Text: HF02370 Text: HF02372 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 19B.4, subsection 1, Code 1995, is 1 2 amended to read as follows: 1 3 1.EachEvery four years each state agency, including the 1 4 state board of regents and its institutions, shallannually1 5 prepare an affirmative action plan. State agencies other than 1 6 the state board of regents and its institutions shall submit 1 7 their plans to the department of personnel by July 31, 1996, 1 8 and each fourth year thereafter. Institutions under the 1 9 jurisdiction of the state board of regents shall submit their 1 10 plans to that board between December 15 and December 31 of 1 11 1996 and each fourth year thereafter. Each plan shall contain 1 12 a clear and unambiguous written program containing goals and 1 13 time specifications related to personnel administration. 1 14 Sec. 2. Section 19B.11, subsections 3 and 4, Code 1995, 1 15 are amended to read as follows: 1 16 3.EachEvery four years, each school district, area 1 17 education agency, and community college in the state shall 1 18 submit to the director of the department of educationan1 19annuala report of the accomplishments and programs of the 1 20 district, agency, or community college in carrying out its 1 21 duties under this section by November 30, 1996, and each 1 22 fourth year thereafter.The report shall be submitted between1 23December 15 and December 31 each year.The director shall 1 24 prescribe the form and content of the report. 1 25 4. The director of the department of education shall 1 26 prepare a compilation of the reports required by subsection 3 1 27 and shall submit this compilation, together with a report of 1 28 the director's accomplishments and programs pursuant to this 1 29 section, to the department of management byJanuaryDecember 1 30 31of, 1996, and each fourth year thereafter. 1 31 Sec. 3. Section 256.9, Code 1995, is amended by adding the 1 32 following new subsection: 1 33 NEW SUBSECTION. 49. Develop and implement a mandate 1 34 waiver and modification process in accordance with section 1 35 256.17, and prepare forms and procedures as necessary to be 2 1 used by the board of directors of a school district and the 2 2 authorities in charge of a nonpublic school to ensure 2 3 uniformity, accuracy, and efficiency in the waiver process. 2 4 Sec. 4. Section 256.11, subsection 5, paragraph g, Code 2 5 1995, is amended by striking the paragraph. 2 6 Sec. 5. Section 256.11, subsection 6, Code 1995, is 2 7 amended to read as follows: 2 8 6. Apupilstudent is not required to enroll ineither2 9physical education orhealth courses if thepupil'sstudent's 2 10 parent or guardian files a written statement with the school 2 11 principal that the course conflicts with thepupil'sstudent's 2 12 religious belief. 2 13 Sec. 6. NEW SECTION. 256.17 MANDATE WAIVER AND 2 14 MODIFICATION PROCESS. 2 15 1. Notwithstanding any other provision of the Code, the 2 16 board of directors of a school district and the authorities in 2 17 charge of an accredited nonpublic school may file a written 2 18 request and application to the department for a waiver or 2 19 modification of mandates contained in any provision of Title 2 20 VII, subtitles 1 and 6, or of any administrative rule or 2 21 policies adopted by the state board. 2 22 2. Modifications of mandates in state law and waivers and 2 23 modifications of administrative rules and policies of the 2 24 state board may be requested pursuant to subsection 1 when a 2 25 school district or accredited nonpublic school can demonstrate 2 26 that it can address the intent of the mandate or rule or 2 27 policy in a more effective, efficient, or economical manner or 2 28 when necessary to stimulate innovation in the school district 2 29 or school or improve student performance. Waivers of mandates 2 30 in state law may be requested when a waiver of state law is 2 31 necessary to stimulate innovation in the school district or 2 32 school or improve student performance. 2 33 3. Waivers and modifications shall not not be requested or 2 34 granted if the laws, rules, or policies pertain to special 2 35 education, teacher certification, or the issuance or 3 1 termination of teacher contracts. 3 2 4. An application submitted under this section shall 3 3 describe the manner in which the intent of the mandate, rule, 3 4 or policy can be addressed more effectively, efficiently, or 3 5 economically, or shall be based upon a specific plan for 3 6 improved student performance and school improvement. 3 7 5. A school district or accredited nonpublic school 3 8 requesting a waiver or modification of a mandate, rule, or 3 9 policy for the reason that the intent of the mandate can be 3 10 addressed in a more economical manner shall include in the 3 11 application a fiscal analysis showing current expenditures on 3 12 the mandate, rule, or policy and projected savings resulting 3 13 from the waiver or modification. 