HSB 672 (LSB 5362XL (21) 89)

SENATE/HOUSE FILE _____

BY  (PROPOSED GOVERNOR BILL)

A BILL FOR

An Act relating to education, including establishing a student first scholarship program and a student first enrollment supplement fund, requiring the boards of directors of school districts to publish certain specified information, modifying provisions related to required social studies instruction, open enrollment, teacher librarian endorsements, competent private instruction, and special education, making appropriations, providing penalties, and including effective date, applicability, and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
SCHOOL DISTRICT TRANSPARENCY

    Section 1.  Section 257.17, Code 2022, is amended to read as follows:
   257.17  Aid reduction for early school starts.
   1.  State aid payments made pursuant to section 257.16 for a fiscal year shall be reduced by one one-hundred-eightieth for each day of that fiscal year for which the school district begins school before the earliest school start date specified in section 279.10, subsection 1. 
   2.  This section does Subsection 1 shall not apply to a school district attendance center that has received approval from the department of education under section 279.10, subsection 2, to maintain a year-round school calendar that commences classes in advance of the school start date established in section 279.10, subsection 1. The department of management shall prorate the reduction made pursuant to this section subsection 1 to account for an attendance center in a school district that is approved to maintain a year-round school calendar under section 279.10, subsection 2.
   3.  State aid payments made pursuant to section 257.16 for a fiscal year shall be reduced by the department of education for each day of that fiscal year for which the school district has been found to have intentionally violated a provision of section 279.76. The department of education shall reduce the state aid payments made pursuant to section 257.16 for a fiscal year in an amount the department of education determines is in proportion to the actual damages caused by the school district’s violation of section 279.76.
    Sec. 2.  NEW SECTION.  279.76  Transparency and state standards.
   1.  The board of directors of each school district shall publish all of the following information related to the current school year prominently on the school district’s internet site:
   a.  A course syllabus or written summary of what material will be taught in each class in the school district, sortable by subject area, grade level, and teacher.
   b.  How each class in the school district meets or exceeds the educational standards established pursuant to section 256.11, sortable by subject area, grade level, and teacher.
   c.  The titles of all textbooks, books, articles, videos, and other educational materials used for student instruction in each class in the school district, or links to the internet sites containing such textbooks, books, articles, or other educational materials.
   d.  The procedures or policies in effect for the documentation, review, and approval of all textbooks, books, articles, outlines, handouts, presentations, videos, and other educational materials used for student instruction. This shall include the procedures or policies applicable to the board of directors of the school district, principals, administrators, teachers, and any committee created by the board of directors, an administrator, or a principal.
   e.  A comprehensive list of all books available to students in libraries operated by the school district.
   f.  A flowchart developed by the department of education showing the procedures or polices in effect for the parent or guardian of a student enrolled in the school district to request the removal of a book that is available to students in a library operated by the school district.
   2.  a.  The board of directors of each school district shall update the information required to be published pursuant to subsection 1 on or before August 23 and on or before January 15 of each school year.
   b.  The board of directors of each school district shall notify parents and guardians that the information required to be published pursuant to subsection 1 has been updated by publishing notice on the school district’s internet site and providing notice in a newsletter or other written communication that is distributed to parents and guardians.
   3.  The board of directors of each school district shall maintain the information required to be published pursuant to subsection 1 for at least five years on the school district’s internet site in a manner that is accessible to the public.
   4.  This section shall not be construed to require the board of directors of a school district to do any of the following:
   a.  Reproduce educational materials that were not created by a teacher employed by the board of directors.
   b.  Distribute any educational materials in a manner that would infringe on the intellectual property rights of any person.
   5.  For purposes of this section, unless the context otherwise requires, “used for student instruction” means that a textbook, book, article, syllabus, outline, handout, presentation, video, or other educational material meets any of the following criteria:
   a.  Is or will be assigned, distributed, or otherwise presented to students in a class required pursuant to section 256.11.
   b.  Is or will be assigned, distributed, or otherwise presented to students as required by the board of directors of the school district.
   c.  Is or will be created by the board of directors of the school district or a teacher employed by the board.
    Sec. 3.  NEW SECTION.  279.77  Protocols for the selection, review, reconsideration, and removal of materials from libraries.
   The board of directors of a school district shall adopt protocols for the selection, review, reconsideration, and removal of materials from libraries operated by the school district. The protocols shall require all of the following:
   1.  A process for the selection, reconsideration, and removal of materials from libraries operated by the school district.
