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PAG LIN 1 1 Amend the Senate amendment, H-5522, to House File 1 2 2477, as amended, passed, and reprinted by the House, 1 3 as follows: 1 4 #1. By striking page 1, line 3, through page 9, 1 5 line 31, and inserting the following: 1 6 "# . By striking everything after the enacting 1 7 clause and inserting the following: 1 8 "COLLEGE STUDENT AID COMMISSION 1 9 Section 1. There is appropriated from the general 1 10 fund of the state to the college student aid 1 11 commission for the fiscal year beginning July 1, 1996, 1 12 and ending June 30, 1997, the following amounts, or so 1 13 much thereof as may be necessary, to be used for the 1 14 purposes designated: 1 15 1. GENERAL ADMINISTRATION 1 16 For salaries, support, maintenance, miscellaneous 1 17 purposes, and for not more than the following full- 1 18 time equivalent positions: 1 19 .................................................. $ 342,797 1 20 ............................................... FTEs 7.05 1 21 The college student aid commission shall conduct a 1 22 study of and consider possible differentiations in the 1 23 grants awarded that are based upon parental income and 1 24 assets under the Iowa tuition grant program and shall 1 25 consider the reimbursement of grant moneys by a 1 26 student if the student does not complete a term of 1 27 study funded by an Iowa tuition grant or a vocational- 1 28 technical tuition grant. The commission shall submit 1 29 a report of its findings and recommendations to the 1 30 general assembly by January 1, 1997. 1 31 2. UNIVERSITY OF OSTEOPATHIC MEDICINE AND HEALTH 1 32 SCIENCES 1 33 a. For forgivable loans to Iowa students attending 1 34 the university of osteopathic medicine and health 1 35 sciences, under the forgivable loan program pursuant 1 36 to section 261.19A: 1 37 .................................................. $ 379,260 1 38 b. For the university of osteopathic medicine and 1 39 health sciences for an initiative in primary health 1 40 care to direct primary care physicians to shortage 1 41 areas in the state: 1 42 .................................................. $ 395,000 1 43 The moneys appropriated in this lettered paragraph 1 44 shall be used as follows: 1 45 (1) To reduce student loan debt for primary care 1 46 physicians in an amount not to exceed $30,000 per 1 47 student for a four-year period of medical service in 1 48 medically under-served areas of the state. 1 49 (2) For tuition scholarships for students 1 50 attending the university of osteopathic medicine and 2 1 health sciences who agree to practice primary care 2 2 medicine in medically under-served areas of the state. 2 3 The student shall practice in the state two years for 2 4 every year of tuition. A person receiving funds under 2 5 this subparagraph shall not be eligible for funds 2 6 under subparagraph (1). 2 7 (3) For general administration costs of the 2 8 university for the primary care initiative, the 2 9 university shall expend an amount not to exceed 2 10 $50,000. 2 11 Within one month of the end of a fiscal quarter, 2 12 the university of osteopathic medicine and health 2 13 sciences shall submit a report to the legislative 2 14 fiscal bureau concerning the expenditure of funds used 2 15 pursuant to subparagraphs (1), (2), and (3) of this 2 16 lettered paragraph. The university shall also submit 2 17 the annual audit of the university to the legislative 2 18 fiscal bureau within six months following the end of 2 19 the year being audited. 2 20 The college student aid commission shall not 2 21 provide moneys for subparagraphs (1) and (2) of this 2 22 lettered paragraph until the university has signed and 2 23 submitted contracts for the use of these moneys for 2 24 reduction of student loan debt and tuition 2 25 scholarships. Funds for subparagraph (3) of this 2 26 lettered paragraph shall be provided quarterly to the 2 27 university. 2 28 Notwithstanding section 8.33, the funds for this 2 29 lettered paragraph shall not revert to the general 2 30 fund but be available for expenditure the following 2 31 fiscal year for purposes of subparagraphs (1) and (2). 2 32 The college student aid commission, the university 2 33 of osteopathic medicine and health sciences, and the 2 34 legislative fiscal bureau shall cooperatively develop 2 35 and propose uniform time periods of medical practice 2 36 which shall be served in the state in return for an 2 37 allocation of state funds for purposes of the 2 38 university of osteopathic medicine and health 2 39 sciences. Proposals developed may relate to 2 40 allocations of funds within a single appropriation 2 41 concept and include contracting provisions. Proposals 2 42 shall be submitted in a report to the general assembly 2 43 by January 1, 1997. 2 44 3. STUDENT AID PROGRAMS 2 45 For payments to students for the Iowa grant 2 46 program: 2 47 .................................................. $ 1,397,790 2 48 Sec. 2. There is appropriated from the loan 2 49 reserve account to the college student aid commission 2 50 for the fiscal year beginning July 1, 1996, and ending 3 1 June 30, 1997, the following amount, or so much 3 2 thereof as may be necessary, to be used for the 3 3 purposes designated: 3 4 For operating costs of the Stafford loan program 3 5 including salaries, support, maintenance, 3 6 miscellaneous purposes, and for not more than the 3 7 following full-time equivalent positions: 3 8 .................................................. $ 4,596,739 3 9 ............................................... FTEs 31.95 3 10 Sec. 3. Notwithstanding the maximum allowed 3 11 balance requirement of the scholarship and tuition 3 12 grant reserve fund as provided in section 261.20, 3 13 there is appropriated from the scholarship and tuition 3 14 grant reserve fund to the college student aid 3 15 commission for the fiscal year beginning July 1, 1996, 3 16 and ending June 30, 1997, the funds remaining 3 17 following transfer, pursuant to section 261.20 for the 3 18 fiscal year ending June 30, 1995, which are to be 3 19 divided equally for purposes of the Iowa vocational- 3 20 tuition grants and the work study program. Funds 3 21 appropriated in this section are in addition to funds 3 22 appropriated in section 261.25, subsection 3, and 3 23 section 261.85. 3 24 Sec. 4. Not later than September 1, 1996, the 3 25 college student aid commission shall compile a list of 3 26 affected students receiving tuition grants during the 3 27 fiscal year beginning July 1, 1995, and who 3 28 transferred from a nonaccredited to an accredited 3 29 private institution for the fiscal year beginning July 3 30 1, 1996. If the student meets all financial aid 3 31 criteria as set forth by the commission, the 3 32 transferring affected student may continue to receive 3 33 a tuition grant for the fiscal year beginning July 1, 3 34 1996. The commission shall calculate the funds 3 35 remaining from tuition grants awarded to affected 3 36 students who do not transfer to an accredited private 3 37 institution in the fiscal year beginning July 1, 1996. 3 38 Notwithstanding section 261.25, subsection 1, the 3 39 first $200,000 of these funds shall be used for 3 40 national guard tuition aid as provided in section 3 41 261.21 as enacted by this Act, the next $115,000 shall 3 42 be used for enhanced forgiveable loans as provided in 3 43 this section, the next $100,000 shall be used for 3 44 chiropractic graduate student forgiveable loans as 3 45 provided in section 261.71, the next $15,000 shall be 3 46 used to provide grants to students who would meet the 3 47 requirements for receipt of a vocational-technical 3 48 tuition grant, but who are enrolled in a licensed 3 49 school of cosmetology arts and sciences under chapter 3 50 157, or a licensed barber school under chapter 158, 4 1 and any excess remaining funds shall be used to award 4 2 tuition grants to eligible students. For purposes of 4 3 this paragraph, "affected student" means a qualified 4 4 student for whom payment of a tuition grant was made 4 5 under section 261.13 for one or more semesters or 4 6 trimesters while the student was attending a private 4 7 institution which was accredited as defined in section 4 8 261.9 for the fiscal year beginning July 1, 1995, but 4 9 which does not meet the requirements for an accredited 4 10 private institution for the fiscal year beginning July 4 11 1, 1996. 4 12 The amount of an enhanced forgivable loan issued 4 13 under this section shall not exceed $11,500. To 4 14 qualify for an enhanced forgiveable loan a person 4 15 shall do all of the following: 4 16 (1) Practice as a primary care physician in a 4 17 community designated as underserved by state and 4 18 federal authorities and which has a population of less 4 19 than 20,000. A student must provide one year of 4 20 practice for every year of loan forgiveness. 4 21 (2) Have shown superior academic achievement and 4 22 demonstrated exceptional financial need during the 4 23 last year of undergraduate study. 4 24 The commission shall prescribe by rule the terms of 4 25 repayment and forgiveness. The rules shall be 4 26 consistent with the requirements of section 261.19A. 4 27 The commission shall deposit payments made by loan 4 28 recipients into the fund created in section 261.19B. 4 29 DEPARTMENT OF CULTURAL AFFAIRS 4 30 Sec. 5. There is appropriated from the general 4 31 fund of the state to the department of cultural 4 32 affairs for the fiscal year beginning July 1, 1996, 4 33 and ending June 30, 1997, the following amounts, or so 4 34 much thereof as is necessary, to be used for the 4 35 purposes designated: 4 36 1. ARTS DIVISION 4 37 For salaries, support, maintenance, miscellaneous 4 38 purposes, including funds to match federal grants, for 4 39 areawide arts and cultural service organizations that 4 40 meet the requirements of chapter 303C, and for not 4 41 more than the following full-time equivalent 4 42 positions: 4 43 .................................................. $ 1,081,918 4 44 ............................................... FTEs 11.00 4 45 The Iowa arts council shall develop and implement a 4 46 simplified, uniform grant application for use by all 4 47 grant applicants and shall prescribe a uniform grant 4 48 application renewal period for all grant applicants by 4 49 January 15, 1997. 4 50 2. HISTORICAL DIVISION 5 1 For salaries, support, maintenance, miscellaneous 5 2 purposes, and for not more than the following full- 5 3 time equivalent positions: 5 4 .................................................. $ 2,626,267 5 5 ............................................... FTEs 58.50 5 6 3. HISTORIC SITES 5 7 For salaries, support, maintenance, miscellaneous 5 8 purposes, and for not more than the following full- 5 9 time equivalent positions: 5 10 .................................................. $ 386,039 5 11 ............................................... FTEs 5.00 5 12 4. ADMINISTRATION 5 13 For salaries, support, maintenance, miscellaneous 5 14 purposes, and for not more than the following full- 5 15 time equivalent positions: 5 16 .................................................. $ 250,227 5 17 ............................................... FTEs 4.30 5 18 5. COMMUNITY CULTURAL GRANTS 5 19 For planning and programming for the community 5 20 cultural grants program established under section 5 21 303.3, and for not more than the following full-time 5 22 equivalent position: 5 23 .................................................. $ 707,721 5 24 ............................................... FTEs 0.70 5 25 DEPARTMENT OF EDUCATION 5 26 Sec. 6. There is appropriated from the general 5 27 fund of the state to the department of education for 5 28 the fiscal year beginning July 1, 1996, and ending 5 29 June 30, 1997, the following amounts, or so much 5 30 thereof as may be necessary, to be used for the 5 31 purposes designated: 5 32 1. GENERAL ADMINISTRATION 5 33 For salaries, support, maintenance, miscellaneous 5 34 purposes, and for not more than the following full- 5 35 time equivalent positions: 5 36 .................................................. $ 5,378,382 5 37 ............................................... FTEs 96.95 5 38 The department of education shall conduct a study 5 39 of the special education funding system with the 5 40 following goals: increasing the capacity of the whole 5 41 school to meet the needs of all children; increasing 5 42 support available to "at-risk" students; and ensuring 5 43 predictable and equitable special education funding at 5 44 both the state and local levels. The study shall 5 45 include, but is not limited to, an examination of the 5 46 consequences of increasing the current special 5 47 education weights and the impact that will have on 5 48 those districts whose expenditures exceed the amounts 5 49 generated under the present weighting plan and on 5 50 those districts which are generating sufficient funds; 6 1 the issues and feasibility of alternative special 6 2 education funding systems based on school district 6 3 experiences with involvement from representatives of 6 4 the education community, including representatives 6 5 from area education agencies, special education 6 6 teachers, administrators, and advocacy groups; and the 6 7 possibility of establishing a funding system to 6 8 address students that are "at-risk" but are not 6 9 currently eligible for special education services. 