Adopted and Filed

School safety, ch 13

Untitled document

ARC 8906C

HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT[605]

Adopted and Filed

Rulemaking related to school safety

The Homeland Security and Emergency Management Department hereby adopts new Chapter 13, “School Safety,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted 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 purpose of this rulemaking is to implement 2024 Iowa Acts, House File 2652, regarding school safety and to provide a process to maintain a list for schools to purchase approved unholstered weapons detection systems.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 25, 2024, as ARC 8579C.

The Department received one public comment. The commenter sought additional privacy protections and assured compliance of regulations by vendors. The Department determined student privacy is already addressed through the Family Educational Rights and Privacy Act (FERPA). Additionally, vendors on the approved list will be required to attest to all requirements of law and rule on a quarterly basis. The Department reserves the right to terminate a vendor’s approved status should there be instances of noncompliance discovered.

A change from the Notice has been made to the catchwords of rule 605—13.3(90GA,HF2652). The catchwords were changed to clarify and indicate the system security requirements are encompassing of schools and vendors in alignment with 2024 Iowa Acts, House File 2652. Also, certain references to 2024 Iowa Acts, House File 2652, have been removed since the amendments in the House File have been codified in the 2025 Iowa Code.

Adoption of Rulemaking

This rulemaking was adopted by the Director on January 29, 2025.

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.

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).

Effective Date

This rulemaking will become effective on March 26, 2025.

The following rulemaking action is adopted:

ITEM 1.Adopt the following new605—Chapter 13:

CHAPTER 13

SCHOOL SAFETY

DIVISION I

APPROVED WEAPON DETECTION SECURITY EQUIPMENT

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 423F.3(6)“a”(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 423F.3(6)“a”(5)(a) 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).

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) System security requirements.

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.

DIVISION II

GRANT PROGRAM

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 2.

“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.

[Filed 1/29/25, effective 3/26/25]

[Published 2/19/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 2/19/25.

Homeland Security and Emergency Management Department

Official Document

  • School safety, ch 13
  • Published on 2/19/2025
  • 42 Views
  • Adopted and Filed

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 2/19/2025.

View Bulletin

Related Notices

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 256 Iowa Code 423F.3 Iowa Code 423F.3(6) Iowa Code 724.6
Click To Comment