Senate File 2017 - Introduced SENATE FILE 2017 BY ZAUN A BILL FOR An Act relating to education by modifying the duties and 1 authority of certain state and local governmental entities, 2 and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5512XS (7) 87 md/jh
S.F. 2017 DIVISION I 1 REPEAL OF DEPARTMENT OF EDUCATION AND 2 STATE BOARD OF EDUCATION 3 Section 1. NEW SECTION . 256B.16 Transfer of authority and 4 duties. 5 1. Beginning July 1, 2019, the authority and duties of the 6 department of education, the division of special education 7 created under section 256B.1, the state board of education, and 8 the director of the department of education under this chapter 9 shall to the extent feasible be transferred to the appropriate 10 area education agency where such special education services 11 are being provided. Accordingly, beginning July 1, 2019, all 12 references to the department of education or the division of 13 special education under this chapter and references to the 14 department of education or the division of special education 15 under other provisions of law relating to this chapter shall 16 mean the applicable area education agency and all references to 17 the state board of education or the director of the department 18 of education under this chapter or other provisions of law 19 relating to this chapter shall mean the board of directors of 20 the area education agency and the administrator of the area 21 education agency respectively. 22 2. Any moneys remaining in any account or fund under the 23 control of the department of education at the conclusion 24 of the fiscal year beginning July 1, 2018, relative to 25 the provisions of this chapter shall be transferred to the 26 control of the department of human services for such purposes. 27 Notwithstanding section 8.33, the moneys transferred in 28 accordance with this subsection shall not revert to the account 29 or fund from which appropriated or transferred. 30 3. Any contract entered into by the department of education 31 relating to the provisions of this chapter in effect at the 32 conclusion of the fiscal year beginning July 1, 2018, shall 33 continue in full force and effect pending transfer of such 34 contracts to the area education agencies. 35 -1- LSB 5512XS (7) 87 md/jh 1/ 40
S.F. 2017 4. Any rule, regulation, form, order, or directive 1 promulgated by the department of education relative to the 2 provisions of this chapter in existence at the conclusion of 3 the fiscal year beginning July 1, 2018, shall continue in full 4 force and effect. 5 5. In regard to updating references and format in the Iowa 6 administrative code in order to correspond to the transferring 7 of duties of this chapter, the administrative rules coordinator 8 and the administrative rules review committee, in consultation 9 with the administrative code editor, shall jointly develop a 10 schedule for the necessary updating of the Iowa administrative 11 code. 12 Sec. 2. Section 256C.1, Code 2018, is amended to read as 13 follows: 14 256C.1 Definitions. 15 As used in this chapter : 16 1. “Approved local program” means a school district’s 17 program for four-year-old children approved by the department 18 of education to provide high quality preschool instruction . 19 2. “Department” means the department of education. 20 3. “Director” means the director of the department of 21 education. 22 4. 2. “Preschool program” means the statewide preschool 23 program for four-year-old children created in accordance with 24 this chapter . 25 5. 3. “School district approved to participate in the 26 preschool program” means a school district that meets the 27 school district requirements under section 256C.3 and has been 28 approved by the department to participate in the preschool 29 program . 30 6. “State board” means the state board of education. 31 Sec. 3. Section 256C.2, subsection 2, Code 2018, is amended 32 by striking the subsection. 33 Sec. 4. Section 256C.3, subsection 2, paragraph a, 34 subparagraph (3), Code 2018, is amended to read as follows: 35 -2- LSB 5512XS (7) 87 md/jh 2/ 40
S.F. 2017 (3) The individual possesses a bachelor’s or graduate 1 degree from an accredited college or university with a major 2 in early childhood education or other appropriate major 3 identified in rule by the department as determined by the 4 school district’s board of directors . 5 Sec. 5. Section 256C.3, subsection 3, unnumbered paragraph 6 1, Code 2018, is amended to read as follows: 7 The state board shall adopt rules to further define the 8 following preschool program requirements which shall be used to 9 determine whether or not a Each local program implemented by 10 a school district approved to implement the preschool program 11 qualifies as an approved local program shall address or conform 12 with all of the following : 13 Sec. 6. Section 256C.3, subsection 3, paragraph e, Code 14 2018, is amended to read as follows: 15 e. Collaboration with participating families, early care 16 providers, and community partners including but not limited to 17 early childhood Iowa area boards, head start programs, shared 18 visions and other programs provided under the auspices of the 19 child development coordinating council , licensed child care 20 centers, registered child development homes, area education 21 agencies, child care resource and referral services provided 22 under section 237A.26 , early childhood special education 23 programs, services funded by Tit. I of the federal Elementary 24 and Secondary Education Act of 1965, and family support 25 programs. 26 Sec. 7. Section 256C.3, subsection 4, Code 2018, is amended 27 by striking the subsection and inserting in lieu thereof the 28 following: 29 4. School district requirements. 30 a. Subject to implementation of chapter 28E agreements 31 between a school district and community-based providers of 32 services to four-year-old children, a four-year-old child who 33 is enrolled in a child care center or child development home 34 licensed or registered under chapter 237A, or in an existing 35 -3- LSB 5512XS (7) 87 md/jh 3/ 40
S.F. 2017 public or private preschool program, shall be eligible for 1 services provided by the school district’s local preschool 2 program. 3 b. Professional development for school district preschool 4 teachers shall be addressed in the school district’s 5 professional development plan implemented in accordance with 6 section 284.6. 7 Sec. 8. Section 256C.3, subsection 5, Code 2018, is amended 8 by striking the subsection. 9 Sec. 9. Section 256C.4, subsection 1, paragraph d, Code 10 2018, is amended to read as follows: 11 d. Preschool foundation aid funding shall not be commingled 12 with the other state aid payments made under section 257.16 13 to a school district and shall be accounted for by the local 14 school district separately from the other state aid payments. 15 Preschool foundation aid payments made to school districts 16 are miscellaneous income for purposes of chapter 257 . A 17 school district shall maintain a separate listing within its 18 budget for preschool foundation aid payments received and 19 expenditures made. A school district shall certify to the 20 department of education that preschool Preschool foundation aid 21 funding received by the school district was shall be used to 22 supplement, not supplant, moneys otherwise received and used by 23 the school district for preschool programming. 24 Sec. 10. Section 256C.4, subsection 2, paragraph b, Code 25 2018, is amended to read as follows: 26 b. The enrollment count of eligible students shall not 27 include a child who is included in the enrollment count 28 determined under section 257.6 or a child who is served by 29 a program already receiving state or federal funds for the 30 purpose of the provision of four-year-old preschool programming 31 while the child is being served by the program. Such preschool 32 programming includes but is not limited to child development 33 assistance programs provided under chapter 256A , special 34 education programs provided under section 256B.9 , school ready 35 -4- LSB 5512XS (7) 87 md/jh 4/ 40
S.F. 2017 children grant programs and other programs provided under 1 chapter 256I , and federal head start programs and the services 2 funded by Tit. I of the federal Elementary and Secondary 3 Education Act of 1965. 4 Sec. 11. Section 256C.5, subsection 2, Code 2018, is amended 5 to read as follows: 6 2. Preschool foundation aid district amount. 7 a. For the initial school year for which a school district 8 approved to participate in the preschool program receives that 9 approval and implements the preschool program, the funding for 10 the preschool foundation aid payable to that school district 11 shall be paid from the appropriation made for that school year 12 in section 256C.6 , Code 2011, or in another appropriation 13 made for purposes of this chapter . For that school year, the 14 preschool foundation aid payable to the school district is 15 the product of the regular program state cost per pupil for 16 the school year multiplied by sixty percent of the school 17 district’s eligible student enrollment on the date in the 18 school year determined by rule . 19 b. For budget years subsequent to the initial school year 20 for which a school district approved to participate in the 21 preschool program receives that initial approval and implements 22 the preschool program, the funding for the preschool foundation 23 aid payable to that school district shall be paid from the 24 appropriation made in section 257.16 . Continuation of a 25 school district’s participation in the preschool program for 26 a second or subsequent budget year is subject to the approval 27 of the department based upon the school district’s compliance 28 with accountability provisions and the department’s on-site 29 review of the school district’s implementation of the preschool 30 program. 31 Sec. 12. Section 256C.5, subsection 4, Code 2018, is amended 32 by striking the subsection. 33 Sec. 13. NEW SECTION . 256F.12 Transfer of authority and 34 duties. 35 -5- LSB 5512XS (7) 87 md/jh 5/ 40