   2.  The lawful and ethical use of information resources, including plagiarism and intellectual property rights.
   3.  A process that allows the parent or guardian of a student enrolled in the school district to request the reconsideration or removal of materials from a library operated by the school district. The process shall require all of the following:
   a.  Within ten business days after a parent’s or guardian’s submission of a request to reconsider or remove materials from a library operated by the school district, or on or before a later date, if the school district and the parent or guardian agree in writing, the school district shall conduct a review of the materials described in the request and respond to the parent or guardian in writing with notice of the disposition of the request for reconsideration or removal.
   b.  The parent or guardian may request that the board of directors of the school district review the school district’s disposition of the request described in paragraph “a”. The board of directors of the school district shall act on the request to review the school district’s disposition of the request described in paragraph “a” at the next regularly scheduled meeting of the board of directors of the school district but no later than twenty business days after the board of directors of the school district receives the request to review the disposition, or on or before a later date, if the board of directors of the school district and the parent or guardian agree in writing. The board of directors of the school district shall respond to the parent or guardian’s request for review of the school district’s disposition by affirming or reversing the school district’s decision.
   c.  The parent or guardian may appeal the decision of the board of directors of the school district under paragraph “b” to the state board of education pursuant to section 290.1.
   d.  If a school district or the board of directors of a school district fails to act on a parent’s or guardian’s request to reconsider or remove materials from a library operated by the school district within the timelines provided in this section, the parent or guardian may appeal the school district’s or the board of directors of a school district’s failure to the state board of education. The state board of education may direct the school district or the board of directors of a school district to perform the review as prescribed and take any other actions applicable in case of noncompliance with state or federal education laws pursuant to section 256.11, subsection 10, paragraph “c”.
    Sec. 4.  FLOWCHART.  The department of education shall create a flowchart that shows the procedure for a parent or guardian of a student enrolled in a school district to request the removal of a book that is available to students in a library operated by the school district as required by section 279.76, as enacted by this division of this Act. The department of education shall provide the flowchart to all school districts.
DIVISION II
STUDENT FIRST SCHOLARSHIP PROGRAM
    Sec. 5.  Section 256.9, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  65.  Adopt rules relating to the administration of and applications for the student first scholarship program pursuant to section 257.11B, including but not limited to application processing timelines and information required to be submitted by a parent or guardian.
    Sec. 6.  NEW SECTION.  257.11B  Student first scholarship program.
   1.  a.  For the school budget year beginning July 1, 2022, and each succeeding school budget year, the following resident pupils who are attending a nonpublic school, as defined in section 285.16, shall be eligible to receive a student first scholarship in the manner provided in this section:
   (1)  A pupil whose household has an annual income which is less than or equal to four hundred percent of the most recently revised poverty income guidelines published by the United States department of health and human services. The total number of student first scholarships the department of education approves for pupils pursuant to this subparagraph shall not exceed five thousand in a school year. However, if the number of student first scholarships received by pupils pursuant to subparagraph (2) is less than the number of student first scholarships reserved for pupils under subparagraph (2), the department of education may approve the difference for pupils pursuant to this subparagraph for the same school year.
   (2)  A pupil who has an individualized education program. The total number of student first scholarships the department of education approves for pupils pursuant to this subparagraph shall not exceed five thousand in a school year. However, if the number of student first scholarships received by pupils pursuant to subparagraph (1) is less than the number of student first scholarships reserved for pupils under subparagraph (1), the department of education may approve the difference for pupils pursuant to this subparagraph for the same school year.
   (3)  A pupil who received a student first scholarship for the immediately preceding school budget year, who is eligible to enroll in grade one through grade twelve, who meets the requirements of subparagraph (1) or (2) and who is not otherwise ineligible under this section.
   b.  Student first scholarships shall be made available to parents and guardians in the manner authorized under subsection 4, paragraph “c”, for the payment of qualified educational expenses as provided in this section.
   c.  No more than ten thousand student first scholarships shall be made available each school year.
   d.  For purposes of this subsection, “resident” means the same as defined in section 282.1, subsection 2.
   2.  a.  (1)  By January 1 preceding the school year for which the student first scholarship is requested, the parent or guardian of a pupil enrolled in a school district, eligible to enroll in a school district for kindergarten in the next school year, or enrolled in a nonpublic school who received a student first scholarship in the current school year, may request a student first scholarship by submitting an application to the department of education, on application forms developed by the department of education, indicating that the parent or guardian intends to enroll the pupil in a nonpublic school for the entirety of the school year.
