ARC 4294C

ARC 4294C

EDUCATION DEPARTMENT[281]

Adopted and Filed

Rule making related to school health services

The State Board of Education hereby amends Chapter 14, "School Health Services," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 256.7.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapter 279 and 2018 Iowa Acts, Senate File 2113.

Purpose and Summary

2018 Iowa Acts, Senate File 2113, established that the State Board shall adopt rules requiring school districts to adopt protocols for suicide prevention and postvention and the identification of adverse childhood experiences and strategies to mitigate toxic stress response. This rule making implements Senate File 2113.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 5, 2018, as ARC 4157C. A public hearing was held on January 8, 2019, at 9 a.m.in the State Board Room, Second Floor, Grimes State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. One change from the Notice has been made to replace a reference to 2018 Iowa Acts, Senate File 2113, with references to Iowa Code sections 256.7(33) and 279.70.

Adoption of Rule Making

This rule making was adopted by the State Board on January 16, 2019.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa. AEA PD Online is providing free training.

Jobs Impact

There will be training requirements for schools, which may have a cost attached. However, there is a free training that is being provided by AEA PD Online.

Waivers

An agencywide rule waiver is provided for in 281—Chapter 4.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making 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).

Effective Date

This rule making will become effective on March 20, 2019.

The following rule-making actions are adopted:

Item 1. Renumber rule 281—14.4(256,280) as 281—14.5(256,280).

Item 2. Adopt the following new rule 281—14.4(279):

281—14.4(279) Suicide prevention, identification of adverse childhood experiences, and strategies to mitigate toxic stress response.

14.4(1) Definitions.

"Adverse childhood experience" means a potentially traumatic event occurring in childhood that can have negative, lasting effects on an individual's health and well-being.

"Postvention" means the provision of crisis intervention, support, and assistance for those affected by a suicide or suicide attempt to prevent further risk of suicide.

14.4(2) Required protocols. School districts shall adopt protocols for suicide prevention and postvention and the identification of adverse childhood experiences and strategies to mitigate toxic stress response. The protocols shall be based on nationally recognized best practices.

14.4(3) Required training.

a. By July 1, 2019, the board of directors of a school district shall require annual, evidence-based training at least one hour in length on suicide prevention and postvention for all school personnel who hold a license, certificate, authorization, or statement of recognition issued by the board of educational examiners and who have regular contact with students in kindergarten through grade 12. The content of the training shall be based on nationally recognized best practices.

b. By July 1, 2019, the board of directors of a school district shall require annual, evidence-based, evidence-supported training on the identification of adverse childhood experiences and strategies to mitigate toxic stress response for all school personnel who hold a license, certificate, authorization, or statement of recognition issued by the board of educational examiners and who have regular contact with students in kindergarten through grade 12. The content of the training shall be based on nationally recognized best practices.

14.4(4) Resources for implementation. The Iowa department of education will publicly provide resources and technical assistance to assist districts in compliance with this rule.

Item 3. Amend 281—Chapter 14, implementation sentence, as follows:

These rules are intended to implement 2015 Iowa Acts, Senate File 462 Iowa Code sections 135.185, 256.7(33), 279.70, and 280.16.

[Filed 1/17/19, effective 3/20/19]

[Published 2/13/19]

Editor's Note: For replacement pages for IAC, see IAC Supplement 2/13/19.