S.F. 2017 1. Beginning July 1, 2019, the authority and duties of the 1 department of education, the state board, and the director of 2 the department of education under this chapter, to the extent 3 feasible, shall be transferred to the board of directors of 4 the community college serving the merged area in which the 5 charter school or innovation zone school, or such proposed 6 school, is located. Accordingly, beginning July 1, 2019, all 7 references to the department of education, the state board of 8 education, and the director of the department of education 9 under this chapter or other provisions of law relating to this 10 chapter shall mean the board of directors of the community 11 college serving the merged area in which the charter school or 12 innovation zone school, or such proposed school, is located. 13 2. Any contract entered into by the department of education 14 relating to the provisions of this chapter in effect at the 15 conclusion of the fiscal year beginning July 1, 2018, shall 16 continue in full force and effect pending transfer of such 17 contracts to the appropriate community college board of 18 directors. 19 3. Any rule, regulation, form, order, or directive 20 promulgated by the department of education relative to the 21 provisions of this chapter in existence at the conclusion of 22 the fiscal year beginning July 1, 2018, shall continue in full 23 force and effect. 24 Sec. 14. NEW SECTION . 256H.4 Transfer of authority and 25 duties. 26 1. Beginning July 1, 2019, the authority and duties of the 27 department of education and the director of the department 28 of education under this chapter shall be transferred to the 29 adjutant general of the state. Accordingly, beginning July 1, 30 2019, all references to the department of education and the 31 director of the department of education under this chapter or 32 other provisions of law relating to this chapter shall mean 33 adjutant general of the state. 34 2. Any contract entered into by the department of education 35 -6- LSB 5512XS (7) 87 md/jh 6/ 40
S.F. 2017 relating to the provisions of this chapter in effect at the 1 conclusion of the fiscal year beginning July 1, 2018, shall 2 continue in full force and effect pending transfer of such 3 contracts to the adjutant general of the state. 4 3. Any rule, regulation, form, order, or directive 5 promulgated by the department of education relative to the 6 provisions of this chapter in existence upon conclusion of the 7 fiscal year beginning July 1, 2018, shall continue in full 8 force and effect. 9 Sec. 15. NEW SECTION . 256I.14 Transfer of authority and 10 duties. 11 1. Beginning July 1, 2019, the authority and duties of the 12 department of education and the director of the department 13 of education under this chapter shall be transferred to the 14 department of management and the director of the department 15 of management. Accordingly, beginning July 1, 2019, all 16 references to the department of education or the director of 17 the department of education under this chapter or under other 18 provisions of law relating to this chapter shall mean the 19 department of management and the director of the department of 20 management. 21 2. Any moneys remaining in any account or fund under the 22 control of the department of education at the conclusion of the 23 fiscal year beginning July 1, 2018, relative to the provisions 24 of this chapter shall be transferred to the control of the 25 department of management for such purposes. Notwithstanding 26 section 8.33, the moneys transferred in accordance with this 27 subsection shall not revert to the account or fund from which 28 appropriated or transferred. 29 3. Any contract entered into by the department of education 30 relating to the provisions of this chapter in effect at the 31 conclusion of the fiscal year beginning July 1, 2018, shall 32 continue in full force and effect pending transfer of such 33 contracts to the department of management. 34 4. Any rule, regulation, form, order, or directive 35 -7- LSB 5512XS (7) 87 md/jh 7/ 40
S.F. 2017 promulgated by the department of education relative to the 1 provisions of this chapter in existence at the conclusion of 2 the fiscal year beginning July 1, 2018, shall continue in full 3 force and effect until amended, repealed, or supplemented by 4 affirmative action of the department of management under the 5 duties and powers established in this chapter and under the 6 procedure established in subsection 5. 7 5. In regard to updating references and format in the Iowa 8 administrative code in order to correspond to the transferring 9 of duties of this chapter, the administrative rules coordinator 10 and the administrative rules review committee, in consultation 11 with the administrative code editor, shall jointly develop a 12 schedule for the necessary updating of the Iowa administrative 13 code. 14 Sec. 16. NEW SECTION . 257.1A Transfer of authority and 15 duties. 16 1. Beginning July 1, 2019, the authority and duties of 17 the department of education, the state board of education, 18 and the director of the department of education under this 19 chapter shall be transferred to the department of management 20 and the director of the department of management. Accordingly, 21 beginning July 1, 2019, all references to the department of 22 education under this chapter and references to the department 23 of education under other provisions of law relating to this 24 chapter shall mean the department of management and all 25 references to the state board of education or the director 26 of the department of education under this chapter or other 27 provisions of law relating to this chapter shall mean the 28 director of the department of management. 29 2. Any moneys remaining in any account or fund under the 30 control of the department of education at the conclusion of the 31 fiscal year beginning July 1, 2018, relative to the provisions 32 of this chapter shall be transferred to the control of the 33 department of management for such purposes. Notwithstanding 34 section 8.33, the moneys transferred in accordance with this 35 -8- LSB 5512XS (7) 87 md/jh 8/ 40
S.F. 2017 subsection shall not revert to the account or fund from which 1 appropriated or transferred. 2 3. Any contract entered into by the department of education 3 relating to the provisions of this chapter in effect at the 4 conclusion of the fiscal year beginning July 1, 2018, shall 5 continue in full force and effect pending transfer of such 6 contracts to the department of management. 7 4. Any rule, regulation, form, order, or directive 8 promulgated by the department of education relative to the 9 provisions of this chapter in existence at the conclusion of 10 the fiscal year beginning July 1, 2018, shall continue in full 11 force and effect until amended, repealed, or supplemented by 12 affirmative action of the department of management under the 13 duties and powers established in this chapter and under the 14 procedure established in subsection 5. 15 5. In regard to updating references and format in the Iowa 16 administrative code in order to correspond to the transferring 17 of duties of this chapter, the administrative rules coordinator 18 and the administrative rules review committee, in consultation 19 with the administrative code editor, shall jointly develop a 20 schedule for the necessary updating of the Iowa administrative 21 code. 22 Sec. 17. Section 257C.5, subsection 1, Code 2018, is amended 23 to read as follows: 24 1. The powers of the authority are vested in and exercised 25 by a board consisting of five members, including the treasurer 26 of state, the director of the department of education, and the 27 director of the department of management, and two three members 28 appointed by the governor, subject to confirmation by the 29 senate. The state officials may designate representatives to 30 serve on the board for them. As far as possible, the governor 31 shall appoint members who are knowledgeable or experienced in 32 the school systems of this state or in finance. 33 Sec. 18. NEW SECTION . 258.19 Transfer of authority and 34 duties. 35 -9- LSB 5512XS (7) 87 md/jh 9/ 40
S.F. 2017 1. Beginning July 1, 2019, the authority and duties of the 1 department of education, the state board of education, and the 2 director of the department of education under this chapter 3 shall be transferred to the department of workforce development 4 and the director of the department of workforce development. 5 Accordingly, beginning July 1, 2019, all references to the 6 department of education under this chapter and references 7 to the department of education under other provisions of 8 law relating to this chapter shall mean the department of 9 workforce development and all references to the state board 10 of education or the director of the department of education 11 under this chapter or other provisions of law relating to this 12 chapter shall mean the director of the department of workforce 13 development. 14 2. Any moneys remaining in any account or fund under the 15 control of the department of education at the conclusion 16 of the fiscal year beginning July 1, 2018, relative to the 17 provisions of this chapter shall be transferred to the control 18 of the department of workforce development for such purposes. 19 Notwithstanding section 8.33, the moneys transferred in 20 accordance with this subsection shall not revert to the account 21 or fund from which appropriated or transferred. 22 3. Any contract entered into by the department of education 23 relating to the provisions of this chapter in effect at the 24 conclusion of the fiscal year beginning July 1, 2018, shall 25 continue in full force and effect pending transfer of such 26 contracts to the department of workforce development. 27 4. Any rule, regulation, form, order, or directive 28 promulgated by the department of education relative to the 29 provisions of this chapter in existence at the conclusion of 30 the fiscal year beginning July 1, 2018, shall continue in full 31 force and effect until amended, repealed, or supplemented by 32 affirmative action of the department of workforce development 33 under the duties and powers established in this chapter and 34 under the procedure established in subsection 5. 35 -10- LSB 5512XS (7) 87 md/jh 10/ 40