   (2)  In addition to such information deemed appropriate by the department of education, the application shall require certification from the nonpublic school of the pupil’s enrollment for the following school year.
   b.  By February 1 preceding the school year for which the student first scholarship is requested, the department of education shall determine the number of pupils in each school district approved to receive a scholarship for the following school year and shall notify the parent or guardian of each pupil approved for the following school year to receive a scholarship and the amount of the scholarship for the pupil. The department of education shall approve pupils who received a student first scholarship for the immediately preceding school budget year who are eligible to enroll in grade one through grade twelve, who meet the requirements of subsection 1, paragraph “a”, subparagraph (1) or (2), and who are not otherwise ineligible under this section. The department of education shall approve the remaining pupils who did not receive a student first scholarship for the immediately preceding school budget year, subject to the limitation in subsection 1, paragraph “c”, on a first-come, first-served basis based on the date the parent or guardian submitted the application pursuant to subsection 2, paragraph “a”, subparagraph (1).
   c.  Student first scholarships shall only be approved for one school year and applications must be submitted annually for student first scholarships in subsequent school years.
   3.  The department of education shall assign each pupil a student first scholarship in an amount equal to the sum of all the following for the same school budget year:
   a.  The product of the pupil’s weighted enrollment that would otherwise be assigned to the pupil under this chapter if the pupil was enrolled in the pupil’s district of residence multiplied by the difference between eighty-eight and four-tenths percent of the regular program state cost per pupil and the statewide average foundation property tax per pupil. 
   b.  The total teacher salary supplement district cost per pupil for the pupil’s district of residence.
   c.  The total professional development supplement district cost per pupil for the pupil’s district of residence.
   d.  The total early intervention supplement district cost per pupil for the pupil’s district of residence.
   e.  The total area education agency teacher salary supplement district cost per pupil for the pupil’s district of residence.
   f.  The total area education agency professional development supplement district cost per pupil for the pupil’s district of residence.
   g.  The total teacher leadership supplement district cost per pupil for the pupil’s district of residence.
   4.  A student first scholarship fund is created in the state treasury under the control of the department of education consisting of moneys appropriated to the department of education for the purpose of providing student first scholarships under this section. For the fiscal year commencing July 1, 2022, and each succeeding fiscal year, there is appropriated from the general fund of the state to the department of education to be credited to the fund the amount necessary to pay all student first scholarships approved for that fiscal year. The director of the department of education has all powers necessary to carry out and effectuate the purposes, objectives, and provisions of this section pertaining to the fund, including the power to do all of the following:
   a.  Make and enter into contracts necessary for the administration of the fund.
   b.  Procure insurance against any loss in connection with the assets of the fund or require a surety bond.
   c.  Contract with a private financial management firm to manage the fund, in collaboration with the treasurer of state, including providing for the disbursement of student first scholarships in the form of an electronic debit card or checks that are payable directly from the pupil’s account within the fund.
   d.  Conduct audits or other reviews necessary to properly administer the program.
   e.  Adopt rules for the administration of the fund and accounts within the fund.
   5.  a.  For each pupil approved for a student first scholarship, the department of education shall establish an account for that pupil in the student first scholarship fund. The amount of the pupil’s student first scholarship shall be deposited into the pupil’s account on July 1, and such amount shall be immediately available for the payment of qualified educational expenses incurred by the parent or guardian for the pupil during that fiscal year using the payment method authorized under subsection 4, paragraph “c”.
   b.  A nonpublic school that accepts payment from a parent or guardian using funds from a pupil’s account in the student first scholarship fund shall not refund, rebate, or share any portion of such payment with the parent, guardian, or pupil.
   c.  Moneys remaining in a pupil’s account upon conclusion of the fiscal year shall remain in the pupil’s account in the student first scholarship fund for the payment of qualified educational expenses in future fiscal years during which the pupil participates in the program until the pupil becomes ineligible under the program or until the remaining amounts are transferred to the state general fund under subsection 8.
   6.  a.  For purposes of this section, “qualified educational expenses” includes tuition and fees at a nonpublic school, textbooks, fees or payments for educational therapies, including tutoring or cognitive skills training, curriculum fees, software, and materials for a course of study for a specific subject matter or grade level, tuition or fees for nonpublic online education programs, tuition for vocational and life skills education approved by the department of education, education materials and services for pupils with disabilities, including the cost of paraprofessionals and assistants who are trained in accordance with state law, standardized test fees, advanced placement examinations or examinations related to postsecondary education admission or credentialing, qualified education expenses, as defined in section 12D.1, excluding room and board expenses, and other expenses incurred by the parent or guardian that are directly related to the education of the pupil at a nonpublic school, including a nonpublic school accredited by an independent accrediting agency approved by the department of education. The cost of one computer or other portable computing device shall be allowed as a qualified educational expense for a pupil if the computer or portable computing device is used primarily for the education of the pupil and if such a purchase has not been made using funds from that pupil’s account in any of the three immediately preceding fiscal years.
   b.  “Qualified educational expenses” does not include transportation costs for the pupil, the cost of food or refreshments consumed by the pupil, the cost of clothing for the pupil, or the cost of disposable materials, including but not limited to paper, notebooks, pencils, pens, and art supplies.
