Senate File 452 - Introduced SENATE FILE 452 BY DOTZLER , PETERSEN , BENNETT , TRONE GARRIOTT , DONAHUE , WINCKLER , BLAKE , TOWNSEND , BISIGNANO , QUIRMBACH , and WEINER 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 2617XS (4) 91 je/js
S.F. 452 DIVISION I 1 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 2 Section 1. Section 20.3, subsections 11 and 13, Code 2025, 3 are amended by striking the subsections. 4 Sec. 2. Section 20.6, subsection 1, Code 2025, 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 persons employed by the board, as appropriate. 9 Sec. 3. Section 20.6, subsections 6 and 7, Code 2025, are 10 amended by striking the subsections. 11 Sec. 4. Section 20.7, subsection 2, Code 2025, is amended 12 to read as follows: 13 2. Hire, evaluate, promote, demote, transfer, assign, and 14 retain public employees in positions within the public agency. 15 Sec. 5. Section 20.8, subsection 5, Code 2025, is amended by 16 striking the subsection. 17 Sec. 6. Section 20.9, Code 2025, is amended by striking the 18 section and inserting in lieu thereof the following: 19 20.9 Scope of negotiations. 20 1. The public employer and the employee organization 21 shall meet at reasonable times, including meetings reasonably 22 in advance of the public employers budget-making process, 23 to negotiate in good faith with respect to wages, hours, 24 vacations, insurance, holidays, leaves of absence, shift 25 differentials, overtime compensation, supplemental pay, 26 seniority, transfer procedures, job classifications, health and 27 safety matters, evaluation procedures, procedures for staff 28 reduction, in-service training, and other matters mutually 29 agreed upon. Negotiations shall also include terms authorizing 30 dues checkoff for members of the employee organization and 31 grievance procedures for resolving any questions arising under 32 the agreement, which shall be embodied in a written agreement 33 and signed by the parties. If an agreement provides for dues 34 checkoff, a members dues may be checked off only upon the 35 -1- LSB 2617XS (4) 91 je/js 1/ 49
S.F. 452 members written request and the member may terminate the dues 1 checkoff at any time by giving thirty days written notice. 2 Such obligation to negotiate in good faith does not compel 3 either party to agree to a proposal or make a concession. 4 2. Nothing in this section shall diminish the authority 5 and power of the department of administrative services, board 6 of regents merit system, Iowa public broadcasting boards 7 merit system, or any civil service commission established by 8 constitutional provision, statute, charter, or special act to 9 recruit employees, prepare, conduct and grade examinations, 10 rate candidates in order of their relative scores for 11 certification for appointment or promotion or for other matters 12 of classification, reclassification, or appeal rights in the 13 classified service of the public employer served. 14 3. All retirement systems shall be excluded from the scope 15 of negotiations. 16 Sec. 7. Section 20.10, subsection 3, paragraph j, Code 2025, 17 is amended by striking the paragraph. 18 Sec. 8. Section 20.12, subsection 5, Code 2025, is amended 19 to read as follows: 20 5. If an employee organization or any of its officers 21 is held to be in contempt of court for failure to comply 22 with an injunction pursuant to this section , or is convicted 23 of violating this section , the employee organization shall 24 be immediately decertified, shall cease to represent the 25 bargaining unit, shall cease to receive any dues by checkoff, 26 and may again be certified only after twenty-four twelve months 27 have elapsed from the effective date of decertification and 28 only if after a new petition for certification pursuant to 29 compliance with section 20.14 is filed and a new certification 30 election pursuant to section 20.15 is held . The penalties 31 provided in this section may be suspended or modified by the 32 court, but only upon request of the public employer and only 33 if the court determines the suspension or modification is in 34 the public interest. 35 -2- LSB 2617XS (4) 91 je/js 2/ 49
S.F. 452 Sec. 9. Section 20.15, Code 2025, is amended by striking the 1 section and inserting in lieu thereof the following: 2 20.15 Elections. 3 1. Upon the filing of a petition for certification of an 4 employee organization, the board shall submit a question to 5 the public employees at an election in the bargaining unit 6 found appropriate by the board. The question on the ballot 7 shall permit the public employees to vote for no bargaining 8 representation or for any employee organization which has 9 petitioned for certification or which has presented proof 10 satisfactory to the board of support of ten percent or more of 11 the public employees in the appropriate unit. 12 2. If a majority of the votes cast on the question is 13 for no bargaining representation, the public employees in 14 the bargaining unit found appropriate by the board shall not 15 be represented by an employee organization. If a majority 16 of the votes cast on the question is for a listed employee 17 organization, then that employee organization shall represent 18 the public employees in the bargaining unit found appropriate 19 by the board. 20 3. If none of the choices on the ballot receive the vote 21 of a majority of the public employees voting, the board shall 22 conduct a runoff election among the two choices receiving the 23 greatest number of votes. 24 4. Upon written objections filed by any party to the 25 election within ten days after notice of the results of 26 the election, if the board finds that misconduct or other 27 circumstances prevented the public employees eligible to 28 vote from freely expressing their preferences, the board may 29 invalidate the election and hold a second election for the 30 public employees. 31 5. Upon completion of a valid election in which the majority 32 choice of the employees voting is determined, the board shall 33 certify the results of the election and shall give reasonable 34 notice of the order to all employee organizations listed on the 35 -3- LSB 2617XS (4) 91 je/js 3/ 49
S.F. 452 ballot, the public employers, and the public employees in the 1 appropriate bargaining unit. 2 6. a. A petition for certification as exclusive bargaining 3 representative of a bargaining unit shall not be considered 4 by the board for a period of one year from the date of the 5 noncertification of an employee organization as the exclusive 6 bargaining representative of that bargaining unit following a 7 certification election. A petition for certification as the 8 exclusive bargaining representative of a bargaining unit shall 9 also not be considered by the board if the bargaining unit is 10 at that time represented by a certified exclusive bargaining 11 representative. 12 b. A petition for the decertification of the exclusive 13 bargaining representative of a bargaining unit shall not be 14 considered by the board for a period of one year from the date 15 of its certification, or within one year of its continued 16 certification following a decertification election, or during 17 the duration of a collective bargaining agreement which, for 18 purposes of this section, shall be deemed not to exceed two 19 years. However, if a petition for decertification is filed 20 during the duration of a collective bargaining agreement, the 21 board shall award an election under this section not more than 22 one hundred eighty days and not less than one hundred fifty 23 days prior to the expiration of the collective bargaining 24 agreement. If an employee organization is decertified, the 25 board may receive petitions under section 20.14, provided that 26 no such petition and no election conducted pursuant to such 27 petition within one year from decertification shall include as 28 a party the decertified employee organization. 29 c. A collective bargaining agreement with the state, its 30 boards, commissions, departments, and agencies shall be for two 31 years. The provisions of a collective bargaining agreement or 32 arbitrators award affecting state employees shall not provide 33 for renegotiations which would require the refinancing of 34 salary and fringe benefits for the second year of the term of 35 -4- LSB 2617XS (4) 91 je/js 4/ 49
S.F. 452 the agreement, except as provided in section 20.17, subsection 1 6. The effective date of any such agreement shall be July 1 of 2 odd-numbered years, provided that if an exclusive bargaining 3 representative is certified on a date which will prevent the 4 negotiation of a collective bargaining agreement prior to 5 July 1 of odd-numbered years for a period of two years, the 6 certified collective bargaining representative may negotiate 7 a one-year contract with the public employer which shall be 8 effective from July 1 of the even-numbered year to July 1 9 of the succeeding odd-numbered year when new contracts shall 10 become effective. 11 Sec. 10. Section 20.17, subsection 8, Code 2025, is amended 12 by striking the subsection and inserting in lieu thereof the 13 following: 14 8. The salaries of all public employees of the state under 15 a merit system and all other fringe benefits which are granted 16 to all public employees of the state shall be negotiated with 17 the governor or the governors designee on a statewide basis, 18 except those benefits which are not subject to negotiations 19 pursuant to the provisions of section 20.9. 20 Sec. 11. Section 20.17, Code 2025, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 8A. A public employee or any employee 23 organization shall not negotiate or attempt to negotiate 24 directly with a member of the governing board of a public 25 employer if the public employer has appointed or authorized 26 a bargaining representative for the purpose of bargaining 27 with the public employees or their representative, unless the 28 member of the governing board is the designated bargaining 29 representative of the public employer. 30 Sec. 12. Section 20.22, subsections 2, 3, 7, 9, and 10, Code 31 2025, are amended to read as follows: 32 2. Each party shall serve its final offer on each of 33 the impasse items upon the other party within four days of 34 the boards receipt of the request for arbitration , or by a 35 -5- LSB 2617XS (4) 91 je/js 5/ 49
S.F. 452 deadline otherwise agreed upon by the parties . The parties may 1 continue to negotiate all offers until an agreement is reached 2 or an award is rendered by the arbitrator. The full costs of 3 arbitration under this section shall be shared equally by the 4 parties to the dispute. 5 3. The submission of the impasse items to the arbitrator 6 shall be limited to those items upon which the parties have 7 not reached agreement. With respect to each such item, the 8 arbitrators award shall be restricted to the final offers on 9 each impasse item submitted by the parties to the arbitrator , 10 except as provided in subsection 10 , paragraph b . 11 7. For an arbitration involving a bargaining unit that 12 has at least thirty percent of members who are public safety 13 employees, the The arbitrator shall consider and specifically 14 address in the arbitrators determination , in addition to any 15 other relevant factors, the following factors: 16 a. Past collective bargaining contracts between the parties 17 including the bargaining that led up to such contracts. 18 b. Comparison of wages, hours, and conditions of employment 19 of the involved public employees with those of other public 20 employees doing comparable work, giving consideration to 21 factors peculiar to the area and the classifications involved. 22 c. The interests and welfare of the public, the ability of 23 the public employer to finance economic adjustments, and the 24 effect of such adjustments on the normal standard of services. 25 d. The power of the public employer to levy taxes and 26 appropriate funds for the conduct of its operations. 27 9. a. The arbitrator may administer oaths, examine 28 witnesses and documents, take testimony and receive evidence, 29 and issue subpoenas to compel the attendance of witnesses and 30 the production of records. The arbitrator may petition the 31 district court at the seat of government or of the county 32 in which the hearing is held to enforce the order of the 33 arbitrator compelling the attendance of witnesses and the 34 production of records. 35 -6- LSB 2617XS (4) 91 je/js 6/ 49