S.F. 2017 5. In regard to updating references and format in the Iowa 1 administrative code in order to correspond to the transferring 2 of duties of this chapter, the administrative rules coordinator 3 and the administrative rules review committee, in consultation 4 with the administrative code editor, shall jointly develop a 5 schedule for the necessary updating of the Iowa administrative 6 code. 7 Sec. 19. NEW SECTION . 259.1A Transfer of authority and 8 duties. 9 1. Beginning July 1, 2019, the authority and duties of the 10 department of education, the state board of education, and the 11 director of the department of education under this chapter 12 shall be transferred to the department of workforce development 13 and the director of the department of workforce development. 14 Accordingly, beginning July 1, 2019, all references to the 15 department of education under this chapter and references 16 to the department of education under other provisions of 17 law relating to this chapter shall mean the department of 18 workforce development and all references to the state board 19 of education or the director of the department of education 20 under this chapter or other provisions of law relating to this 21 chapter shall mean the director of the department of workforce 22 development. 23 2. Beginning July 1, 2019, the division of vocational 24 rehabilitation services created within the department of 25 education under section 259.3 shall be transferred to the 26 department of workforce development. 27 3. Any moneys remaining in any account or fund under the 28 control of the department of education at the conclusion 29 of the fiscal year beginning July 1, 2018, relative to the 30 provisions of this chapter shall be transferred to the control 31 of the department of workforce development for such purposes. 32 Notwithstanding section 8.33, the moneys transferred in 33 accordance with this subsection shall not revert to the account 34 or fund from which appropriated or transferred. 35 -11- LSB 5512XS (7) 87 md/jh 11/ 40
S.F. 2017 4. Any contract entered into by the department of education 1 relating to the provisions of this chapter in effect at the 2 conclusion of the fiscal year beginning July 1, 2018, shall 3 continue in full force and effect pending transfer of such 4 contracts to the department of workforce development. 5 5. Any rule, regulation, form, order, or directive 6 promulgated by the department of education relative to the 7 provisions of this chapter in existence at the conclusion of 8 the fiscal year beginning July 1, 2018, shall continue in full 9 force and effect until amended, repealed, or supplemented by 10 affirmative action of the department of workforce development 11 under the duties and powers established in this chapter and 12 under the procedure established in subsection 6. 13 6. In regard to updating references and format in the Iowa 14 administrative code in order to correspond to the transferring 15 of duties of this chapter, the administrative rules coordinator 16 and the administrative rules review committee, in consultation 17 with the administrative code editor, shall jointly develop a 18 schedule for the necessary updating of the Iowa administrative 19 code. 20 Sec. 20. Section 259A.1, Code 2018, is amended to read as 21 follows: 22 259A.1 Assessment of competency. 23 The department of education Each board of directors of 24 the community college serving the merged area shall cause to 25 be made available for qualified individuals a high school 26 equivalency diploma. The diploma shall be issued on the basis 27 of demonstrated competence in all of the following core areas: 28 reading, language arts, literacy, mathematics, science, and 29 social studies. 30 Sec. 21. Section 259A.2, subsections 3, 4, and 5, Code 2018, 31 are amended to read as follows: 32 3. Application shall be made to a high school equivalency 33 program or testing center approved by the department of 34 education board of directors of the community college serving 35 -12- LSB 5512XS (7) 87 md/jh 12/ 40
S.F. 2017 the merged area , accompanied by an application fee in an 1 amount prescribed by the department board of directors of the 2 community college . 3 4. Test scores shall be forwarded by the scorer of the 4 test to the department of education board of directors of the 5 community college serving the merged area . 6 5. Evidence that an applicant demonstrates competence as 7 required under section 259A.1 shall be made available to the 8 department of education board of directors of the community 9 college by the high school equivalency program for verification 10 purposes. 11 Sec. 22. Section 259A.3, Code 2018, is amended to read as 12 follows: 13 259A.3 Notice and fee. 14 Any applicant who has demonstrated competence in the core 15 areas under standards adopted by the state board of education 16 pursuant to section 259A.5 board of directors of the community 17 college shall be issued a high school equivalency diploma by 18 the department of education board of directors of the community 19 college upon payment of an additional amount determined in 20 rules adopted by the state board of education by the board of 21 directors of the community college to cover the actual costs 22 of the production and distribution of the diploma. The state 23 board of education may also by rule establish a fee for the 24 issuance or verification of a transcript which shall be based 25 on the actual costs of the production or verification of a 26 transcript. 27 Sec. 23. Section 259A.4, Code 2018, is amended to read as 28 follows: 29 259A.4 Use of fees. 30 The fees collected under the provisions of this chapter 31 shall be used for the expenses incurred in administering, 32 providing test materials, scoring of examinations and issuance 33 of high school equivalency diplomas, and shall be disbursed 34 on the authorization of the director of the department of 35 -13- LSB 5512XS (7) 87 md/jh 13/ 40
S.F. 2017 education board of directors of the community college . The 1 treasurer of state shall be custodian of the funds paid to the 2 department community college and shall disburse the same on 3 vouchers audited as provided by law. The unobligated balance 4 in such funds at the close of each biennium shall be placed in 5 the general fund of the state. 6 Sec. 24. Section 259A.5, Code 2018, is amended to read as 7 follows: 8 259A.5 Rules —— duties Administration . 9 1. The director of the department of education Each board 10 of directors of the community college serving the merged area 11 shall prescribe assessments, definitions of terms, and forms 12 and resources as necessary for the administration of this 13 chapter . 14 2. The state board of education shall adopt rules under 15 chapter 17A to carry out this chapter . Any rules adopted 16 relating to demonstrations of competence for purposes of this 17 chapter shall require such demonstrations to be equivalent 18 to or of greater rigor than those required for high school 19 graduation, and such demonstrations shall include but are 20 not limited to a test battery, credit-based measures, and 21 attainment of other academic credentials. 22 Sec. 25. NEW SECTION . 260C.1A Transfer of authority and 23 duties. 24 1. Beginning July 1, 2019, the authority and duties of the 25 department of education, the state board of education, and the 26 director of the department of education under this chapter 27 shall, to the extent feasible, be transferred to the boards of 28 directors of the community colleges serving the merged areas of 29 the state. Accordingly, beginning July 1, 2019, all references 30 to the department of education, the state board of education, 31 and the director of the department of education under this 32 chapter and references to the department of education, the 33 state board of education, and the director of the department 34 of education under other provisions of law relating to this 35 -14- LSB 5512XS (7) 87 md/jh 14/ 40
S.F. 2017 chapter shall mean the applicable board of directors of a 1 community college. 2 2. Beginning July 1, 2019, transfer of the duties and 3 authority of the department shall also include all duties and 4 authority of the community colleges division created within the 5 department of education under section 260C.6. 6 3. Any moneys remaining in any account or fund under the 7 control of the department of education at the conclusion of the 8 fiscal year beginning July 1, 2018, relative to the provisions 9 of this chapter shall be transferred to the control of the 10 applicable board of directors of a community college for such 11 purposes. Notwithstanding section 8.33, the moneys transferred 12 in accordance with this subsection shall not revert to the 13 account or fund from which appropriated or transferred. 14 4. Any contract entered into by the department of education 15 relating to the provisions of this chapter in effect at the 16 conclusion of the fiscal year beginning July 1, 2018, shall 17 continue in full force and effect pending transfer of such 18 contracts to the boards of directors of the community colleges. 19 5. Any rule, regulation, form, order, or directive 20 promulgated by the department of education relative to the 21 provisions of this chapter in existence at the conclusion of 22 the fiscal year beginning July 1, 2018, shall continue in full 23 force and effect. 24 Sec. 26. Section 260E.7, subsection 1, Code 2018, is amended 25 to read as follows: 26 1. The economic development authority, in consultation with 27 the department of education, the department of revenue , and 28 the department of workforce development, shall coordinate and 29 review the new jobs training program. The economic development 30 authority shall adopt, amend, and repeal rules under chapter 31 17A that the community college will use in developing projects 32 with new and expanding industrial new jobs training proposals 33 and that the economic development authority shall use to review 34 and report on the new jobs training program as required in this 35 -15- LSB 5512XS (7) 87 md/jh 15/ 40