6 10 The department shall submit its findings and specific 6 11 recommendations in a report to the general assembly 6 12 and the legislative fiscal bureau by January 1, 1997. 6 13 The department of education shall conduct a study 6 14 of the trends in the number of students requiring 6 15 services to become proficient in the English language 6 16 and the current and projected costs related to 6 17 providing such services by local school districts. 6 18 The department shall report its findings and specific 6 19 recommendations regarding funding to the general 6 20 assembly and the legislative fiscal bureau by January 6 21 1, 1997. 6 22 The department of education, in consultation with 6 23 the department of human services, shall conduct a 6 24 study of the funding for educational programs provided 6 25 for each child living with an individual licensed 6 26 under chapter 237, or in a foster care or other 6 27 facility as defined in sections 282.19 and 282.27. 6 28 The recommendations developed shall include but not be 6 29 limited to the funding structure and source of 6 30 funding. The department shall submit a report of its 6 31 findings and recommendations to chairpersons and 6 32 ranking members of the joint appropriations 6 33 subcommittee on education and the chairpersons and 6 34 ranking members of the standing education committees 6 35 by January 1, 1997. 6 36 The department of education shall review the 6 37 reports required of the department by the general 6 38 assembly since 1980 and shall catalog the progress, 6 39 success, and failures of the general assembly in 6 40 implementing or responding to the recommendations 6 41 contained in those reports. The department shall 6 42 submit its findings and recommendations to the 6 43 chairpersons and ranking members of the joint 6 44 appropriations subcommittee on education and the 6 45 chairpersons and ranking members of the standing 6 46 education committees of the senate and the house of 6 47 representatives by January 1, 1997. 6 48 The department of education shall conduct a study 6 49 of the means by which student employability skills may 6 50 be measured, including but not limited to the 7 1 employability skills of students at various levels of 7 2 their secondary education and students who have 7 3 graduated, the businesses that employ them, and the 7 4 institutions of higher learning which admit the 7 5 graduates. The department shall submit its findings 7 6 and recommendations to the chairpersons and ranking 7 7 members of the joint appropriations subcommittee on 7 8 education and the chairpersons and ranking members of 7 9 the standing education committees of the senate and 7 10 the house of representatives by January 1, 1997. 7 11 The department of education shall submit an annual 7 12 report of funds expended and activities accomplished 7 13 in the K-12 and community college management 7 14 information system to the the general assembly and the 7 15 legislative fiscal bureau by January 1, 1997. The 7 16 department shall determine the goals of the K-12 and 7 17 community college management information system and 7 18 establish a timeline by which the goals shall be 7 19 accomplished. The goals and timeline shall be 7 20 included in the annual report submitted to the general 7 21 assembly and the legislative fiscal bureau by January 7 22 1, 1997. 7 23 2. VOCATIONAL EDUCATION ADMINISTRATION 7 24 For salaries, support, maintenance, miscellaneous 7 25 purposes, and for not more than the following full- 7 26 time equivalent positions: 7 27 .................................................. $ 656,057 7 28 ............................................... FTEs 18.60 7 29 3. BOARD OF EDUCATIONAL EXAMINERS 7 30 For salaries, support, maintenance, miscellaneous 7 31 purposes, and for not more than the following full- 7 32 time equivalent positions: 7 33 .................................................. $ 194,582 7 34 ............................................... FTEs 2.00 7 35 4. VOCATIONAL REHABILITATION DIVISION 7 36 a. For salaries, support, maintenance, 7 37 miscellaneous purposes, and for not more than the 7 38 following full-time equivalent positions: 7 39 .................................................. $ 4,098,243 7 40 ............................................... FTEs 289.75 7 41 The division of vocational rehabilitation services 7 42 of the department of education shall seek, in addition 7 43 to state appropriations, funds other than federal 7 44 funds, which may include but are not limited to local 7 45 funds, for purposes of matching federal vocational 7 46 rehabilitation funds. 7 47 Notwithstanding the full-time equivalent position 7 48 limit established in this subsection for the fiscal 7 49 year ending June 30, 1997, if federal funding is 7 50 available to pay the costs of additional employees for 8 1 the vocational rehabilitation division who would have 8 2 duties relating to vocational rehabilitation services 8 3 paid for through federal funding, authorization to 8 4 hire not more than four full-time equivalent employees 8 5 shall be provided, the full-time equivalent position 8 6 limit shall be exceeded, and the additional employees 8 7 shall be hired by the division. 8 8 b. For matching funds for programs to enable 8 9 severely physically or mentally disabled persons to 8 10 function more independently, including salaries and 8 11 support, and for not more than the following full-time 8 12 equivalent positions: 8 13 .................................................. $ 75,169 8 14 ............................................... FTEs 1.50 8 15 5. STATE LIBRARY 8 16 For salaries, support, maintenance, miscellaneous 8 17 purposes, and for not more than the following full- 8 18 time equivalent positions: 8 19 .................................................. $ 2,797,190 8 20 ............................................... FTEs 34.50 8 21 Reimbursement of the institutions of higher 8 22 learning under the state board of regents for 8 23 participation in the access plus program during the 8 24 fiscal year beginning July 1, 1996, and ending June 8 25 30, 1997, shall not exceed the total amount of 8 26 reimbursement paid to the regents institutions of 8 27 higher learning for participation in the access plus 8 28 program during the fiscal year beginning July 1, 1995, 8 29 and ending June 30, 1996. 8 30 6. REGIONAL LIBRARY 8 31 For state aid: 8 32 .................................................. $ 1,537,000 8 33 7. PUBLIC BROADCASTING DIVISION 8 34 For salaries, support, maintenance, capital 8 35 expenditures, miscellaneous purposes, and for not more 8 36 than the following full-time equivalent positions: 8 37 .................................................. $ 7,075,335 8 38 ............................................... FTEs 104.50 8 39 8. CAREER PATHWAYS PROGRAM 8 40 For purposes of developing and implementing a 8 41 career pathways program to expand opportunities for 8 42 youth and adults to become prepared for and succeed in 8 43 high-wage, high-skill employment: 8 44 .................................................. $ 650,000 8 45 Of the funds appropriated in this subsection, and 8 46 from funds available pursuant to section 256.39, 8 47 subsection 7, for each year during the fiscal period 8 48 beginning July 1, 1996, and ending June 30, 1998, 8 49 $50,000 may be expended for purposes of employing an 8 50 individual to administer and direct the career 9 1 pathways program. 9 2 Notwithstanding section 8.33, unobligated and 9 3 unencumbered money remaining on June 30, 1997, from 9 4 the allocation made in this subsection shall not 9 5 revert but shall be available for expenditure during 9 6 the following fiscal year. 9 7 9. VOCATIONAL EDUCATION TO SECONDARY SCHOOLS 9 8 For reimbursement for vocational education 9 9 expenditures made by secondary schools: 9 10 .................................................. $ 3,308,850 9 11 Funds allocated in this subsection shall be used 9 12 for expenditures made by school districts to meet the 9 13 standards set in sections 256.11, 258.4, and 260C.14 9 14 as a result of the enactment of 1989 Iowa Acts, 9 15 chapter 278. Funds shall be used as reimbursement for 9 16 vocational education expenditures made by secondary 9 17 schools in the manner provided by the department of 9 18 education for implementation of the standards set in 9 19 1989 Iowa Acts, chapter 278. 9 20 10. SCHOOL FOOD SERVICE 9 21 For use as state matching funds for federal 9 22 programs that shall be disbursed according to federal 9 23 regulations, including salaries, support, maintenance, 9 24 miscellaneous purposes, and for not more than the 9 25 following full-time equivalent positions: 9 26 .................................................. $ 2,716,859 9 27 ............................................... FTEs 14.00 9 28 11. TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS 9 29 To provide funds for costs of providing textbooks 9 30 to each resident pupil who attends a nonpublic school 9 31 as authorized by section 301.1. The funding is 9 32 limited to $20 per pupil and shall not exceed the 9 33 comparable services offered to resident public school 9 34 pupils: 9 35 .................................................. $ 616,000 9 36 12. VOCATIONAL AGRICULTURE YOUTH ORGANIZATION 9 37 To assist a vocational agriculture youth 9 38 organization sponsored by the schools to support the 9 39 foundation established by that vocational agriculture 9 40 youth organization and for other youth activities: 9 41 .................................................. $ 107,900 9 42 13. FAMILY RESOURCE CENTERS 9 43 For support of the family resource center 9 44 demonstration program established under chapter 256C: 9 45 .................................................. $ 120,000 9 46 14. CENTER FOR ASSESSMENT 9 47 For the purpose of developing academic standards in 9 48 the areas of math, history, science, English, language 9 49 arts, and geography: 9 50 .................................................. $ 200,000 10 1 The department of education shall submit in a 10 2 report to the general assembly by January 1, 1997, the 10 3 amount of state funding anticipated to be needed to 10 4 fund the department's future participation with the 10 5 center for assessment and shall determine the number 10 6 of years participation is necessary. 10 7 15. COMMUNITY COLLEGES 10 8 Notwithstanding chapter 260D, if applicable, for 10 9 general state financial aid, including general 10 10 financial aid to merged areas in lieu of personal 10 11 property tax replacement payments under section 10 12 427A.13, to merged areas as defined in section 260C.2, 10 13 for vocational education programs in accordance with 10 14 chapters 258 and 260C: 10 15 .................................................. $126,006,270 10 16 The funds appropriated in this subsection shall be 10 17 allocated as follows: 10 18 a. Merged Area I ............................. $ 6,011,556 10 19 b. Merged Area II ............................ $ 7,088,572 10 20 c. Merged Area III ........................... $ 6,693,483 10 21 d. Merged Area IV ............................ $ 3,261,020 10 22 e. Merged Area V ............................. $ 6,820,986 10 23 f. Merged Area VI ............................ $ 6,321,009 10 24 g. Merged Area VII ........................... $ 9,016,757 10 25 h. Merged Area IX ............................ $ 11,055,518 10 26 i. Merged Area X ............................. $ 17,159,800 10 27 j. Merged Area XI ............................ $ 18,467,633 10 28 k. Merged Area XII ........................... $ 7,281,649 10 29 l. Merged Area XIII .......................... $ 7,447,594 10 30 m. Merged Area XIV ........................... $ 3,303,347 10 31 n. Merged Area XV ............................ $ 10,303,739 10 32 o. Merged Area XVI ........................... $ 5,773,608 10 33 Of the moneys allocated to merged area XI in 10 34 paragraph "j", for the fiscal year beginning July 1, 10 35 1996, and ending June 30, 1997, $135,000 shall be 10 36 expended on the career opportunity program established 10 37 in section 260C.29 to provide assistance to minority 10 38 persons who major in fields or subject areas where 10 39 minorities are currently underutilized. 10 40 By January 1, 1997, the department of education, in 10 41 consultation with the Iowa association of community 10 42 college trustees, shall submit recommendations for a 10 43 funding formula that identifies and addresses 10 44 community college needs. 10 45 Unless the board of directors of a community 10 46 college filed a dental hygiene program intent form 10 47 with the department of education by December 1, 1995, 10 48 the board shall not authorize the creation of a dental 10 49 hygienist program until after the adjournment of the 10 50 first regular session of the Seventy-seventh General 11 1 Assembly. 11 2 Sec. 7. The board of directors of each community 11 3 college shall submit to the department of education 11 4 and the legislative fiscal bureau, by August 15, 1996, 11 5 on forms designed by the department of education in 11 6 consultation with the community colleges, information 11 7 which shall include, but is not limited to, the 11 8 following: 11 9 1. The number of full-time and part-time students 11 10 enrolled in each program offered by the community 11 11 college, listed by program. 11 12 2. The number of and any appropriate demographic 11 13 information, including salaries of full-time and part- 11 14 time staff, relating to the faculty, administration, 11 15 and support personnel employed at each community 11 16 college. 11 17 3. The full-time equivalent total of persons 11 18 employed as identified in subsection 2. 11 19 4. Tuition charges, fees, and other costs payable 11 20 to the community college by a student. 11 21 5. The types of degrees granted by the community 11 22 college and the number of students receiving these 11 23 degrees. 11 24 6. The amounts of revenues and expenditures from 11 25 state financial aid, federal funds, tax levies, 11 26 projects authorized under chapters 260E and 260F, 11 27 tuition, bonds, other local sources, foundation 11 28 sources, and donations and gifts that may be accepted 11 29 by the governing board of a community college. 11 30 7. An inventory of buildings and facilities owned 11 31 and leased by the community college, and any related 11 32 operation and maintenance costs. 11 33 8. Infrastructure plans, which shall include, but 11 34 are not limited to, the amounts expended in the 11 35 current fiscal year on renovation and construction, 11 36 and any future plans and projected costs for 11 37 expansion. 11 38 The department of education may withhold from a 11 39 community college any state financial assistance 11 40 appropriated to the department for allocation to the 11 41 community college for the fiscal year beginning July 11 42 1, 1996, and ending June 30, 1997, if the community 11 43 college fails to substantially meet the requirements 11 44 of this section. 11 45 Sec. 8. Notwithstanding section 8.33 and 1995 Iowa 11 46 Acts, chapter 218, section 1, subsection 17, funds 11 47 appropriated and allocated for advanced placement 11 48 pursuant to 1995 Iowa Acts, chapter 218, section 1, 11 49 subsection 17, remaining unencumbered and unobligated 11 50 on June 30, 1996, shall not revert to the general fund 12 1 of the state but shall be distributed to the 12 2 department of education for the fiscal year beginning 12 3 July 1, 1996, and ending June 30, 1997, as follows: 12 4 1. The amount of $50,000 for participation by the 12 5 department of education in a state and national 12 6 project, the national assessment of education progress 12 7 (NAEP), to determine the academic achievement of Iowa 12 8 students in math, reading, science, United States 12 9 history, or geography. 12 10 2. The amount of $19,000 for purposes of providing 12 11 grants to support qualifying teams for a worldwide 12 12 academic competition. 12 13 If funds available from the specified source under 12 14 this section are insufficient to fully fund the 12 15 appropriations made in this section, the amounts 12 16 appropriated to the department for the purposes 12 17 specified under this section shall be reduced 12 18 proportionately. 12 19 Sec. 9. DEPARTMENT OF EDUCATION INTERIM MEETING. 12 20 It is the intent of the general assembly that the 12 21 chairpersons and ranking members of the joint 12 22 appropriations subcommittee on education, the 12 23 legislative fiscal bureau, and the legislative service 12 24 bureau meet with representatives from the 12 25 international center for gifted and talented education 12 26 and the first in the nation in education foundation 12 27 during the 1996 legislative interim period to 12 28 determine and recommend a permanent funding source and 12 29 the amount of funding needed to support the center and 12 30 the foundation. 12 31 Sec. 10. INTERNATIONAL CENTER FOR GIFTED AND 12 32 TALENTED EDUCATION. It is the intent of the general 12 33 assembly that the international center for gifted and 12 34 talented education fund the gifted and talented summer 12 35 institute during the fiscal year beginning July 1, 12 36 1996, from the moneys appropriated to the 12 37 international center for gifted and talented education 12 38 pursuant to section 257B.1A for the fiscal year 12 39 beginning July 1, 1996, and ending June 30, 1997. 12 40 Sec. 11. Notwithstanding section 257B.1A, 12 41 subsection 5, as amended by 1996 Iowa Acts, House File 12 42 570, and this Act, for the fiscal year beginning July 12 43 1, 1996, and ending June 30, 1997, 50 percent of the 12 44 interest remaining in the interest for Iowa schools 12 45 fund after the total of the transfer of moneys to the 12 46 first in the nation in education foundation pursuant 12 47 to section 257B.1A, subsection 2, and after the 12 48 transfer of moneys to the international center 12 49 endowment fund in section 257B.1A, subsection 3, 12 50 paragraph "a", shall, in addition, be transferred to 13 1 the international center endowment fund and the 13 2 remaining 50 percent, rather than become a part of the 13 3 interest for Iowa schools fund, shall be transferred 13 4 to the first in the nation in education foundation. 13 5 STATE BOARD OF REGENTS 13 6 Sec. 12. There is appropriated from the general 13 7 fund of the state to the state board of regents for 13 8 the fiscal year beginning July 1, 1996, and ending 13 9 June 30, 1997, the following amounts, or so much 13 10 thereof as may be necessary, to be used for the 13 11 purposes designated: 13 12 1. OFFICE OF STATE BOARD OF REGENTS 13 13 a. For salaries, support, maintenance, 13 14 miscellaneous purposes, and for not more than the 13 15 following full-time equivalent positions: 13 16 .................................................. $ 1,137,417 13 17 ............................................... FTEs 15.63 13 18 If the moneys provided in this lettered paragraph 13 19 are augmented by reimbursements from the institutions 13 20 under the control of the state board of regents for 13 21 the funding of the office of the state board of 13 22 regents, the office shall report quarterly such 13 23 reimbursements to the chairpersons and ranking members 13 24 of the joint appropriations subcommittee on education. 13 25 The board shall prepare a quarterly report, 13 26 regarding the board office budget and the 13 27 reimbursements provided to the board by the 13 28 institutions of higher learning under the control of 13 29 the board, which shall be submitted quarterly to the 13 30 general assembly and the legislative fiscal bureau. 13 31 b. For allocation by the state board of regents to 13 32 the state university of Iowa, the Iowa state 13 33 university of science and technology, and the 13 34 university of northern Iowa to reimburse the 13 35 institutions for deficiencies in their operating funds 13 36 resulting from the pledging of tuitions, student fees 13 37 and charges, and institutional income to finance the 13 38 cost of providing academic and administrative 13 39 buildings and facilities and utility services at the 13 40 institutions: 13 41 .................................................. $ 26,984,350 13 42 The state board of regents, the department of 13 43 management, and the legislative fiscal bureau shall 13 44 cooperate to determine and agree upon, by November 15, 13 45 1996, the amount that needs to be appropriated for 13 46 tuition replacement for the fiscal year beginning July 13 47 1, 1997. 13 48 c. For funds to be allocated to the southwest Iowa 13 49 graduate studies center: 13 50 .................................................. $ 104,156 14 1 d. For funds to be allocated to the siouxland 14 2 interstate metropolitan planning council for the 14 3 tristate graduate center under section 262.9, 14 4 subsection 21: 14 5 .................................................. $ 74,511 14 6 e. For funds to be allocated to the quad-cities 14 7 graduate studies center: 14 8 .................................................. $ 154,278 14 9 It is the intent of the general assembly that the 14 10 state board of regents explore options relating to 14 11 locating the graduate centers under its control within 14 12 the appropriate campuses of the community college 14 13 system, and that the board consider the benefits of 14 14 fully utilizing the Iowa communications network to 14 15 maximize efficiency. The board shall review options 14 16 regarding relocation of the centers and submit 14 17 recommendations to the legislative fiscal bureau and 14 18 the joint appropriations subcommittee on education by 14 19 January 1, 1997. 14 20 2. STATE UNIVERSITY OF IOWA 14 21 a. General university, including lakeside 14 22 laboratory 14 23 For salaries, support, maintenance, equipment, 14 24 miscellaneous purposes, and for not more than the 14 25 following full-time equivalent positions: 14 26 .................................................. $202,702,328 14 27 ............................................... FTEs 4,022.97 14 28 b. For the primary health care initiative in the 14 29 college of medicine and for not more than the 14 30 following full-time equivalent positions: 14 31 .................................................. $ 771,000 14 32 ............................................... FTEs 11.00 14 33 From the moneys appropriated in this lettered 14 34 paragraph, $330,000 shall be allocated to the 14 35 department of family practice at the state university 14 36 of Iowa college of medicine for family practice 14 37 faculty and support staff. 14 38 c. University hospitals 14 39 For salaries, support, maintenance, equipment, and 14 40 miscellaneous purposes and for medical and surgical 14 41 treatment of indigent patients as provided in chapter 14 42 255, for medical education, and for not more than the 14 43 following full-time equivalent positions: 14 44 .................................................. $ 29,452,383 14 45 ............................................... FTEs 5,701.67 14 46 The university of Iowa hospitals and clinics shall 14 47 submit quarterly a report regarding the portion of the 14 48 appropriation in this lettered paragraph expended on 14 49 medical education. The report shall be submitted in a 14 50 format jointly developed by the university of Iowa 15 1 hospitals and clinics, the legislative fiscal bureau, 15 2 and the department of management, and shall delineate 15 3 the expenditures and purposes of the funds. 15 4 Funds appropriated in this lettered paragraph shall 15 5 not be used to perform abortions except medically 15 6 necessary abortions, and shall not be used to operate 15 7 the early termination of pregnancy clinic except for 15 8 the performance of medically necessary abortions. For 15 9 the purpose of this lettered paragraph, an abortion is 15 10 the purposeful interruption of pregnancy with the 15 11 intention other than to produce a live-born infant or 15 12 to remove a dead fetus, and a medically necessary 15 13 abortion is one performed under one of the following 15 14 conditions: 15 15 (1) The attending physician certifies that 15 16 continuing the pregnancy would endanger the life of 15 17 the pregnant woman. 