SSB 3136 (LSB 5391DP (11) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF EDUCATION BILL)

A BILL FOR

An Act relating to the duties and operations of the department of education and local school boards.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 19B.11, subsection 1, Code 2009, is amended to read as follows:
   1.  It is the policy of this state to provide equal opportunity in school district, area education agency, and community college employment to all persons. An individual shall not be denied equal access to school district, area education agency, or community college employment opportunities because of race, creed, color, religion, national origin, sex, sexual orientation, gender identity, age, or physical or mental disability. It also is the policy of this state to apply affirmative action measures to correct deficiencies in school district, area education agency, and community college employment systems where those remedies are appropriate. This policy shall be construed broadly to effectuate its purposes.
    Sec. 2.  Section 22.7, subsection 1, Code Supplement 2009, is amended to read as follows:
   1.  Personal information in records regarding a student, prospective student, or former student maintained, created, collected or assembled by or for a school corporation or educational institution maintaining such records. This subsection shall not be construed to prohibit a postsecondary education institution from disclosing to a parent or guardian information regarding a violation of a federal, state, or local law, or institutional rule or policy governing the use or possession of alcohol or a controlled substance if the child is under the age of twenty-one years and the institution determines that the student committed a disciplinary violation with respect to the use or possession of alcohol or a controlled substance regardless of whether that information is contained in the student’s education records.  This subsection shall not be construed to prohibit a school corporation or educational institution from transferring student records electronically to the department of education, an accredited nonpublic school, an attendance center, a school district, or an accredited postsecondary institution in accordance with section 256.9, subsection 47.
    Sec. 3.  Section 256.5A, Code 2009, is amended to read as follows:
   256.5A  Nonvoting member.
   1.  The governor shall appoint the one nonvoting student member of the state board for a term of one year two years beginning and ending as provided in section 69.19. The nonvoting student member shall be appointed from a list of names submitted by the state board of education. Students enrolled in either grade ten or eleven in a public school may apply to the state board to serve as a nonvoting student member.
   2.  The department shall develop an application process that requires the consent of the student’s parent or guardian if the student is a minor, initial application approval by the school district in which the student applicant is enrolled, and submission of approved applications by a school district to the department.
   3.  The nonvoting student member’s school district of enrollment shall notify the student’s parents if the student’s grade point average falls during the period in which the student is a member of the state board.
   4.  The state board shall adopt rules under chapter 17A specifying criteria for the selection of applicants whose names shall be submitted to the governor. Criteria shall include, but are not limited to, academic excellence, participation in extracurricular and community activities, and interest in serving on the board. Rules adopted by the state board shall also require, if the student is a minor, supervision of the student by the student’s parent or guardian while the student is engaged in authorized state board business at a location other than the community in which the student resides, unless the student’s parent or guardian submits to the state board a signed release indicating the parent or guardian has determined that supervision of the student by the parent or guardian is unnecessary.
   5.  The nonvoting student member appointment is not subject to section 69.16 or 69.16A.
   6.  The nonvoting student member shall have been enrolled in a public school in Iowa for at least one year prior to the member’s appointment. A nonvoting student member who will not graduate from high school prior to the end of a second term may apply to the state board for submission of candidacy to the governor for a second one-year term.
   7.  A nonvoting student member shall be paid a per diem as provided in section 7E.6 and the student and the student’s parent or guardian shall be reimbursed for actual and necessary expenses incurred in the performance of the student’s duties as a nonvoting member of the state board.
   8.  A vacancy in the membership of the nonvoting student member shall not be filled until the expiration of the term.
    Sec. 4.  Section 256.9, subsections 25 and 26, Code Supplement 2009, are amended by striking the subsections.