S.F. 2017 section . 1 Sec. 27. Section 260F.3, subsection 5, Code 2018, is amended 2 to read as follows: 3 5. Other criteria established by the department authority . 4 Sec. 28. Section 260F.6B, Code 2018, is amended to read as 5 follows: 6 260F.6B High technology apprenticeship program. 7 The community colleges and the authority are authorized 8 to fund high technology apprenticeship programs which comply 9 with the requirements specified in section 260C.44 and which 10 may include both new and statewide apprenticeship programs. 11 Notwithstanding the provisions of section 260F.6, subsection 12 2 , relating to maximum award amounts, moneys allocated to 13 the community colleges with high technology apprenticeship 14 programs shall be distributed to the community colleges based 15 upon contact hours under the programs administered during the 16 prior fiscal year as determined by the department of education 17 authority . The authority shall adopt rules governing this 18 section ’s operation and participant eligibility. 19 Sec. 29. Section 260F.7, Code 2018, is amended to read as 20 follows: 21 260F.7 Authority to coordinate. 22 The authority, in consultation with the department of 23 education and the department of workforce development, shall 24 coordinate the jobs training program. A project shall not be 25 funded under this chapter unless the authority approves the 26 project. The authority shall adopt rules pursuant to chapter 27 17A governing the program’s operation and eligibility for 28 participation in the program. The authority shall establish 29 by rule criteria for determining what constitutes an eligible 30 business. 31 Sec. 30. Section 260H.2, subsection 1, Code 2018, is amended 32 to read as follows: 33 1. A pathways for academic career and employment program 34 is established to provide funding to community colleges 35 -16- LSB 5512XS (7) 87 md/jh 16/ 40
S.F. 2017 for the development of projects in coordination with the 1 economic development authority, the department of education, 2 the department of workforce development, local workforce 3 development boards established pursuant to section 84A.4 , and 4 community partners to implement a simplified, streamlined, and 5 comprehensive process, along with customized support services, 6 to enable eligible participants to acquire effective academic 7 and employment training to secure gainful, quality, in-state 8 employment. 9 Sec. 31. Section 260H.2, subsection 2, paragraph a, Code 10 2018, is amended to read as follows: 11 a. A pathways for academic career and employment fund 12 is created for the community colleges in the state treasury 13 to be administered by the department of education economic 14 development authority . The moneys in the pathways for academic 15 career and employment fund are appropriated to the department 16 of education economic development authority for the pathways 17 for academic career and employment program. 18 Sec. 32. Section 260H.8, Code 2018, is amended to read as 19 follows: 20 260H.8 Rules. 21 The department of education authority , in consultation with 22 the community colleges , the economic development authority, 23 and the department of workforce development, shall adopt rules 24 pursuant to chapter 17A and this chapter to implement the 25 provisions of this chapter . Local workforce development boards 26 established pursuant to section 84A.4 shall be consulted in the 27 development and implementation of rules to be adopted pursuant 28 to this chapter . 29 Sec. 33. Section 260I.2, subsection 2, paragraph a, Code 30 2018, is amended to read as follows: 31 a. There is established for the community colleges 32 a gap tuition assistance fund in the state treasury to 33 be administered by the department of education economic 34 development authority . The funds in the gap tuition assistance 35 -17- LSB 5512XS (7) 87 md/jh 17/ 40
S.F. 2017 fund are appropriated to the department of education economic 1 development authority for the gap tuition assistance program. 2 Sec. 34. Section 260I.3, subsection 1, Code 2018, is amended 3 to read as follows: 4 1. The department of education, in consultation with the 5 economic development authority , shall adopt rules pursuant to 6 this chapter defining eligibility criteria for persons applying 7 to receive tuition assistance under this chapter . 8 Sec. 35. Section 260I.10, Code 2018, is amended to read as 9 follows: 10 260I.10 Oversight. 11 1. The department of education economic development 12 authority , in coordination with the community colleges, shall 13 establish a steering committee. The steering committee shall 14 determine if the performance measures of the gap tuition 15 assistance program are being met and shall take necessary steps 16 to correct any deficiencies. The steering committee shall meet 17 at least quarterly to evaluate and monitor the performance of 18 the gap tuition assistance program. 19 2. The department of education economic development 20 authority , in coordination with the community colleges, 21 shall develop a common intake tracking system that shall be 22 implemented consistently by each participating community 23 college. 24 3. The department of education economic development 25 authority shall coordinate statewide oversight, evaluation, and 26 reporting efforts for the gap tuition assistance program. 27 Sec. 36. Section 260I.11, Code 2018, is amended to read as 28 follows: 29 260I.11 Rules. 30 The department of education economic development authority , 31 in consultation with the economic development authority and the 32 community colleges, shall adopt rules pursuant to chapter 17A 33 and this chapter to implement the provisions of this chapter . 34 Sec. 37. Section 261.1, subsection 2, paragraph b, Code 35 -18- LSB 5512XS (7) 87 md/jh 18/ 40
S.F. 2017 2018, is amended by striking the paragraph. 1 Sec. 38. NEW SECTION . 261.8 Transfer of authority and 2 duties. 3 1. Beginning July 1, 2019, the authority and duties of the 4 department of education, the state board of education, and the 5 director of the department of education under this chapter 6 shall be transferred to the college student aid commission. 7 Accordingly, beginning July 1, 2019, all references to the 8 department of education or the director of the department of 9 education under this chapter and references to the department 10 of education or the director of the department of education 11 under other provisions of law relating to this chapter shall 12 mean the college student aid commission. 13 2. Any moneys remaining in any account or fund under the 14 control of the department of education at the conclusion 15 of the fiscal year beginning July 1, 2018, relative to the 16 provisions of this chapter shall be transferred to the control 17 of the college student aid commission for such purposes. 18 Notwithstanding section 8.33, the moneys transferred in 19 accordance with this subsection shall not revert to the account 20 or fund from which appropriated or transferred. 21 3. Any contract entered into by the department of education 22 relating to the provisions of this chapter in effect at the 23 conclusion of the fiscal year beginning July 1, 2018, shall 24 continue in full force and effect pending transfer of such 25 contracts to the college student aid commission. 26 4. Any rule, regulation, form, order, or directive 27 promulgated by the department of education relative to the 28 provisions of this chapter in existence at the conclusion of 29 the fiscal year beginning July 1, 2018, shall continue in full 30 force and effect until amended, repealed, or supplemented by 31 affirmative action of the college student aid commission under 32 the duties and powers established in this chapter and under the 33 procedure established in subsection 5. 34 5. In regard to updating references and format in the Iowa 35 -19- LSB 5512XS (7) 87 md/jh 19/ 40
S.F. 2017 administrative code in order to correspond to the transferring 1 of duties of this chapter, the administrative rules coordinator 2 and the administrative rules review committee, in consultation 3 with the administrative code editor, shall jointly develop a 4 schedule for the necessary updating of the Iowa administrative 5 code. 6 Sec. 39. NEW SECTION . 261E.1A Transfer of authority and 7 duties. 8 1. Beginning July 1, 2019, the authority and duties of 9 the department of education, the state board of education, 10 and the director of the department of education under this 11 chapter shall be transferred to the state board of regents. 12 Accordingly, beginning July 1, 2019, all references to the 13 department of education, the state board of education, or the 14 director of the department of education under this chapter 15 and references to the department of education, state board of 16 education, or director of the department of education under 17 other provisions of law relating to this chapter shall mean the 18 state board of regents. 19 2. Any moneys remaining in any account or fund under the 20 control of the department of education at the conclusion of the 21 fiscal year beginning July 1, 2018, relative to the provisions 22 of this chapter shall be transferred to the control of the 23 state board of regents for such purposes. Notwithstanding 24 section 8.33, the moneys transferred in accordance with this 25 subsection shall not revert to the account or fund from which 26 appropriated or transferred. 27 3. Any contract entered into by the department of education 28 relating to the provisions of this chapter in effect at the 29 conclusion of the fiscal year beginning July 1, 2018, shall 30 continue in full force and effect pending transfer of such 31 contracts to the state board of regents. 32 4. Any rule, regulation, form, order, or directive 33 promulgated by the department of education relative to the 34 provisions of this chapter in existence at the conclusion of 35 -20- LSB 5512XS (7) 87 md/jh 20/ 40
