal, signed by the appellant and specifying the ruling 8 appealed from, shall be filed with the clerk of the commission. 9 If the appeal is taken by the person making such removal, 10 discharge suspension , demotion, or suspension discharge , such 11 notice shall also be served upon the person removed, discharged 12 suspended , demoted, or suspended discharged . 13 Sec. 59. Section 400.22, Code 2024, is amended to read as 14 follows: 15 400.22 Charges. 16 Within fourteen calendar days from the service of the notice 17 of appeal, the person or body making the ruling appealed 18 from shall file with the body to which the appeal is taken a 19 written specification of the charges and grounds upon which the 20 ruling was based. If the charges are not filed, the person 21 removed, suspended or discharged , demoted, or suspended may 22 present the matter to the body to whom the appeal is to be 23 taken by affidavit, setting forth the facts, and the body to 24 whom the appeal is to be taken shall immediately enter an 25 order reinstating the person removed, suspended or discharged , 26 demoted, or suspended for want of prosecution. 27 Sec. 60. Section 400.27, subsection 3, Code 2024, is amended 28 to read as follows: 29 3. The city or any civil service employee shall have a 30 right to appeal to the district court from the final ruling or 31 decision of the civil service commission. The appeal shall be 32 taken within thirty days from the filing of the formal decision 33 of the commission. The district court of the county in which 34 the city is located shall have full jurisdiction of the appeal. 35 -35- LSB 5995XS (4) 90 je/js 35/ 49
S.F. 2313 The scope of review for the appeal shall be limited to de novo 1 appellate review without a trial or additional evidence The 2 appeal shall be a trial de novo as an equitable action in the 3 district court . 4 Sec. 61. Section 400.28, Code 2024, is amended by striking 5 the section and inserting in lieu thereof the following: 6 400.28 Employees number diminished. 7 1. When the public interest requires a diminution of 8 employees in a classification or grade under civil service, 9 the city council, acting in good faith, may do either of the 10 following: 11 a. Abolish the office and remove the employee from the 12 employees classification or grade thereunder. 13 b. Reduce the number of employees in any classification or 14 grade by suspending the necessary number. 15 2. In case it becomes necessary to remove or suspend any 16 such employees, the persons so removed or suspended shall 17 be those having seniority of the shortest duration in the 18 classifications or grades affected, and such seniority shall be 19 computed as provided in section 400.12 for all persons holding 20 seniority in the classification or grade affected, regardless 21 of their seniority in any other classification or grade, but 22 any such employee so removed from any classification or grade 23 shall revert to the employees seniority in the next lower 24 grade or classification; if such seniority is equal, then the 25 one less efficient and competent as determined by the person or 26 body having the appointing power shall be the one affected. 27 3. In case of removal or suspension, the civil service 28 commission shall issue to each person affected one certificate 29 showing the persons comparative seniority or length of service 30 in each of the classifications or grades from which the person 31 is so removed and the fact that the person has been honorably 32 removed. The certificate shall also list each classification 33 or grade in which the person was previously employed. The 34 persons name shall be carried for a period of not less than 35 -36- LSB 5995XS (4) 90 je/js 36/ 49
S.F. 2313 three years after the suspension or removal on a preferred list 1 and appointments or promotions made during that period to the 2 persons former duties in the classification or grade shall 3 be made in the order of greater seniority from the preferred 4 lists. 5 Sec. 62. SENIORITY RIGHTS REESTABLISHED. The seniority 6 rights of any civil service employee extinguished pursuant to 7 section 400.12, subsection 4, on or after February 17, 2017, 8 are hereby reestablished, including accrual of seniority during 9 the period of extinguishment. 10 Sec. 63. EFFECTIVE DATE. This division of this Act, being 11 deemed of immediate importance, takes effect upon enactment. 12 Sec. 64. APPLICABILITY. This division of this Act applies 13 to employment actions taken on or after the effective date of 14 this division of this Act. 15 DIVISION V 16 HEALTH INSURANCE MATTERS 17 Sec. 65. REPEAL. Section 70A.41, Code 2024, is repealed. 18 Sec. 66. EFFECTIVE DATE. This division of this Act, being 19 deemed of immediate importance, takes effect upon enactment. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanations substance by the members of the general assembly. 23 This bill relates to employment matters involving public 24 employees including collective bargaining, educator employment 25 matters, personnel records and settlement agreements, city 26 civil service requirements, and health insurance matters. The 27 bill generally strikes statutory changes made by 2017 Iowa 28 Acts, House File 291, and restores statutory language in effect 29 prior to the enactment of 2017 Iowa Acts, House File 291. 30 DIVISION I PUBLIC EMPLOYEE COLLECTIVE BARGAINING. 31 This division makes a variety of changes to Code chapter 32 20, the public employment relations Act, as well as other 33 Code provisions relating to collective bargaining by public 34 employees. 35 -37- LSB 5995XS (4) 90 je/js 37/ 49