   7.  a.  A person who makes a false claim for the purpose of obtaining a student first scholarship provided for in this section or who knowingly receives the scholarship or makes a payment from an account within the student first scholarship fund without being legally entitled to do so is guilty of a fraudulent practice under chapter 714. The false claim for a student first scholarship or a payment from an account shall be disallowed. The department of education shall also close the pupil’s account in the student first scholarship fund and transfer any remaining moneys in the account for deposit in the general fund of the state. If the improperly obtained amounts from the scholarship have been disbursed from the applicable account in the student first scholarship fund, the department of education shall recover such amounts from the parent or guardian, including by initiating legal proceedings to recover such amounts, if necessary. A parent or guardian who commits a fraudulent practice under this section is prohibited from participating in the student first scholarship program in the future.
   b.  If, prior to the end of the required attendance period of the school year, a pupil who receives a student first scholarship withdraws from enrollment in the nonpublic school or is expelled, the nonpublic school shall notify the department of education in writing of the pupil’s withdrawal or expulsion, and the pupil’s parent or guardian shall notify the department of education of the pupil’s withdrawal or expulsion from the nonpublic school. A pupil’s expulsion from the nonpublic school prior to the end of the required attendance period for the school year shall invalidate the pupil’s eligibility for the student first scholarship for the school budget year. A pupil’s withdrawal from a nonpublic school prior to the end of the required attendance period of the school year shall invalidate the pupil’s eligibility for the student first scholarship for the school budget year unless the withdrawal is the result of a change in residence of the pupil and the pupil, following written notice by the parent or guardian and certification by the new nonpublic school to the department of education, enrolls in a different nonpublic school in this state for the remainder of the school year.
   c.  (1)  Upon receipt of a notice of expulsion under paragraph “b”, the department of education shall close the pupil’s account in the student first scholarship fund and transfer any remaining moneys in the account for deposit in the general fund of the state. In addition, if amounts from the scholarship for the school budget year during which the pupil is expelled have been disbursed from the expelled pupil’s account in the student first scholarship fund, the department of education shall recover such amounts from the parent or guardian, including by initiating legal proceedings to recover such amounts, if necessary.
   (2)  Upon receipt of a notice of withdrawal under paragraph “b” and a determination that the pupil’s withdrawal was not the result of a change in residence, the department of education shall cease disbursements of remaining moneys in the pupil’s account in the student first scholarship fund, close the pupil’s account, and transfer any moneys remaining in the pupil’s account for deposit in the general fund of the state. In addition, if amounts from the scholarship for the school budget year during which the withdrawal occurs have been disbursed from the pupil’s account in the student first scholarship fund, the department of education shall recover such amounts from the parent or guardian to the extent the amount disbursed exceeds the amount of the scholarship proportionate to the remaining portion of the school year following the withdrawal, including by initiating legal proceedings to recover such amounts, if necessary. 
   (3)  Upon receipt of a notice of withdrawal under paragraph “b” and a determination that the withdrawal was the result of a change in residence but that the pupil did not enroll in a different nonpublic school in this state for the remainder of the school year, the department of education shall cease disbursements of remaining moneys in the pupil’s account in the student first scholarship fund, close the pupil’s account, and transfer any moneys remaining in the pupil’s account for deposit in the general fund of the state.
   (4)  If a pupil’s eligibility is invalidated under the provisions of paragraph “b”, the pupil shall be ineligible for a student first scholarship for the following school budget year under subsection 1, paragraph “a”, subparagraphs (2) and (3).
   8.  Moneys remaining in a pupil’s account when the pupil graduates from high school or turns twenty-one years of age, whichever occurs first, shall be transferred by the department of education for deposit in the general fund of the state.
   9.  a.  A parent may appeal to the state board of education any administrative decision the department of education makes pursuant to this section, including but not limited to determinations of eligibility, allowable expenses, and removal from the program. The department shall notify the parent or guardian in writing of the appeal process at the same time the department notifies the parent or guardian of the administrative decision. The state board of education shall establish the appeals process consistent with chapter 17A and shall post such appeal process information on the state board of education’s internet site. 
   b.  The state board of education shall refer cases of substantial misuse of student first scholarship funds to the attorney general for the purpose of collection or for the purpose of a criminal investigation if the state board of education obtains evidence of fraudulent use of an account.
