SAI Annual Conference 2016 Matt Carver J D

SAI Annual Conference 2016 Matt Carver, J. D. , Legal Services Director tel - 515. 267. 1115, fax - 515. 267. 1066 Email – mcarver@sai-iowa. org 6/11/2021 1

Confidentiality of Complaints & Juvenile Court Records – SF 2288 n Except for cases alleging a forcible felony, all official juvenile court records in delinquency cases are confidential and are no longer public records. n The superintendent or superintendent’s designee still have an independent right to inspect or receive the confidential juvenile court record in the delinquency case pursuant to Iowa Code Section 232. 147(3)(l). 6/11/2021 2

Confidentiality of Complaints & Juvenile Court Records – SF 2288 (cont. ) n The Iowa Attorney General’s Office also considers it permissible for law enforcement to disclose the delinquency complaint and contents of the complaint to the superintendent or superintendent’s designee. n However, school officials are prohibited from further disseminating the contents of a confidential juvenile court record. 6/11/2021 3

Reading Proficiency Assessments & Summer Reading – HF 2413 n This bill includes THREE MODIFICATIONS to Iowa Code § 279. 68: n (1) “Persistently at risk” replaced “substantial deficiency”. n “Persistently at risk” means the student has not met the grade-level benchmark on two consecutive screening assessments 6/11/2021 4

Reading Proficiency Assessments & Summer Reading – HF 2413 (cont. ) n (2) Requires regular updates to the parent/guardian regarding the student’s progress toward reaching or exceeding the targeted level of reading proficiency. n NO LONGER JUST AN ANNUAL NOTIFICATION. 6/11/2021 5

Reading Proficiency Assessments & Summer Reading – HF 2413 (cont. ) n (3) Clarifies that the determination of reading proficiency includes universal screening and annual standard-based assessments. n THE DE WILL PROVIDE COMPREHENSIVE GUIDANCE on INTENSIVE SUMMER READING PROGRAMS and the implementation of all early literacy legislation LATER THIS MONTH!!! 6/11/2021 6

Instruction Provided by Iowa Learning Online Initiative – SF 2200 n This bill expands the ability of school districts to offer online courses if: n (1) the course is provided by an Iowa licensed teacher with online learning experience. n (2) The course content is aligned with school district and state standards. 6/11/2021 7

Instruction Provided by Iowa Learning Online Initiative – SF 2200 (cont. ) n This bill expands the ability of school districts to offer online courses if: (cont. ) n (3) The course is NOT OFFERED through Iowa Learning Online, or Iowa Learning Online course is full. n (4) The course is the sole alternative that semester to the Iowa Learning Online course. 6/11/2021 8

Coaching Authorizations – HF 228 n This bill requires the Board of Educational Examiners (Bo. EE) to issue a transitional coaching authorization to an individual who is at least 21 years old and has proof of a coaching offer but has not completed coaching authorization coursework. n The transitional license will be good for one (1) year. 6/11/2021 9

Coaching Authorizations – HF 228 (cont. ) n n n Prior to issuing a transitional coaching license the Bo. EE will require: (1) Completion of a shortened educational practices and ethics course. (2) Completion of the mandatory reporter training. (3) Completion of a nationally recognized concussion in youth sports training course. (4) Compliance with background investigation requirements. 6/11/2021 10

Athletic Eligibility in Harassment/Bullying Cases – HF 2264 n This bill provides an exemption for students to play varsity sports immediately upon open enrolling to another district if the district of residence determines the student was previously subject to a FOUNDED CASE of harassment or bullying in the resident district. n Without an exemption, the 90 day rule would still be in effect. 6/11/2021 11

Elections Administration – HF 2273 n REORGANIZATION PLAN COMPLETION - requires that a school district reorganization plan must be completed at the SECOND regular school election following the effective date of the reorganization, instead of the THIRD regular school election. n SCHOOL BOARD VACANCY APPOINTMENTS - sets the tenure of a vacancy appointee to the school board until the next regular school election, unless there is an intervening special election scheduled, in which case the special election will be utilized. 12 6/11/2021