15 18 (2) The attending physician certifies that the 15 19 fetus is physically deformed, mentally deficient, or 15 20 afflicted with a congenital illness. 15 21 (3) The pregnancy is the result of a rape which is 15 22 reported within 45 days of the incident to a law 15 23 enforcement agency or public or private health agency 15 24 which may include a family physician. 15 25 (4) The pregnancy is the result of incest which is 15 26 reported within 150 days of the incident to a law 15 27 enforcement agency or public or private health agency 15 28 which may include a family physician. 15 29 (5) The abortion is a spontaneous abortion, 15 30 commonly known as a miscarriage, wherein not all of 15 31 the products of conception are expelled. 15 32 The total quota allocated to the counties for 15 33 indigent patients for the fiscal year beginning July 15 34 1, 1996, shall not be lower than the total quota 15 35 allocated to the counties for the fiscal year 15 36 commencing July 1, 1995. The total quota shall be 15 37 allocated among the counties on the basis of the 1990 15 38 census pursuant to section 255.16. 15 39 d. Psychiatric hospital 15 40 For salaries, support, maintenance, equipment, 15 41 miscellaneous purposes, for the care, treatment, and 15 42 maintenance of committed and voluntary public 15 43 patients, and for not more than the following full- 15 44 time equivalent positions: 15 45 .................................................. $ 7,225,868 15 46 ............................................... FTEs 307.05 15 47 e. Hospital-school 15 48 For salaries, support, maintenance, miscellaneous 15 49 purposes, and for not more than the following full- 15 50 time equivalent positions: 16 1 .................................................. $ 5,938,345 16 2 ............................................... FTEs 167.10 16 3 f. Oakdale campus 16 4 For salaries, support, maintenance, miscellaneous 16 5 purposes, and for not more than the following full- 16 6 time equivalent positions: 16 7 .................................................. $ 2,896,269 16 8 ............................................... FTEs 63.58 16 9 g. State hygienic laboratory 16 10 For salaries, support, maintenance, miscellaneous 16 11 purposes, and for not more than the following full- 16 12 time equivalent positions: 16 13 .................................................. $ 3,309,148 16 14 ............................................... FTEs 102.49 16 15 h. Family practice program 16 16 For allocation by the dean of the college of 16 17 medicine, with approval of the advisory board, to 16 18 qualified participants, to carry out chapter 148D for 16 19 the family practice program, including salaries and 16 20 support, and for not more than the following full-time 16 21 equivalent positions: 16 22 .................................................. $ 2,060,917 16 23 ............................................... FTEs 180.74 16 24 i. Child health care services 16 25 For specialized child health care services, 16 26 including childhood cancer diagnostic and treatment 16 27 network programs, rural comprehensive care for 16 28 hemophilia patients, and the Iowa high-risk infant 16 29 follow-up program, including salaries and support, and 16 30 for not more than the following full-time equivalent 16 31 positions: 16 32 .................................................. $ 464,274 16 33 ............................................... FTEs 10.60 16 34 j. Agricultural health and safety programs 16 35 For agricultural health and safety programs, and 16 36 for not more than the following full-time equivalent 16 37 positions: 16 38 .................................................. $ 253,213 16 39 ............................................... FTEs 3.48 16 40 k. Statewide cancer registry 16 41 For the statewide cancer registry, and for not more 16 42 than the following full-time equivalent positions: 16 43 .................................................. $ 195,167 16 44 ............................................... FTEs 3.07 16 45 l. Substance abuse consortium 16 46 For funds to be allocated to the Iowa consortium 16 47 for substance abuse research and evaluation, and for 16 48 not more than the following full-time equivalent 16 49 positions: 16 50 .................................................. $ 64,396 17 1 ............................................... FTEs 1.15 17 2 m. Center for biocatalysis 17 3 For the center for biocatalysis, and for not more 17 4 than the following full-time equivalent positions: 17 5 .................................................. $ 1,017,000 17 6 ............................................... FTEs 14.40 17 7 n. National advanced driving simulator 17 8 For the national advanced driving simulator, and 17 9 for not more than the following full-time equivalent 17 10 positions: 17 11 .................................................. $ 608,448 17 12 ............................................... FTEs 3.58 17 13 It is the intent of the general assembly that 17 14 fiscal year 1997-1998 shall be the last fiscal year in 17 15 which the general assembly appropriates funds for 17 16 purposes of the planning and construction of the 17 17 national advanced driving simulator. 17 18 o. Research park 17 19 For salaries, support, maintenance, equipment, 17 20 miscellaneous purposes, and for not more than the 17 21 following full-time equivalent positions: 17 22 .................................................. $ 321,000 17 23 ................................................FTEs 4.35 17 24 3. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY 17 25 a. General university 17 26 For salaries, support, maintenance, equipment, 17 27 miscellaneous purposes, and for not more than the 17 28 following full-time equivalent positions: 17 29 .................................................. $161,084,066 17 30 ............................................... FTEs 3,583.64 17 31 Of the funds appropriated in this lettered 17 32 paragraph, for the fiscal year beginning July 1, 1996, 17 33 and ending June 30, 1997, $40,000 shall be expended 17 34 for purposes of the institute of public leadership. 17 35 Of the funds appropriated in this lettered 17 36 paragraph, for the fiscal year beginning July 1, 1996, 17 37 and ending June 30, 1997, $1,700,000 shall be expended 17 38 for purposes of the healthy livestock program. 17 39 b. Agricultural experiment station 17 40 For salaries, support, maintenance, miscellaneous 17 41 purposes, and for not more than the following full- 17 42 time equivalent positions: 17 43 .................................................. $ 31,754,200 17 44 ............................................... FTEs 546.98 17 45 c. Cooperative extension service in agriculture 17 46 and home economics 17 47 For salaries, support, maintenance, miscellaneous 17 48 purposes, including salaries and support for the fire 17 49 service institute, and for not more than the following 17 50 full-time equivalent positions: 18 1 .................................................. $ 19,280,398 18 2 ............................................... FTEs 431.85 18 3 By January 1, 1997, Iowa state university of 18 4 science and technology shall submit a report 18 5 concerning the population served and each service 18 6 provided by the Iowa cooperative extension service in 18 7 agriculture and home economics to the chairpersons and 18 8 ranking members of the joint appropriations 18 9 subcommittee on education and the legislative fiscal 18 10 bureau. 18 11 d. Leopold center 18 12 For agricultural research grants at Iowa state 18 13 university under section 266.39B, and for not more 18 14 than the following full-time equivalent positions: 18 15 .................................................. $ 560,593 18 16 ............................................... FTEs 11.25 18 17 e. Livestock disease research 18 18 For deposit in and the use of the livestock disease 18 19 research fund under section 267.8, and for not more 18 20 than the following full-time equivalent positions: 18 21 .................................................. $ 276,022 18 22 ............................................... FTEs 3.17 18 23 f. Research park 18 24 For salaries, support, maintenance, miscellaneous 18 25 purposes, and for not more than the following full- 18 26 time equivalent positions: 18 27 .................................................. $ 370,000 18 28 ............................................... FTEs 4.31 18 29 4. UNIVERSITY OF NORTHERN IOWA 18 30 a. General university 18 31 For salaries, support, maintenance, equipment, 18 32 miscellaneous purposes, and for not more than the 18 33 following full-time equivalent positions: 18 34 .................................................. $ 72,083,159 18 35 ............................................... FTEs 1,425.50 18 36 b. Recycling and reuse center 18 37 .................................................. $ 239,745 18 38 c. Metal casting 18 39 .................................................. $ 160,000 18 40 5. STATE SCHOOL FOR THE DEAF 18 41 For salaries, support, maintenance, miscellaneous 18 42 purposes, and for not more than the following full- 18 43 time equivalent positions: 18 44 .................................................. $ 6,703,655 18 45 ............................................... FTEs 124.14 18 46 6. IOWA BRAILLE AND SIGHT SAVING SCHOOL 18 47 For salaries, support, maintenance, miscellaneous 18 48 purposes, and for not more than the following full- 18 49 time equivalent positions: 18 50 .................................................. $ 3,736,503 19 1 ............................................... FTEs 83.68 19 2 7. TUITION AND TRANSPORTATION COSTS 19 3 For payment to local school boards for the tuition 19 4 and transportation costs of students residing in the 19 5 Iowa braille and sight saving school and the state 19 6 school for the deaf pursuant to section 262.43 and for 19 7 payment of certain clothing and transportation costs 19 8 for students at these schools pursuant to section 19 9 270.5: 19 10 .................................................. $ 11,882 19 11 Sec. 13. If revenues received by the state board 19 12 of regents from indirect cost reimbursements, refunds 19 13 and reimbursements, interest, and other categories 19 14 within the general operating budgets of the 19 15 institutions of higher learning under the control of 19 16 the regents equal an amount greater than the original 19 17 budget approved by the regents board for the fiscal 19 18 year beginning July 1, 1996, and ending June 30, 1997, 19 19 the increase shall be used for building repair, 19 20 deferred maintenance, or fire safety at the respective 19 21 institutions of higher learning under the control of 19 22 the board, and shall not be used to increase budget 19 23 ceilings adopted by the regents board. 19 24 Sec. 14. Reallocations of sums received under 19 25 section 12, subsections 2, 3, 4, 5, and 6, of this 19 26 Act, including sums received for salaries, shall be 19 27 reported on a quarterly basis to the co-chairpersons 19 28 and ranking members of the legislative fiscal 19 29 committee and the joint appropriations subcommittee on 19 30 education. 19 31 Sec. 15. It is the intent of the general assembly 19 32 that $328,155 of the money appropriated to the 19 33 university of northern Iowa for the fiscal year 19 34 beginning July 1, 1996, and ending June 30, 1997, in 19 35 1996 Iowa Acts, Senate File 2195, section 3, if 19 36 enacted, shall be treated by the department of 19 37 management in the same manner as the money 19 38 appropriated under the general university category for 19 39 the university of northern Iowa in section 12, 19 40 subsection 4, paragraph "a", of this Act. 19 41 Sec. 16. Notwithstanding section 8.33, funds 19 42 appropriated in 1995 Iowa Acts, chapter 218, section 19 43 6, subsection 1, paragraph "b", remaining unencumbered 19 44 or unobligated on June 30, 1996, shall not revert to 19 45 the general fund of the state but shall be available 19 46 for expenditure for the purposes listed in section 12, 19 47 subsection 1, paragraph "b", of this Act during the 19 48 fiscal year beginning July 1, 1996, and ending June 19 49 30, 1997. 