    Sec. 5.  Section 256.9, subsection 52, paragraph a, Code Supplement 2009, is amended to read as follows:
   a.  Develop and distribute, in collaboration with the area education agencies, core curriculum technical assistance and implementation strategies that school districts and accredited nonpublic schools shall utilize, including but not limited to the development and delivery of formative and end-of-course model end-of-course and additional assessments classroom teachers may use to measure student progress on the core curriculum adopted pursuant to section 256.7, subsection 26. The department shall, in collaboration with the advisory group convened in accordance with paragraph “b” and educational assessment providers, identify and make available to school districts model end-of-course and additional model end-of-course and additional assessments to align with the expectations included in the Iowa core curriculum. The model assessments shall be suitable to meet the multiple assessment measures requirement specified in section 256.7, subsection 21, paragraph “c”.
    Sec. 6.  Section 256.10, subsection 2, Code 2009, is amended to read as follows:
   2.  Appointments to the professional staff of the department shall be made in accordance with section 216.6, subsection 1, and shall be without reference to political party affiliation, religious affiliation, sex, or marital status, but shall be based solely upon fitness, ability, and proper qualifications for the particular position. The professional staff shall serve at the discretion of the director. A member of the professional staff shall not be dismissed for cause without appropriate due process procedures including a hearing an opportunity to meet with the director.
    Sec. 7.  Section 256.11, subsection 9B, Code Supplement 2009, is amended to read as follows:
   9B.  Beginning July 1, 2007, each Each school district shall have a school nurse to provide health services to its students. Each school district shall work toward the goal of having one school nurse for every seven hundred fifty students enrolled in the school district. For purposes of this subsection, “school nurse” means a person who holds an endorsement or a statement of professional recognition for school nurses issued by the board of educational examiners under chapter 272.  The scope of practice of a school nurse shall be as established by rule by the board of nursing.
    Sec. 8.  Section 256.30, Code 2009, is amended to read as follows:
   256.30  Educational expenses for American Indians.
   1.  The department of education shall provide moneys to pay the expense of educating American Indian children residing in the Sac and Fox Indian settlement on land held in trust by the secretary of the interior of the United States in excess of federal moneys paid to the tribal council for educating the American Indian children when moneys are appropriated for that purpose. The tribal council shall administer the moneys distributed to it by the department and shall submit an annual report and other reports as required by the department to the department on the expenditure of the moneys.
   2.  The tribal council shall administer moneys distributed to it by the department of education as provided in subsection 1.  The tribal council shall first use the moneys distributed to it by the department of education for the purposes of this section to pay the additional costs of salaries for licensed instructional staff for educational attainment and full-time equivalent years of experience to equal the salaries listed on the proposed salary schedule for the school at the Sac and Fox Indian settlement for that school year, but the salary for a licensed instructional staff member employed on a full-time basis shall not be less than eighteen thousand dollars.
   3.  The department of management shall approve allotments of moneys appropriated in for purposes of this section when the department of education certifies to the department of management that the requirements of this section have been met.
    Sec. 9.  Section 256F.4, subsection 2, paragraph a, Code 2009, is amended to read as follows:
   a.  Meet all applicable federal, state, and local health and safety requirements and laws prohibiting discrimination on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, ancestry, or disability. A charter school shall be subject to any court-ordered desegregation plan in effect for the school district at the time the school’s charter application is approved.
    Sec. 10.  Section 257.6, subsection 1, paragraph a, subparagraph (3), Code Supplement 2009, is amended to read as follows:
   (3)  Shared-time and part-time pupils of school age enrolled in public schools within the district, irrespective of the districts in which the pupils reside, in the proportion that the time for which they are enrolled or receive instruction for the school year is to the time that full-time pupils carrying a normal course schedule, at the same grade level, in the same school district, for the same school year, are enrolled and receive instruction. Tuition charges to the parent or guardian of a shared-time or part-time nonresident pupil shall be reduced by the amount of any increased state aid received by the district by the counting of the pupil.  This subparagraph applies to pupils enrolled in grades nine through twelve under section 299A.8 and to pupils from accredited nonpublic schools accessing classes or services on the accredited nonpublic school premises or the school district site, but excludes accredited nonpublic school pupils receiving classes or services funded by federal grants or allocations.
    Sec. 11.  Section 257.31, subsection 2, Code Supplement 2009, is amended to read as follows:
   2.  The committee shall specify the number of hearings held annually, the reasons for the committee’s recommendations, information about the amounts of property tax levied by school districts for a cash reserve, and other information the committee deems advisable on the department of education’s internet website site.