Public Notice and Accessibility of Meetings – HF 2364 n This bill provides an exception to the 24 – hour notice requirement when a governmental body is prevented from convening an otherwise properly noticed meeting. (e. g. – storm prevents meeting, broken water line, etc. ) n The governmental body may convene the meeting if the body posts an amended notice of the meeting in a manner reasonably calculated to apprise the public of the information. 6/11/2021 13

Public Notice and Accessibility of Meetings – HF 2364 (cont. ) n Reasonable notice shall include: n (1) Advising news media who have requested notice. n (2) Posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the district office or at the building where the meeting is held. 6/11/2021 14

Notice for Public Improvement Projects – SF 2170 n This bill eliminates the need for publication of bid notices in the newspaper; instead, bid notices must be posted in the below three online sources: n 1) a relevant contractor plan room service with state circulation; 2) a relevant construction lead generating service with statewide circulation; and on an, 3) Internet site sponsored by either a governmental entity or a statewide association that represents the governmental entity. 6/11/2021 15

Notice for Public Improvement Projects – SF 2170 (cont. ) n This bill further increases the timeframe in which a public body must provide notice of bids for projects that exceed the competitive bid threshold amount. The amended bid notice is now no less than 13 days (INSTEAD OF 4 days) and not more than 45 days before the date for filing bids. n Provides an expedited process if bid opening is delayed (notice requirements go back to no less than 4 days and not more than 45 days if there is a delay). 6/11/2021 16

Gender Identity and Transgender Students n n n Transgender Students, Gender Identity, and use of Restrooms and Locker Rooms (1) Often parents or guardians are involved from the beginning. If not, consider the age of the student and the student’s desire and relationship with parents/guardians in determining the extent of parental involvement (2) It is ok to offer for the student to use a private restroom or shower area, but not permissible to require the student to do so 6/11/2021 17

Gender Identity and Transgender Students n n Transgender Students, Gender Identity, and use of Restrooms and Locker Rooms (cont. ) (3) It is perfectly reasonable to consider the privacy of other students as well to meet their privacy requests as long as the transgender student or student who identifies with a sex other than assigned at birth is permitted to use restroom or locker room of choice 6/11/2021 18

Gender Identity and Transgender Students n (4) ON a separate but related issue, ensure staff members use names and pronouns requested by the student (legal names would stay the same on permanent records) 6/11/2021 19

Iowa Cases n n n State of Iowa v. Lindsey, (Iowa 2016). Facts: Mar’Yo Lindsey appealed his judgment and sentence for possession of a firearm, controlled substances, and other charges. Lindsey argued that the district court should have granted his motion to suppress evidence obtained in the search of a school-issued gym bag. Lindsey suffered a serious injury in a Dunkerton football game. Superintendent Jim Stanton called an ambulance to take him to a hospital. On learning he would have to be hospitalized, Lindsey asked Stanton to have his friend take his equipment bag. Lindsey seemed more concerned about the bag than his own health. 6/11/2021 20

Iowa Cases n n State of Iowa v. Lindsey, (Iowa 2016). Facts: At the high school, Superintendent Stanton searched the bag and found a loaded firearm and drug paraphernalia. Lindsey argued this search was unreasonable and violated his 4 th Amendment rights. 6/11/2021 21

Iowa Cases n n n State of Iowa v. Lindsey, (Iowa 2016). The Iowa Supreme Court held: While searching a school-issued bag still implicates the 4 th Amendment, school officials were reasonable in doing so. Factors considered: (1) The Iowa Supreme Court reached the conclusion that the seizure and search in this case met T. L. O. standards, because the seizure of Lindsey's bag was not based merely on history of involvement with drugs and guns or merely upon somewhat suspicious or ambiguous furtive gestures. 6/11/2021 22

Iowa Cases n n State of Iowa v. Lindsey, (Iowa 2016). (cont. ) Factors considered: (2) Further, the suspicious statement here was not in any way caused by school officials but was volunteered by Lindsey. (3) Given Lindsey's potentially serious injury on the football field, it was truly odd for him to be worried about who grabbed his equipment bag to return it to school. Lindsey's volunteered request raised eyebrows considering history of drug abuse and firearm violations. 6/11/2021 23