19 50 Sec. 17. MEDICAL ASSISTANCE – SUPPLEMENTAL 20 1 AMOUNTS. For the fiscal year beginning July 1, 1996, 20 2 and ending June 30, 1997, the department of human 20 3 services shall continue the supplemental 20 4 disproportionate share and a supplemental indirect 20 5 medical education adjustment applicable to state-owned 20 6 acute care hospitals with more than 500 beds and shall 20 7 reimburse qualifying hospitals pursuant to that 20 8 adjustment with a supplemental amount for services 20 9 provided medical assistance recipients. The 20 10 adjustment shall generate supplemental payments 20 11 intended to equal the state appropriation made to a 20 12 qualifying hospital for treatment of indigent patients 20 13 as provided in chapter 255. To the extent of the 20 14 supplemental payments, a qualifying hospital shall, 20 15 after receipt of the funds, transfer to the department 20 16 of human services an amount equal to the actual 20 17 supplemental payments that were made in that month. 20 18 The aggregate amounts for the fiscal year shall not 20 19 exceed the state appropriation made to the qualifying 20 20 hospital for treatment of indigent patients as 20 21 provided in chapter 255. The department of human 20 22 services shall deposit the portion of these funds 20 23 equal to the state share in the department's medical 20 24 assistance account and the balance shall be credited 20 25 to the general fund of the state. To the extent that 20 26 state funds appropriated to a qualifying hospital for 20 27 the treatment of indigent patients as provided in 20 28 chapter 255 have been transferred to the department of 20 29 human services as a result of these supplemental 20 30 payments made to the qualifying hospital, the 20 31 department shall not, directly or indirectly, recoup 20 32 the supplemental payments made to a qualifying 20 33 hospital for any reason, unless an equivalent amount 20 34 of the funds transferred to the department of human 20 35 services by a qualifying hospital pursuant to this 20 36 provision is transferred to the qualifying hospital by 20 37 the department. 20 38 If the state supplemental amount allotted to the 20 39 state of Iowa for the federal fiscal year beginning 20 40 October 1, 1996, and ending September 30, 1997, 20 41 pursuant to section 1923 (f)(3) of the federal Social 20 42 Security Act, as amended, or pursuant to federal 20 43 payments for indirect medical education is greater 20 44 than the amount necessary to fund the federal share of 20 45 the supplemental payments specified in the preceding 20 46 paragraph, the department of human services shall 20 47 increase the supplemental disproportionate share or 20 48 supplemental indirect medical education adjustment by 20 49 the lesser of the amount necessary to utilize fully 20 50 the state supplemental amount or the amount of state 21 1 funds appropriated to the state university of Iowa 21 2 general education fund and allocated to the university 21 3 for the college of medicine. The state university of 21 4 Iowa shall transfer from the allocation for the 21 5 college of medicine to the department of human 21 6 services, on a monthly basis, an amount equal to the 21 7 additional supplemental payments made during the 21 8 previous month pursuant to this paragraph. A 21 9 qualifying hospital receiving supplemental payments 21 10 pursuant to this paragraph that are greater than the 21 11 state appropriation made to the qualifying hospital 21 12 for treatment of indigent patients as provided in 21 13 chapter 255 shall be obligated as a condition of its 21 14 participation in the medical assistance program to 21 15 transfer to the state university of Iowa general 21 16 education fund on a monthly basis an amount equal to 21 17 the funds transferred by the state university of Iowa 21 18 to the department of human services. To the extent 21 19 that state funds appropriated to the state university 21 20 of Iowa and allocated to the college of medicine have 21 21 been transferred to the department of human services 21 22 as a result of these supplemental payments made to the 21 23 qualifying hospital, the department shall not, 21 24 directly or indirectly, recoup these supplemental 21 25 payments made to a qualifying hospital for any reason, 21 26 unless an equivalent amount of the funds transferred 21 27 to the department of human services by the state 21 28 university of Iowa pursuant to this paragraph is 21 29 transferred to the qualifying hospital by the 21 30 department. 21 31 Continuation of the supplemental disproportionate 21 32 share and supplemental indirect medical education 21 33 adjustment shall preserve the funds available to the 21 34 university hospital for medical and surgical treatment 21 35 of indigent patients as provided in chapter 255 and to 21 36 the state university of Iowa for educational purposes 21 37 at the same level as provided by the state funds 21 38 initially appropriated for that purpose. 21 39 The department of human services shall, in any 21 40 compilation of data or other report distributed to the 21 41 public concerning payments to providers under the 21 42 medical assistance program, set forth reimbursements 21 43 to a qualifying hospital through the supplemental 21 44 disproportionate share and supplemental indirect 21 45 medical education adjustment as a separate item and 21 46 shall not include such payments in the amounts 21 47 otherwise reported as the reimbursement to a 21 48 qualifying hospital for services to medical assistance 21 49 recipients. 21 50 For purposes of this section, "supplemental 22 1 payment" means a supplemental payment amount paid for 22 2 medical assistance to a hospital qualifying for that 22 3 payment under this section. 22 4 Sec. 18. For the fiscal year beginning July 1, 22 5 1996, and ending June 30, 1997, the state board of 22 6 regents may use notes, bonds, or other evidences of 22 7 indebtedness issued under section 262.48 to finance 22 8 projects that will result in energy cost savings in an 22 9 amount that will cause the state board to recover the 22 10 cost of the projects within an average of six years. 22 11 Sec. 19. Notwithstanding section 270.7, the 22 12 department of revenue and finance shall pay the state 22 13 school for the deaf and the Iowa braille and sight 22 14 saving school the moneys collected from the counties 22 15 during the fiscal year beginning July 1, 1996, for 22 16 expenses relating to prescription drug costs for 22 17 students attending the state school for the deaf and 22 18 the Iowa braille and sight saving school. 22 19 Sec. 20. Section 11.6, subsection 1, paragraph a, 22 20 unnumbered paragraph 1, Code 1995, is amended to read 22 21 as follows: 22 22 The financial condition and transactions of all 22 23 cities and city offices, counties, county hospitals 22 24 organized under chapters 347 and 347A, memorial 22 25 hospitals organized under chapter 37, entities 22 26 organized under chapter 28E having gross receipts in 22 27 excess of one hundred thousand dollars in a fiscal 22 28 year, merged areas, area education agencies, and all 22 29 school offices in school districts, shall be examined 22 30 at least once each year, except that cities having a 22 31 population of seven hundred or more but less than two 22 32 thousand shall be examined at least once every four 22 33 years, and cities having a population of less than 22 34 seven hundred may be examined as otherwise provided in 22 35 this section. The examination shall cover the fiscal 22 36 year next preceding the year in which the audit is 22 37 conducted. The examination of school offices shall 22 38 include an audit of all school funds, the certified 22 39 annual financial report, and the certified enrollment 22 40 as provided in section 257.6.Examinations of22 41community colleges shall include an audit of eligible22 42and noneligible contact hours as defined in section22 43260D.2. Eligible and noneligible contact hours and22 44any differencesDifferences in certified enrollment 22 45 shall be reported to the department of management. 22 46 Sec. 21. Section 256.52, subsections 1 and 2, Code 22 47 1995, are amended to read as follows: 22 48 1. The state commission of libraries consists of 22 49 one member appointed by the supreme court, the 22 50 director of the department of education, or the 23 1 director's designee, and six members appointed by the 23 2 governor to serve four-year terms beginning and ending 23 3 as provided in section 69.19. Of the governor's 23 4 appointees, one member shall be from the medical 23 5 profession and five members selected at large. Not 23 6 more than three of the members appointed by the 23 7 governor shall be of the same gender. The members 23 8 shall be reimbursed for their actual expenditures 23 9 necessitated by their official duties. Members may 23 10 also be eligible for compensation as provided in 23 11 section 7E.6. 23 12 2. The commission shall elect one of its members 23 13 as chairperson. The commission shall meet at the time 23 14 and place specified by call of the chairperson.Four23 15 Five members are a quorum for the transaction of 23 16 business. 23 17 Sec. 22. Section 257.31, subsection 16, Code 1995, 23 18 is amended to read as follows: 23 19 16. The committee shall perform the duties 23 20 assigned to it underchapter 260D and sectionsections 23 21 257.32 and 260C.18B. 23 22 Sec. 23. Section 257B.1A, subsections 2 through 4, 23 23 if enacted by 1996 Iowa Acts, House File 570, are 23 24 amended to read as follows: 23 25 2. For a transfer of moneys from the interest for 23 26 Iowa schools fund to the first in the nation in 23 27 education foundation, prior to July 1, October 1, 23 28 January 1, and March 1 of each year, the governing 23 29 board of the first in the nation in education 23 30 foundation established in section 257A.2 shall certify 23 31 to the treasurer of state the cumulative total value 23 32 of cash contributions received under section 257A.7 23 33 for deposit in the first in the nation in education 23 34 fund and for the use of the foundation.The value of23 35in-kind contributions shall be based upon the fair23 36market value of the contribution determined for income23 37tax purposes.23 38 The portion of the permanent school fund that is 23 39 equal to the cumulative total value of cash 23 40 contributions, less the portion of the permanent 23 41 school fund dedicated to the international center for 23 42 gifted and talented education, is dedicated to the 23 43 first in the nation in education foundation for that 23 44 year. The interest earned on this dedicated amount 23 45 shall be transferred by the treasurer of state to the 23 46 credit of the first in the nation in education 23 47 foundation. 23 48 3. a. For a transfer of moneys from the interest 23 49 for Iowa schools fund to the international center 23 50 endowment fund established in section 263.8A, prior to 24 1 July 1, October 1, January 1, and March 1 of each 24 2 year, the state university of Iowa shall certify to 24 3 the treasurer of state the cumulative total value of 24 4 cash contributions received and deposited in the 24 5 international center endowment fund. Within fifteen 24 6 days following certification by the state university 24 7 of Iowa, the treasurer of state shall transfer from 24 8 the interest for Iowa schools fund to the 24 9 international center an amount equal to the amount of 24 10 interest earned on the portion of the permanent school 24 11 fund that is equal to one-half the cumulative total 24 12 value of the cash contributions deposited in the 24 13 international center endowment fund, not to exceed 24 14 eight hundred seventy-five thousand dollars. 24 15 b. However, if prior to July 1, 1998, the general 24 16 assembly appropriates moneys for the international 24 17 center endowment fund established in section 263.8A in 24 18 an aggregate amount equal to eight hundred seventy- 24 19 five thousand dollars, the transfer of the interest 24 20 earned based upon the cumulative value of cash 24 21 contributions equal to one million seven hundred fifty 24 22 thousand dollars deposited in the international center 24 23 endowment fund on July 1, 1995, is no longer required 24 24 under this section. If, on or after July 1, 1998, the 24 25 general assembly appropriates moneys for the 24 26 international center endowment fund in an aggregate 24 27 amount equal to six hundred seventy-five thousand 24 28 dollars, the transfer of interest earned based upon 24 29 the cumulative value of cash contributions equal to 24 30 one million three hundred fifty thousand dollars 24 31 deposited in the international center endowment fund 24 32 between July 1, 1995, and June 30, 1998, is no longer 24 33 required under this section. 