ARC 8579C

ARC 8579C

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

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024. A public hearing was held on the following date(s):

●November 20, 2024

ITEM 1.Adopt the following new605—Chapter 13:

CHAPTER 13

SCHOOL SAFETY

PREAMBLE

This division implements a program to develop a list of allowable school safety equipment. The equipment in this division is specific to unholstered weapons detection capabilities within a school building or on school property.

605—13.1(90GA,HF2652) Program implementation.

13.1(1) The department will produce and post a list of vendors and products on the department’s website meeting the criteria in rule 605—13.2(90GA,HF2652).

13.1(2) The initial list will be established through an application form posted on the department’s website at homelandsecurity.iowa.gov.

13.1(3) Vendors wishing to be added to the list at any time may submit the application found on the department’s website for consideration and inclusion on the department’s list.

605—13.2(90GA,HF2652) Eligibility criteria. Eligibility for vendors and products to appear on the list will be in accordance with appropriate state and federal laws and regulations, including but not limited to the following:

13.2(1) Security requirements.

a.Iowa Code section 423.F.3(6)“a”(5) as enacted by 2024 Iowa Acts, House File 2652, section 5.

b.Vendors identified as prohibited companies by a federal acquisition regulation, or other memorandum, are excluded from use. Excluded vendors include but are not limited to the following:

(1)Federal Acquisition Regulation (FAR) 52.204-24 as amended through September 2024—representation regarding certain telecommunications and video surveillance services or equipment.

(2)FAR 52.204-25 as amended through September 2024—prohibition on contracting for certain telecommunications and video surveillance services or equipment.

(3)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

c.Self-certification of provisions within Iowa Code section 423.F.3(6)“a”(5)(a) as enacted by 2024 Iowa Acts, House File 2652, section 5, and rule 605—13.2(90GA,HF2652), subject to review and confirmation by the department.

13.2(2) Eligibility criteria in addition to those in Iowa Code section 423F.3(6)“a”(5)(i) through 423F.3(6)“a”(5)(ix) as enacted by 2024 Iowa Acts, House File 2652, section 5.

a.The vendor is experienced in deploying and maintaining similar types of systems.

b.The system is capable of integrating with existing security cameras (monitoring and alerting) systems.

c.The system has the ability to process input in real-time.

d.The computer/mobile device user interface is intuitive and easy to use.

e.The vendor provides full implementation and user support services.

605—13.3(90GA,HF2652) Security requirements for vendor qualification.

13.3(1) Transmission.

a.Ownership of video associated with the instance of an unholstered weapon is the sole property of the school district that purchased and installed the software.

b.A request for duplication or transmission of an incident by the prosecuting attorney or appropriate law enforcement will be complied with.

c.The decision to transmit to outside sources will be made by the school district with the concurrence of the prosecuting attorney or appropriate law enforcement authorization.

13.3(2) Encryption. Data collected by the system, including video, is encrypted in transit and at rest. Transport Layer Security (TLS) 1.2 or higher will be used for encryption in transit.

13.3(3) Authentication. Multifactor authentication (MFA) is implemented for administrative access to the system.

13.3(4) Privacy. Personally identifiable information, including student images, is not streamed live or stored with the vendor with the exception of rule 605—13.4(90GA,HF2652).

13.3(5) Storage. The system does not process, store, transmit, or allow access to, data from outside the continental United States (OCONUS).

605—13.4(90GA,HF2652) Data retention for storage of video and data. All video and data associated with an instance of a suspected unholstered weapon shall be maintained for 2,555 days and meet all agency retention requirements.

605—13.5 to 13.20Reserved.

PREAMBLE

This division implements a grant program to provide grants to applicable school districts. The grant program is to be used by school districts for purchasing infrastructure and equipment related to employee permits to carry weapons, facilitate training associated with employee permits to carry weapons, and provide stipends to employees who participate in the training associated with employee permits to carry weapons.

605—13.21(90GA,HF2652) Definitions.

“Equipment” means tangible personal property having a useful life of more than one year for the fulfillment of 2024 Iowa Acts, House File 2586, section 9.

“Infrastructure” means the same as defined in Iowa Code section 423F.3.

“Training” means the same as described in Iowa Code section 724.6.

605—13.22(90GA,HF2652) Eligibility criteria. Eligible applicants include public school districts, private schools, and institutions of higher education as defined in Iowa Code chapter 256.

605—13.23(90GA,HF2652) Application process. When funding is available, the application for grant funds will be posted on the department’s website at homelandsecurity.iowa.gov.

These rules are intended to implement 2024 Iowa Acts, House File 2652.