Read the full stored bill text
Senate
File
196
-
Introduced
SENATE
FILE
196
BY
DONAHUE
A
BILL
FOR
An
Act
relating
to
employment
matters
involving
public
1
employees
including
collective
bargaining,
educator
2
employment
matters,
personnel
records
and
settlement
3
agreements,
city
civil
service
requirements,
and
4
health
insurance
matters,
and
including
effective
date,
5
applicability,
and
transition
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
TLSB
1599XS
(1)
91
je/js
S.F.
196
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
employer’s
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
member’s
dues
may
be
checked
off
only
upon
the
35
-1-
LSB
1599XS
(1)
91
je/js
1/
49
S.F.
196
member’s
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
board’s
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
1599XS
(1)
91
je/js
2/
49
S.F.
196
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
1599XS
(1)
91
je/js
3/
49
S.F.
196
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
arbitrator’s
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
1599XS
(1)
91
je/js
4/
49
S.F.
196
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
governor’s
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
board’s
receipt
of
the
request
for
arbitration
,
or
by
a
35
-5-
LSB
1599XS
(1)
91
je/js
5/
49
S.F.
196
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
arbitrator’s
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
arbitrator’s
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
1599XS
(1)
91
je/js
6/
49
S.F.
196
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
arbitrator’s
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
arbitrator’s
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
1599XS
(1)
91
je/js
7/
49
S.F.
196
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
1599XS
(1)
91
je/js
8/
49
S.F.
196
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
1599XS
(1)
91
je/js
9/
49
S.F.
196
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
1599XS
(1)
91
je/js
10/
49
S.F.
196
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
1599XS
(1)
91
je/js
11/
49
S.F.
196
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
1599XS
(1)
91
je/js
12/
49
S.F.
196
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
1599XS
(1)
91
je/js
13/
49
S.F.
196
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
1599XS
(1)
91
je/js
14/
49
S.F.
196
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
individual’s
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
superintendent’s
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
1599XS
(1)
91
je/js
15/
49
S.F.
196
at
least
a
majority
of
the
members
of
the
board,
their
1
legal
representatives,
if
any,
the
superintendent,
the
2
superintendent’s
designated
representatives,
if
any,
the
3
teacher’s
immediate
supervisor,
the
teacher,
the
teacher’s
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
superintendent’s
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
teacher’s
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
1599XS
(1)
91
je/js
16/
49
S.F.
196
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
superintendent’s
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
teacher’s
contract
23
and,
if
the
board
votes
to
continue
the
teacher’s
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
1599XS
(1)
91
je/js
17/
49
S.F.
196
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
teacher’s
contract
and,
if
the
board
votes
to
continue
the
18
teacher’s
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
board’s
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
board’s
legal
35
-18-
LSB
1599XS
(1)
91
je/js
18/
49
S.F.
196
representative,
if
any,
and
the
teacher
or
the
teacher’s
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
1599XS
(1)
91
je/js
19/
49
S.F.
196
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
1599XS
(1)
91
je/js
20/
49
S.F.
196
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
adjudicator’s
3
decision
by
notifying
the
board’s
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
adjudicator’s
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
adjudicator’s
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
adjudicator’s
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
adjudicator’s
34
decision
equitable
or
legal
and
including
declaratory
relief
35
-21-
LSB
1599XS
(1)
91
je/js
21/
49
S.F.
196
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
1599XS
(1)
91
je/js
22/
49
S.F.
196
2.
a.
In
the
case
of
the
termination
of
a
probationary
1
teacher’s
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
board’s
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
teacher’s
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
1599XS
(1)
91
je/js
23/
49
S.F.
196
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
1599XS
(1)
91
je/js
24/
49
S.F.
196
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
administrator’s
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
administrator’s
representative.
The
board
shall
review
the
22
administrator’s
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
administrator’s
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
administrator’s
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
1599XS
(1)
91
je/js
25/
49
S.F.
196
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
administrator’s
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
board’s
decision
to
terminate
a
probationary
administrator’s
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
1599XS
(1)
91
je/js
26/
49
S.F.
196
thirty
days
following
the
administrator’s
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
administrator’s
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
1599XS
(1)
91
je/js
27/
49
S.F.
196
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
administrator’s
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
administrator’s
contract
and,
if
the
board
votes
to
35
-28-
LSB
1599XS
(1)
91
je/js
28/
49
S.F.
196
continue
the
administrator’s
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
board’s
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
superintendent’s
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
teacher’s
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
1599XS
(1)
91
je/js
29/
49
S.F.
196
and
criteria
which
measure
a
beginning
teacher’s
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
teacher’s
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
1599XS
(1)
91
je/js
30/
49
S.F.
196
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
teacher’s
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
teacher’s
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
1599XS
(1)
91
je/js
31/
49
S.F.
196
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
1599XS
(1)
91
je/js
32/
49
S.F.
196
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
1599XS
(1)
91
je/js
33/
49
S.F.
196
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
person’s
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
person’s
expense
or
by
the
10
person’s
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
person’s
or
chief’s
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
subordinate’s
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
1599XS
(1)
91
je/js
34/
49
S.F.
196
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
1599XS
(1)
91
je/js
35/
49
S.F.
196
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
employee’s
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
employee’s
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
person’s
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
person’s
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
1599XS
(1)
91
je/js
36/
49
S.F.
196
person’s
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
explanation’s
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
1599XS
(1)
91
je/js
37/
49
S.F.
196
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
1599XS
(1)
91
je/js
38/
49
S.F.
196
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
arbitrator’s
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
1599XS
(1)
91
je/js
39/
49
S.F.
196
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
1599XS
(1)
91
je/js
40/
49
S.F.
196
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
1599XS
(1)
91
je/js
41/
49
S.F.
196
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
1599XS
(1)
91
je/js
42/
49
S.F.
196
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
teacher’s
employment
contract.
35
-43-
LSB
1599XS
(1)
91
je/js
43/
49
S.F.
196
The
division
makes
participation
in
such
a
private
hearing
1
by
the
superintendent,
the
superintendent’s
designated
2
representatives,
the
teacher’s
immediate
supervisor,
the
3
teacher,
and
the
teacher’s
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
teacher’s
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
teacher’s
contract
to
issue
20
the
teacher
a
one-year,
nonrenewable
contract.
The
division
21
permits
a
teacher
to
appeal
the
board’s
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
teacher’s
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
1599XS
(1)
91
je/js
44/
49
S.F.
196
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
administrator’s
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
administrator’s
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
1599XS
(1)
91
je/js
45/
49
S.F.
196
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
administrator’s
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
teacher’s
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
teacher’s
employment
32
contract
immediately
or
at
the
end
of
the
school
year
or
may
33
continue
the
teacher’s
contract
for
a
period
not
to
exceed
one
34
year
on
a
nonrenewable
basis
and
without
the
right
to
a
private
35
-46-
LSB
1599XS
(1)
91
je/js
46/
49
S.F.
196
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
1599XS
(1)
91
je/js
47/
49
S.F.
196
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
person’s
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
1599XS
(1)
91
je/js
48/
49
S.F.
196
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
employee’s
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
person’s
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
1599XS
(1)
91
je/js
49/
49