24 34 4. In addition to the moneys transferred pursuant 24 35 to subsection 3, paragraph "a", effective on the date 24 36 on which the cumulative total value of cash 24 37 contributions deposited in the international center 24 38 endowment fund between July 1, 1995, and June 30, 24 39 1998, equals or exceeds one million three hundred 24 40 fifty thousand dollars, and annually thereafter, the 24 41 treasurer of state shall transfer moneys from the 24 42 interest for Iowa schools fund to the international 24 43 center endowment fund in an amount equal to the 24 44 interest earned on six hundred seventy-five thousand 24 45 dollars in the permanent school fund. 24 46 Sec. 24. Section 260C.2, Code 1995, is amended by 24 47 adding the following new subsection: 24 48 NEW SUBSECTION. 2A. "Instructional cost center" 24 49 means one of the following areas of course offerings 24 50 of the community colleges: 25 1 a. Arts and sciences cost center. 25 2 b. Vocational-technical preparatory cost center. 25 3 c. Vocational-technical supplementary cost center. 25 4 d. Adult basic education and high school 25 5 completion cost center. 25 6 e. Continuing and general education cost center. 25 7 Sec. 25. Section 260C.4, subsection 4, paragraph 25 8 h, Code 1995, is amended to read as follows: 25 9 h. This subsection is void and shall be stricken 25 10 from the Code effective June 30,19951998, except as 25 11 provided in section 260C.47. 25 12 Sec. 26. Section 260C.14, Code 1995, is amended by 25 13 adding the following new subsection: 25 14 NEW SUBSECTION. 22. Provide, within a reasonable 25 15 time, information as requested by the departments of 25 16 management and education. 25 17 Sec. 27. Section 260C.18, subsection 4, Code 1995, 25 18 is amended to read as follows: 25 19 4. State aid and supplemental state aid to be paid 25 20 in accordance with the statutes which provide such 25 21 aid. 25 22 Sec. 28. NEW SECTION. 260C.18A STATE AID. 25 23 For the fiscal year beginning July 1, 1996, and for 25 24 each succeeding fiscal year, moneys appropriated by 25 25 the general assembly from the general fund of the 25 26 state to the department of education for community 25 27 college purposes for general state financial aid, 25 28 including general financial aid to merged areas in 25 29 lieu of personal property tax replacement payments 25 30 under section 427A.13, to merged areas as defined in 25 31 section 260C.2, and for vocational education programs 25 32 in accordance with chapters 258 and 260C, for a fiscal 25 33 year, shall be allocated to each community college by 25 34 the department of education in the proportion that the 25 35 allocation to that community college in 1995 Iowa 25 36 Acts, chapter 218, section 1, subsection 19, bears to 25 37 the total appropriation made in 1995 Iowa Acts, 25 38 chapter 218, section 1, subsection 19. 25 39 Sec. 29. NEW SECTION. 260C.18B COMMUNITY COLLEGE 25 40 BUDGET REVIEW. 25 41 1. A community college budget review procedure is 25 42 established for the school budget review committee 25 43 created in section 257.30. The school budget review 25 44 committee, in addition to its duties under chapter 25 45 257, shall meet and hold hearings each year under this 25 46 chapter to review unusual circumstances of community 25 47 colleges, either upon the committee's motion or upon 25 48 the request of a community college. The committee may 25 49 grant supplemental state aid to the community college 25 50 from funds appropriated to the department of education 26 1 for community college budget review purposes. 26 2 Unusual circumstances shall include but not be 26 3 limited to the following: 26 4 a. An unusual increase or decrease in enrollment 26 5 or contact hours. 26 6 b. Natural disasters. 26 7 c. Unusual staffing problems. 26 8 d. Unusual necessity for additional funds to 26 9 permit continuance of a course or program in an 26 10 instructional cost center which provides substantial 26 11 benefit to students. 26 12 e. Unusual need for a new course or program in an 26 13 instructional cost center which will provide 26 14 substantial benefit to students, if the community 26 15 college establishes the need and the amount of 26 16 necessary increased cost. 26 17 f. Unique problems of community colleges to 26 18 include vandalism, civil disobedience, and other costs 26 19 incurred by community colleges. 26 20 2. When the school budget review committee makes a 26 21 decision under subsection 1, it shall provide written 26 22 notice of its decision, including the amount of 26 23 supplemental state aid approved, to the board of 26 24 directors of the community college and to the 26 25 department of education. 26 26 3. All decisions by the school budget review 26 27 committee under this chapter shall be made in 26 28 accordance with reasonable and uniform policies which 26 29 shall be consistent with this chapter. 26 30 4. Failure by a community college to provide 26 31 information or appear before the school budget review 26 32 committee as requested for the accomplishment of 26 33 review or hearing constitutes justification for the 26 34 committee to instruct the department of revenue and 26 35 finance to withhold supplemental state aid to that 26 36 community college until the committee's inquiries are 26 37 satisfied completely. 26 38 Sec. 30. Section 260C.22, Code 1995, is amended by 26 39 adding the following new subsection: 26 40 NEW SUBSECTION. 4. The board of directors of any 26 41 merged area that failed to certify for levy under 26 42 subsection 3 by March 15, 1982, and March 15, 1983, 26 43 may certify for levy by April 15, 1997, and April 15, 26 44 1998, a tax on taxable property in the merged area at 26 45 rates that will provide total revenues for the two 26 46 years equal to five percent of the area school's 26 47 general fund expenditures for the fiscal year ending 26 48 June 30, 1995, in order to provide a cash reserve for 26 49 that area school. As nearly as possible, one-half the 26 50 revenue for the cash reserve fund shall be collected 27 1 during each year. 27 2 The revenues derived from the levies shall be 27 3 placed in a separate cash reserve fund. 27 4 Notwithstanding subsection 3, moneys from the cash 27 5 reserve fund established by a merged area under 27 6 subsection 3 or this subsection shall be used only to 27 7 alleviate temporary cash shortages and for the 27 8 acquisition, lease, lease-purchase, installation, and 27 9 maintenance of instructional technology equipment, 27 10 including hardware and software, materials and 27 11 supplies, and staff development and training related 27 12 to instructional technology. If moneys from the cash 27 13 reserve fund are used to alleviate a temporary cash 27 14 shortage, the cash reserve fund shall be reimbursed 27 15 immediately from the general fund of the community 27 16 college as funds in the general fund become available, 27 17 but in no case later than June 30 of the current 27 18 fiscal year, to repay the funds taken from the cash 27 19 reserve fund. 27 20 Sec. 31. Section 260C.29, subsection 3, Code 27 21 Supplement 1995, is amended by adding the following 27 22 new paragraphs: 27 23 NEW PARAGRAPH. f. Contract with other community 27 24 colleges to expand the availability of program 27 25 services and increase the number of students served by 27 26 the program. 27 27 NEW PARAGRAPH. g. Establish a separate account, 27 28 which shall consist of all appropriations, grants, 27 29 contributions, bequests, endowments, or other moneys 27 30 or gifts received specifically for purposes of the 27 31 program by the community college administering the 27 32 program as provided in subsection 2. Not less than 27 33 eighty percent of the funds received from state 27 34 appropriations for purposes of the program shall be 27 35 used for purposes of assistance to students as 27 36 provided in subsection 5. 27 37 Sec. 32. Section 260C.34, Code 1995, is amended to 27 38 read as follows: 27 39 260C.34 USES OF FUNDS. 27 40 Funds obtained pursuant to section 260C.17; section 27 41 260C.18, subsections 3, 4, and 5of section 260C.18; 27 42sectionand sections 260C.18A, 260C.18B, 260C.19;, and 27 43section260C.22 shall not be used for the construction 27 44 or maintenance of athletic buildings or grounds but 27 45 may be used for a project under section 260C.56. 27 46 Sec. 33. Section 260C.39, unnumbered paragraph 5, 27 47 Code 1995, is amended to read as follows: 27 48 The terms of employment of personnel, for the 27 49 academic year following the effective date of the 27 50 agreement to combine the merged areas shall not be 28 1 affected by the combination of the merged areas, 28 2 except in accordance with the procedures under 28 3 sections 279.15 to 279.18 and section 279.24, to the 28 4 extent those procedures are applicable, or under the 28 5 terms of the base bargaining agreement. The authority 28 6 and responsibility to offer new contracts or to 28 7 continue, modify, or terminate existing contracts 28 8 pursuant to any applicable procedures under chapter 28 9 279, shall be transferred to the acting, and then to 28 10 the new, board of the combined merged area upon 28 11 certification of a favorable vote to each of the 28 12 merged areas affected by the agreement. The 28 13 collective bargaining agreement of the merged area 28 14with the largest number of contact hours eligible for28 15 receiving the greatest amount of general state aid, as28 16defined under section 260D.2,shall serve as the base 28 17 agreement for the combined merged area and the 28 18 employees of the merged areas which combined to form 28 19 the new combined merged area shall automatically be 28 20 accreted to the bargaining unit from that former 28 21 merged area for purposes of negotiating the contracts 28 22 for the following years without further action by the 28 23 public employment relations board. If only one 28 24 collective bargaining agreement is in effect among the 28 25 merged areas which are combining under this section, 28 26 then that agreement shall serve as the base agreement, 28 27 and the employees of the merged areas which are 28 28 combining to form the new combined merged area shall 28 29 automatically be accreted to the bargaining unit of 28 30 that former merged area for purposes of negotiating 28 31 the contracts for the following years without further 28 32 action by the public employment relations board. The 28 33 board of the combined merged area, using the base 28 34 agreement as its existing contract, shall bargain with 28 35 the combined employees of the merged areas that have 28 36 agreed to combine for the academic year beginning with 28 37 the effective date of the agreement to combine merged 28 38 areas. The bargaining shall be completed by March 15 28 39 prior to the academic year in which the agreement to 28 40 combine merged areas becomes effective or within one 28 41 hundred eighty days after the organization of the 28 42 acting board of the new combined merged area, 28 43 whichever is later. If a bargaining agreement was 28 44 already concluded in the former merged area which has 28 45 the collective bargaining agreement that is serving as 28 46 the base agreement for the new combined merged area, 28 47 between the former merged area board and the employees 28 48 of the former merged area, that agreement is void, 28 49 unless the agreement contained multiyear provisions 28 50 affecting academic years subsequent to the effective 29 1 date of the agreement to form a combined merged area. 29 2 If the base collective bargaining agreement contains 29 3 multiyear provisions, the duration and effect of the 29 4 agreement shall be controlled by the terms of the 29 5 agreement. The provisions of the base agreement shall 29 6 apply to the offering of new contracts, or the 29 7 continuation, modification, or termination of existing 29 8 contracts between the acting or new board of the 29 9 combined merged area and the combined employees of the 29 10 new combined merged area. 29 11 Sec. 34. Section 260C.47, subsection 1, unnumbered 29 12 paragraph 1, Code 1995, is amended to read as follows: 29 13 The state board of education shall establish an 29 14 accreditation process for community college programs 29 15 by July 1,19941997. The process shall be jointly 29 16 developed and agreed upon by the department of 29 17 education and the community colleges. The state 29 18 accreditation process shall be integrated with the 29 19 accreditation process of the north central association 29 20 of colleges and schools, including the evaluation 29 21 cycle, the self-study process, and the criteria for 29 22 evaluation, which shall incorporate the standards for 29 23 community colleges developed under section 260C.48; 29 24 and shall identify and make provision for the needs of 29 25 the state that are not met by the association's 29 26 accreditation process. If a joint agreement has not 29 27 been reached by July 1,19941997, the approval 29 28 process provided under section 260C.4, subsection 4, 29 29 shall remain the required accreditation process for 29 30 community colleges. For the academic year commencing 29 31 July 1,19951998, and in succeeding school years, the 29 32 department of education shall use a two-component 29 33 process for the continued accreditation of community 29 34 college programs. 