S.F. 452 b. Except as required for purposes of the consideration of 1 the factors specified in subsection 7 , paragraphs a through 2 c , and subsection 8 , paragraph a , subparagraphs (1) through 3 (3), the parties shall not introduce, and the arbitrator 4 shall not accept or consider, any direct or indirect evidence 5 regarding any subject excluded from negotiations pursuant to 6 section 20.9 . 7 10. a. The arbitrator shall select within fifteen 8 days after the hearing the most reasonable offer, in the 9 arbitrators judgment, of the final offers on each impasse item 10 submitted by the parties. 11 b. (1) However, for an arbitration involving a bargaining 12 unit that does not have at least thirty percent of members who 13 are public safety employees, with respect to any increase in 14 base wages, the arbitrators award shall not exceed the lesser 15 of the following percentages in any one-year period in the 16 duration of the bargaining agreement: 17 (a) Three percent. 18 (b) A percentage equal to the increase in the consumer 19 price index for all urban consumers for the midwest region, 20 if any, as determined by the United States department of 21 labor, bureau of labor statistics, or a successor index. Such 22 percentage shall be the change in the consumer price index 23 for the twelve-month period beginning eighteen months prior 24 to the month in which the impasse item regarding base wages 25 was submitted to the arbitrator and ending six months prior to 26 the month in which the impasse item regarding base wages was 27 submitted to the arbitrator. 28 (2) To assist the parties in the preparation of their final 29 offers on an impasse item regarding base wages, the board 30 shall provide information to the parties regarding the change 31 in the consumer price index for all urban consumers for the 32 midwest region for any twelve-month period. The department of 33 workforce development shall assist the board in preparing such 34 information upon request. 35 -7- LSB 2617XS (4) 91 je/js 7/ 49
S.F. 452 Sec. 13. Section 20.22, subsection 8, Code 2025, is amended 1 by striking the subsection. 2 Sec. 14. Section 20.26, subsection 4, Code 2025, is amended 3 to read as follows: 4 4. Nothing in this section shall be construed to prohibit 5 voluntary contributions by individuals to political parties 6 or candidates , provided that such contributions are not made 7 through payroll deductions . 8 Sec. 15. Section 20.29, Code 2025, is amended to read as 9 follows: 10 20.29 Filing agreement public access internet site . 11 1. Collective bargaining agreements shall be in writing and 12 shall be signed by the parties. 13 2. A copy of a collective bargaining agreement entered into 14 between a public employer and a certified employee organization 15 and made final under this chapter shall be filed with the board 16 by the public employer within ten days of the date on which the 17 agreement is entered into. 18 3. Copies of collective bargaining agreements entered 19 into between the state and the state employees bargaining 20 representatives and made final under this chapter shall be 21 filed with the secretary of state and be made available to the 22 public at cost. 23 4. The board shall maintain an internet site that allows 24 searchable access to a database of collective bargaining 25 agreements and other collective bargaining information. 26 Sec. 16. Section 20.30, Code 2025, is amended by striking 27 the section and inserting in lieu thereof the following: 28 20.30 Supervisory member no reduction before retirement. 29 1. A supervisory member of any department or agency 30 employed by the state of Iowa shall not be granted a voluntary 31 reduction to a nonsupervisory rank or grade during the six 32 months preceding retirement of the member. A member of any 33 department or agency employed by the state of Iowa who retires 34 in less than six months after voluntarily requesting and 35 -8- LSB 2617XS (4) 91 je/js 8/ 49
S.F. 452 receiving a reduction in rank or grade from a supervisory to a 1 nonsupervisory position shall be ineligible for a benefit to 2 which the member is entitled as a nonsupervisory member but is 3 not entitled as a supervisory member. 4 2. The provisions of this section shall be effective during 5 the collective bargaining agreement in effect from July 1, 6 1979, to June 30, 1981. 7 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph 8 1, Code 2025, is amended to read as follows: 9 A mediator shall not be required to testify in any judicial, 10 administrative, arbitration, or grievance proceeding regarding 11 any matters occurring in the course of a mediation, including 12 any verbal or written communication or behavior, other than 13 facts relating exclusively to the timing or scheduling of 14 mediation. A mediator shall not be required to produce or 15 disclose any documents, including notes, memoranda, or other 16 work product, relating to mediation, other than documents 17 relating exclusively to the timing or scheduling of mediation. 18 This subsection shall not apply in any of the following 19 circumstances: 20 Sec. 18. Section 22.7, subsection 69, Code 2025, is amended 21 to read as follows: 22 69. The evidence of public employee support for 23 the certification , retention and recertification, or 24 decertification of an employee organization as defined in 25 section 20.3 that is submitted to the employment appeal board 26 as provided in section 20.14 or 20.15 . 27 Sec. 19. Section 22.7, subsection 70, Code 2025, is amended 28 by striking the subsection. 29 Sec. 20. Section 70A.17A, Code 2025, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 3. This section shall not affect a payroll 32 deduction elected by a state employee pursuant to section 33 70A.19. 34 Sec. 21. Section 70A.19, Code 2025, is amended by striking 35 -9- LSB 2617XS (4) 91 je/js 9/ 49
S.F. 452 the section and inserting in lieu thereof the following: 1 70A.19 Duration of state payroll deduction for dues of 2 employee organization member. 3 A state employee who elects a payroll deduction for 4 membership dues to an employee organization pursuant to the 5 provisions of a collective bargaining agreement negotiated 6 under the provisions of chapter 20 shall maintain the deduction 7 for a period of one year or until the expiration of the 8 collective bargaining agreement, whichever occurs first. A 9 state employee who transfers employment to a position covered 10 by a different collective bargaining agreement or who becomes 11 a management employee is not subject to this requirement. 12 With respect to state employees, this section supersedes the 13 provisions of section 20.9 allowing termination of a dues 14 checkoff at any time but does not supersede the requirement for 15 thirty days written notice of termination. 16 Sec. 22. Section 412.2, subsection 1, Code 2025, is amended 17 to read as follows: 18 1. From the proceeds of the assessments on the wages 19 and salaries of employees, of any such waterworks system, 20 or other municipally owned and operated public utility, 21 eligible to receive the benefits thereof. Notwithstanding 22 any provisions of section 20.9 to the contrary, a council, 23 board of waterworks, or other board or commission which 24 establishes a pension and annuity retirement system pursuant to 25 this chapter, shall negotiate in good faith with a certified 26 employee organization as defined in section 20.3, which is the 27 collective bargaining representative of the employees, with 28 respect to the amount or rate of the assessment on the wages 29 and salaries of employees and the method or methods for payment 30 of the assessment by the employees. 31 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code 32 2025, is amended to read as follows: 33 b. For purposes of chapter 20 , the certified representative, 34 which on July 1, 1983, represents employees who become judicial 35 -10- LSB 2617XS (4) 91 je/js 10/ 49
S.F. 452 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 1 remain the certified representative when the employees become 2 judicial branch employees and thereafter, unless the public 3 employee organization is not retained and recertified or is 4 decertified in an election held under section 20.15 or amended 5 or absorbed into another certified organization pursuant to 6 chapter 20 . Collective bargaining negotiations shall be 7 conducted on a statewide basis and the certified employee 8 organizations which engage in bargaining shall negotiate on a 9 statewide basis, although bargaining units shall be organized 10 by judicial district. The employment appeal board shall adopt 11 rules pursuant to chapter 17A to implement this subsection . 12 Sec. 24. REPEAL. Sections 20.32 and 20.33, Code 2025, are 13 repealed. 14 Sec. 25. TRANSITION PROCEDURES DEADLINE EMERGENCY 15 RULES. 16 1. As of the effective date of this division of this Act, 17 parties, mediators, and arbitrators engaging in any collective 18 bargaining procedures provided for in chapter 20, Code 2025, 19 who have not, before the effective date of this division 20 of this Act, completed such procedures, shall immediately 21 terminate any such procedures in process. A collective 22 bargaining agreement negotiated pursuant to such procedures in 23 process shall not become effective. Parties, mediators, and 24 arbitrators shall not engage in further collective bargaining 25 procedures except as provided in this section. Such parties 26 shall commence collective bargaining in accordance with section 27 20.17, as amended in this division of this Act. Such parties 28 shall complete such bargaining not later than June 30, 2025, 29 unless the parties mutually agree to a different deadline. 30 2. The employment appeal board shall adopt emergency 31 rules under section 17A.4, subsection 3, and section 17A.5, 32 subsection 2, paragraph b, to provide for procedures as 33 deemed necessary to implement the provisions of this section 34 within five business days of the effective date of this 35 -11- LSB 2617XS (4) 91 je/js 11/ 49
S.F. 452 Act and shall submit such rules to the administrative rules 1 coordinator and the administrative code editor pursuant to 2 section 17A.5, subsection 1, within the same period. The rules 3 shall be effective immediately upon filing unless a later date 4 is specified in the rules. Such rules shall include but are 5 not limited to alternative deadlines for completion of the 6 procedures provided in sections 20.17 and 20.22, as amended by 7 this division of this Act, and sections 20.19 and 20.20, which 8 deadlines may be waived by mutual agreement of the parties. 9 3. The department of administrative services shall adopt 10 emergency rules under section 17A.4, subsection 3, and 11 section 17A.5, subsection 2, paragraph b, to provide for the 12 implementation of section 70A.19, as amended by this division 13 of this Act within five business days of the effective date 14 of this Act and shall submit such rules to the administrative 15 rules coordinator and the administrative code editor pursuant 16 to section 17A.5, subsection 1, within the same period. The 17 rules shall be effective immediately upon filing unless a later 18 date is specified in the rules. 19 Sec. 26. ELECTIONS DIRECTIVES TO EMPLOYMENT APPEAL 20 BOARD. 21 1. The employment appeal board shall cancel any elections 22 scheduled or in process pursuant to section 20.15, subsection 23 2, Code 2025, as of the effective date of this Act. 24 2. Notwithstanding section 20.15, subsection 1, paragraph 25 c, Code 2025, the employment appeal board shall consider a 26 petition for certification of an employee organization as the 27 exclusive representative of a bargaining unit for which an 28 employee organization was not retained and recertified as the 29 exclusive representative of that bargaining unit regardless of 30 the amount of time that has elapsed since the retention and 31 recertification election at which an employee organization was 32 not retained or recertified. 33 Sec. 27. EFFECTIVE DATE. This division of this Act, being 34 deemed of immediate importance, takes effect upon enactment. 35 -12- LSB 2617XS (4) 91 je/js 12/ 49