S.F. 2313 ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE 1 CATEGORIES. The division eliminates public safety employees 2 and transit employees as separate categories of employees for 3 the purposes of public employee collective bargaining, making 4 affected provisions of Code chapter 20 applicable to all public 5 employees governed by Code chapter 20. 6 SCOPE OF NEGOTIATIONS. The division makes changes to 7 subjects which are negotiated through collective bargaining 8 between public employers and public employees under Code 9 section 20.9. 10 The division provides that the scope of negotiations for 11 all public employees shall consist of wages, hours, vacations, 12 insurance, holidays, leaves of absence, shift differentials, 13 overtime compensation, supplemental pay, seniority, transfer 14 procedures, job classifications, health and safety matters, 15 evaluation procedures, procedures for staff reduction, 16 in-service training, dues checkoff, grievance procedures for 17 resolving any questions arising under the agreement, and 18 other matters mutually agreed upon. The division provides 19 that retirement systems shall be excluded from the scope of 20 negotiations. 21 The division strikes language providing that mandatory 22 subjects of negotiation under Code section 20.9 shall be 23 interpreted narrowly and restrictively. The division strikes 24 language limiting the term of a collective bargaining agreement 25 entered into pursuant to Code chapter 20 to a maximum of five 26 years. 27 ARBITRATION PROCEDURES. The division makes changes to the 28 procedures for arbitration of impasses in collective bargaining 29 between public employers and public employees under Code 30 section 20.22. 31 The division modifies the factors that an arbitrator is 32 required to consider in addition to any other relevant factors 33 in making a final determination on an impasse item. The 34 division requires an arbitrator to consider past collective 35 -38- LSB 5995XS (4) 90 je/js 38/ 49
S.F. 2313 bargaining contracts between the parties including the 1 bargaining that led up to such contracts; comparison of wages, 2 hours, and conditions of employment of the involved public 3 employees with those of other public employees doing comparable 4 work, giving consideration to factors peculiar to the area and 5 the classifications involved; the interests and welfare of the 6 public, the ability of the public employer to finance economic 7 adjustments, and the effect of such adjustments on the normal 8 standard of services; and the power of the public employer 9 to levy taxes and appropriate funds for the conduct of its 10 operations. 11 The division strikes language permitting the parties to 12 agree to change the four-day deadline to serve final offers on 13 impasse items after a request for arbitration is received. 14 The division strikes language prohibiting the parties to an 15 arbitration from introducing, and the arbitrator from accepting 16 or considering, any direct or indirect evidence regarding any 17 subject excluded from negotiations pursuant to Code section 18 20.9. 19 The division strikes language providing for a maximum 20 increase in base wages in an arbitrators award. 21 PUBLIC EMPLOYEE ELECTIONS. The division makes changes to 22 public employee elections conducted pursuant to Code section 23 20.15. 24 The division strikes language providing for retention and 25 recertification elections and requires the public employment 26 relations board (PERB) to cancel any such elections scheduled 27 or in process. The division requires the PERB to consider a 28 petition for certification of an employee organization as the 29 exclusive representative of a bargaining unit for which an 30 employee organization was not retained and recertified as the 31 exclusive representative of that bargaining unit regardless of 32 the amount of time that has elapsed since the retention and 33 recertification election, notwithstanding prior requirements 34 prohibiting such consideration for two years. 35 -39- LSB 5995XS (4) 90 je/js 39/ 49