    Sec. 12.  Section 257.37, subsection 4, Code 2009, is amended to read as follows:
   4.  “Enrollment served” means the basic enrollment plus the number of nonpublic school pupils served with media services or educational services, as applicable, except that if a nonpublic school pupil or a pupil attending another district under a whole grade sharing agreement or open enrollment receives services through an area other than the area of the pupil’s residence, the pupil shall be deemed to be served by the area of the pupil’s residence, which shall by contractual arrangement reimburse the area through which the pupil actually receives services. Each school district shall include in the enrollment report submitted pursuant to section 257.6, subsection 1, the number of nonpublic school pupils within each school district for media and educational services served by the area.  However, the school district shall not include in the enrollment report nonpublic school pupils receiving classes or services funded by federal grants or allocations.
    Sec. 13.  Section 259A.1, Code 2009, is amended to read as follows:
   259A.1  Tests.

   The department of education shall cause to be made available for qualified individuals a high school equivalency diploma. The diploma shall be issued on the basis of satisfactory competence as shown by tests covering all of the following:  reading, arts, language arts, writing language arts-reading, language arts-writing, mathematics, science, and social studies.
    Sec. 14.  Section 261E.8, subsection 5, Code Supplement 2009, is amended by striking the subsection.
    Sec. 15.  Section 272.15, subsection 2, Code 2009, is amended to read as follows:
   2.  If, in the course of performing official duties, an employee of the department becomes aware of any alleged misconduct by an individual licensed under this chapter, the employee shall may report the alleged misconduct to the board of educational examiners under rules adopted pursuant to subsection 1.
    Sec. 16.  Section 273.3, subsection 12, Code Supplement 2009, is amended to read as follows:
   12.  Prepare an annual budget estimating income and expenditures for programs and services as provided in sections 273.1 to 273.9 and chapter 256B within the limits of funds provided under section 256B.9 and chapter 257. The board shall give notice of a public hearing on the proposed budget by publication in an official county newspaper in each county in the territory of the area education agency in which the principal place of business of a school district that is a part of the area education agency is located. The notice shall specify the date, which shall be not later than March 1 of each year, the time, and the location of the public hearing. The proposed budget as approved by the board shall then be submitted to the state board of education, on forms provided by the department, no later than March 15 preceding the next fiscal year for approval. The state board shall review the proposed budget of each area education agency and shall before April May 1, either grant approval or return the budget without approval with comments of the state board included. An unapproved budget shall be resubmitted to the state board for final approval not later than April May 15. For the fiscal year beginning July 1, 1999, and each succeeding fiscal year, the The state board shall give final approval only to budgets submitted by area education agencies accredited by the state board or that have been given conditional accreditation by the state board.
    Sec. 17.  Section 273.23, subsection 5, Code 2009, is amended to read as follows:
   5.  The initial board, or new board if established in time under subsection 3, of the newly formed agency shall prepare an annual budget estimating income and expenditures for programs and services as provided in sections 273.1 through 273.9 and chapter 256B within the limits of funds provided under section 256B.9 and chapter 257. The board shall give notice of a public hearing on the proposed budget by publication in an official county newspaper in each county in the territory of the area education agency in which the principal place of business of a school district that is a part of the area education agency is located. The notice shall specify the date, which shall not be later than March 1, the time, and the location of the public hearing. The proposed budget as approved by the board shall be submitted to the state board, on forms provided by the department, no later than March 15 for approval. The state board shall review the proposed budget of the newly formed area education agency and shall, before April May 1, either grant approval or return the budget without approval with comments of the state board included. An unapproved budget shall be resubmitted to the state board for final approval not later than April May 15. The state board shall give final approval only to budgets submitted by area education agencies accredited by the state board or that have been given conditional accreditation by the state board.