S.F. 452 Sec. 28. APPLICABILITY. With the exception of the 1 section of this division of this Act amending section 20.6, 2 subsection 1, this division of this Act does not apply to 3 collective bargaining agreements which have been ratified in a 4 ratification election referred to in section 20.17, subsection 5 4, for which an arbitrator has made a final determination as 6 described in section 20.22, subsection 11, or which have become 7 effective, when such events occurred before the effective 8 date of this division of this Act. This division of this Act 9 applies to all collective bargaining procedures provided for in 10 chapter 20 occurring on and after the effective date of this 11 division of this Act and collective bargaining agreements for 12 which a ratification election referred to in section 20.17, 13 subsection 4, is held, for which an arbitrator makes a final 14 determination as described in section 20.22, subsection 11, or 15 which become effective on or after the effective date of this 16 division of this Act. 17 DIVISION II 18 EDUCATOR EMPLOYMENT MATTERS 19 Sec. 29. Section 279.13, subsections 2 and 5, Code 2025, are 20 amended to read as follows: 21 2. The contract shall remain in force and effect for the 22 period stated in the contract and shall be automatically 23 continued for equivalent periods except as modified or 24 terminated by mutual agreement of the board of directors and 25 the teacher or as modified or terminated in accordance with 26 the provisions specified in this chapter . A contract shall 27 not be offered by the employing board to a teacher under its 28 jurisdiction prior to March 15 of any year. A teacher who has 29 not accepted a contract for the ensuing school year tendered 30 by the employing board may resign effective at the end of the 31 current school year by filing a written resignation with the 32 secretary of the board. The resignation must be filed not 33 later than the last day of the current school year or the date 34 specified by the employing board for return of the contract, 35 -13- LSB 2617XS (4) 91 je/js 13/ 49
S.F. 452 whichever date occurs first. However, a teacher shall not be 1 required to return a contract to the board or to resign less 2 than twenty-one days after the contract has been offered. 3 5. Notwithstanding the other provisions of this section , a 4 temporary contract may be issued to a teacher for a period of 5 up to six months. Notwithstanding the other provisions of this 6 section , a temporary contract may also be issued to a teacher 7 to fill a vacancy created by a leave of absence in accordance 8 with the provisions of section 29A.28 , which contract shall 9 automatically terminate upon return from military leave of the 10 former incumbent of the teaching position . Temporary contracts 11 and which contract shall not be subject to the provisions of 12 sections 279.15 through 279.19 , or section 279.27 . A separate 13 extracurricular contract issued pursuant to section 279.19A to 14 a person issued a temporary contract under this section shall 15 automatically terminate with the termination of the temporary 16 contract as required under section 279.19A, subsection 8 . 17 Sec. 30. Section 279.13, subsection 4, unnumbered paragraph 18 1, Code 2025, is amended to read as follows: 19 For purposes of this section , sections 279.14 , 279.15 , 20 279.16 through 279.17 , 279.19 , and 279.27 , unless the context 21 otherwise requires, teacher includes the following individuals 22 employed by a community college: 23 Sec. 31. Section 279.14, Code 2025, is amended to read as 24 follows: 25 279.14 Evaluation criteria and procedures. 26 1. The board shall establish evaluation criteria and shall 27 implement evaluation procedures. If an exclusive bargaining 28 representative has been certified, the board shall negotiate 29 in good faith with respect to evaluation procedures pursuant 30 to chapter 20. 31 2. The determination of standards of performance expected 32 of school district personnel shall be reserved as an exclusive 33 management right of the school board and shall not be subject 34 to mandatory negotiations under chapter 20 . Objections 35 -14- LSB 2617XS (4) 91 je/js 14/ 49
S.F. 452 Notwithstanding chapter 20, objections to the procedures, 1 use, or content of an evaluation in a teacher termination 2 proceeding brought before the school board in a hearing held in 3 accordance with section 279.16 or 279.27 shall not be subject 4 to any the grievance procedures negotiated in accordance with 5 chapter 20 . A school district shall not be obligated to 6 process any evaluation grievance after service of a notice and 7 recommendation to terminate an individuals continuing teaching 8 contract in accordance with this chapter. 9 Sec. 32. Section 279.15, subsection 2, paragraph c, Code 10 2025, is amended to read as follows: 11 c. Within five days of the receipt of the written notice 12 that the superintendent is recommending termination of the 13 contract, the teacher may request, in writing to the secretary 14 of the board, a private hearing with the board. The private 15 hearing shall not be subject to chapter 21 and shall be held 16 no sooner than twenty ten days and no later than forty twenty 17 days following the receipt of the request unless the parties 18 otherwise agree. The secretary of the board shall notify the 19 teacher in writing of the date, time, and location of the 20 private hearing, and at least ten five days before the hearing 21 shall also furnish to the teacher any documentation which 22 may be presented to the board at the private hearing and a 23 list of persons who may address the board in support of the 24 superintendents recommendation at the private hearing. At 25 least seven three days before the hearing, the teacher shall 26 provide any documentation the teacher expects to present at 27 the private hearing, along with the names of any persons who 28 may address the board on behalf of the teacher. This exchange 29 of information shall be at the time specified unless otherwise 30 agreed. 31 Sec. 33. Section 279.16, Code 2025, is amended by striking 32 the section and inserting in lieu thereof the following: 33 279.16 Private hearing decision record. 34 1. The participants at the private hearing shall be 35 -15- LSB 2617XS (4) 91 je/js 15/ 49
S.F. 452 at least a majority of the members of the board, their 1 legal representatives, if any, the superintendent, the 2 superintendents designated representatives, if any, the 3 teachers immediate supervisor, the teacher, the teachers 4 representatives, if any, and the witnesses for the parties. 5 The evidence at the private hearing shall be limited to the 6 specific reasons stated in the superintendents notice of 7 recommendation of termination. No participant in the hearing 8 shall be liable for any damages to any person if any statement 9 at the hearing is determined to be erroneous as long as the 10 statement was made in good faith. The superintendent shall 11 present evidence and argument on all issues involved and 12 the teacher may cross-examine, respond and present evidence 13 and argument in the teachers behalf relevant to all issues 14 involved. Evidence may be by stipulation of the parties and 15 informal settlement may be made by stipulation, consent, or 16 default or by any other method agreed upon by the parties in 17 writing. The board shall employ a certified shorthand reporter 18 to keep a record of the private hearing. The proceedings 19 or any part thereof shall be transcribed at the request of 20 either party with the expense of transcription charged to the 21 requesting party. 22 2. The presiding officer of the board may administer oaths 23 in the same manner and with like effect and under the same 24 penalties as in the case of magistrates exercising criminal 25 or civil jurisdiction. The board shall cause subpoenas to be 26 issued for such witnesses and the production of such books 27 and papers as either the board or the teacher may designate. 28 The subpoenas shall be signed by the presiding officer of the 29 board. 30 3. In case a witness is duly subpoenaed and refuses to 31 attend, or in case a witness appears and refuses to testify 32 or to produce required books or papers, the board shall, 33 in writing, report such refusal to the district court of 34 the county in which the administrative office of the school 35 -16- LSB 2617XS (4) 91 je/js 16/ 49
S.F. 452 district is located, and the court shall proceed with the 1 person or witness as though the refusal had occurred in a 2 proceeding legally pending before the court. 3 4. The board shall not be bound by common law or statutory 4 rules of evidence or by technical or formal rules of procedure, 5 but it shall hold the hearing in such manner as is best suited 6 to ascertain and conserve the substantial rights of the 7 parties. Process and procedure under sections 279.13 through 8 279.19 shall be as summary as reasonably may be. 9 5. At the conclusion of the private hearing, the 10 superintendent and the teacher may file written briefs and 11 arguments with the board within three days or such other time 12 as may be agreed upon. 13 6. If the teacher fails to timely request a private hearing 14 or does not appear at the private hearing, the board may 15 proceed and make a determination upon the superintendents 16 recommendation. If the teacher fails to timely file a request 17 for a private hearing, the determination shall be not later 18 than May 31. If the teacher fails to appear at the private 19 hearing, the determination shall be not later than five days 20 after the scheduled date for the private hearing. The board 21 shall convene in open session and by roll call vote determine 22 the termination or continuance of the teachers contract 23 and, if the board votes to continue the teachers contract, 24 whether to suspend the teacher with or without pay for a period 25 specified by the board. 26 7. Within five days after the private hearing, the board 27 shall, in executive session, meet to make a final decision 28 upon the recommendation and the evidence as herein provided. 29 The board shall also consider any written brief and arguments 30 submitted by the superintendent and the teacher. 31 8. The record for a private hearing shall include: 32 a. All pleadings, motions and intermediate rulings. 33 b. All evidence received or considered and all other 34 submissions. 35 -17- LSB 2617XS (4) 91 je/js 17/ 49
S.F. 452 c. A statement of all matters officially noticed. 1 d. All questions and offers of proof, objections, and 2 rulings thereon. 3 e. All findings and exceptions. 4 f. Any decision, opinion, or conclusion by the board. 5 g. Findings of fact shall be based solely on the evidence in 6 the record and on matters officially noticed in the record. 7 9. The decision of the board shall be in writing and shall 8 include findings of fact and conclusions of law, separately 9 stated. Findings of fact, if set forth in statutory language, 10 shall be accompanied by a concise and explicit statement of 11 the underlying facts supporting the findings. Each conclusion 12 of law shall be supported by cited authority or by reasoned 13 opinion. 14 10. When the board has reached a decision, opinion, or 15 conclusion, it shall convene in open meeting and by roll 16 call vote determine the continuance or discontinuance of the 17 teachers contract and, if the board votes to continue the 18 teachers contract, whether to suspend the teacher with or 19 without pay for a period specified by the board. The record 20 of the private conference and findings of fact and exceptions 21 shall be exempt from the provisions of chapter 22 . The 22 secretary of the board shall immediately mail notice of the 23 boards action to the teacher. 24 Sec. 34. NEW SECTION . 279.17 Appeal by teacher to 25 adjudicator. 26 1. If the teacher is no longer a probationary teacher, the 27 teacher may, within ten days, appeal the determination of the 28 board to an adjudicator by filing a notice of appeal with the 29 secretary of the board. The notice of appeal shall contain a 30 concise statement of the action which is the subject of the 31 appeal, the particular board action appealed from, the grounds 32 on which relief is sought and the relief sought. 33 2. Within five days following receipt by the secretary 34 of the notice of appeal, the board or the boards legal 35 -18- LSB 2617XS (4) 91 je/js 18/ 49