S.F. 2017 the fiscal year beginning July 1, 2018, shall continue in full 1 force and effect until amended, repealed, or supplemented by 2 affirmative action of the state board of regents under the 3 duties and powers established in this chapter and under the 4 procedure established in subsection 5. 5 5. In regard to updating references and format in the Iowa 6 administrative code in order to correspond to the transferring 7 of duties of this chapter, the administrative rules coordinator 8 and the administrative rules review committee, in consultation 9 with the administrative code editor, shall jointly develop a 10 schedule for the necessary updating of the Iowa administrative 11 code. 12 Sec. 40. Section 262.9, subsection 27, Code 2018, is amended 13 to read as follows: 14 27. Explore , in conjunction with the department 15 of education, the need for coordination between school 16 districts, area education agencies, state board of regents 17 institutions, and community colleges for purposes of delivery 18 of courses, use of telecommunications, transportation, and 19 other similar issues. Coordination may include but is not 20 limited to coordination of calendars, programs, schedules, or 21 telecommunications emissions. The state board shall develop 22 recommendations as necessary, which shall be submitted in a 23 report to the general assembly on a timely basis. 24 Sec. 41. Section 262.9, subsection 33, unnumbered paragraph 25 1, Code 2018, is amended to read as follows: 26 In consultation with the state board of education, establish 27 Establish and enter into a collective statewide articulation 28 agreement with the community colleges established pursuant to 29 chapter 260C , which shall provide for the seamless transfer 30 of academic credits from a completed associate of arts or 31 associate of science degree program offered by a community 32 college to a baccalaureate degree program offered by an 33 institution of higher education governed by the board. The 34 board shall also do the following: 35 -21- LSB 5512XS (7) 87 md/jh 21/ 40
S.F. 2017 Sec. 42. Section 262.9, subsection 33, paragraph i, Code 1 2018, is amended to read as follows: 2 i. Prepare, jointly with the department of education and 3 the liaison advisory committee on transfer students, and submit 4 by January 15 annually to the general assembly, an update on 5 the articulation efforts and activities implemented by the 6 community colleges and the institutions of higher education 7 governed by the board. 8 Sec. 43. Section 262.71, subsection 9, Code 2018, is amended 9 by striking the subsection. 10 Sec. 44. Section 272.1, subsection 4, Code 2018, is amended 11 by striking the subsection. 12 Sec. 45. NEW SECTION . 272.1A Transfer of authority and 13 duties. 14 1. Beginning July 1, 2019, the authority and duties of the 15 department of education, the state board of education, and the 16 director of the department of education under this chapter 17 shall be transferred to the board of educational examiners. 18 Accordingly, beginning July 1, 2019, all references to the 19 department of education, the state board of education, or the 20 director of the department of education under this chapter 21 and references to the department of education, state board of 22 education, or director of the department of education under 23 other provisions of law relating to this chapter shall mean the 24 board of educational examiners. 25 2. Any moneys remaining in any account or fund under the 26 control of the department of education at the conclusion 27 of the fiscal year beginning July 1, 2018, relative to the 28 provisions of this chapter shall be transferred to the control 29 of the board of educational examiners for such purposes. 30 Notwithstanding section 8.33, the moneys transferred in 31 accordance with this subsection shall not revert to the account 32 or fund from which appropriated or transferred. 33 3. Any contract entered into by the department of education 34 relating to the provisions of this chapter in effect at the 35 -22- LSB 5512XS (7) 87 md/jh 22/ 40
S.F. 2017 conclusion of the fiscal year beginning July 1, 2018, shall 1 continue in full force and effect pending transfer of such 2 contracts to the board of educational examiners. 3 Sec. 46. Section 272.3, subsection 1, unnumbered paragraph 4 1, Code 2018, is amended to read as follows: 5 The board of educational examiners consists of twelve 6 members. Two must be members of the general public , one 7 must be the director of the department of education or the 8 director’s designee, and the remaining nine ten members must be 9 licensed practitioners. One of the public members shall have 10 served on a school board. The public members shall never have 11 held a practitioner’s license, but shall have a demonstrated 12 interest in education. The nine ten practitioners shall be 13 selected from the following areas and specialties of the 14 teaching profession: 15 Sec. 47. Section 272.3, subsection 2, Code 2018, is amended 16 to read as follows: 17 2. A majority of the licensed practitioner members shall 18 be nonadministrative practitioners. Four of the members shall 19 be administrators. Membership of the board shall comply with 20 the requirements of sections 69.16 and 69.16A . A quorum of the 21 board shall consist of six members. Members shall elect a 22 chairperson of the board. Members , except for the director of 23 the department of education or the director’s designee, shall 24 be appointed by the governor subject to confirmation by the 25 senate. 26 Sec. 48. Section 272.4, subsection 1, unnumbered paragraph 27 1, Code 2018, is amended to read as follows: 28 Members , except for the director of the department of 29 education or the director’s designee, shall be appointed to 30 serve staggered terms of four years. A member shall not serve 31 more than two consecutive terms , except for the director of the 32 department of education or the director’s designee, who shall 33 serve until the director’s term of office expires . A member of 34 the board, except for the two public members and the director 35 -23- LSB 5512XS (7) 87 md/jh 23/ 40
S.F. 2017 of the department of education or the director’s designee , 1 shall hold a valid practitioner’s license during the member’s 2 term of office. A vacancy exists when any of the following 3 occur: 4 Sec. 49. Section 272.25, subsections 3, 4, and 8, Code 2018, 5 are amended to read as follows: 6 3. A requirement that the program include instruction 7 in skills and strategies to be used in classroom management 8 of individuals, and of small and large groups, under 9 varying conditions ; , skills for communicating and working 10 constructively with pupils, teachers, administrators, and 11 parents ; , preparation in reading theory, knowledge, strategies, 12 and approaches, and for integrating literacy instruction 13 into content areas in accordance with section 256.16 ; and 14 skills for understanding the role of the board of education 15 and the functions of other education agencies in the state. 16 The requirement shall be based upon recommendations of the 17 department of education after consultation with teacher 18 education faculty members in colleges and universities . 19 4. A requirement that prescribes minimum experiences and 20 responsibilities to be accomplished during the student teaching 21 experience by the student teacher and by the cooperating 22 teacher based upon recommendations of the department of 23 education after consultation with teacher education faculty 24 members in colleges and universities . The student teaching 25 experience shall include opportunities for the student 26 teacher to become knowledgeable about the Iowa teaching 27 standards, including a mock evaluation performed by the 28 cooperating teacher. The mock evaluation shall not be used as 29 an assessment tool by the practitioner preparation program. 30 The student teaching experience shall consist of interactive 31 experiences involving the college or university personnel, the 32 student teacher, the cooperating teacher, and administrative 33 personnel from the cooperating teacher’s school district. 34 8. A requirement that an approved practitioner preparation 35 -24- LSB 5512XS (7) 87 md/jh 24/ 40
S.F. 2017 institution submit evidence that the college or department of 1 education is communicating with other colleges or departments 2 in the institution so that practitioner preparation students 3 may integrate teaching methodology with subject matter areas 4 of specialization. 5 Sec. 50. NEW SECTION . 273.1A Transfer of authority and 6 duties. 7 1. Beginning July 1, 2019, the authority and duties of 8 the department of education, the state board of education, 9 and the director of the department of education under this 10 chapter shall, to the extent feasible, be transferred to the 11 area education agency boards of directors in this state. 12 Accordingly, beginning July 1, 2019, all references to the 13 department of education, the state board of education, and the 14 director of the department of education under this chapter and 15 references to the department of education, the state board of 16 education, and the director of the department of education 17 under other provisions of law relating to this chapter shall 18 mean the applicable area education agency board of directors. 19 2. Any rule, regulation, form, order, or directive 20 promulgated by the department of education relative to the 21 provisions of this chapter in existence at the conclusion of 22 the fiscal year beginning July 1, 2018, shall continue in full 23 force and effect. 24 Sec. 51. Section 273.2, subsection 5, unnumbered paragraph 25 1, Code 2018, is amended to read as follows: 26 The area education agency board may provide for the 27 following programs and services to local school districts , and 28 at the request of local school districts to providers of child 29 development services who have received grants under chapter 30 256A from the child development coordinating council, within 31 the limits of funds available: 32 Sec. 52. NEW SECTION . 274.1A Transfer of authority and 33 duties. 34 1. Beginning July 1, 2019, the authority and duties of the 35 -25- LSB 5512XS (7) 87 md/jh 25/ 40
