ARC 0222D

ARC 0222D

HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT[605]

Notice of Intended Action

Proposing rulemaking related to school safety and providing an opportunity for public comment

    The Department of Homeland Security and Emergency Management hereby proposes to amend Chapter 13, “School Safety,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in 2024 Iowa Acts, House File 2652.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, 2024 Iowa Acts, House File 2652.

Purpose and Summary

    The current chapter does not provide for any transitional or safe harbor protections for school districts that purchased products related to unholstered weapons detection soon after the enactment of 2024 Iowa Acts, House File 2652. Because the rulemaking and development of the list of eligible organizations took some time, the Department wishes to provide safe harbor for the school districts that did procure technologies related to unholstered weapons detection prior to the publication of the list, provided the organizations complied with the requirements at the time and were eventually approved to be on the list by the Department.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on March 4, 2026. A public hearing was held on the following date(s):

     ?   March 24, 2026

Fiscal Impact

    This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

Public Comment

    Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on May 20, 2026. Comments should be directed to:

Public Hearing

    A public hearing at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Adopt the following new subrule  13.1(4):

    13.1(4) Transitional compliance and retroactive approval:

    a.  A school district or accredited nonpublic school that purchased an unholstered weapons detection system after May 17, 2024, but prior to the department’s first publication of the approved organization list, shall be deemed in compliance with Iowa Code section 279.86 and this chapter, provided that:

    (1)   The organization and product are subsequently added to the approved list; or

    (2)   The school provides documentation to the department demonstrating that the organization and product met the eligibility criteria in rule 605—13.2(90GA,HF2652) at the time of purchase.

    b.   Systems approved under this subrule may continue to be used and maintained for the duration of the existing contract or the operational life of the equipment, whichever is shorter, without requiring a new procurement from the approved list.

    ITEM 2.  Adopt the following new subrule  13.2(3):

    13.2(3) For purposes of the transitional exception in subrule 13.1(4), the department may evaluate an organization’s qualification based on the technical specifications and security standards in place at the time of the school’s initial procurement.