S.F. 452 representative, if any, and the teacher or the teachers 1 representative, if any, may select an adjudicator who resides 2 within the boundaries of the merged area in which the school 3 district is located. If an adjudicator cannot be mutually 4 agreed upon within the five-day period, the secretary shall 5 notify the chairperson of the employment appeal board by 6 transmitting the notice of appeal, and the chairperson of 7 the employment appeal board shall within five days provide a 8 list of five adjudicators to the parties. Within three days 9 from receipt of the list of adjudicators, the parties shall 10 select an adjudicator by alternately removing a name from 11 the list until only one name remains. The person whose name 12 remains shall be the adjudicator. The parties shall determine 13 by lot which party shall remove the first name from the list 14 submitted by the chairperson of the employment appeal board. 15 The secretary of the board shall inform the chairperson of 16 the employment appeal board of the name of the adjudicator 17 selected. 18 3. If the teacher does not timely request an appeal to an 19 adjudicator, the decision, opinion, or conclusion of the board 20 shall become final and binding. 21 4. a. Within thirty days after filing the notice of appeal, 22 or within further time allowed by the adjudicator, the board 23 shall transmit to the adjudicator the original or a certified 24 copy of the entire record of the private hearing which may be 25 the subject of the petition. By stipulation of the parties 26 to review the proceedings, the record of the case may be 27 shortened. The adjudicator may require or permit subsequent 28 corrections or additions to the shortened record. 29 b. The record certified and filed by the board shall be the 30 record upon which the appeal shall be heard and no additional 31 evidence shall be heard by the adjudicator. In such appeal to 32 the adjudicator, especially when considering the credibility 33 of witnesses, the adjudicator shall give weight to the fact 34 findings of the board but shall not be bound by them. 35 -19- LSB 2617XS (4) 91 je/js 19/ 49
S.F. 452 5. Before the date set for hearing a petition for review 1 of board action, which shall be within ten days after 2 receipt of the record unless otherwise agreed or unless the 3 adjudicator orders additional evidence be taken before the 4 board, application may be made to the adjudicator for leave to 5 present evidence in addition to that found in the record of the 6 case. If it is shown to the adjudicator that the additional 7 evidence is material and that there were good reasons for 8 failure to present it in the private hearing before the board, 9 the adjudicator may order that the additional evidence be taken 10 before the board upon conditions determined by the adjudicator. 11 The board may modify its findings and decision in the case by 12 reason of the additional evidence and shall file that evidence 13 and any modifications, new findings, or decisions, with the 14 adjudicator and mail copies of the new findings or decisions 15 to the teacher. 16 6. The adjudicator may affirm board action or remand to the 17 board for further proceedings. The adjudicator shall reverse, 18 modify, or grant any appropriate relief from the board action 19 if substantial rights of the teacher have been prejudiced 20 because the board action is any of the following: 21 a. In violation of a board rule or policy or contract. 22 b. Unsupported by a preponderance of the competent evidence 23 in the record made before the board when that record is viewed 24 as a whole. 25 c. Unreasonable, arbitrary, or capricious, or characterized 26 by an abuse of discretion or a clearly unwarranted exercise of 27 discretion. 28 7. The adjudicator shall, within fifteen days after the 29 hearing, make a decision and shall give a copy of the decision 30 to the teacher and the secretary of the board. The decision 31 of the adjudicator shall become the final and binding decision 32 of the board unless either party within ten days notifies the 33 secretary of the board that the decision is rejected. The 34 board may reject the decision by majority roll call vote, in 35 -20- LSB 2617XS (4) 91 je/js 20/ 49
S.F. 452 open meeting, entered into the minutes of the meeting. The 1 board shall immediately notify the teacher of its decision 2 by certified mail. The teacher may reject the adjudicators 3 decision by notifying the boards secretary in writing within 4 ten days of the filing of such decision. 5 8. All costs of the adjudicator shall be shared equally by 6 the teacher and the board. 7 Sec. 35. Section 279.18, Code 2025, is amended by striking 8 the section and inserting in lieu thereof the following: 9 279.18 Appeal by either party to court. 10 1. If either party rejects the adjudicators decision, 11 the rejecting party shall, within thirty days of the initial 12 filing of such decision, appeal to the district court of 13 the county in which the administrative office of the school 14 district is located. The notice of appeal shall be immediately 15 mailed by certified mail to the other party. The adjudicator 16 shall transmit to the reviewing court the original or a 17 certified copy of the entire record which may be the subject 18 of the petition. By stipulation of all parties to the review 19 proceedings, the record of such a case may be shortened. A 20 party unreasonably refusing to stipulate to limit the record 21 may be taxed by the court for the additional cost. The court 22 may require or permit subsequent corrections or additions to 23 the shortened record. 24 2. In proceedings for judicial review of the adjudicators 25 decision, the court shall not hear any further evidence 26 but shall hear the case upon the certified record. In such 27 judicial review, especially when considering the credibility of 28 witnesses, the court shall give weight to the fact findings of 29 the board but shall not be bound by them. The court may affirm 30 the adjudicators decision or remand to the adjudicator or the 31 board for further proceedings upon conditions determined by the 32 court. The court shall reverse, modify, or grant any other 33 appropriate relief from the board decision or the adjudicators 34 decision equitable or legal and including declaratory relief 35 -21- LSB 2617XS (4) 91 je/js 21/ 49
S.F. 452 if substantial rights of the petitioner have been prejudiced 1 because the action is any of the following: 2 a. In violation of constitutional or statutory provisions. 3 b. In excess of the statutory authority of the board or the 4 adjudicator. 5 c. In violation of a board rule or policy or contract. 6 d. Made upon unlawful procedure. 7 e. Affected by other error of law. 8 f. Unsupported by a preponderance of the competent evidence 9 in the record made before the board and the adjudicator when 10 that record is viewed as a whole. 11 g. Unreasonable, arbitrary, or capricious, or characterized 12 by an abuse of discretion or a clearly unwarranted exercise of 13 discretion. 14 3. An aggrieved or adversely affected party to the judicial 15 review proceeding may obtain a review of any final judgment of 16 the district court by appeal to the supreme court. The appeal 17 shall be taken as in other civil cases, although the appeal may 18 be taken regardless of the amount involved. 19 4. For purposes of this section, unless the context 20 otherwise requires, rejecting party shall include but not be 21 limited to an instructor employed by a community college. 22 Sec. 36. Section 279.19, Code 2025, is amended by striking 23 the section and inserting in lieu thereof the following: 24 279.19 Probationary period. 25 1. The first three consecutive years of employment of 26 a teacher in the same school district are a probationary 27 period. However, if the teacher has successfully completed a 28 probationary period of employment for another school district 29 located in Iowa, the probationary period in the current 30 district of employment shall not exceed one year. A board of 31 directors may waive the probationary period for any teacher who 32 previously has served a probationary period in another school 33 district and the board may extend the probationary period for 34 an additional year with the consent of the teacher. 35 -22- LSB 2617XS (4) 91 je/js 22/ 49
S.F. 452 2. a. In the case of the termination of a probationary 1 teachers contract, the provisions of sections 279.15 and 2 279.16 shall apply. However, if the probationary teacher is a 3 beginning teacher who fails to demonstrate competence in the 4 Iowa teaching standards in accordance with chapter 284, the 5 provisions of sections 279.17 and 279.18 shall also apply. 6 b. The boards decision shall be final and binding unless 7 the termination was based upon an alleged violation of a 8 constitutionally guaranteed right of the teacher or an alleged 9 violation of public employee rights of the teacher under 10 section 20.10. 11 3. Notwithstanding any provision to the contrary, the 12 grievance procedures of section 20.18 relating to job 13 performance or job retention shall not apply to a teacher 14 during the first two years of the teachers probationary 15 period. However, this subsection shall not apply to a teacher 16 who has successfully completed a probationary period in a 17 school district in Iowa. 18 Sec. 37. Section 279.19A, subsections 1, 2, 7, and 8, Code 19 2025, are amended to read as follows: 20 1. School districts employing individuals to coach 21 interscholastic athletic sports shall issue a separate 22 extracurricular contract for each of these sports. An 23 extracurricular contract offered under this section shall be 24 separate from the contract issued under section 279.13 . Wages 25 for employees who coach these sports shall be paid pursuant 26 to established or negotiated supplemental pay schedules. 27 An extracurricular contract shall be in writing, and shall 28 state the number of contract days for that sport, the annual 29 compensation to be paid, and any other matters as may be 30 mutually agreed upon. The contract shall be for a single 31 school year. 32 2. a. An extracurricular contract shall be continued 33 automatically in force and effect for equivalent periods, 34 except as modified or terminated by mutual agreement of 35 -23- LSB 2617XS (4) 91 je/js 23/ 49
S.F. 452 the board of directors and the employee, or terminated in 1 accordance with this section. An extracurricular contract 2 shall initially be offered by the employing board to an 3 individual on the same date that contracts are offered to 4 teachers under section 279.13. An extracurricular contract 5 may be terminated at the end of a school year pursuant to 6 sections 279.15 through 279.19. If the school district offers 7 an extracurricular contract for a sport for the subsequent 8 school year to an employee who is currently performing 9 under an extracurricular contract for that sport, and the 10 employee does not wish to accept the extracurricular contract 11 for the subsequent year, the employee may resign from the 12 extracurricular contract within twenty-one days after it has 13 been received. 14 b. If the provisions of an extracurricular contract executed 15 under this section conflict with a collective bargaining 16 agreement negotiated under chapter 20 and effective when the 17 extracurricular contract is executed or renewed, the provisions 18 of the collective bargaining agreement shall prevail Section 19 279.13, subsection 3, applies to this section . 20 7. An extracurricular contract may be terminated prior to 21 the expiration of that contract for any lawful reason following 22 an informal, private hearing before the board of directors 23 pursuant to section 279.27 . The decision of the board to 24 terminate an extracurricular contract shall be final. 25 8. a. A termination proceeding regarding an extracurricular 26 contract shall either by the board pursuant to subsection 2 or 27 pursuant to section 279.27 does not affect a contract issued 28 pursuant to section 279.13 . 29 b. A termination of a contract entered into pursuant to 30 section 279.13 , or a resignation from that contract by the 31 teacher, constitutes an automatic termination or resignation of 32 the extracurricular contract in effect between the same teacher 33 and the employing school board. 34 Sec. 38. Section 279.23, subsection 1, paragraph c, Code 35 -24- LSB 2617XS (4) 91 je/js 24/ 49