3 14 6. The board of directors of a school district shall 3 15 conduct a public hearing on a proposed application or plan 3 16 prior to voting on the submission of the proposed application 3 17 or plan to the state board. The public hearing shall provide 3 18 an opportunity for testimony before the board from 3 19 representatives of the community, including educators, 3 20 parents, and students. Notice of the date, time, place, and 3 21 general subject matter of the public hearing shall be 3 22 published in one or more newspapers not less than ten nor more 3 23 than twenty days before the public hearing. For the purpose 3 24 of establishing and giving assured circulation to the 3 25 proceedings, only a newspaper of general circulation issued at 3 26 a regular frequency, distributed in the school district's 3 27 area, and regularly delivered or mailed through the post 3 28 office during the preceding two years may be used for the 3 29 publication. In addition, the newspaper must have a list of 3 30 subscribers who have paid, or promised to pay, at more than a 3 31 nominal rate, for copies to be received during a stated 3 32 period. The board shall notify in writing the representative 3 33 for each employee organization under chapter 20 that has 3 34 members who could be affected under a proposed waiver or 3 35 modification. If, following the public hearing, the board of 4 1 directors approves the request for a waiver or modification, 4 2 the board shall transmit its application to the state board of 4 3 education. 4 4 7. The state board shall have not more than forty-five 4 5 days in which to review the request and application for waiver 4 6 or modification of a rule or policy of the state board. If 4 7 the state board fails to disapprove the application within the 4 8 forty-five-day period, the waiver or modification of the rule 4 9 or policy shall be deemed granted. The state board may 4 10 disapprove any request if the request is not based upon sound 4 11 education practices, endangers the health or safety of 4 12 students or staff, compromises equal opportunities for 4 13 learning, or fails to demonstrate that the intent of the rule 4 14 or policy can be addressed in a more effective, efficient, or 4 15 economical manner or have improved student performance as a 4 16 primary goal. Any request disapproved by the state board may 4 17 be appealed by the board of directors to the general assembly 4 18 pursuant to subsection 8. 4 19 8. The state board shall compile requests and applications 4 20 for waivers and modifications of mandates and any appeals to 4 21 its decisions regarding the requests for waivers and 4 22 modifications of rules or policies of the state board under 4 23 subsection 7 in a report to be filed annually by December 15 4 24 with the general assembly. The general assembly may 4 25 disapprove in whole or in part, by resolution by a record vote 4 26 of the majority of the members elected in each house, the 4 27 report of the state board within thirty calendar days after 4 28 the general assembly convenes in January. If the general 4 29 assembly fails to disapprove any waiver or modification of a 4 30 mandate request or appealed request of a rule or policy of the 4 31 state board within the thirty-day period, the waiver or 4 32 modification shall be deemed granted. Any resolution adopted 4 33 by the general assembly disapproving a report of the state 4 34 board in whole or in part shall be binding on the state board. 4 35 9. An approved waiver or modification remains in effect 5 1 for a period not to exceed five school years and may be 5 2 renewed in the manner used for the initial waiver or 5 3 modification. 5 4 Sec. 7. STATE BOARD OF EDUCATION. The state board of 5 5 education is directed to rescind any rule requiring each 5 6 school or school district operating a kindergarten through 5 7 grade twelve program to provide an articulated sequential 5 8 elementary-secondary guidance program, and any rule requiring 5 9 school districts and accredited nonpublic schools to establish 5 10 and operate a media services program to support the total 5 11 curriculum for each district or school. 5 12 Sec. 8. REPEAL. Section 256.11A, Code 1995, is repealed. 5 13 EXPLANATION 5 14 This bill addresses certain mandates related to affirmative 5 15 action and education required under the Code or by 5 16 administrative rule or policy of the state board of education. 5 17 The following provisions are created, amended, stricken, or 5 18 repealed from the Code: 5 19 19B.4(1): Provides that each state agency, including the 5 20 state board of regents and its institutions, currently 5 21 required annually to prepare an affirmative action plan, shall 5 22 only be required to provide a plan every four years beginning 5 23 in 1996. 5 24 19B.11(3) and (4): Provide that each school district, area 5 25 education agency, and community college currently required 5 26 under the Code to submit to the director of the department of 5 27 education an annual report of its accomplishments and programs 5 28 relating to affirmative action are, under the bill, only 5 29 required to provide the report every four years beginning in 5 30 1996. The director of the department of education's 5 31 compilation of the reports, currently required to be submitted 5 32 annually to the department of management, is, under the bill, 5 33 required only every fourth year beginning in 1996. 