   10.  a.  This section shall not be construed to authorize the state or any political subdivision of the state to exercise authority over any nonpublic school or construed to require a nonpublic school to modify its academic standards for admission or educational program in order to receive payment from a parent or guardian using funds from a pupil’s account in the student first scholarship fund.
   b.  This section shall not be construed to expand the authority of the state or any political subdivision of the state to impose regulations upon any nonpublic school that are not necessary to implement this section.
   c.  A nonpublic school that accepts payment from a parent or guardian using funds from a pupil’s account in the student first scholarship fund is not an agent of this state or of a political subdivision of this state.
   d.  Rules adopted by the department of education to implement this section that impose an undue burden on a nonpublic school are invalid.
   e.  A nonpublic school that accepts payment from a parent or guardian using funds from a pupil’s account in the student first scholarship fund shall be given the maximum freedom possible to provide for the educational needs of the school’s students, consistent with state and federal law.
    Sec. 7.  NEW SECTION.  257.16E  Student first enrollment supplement fund.
   1.  A student first enrollment supplement fund is created as a separate and distinct fund in the state treasury under the control of the department of management. Moneys in the fund include revenues credited to the fund, appropriations made to the fund, and other moneys deposited into the fund.
   2.  a.  For each fiscal year beginning on or after July 1, 2023, there is appropriated annually from the general fund of the state to the department of management for deposit in the student first enrollment supplement fund an amount equal to the product of the number of student first scholarships approved under section 257.11B for the base year multiplied by the sum of the statewide average foundation property tax per pupil plus the difference between the amount determined under section 257.16B, subsection 2, paragraph “c”, subparagraph (2), and the amount determined under section 257.16B, subsection 2, paragraph “c”, subparagraph (1).
   b.  The moneys available in a fiscal year in the student first enrollment supplement fund shall be distributed by the department of management in equal amounts as student first enrollment supplement payments to school districts with a budget enrollment of five hundred students or less for the budget year.
   3.  a.  Payments to school districts under this section shall be paid at the same time and in the same manner as foundation aid is paid under section 257.16, and may be included in the monthly payment of state aid under section 257.16, subsection 2.
   b.  Student first enrollment supplement payments received under this section are miscellaneous income and shall be deposited in the general fund of the school district. However, the payment amount shall not be included in district cost and shall not affect the receipt or amount of a budget adjustment received under section 257.14.
   4.  Notwithstanding section 8.33, any moneys remaining in the foundation base supplement fund at the end of a fiscal year shall not revert to any other fund but shall remain in the foundation base supplement fund for use as provided in this section for the following fiscal year.
    Sec. 8.  Section 422.7, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  51.  Subtract, to the extent included, the amount of a student first scholarship under section 257.11B received by the taxpayer for payment of qualified educational expenses.
    Sec. 9.  STUDENT FIRST SCHOLARSHIP PROGRAM APPLICATIONS FOR THE SCHOOL YEAR BEGINNING JULY 1, 2022.
   1.  Notwithstanding the deadline in section 257.11B, subsection 2, paragraph “a”, subparagraph (1), as enacted in this division of this Act, by May 1 preceding the school year beginning July 1, 2022, the parent or guardian of a pupil who is enrolled in a school district or who is eligible to enroll in a school district for kindergarten in the next school year, and who is requesting a student first scholarship for the school year beginning July 1, 2022, may request a student first scholarship by submitting an application to the department of education, on application forms developed by the department of education, indicating that the parent or guardian intends to enroll the pupil in a nonpublic school for the entirety of the school year beginning July 1, 2022.
   2.  Notwithstanding the deadline in section 257.11B, subsection 2, paragraph “b”, as enacted in this division of this Act, by June 1 preceding the school year beginning July 1, 2022, the department of education shall determine the number of pupils in each school district approved to receive a scholarship for the following school year and shall notify the parent or guardian of each pupil approved for the following school year to receive a scholarship and the amount of the scholarship for the pupil.
    Sec. 10.  EMERGENCY RULES.  The department of education may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of the section of this division of this Act enacting section 256.9, subsection 65, and section 257.11B, and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.
    Sec. 11.  EFFECTIVE DATE.  The following, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this division of this Act enacting section 256.9, subsection 65.
   2.  The section of this division of this Act enacting section 257.11B.
   3.  The section of this division of this Act establishing deadlines for the applications for the student first scholarship program for the school year beginning July 1, 2022.
   4.  The section of this division of this Act authorizing the department of education to engage in emergency rulemaking.
    Sec. 12.  APPLICABILITY.  The following applies to school budget years and fiscal years beginning on or after July 1, 2022:
   The section of this division of this Act enacting section 257.11B.