29 35 Sec. 35. NEW SECTION. 260C.49 RULES. 29 36 The department of education shall adopt rules and 29 37 definitions of terms necessary for the administration 29 38 of this chapter. The school budget review committee 29 39 shall adopt rules under chapter 17A to carry out 29 40 section 260C.18B. 29 41 Sec. 36. Section 261.12, subsection 1, paragraph 29 42 b, Code Supplement 1995, is amended to read as 29 43 follows: 29 44 b. For the fiscal year beginning July 1,199529 45 1996, and for each following fiscal year,twothree 29 46 thousandnineone hundred fifty dollars. 29 47 Sec. 37. NEW SECTION. 261.21 NATIONAL GUARD 29 48 TUITION AID PROGRAM. 29 49 1. Subject to an appropriation of sufficient funds 29 50 by the general assembly, a member of the national 30 1 guard who meets the eligibility requirements of this 30 2 subsection is entitled to attend and pursue any 30 3 undergraduate course of study at a community college 30 4 as defined in chapter 260C, or an institution of 30 5 higher learning under the control of the state board 30 6 of regents upon the payment by the member personally 30 7 of fifty percent of the tuition charged by the 30 8 community college or institution of higher learning. 30 9 The remaining tuition shall be paid by the college 30 10 student aid commission from funds appropriated by the 30 11 general assembly. To be eligible for tuition aid 30 12 under this section, a national guard member shall meet 30 13 the following conditions: 30 14 a. Be a resident of the state and a member of an 30 15 Iowa army or air national guard unit throughout each 30 16 semester or duration of the vocational program for 30 17 which the member has applied for benefits. 30 18 b. Have satisfactorily completed required initial 30 19 active duty training. 30 20 c. Have maintained satisfactory performance of 30 21 duty upon return from initial active duty training, 30 22 including attending a minimum ninety percent of 30 23 scheduled drill dates and attending annual training. 30 24 d. Have satisfactorily met the entrance 30 25 requirements for admission to a community college, or 30 26 institution of higher learning under the control of 30 27 the state board of regents, and maintain satisfactory 30 28 academic progress. 30 29 e. Have provided proper notice of national guard 30 30 status to the community college or institution at the 30 31 time of registration for the term in which tuition 30 32 benefits are sought. 30 33 f. Apply to the adjutant general of Iowa, who 30 34 shall determine eligibility and whose decision is 30 35 final. 30 36 2. Participation in the tuition aid program by an 30 37 accredited private institution, as defined in section 30 38 261.9, is voluntary. Subject to an appropriation of 30 39 sufficient funds by the general assembly, a member of 30 40 the Iowa national guard who meets the eligibility 30 41 requirements of subsection 1, except for subsection 1, 30 42 paragraph "d", is entitled to attend and pursue any 30 43 undergraduate course of study at any participating 30 44 accredited private institution, as defined in section 30 45 261.9, upon admission to the institution and payment 30 46 of tuition less an amount equal to fifty percent of 30 47 the resident tuition rate established for institutions 30 48 of higher learning under the control of the state 30 49 board of regents. The remaining tuition, not to 30 50 exceed fifty percent of the resident tuition rate for 31 1 a regents university, shall be paid by the college 31 2 student aid commission from funds appropriated by the 31 3 general assembly. 31 4 3. An eligible member of the national guard, 31 5 attending an educational institution as a full-time 31 6 student, shall not receive tuition aid under this 31 7 section for more than eight semesters, or if attending 31 8 as a part-time student, not more than sixteen 31 9 semesters of undergraduate study, or the trimester or 31 10 quarter equivalent. A guard member who has met the 31 11 educational requirements for a baccalaureate degree is 31 12 ineligible for tuition aid under this section. 31 13 4. The eligibility of applicants shall be 31 14 certified by the adjutant general of Iowa to the 31 15 college student aid commission, and all amounts that 31 16 are or become due to a community college, accredited 31 17 private institution, or institution of higher learning 31 18 under the control of the state board of regents under 31 19 this section shall be paid to the college or 31 20 institution by the college student aid commission upon 31 21 receipt of certification by the president or governing 31 22 board of the educational institution as to accuracy of 31 23 charges made, and as to the attendance of the 31 24 individual at the educational institution. The 31 25 college student aid commission shall maintain an 31 26 annual record of the number of participants and the 31 27 tuition dollar value of the participation. 31 28 5. The college student aid commission shall adopt 31 29 rules pursuant to chapter 17A to administer this 31 30 section. 31 31 Sec. 38. Section 261.25, subsections 1 and 3, Code 31 32 Supplement 1995, are amended to read as follows: 31 33 1. There is appropriated from the general fund of 31 34 the state to the commission for each fiscal year the 31 35 sum ofthirty-fivethirty-eight million six hundred 31 36 sixty-four thousand seven hundred fifty dollars for 31 37 tuition grants. 31 38 3. There is appropriated from the general fund of 31 39 the state to the commission for each fiscal year the 31 40 sum of one millionfoursix hundredtwenty-foureight 31 41 thousandseventwo hundredeightyfifty-seven dollars 31 42 for vocational-technical tuition grants. 31 43 Sec. 39. Section 261.48, unnumbered paragraph 4, 31 44 Code 1995, is amended by striking the unnumbered 31 45 paragraph. 31 46 Sec. 40. Section 261C.6, subsection 2, unnumbered 31 47 paragraph 2, Code 1995, is amended to read as follows: 31 48 A pupil is not eligible to enroll on a full-time 31 49 basis in an eligible postsecondary institution and 31 50 receive payment for all courses in which a student is 32 1 enrolled.If an eligible postsecondary institution is32 2a community college established under chapter 260C,32 3the contact hours of a pupil for which a tuition32 4reimbursement amount is received are not contact hours32 5eligible for general aid under chapter 260D.32 6 Sec. 41. Section 262.9, subsection 4, unnumbered 32 7 paragraph 1, Code Supplement 1995, is amended to read 32 8 as follows: 32 9 Manage and control the property, both real and 32 10 personal, belonging to the institutions. The board 32 11 shall purchase or require the purchase of, when the 32 12 price is reasonably competitive and the quality as 32 13 intended,and in keeping with the schedule established32 14in this subsection,soybean-based inksand plastic32 15products with recycled content, including but not32 16limited to plastic garbage can liners.For purposes32 17of this subsection, "recycled content" means that the32 18content of the product contains a minimum of thirty32 19percent postconsumer material.All inks purchased 32 20 that are used internally or are contracted for by the 32 21 board shall be soybean-based to the extent 32 22 formulations for such inks are available. 32 23 Sec. 42. Section 262.9, subsection 4, paragraphs 32 24 a, b, and c, Code Supplement 1995, are amended by 32 25 striking the paragraphs. 32 26 Sec. 43. Section 262.9, subsection 10, Code 32 27 Supplement 1995, is amended by striking the 32 28 subsection. 32 29 Sec. 44. Section 262.9, Code Supplement 1995, is 32 30 amended by adding the following new subsection: 32 31 NEW SUBSECTION. 30. By January 1 annually, submit 32 32 a report to the general assembly and the legislative 32 33 fiscal bureau on the facilities overhead use allowance 32 34 and the amount of building and equipment use 32 35 allowances of the overall indirect cost recovery on 32 36 federally sponsored research programs. The report 32 37 shall include the individual institutional policies of 32 38 distribution of the federal facilities overhead use 32 39 allowance within each institution of higher learning 32 40 under the control of the board, and shall be in a 32 41 format agreed to by the board and the legislative 32 42 fiscal bureau. 32 43 Sec. 45. Section 262.34A, Code 1995, is amended to 32 44 read as follows: 32 45 262.34A BID REQUESTS. 32 46 The state board of regents shall request bids and 32 47 proposals for materials, products, supplies, 32 48 provisions, and other needed articles to be purchased 32 49 at public expense, from Iowa state industries as 32 50 defined in section 904.802, subsection 2, when the 33 1 articles are available in the requested quantity and 33 2 at comparable prices and quality. The exceptions 33 3 provided under section 904.808, subsection 1, shall 33 4 not apply to the state board of regents. 33 5 Sec. 46. Section 272.2, subsection 15, if enacted 33 6 by 1996 Iowa Acts, House File 455, is amended to read 33 7 as follows: 33 8 15. Adopt rules that require specificity in 33 9 written complaints that are filed by individuals who 33 10 have personal knowledge of an alleged violation and 33 11 which are accepted by the board, provide that the 33 12 jurisdictional requirements as set by the board in 33 13 administrative rule are met on the face of the 33 14 complaint before initiating an investigation of 33 15 allegations, provide that before initiating an 33 16 investigation of allegations, provide that any 33 17 investigation be limited to the allegations contained 33 18 on the face of the complaint, provide for an adequate 33 19 interval between the receipt of a complaint and public 33 20 notice of the complaint, permit parties to a complaint 33 21 to mutually agree to a resolution of the complaint 33 22 filed with the board, allow the respondent the right 33 23 to review any investigative reportfor accuracy with33 24its author prior to the submission of the report to33 25 upon a finding of probable cause for further action by 33 26 the board, require that the conduct providing the 33 27 basis for the complaint occurred within three years of 33 28the filingdiscovery of thecomplaintevent by the 33 29 complainant unless good cause can be shown for an 33 30 extension of this limitation, and require complaints 33 31 to be resolved within one hundred eighty days unless 33 32 good cause can be shown for an extension of this 33 33 limitation. 33 34 Sec. 47. Section 273.3, subsection 12, Code 1995, 33 35 is amended to read as follows: 33 36 12. Prepare an annual budget estimating income and 33 37 expenditures for programs and services as provided in 33 38 sections 273.1 to 273.9 and chapter 256B within the 33 39 limits of funds provided under section 256B.9 and 33 40 chapter 257. The board shall give notice of a public 33 41 hearing on the proposed budget by publication in an 33 42 official county newspaper in each county in the 33 43 territory of the area education agency in which the 33 44 principal place of business of a school district that 33 45 is a part of the area education agency is located. 33 46 The notice shall specify the date, which shall be not 33 47 later than March 1 of each year, the time, and the 33 48 location of the public hearing. The proposed budget 33 49 as approved by the board shall then be submitted to 33 50 the state board of education, on forms provided by the 34 1 department, no later than March 15 preceding the next 34 2 fiscal year for approval. The state board shall 34 3 review the proposed budget of each area education 34 4 agency and shall before April 1, either grant approval 34 5 or return the budget without approval with comments of 34 6 the state board included. An unapproved budget shall 34 7 be resubmitted to the state board for final approval 34 8 not later than April 15. For the fiscal year 34 9 beginning July 1, 1999, and each succeeding fiscal 34 10 year, the state board shall give final approval only 34 11 to budgets submitted by area education agencies 34 12 accredited by the state board or that have been given 34 13 conditional accreditation by the state board. 