S.F. 2017 department of education and the director of the department of 1 education under this chapter shall, to the extent feasible, be 2 transferred to the area education agency boards of directors 3 in this state. Accordingly, beginning July 1, 2019, all 4 references to the department of education and the director of 5 the department of education under this chapter and references 6 to the department of education and the director of the 7 department of education under other provisions of law relating 8 to this chapter shall mean the applicable area education agency 9 board of directors. 10 2. Any rule, regulation, form, order, or directive 11 promulgated by the department of education or the director 12 of the department of education relative to the provisions of 13 this chapter in existence at the conclusion of the fiscal 14 year beginning July 1, 2018, shall continue in full force and 15 effect. 16 Sec. 53. NEW SECTION . 275.1A Transfer of authority and 17 duties. 18 1. Beginning July 1, 2019, the authority and duties of 19 the department of education, the state board of education, 20 and the director of the department of education under this 21 chapter shall, to the extent feasible, be transferred to the 22 area education agency boards of directors in this state. 23 Accordingly, beginning July 1, 2019, all references to the 24 department of education, the state board of education, and the 25 director of the department of education under this chapter and 26 references to the department of education, the state board of 27 education, and the director of the department of education 28 under other provisions of law relating to this chapter shall 29 mean the applicable area education agency board of directors. 30 2. Any rule, regulation, form, order, or directive 31 promulgated by the department of education, the state board 32 of education, or the director of the department of education 33 relative to the provisions of this chapter in existence at the 34 conclusion of the fiscal year beginning July 1, 2018, shall 35 -26- LSB 5512XS (7) 87 md/jh 26/ 40
S.F. 2017 continue in full force and effect. 1 Sec. 54. Section 276.3, subsections 5 and 9, Code 2018, are 2 amended by striking the subsections. 3 Sec. 55. Section 279.51, subsection 1, unnumbered paragraph 4 1, Code 2018, is amended to read as follows: 5 There is appropriated from the general fund of the state 6 to the department of education management for the fiscal year 7 beginning July 1, 2007, and each succeeding fiscal year, the 8 sum of twelve million six hundred six thousand one hundred 9 ninety-six dollars. The moneys shall be allocated as follows: 10 Sec. 56. Section 279.51, subsection 1, paragraphs b and d, 11 Code 2018, are amended by striking the paragraphs. 12 Sec. 57. Section 279.51, subsection 2, Code 2018, is amended 13 by striking the subsection. 14 Sec. 58. NEW SECTION . 279.70 Transfer of authority and 15 duties. 16 1. Beginning July 1, 2019, the authority and duties of 17 the department of education, the state board of education, 18 and the director of the department of education under this 19 chapter, to the extent feasible, shall be transferred to the 20 boards of directors for the respective school districts in the 21 state. Accordingly, beginning July 1, 2019, all references to 22 the department of education, the state board of education, and 23 the director of the department of education under this chapter 24 and references to the department of education, the state board 25 of education, and the director of the department of education 26 under other provisions of law relating to this chapter shall 27 mean the applicable board of directors of the school district. 28 2. Any rule, regulation, form, order, or directive 29 promulgated by the department of education, the state board 30 of education, or the director of the department of education 31 relative to the provisions of this chapter in existence at the 32 conclusion of the fiscal year beginning July 1, 2018, shall 33 continue in full force and effect. 34 Sec. 59. NEW SECTION . 280.1A Transfer of authority and 35 -27- LSB 5512XS (7) 87 md/jh 27/ 40
S.F. 2017 duties. 1 1. Beginning July 1, 2019, the authority and duties of 2 the department of education, the state board of education, 3 and the director of the department of education under this 4 chapter, to the extent feasible, shall be transferred to the 5 boards of directors for the respective school districts in the 6 state. Accordingly, beginning July 1, 2019, all references to 7 the department of education, the state board of education, and 8 the director of the department of education under this chapter 9 and references to the department of education, the state board 10 of education, and the director of the department of education 11 under other provisions of law relating to this chapter shall 12 mean the applicable board of directors of the school district. 13 2. Any rule, regulation, form, order, or directive 14 promulgated by the department of education, the state board 15 of education, or the director of the department of education 16 relative to the provisions of this chapter in existence at the 17 conclusion of the fiscal year beginning July 1, 2018, shall 18 continue in full force and effect. 19 Sec. 60. NEW SECTION . 282.1A Transfer of authority and 20 duties. 21 1. Beginning July 1, 2019, the authority and duties of 22 the department of education, the state board of education, 23 and the director of the department of education under this 24 chapter, to the extent feasible, shall be transferred to the 25 boards of directors for the respective school districts in the 26 state. Accordingly, beginning July 1, 2019, all references to 27 the department of education, the state board of education, and 28 the director of the department of education under this chapter 29 and references to the department of education, the state board 30 of education, and the director of the department of education 31 under other provisions of law relating to this chapter shall 32 mean the applicable board of directors of the school district. 33 2. Any rule, regulation, form, order, or directive 34 promulgated by the department of education, the state board 35 -28- LSB 5512XS (7) 87 md/jh 28/ 40
S.F. 2017 of education, or the director of the department of education 1 relative to the provisions of this chapter in existence at the 2 conclusion of the fiscal year beginning July 1, 2018, shall 3 continue in full force and effect. 4 Sec. 61. Section 282.18, subsections 5 and 13, Code 2018, 5 are amended to read as follows: 6 5. Open enrollment applications filed after March 1 7 of the preceding school year that do not qualify for good 8 cause as provided in subsection 4 shall be subject to the 9 approval of the board of the resident district and the board 10 of the receiving district. The parent or guardian shall send 11 notification to the district of residence and the receiving 12 district that the parent or guardian seeks to enroll the 13 parent’s or guardian’s child in the receiving district. A 14 decision of either board to deny an application filed under 15 this subsection involving repeated acts of harassment of the 16 student or serious health condition of the student that the 17 resident district cannot adequately address is subject to 18 appeal under section 290.1 . The state board shall exercise 19 broad discretion to achieve just and equitable results that are 20 in the best interest of the affected child or children. 21 13. If a request under this section is for transfer to a 22 laboratory school, as described in chapter 265 , the student, 23 who is the subject of the request, shall not be included in 24 the basic enrollment of the student’s district of residence, 25 and the laboratory school shall report the enrollment of the 26 student directly to the department of education management , 27 unless the number of students from the district attending the 28 laboratory school during the current school year, as a result 29 of open enrollment under this section , exceeds the number of 30 students enrolled in the laboratory school from that district 31 during the 1989-1990 school year. If the number of students 32 enrolled in the laboratory school from a district during the 33 current year exceeds the number of students enrolled from that 34 district during the 1989-1990 school year, those students who 35 -29- LSB 5512XS (7) 87 md/jh 29/ 40
S.F. 2017 represent the difference between the current and the 1988-1989 1 school year enrollment figures shall be included in the basic 2 enrollment of the students’ districts of residence and the 3 districts shall retain any moneys received as a result of the 4 inclusion of the student in the district enrollment. The total 5 number of students enrolled at a laboratory school during a 6 school year shall not exceed six hundred seventy students. The 7 regents institution operating the laboratory school and the 8 board of directors of the school district in the community 9 in which the regents institution is located shall develop 10 a student transfer policy designed to protect and promote 11 the quality and integrity of the teacher education program 12 at the laboratory school, the viability of the education 13 program of the local school district in which the regents 14 institution is located, and to indicate the order in which and 15 reasons why requests to transfer to a laboratory school shall 16 be considered. A laboratory school may deny a request for 17 transfer under the policy. A denial of a request to transfer 18 under this subsection is not subject to appeal under section 19 290.1 . 20 Sec. 62. Section 282.18, subsection 15, Code 2018, is 21 amended by striking the subsection. 22 Sec. 63. Section 283.1, Code 2018, is amended to read as 23 follows: 24 283.1 Federal funds accepted. 25 The director of the department of education management 26 is the “state educational authority” for the purpose of 27 accepting and administering funds appropriated by Congress for 28 educational purposes and the funds shall be deposited with the 29 treasurer of state and disbursed through the department of 30 administrative services on vouchers audited as provided by law. 31 When state matching funds are required as a condition to the 32 acceptance of federal funds, the director of the department 33 of education management may make expenditures for matching 34 only from funds provided by the legislature for that purpose. 35 -30- LSB 5512XS (7) 87 md/jh 30/ 40