    Sec. 18.  Section 279.30, Code 2009, is amended to read as follows:
   279.30  Exceptions.

   Each payment must be made payable to the person entitled to receive the money or deposited directly into an account at a financial institution, as defined in section 527.2, specified by the person entitled to receive the money. The board of directors of a school district or an area education agency may by resolution authorize the secretary, upon approval of the superintendent or designee, or administrator, in the case of an area education agency, to issue payments when the board of directors is not in session in payment of reasonable and necessary expenses, but only upon verified bills filed with the secretary or administrator, and for the payment of salaries pursuant to the terms of a written contract. Each payment must be made payable only to the person performing the service or presenting the verified bill, and must state the purpose for which the payment is issued. All bills and salaries for which payments are issued prior to audit and allowance by the board must be passed upon by the board of directors at the next meeting and be entered in the regular minutes of the secretary.
    Sec. 19.  Section 279.42, Code 2009, is amended to read as follows:
   279.42  Gifts to schools.

   The board of directors of a school district which that 

receives funds through gifts, devises, and bequests a gift, devise, or bequest shall deposit these the funds in a trust and, permanent, or agency fund and shall use them the funds in accordance with the terms of the gift, devise, or bequest.
    Sec. 20.  Section 280.3, subsection 2, Code 2009, is amended to read as follows:
   2.  The minimum educational program shall be the curriculum set forth in subsection 3 of this section and section 256.11, except as otherwise provided by law. The board of directors of a public school district shall not allow discrimination in any educational program on the basis of race, color, creed, sex, marital status, sexual orientation, gender identity, or place of national origin.
    Sec. 21.  Section 282.9, subsection 1, Code Supplement 2009, is amended to read as follows:
   1.  Notwithstanding this chapter and sections 275.55A, and

 256F.4, and 282.18, or any other provision to the contrary, prior to knowingly enrolling an individual who is required to register as a sex offender under chapter 692A, but who is otherwise eligible to enroll in a public school, the board of directors of a school district shall determine the educational placement of the individual. Upon receipt of notice that a student who is enrolled in the district is required to register as a sex offender under chapter 692A, the board shall determine the educational placement of the student. The tentative agenda for the meeting of the board of directors at which the board will consider such enrollment or educational placement shall specifically state that the board is considering the enrollment or educational placement of an individual who is required to register as a sex offender under chapter 692A. If the individual is denied enrollment in a school district under this section, the school district of residence shall provide the individual with educational services in an alternative setting.
    Sec. 22.  Section 282.18, subsection 4, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  bb.  If a request for transfer is submitted to the receiving district after March 1 of the preceding school year on behalf of a pupil whose sibling is already participating in open enrollment, the receiving district shall take action to approve the request.
    Sec. 23.  Section 282.18, subsection 5, Code Supplement 2009, is amended to read as follows:
   5.  Open enrollment applications filed after March 1 of the preceding school year that do not qualify for good cause approval as provided in subsection 4 shall be subject to the approval of the board of the resident district and the board of the receiving district. The parent or guardian shall send notification to the district of residence and the receiving district that the parent or guardian seeks to enroll the parent’s or guardian’s child in the receiving district. A decision of either board to deny an application filed under this subsection involving repeated acts of harassment of the student or serious health condition of the student that the resident district cannot adequately address is subject to appeal under section 290.1. The state board shall exercise broad discretion to achieve just and equitable results that are in the best interest of the affected child or children.
    Sec. 24.  Section 284.10, subsection 2, Code 2009, is amended to read as follows:
   2.  An administrator licensed under chapter 272 who conducts evaluations of teachers for purposes of this chapter shall complete the evaluator training program. A practitioner licensed under chapter 272 who is not an administrator may enroll in the evaluator training program. Enrollment preference shall be given to administrators and to other practitioners who are not beginning teachers. Upon successful completion, the provider shall certify that the administrator or other practitioner is qualified to conduct evaluations for employment, make recommendations for licensure, and make recommendations that a teacher is qualified to advance from one career path level to the next career path level pursuant to this chapter. Certification is for a period of five years and may be renewed.