    Sec. 13.  APPLICABILITY.  The following applies to school budget years and fiscal years beginning on or after July 1, 2023:
   The section of this division of this Act enacting section 257.16E.
    Sec. 14.  RETROACTIVE APPLICABILITY.  The following applies retroactively to tax years beginning on or after January 1, 2022:
   The section of this division of this Act enacting section 422.7, subsection 51.
DIVISION III
SOCIAL STUDIES INSTRUCTION

    Sec. 15.  Section 256.11, subsection 5, paragraph b, Code 2022, is amended to read as follows:
   b.  (1)  Five units of the social studies including instruction in voting statutes and procedures, voter registration requirements, the use of paper ballots and voting systems in the election process, and the method of acquiring and casting an absentee ballot. All students shall complete a minimum of one-half unit of United States government and one unit of United States history.
   (2)  The one-half unit of United States government shall include the all of the following:
   (a)  The voting procedure as described in this lettered paragraph and section 280.9A. The government instruction shall also include a
   (b)  A study of the Constitution of the United States and the Bill of Rights contained in the Constitution and an assessment of a student’s knowledge of the Constitution and the Bill of Rights.
   (c)  (i)  An assessment of the student’s knowledge of United States government and civics that includes the nature, purpose, structure, function, and history of the United States government, the rights and responsibilities of citizens of the United States, and important United States government and civic leaders. The most recent version of the civics test developed by the United States citizenship and immigration services shall be used as the assessment required by this subparagraph division. On or before June 30 of each year, each school district and nonpublic school shall submit the results of the assessment required by this subparagraph division to the department.
   (ii)  The school district or nonpublic school may modify the civics test developed by the United States citizenship and immigration services for a student who has an individualized education program.
   (iii)  A student shall answer at least seventy percent of the questions on the civics test developed by the United States citizenship and immigration services correctly as a condition of graduation. A student who fails to answer at least seventy percent of the questions on the civics test correctly may retake the civics test as many times as necessary.
DIVISION IV
PRIVATE INSTRUCTION —— SPECIAL EDUCATION

    Sec. 16.  Section 299A.9, subsection 1, Code 2022, is amended to read as follows:
   1.  A child of compulsory attendance age who is identified as requiring special education under chapter 256B is eligible for placement under competent private instruction with prior approval of the placement by the director of special education of the area education agency of the child’s district of residence.
    Sec. 17.  Section 299A.9, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The parent, guardian, or legal custodian of a child who is identified as requiring special education may request dual enrollment pursuant to section 299A.8. The appropriate special education services for the child shall be determined pursuant to chapter 256B and rules adopted pursuant to chapter 256B.
DIVISION V
OPEN ENROLLMENT

    Sec. 18.  Section 282.18, subsection 5, Code 2022, is amended to read as follows:
   5.  a.  Open enrollment applications filed after March 1 of the preceding school year that do not qualify for good cause 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.
   b.  A decision of either board to deny an application filed under this subsection involving repeated acts of harassment of the student that the resident district cannot adequately address, a consistent failure of the resident district to reasonably respond to a student’s failure to meet basic academic standards after notice provided by a parent or guardian, or a serious health condition of the student that the resident district cannot adequately address is subject to appeal under section 290.1.  A decision of either board to deny an application filed under this subsection related to the sibling or stepsibling of a student described in this paragraph is also subject to appeal under section 290.1.
   c.  The state board shall adopt by rule the criteria for determining a resident district’s consistent failure to reasonably respond to a student’s failure to meet basic academic standards and shall exercise broad discretion to achieve just and equitable results that are in the best interest of the affected child or children.
    Sec. 19.  Section 282.18, subsection 11, paragraph a, Code 2022, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (08)  If the pupil participates in open enrollment because the pupil’s sibling or stepsibling participates in open enrollment as a result of the sibling or stepsibling’s appeal under section 282.18, subsection 5, paragraph “b”.
DIVISION VI
TEACHER LIBRARIANS

    Sec. 20.  Section 256.11, subsection 9, Code 2022, is amended to read as follows:
   9.  Beginning July 1, 2006, each school district shall have a qualified teacher librarian who shall be licensed by the board of educational examiners under chapter 272.  Such license shall not require the completion of a master’s degree. The state board shall establish in rule a definition of and standards for an articulated sequential kindergarten through grade twelve media program. A school district that entered into a contract with an individual for employment as a media specialist or librarian prior to June 1, 2006, shall be considered to be in compliance with this subsection until June 30, 2011, if the individual is making annual progress toward meeting the requirements for a teacher librarian endorsement issued by the board of educational examiners under chapter 272. A school district that entered into a contract with an individual for employment as a media specialist or librarian who holds at least a master’s degree in library and information studies shall be considered to be in compliance with this subsection until the individual leaves the employ of the school district.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to education, including establishing a student first scholarship program and a student first enrollment supplement fund, requiring the boards of directors of school districts to publish certain specified information, and modifying provisions related to required social studies instruction, open enrollment, teacher librarian endorsements, competent private instruction, and special education.