S.F. 2017 However, when federal funds may be matched with expenditures 1 from funds appropriated for the general operation of the 2 department of education management , this may be done with the 3 approval of the legislative council. 4 Sec. 64. NEW SECTION . 283A.1A Transfer of authority and 5 duties. 6 1. Beginning July 1, 2019, the authority and duties of 7 the department of education, the state board of education, 8 and the director of the department of education under this 9 chapter, to the extent feasible, shall be transferred to the 10 boards of directors for the respective school districts in the 11 state. Accordingly, beginning July 1, 2019, all references to 12 the department of education, the state board of education, and 13 the director of the department of education under this chapter 14 and references to the department of education, the state board 15 of education, and the director of the department of education 16 under other provisions of law relating to this chapter shall 17 mean the applicable board of directors of the school district. 18 2. Any rule, regulation, form, order, or directive 19 promulgated by the department of education, the state board 20 of education, or the director of the department of education 21 relative to the provisions of this chapter in existence at the 22 conclusion of the fiscal year beginning July 1, 2018, shall 23 continue in full force and effect. 24 Sec. 65. Section 283A.3, Code 2018, is amended to read as 25 follows: 26 283A.3 Expenditure of federal funds. 27 The director of the department of education management shall 28 accept and direct the disbursement of funds appropriated by any 29 Act of Congress and appropriated to the state of Iowa for use 30 in connection with school breakfast or lunch programs. The 31 director shall deposit the funds with the treasurer of the 32 state of Iowa, who shall make disbursements upon the direction 33 of the director. 34 Sec. 66. NEW SECTION . 284.1A Transfer of authority and 35 -31- LSB 5512XS (7) 87 md/jh 31/ 40
S.F. 2017 duties. 1 1. Beginning July 1, 2019, the authority and duties of 2 the department of education, the state board of education, 3 and the director of the department of education under this 4 chapter, to the extent feasible, shall be transferred to the 5 boards of directors for the respective school districts in the 6 state. Accordingly, beginning July 1, 2019, all references to 7 the department of education, the state board of education, and 8 the director of the department of education under this chapter 9 and references to the department of education, the state board 10 of education, and the director of the department of education 11 under other provisions of law relating to this chapter shall 12 mean the applicable board of directors of the school district. 13 2. Any rule, regulation, form, order, or directive 14 promulgated by the department of education, the state board 15 of education, or the director of the department of education 16 relative to the provisions of this chapter in existence at the 17 conclusion of the fiscal year beginning July 1, 2018, shall 18 continue in full force and effect. 19 Sec. 67. NEW SECTION . 284A.1A Transfer of authority and 20 duties. 21 1. Beginning July 1, 2019, the authority and duties of 22 the department of education, the state board of education, 23 and the director of the department of education under this 24 chapter, to the extent feasible, shall be transferred to the 25 boards of directors for the respective school districts in the 26 state. Accordingly, beginning July 1, 2019, all references to 27 the department of education, the state board of education, and 28 the director of the department of education under this chapter 29 and references to the department of education, the state board 30 of education, and the director of the department of education 31 under other provisions of law relating to this chapter shall 32 mean the applicable board of directors of the school district. 33 2. Any rule, regulation, form, order, or directive 34 promulgated by the department of education, the state board 35 -32- LSB 5512XS (7) 87 md/jh 32/ 40
S.F. 2017 of education, or the director of the department of education 1 relative to the provisions of this chapter in existence at the 2 conclusion of the fiscal year beginning July 1, 2018, shall 3 continue in full force and effect. 4 Sec. 68. NEW SECTION . 285.7 Transfer of authority and 5 duties. 6 1. Beginning July 1, 2019, the authority and duties of 7 the department of education, the state board of education, 8 and the director of the department of education under this 9 chapter, to the extent feasible, shall be transferred to the 10 boards of directors for the respective school districts in the 11 state. Accordingly, beginning July 1, 2019, all references to 12 the department of education, the state board of education, and 13 the director of the department of education under this chapter 14 and references to the department of education, the state board 15 of education, and the director of the department of education 16 under other provisions of law relating to this chapter shall 17 mean the applicable board of directors of the school district. 18 2. Any rule, regulation, form, order, or directive 19 promulgated by the department of education, the state board 20 of education, or the director of the department of education 21 relative to the provisions of this chapter in existence at the 22 conclusion of the fiscal year beginning July 1, 2018, shall 23 continue in full force and effect. 24 Sec. 69. Section 291.11, Code 2018, is amended to read as 25 follows: 26 291.11 Officers reported. 27 The secretary shall report to the director of the department 28 of education management , the county auditor, and county 29 treasurer the name and post office address of the president, 30 treasurer and secretary of the board as soon as practicable 31 after the qualification of each. 32 Sec. 70. NEW SECTION . 292.1A Transfer of authority and 33 duties. 34 1. Beginning July 1, 2019, the authority and duties of the 35 -33- LSB 5512XS (7) 87 md/jh 33/ 40
S.F. 2017 department of education under this chapter shall be transferred 1 to the department of revenue. Accordingly, beginning July 1, 2 2019, all references to the department of education under this 3 chapter and references to the department of education under 4 other provisions of law relating to this chapter shall mean the 5 department of revenue. 6 2. Any moneys remaining in any account or fund under the 7 control of the department of education at the conclusion of the 8 fiscal year beginning July 1, 2018, relative to the provisions 9 of this chapter shall be transferred to the control of the 10 department of revenue for such purposes. Notwithstanding 11 section 8.33, the moneys transferred in accordance with this 12 subsection shall not revert to the account or fund from which 13 appropriated or transferred. 14 3. Any contract entered into by the department of education 15 relating to the provisions of this chapter in effect at the 16 conclusion of the fiscal year beginning July 1, 2018, shall 17 continue in full force and effect pending transfer of such 18 contracts to the department of revenue. 19 4. Any rule, regulation, form, order, or directive 20 promulgated by the department of education relative to the 21 provisions of this chapter in existence at the conclusion of 22 the fiscal year beginning July 1, 2018, shall continue in full 23 force and effect until amended, repealed, or supplemented by 24 affirmative action of the department of revenue under the 25 duties and powers established in this chapter and under the 26 procedure established in subsection 5. 27 5. In regard to updating references and format in the Iowa 28 administrative code in order to correspond to the transferring 29 of duties of this chapter, the administrative rules coordinator 30 and the administrative rules review committee, in consultation 31 with the administrative code editor, shall jointly develop a 32 schedule for the necessary updating of the Iowa administrative 33 code. 34 Sec. 71. Section 294.5, Code 2018, is amended to read as 35 -34- LSB 5512XS (7) 87 md/jh 34/ 40
S.F. 2017 follows: 1 294.5 Reports. 2 The teacher shall file with the school superintendent and 3 the director of the department of education such reports and in 4 such manner as may be required. 5 Sec. 72. Section 296.3, Code 2018, is amended to read as 6 follows: 7 296.3 Election called. 8 Within ten days of receipt of a petition filed under section 9 296.2 , the president of the board of directors shall call a 10 meeting of the board. The meeting shall be held within thirty 11 days after the petition was received. At the meeting, the 12 board shall call the election, fixing the time of the election, 13 which may be at the time and place of holding the regular 14 school election. However, if the board determines by unanimous 15 vote that the proposition or propositions requested by a 16 petition to be submitted at an election are grossly unrealistic 17 or contrary to the needs of the school district, no election 18 shall be called. If more than one petition has been received 19 by the time the board meets to consider the petition triggering 20 the meeting, the board shall act upon the petitions in the 21 order they were received at the meeting called to consider the 22 initial petition. The decision of the board may be appealed to 23 the state board of education as provided in chapter 290 . The 24 president shall notify the county commissioner of elections of 25 the time of the election. 26 Sec. 73. NEW SECTION . 297.37 Transfer of authority and 27 duties. 28 1. Beginning July 1, 2019, the authority and duties of the 29 department of education and the director of the department 30 of education under this chapter shall be transferred to the 31 department of administrative services and the director of the 32 department of administrative services. Accordingly, beginning 33 July 1, 2019, all references to the department of education 34 and the director of the department of education under this 35 -35- LSB 5512XS (7) 87 md/jh 35/ 40