    Sec. 25.  Section 285.9, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  Review all transportation disputes between districts. If the affected districts are located in more than one area education agency, the area education agency in which the affected district with the greatest certified enrollment is located shall be the reviewing agency. In resolving disputes between districts, the reviewing agency board shall, after receiving all facts, make such alterations or changes as necessary to make the arrangements, designations, and contracts conform to the legal and established requirements and shall notify each affected local school board of such action. An affected district may appeal the decision of the agency board to the director of the department of education by following the timelines and procedures in section 285.12.
    Sec. 26.  Section 291.1, Code 2009, is amended to read as follows:
   291.1  President —— duties.

   The president of the board of directors shall preside at all of its meetings, sign all contracts made by the board, and appear in on behalf of the corporation in all actions brought by or against it, unless individually a party, in which case this duty shall be performed by the secretary. The president or the president’s designee shall sign, using an original or facsimile signature, all school district warrants payments drawn and authorize electronic funds transfers as provided by law. The board of directors, by resolution, may designate an individual, who shall not be the secretary, to sign warrants payments or authorize electronic funds transfers on behalf of the president.
    Sec. 27.  Section 291.6, subsection 3, Code 2009, is amended by striking the subsection and inserting in lieu thereof the following:
   3.  Accounting records.  Keep an accurate accounting record of each payment or electronic funds transfer from each fund which shall be provided monthly to the board of directors. The secretary of the creditor district shall prepare and deliver to debtor districts an itemized statement of tuition fees charged in accordance with sections 275.55A and 282.11, and section 282.24, subsection 1.
    Sec. 28.  Section 291.6, subsection 4, Code 2009, is amended to read as follows:
   4.  Claims.  Keep an accurate account accounting of all expenses incurred by the corporation, and present the same to the board for audit and payment.
    Sec. 29.  Section 291.7, Code 2009, is amended to read as follows:
   291.7  Monthly receipts, disbursements, and balances.

   The secretary of each district shall file monthly with the board of directors a complete statement of all receipts and disbursements from the various funds each individual fund during the preceding month, and also the balance remaining on hand in the various funds each individual fund at the close of the period covered by the statement, which monthly statements shall be open to public inspection.
    Sec. 30.  Section 291.8, Code 2009, is amended by striking the section and inserting in lieu thereof the following:
   291.8  Payments.
   The secretary shall make each authorized payment, countersign using an original or facsimile signature, and maintain accounting records of the payments or electronic funds transfers, showing the number, date, payee, originating fund, the purpose, and the amount, and shall provide to the board at each regular annual meeting a copy of the accounting records maintained by the secretary.
    Sec. 31.  Section 291.12, Code 2009, is amended to read as follows:
   291.12  Duties of treasurer —— payment of warrants payments.

   The treasurer shall receive all moneys belonging to the corporation, pay the same out only upon the order of the president countersigned by the secretary, keeping and shall keep an accurate account accounting record of all receipts and expenditures in a book provided for that purpose. The treasurer shall register all orders drawn payments and electronic funds transfers made and reported to the treasurer by the secretary, showing the number, date, to whom drawn, the fund upon from which drawn each payment and transfer was made, the purpose and amount.
    Sec. 32.  Section 291.14, Code 2009, is amended to read as follows:
   291.14  Financial statement.

   The treasurer shall render a statement of the finances of the corporation whenever required by the board, and the treasurer’s books accounting records shall always be open for inspection.
    Sec. 33.  Section 298A.13, Code 2009, is amended to read as follows:
   298A.13  Trust, permanent, or agency funds.

   Trust, permanent, or agency funds shall be established by any school corporation to account for gifts it receives to be used for a particular purpose or to account for money and property received and administered by the district as trustee or custodian or in the capacity of an agent. Boards may establish trust and, permanent, or agency funds as necessary.
    Sec. 34.  Section 299A.11, Code 2009, is amended to read as follows:
   299A.11  Student records confidential.

   Notwithstanding any provision of law or rule to the contrary, personal information in records regarding a child receiving competent private instruction pursuant to this chapter, which are maintained, created, collected, or assembled by or for a state agency, shall be kept confidential in the same manner as personal information in student records maintained, created, collected, or assembled by or for a school corporation or educational institution in accordance with section 22.7, subsection 1.  For purposes of this section, “personal information in records regarding a child receiving competent private instruction” shall include the child’s name and home address as well as all other information that personally identifies the child.