S.F. 452 2025, is amended to read as follows: 1 c. The rate of compensation per week of five consecutive 2 days or per month of four consecutive weeks . 3 Sec. 39. Section 279.23, subsection 5, Code 2025, is amended 4 to read as follows: 5 5. Notwithstanding the other provisions of this section , 6 a temporary contract may be issued to an administrator for 7 up to nine months. Notwithstanding the other provisions of 8 this section , a temporary contract may also be issued to 9 an administrator to fill a vacancy created by a leave of 10 absence in accordance with the provisions of section 29A.28 , 11 which contract shall automatically terminate upon return from 12 military leave of the former incumbent of the administrator 13 position . Temporary contracts and which contract shall not be 14 subject to the provisions of sections 279.24 and 279.25 . 15 Sec. 40. Section 279.24, subsections 2 and 4, Code 2025, are 16 amended to read as follows: 17 2. If the board of directors is considering termination of 18 an administrators contract, prior to any formal action, the 19 board may arrange to meet in closed session, in accordance with 20 the provisions of section 21.5 , with the administrator and the 21 administrators representative. The board shall review the 22 administrators evaluation, review the reasons for nonrenewal, 23 and give the administrator an opportunity to respond. If, 24 following the closed session, the board of directors and the 25 administrator are unable to mutually agree to a modification 26 or termination of the administrators contract, or the board 27 of directors may issue and the administrator are unable to 28 mutually agree to enter into a one-year , nonrenewable contract , 29 to the administrator. If the board of directors decides to 30 terminate the administrators contract, the board shall follow 31 the procedures in this section . 32 4. Administrators employed in a school district for 33 less than three two consecutive years are probationary 34 administrators. However, a school board may waive the 35 -25- LSB 2617XS (4) 91 je/js 25/ 49
S.F. 452 probationary period for any administrator who has previously 1 served a probationary period in another school district and 2 the school board may extend the probationary period for an 3 additional year with the consent of the administrator. If a 4 school board determines that it should terminate a probationary 5 administrators contract, the school board shall notify the 6 administrator not later than May 15 that the contract will not 7 be renewed beyond the current year. The notice shall be in 8 writing by letter, personally delivered, or mailed by certified 9 mail. The notification shall be complete when received by the 10 administrator. Within ten days after receiving the notice, the 11 administrator may request a private conference with the school 12 board to discuss the reasons for termination. The school 13 boards decision to terminate a probationary administrators 14 contract shall be final unless the termination was based upon 15 an alleged violation of a constitutionally guaranteed right of 16 the administrator. 17 Sec. 41. Section 279.24, subsection 5, paragraphs c, d, e, 18 f, g, and h, Code 2025, are amended to read as follows: 19 c. Within five days after receipt of the written notice 20 that the school board has voted to consider termination of 21 the contract, the administrator may request a private hearing 22 in writing to the secretary of the school board . The board 23 shall then forward that the notification be forwarded to the 24 board of educational examiners along with a request that the 25 board of educational examiners submit a list of five qualified 26 administrative law judges who are employed by the division 27 of administrative hearings created by section 10A.801 to the 28 parties. Within three days from receipt of the list the 29 parties shall select an administrative law judge by alternately 30 removing a name from the list until only one name remains. 31 The person whose name remains shall be the administrative law 32 judge. The parties shall determine by lot which party shall 33 remove the first name from the list. The private hearing shall 34 be held no sooner than twenty ten days and not later than forty 35 -26- LSB 2617XS (4) 91 je/js 26/ 49
S.F. 452 thirty days following the administrators request unless the 1 parties otherwise agree. If the administrator does not request 2 a private hearing, the school board, not later than May 31, may 3 determine the continuance or discontinuance of the contract 4 and, if the board determines to continue the administrators 5 contract, whether to suspend the administrator with or without 6 pay for a period specified by the board. School board action 7 shall be by majority roll call vote entered on the minutes of 8 the meeting. Notice of school board action shall be personally 9 delivered or mailed to the administrator. 10 d. The administrative law judge selected shall notify 11 the secretary of the school board and the administrator in 12 writing concerning the date, time, and location of the private 13 hearing. The school board may be represented by a legal 14 representative, if any, and the administrator shall appear and 15 may be represented by counsel or by representative, if any. 16 Any witnesses for the parties at the private hearing shall be 17 sequestered. A transcript or recording shall be made of the 18 proceedings at the private hearing. A school board member or 19 administrator is not liable for any damage to an administrator 20 or school board member if a statement made at the private 21 hearing is determined to be erroneous as long as the statement 22 was made in good faith. 23 e. The administrative law judge shall, within ten days 24 following the date of the private hearing, make a proposed 25 decision as to whether or not the administrator should be 26 dismissed, and shall give a copy of the proposed decision to 27 the administrator and the school board. Findings of fact shall 28 be prepared by the administrative law judge. The proposed 29 decision of the administrative law judge shall become the final 30 decision of the school board unless within thirty ten days 31 after the filing of the decision the administrator files a 32 written notice of appeal with the school board, or the school 33 board on its own motion determines to review the decision. 34 f. If the administrator appeals to the school board, or if 35 -27- LSB 2617XS (4) 91 je/js 27/ 49
S.F. 452 the school board determines on its own motion to review the 1 proposed decision of the administrative law judge, a private 2 hearing shall be held before the school board within ten five 3 days after the petition for review, or motion for review, has 4 been made or at such other time as the parties agree. The 5 private hearing is not subject to chapter 21 . The school board 6 may hear the case de novo upon the record as submitted before 7 the administrative law judge. In cases where there is an 8 appeal from a proposed decision or where a proposed decision 9 is reviewed on motion of the school board, an opportunity 10 shall be afforded to each party to file exceptions, present 11 briefs, and present oral arguments to the school board which 12 is to render the final decision. The secretary of the school 13 board shall give the administrator written notice of the time, 14 place, and date of the private hearing. The school board shall 15 meet within five days after the private hearing to determine 16 the question of continuance or discontinuance of the contract 17 and, if the board determines to continue the administrators 18 contract, whether to suspend the administrator with or 19 without pay for a period specified by the board or issue the 20 administrator a one-year, nonrenewable contract . The school 21 board shall make findings of fact which shall be based solely 22 on the evidence in the record and on matters officially noticed 23 in the record. 24 g. The decision of the school board shall be in writing 25 and shall include findings of fact and conclusions of law, 26 separately stated . Findings of fact, if set forth in statutory 27 language, shall be accompanied by a concise and explicit 28 statement of the underlying facts supporting the findings. 29 Each conclusion of law shall be supported by cited authority 30 or by reasoned opinion. 31 h. When the school board has reached a decision, opinion, 32 or conclusion, it shall convene in open meeting and by roll 33 call vote determine the continuance or discontinuance of 34 the administrators contract and, if the board votes to 35 -28- LSB 2617XS (4) 91 je/js 28/ 49
S.F. 452 continue the administrators contract, whether to suspend the 1 administrator with or without pay for a period specified by 2 the board or issue the administrator a one-year, nonrenewable 3 contract . The record of the private hearing conference and 4 written decision of the board findings of fact and exceptions 5 shall be exempt from the provisions of chapter 22 . The 6 secretary of the school board shall immediately personally 7 deliver or mail notice of the school boards action to the 8 administrator. 9 Sec. 42. Section 279.27, Code 2025, is amended to read as 10 follows: 11 279.27 Discharge of teacher. 12 1. A teacher may be discharged at any time during the 13 contract year for just cause. The superintendent or the 14 superintendents designee, shall notify the teacher immediately 15 that the superintendent will recommend in writing to the board 16 at a regular or special meeting of the board held not more 17 than fifteen days after notification has been given to the 18 teacher that the teachers continuing contract be terminated 19 effective immediately following a decision of the board. 20 The procedure for dismissal shall be as provided in section 21 279.15, subsection 2 , and sections 279.16 through 279.19 . The 22 superintendent may suspend a teacher under this section pending 23 hearing and determination by the board. 24 2. For purposes of this section , just cause includes 25 but is not limited to a violation of the code of professional 26 conduct and ethics of the board of educational examiners if 27 the board has taken disciplinary action against a teacher, 28 during the six months following issuance by the board of a 29 final written decision and finding of fact after a disciplinary 30 proceeding. 31 Sec. 43. Section 284.3, subsection 2, Code 2025, is amended 32 to read as follows: 33 2. A school board shall provide for the following: 34 a. For purposes of comprehensive evaluations, standards 35 -29- LSB 2617XS (4) 91 je/js 29/ 49
S.F. 452 and criteria which measure a beginning teachers performance 1 against the Iowa teaching standards specified in subsection 1 , 2 and the criteria for the Iowa teaching standards developed by 3 the department in accordance with section 256.9 , to determine 4 whether the teachers practice meets the requirements specified 5 for a career teacher. These standards and criteria shall be 6 set forth in an instrument provided by the department. The 7 comprehensive evaluation and instrument are not subject to 8 negotiations or grievance procedures pursuant to chapter 20 or 9 determinations made by the board of directors under section 10 279.14 . A local school board and its certified bargaining 11 representative may negotiate, pursuant to chapter 20, 12 evaluation and grievance procedures for beginning teachers that 13 are not in conflict with this chapter. If, in accordance with 14 section 279.19, a beginning teacher appeals the determination 15 of a school board to an adjudicator under section 279.17, 16 the adjudicator selected shall have successfully completed 17 training related to the Iowa teacher standards, the criteria 18 adopted by the state board in accordance with subsection 3, and 19 any additional training required under rules adopted by the 20 employment appeal board in cooperation with the state board. 21 b. For purposes of performance reviews for teachers other 22 than beginning teachers, evaluations that contain, at a 23 minimum, the Iowa teaching standards specified in subsection 24 1 , as well as the criteria for the Iowa teaching standards 25 developed by the department in accordance with section 26 256.9, subsection 42 . A local school board and its certified 27 bargaining representative may negotiate, pursuant to chapter 28 20, additional teaching standards and criteria. A local 29 school board and its certified bargaining representative shall 30 negotiate, pursuant to chapter 20, evaluation and grievance 31 procedures for teachers other than beginning teachers that are 32 not in conflict with this chapter. 33 Sec. 44. Section 284.4, subsection 1, paragraph b, 34 subparagraphs (2) and (5), Code 2025, are amended to read as 35 -30- LSB 2617XS (4) 91 je/js 30/ 49