   DIVISION I —— SCHOOL DISTRICT TRANSPARENCY. The bill creates new Code section 279.76, which requires the board of directors of each school district to publish on the school district’s internet site a syllabus or written summary of what material will be taught in each class in the school district, how each class in the school district meets or exceeds the educational standards established pursuant to Code section 256.11, information related to all educational materials used for student instruction in each class in the school district, the procedures for the review and approval of all educational materials used for student instruction, a list of all books available to students in libraries operated by the school district, and a flowchart developed by the department of education showing the procedures for the parent or guardian of a student enrolled in the school district to request the removal of a book that is available to students in a library operated by the school district. The bill also requires the board of directors to update this information periodically and notify parents and guardians that the information has been updated. The bill provides that the board of directors shall maintain this information for at least five years on the school district’s internet site. 
   The bill provides that state aid payments made pursuant to Code section 257.16 for a fiscal year shall be reduced in an amount determined by the department of education for each day of that fiscal year for which the school district has been found to have intentionally violated a provision of new Code section 279.76. The bill provides that the department shall make the reduction in an amount the department determines is in proportion to the actual damages caused by the school district’s violation of new Code section 279.76.
   The bill requires the board of directors of a school district to adopt protocols for the selection, review, reconsideration, and removal of materials from libraries operated by the school district. The bill establishes what the protocols shall require, which includes a process for the selection, reconsideration, and removal of materials from libraries operated by the school district, the lawful and ethical use of information resources, including plagiarism and intellectual property rights, and a process that allows the parent or guardian of a student enrolled in the school district to request the reconsideration or removal of materials from a library operated by the school district.
   DIVISION II —— STUDENT FIRST SCHOLARSHIP PROGRAM. Under the bill, for the school year beginning July 1, 2022, the following pupils who attend a nonpublic school are eligible to receive a student first scholarship: (1) a pupil whose household has an annual income which is less than or equal to 400 percent of the poverty income guidelines; (2) a pupil who has an individualized education program; and (3) a pupil who received a student first scholarship for the immediately preceding school budget year and who is eligible to enroll in grade 1 through grade 12. The bill limits the number of student first scholarships to no more than 10,000 in each school year. By January 1 preceding the school year for which the student first scholarship is requested, the parent or guardian of a pupil enrolled in a school district, eligible to enroll in a school district for kindergarten in the next school year, or enrolled in a nonpublic school who received a student first scholarship in the current school year, may request a student first scholarship by submitting an application to the department of education indicating that the parent or guardian intends to enroll the pupil in a nonpublic school for the entirety of the school year.
   The bill requires that by February 1 preceding the school year for which the student first scholarship is requested, the department of education must notify the parent or guardian of each pupil approved for the following school year to receive a student first scholarship and the amount of the student first scholarship for the pupil, as specified in the bill. Student first scholarships must be approved for each school year and applications must be submitted each year. The bill specifies how the department is to choose which applications to approve.
   The bill creates a student first scholarship fund in the state treasury under the control of the department of education consisting of moneys appropriated to the department of education for the purpose of providing student first scholarships. For the fiscal year commencing July 1, 2022, and each succeeding fiscal year, the bill appropriates from the general fund of the state to the department of education for deposit in the fund the amount necessary to pay all student first scholarships approved for that fiscal year. For each pupil approved for a student first scholarship, the department of education must establish an account for that pupil in the student first scholarship fund. The amount of the pupil’s student first scholarship is deposited into the pupil’s account on July 1 and such amount is available for use by parents and guardians for the payment of qualified educational expenses, as defined in the bill, incurred by the parent or guardian for the pupil during that fiscal year.
   The bill authorizes the department of education to contract with a private financial management firm to manage the student first scholarship fund, in collaboration with the treasurer of state, including providing for the disbursement of student first scholarships in the form of an electronic debit card or checks that are payable directly from the pupil’s account within the fund.
   The bill provides that moneys remaining in a pupil’s account upon the conclusion of the fiscal year shall remain in the pupil’s account in the student first scholarship fund for the payment of qualified educational expenses in future fiscal years during which the pupil participates in the program until the pupil becomes ineligible or until the remaining amounts are required to be transferred to the general fund of the state under the bill.