    Sec. 35.  Section 321.1, subsection 69, unnumbered paragraph 1, Code Supplement 2009, is amended to read as follows:
   “School bus” means every vehicle operated for the transportation of children to or from school or school activities, except vehicles which are:
    Sec. 36.  Section 321.1, subsection 69, paragraph d, Code Supplement 2009, is amended to read as follows:
   d.  Designed to carry not more than nine persons as passengers, either school owned or privately owned, which are used to transport pupils to activity events in which the pupils are participants or used to transport pupils to their homes in case of illness or other emergency situations. The vehicles operated under the provisions of this paragraph shall be operated by employees of the school district who are specifically approved by the local superintendent of schools for the assignment.
    Sec. 37.  Section 321.373, subsection 1, Code 2009, is amended to read as follows:
   1.  Every school bus except private passenger vehicles used as school buses as defined in section 321.1, subsection 69, shall be constructed and equipped to meet safety standards prescribed in rules adopted by the state board of education. Such rules shall conform to safety standards set forth in federal laws and regulations and shall conform, insofar as practicable, to the minimum standards for school buses recommended by the national conference on school transportation administered by the national commission on safety education and published by the national education association.
    Sec. 38.  Section 321.376, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The provisions of this section relating to a certificate of qualification and approved course of instruction shall not apply to a person driving a vehicle designed to carry not more than nine persons as passengers, either school owned or privately owned, used to transport pupils to school activities or events.
    Sec. 39.  Section 321.379, Code 2009, is amended to read as follows:
   321.379  Violations.

   No school board, individual, or organization shall purchase, construct, or contract for use, to transport pupils to or from school or school activities, any school bus which does not comply with the minimum requirements of section 321.373 and any individual, or any member or officer of such board or organization who authorizes, the purchase, construction, or contract for any such bus not complying with these minimum requirements shall be guilty of a misdemeanor punishable as provided in section 321.482.
    Sec. 40.  Section 321J.3, subsection 1, paragraph c, Code 2009, is amended to read as follows:
   c.  The court may prescribe the length of time for the evaluation and treatment or it may request that the community college or other approved provider conducting the course for drinking drivers which the person is ordered to attend or the treatment program to which the person is committed immediately report to the court when the person has received maximum benefit from the course for drinking drivers or treatment program or has recovered from the person’s addiction, dependency, or tendency to chronically abuse alcohol or drugs.
    Sec. 41.  Section 321J.17, subsection 2, paragraph b, Code 2009, is amended to read as follows:
   b.  The court or department may request that the community college or substance abuse treatment providers licensed under chapter 125 or other approved provider conducting the course for drinking drivers that the person is ordered to attend immediately report to the court or department that the person has successfully completed the course for drinking drivers. The court or department may request that the treatment program which the person attends periodically report on the defendant’s attendance and participation in the program, as well as the status of treatment or rehabilitation.
    Sec. 42.  Section 321J.22, subsection 1, Code 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  Oa.  “Approved provider” means a provider of a course offered outside this state for drinking drivers which has been approved by the department of education.
    Sec. 43.  Section 321J.22, subsection 2, Code 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  cc.  The department of education may approve a provider of a course offered outside this state for drinking drivers upon proof to the department’s satisfaction that the course is comparable to those offered by community colleges, substance abuse treatment programs licensed under chapter 125, and state correctional facilities as provided in this section. The department shall comply with the requirements of subsection 5 regarding such approved providers.
    Sec. 44.  Section 331.756, subsection 7, Code 2009, is amended to read as follows:
   7.  Give advice or a written opinion, without compensation, to the board and other county officers and to school and township officers, when requested by an officer, upon any matters in which the state, county, school, or township is interested, or relating to the duty of the officer in any matters in which the state, county, school, or township may have an interest, but the county attorney shall not appear before the board at a hearing in which the state or county is not interested.