5 34 256.9(49): Requires the director of the department of 5 35 education to develop and implement a waiver and modification 6 1 process of state laws and rules and policies of the state 6 2 board of education in accordance with section 256.17, and 6 3 prepare forms and procedures as necessary. 6 4 256.11(5)(g) and 256.11(6): Strike the physical education 6 5 requirements from the education standards for grades nine 6 6 through 12. 6 7 256.17(1) through (9): Create a waiver and modification 6 8 process for mandates established by law and for rules and 6 9 policies of the state board. Notwithstanding any other 6 10 provision of the Code, the board of directors of a school 6 11 district and the authorities in charge of an accredited 6 12 nonpublic school may file a written request and application to 6 13 the department of education for a waiver or modification of 6 14 the mandates of Title VII, subtitles 1 and 6, or of the 6 15 administrative rules and policies adopted by the state board 6 16 of education. 6 17 Modifications of mandates and waivers and modifications of 6 18 administrative rules and policies may be requested when a 6 19 school district or accredited nonpublic school can demonstrate 6 20 that it can address the intent of the mandate, rule, or policy 6 21 in a more effective, efficient, or economical manner or when 6 22 necessary to stimulate innovation or improve student 6 23 performance. Waivers of mandates may be requested when the 6 24 waivers are necessary to stimulate innovation or improve 6 25 student performance. 6 26 Waivers cannot be requested or granted from laws, rules, 6 27 and policies pertaining to special education, teacher 6 28 certification, or the issuance or termination of teacher 6 29 contracts. 6 30 The board of directors of a school district shall conduct a 6 31 public hearing on a proposed application or plan prior to 6 32 approving the proposed application or plan. The public 6 33 hearing shall provide an opportunity for testimony before the 6 34 board from the community, including educators, parents and 6 35 students. Notice of the date, time, place, and general 7 1 subject matter of the public hearing shall be published in one 7 2 or more newspapers not less than 10 nor more than 20 days 7 3 before the public hearing. The board shall notify in writing 7 4 the representative for each employee organization under 7 5 chapter 20 that has members who could be affected under a 7 6 proposed waiver or modification. 7 7 If the state board of education does not disapprove an 7 8 application within 45 days of receiving the application, the 7 9 waiver or modification of a rule or policy of the state board 7 10 shall be deemed granted. The state board may disapprove any 7 11 request if the request is not based upon sound education 7 12 practices, endangers the health or safety of students or 7 13 staff, compromises equal opportunities for learning, or fails 7 14 to demonstrate that the intent of the mandate, rule, or policy 7 15 can be addressed in a more effective, efficient, or economical 7 16 manner or have improved student performance as a primary goal. 7 17 The state board shall compile requests and applications for 7 18 waivers and modifications to mandates and any appeals to its 7 19 decisions regarding the requests and modifications of a rule 7 20 or policy of the state board in a report to be filed annually 7 21 with the general assembly. The general assembly may 7 22 disapprove in whole or in part, by resolution by a record vote 7 23 of the majority of the members elected in each house, the 7 24 report of the state board within 30 calendar days after the 7 25 general assembly convenes in January. If the general assembly 7 26 fails to disapprove any waiver or modification request or 7 27 appealed request within the 30-day period, the waiver or 7 28 modification shall be deemed granted. 7 29 An approved waiver or modification may remain in effect for 7 30 a period not to exceed five school years and may be renewed 7 31 upon application by the school board or accredited nonpublic 7 32 school. 7 33 256.11A: The bill repeals the section of the Code which 7 34 provides that school districts and nonpublic schools may apply 7 35 for waivers from guidance program and media services program 8 1 requirements from the department of education. 8 2 The bill also contains a provision directing the state 8 3 board of education to nullify any rule requiring each school 8 4 or school district operating a kindergarten through grade 12 8 5 program to provide an articulated sequential elementary- 8 6 secondary guidance program, and any rule requiring school 8 7 districts and accredited nonpublic schools to establish and 8 8 operate a media services program to support the total 8 9 curriculum for each district or school. 8 10 LSB 3505YH 76 8 11 kh/jw/5
Text: HF02370 Text: HF02372 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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