34 14 Sec. 48. Section 273.3, Code 1995, is amended by 34 15 adding the following new subsection: 34 16 NEW SUBSECTION. 22. Meet annually with the 34 17 members of the boards of directors of the school 34 18 districts located within its boundaries if requested 34 19 by the school district boards. 34 20 Sec. 49. NEW SECTION. 273.10 ACCREDITATION OF 34 21 AREA EDUCATION PROGRAMS. 34 22 1. The department of education shall develop, in 34 23 consultation with the area education agencies, and 34 24 establish an accreditation process for area education 34 25 agencies by July 1, 1997. At a minimum, the 34 26 accreditation process shall consist of the following: 34 27 a. The timely submission by an area education 34 28 agency of information required by the department on 34 29 forms provided by the department. 34 30 b. The use of an accreditation team appointed by 34 31 the director of the department of education to conduct 34 32 an evaluation, including an on-site visit of each area 34 33 education agency. The team shall include, but is not 34 34 limited to, department staff members, representatives 34 35 from the school districts served by the area education 34 36 agency being evaluated, area education agency staff 34 37 members from area education agencies other than the 34 38 area education agency that conducts the programs being 34 39 evaluated for accreditation, and other team members 34 40 with expertise as deemed appropriate by the director. 34 41 2. Prior to a visit to an area education agency, 34 42 the accreditation team shall have access to that area 34 43 education agency's program audit report filed with the 34 44 department. After a visit to an area education 34 45 agency, the accreditation team shall determine whether 34 46 the accreditation standards for a program have been 34 47 met and shall make a report to the director and the 34 48 state board, together with a recommendation as to 34 49 whether the programs of the area education agency 34 50 should receive initial accreditation or remain 35 1 accredited. The accreditation team shall report 35 2 strengths and weaknesses, if any, for each 35 3 accreditation standard and shall advise the area 35 4 education agency of available resources and technical 35 5 assistance to further enhance the strengths and 35 6 improve areas of weakness. An area education agency 35 7 may respond to the accreditation team's report. 35 8 3. The state board of education shall determine 35 9 whether a program of an area education agency shall 35 10 receive initial accreditation or shall remain 35 11 accredited. Approval of area education agency 35 12 programs by the state board shall be based upon the 35 13 recommendation of the director of the department of 35 14 education after a study of the factual and evaluative 35 15 evidence on record about each area education agency 35 16 program in terms of the accreditation standards 35 17 adopted by the state board. 35 18 Approval, if granted, shall be for a term of three 35 19 years. However, the state board may grant conditional 35 20 approval for a term of less than three years if 35 21 conditions warrant. 35 22 4. If the state board of education determines that 35 23 an area education agency's program does not meet 35 24 accreditation standards, the director of the 35 25 department of education, in cooperation with the board 35 26 of directors of the area education agency, shall 35 27 establish a remediation plan prescribing the 35 28 procedures that must be taken to correct deficiencies 35 29 in meeting the program standards, and shall establish 35 30 a deadline date for correction of the deficiencies. 35 31 The remediation plan is subject to the approval of the 35 32 state board. 35 33 5. The area education agency program shall remain 35 34 accredited during the implementation of the 35 35 remediation plan. The accreditation team shall visit 35 36 the area education agency and shall determine whether 35 37 the deficiencies in the standards for the program have 35 38 been corrected and shall make a report and 35 39 recommendation to the director and the state board of 35 40 education. The state board shall review the report 35 41 and recommendation and shall determine whether the 35 42 deficiencies in the program have been corrected. 35 43 6. If the deficiencies in an area education 35 44 program have not been corrected, the agency board 35 45 shall take one of the following actions within sixty 35 46 days from removal of accreditation: 35 47 a. Merge the deficient program with a program from 35 48 another accredited area education agency. 35 49 b. Contract with another area education agency or 35 50 other public educational institution for purposes of 36 1 program delivery. 36 2 The rules developed by the state board of education 36 3 for the accreditation process shall include provisions 36 4 for removal of accreditation, including provisions for 36 5 proper notice to the administrator of the area 36 6 education agency, each member of the board of 36 7 directors of the area education agency, and the 36 8 superintendents and administrators of the schools of 36 9 the districts served by the area education agency. 36 10 Sec. 50. NEW SECTION. 273.11 STANDARDS FOR 36 11 ACCREDITING AREA EDUCATION PROGRAMS. 36 12 1. The state board of education shall develop 36 13 standards and rules for the accreditation of area 36 14 education agencies by July 1, 1997. Standards shall 36 15 be general in nature, but at a minimum shall identify 36 16 requirements addressing the services provided by each 36 17 division, as well as identifying indicators of quality 36 18 that will permit area education agencies, school 36 19 districts, the department of education, and the 36 20 general public to judge accurately the effectiveness 36 21 of area education agency services. 36 22 2. Standards developed shall include, but are not 36 23 limited to, the following: 36 24 a. Support for school-community planning, 36 25 including a means of assessing needs, establishing 36 26 shared direction and implementing program plans and 36 27 reporting progress. 36 28 b. Professional development programs that respond 36 29 to current needs. 36 30 c. Support for curriculum development, 36 31 instruction, and assessment for reading, language 36 32 arts, math and science, using research-based 36 33 methodologies. 36 34 d. Special education compliance and support. 36 35 e. Management services, including financial 36 36 reporting and purchasing as requested and funded by 36 37 local districts. 36 38 f. Support for instructional media services that 36 39 supplement and support local district media centers 36 40 and services. 36 41 g. Support for school technology planning and 36 42 staff development for implementing instructional 36 43 technologies. 36 44 h. A program and services evaluation and reporting 36 45 system. 36 46 Sec. 51. Section 282.4, subsection 3, Code 36 47 Supplement 1995, is amended to read as follows: 36 48 3. Notwithstanding section 282.6, if a student has 36 49 been expelled or suspended from school and has not met 36 50 the conditions of the expulsion or suspensionand if37 1the student, or the parent or guardian of the student,37 2changes district of residence, the student shall not 37 3 beenrolledpermitted to enroll inthe newa school 37 4 districtof residenceuntil the board of directors of 37 5 thenewschool districtof residenceapproves, by a 37 6 majority vote, the enrollment of the student. 37 7 Sec. 52. Section 282.5, Code Supplement 1995, is 37 8 amended to read as follows: 37 9 282.5 READMISSION OF STUDENT. 37 10 When a student is suspended by a teacher, 37 11 principal, or superintendent, pursuant to section 37 12 282.4, the student may be readmitted by the teacher, 37 13 principal, or superintendent when the conditions of 37 14 the suspension have been met, but when expelled by the 37 15 board the student may be readmitted only by the board 37 16 or in the manner prescribed by the board. 37 17 Sec. 53. Section 294A.25, subsections 7 and 8, 37 18 Code Supplement 1995, are amended to read as follows: 37 19 7. Commencing with the fiscal year beginning July 37 20 1,19931996, the amount of fifty thousand dollars for 37 21 geography alliance, seventy thousand dollars for37 22gifted and talented,and one hundred eighty thousand 37 23 dollars for a management information system from 37 24 additional funds transferred from phase I to phase 37 25 III. 37 26 8. For the fiscal year beginning July 1,199537 27 1996, and ending June 30, 1997, to the department of 37 28 education from phase III moneys the amount of one 37 29 million two hundred fifty thousand dollars for support 37 30 for the operations of the new Iowa schools development 37 31 corporation and for school transformation design and 37 32 implementation projects administered by the 37 33 corporation. Of the amount provided in this 37 34 subsection, one hundred fifty thousand dollars shall 37 35 be used for the school and community planning 37 36 initiative. 37 37 Sec. 54. Section 298.9, Code Supplement 1995, is 37 38 amended to read as follows: 37 39 298.9 SPECIAL LEVIES. 37 40 If the voter-approved physical plant and equipment 37 41 levy, consisting solely of a physical plant and 37 42 equipment property tax levy, is voted at a special 37 43 election and certified to the board of supervisors 37 44 after the regular levy is made, the board shall at its 37 45 next regular meeting levy the tax and cause it to be 37 46 entered upon the tax list to be collected as other 37 47 school taxes. If the certification is filed prior to 37 48AprilMay 1, the annual levy shall begin with the tax 37 49 levy of the year of filing. If the certification is 37 50 filed afterAprilMay 1 in a year, the levy shall 38 1 begin with the levy of the fiscal year succeeding the 38 2 year of the filing of the certification. 38 3 Sec. 55. FUNDS TRANSFERRED. For the fiscal year 38 4 beginning July 1, 1996, and ending June 30, 1997, the 38 5 following amounts for the purposes designated shall be 38 6 paid to the department of education from additional 38 7 funds transferred from phase I to phase III: 38 8 1. For support of the Iowa mathematics and science 38 9 coalition: 38 10 .................................................. $ 50,000 38 11 2. For purposes of the Iowa law and school safety 38 12 project: 38 13 .................................................. $ 75,000 38 14 3. For supplemental funds for a management 38 15 information system: 38 16 .................................................. $ 120,000 38 17 If funds available are insufficient to fully fund 38 18 the appropriation for a management information system 38 19 under this section, the amount distributed for the 38 20 management information system shall be reduced to an 38 21 amount equal to the available funds. 38 22 Sec. 56. 1996 Iowa Acts, Senate File 2080, section 38 23 70, subsection 1, is amended to read as follows: 38 24 1.Sections 260C.24 andSection 303.18, Code 38 25 Supplement 1995,areis repealed. 38 26 Sec. 57. 1996 Iowa Acts, Senate File 2080, section 38 27 16, is repealed. 38 28 Sec. 58. REPEAL – DIRECTION TO CODE EDITOR. 38 29 Section 260C.18A, as enacted in this Act, is repealed 38 30 effective July 1, 1997. The Code editor shall strike 38 31 the reference to section 260C.18A in section 260C.34 38 32 effective July 1, 1997. 38 33 Sec. 59. REPEAL. 38 34 1. Sections 225.34, 261.45, 261.52A, and 294.15, 38 35 Code 1995, are repealed. 38 36 2. Chapter 260D, Code and Code Supplement 1995, is 38 37 repealed. 38 38 Sec. 60. EFFECTIVE DATE. The unnumbered paragraph 38 39 relating to the creation of a dental hygienist program 38 40 provided for in section 6, subsection 15, of this Act, 38 41 being deemed of immediate importance, takes effect 38 42 upon enactment. 38 43 Sec. 61. EFFECTIVE AND RETROACTIVE APPLICABILITY 38 44 DATES. The sections of this Act which amend section 38 45 260C.4, subsection 4, paragraph "h", and section 38 46 260C.47, subsection 1, unnumbered paragraph 1, being 38 47 deemed of immediate importance, take effect upon 38 48 enactment and apply retroactively to June 30, 1994. 38 49 Sec. 62. Sections 3, 8, and 16 of this Act and 38 50 section 59, subsection 2, of this Act, being deemed of 39 1 immediate importance, take effect upon enactment."" 39 2 HF 2477H 39 3 kh/pk/25
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