S.F. 452 follows: 1 (2) Monitor the evaluation requirements of this chapter 2 to ensure evaluations are conducted in a fair and consistent 3 manner throughout the school district or agency. The In 4 addition to any negotiated evaluation procedures, the committee 5 shall develop model evidence for the Iowa teaching standards 6 and criteria. The model evidence will minimize paperwork 7 and focus on teacher improvement. The model evidence will 8 determine which standards and criteria can be met with 9 observation and which evidence meets multiple standards and 10 criteria. 11 (5) Determine Ensure the agreement negotiated pursuant to 12 chapter 20 determines the compensation for teachers on the 13 committee for work responsibilities required beyond the normal 14 work day. 15 Sec. 45. Section 284.8, subsections 2 and 3, Code 2025, are 16 amended to read as follows: 17 2. If a supervisor or an evaluator determines, at any time, 18 as a result of a teachers performance that the teacher is not 19 meeting district expectations under the Iowa teaching standards 20 specified in section 284.3, subsection 1 , paragraphs a 21 through h , and the criteria for the Iowa teaching standards 22 developed by the department in accordance with section 256.9, 23 subsection 42 , and any other standards or criteria established 24 in the collective bargaining agreement, the evaluator shall, 25 at the direction of the teachers supervisor, recommend to 26 the district that the teacher participate in an intensive 27 assistance program. The intensive assistance program and its 28 implementation are not subject to negotiation and grievance 29 procedures established pursuant to chapter 20 . All school 30 districts shall be prepared to offer an intensive assistance 31 program. 32 3. A teacher who is not meeting the applicable standards and 33 criteria based on a determination made pursuant to subsection 2 34 shall participate in an intensive assistance program. However, 35 -31- LSB 2617XS (4) 91 je/js 31/ 49
S.F. 452 a teacher who has previously participated in an intensive 1 assistance program relating to particular Iowa teaching 2 standards or criteria shall not be entitled to participate 3 in another intensive assistance program relating to the same 4 standards or criteria and shall be subject to the provisions of 5 subsection 4 . 6 Sec. 46. Section 284.8, subsection 4, Code 2025, is amended 7 by striking the subsection. 8 Sec. 47. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. 10 Sec. 48. APPLICABILITY. This division of this Act applies 11 to employment contracts of school employees entered into 12 pursuant to chapter 279 on and after the effective date of 13 this division of this Act. This division of this Act does 14 not apply to collective bargaining agreements which have been 15 ratified in a ratification election referred to in section 16 20.17, subsection 4, for which an arbitrator has made a final 17 determination as described in section 20.22, subsection 11, 18 or which have become effective, when such events occurred 19 before the effective date of this division of this Act. This 20 division of this Act applies to all collective bargaining 21 procedures provided for in chapter 20 occurring on and after 22 the effective date of this division of this Act and collective 23 bargaining agreements pursuant to chapter 20 for which a 24 ratification election referred to in section 20.17, subsection 25 4, is held, for which an arbitrator makes a final determination 26 as described in section 20.22, subsection 11, or which become 27 effective on or after the effective date of this division of 28 this Act. 29 DIVISION III 30 PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS 31 Sec. 49. Section 22.7, subsection 11, paragraph a, 32 subparagraph (5), Code 2025, is amended to read as follows: 33 (5) The fact that the individual resigned in lieu of 34 termination, was discharged , or was demoted as the result of 35 -32- LSB 2617XS (4) 91 je/js 32/ 49
S.F. 452 a final disciplinary action , and the documented reasons and 1 rationale for the resignation in lieu of termination, the 2 discharge, or the demotion. For purposes of this subparagraph, 3 demoted and demotion mean a change of an employee from 4 a position in a given classification to a position in a 5 classification having a lower pay grade upon the exhaustion of 6 all applicable contractual, legal, and statutory remedies . 7 Sec. 50. REPEAL. Sections 22.13A and 22.15, Code 2025, are 8 repealed. 9 Sec. 51. EFFECTIVE DATE. This division of this Act, being 10 deemed of immediate importance, takes effect upon enactment. 11 Sec. 52. APPLICABILITY. This division of this Act applies 12 to requests for records pursuant to chapter 22 submitted on or 13 after the effective date of this division of this Act. 14 DIVISION IV 15 CITY CIVIL SERVICE REQUIREMENTS 16 Sec. 53. Section 400.12, subsection 4, Code 2025, is amended 17 by striking the subsection. 18 Sec. 54. Section 400.17, subsection 4, Code 2025, is amended 19 to read as follows: 20 4. A person shall not be appointed, denied appointment, 21 promoted, removed, discharged, suspended, or demoted to or 22 from a civil service position or in any other way favored or 23 discriminated against in that position because of political 24 or religious opinions or affiliations, race, national origin, 25 sex, or age, or in retaliation for the exercise of any right 26 enumerated in this chapter . However, the maximum age for a 27 police officer or fire fighter covered by this chapter and 28 employed for police duty or the duty of fighting fires is 29 sixty-five years of age. 30 Sec. 55. Section 400.18, Code 2025, is amended by striking 31 the section and inserting in lieu thereof the following: 32 400.18 Removal, demotion, or suspension. 33 1. A person holding civil service rights as provided in 34 this chapter shall not be removed, demoted, or suspended 35 -33- LSB 2617XS (4) 91 je/js 33/ 49
S.F. 452 arbitrarily, except as otherwise provided in this chapter, but 1 may be removed, demoted, or suspended after a hearing by a 2 majority vote of the civil service commission, for neglect of 3 duty, disobedience, misconduct, or failure to properly perform 4 the persons duties. 5 2. The party alleging neglect of duty, disobedience, 6 misconduct, or failure to properly perform a duty shall have 7 the burden of proof. 8 3. A person subject to a hearing has the right to be 9 represented by counsel at the persons expense or by the 10 persons authorized collective bargaining representative. 11 Sec. 56. Section 400.19, Code 2025, is amended to read as 12 follows: 13 400.19 Removal , or discharge , demotion, or suspension of 14 subordinates. 15 The person having the appointing power as provided in 16 this chapter , or the chief of police or chief of the fire 17 department, may , upon presentation of grounds for such action 18 to the subordinate in writing, peremptorily remove, discharge, 19 demote, or suspend , demote, or discharge a subordinate then 20 under the persons or chiefs direction due to any act or 21 failure to act by the employee that is in contravention of law, 22 city policies, or standard operating procedures, or that in 23 the judgment of the person or chief is sufficient to show that 24 the employee is unsuitable or unfit for employment for neglect 25 of duty, disobedience of orders, misconduct, or failure to 26 properly perform the subordinates duties . 27 Sec. 57. Section 400.20, Code 2025, is amended to read as 28 follows: 29 400.20 Appeal. 30 The removal, discharge suspension , demotion, or suspension 31 discharge of a person holding civil service rights may be 32 appealed to the civil service commission within fourteen 33 calendar days after the removal, discharge suspension , 34 demotion, or suspension discharge . 35 -34- LSB 2617XS (4) 91 je/js 34/ 49
S.F. 452 Sec. 58. Section 400.21, Code 2025, is amended to read as 1 follows: 2 400.21 Notice of appeal. 3 If the appeal be taken by the person removed, discharged 4 suspended , demoted, or suspended discharged , notice of the 5 appeal, signed by the appellant and specifying the ruling 6 appealed from, shall be filed with the clerk of the commission. 7 If the appeal is taken by the person making such removal, 8 discharge suspension , demotion, or suspension discharge , such 9 notice shall also be served upon the person removed, discharged 10 suspended , demoted, or suspended discharged . 11 Sec. 59. Section 400.22, Code 2025, is amended to read as 12 follows: 13 400.22 Charges. 14 Within fourteen calendar days from the service of the notice 15 of appeal, the person or body making the ruling appealed 16 from shall file with the body to which the appeal is taken a 17 written specification of the charges and grounds upon which the 18 ruling was based. If the charges are not filed, the person 19 removed, suspended or discharged , demoted, or suspended may 20 present the matter to the body to whom the appeal is to be 21 taken by affidavit, setting forth the facts, and the body to 22 whom the appeal is to be taken shall immediately enter an 23 order reinstating the person removed, suspended or discharged , 24 demoted, or suspended for want of prosecution. 25 Sec. 60. Section 400.27, subsection 3, Code 2025, is amended 26 to read as follows: 27 3. The city or any civil service employee shall have a 28 right to appeal to the district court from the final ruling or 29 decision of the civil service commission. The appeal shall be 30 taken within thirty days from the filing of the formal decision 31 of the commission. The district court of the county in which 32 the city is located shall have full jurisdiction of the appeal. 33 The scope of review for the appeal shall be limited to de novo 34 appellate review without a trial or additional evidence The 35 -35- LSB 2617XS (4) 91 je/js 35/ 49
S.F. 452 appeal shall be a trial de novo as an equitable action in the 1 district court . 2 Sec. 61. Section 400.28, Code 2025, is amended by striking 3 the section and inserting in lieu thereof the following: 4 400.28 Employees number diminished. 5 1. When the public interest requires a diminution of 6 employees in a classification or grade under civil service, 7 the city council, acting in good faith, may do either of the 8 following: 9 a. Abolish the office and remove the employee from the 10 employees classification or grade thereunder. 11 b. Reduce the number of employees in any classification or 12 grade by suspending the necessary number. 13 2. In case it becomes necessary to remove or suspend any 14 such employees, the persons so removed or suspended shall 15 be those having seniority of the shortest duration in the 16 classifications or grades affected, and such seniority shall be 17 computed as provided in section 400.12 for all persons holding 18 seniority in the classification or grade affected, regardless 19 of their seniority in any other classification or grade, but 20 any such employee so removed from any classification or grade 21 shall revert to the employees seniority in the next lower 22 grade or classification; if such seniority is equal, then the 23 one less efficient and competent as determined by the person or 24 body having the appointing power shall be the one affected. 25 3. In case of removal or suspension, the civil service 26 commission shall issue to each person affected one certificate 27 showing the persons comparative seniority or length of service 28 in each of the classifications or grades from which the person 29 is so removed and the fact that the person has been honorably 30 removed. The certificate shall also list each classification 31 or grade in which the person was previously employed. The 32 persons name shall be carried for a period of not less than 33 three years after the suspension or removal on a preferred list 34 and appointments or promotions made during that period to the 35 -36- LSB 2617XS (4) 91 je/js 36/ 49
S.F. 452 persons former duties in the classification or grade shall 1 be made in the order of greater seniority from the preferred 2 lists. 3 Sec. 62. SENIORITY RIGHTS REESTABLISHED. The seniority 4 rights of any civil service employee extinguished pursuant to 5 section 400.12, subsection 4, on or after February 17, 2017, 6 are hereby reestablished, including accrual of seniority during 7 the period of extinguishment. 8 Sec. 63. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. 10 Sec. 64. APPLICABILITY. This division of this Act applies 11 to employment actions taken on or after the effective date of 12 this division of this Act. 13 DIVISION V 14 HEALTH INSURANCE MATTERS 15 Sec. 65. REPEAL. Section 70A.41, Code 2025, is repealed. 16 Sec. 66. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanations substance by the members of the general assembly. 21 This bill relates to employment matters involving public 22 employees including collective bargaining, educator employment 23 matters, personnel records and settlement agreements, city 24 civil service requirements, and health insurance matters. The 25 bill generally strikes statutory changes made by 2017 Iowa 26 Acts, House File 291, and restores statutory language in effect 27 prior to the enactment of 2017 Iowa Acts, House File 291. 28 DIVISION I PUBLIC EMPLOYEE COLLECTIVE BARGAINING. 29 This division makes a variety of changes to Code chapter 30 20, the public employment relations Act, as well as other 31 Code provisions relating to collective bargaining by public 32 employees. 33 ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE 34 CATEGORIES. The division eliminates public safety employees 35 -37- LSB 2617XS (4) 91 je/js 37/ 49