    Sec. 45.  REPEAL.  Sections 256.20 and 256.23, Code 2009, are repealed.
    Sec. 46.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.
EXPLANATION
   This bill makes miscellaneous changes to Code provisions relating to education as follows:
   CONFIDENTIAL RECORDS. Code section 22.7, subsection 1, is amended to establish that the provision does not prohibit a school corporation or educational institution from transferring student records electronically to other school corporations or educational institutions in accordance with the department of education’s comprehensive management information system and uniform coding and reporting system.
   Code section 299A.11 is amended to provide that “personal information in records regarding a child receiving competent private instruction” includes the child’s name and home address, and any other information that personally identifies the child.
   STUDENT STATE BOARD OF EDUCATION MEMBER. Code section 256.5A is amended to increase the term of the nonvoting student member of the state board of education from one year to two years, and provides that the student must be enrolled in grade 10 when applying for the appointment. Currently, a student may be enrolled in grade 10 or 11 at the time the student applies.
   SCHOOL LAW PRINTING REQUIREMENT. Code section 256.9, subsections 25 and 26, are stricken. The provisions require the director of the department of education to cause to be printed in book form, every four years since 1987, all school laws, and changes to school laws, with forms, rulings, decisions, notes, and suggestions which may aid school officers in the proper discharge of their duties. The book must be furnished to school and area officers and administrators, members of the general assembly, and others as reasonably requested.
   EMPLOYMENT PRACTICES. Code section 256.10, subsection 2, is amended by striking a provision that prohibits the dismissal of a member of the professional staff for cause without appropriate due process procedures, but adds that the person must not be dismissed without an opportunity to meet with the director of education. The bill also adds that appointments to the professional staff must be made in accordance with Code section 216.6, subsection 1, which prohibits discriminatory employment practices. Code sections 19B.11, 256F.4, and 280.3 are amended to conform them to Code section 216.6.
   SCHOOL NURSE DEFINITION AND SCOPE OF RESPONSIBILITIES. Code section 256.11 is amended to replace language defining “school nurse” with language providing that the scope of practice of a school nurse shall be as established by the board of nursing.
   AMERICAN INDIAN EDUCATION EXPENSES. Code section 256.30 provides for the distribution and administration of moneys in excess of federal moneys to pay the expense of educating American Indian children residing in the Sac and Fox Indian settlement. The bill eliminates language that requires the tribal council to submit an annual report to the department of education accounting for expenditure of the moneys and requires the department of education to certify compliance before the department of management can approve allotment of the moneys.
   ACCREDITED NONPUBLIC SCHOOL PUPIL ENROLLMENT. Code section 257.6 is amended to specify that accredited nonpublic school pupils receiving classes or services funded by federal grants or allocations shall not be counted in a school district’s enrollment as shared-time or part-time pupils. The bill makes a conforming change to Code section 257.37, subsection 4.
   SCHOOL BUDGET REVIEW COMMITTEE INTERNET SITE INFORMATION. Code section 257.31, subsection 2, is amended to eliminate a requirement that the school budget review committee specify on its internet site annually the reasons for its recommendations. This reference to recommendations was tied to a requirement that the committee report to the general assembly any recommended changes in laws relating to school districts, but that requirement was stricken by legislation enacted in 2009.
   DISTRICT-TO-COMMUNITY COLLEGE SHARING OR CONCURRENT ENROLLMENT PROGRAM —— TRANSPORTATION. Code section 261E.8, which provides for the district-to-community college sharing or concurrent enrollment program, is amended to strike a requirement that the parent or legal guardian of a student who has enrolled in and is attending a community college under the program furnish transportation to and from the community college for the student.
   REPORTING ALLEGED MISCONDUCT. Code section 272.15, subsection 2, is amended to allow, rather than require, an employee of the department of education to report alleged misconduct by an individual licensed by the board of educational examiners, that the employee becomes aware of in the course of performing official duties.
   AEA BUDGET DEADLINES. Code sections 273.3 and 273.23 are amended to extend the dates by which area education agency proposed budgets must be reviewed, approved, or returned by the state board and resubmitted to the state board if the first submission is not approved.