S.F. 2313 The division provides that the outcome of a certification 1 or decertification election is determined by a majority vote 2 of the members of the bargaining unit voting, rather than the 3 total membership of the bargaining unit. The division provides 4 for a runoff election if none of the choices on the ballot in a 5 certification election receives a majority vote of the members 6 of the bargaining unit voting. 7 The division lowers the required percentage of support 8 from employees in a bargaining unit required for an employee 9 organization that did not submit a petition for certification 10 as the exclusive bargaining representative of a bargaining unit 11 to be listed on the ballot for a certification election from 30 12 percent to 10 percent. 13 The division strikes language prohibiting the PERB from 14 considering a petition for certification as the exclusive 15 bargaining representative of a bargaining unit unless a 16 period of two years has elapsed from the date of the last 17 certification election in which an employee organization 18 was not certified as the exclusive representative of that 19 bargaining unit or of the last decertification election in 20 which an employee organization was decertified as the exclusive 21 representative of that bargaining unit. The division prohibits 22 the PERB from considering a petition for certification as the 23 exclusive bargaining representative of a bargaining unit for 24 one year after the employee organization is not certified in a 25 certification election. The division makes additional changes 26 relating to the scheduling of decertification elections. 27 EMPLOYEE ORGANIZATION DUES. The division strikes a 28 prohibition on public entities authorizing or administering 29 a deduction from the salaries or wages of its employees for 30 membership dues to an employee organization. The division 31 provides procedures for administering such dues deductions. 32 PERB DUTIES. The division provides that the PERB may 33 interpret and apply, as well as administer, Code chapter 20. 34 The division strikes language permitting the PERB to 35 -40- LSB 5995XS (4) 90 je/js 40/ 49
S.F. 2313 appoint a certified shorthand reporter to report state employee 1 grievance and discipline resolution proceedings, to contract 2 with a vendor to conduct elections, to establish fees to cover 3 the cost of elections, and to retain certain funds collected by 4 the PERB as repayment receipts. 5 STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A 6 GUBERNATORIAL ELECTION YEAR. The division strikes language 7 providing for modified collective bargaining procedures for a 8 proposed, statewide collective bargaining agreement to become 9 effective in the year following a general election in which the 10 governor and certain other elected officials are elected. 11 CONFIDENTIAL RECORDS. The division strikes language 12 providing that certain information relating to elections 13 conducted by the PERB is a confidential record under Code 14 chapter 22, the state open records law. 15 MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE 16 COLLECTIVE BARGAINING. The division strikes a definition of 17 supplemental pay. 18 The division strikes language providing that a public 19 employer has the right to evaluate public employees in 20 positions within the public agency. The division strikes 21 language providing that a public employee has the right under 22 Code section 20.8 to exercise any right or seek any remedy 23 provided by law, including but not limited to Code sections 24 70A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code 25 chapters 216 and 400. 26 The division transfers language in Code section 20.10 27 prohibiting a public employee or any employee organization 28 from negotiating or attempting to negotiate directly with a 29 member of the governing board of a public employer if the 30 public employer has appointed or authorized a bargaining 31 representative for the purpose of bargaining with the public 32 employees or their representative to Code section 20.17. 33 The division decreases the amount of time before an employee 34 organization decertified as the exclusive representative of a 35 -41- LSB 5995XS (4) 90 je/js 41/ 49
S.F. 2313 bargaining unit for violating an injunction against an unlawful 1 strike can be certified again from 24 months to 12 months. 2 The division strikes language prohibiting voluntary 3 contributions by individuals to political parties or candidates 4 through payroll deductions. 5 The division strikes a requirement that a copy of a final 6 collective bargaining agreement be filed with the PERB by 7 the public employer within 10 days of the agreement being 8 entered into. The division strikes a requirement that the 9 PERB maintain an internet site that allows searchable access 10 to a database of collective bargaining agreements and other 11 collective bargaining information. 12 The division changes the period before retirement for a 13 prohibited voluntary reduction to a nonsupervisory rank or 14 grade by a supervisor and related ineligibility for benefits 15 from 36 months to 6 months. 16 The division strikes language providing that a mediator 17 shall not be required to testify in any arbitration proceeding 18 regarding any matters occurring in the course of a mediation. 19 The division requires a council, board of waterworks, or 20 other board or commission which establishes a pension and 21 annuity retirement system pursuant to Code chapter 412 to 22 negotiate in good faith with a certified employee organization 23 which is the collective bargaining representative of the 24 employees, with respect to the amount or rate of the assessment 25 on the wages and salaries of employees and the method or 26 methods for payment of the assessment by the employees. 