S.F. 2017 chapter and references to the department of education and the 1 director of the department of education under other provisions 2 of law relating to this chapter shall mean the department of 3 administrative services or the director of the department of 4 administrative services. 5 2. Any rule, regulation, form, order, or directive 6 promulgated by the department of education or the director 7 of the department of education relative to the provisions of 8 this chapter in existence at the conclusion of the fiscal 9 year beginning July 1, 2018, shall continue in full force and 10 effect. 11 Sec. 74. Section 298A.2, subsection 2, paragraph d, Code 12 2018, is amended to read as follows: 13 d. Expenditures from the flexibility account shall be 14 approved by resolution of the board of directors of the school 15 corporation and shall be included in the budget certified in 16 accordance with chapter 24 . Before the board of directors 17 may adopt the resolution approving expenditures from the 18 flexibility account, the board shall hold a public hearing on 19 the proposed resolution. The proposed resolution must state 20 the original source and purpose of the funds, the proposed use 21 of such funds, the amount of the proposed expenditure, and 22 the fiscal year from which the transfer of such funds to the 23 flexibility account occurred. The proposed resolution must 24 also include a certification that the statutory requirements 25 for each original source of the money proposed to be used have 26 been met, have been repealed, or are no longer in effect. The 27 board shall publish notice of the time and the place of the 28 public hearing in the same manner as required in section 24.9 . 29 The department of education shall prescribe the form for public 30 hearing notices. A copy of the resolution shall be provided 31 by the board to the department of education and shall be made 32 available by the board for any audit performed under chapter 33 11 . 34 Sec. 75. Section 298A.2, subsection 2, paragraph e, Code 35 -36- LSB 5512XS (7) 87 md/jh 36/ 40
S.F. 2017 2018, is amended by striking the paragraph. 1 Sec. 76. Section 298A.8, subsection 1, Code 2018, is amended 2 to read as follows: 3 1. The student activity fund is a special revenue fund. 4 A student activity fund must be established in any school 5 corporation receiving money from student-related activities 6 such as admissions, activity fees, student dues, student 7 fund-raising events, or other student-related cocurricular or 8 extracurricular activities. Moneys in this fund shall be used 9 to support only the cocurricular program defined in department 10 of education administrative rules . 11 Sec. 77. NEW SECTION . 299.25 Transfer of authority and 12 duties. 13 1. Beginning July 1, 2019, the authority and duties of 14 the department of education, the state board of education, 15 and the director of the department of education under this 16 chapter, to the extent feasible, shall be transferred to the 17 boards of directors for the respective school districts in the 18 state. Accordingly, beginning July 1, 2019, all references to 19 the department of education, the state board of education, and 20 the director of the department of education under this chapter 21 and references to the department of education, the state board 22 of education, and the director of the department of education 23 under other provisions of law relating to this chapter shall 24 mean the applicable board of directors of the school district. 25 2. Any rule, regulation, form, order, or directive 26 promulgated by the department of education, the state board 27 of education, or the director of the department of education 28 relative to the provisions of this chapter in existence at the 29 conclusion of the fiscal year beginning July 1, 2018, shall 30 continue in full force and effect. 31 Sec. 78. NEW SECTION . 299A.1A Transfer of authority and 32 duties. 33 1. Beginning July 1, 2019, the authority and duties of 34 the department of education, the state board of education, 35 -37- LSB 5512XS (7) 87 md/jh 37/ 40
S.F. 2017 and the director of the department of education under this 1 chapter, to the extent feasible, shall be transferred to the 2 boards of directors for the respective school districts in the 3 state. Accordingly, beginning July 1, 2019, all references to 4 the department of education, the state board of education, and 5 the director of the department of education under this chapter 6 and references to the department of education, the state board 7 of education, and the director of the department of education 8 under other provisions of law relating to this chapter shall 9 mean the applicable board of directors of the school district. 10 2. Any rule, regulation, form, order, or directive 11 promulgated by the department of education, the state board 12 of education, or the director of the department of education 13 relative to the provisions of this chapter in existence at the 14 conclusion of the fiscal year beginning July 1, 2018, shall 15 continue in full force and effect. 16 Sec. 79. NEW SECTION . 301.1A Transfer of authority and 17 duties. 18 1. Beginning July 1, 2019, the authority and duties of 19 the department of education, the state board of education, 20 and the director of the department of education under this 21 chapter, to the extent feasible, shall be transferred to the 22 boards of directors for the respective school districts in the 23 state. Accordingly, beginning July 1, 2019, all references to 24 the department of education, the state board of education, and 25 the director of the department of education under this chapter 26 and references to the department of education, the state board 27 of education, and the director of the department of education 28 under other provisions of law relating to this chapter shall 29 mean the applicable board of directors of the school district. 30 2. Any rule, regulation, form, order, or directive 31 promulgated by the department of education, the state board 32 of education, or the director of the department of education 33 relative to the provisions of this chapter in existence at the 34 conclusion of the fiscal year beginning July 1, 2018, shall 35 -38- LSB 5512XS (7) 87 md/jh 38/ 40
S.F. 2017 continue in full force and effect. 1 Sec. 80. REPEAL. Chapters 256, 256A, 256G, and 290, Code 2 2018, are repealed. 3 Sec. 81. REPEAL. Sections 260C.6, 276.4, and 291.10, Code 4 2018, are repealed. 5 Sec. 82. EFFECTIVE DATE. This division of this Act takes 6 effect July 1, 2019. 7 DIVISION II 8 CORRESPONDING AMENDMENTS LEGISLATION 9 Sec. 83. CORRESPONDING AMENDMENTS LEGISLATION. Additional 10 legislation is required to fully implement division I of this 11 Act. The director of the department of education shall, in 12 compliance with section 2.16, prepare draft legislation for 13 submission to the legislative services agency, as necessary, 14 to implement the transition and elimination of authority and 15 duties under division I of this Act and to implement the 16 transition and elimination of authority and duties under other 17 provisions of law including but not limited to the duties and 18 authority of the department of education, the state board of 19 education, the director of the department of education, and any 20 division, commission, or subunit of such entities or offices 21 under chapters 7A, 7E, 8A, 8B, 8D, 8F, 11, 12, 15, 15H, 16, 19B, 22 22, 48A, 68B, 73, 80E, 84A, 85, 96, 99B, 125, 135, 139A, 141A, 23 142A, 154B, 154F, 161A, 190A, 216A, 218, 225C, 232, 234, 237, 24 237A, 237C, 239B, 241, 249A, 257, 261B, 321, 321J, 322, 350, 25 423E, 423F, 455A, 455E, 473, 514I, 714, and 904. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to education by modifying the duties and 30 authority of certain state and local governmental entities. 31 Division I of the bill repeals Code chapter 256, which 32 establishes the department of education, establishes the office 33 of the director of the department of education, establishes 34 the state board of education, specifies certain educational 35 -39- LSB 5512XS (7) 87 md/jh 39/ 40
S.F. 2017 standards, establishes various education programs, establishes 1 certain councils and entities within the department of 2 education, includes provisions relating to the participation in 3 extracurricular activities, establishes the division of library 4 services, includes the library compact, and establishes the 5 public broadcasting division. 6 Division I of the bill also amends and repeals other chapters 7 of the Code relating to education to transition the duties and 8 authority of the department of education, the director of the 9 department of education, and the state board of education to 10 other specified local and state governmental entities beginning 11 July 1, 2019. 12 Division I of the bill takes effect July 1, 2019. 13 Division II of the bill provides that additional legislation 14 is required to fully implement division I of the bill and 15 requires the director of the department of education to 16 prepare draft legislation for submission to the legislative 17 services agency, as necessary, to implement the transition 18 and elimination of authority and duties under division I of 19 the bill and to implement the transition and elimination of 20 authority and duties under other provisions of law including 21 but not limited to the duties and authority of the department 22 of education, the state board of education, the director of 23 the department of education, and any division, commission, 24 or subunit of such entities or offices under specified Code 25 chapters. 26 -40- LSB 5512XS (7) 87 md/jh 40/ 40