   SCHOOL AND AEA BOARD PAYMENTS AND WARRANTS. Code section 279.30 is amended to allow the board of directors of a school district or of an AEA to direct deposit a payment at a financial institution specified by the person entitled to the money. Code section 291.1; Code section 291.6, subsections 3 and 4; and Code sections 291.7, 291.8, 291.12, and 291.14 are amended to replace references to “books”, “registers”, and “warrants” with references to payments, electronic funds transfers, and accounting records and to make related changes.
   SCHOOL FUNDS FOR GIFTS. Code sections 279.42 and 298A.13 are amended to give school districts the option of establishing a permanent fund for gifts received and to allow school districts to deposit funds received from gifts, devises, and bequests into a trust, permanent, or agency fund.
   CODE CORRECTIONS. The bill makes corrections to Code section 256.9 to change references to model end-of-course assessments and to Code section 259A.1 to change references to subjects covered by high school equivalency diploma tests.
   ENROLLMENT OF PERSON LISTED ON SEX OFFENDER REGISTRY. Code section 282.9, subsection 1, is amended to notwithstand Code chapter 282, relating to school attendance and tuition, rather than notwithstanding only Code section 282.18, the Code section relating to open enrollment. The language of Code section 282.9, subsection 1, provides that prior to knowingly enrolling a student who is required to register as a sex offender, the school district’s board of directors must determine the educational placement of the individual and place notice of that consideration on the board’s tentative meeting agenda. If the board denies enrollment to the individual, the school district of residence must provide the individual with educational services in an alternative setting.
   OPEN ENROLLMENT BY SIBLING. Code section 282.18, subsection 4, is amended to require that a receiving district approve a transfer request submitted after March 1 of the preceding school year if the sibling of the pupil for whom the request is made is already participating in open enrollment to the receiving district. The bill makes a conforming change to Code section 282.18, subsection 5.
   EVALUATOR TRAINING PROGRAM. Code section 284.10, subsection 2, is amended to give program enrollment preference to other practitioners who are not beginning teachers. Currently, only school administrators are given preference.
   AEA TRANSPORTATION DISPUTE RESOLUTION. The bill adds a new provision to Code section 285.9 to assign the duty of reviewing and resolving all transportation disputes between districts to the AEA boards.
   SCHOOL BUS —— DEFINITION. Code section 321.1, subsection 69, is amended to strike from an exemption to the definition of “school bus”, language that includes a vehicle operated for the transportation of children to or from school activities. Currently, the definition is limited to transportation of children to or from school. The bill makes a conforming amendment to Code section 321.373 to provide that every school bus, including those used to transport students to school activities, must be constructed and equipped to meet specified safety standards. However, the bill amends Code section 321.376 to provide that certificate of qualification and approved course of instruction requirements do not apply to persons driving pupils to activities in nine-passenger vehicles.
   APPROVED COURSES FOR DRINKING DRIVERS. Code sections 321J.3 and 321J.17 are amended to expand the providers of drinking driver courses supervised and approved by the department of education to include “other approved providers”, which the bill defines in Code section 321J.22, as providers of courses offered out of state. The providers of out-of-state courses must prove to the department’s satisfaction that the course is comparable to those offered by community colleges and substance abuse treatment programs. The bill establishes that other approved providers may be requested to meet the same reporting requirements as the community colleges and substance abuse treatment programs.
   DUTIES OF THE COUNTY ATTORNEY. The bill amends Code section 331.756, subsection 7, which specifies the duties of county attorneys, to eliminate a requirement that county attorneys give advice or a written opinion to school officers upon request.
   CODE SECTIONS REPEALED. The bill repeals the following:
   1. Code section 256.20, which permits school districts to request approval from the state board of education for a pilot project for a year-around three-semester school year.
   2. Code section 256.23, which establishes a recruitment and advancement program to provide for the allocation of grants to school corporations for pilot projects that encourage the advancement of women and minorities to administrative positions.
   STATE MANDATE. The bill may include a state mandate as defined in Code section 25B.3. The bill requires that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.