27 The division makes additional conforming changes. 28 TRANSITION PROVISIONS DEADLINE. The division requires 29 parties, mediators, and arbitrators engaging in any collective 30 bargaining procedures provided for in Code chapter 20, Code 31 2024, who have not, before the effective date of the division, 32 completed such procedures, to immediately terminate any such 33 procedures in process as of the effective date of the division. 34 The division provides that a collective bargaining agreement 35 -42- LSB 5995XS (4) 90 je/js 42/ 49
S.F. 2313 negotiated pursuant to such procedures in process shall not 1 become effective. The division prohibits parties, mediators, 2 and arbitrators from engaging in further collective bargaining 3 procedures except as provided in the division. The division 4 requires such parties to commence collective bargaining in 5 accordance with Code section 20.17, as amended by the division. 6 The division requires such parties to complete such bargaining 7 not later than June 30, 2024, unless the parties mutually agree 8 to a different deadline. 9 The division requires the PERB to adopt emergency rules to 10 implement these requirements. The division also requires the 11 department of administrative services to adopt emergency rules 12 to implement the provisions of the division relating to dues 13 deductions. 14 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 15 takes effect upon enactment. 16 With the exception of the section of the division amending 17 Code section 20.6, subsection 1, the division does not apply 18 to collective bargaining agreements which have been ratified 19 in a ratification election, for which an arbitrator has made 20 a final determination, or which have become effective, when 21 such events occurred before the effective date of the division. 22 The division applies to all collective bargaining procedures 23 provided for in Code chapter 20 occurring on and after the 24 effective date of the division and collective bargaining 25 agreements for which a ratification election is held, for which 26 an arbitrator makes a final determination, or which become 27 effective on or after the effective date of the division. 28 DIVISION II EDUCATOR EMPLOYMENT MATTERS. This division 29 makes a variety of changes relating to educator employment 30 matters. 31 TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division 32 makes various changes relating to the termination of teacher 33 employment contracts. 34 The division shortens various procedural deadlines 35 -43- LSB 5995XS (4) 90 je/js 43/ 49
S.F. 2313 regarding private hearings held after a superintendent 1 recommends termination of a teachers employment contract. 2 The division makes participation in such a private hearing 3 by the superintendent, the superintendents designated 4 representatives, the teachers immediate supervisor, the 5 teacher, and the teachers representatives mandatory on the 6 part of those individuals instead of discretionary. The 7 division requires that the school board employ a certified 8 shorthand reporter to keep a record of a private hearing. 9 The division requires the school board to issue subpoenas 10 for witnesses and evidence on behalf of the board and the 11 teacher. The division provides for a judicial remedy if a 12 witness appears and refuses to testify or to produce required 13 books or papers at a private hearing. The division authorizes 14 the superintendent and the teacher to file written briefs and 15 arguments with the board at the conclusion of the private 16 hearing. The division provides deadlines for determining 17 the status of the teachers contract if the teacher does not 18 request a private hearing. The division requires that the 19 decision of the board include findings of fact and conclusions 20 of law. The division strikes language authorizing a school 21 board which votes to continue a teachers contract to issue 22 the teacher a one-year, nonrenewable contract. The division 23 permits a teacher to appeal the boards determination to an 24 adjudicator and provides procedures for such appeals. 25 TEACHER PROBATIONARY PERIODS. The division makes various 26 changes relating to probationary employment of teachers. 27 The division decreases from two years to one year the 28 length of a teachers probationary employment period in a 29 school district if the teacher has successfully completed a 30 probationary period of employment for another school district 31 located in Iowa. 32 The division provides that requirements for notices of 33 termination, private hearings, and appeals applicable to 34 nonprobationary teachers whose employment contracts are 35 -44- LSB 5995XS (4) 90 je/js 44/ 49