   Under the bill, for each pupil with a positive balance in the pupil’s account in the student first scholarship fund upon graduation from high school or reaching 21 years of age, whichever occurs first, the department of education is required to transfer such remaining moneys for deposit in the general fund of the state.
   The bill establishes procedures for parent or guardian appeals to the state board of education and provides that a person who makes a false claim for the purpose of obtaining a student first scholarship or who knowingly receives the scholarship or makes a payment from an account in the student first scholarship fund without being legally entitled to do so is guilty of a fraudulent practice and is subject to a criminal penalty. The bill directs the department of education to recover scholarships and amounts improperly awarded or paid and requires the closure of the pupil’s account and transfer of all remaining moneys to the general fund of the state. The bill also establishes requirements and procedures for parents or guardians and for the department of education when a pupil receiving a student first scholarship withdraws or is expelled from the nonpublic school prior to the end of the required attendance period of the school year, including requirements for disposition of the pupil’s account within the student first scholarship fund and recovery of scholarship funds. The section of the bill enacting the student first scholarship program takes effect upon enactment and applies to school budget years and fiscal years beginning on or after July 1, 2022. The bill contains provisions extending certain application and notification deadlines related to the student first scholarship program for the school year beginning July 1, 2022, which take effect upon enactment. The bill also authorizes the department of education to adopt emergency rules to implement the student first scholarship program.
   The bill provides that a student first scholarship received by a taxpayer is not taxable income for purposes of state individual income taxation. This provision of the bill applies retroactively to tax years beginning on or after January 1, 2022.
   The bill establishes a student first enrollment supplement fund under the control of the department of management. For each fiscal year beginning on or after July 1, 2023, the bill appropriates annually from the general fund of the state to the department of management for deposit in the student first enrollment supplement fund an amount equal to the product of the number of student first scholarships approved for the base year multiplied by the sum of the statewide average foundation property tax per pupil plus the difference between the amounts determined under Code section 257.16B, subsection 2, paragraph “c”, subparagraphs (1) and (2), for the calculation of school district property tax replacement payments. Moneys available in a fiscal year in the student first enrollment supplement fund shall be distributed in equal amounts as student first enrollment supplement payments to school districts with a budget enrollment of 500 students or less for the budget year. Student first enrollment supplement payments shall be miscellaneous income and shall be deposited in the general fund of the school district. However, the payment amount shall not be included in district cost and shall not affect the receipt or amount of a budget adjustment received under Code section 257.14. The section of the bill enacting the student first enrollment supplement fund applies to school budget years and fiscal years beginning on or after July 1, 2023.
   DIVISION III —— SOCIAL STUDIES INSTRUCTION. Under current law, the educational program established pursuant to Code section 256.11 is required to include, in grades 9 through 12, five units of social studies, one-half unit of which is to consist of instruction in United States government. The bill provides that this one-half unit of United States government shall include an assessment of the student’s knowledge of United States government and civics. The bill provides that the most recent version of the civics test developed by the United States citizenship and immigration services shall be used as the assessment. The bill requires each school district and nonpublic school to submit the results of the civics test to the department of education by June 30 of each year. The bill authorizes a school district or nonpublic school to modify the civics test for a student who has an individualized education program. The bill provides that a student must answer at least 70 percent of the questions correctly on the civics test as a condition of graduation. The bill authorizes a student who fails to answer at least 70 percent of the questions on the civics test correctly to retake the civics test.
   DIVISION IV —— PRIVATE INSTRUCTION —— SPECIAL EDUCATION.  The bill provides that a child of compulsory attendance age who is identified as requiring special education is eligible for placement under competent private instruction without prior approval of the placement by the director of special education of an area education agency. The bill also provides that a child who is identified as requiring special education may request dual enrollment and the appropriate special education services for the child shall be determined pursuant to Code chapter 256B (special education).
   DIVISION V —— OPEN ENROLLMENT. Current law provides that the decision of the board of a resident school district or receiving school district to deny an open enrollment application filed after March 1 of the preceding school year that involves repeated acts of harassment of the student that the resident district cannot adequately address, a consistent failure of the resident district to reasonably respond to a student’s failure to meet basic academic standards after notice provided by a parent or guardian, or a serious health condition of the student that the resident district cannot adequately address is subject to appeal under Code section 290.1. The bill provides that this right of appeal also applies to a decision of either board to deny an open enrollment application related to the sibling or stepsibling of such a student. Additionally, the bill authorizes the sibling or stepsibling of such a student, attending a grade in grades 9 through 12, who does participate in open enrollment to participate immediately in a varsity interscholastic sport.
   DIVISION VI —— TEACHER LIBRARIANS. The bill removes the requirement that the holder of a teacher librarian endorsement have a master’s degree.