S.F. 452 and transit employees as separate categories of employees for 1 the purposes of public employee collective bargaining, making 2 affected provisions of Code chapter 20 applicable to all public 3 employees governed by Code chapter 20. 4 SCOPE OF NEGOTIATIONS. The division makes changes to 5 subjects which are negotiated through collective bargaining 6 between public employers and public employees under Code 7 section 20.9. 8 The division provides that the scope of negotiations for 9 all public employees shall consist of wages, hours, vacations, 10 insurance, holidays, leaves of absence, shift differentials, 11 overtime compensation, supplemental pay, seniority, transfer 12 procedures, job classifications, health and safety matters, 13 evaluation procedures, procedures for staff reduction, 14 in-service training, dues checkoff, grievance procedures for 15 resolving any questions arising under the agreement, and 16 other matters mutually agreed upon. The division provides 17 that retirement systems shall be excluded from the scope of 18 negotiations. 19 The division strikes language providing that mandatory 20 subjects of negotiation under Code section 20.9 shall be 21 interpreted narrowly and restrictively. The division strikes 22 language limiting the term of a collective bargaining agreement 23 entered into pursuant to Code chapter 20 to a maximum of five 24 years. 25 ARBITRATION PROCEDURES. The division makes changes to the 26 procedures for arbitration of impasses in collective bargaining 27 between public employers and public employees under Code 28 section 20.22. 29 The division modifies the factors that an arbitrator is 30 required to consider in addition to any other relevant factors 31 in making a final determination on an impasse item. The 32 division requires an arbitrator to consider past collective 33 bargaining contracts between the parties including the 34 bargaining that led up to such contracts; comparison of wages, 35 -38- LSB 2617XS (4) 91 je/js 38/ 49
S.F. 452 hours, and conditions of employment of the involved public 1 employees with those of other public employees doing comparable 2 work, giving consideration to factors peculiar to the area and 3 the classifications involved; the interests and welfare of the 4 public, the ability of the public employer to finance economic 5 adjustments, and the effect of such adjustments on the normal 6 standard of services; and the power of the public employer 7 to levy taxes and appropriate funds for the conduct of its 8 operations. 9 The division strikes language permitting the parties to 10 agree to change the four-day deadline to serve final offers on 11 impasse items after a request for arbitration is received. 12 The division strikes language prohibiting the parties to an 13 arbitration from introducing, and the arbitrator from accepting 14 or considering, any direct or indirect evidence regarding any 15 subject excluded from negotiations pursuant to Code section 16 20.9. 17 The division strikes language providing for a maximum 18 increase in base wages in an arbitrators award. 19 PUBLIC EMPLOYEE ELECTIONS. The division makes changes to 20 public employee elections conducted pursuant to Code section 21 20.15. 22 The division strikes language providing for retention 23 and recertification elections and requires the employment 24 appeal board (EAB) to cancel any such elections scheduled 25 or in process. The division requires the EAB to consider a 26 petition for certification of an employee organization as the 27 exclusive representative of a bargaining unit for which an 28 employee organization was not retained and recertified as the 29 exclusive representative of that bargaining unit regardless of 30 the amount of time that has elapsed since the retention and 31 recertification election, notwithstanding prior requirements 32 prohibiting such consideration for two years. 33 The division provides that the outcome of a certification 34 or decertification election is determined by a majority vote 35 -39- LSB 2617XS (4) 91 je/js 39/ 49
S.F. 452 of the members of the bargaining unit voting, rather than the 1 total membership of the bargaining unit. The division provides 2 for a runoff election if none of the choices on the ballot in a 3 certification election receives a majority vote of the members 4 of the bargaining unit voting. 5 The division lowers the required percentage of support 6 from employees in a bargaining unit required for an employee 7 organization that did not submit a petition for certification 8 as the exclusive bargaining representative of a bargaining unit 9 to be listed on the ballot for a certification election from 30 10 percent to 10 percent. 11 The division strikes language prohibiting the EAB from 12 considering a petition for certification as the exclusive 13 bargaining representative of a bargaining unit unless a 14 period of two years has elapsed from the date of the last 15 certification election in which an employee organization 16 was not certified as the exclusive representative of that 17 bargaining unit or of the last decertification election in 18 which an employee organization was decertified as the exclusive 19 representative of that bargaining unit. The division prohibits 20 the EAB from considering a petition for certification as the 21 exclusive bargaining representative of a bargaining unit for 22 one year after the employee organization is not certified in a 23 certification election. The division makes additional changes 24 relating to the scheduling of decertification elections. 25 EMPLOYEE ORGANIZATION DUES. The division strikes a 26 prohibition on public entities authorizing or administering 27 a deduction from the salaries or wages of its employees for 28 membership dues to an employee organization. The division 29 provides procedures for administering such dues deductions. 30 EAB DUTIES. The division provides that the EAB may interpret 31 and apply, as well as administer, Code chapter 20. 32 The division strikes language permitting the EAB to appoint 33 a certified shorthand reporter to report state employee 34 grievance and discipline resolution proceedings, to contract 35 -40- LSB 2617XS (4) 91 je/js 40/ 49
S.F. 452 with a vendor to conduct elections, to establish fees to cover 1 the cost of elections, and to retain certain funds collected by 2 the EAB as repayment receipts. 3 STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A 4 GUBERNATORIAL ELECTION YEAR. The division strikes language 5 providing for modified collective bargaining procedures for a 6 proposed, statewide collective bargaining agreement to become 7 effective in the year following a general election in which the 8 governor and certain other elected officials are elected. 9 CONFIDENTIAL RECORDS. The division strikes language 10 providing that certain information relating to elections 11 conducted by the EAB is a confidential record under Code 12 chapter 22, the state open records law. 13 MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE 14 COLLECTIVE BARGAINING. The division strikes a definition of 15 supplemental pay. 16 The division strikes language providing that a public 17 employer has the right to evaluate public employees in 18 positions within the public agency. The division strikes 19 language providing that a public employee has the right under 20 Code section 20.8 to exercise any right or seek any remedy 21 provided by law, including but not limited to Code sections 22 70A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code 23 chapters 216 and 400. 24 The division transfers language in Code section 20.10 25 prohibiting a public employee or any employee organization 26 from negotiating or attempting to negotiate directly with a 27 member of the governing board of a public employer if the 28 public employer has appointed or authorized a bargaining 29 representative for the purpose of bargaining with the public 30 employees or their representative to Code section 20.17. 31 The division decreases the amount of time before an employee 32 organization decertified as the exclusive representative of a 33 bargaining unit for violating an injunction against an unlawful 34 strike can be certified again from 24 months to 12 months. 35 -41- LSB 2617XS (4) 91 je/js 41/ 49
S.F. 452 The division strikes language prohibiting voluntary 1 contributions by individuals to political parties or candidates 2 through payroll deductions. 3 The division strikes a requirement that a copy of a final 4 collective bargaining agreement be filed with the EAB by the 5 public employer within 10 days of the agreement being entered 6 into. The division strikes a requirement that the EAB maintain 7 an internet site that allows searchable access to a database 8 of collective bargaining agreements and other collective 9 bargaining information. 10 The division changes the period before retirement for a 11 prohibited voluntary reduction to a nonsupervisory rank or 12 grade by a supervisor and related ineligibility for benefits 13 from 36 months to 6 months. 14 The division strikes language providing that a mediator 15 shall not be required to testify in any arbitration proceeding 16 regarding any matters occurring in the course of a mediation. 17 The division requires a council, board of waterworks, or 18 other board or commission which establishes a pension and 19 annuity retirement system pursuant to Code chapter 412 to 20 negotiate in good faith with a certified employee organization 21 which is the collective bargaining representative of the 22 employees, with respect to the amount or rate of the assessment 23 on the wages and salaries of employees and the method or 24 methods for payment of the assessment by the employees. 25 The division makes additional conforming changes. 26 TRANSITION PROVISIONS DEADLINE. The division requires 27 parties, mediators, and arbitrators engaging in any collective 28 bargaining procedures provided for in Code chapter 20, Code 29 2025, who have not, before the effective date of the division, 30 completed such procedures, to immediately terminate any such 31 procedures in process as of the effective date of the division. 32 The division provides that a collective bargaining agreement 33 negotiated pursuant to such procedures in process shall not 34 become effective. The division prohibits parties, mediators, 35 -42- LSB 2617XS (4) 91 je/js 42/ 49
S.F. 452 and arbitrators from engaging in further collective bargaining 1 procedures except as provided in the division. The division 2 requires such parties to commence collective bargaining in 3 accordance with Code section 20.17, as amended by the division. 4 The division requires such parties to complete such bargaining 5 not later than June 30, 2025, unless the parties mutually agree 6 to a different deadline. 7 The division requires the EAB to adopt emergency rules to 8 implement these requirements. The division also requires the 9 department of administrative services to adopt emergency rules 10 to implement the provisions of the division relating to dues 11 deductions. 12 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 13 takes effect upon enactment. 14 With the exception of the section of the division amending 15 Code section 20.6, subsection 1, the division does not apply 16 to collective bargaining agreements which have been ratified 17 in a ratification election, for which an arbitrator has made 18 a final determination, or which have become effective, when 19 such events occurred before the effective date of the division. 20 The division applies to all collective bargaining procedures 21 provided for in Code chapter 20 occurring on and after the 22 effective date of the division and collective bargaining 23 agreements for which a ratification election is held, for which 24 an arbitrator makes a final determination, or which become 25 effective on or after the effective date of the division. 26 DIVISION II EDUCATOR EMPLOYMENT MATTERS. This division 27 makes a variety of changes relating to educator employment 28 matters. 29 TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division 30 makes various changes relating to the termination of teacher 31 employment contracts. 32 The division shortens various procedural deadlines 33 regarding private hearings held after a superintendent 34 recommends termination of a teachers employment contract. 35 -43- LSB 2617XS (4) 91 je/js 43/ 49