Iowa Cases n n n State of Iowa v. Lindsey, (Iowa 2016). (cont. ) Factors considered: (4) Although drawing the line between a hunch and reasonable suspicion as required is often difficult, we conclude that in this case school officials were operating on a " 'common-sense conclusio[n] about human behavior' upon which 'practical people'—including government officials—are entitled to rely. " T. L. O. , 469 U. S. at 346, 105 S. Ct. at 745, 83 L. Ed. 2 d at 737 (quoting Cortez, 449 U. S. at 418, 101 S. Ct. at 695, 66 L. Ed. 2 d at 629). 6/11/2021 24

Iowa Cases n n n State of Iowa v. Lindsey, (Iowa 2016). (cont. ) Factors considered: (5) In light of our resolution of this case, however, we need not reach the issue of whether the loud thud was an insufficient basis for the search or was fruit of an unlawful seizure. Instead, we conclude that reasonable suspicion under T. L. O. existed prior to the loud thud and that the loud thud merely provided additional reason to press the search into the blue backpack contained within the equipment bag. 6/11/2021 25

Iowa Cases n n n Hutchison v. Shull & Board of Supervisors for Warren County, 878 N. W. 2 d 221 (Iowa 2016). Facts: Former Warren County employees brought an action against the county and its board of supervisors alleging a violation of the open meetings law contained in chapter 21 of the Iowa Code. The district court dismissed the action, finding the board members' activities did not constitute a “meeting” as defined in Iowa Code section 21. 2(2) (2013). In reaching its conclusion, the district court found that although the board members deliberated concerning matters within the scope of their policy-making duties, a majority of the supervisors never deliberated at a meeting within the meaning of section 21. 2(2). 6/11/2021 26

Iowa Cases n n n Hutchison v. Shull & Board of Supervisors for Warren County, 878 N. W. 2 d 221. (cont. ) The Iowa Supreme Court held: The definition of meeting in section 21. 2(2) extends to all in-person gatherings at which there is deliberation upon any matter within the scope of the policy-making duties of a governmental body by a majority of its members, including in-person gatherings attended by a majority of the members by virtue of an agent or a proxy. 6/11/2021 27

Iowa Cases n n n Hutchison v. Shull & Board of Supervisors for Warren County, 878 N. W. 2 d 221. (cont. ) The Iowa Supreme Court held: If the individual board members and the county administrator had gathered merely for the purpose of gathering information or discussing the various options available to the board in implementing the reorganization or achieving government efficiency, a meeting under section 21. 2(2) would not have occurred. 6/11/2021 28

Iowa Cases n n n Hutchison v. Shull & Board of Supervisors for Warren County, 878 N. W. 2 d 221. (cont. ) The Iowa Supreme Court held: In fact, the supervisors concede they intentionally used the county administrator to facilitate discussion amongst themselves concerning various aspects of the reorganization and to negotiate an agreement concerning the precise details of the reorganization plan, as evidenced by the fact that the board never discussed the plan at an open meeting before they actually implemented it. The legislature clearly intended public bodies subject to the open meetings law to deliberate the basis and rationale for important decisions such as these, as well as the decisions themselves, during open meetings. Iowa Code § 21. 1. 6/11/2021 29

Iowa Cases n Hutchison v. Shull & Board of Supervisors for Warren County, 878 N. W. 2 d 221. (cont. ) n LESSONS LEARNED: 1) Ensure board deliberation occurs in open meetings, unless an exception or exemption applies. n n 2) DO NOT ACT AS A PROXY TO DETERMINE VOTES FOR SCHOOL BOARD MEMBERS!! 6/11/2021 30

Bo. EE Mandatory Reporting n n Disciplinary action in the following areas: (1) soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student; (2) falsifying student grades, test scores, or other official information or material; and (3) converting public property to the personal use of the school employee. 6/11/2021 31

Bo. EE Mandatory Reporting n n Disciplinary actions that trigger the reporting requirement include written reprimands, written warnings, job separation agreements, resignations, non-renewals, or terminations resulting from conduct in the three listed areas. School officials must also report nonrenewal, termination, or resignation based on conduct that, if proven, would be a disqualifying criminal offense (certain forcible felonies and sexual offenses involving children). POC – Darcy Hathaway, at 515 -242 -6506, email – darcy. hathaway@iowa. gov 6/11/2021 n 32