S.F. 2313 terminated are applicable to probationary teachers whose 1 employment contracts are terminated. The division strikes 2 alternative procedures for the termination of employment 3 contracts of such probationary teachers, including notification 4 procedures and the opportunity to request a private conference 5 with the school board. 6 EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS. 7 The division makes various changes relating to extracurricular 8 interscholastic athletic coach employment contracts. 9 The division provides that wages for such coaches shall be 10 paid pursuant to established or negotiated supplemental pay 11 schedules. The division provides that employment contracts 12 of such coaches shall be continued automatically in force and 13 effect for equivalent periods and that the termination of such 14 contracts follows procedures similar to those used for teacher 15 contracts. The division strikes language providing that 16 employment contracts of such coaches may be terminated prior to 17 their expiration for any lawful reason following an informal, 18 private hearing before the school board. The division strikes 19 language providing that the decision of the school board to 20 terminate such a contract is final. 21 SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes 22 various changes relating to school administrator employment 23 matters. 24 The division provides that the rate of compensation in an 25 administrators employment contract must be on a weekly or 26 monthly basis. 27 The division strikes language authorizing a school board to 28 issue a temporary employment contract to an administrator for 29 a period of up to nine months. 30 The division strikes language authorizing a school board to 31 issue a one-year, nonrenewable employment contract and instead 32 authorizes a school board considering the termination of an 33 administrators contract and the administrator to mutually 34 agree to enter into such a contract. 35 -45- LSB 5995XS (4) 90 je/js 45/ 49
S.F. 2313 The division decreases the probationary employment period 1 for administrators from three years to two years and authorizes 2 a school board to waive the probationary period for an 3 administrator who previously served a probationary period in 4 another school district. 5 The division strikes language providing that a hearing 6 before an administrative law judge requested by an 7 administrator whose employment contract a school board is 8 considering terminating shall be a private hearing. The 9 division reduces certain procedural deadlines relating to such 10 hearings. The division strikes language providing that any 11 witnesses for the parties at the hearing shall be sequestered. 12 The division requires that the decision of the board include 13 findings of fact and conclusions of law. The division strikes 14 language authorizing a school board which votes to continue an 15 administrators contract to issue the administrator a one-year, 16 nonrenewable contract. 17 INTENSIVE ASSISTANCE PROGRAMS. The division makes various 18 changes relating to intensive assistance programs. 19 The division strikes language providing that a teacher who 20 has previously participated in an intensive assistance program 21 relating to particular Iowa teaching standards or criteria 22 shall not be entitled to participate in another intensive 23 assistance program relating to the same standards or criteria. 24 The division strikes language providing that following a 25 teachers participation in an intensive assistance program, the 26 teacher shall be reevaluated to determine whether the teacher 27 successfully completed the intensive assistance program and 28 is meeting district expectations under the applicable Iowa 29 teaching standards or criteria. The division strikes language 30 providing that if the teacher did not successfully complete 31 the intensive assistance program or continues not to meet the 32 applicable Iowa teaching standards or criteria, the board may 33 initiate procedures to terminate the teachers employment 34 contract immediately or at the end of the school year or may 35 -46- LSB 5995XS (4) 90 je/js 46/ 49
S.F. 2313 continue the teachers contract for a period not to exceed one 1 year on a nonrenewable basis and without the right to a private 2 hearing. 3 MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT 4 MATTERS. The division strikes language authorizing a school 5 board to issue a temporary employment contract to a teacher for 6 a period of up to six months. 7 The division strikes language providing that just cause 8 for which a teacher may be discharged at any time during the 9 contract year under Code section 279.27 includes but is not 10 limited to a violation of the code of professional conduct 11 and ethics of the board of educational examiners if the board 12 has taken disciplinary action against a teacher during the 13 six months following issuance by the board of a final written 14 decision and finding of fact after a disciplinary proceeding. 15 The division either authorizes or requires a school board 16 and its certified bargaining representative to negotiate 17 various matters pursuant to Code chapter 20. 18 The division makes additional conforming changes. 