S.F. 452 The division makes participation in such a private hearing 1 by the superintendent, the superintendents designated 2 representatives, the teachers immediate supervisor, the 3 teacher, and the teachers representatives mandatory on the 4 part of those individuals instead of discretionary. The 5 division requires that the school board employ a certified 6 shorthand reporter to keep a record of a private hearing. 7 The division requires the school board to issue subpoenas 8 for witnesses and evidence on behalf of the board and the 9 teacher. The division provides for a judicial remedy if a 10 witness appears and refuses to testify or to produce required 11 books or papers at a private hearing. The division authorizes 12 the superintendent and the teacher to file written briefs and 13 arguments with the board at the conclusion of the private 14 hearing. The division provides deadlines for determining 15 the status of the teachers contract if the teacher does not 16 request a private hearing. The division requires that the 17 decision of the board include findings of fact and conclusions 18 of law. The division strikes language authorizing a school 19 board which votes to continue a teachers contract to issue 20 the teacher a one-year, nonrenewable contract. The division 21 permits a teacher to appeal the boards determination to an 22 adjudicator and provides procedures for such appeals. 23 TEACHER PROBATIONARY PERIODS. The division makes various 24 changes relating to probationary employment of teachers. 25 The division decreases from two years to one year the 26 length of a teachers probationary employment period in a 27 school district if the teacher has successfully completed a 28 probationary period of employment for another school district 29 located in Iowa. 30 The division provides that requirements for notices of 31 termination, private hearings, and appeals applicable to 32 nonprobationary teachers whose employment contracts are 33 terminated are applicable to probationary teachers whose 34 employment contracts are terminated. The division strikes 35 -44- LSB 2617XS (4) 91 je/js 44/ 49
S.F. 452 alternative procedures for the termination of employment 1 contracts of such probationary teachers, including notification 2 procedures and the opportunity to request a private conference 3 with the school board. 4 EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS. 5 The division makes various changes relating to extracurricular 6 interscholastic athletic coach employment contracts. 7 The division provides that wages for such coaches shall be 8 paid pursuant to established or negotiated supplemental pay 9 schedules. The division provides that employment contracts 10 of such coaches shall be continued automatically in force and 11 effect for equivalent periods and that the termination of such 12 contracts follows procedures similar to those used for teacher 13 contracts. The division strikes language providing that 14 employment contracts of such coaches may be terminated prior to 15 their expiration for any lawful reason following an informal, 16 private hearing before the school board. The division strikes 17 language providing that the decision of the school board to 18 terminate such a contract is final. 19 SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes 20 various changes relating to school administrator employment 21 matters. 22 The division provides that the rate of compensation in an 23 administrators employment contract must be on a weekly or 24 monthly basis. 25 The division strikes language authorizing a school board to 26 issue a temporary employment contract to an administrator for 27 a period of up to nine months. 28 The division strikes language authorizing a school board to 29 issue a one-year, nonrenewable employment contract and instead 30 authorizes a school board considering the termination of an 31 administrators contract and the administrator to mutually 32 agree to enter into such a contract. 33 The division decreases the probationary employment period 34 for administrators from three years to two years and authorizes 35 -45- LSB 2617XS (4) 91 je/js 45/ 49
S.F. 452 a school board to waive the probationary period for an 1 administrator who previously served a probationary period in 2 another school district. 3 The division strikes language providing that a hearing 4 before an administrative law judge requested by an 5 administrator whose employment contract a school board is 6 considering terminating shall be a private hearing. The 7 division reduces certain procedural deadlines relating to such 8 hearings. The division strikes language providing that any 9 witnesses for the parties at the hearing shall be sequestered. 10 The division requires that the decision of the board include 11 findings of fact and conclusions of law. The division strikes 12 language authorizing a school board which votes to continue an 13 administrators contract to issue the administrator a one-year, 14 nonrenewable contract. 15 INTENSIVE ASSISTANCE PROGRAMS. The division makes various 16 changes relating to intensive assistance programs. 17 The division strikes language providing that a teacher who 18 has previously participated in an intensive assistance program 19 relating to particular Iowa teaching standards or criteria 20 shall not be entitled to participate in another intensive 21 assistance program relating to the same standards or criteria. 22 The division strikes language providing that following a 23 teachers participation in an intensive assistance program, the 24 teacher shall be reevaluated to determine whether the teacher 25 successfully completed the intensive assistance program and 26 is meeting district expectations under the applicable Iowa 27 teaching standards or criteria. The division strikes language 28 providing that if the teacher did not successfully complete 29 the intensive assistance program or continues not to meet the 30 applicable Iowa teaching standards or criteria, the board may 31 initiate procedures to terminate the teachers employment 32 contract immediately or at the end of the school year or may 33 continue the teachers contract for a period not to exceed one 34 year on a nonrenewable basis and without the right to a private 35 -46- LSB 2617XS (4) 91 je/js 46/ 49
S.F. 452 hearing. 1 MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT 2 MATTERS. The division strikes language authorizing a school 3 board to issue a temporary employment contract to a teacher for 4 a period of up to six months. 5 The division strikes language providing that just cause 6 for which a teacher may be discharged at any time during the 7 contract year under Code section 279.27 includes but is not 8 limited to a violation of the code of professional conduct 9 and ethics of the board of educational examiners if the board 10 has taken disciplinary action against a teacher during the 11 six months following issuance by the board of a final written 12 decision and finding of fact after a disciplinary proceeding. 13 The division either authorizes or requires a school board 14 and its certified bargaining representative to negotiate 15 various matters pursuant to Code chapter 20. 16 The division makes additional conforming changes. 17 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 18 takes effect upon enactment. 19 The division applies to employment contracts of school 20 employees entered into pursuant to Code chapter 279 on and 21 after the effective date of the division. The division does 22 not apply to collective bargaining agreements pursuant to Code 23 chapter 20 which have been ratified in a ratification election, 24 for which an arbitrator has made a final determination, or 25 which have become effective, when such events occurred before 26 the effective date of the division. The division applies to 27 all collective bargaining procedures provided for in Code 28 chapter 20 occurring on and after the effective date of the 29 division and collective bargaining agreements pursuant to Code 30 chapter 20 for which a ratification election is held, for which 31 an arbitrator makes a final determination, or which become 32 effective on or after the effective date of the division. 33 DIVISION III PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS. 34 This division makes changes relating to public employee 35 -47- LSB 2617XS (4) 91 je/js 47/ 49
S.F. 452 personnel records and settlement agreements. 1 PERSONNEL RECORDS. The division strikes language providing 2 that certain information relating to the discipline, 3 resignation, discharge, or demotion of a public employee is a 4 public record and requiring notice to affected employees. 5 PERSONNEL SETTLEMENT AGREEMENTS. The division also strikes 6 language prohibiting a personnel settlement agreement between 7 the state and a state executive branch employee that contains 8 confidentiality or nondisclosure provisions that attempt to 9 prevent the disclosure of the agreement. 10 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 11 takes effect upon enactment. 12 The division applies to requests for records submitted on or 13 after the effective date of the division. 14 DIVISION IV CITY CIVIL SERVICE REQUIREMENTS. This 15 division makes a variety of changes relating to city civil 16 service requirements under Code chapter 400. 17 SENIORITY RIGHTS. The division strikes language permitting 18 a city council to extinguish statutory seniority rights of 19 all city civil service employees who are not employed or 20 appointed as a fire fighter or police officer, fire chief or 21 police chief, or assistant fire chief or assistant police 22 chief, unless otherwise provided in a collective bargaining 23 agreement. The division reestablishes any such rights so 24 extinguished, including accrual of seniority during the period 25 of extinguishment. 26 ADVERSE EMPLOYMENT ACTIONS GROUNDS AND PROCEDURES. The 27 division provides that adverse employment action may be taken 28 against a city civil service employee for neglect of duty, 29 disobedience, misconduct, or failure to properly perform the 30 persons duties. The division strikes language permitting such 31 action to be taken due to any act or failure to act by the 32 employee that is in contravention of law, city policies, or 33 standard operating procedures, or that in the judgment of the 34 person having the appointing power as provided in Code chapter 35 -48- LSB 2617XS (4) 91 je/js 48/ 49
S.F. 452 400, or the chief of police or chief of the fire department, is 1 sufficient to show that the employee is unsuitable or unfit for 2 employment. 3 The division strikes language providing that the scope of 4 review for an appeal to district court from a civil service 5 commission shall be limited to de novo appellate review without 6 a trial or additional evidence, instead providing that the 7 appeal shall be a trial de novo as an equitable action. 8 DIMINUTION OF EMPLOYEES. The division provides that a 9 diminution of city employees by a city council can only be 10 implemented when the public interest requires. The division 11 permits a diminution to be carried out either by abolishing 12 an office and removing the employee from the employees 13 classification or grade thereunder, or reducing the number of 14 employees in any classification or grade by suspending the 15 necessary number. The division provides for such removal to be 16 carried out based on seniority and requires that employees so 17 removed be placed on a preferred list for at least three years 18 for purposes of appointments or promotions made during that 19 period to the persons former duties. 20 MISCELLANEOUS PROVISIONS. The division makes changes in 21 terminology relating to adverse employment actions for city 22 civil service employees. 23 The division makes additional conforming changes. 24 EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division 25 takes effect upon enactment. 26 The division applies to employment actions taken on or after 27 the effective date of the division. 28 DIVISION V HEALTH INSURANCE MATTERS. This division 29 strikes a requirement that a public employer shall offer health 30 insurance to all permanent, full-time public employees employed 31 by the public employer. 32 EFFECTIVE DATE. The division takes effect upon enactment. 33 -49- LSB 2617XS (4) 91 je/js 49/ 49