19 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 20 takes effect upon enactment. 21 The division applies to employment contracts of school 22 employees entered into pursuant to Code chapter 279 on and 23 after the effective date of the division. The division does 24 not apply to collective bargaining agreements pursuant to Code 25 chapter 20 which have been ratified in a ratification election, 26 for which an arbitrator has made a final determination, or 27 which have become effective, when such events occurred before 28 the effective date of the division. The division applies to 29 all collective bargaining procedures provided for in Code 30 chapter 20 occurring on and after the effective date of the 31 division and collective bargaining agreements pursuant to Code 32 chapter 20 for which a ratification election is held, for which 33 an arbitrator makes a final determination, or which become 34 effective on or after the effective date of the division. 35 -47- LSB 5995XS (4) 90 je/js 47/ 49
S.F. 2313 DIVISION III PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS. 1 This division makes changes relating to public employee 2 personnel records and settlement agreements. 3 PERSONNEL RECORDS. The division strikes language providing 4 that certain information relating to the discipline, 5 resignation, discharge, or demotion of a public employee is a 6 public record and requiring notice to affected employees. 7 PERSONNEL SETTLEMENT AGREEMENTS. The division also strikes 8 language prohibiting a personnel settlement agreement between 9 the state and a state executive branch employee that contains 10 confidentiality or nondisclosure provisions that attempt to 11 prevent the disclosure of the agreement. 12 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 13 takes effect upon enactment. 14 The division applies to requests for records submitted on or 15 after the effective date of the division. 16 DIVISION IV CITY CIVIL SERVICE REQUIREMENTS. This 17 division makes a variety of changes relating to city civil 18 service requirements under Code chapter 400. 19 SENIORITY RIGHTS. The division strikes language permitting 20 a city council to extinguish statutory seniority rights of 21 all city civil service employees who are not employed or 22 appointed as a fire fighter or police officer, fire chief or 23 police chief, or assistant fire chief or assistant police 24 chief, unless otherwise provided in a collective bargaining 25 agreement. The division reestablishes any such rights so 26 extinguished, including accrual of seniority during the period 27 of extinguishment. 28 ADVERSE EMPLOYMENT ACTIONS GROUNDS AND PROCEDURES. The 29 division provides that adverse employment action may be taken 30 against a city civil service employee for neglect of duty, 31 disobedience, misconduct, or failure to properly perform the 32 persons duties. The division strikes language permitting 33 such action to be taken due to any act or failure to act by 34 the employee that is in contravention of law, city policies, 35 -48- LSB 5995XS (4) 90 je/js 48/ 49
S.F. 2313 or standard operating procedures, or that in the judgment 1 of the person having the appointing power as provided in 2 this Code chapter, or the chief of police or chief of the 3 fire department, is sufficient to show that the employee is 4 unsuitable or unfit for employment. 5 The division strikes language providing that the scope of 6 review for an appeal to district court from a civil service 7 commission shall be limited to de novo appellate review without 8 a trial or additional evidence, instead providing that the 9 appeal shall be a trial de novo as an equitable action. 10 DIMINUTION OF EMPLOYEES. The division provides that a 11 diminution of city employees by a city council can only be 12 implemented when the public interest requires. The division 13 permits a diminution to be carried out either by abolishing 14 an office and removing the employee from the employees 15 classification or grade thereunder, or reducing the number of 16 employees in any classification or grade by suspending the 17 necessary number. The division provides for such removal to be 18 carried out based on seniority and requires that employees so 19 removed be placed on a preferred list for at least three years 20 for purposes of appointments or promotions made during that 21 period to the persons former duties. 22 MISCELLANEOUS PROVISIONS. The division makes changes in 23 terminology relating to adverse employment actions for city 24 civil service employees. 25 The division makes additional conforming changes. 26 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 27 takes effect upon enactment. 28 The division applies to employment actions taken on or after 29 the effective date of the division. 30 DIVISION V HEALTH INSURANCE MATTERS. This division 31 strikes a requirement that a public employer shall offer health 32 insurance to all permanent, full-time public employees employed 33 by the public employer. 34 EFFECTIVE DATE. The division takes effect upon enactment. 35 -49- LSB 5995XS (4) 90 je/js 49/ 49