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Senate File 2419

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  1  1    Section 1.  Section 11.6, subsection 4, Code 1995, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  d.  The auditor of state receives from the
  1  4 school budget review committee a written request for a
  1  5 complete or partial reaudit of a school district which had an
  1  6 undesignated fund deficit in a statutory fund reported to the
  1  7 school budget review committee in accordance with section
  1  8 11.14.  If the school district has not contracted with or
  1  9 employed a certified public accountant to perform an audit for
  1 10 the fiscal year in which the request is received by the
  1 11 auditor of state, the auditor may perform an audit required by
  1 12 subsection 1.
  1 13    Sec. 2.  Section 11.14, Code 1995, is amended by adding the
  1 14 following new unnumbered paragraph after unnumbered paragraph
  1 15 1:
  1 16    NEW UNNUMBERED PARAGRAPH.  If a report of an examination of
  1 17 a school district includes an undesignated fund deficit in a
  1 18 statutory fund, the auditor shall, by certified mail, notify
  1 19 the members of the board of directors of the school district
  1 20 and the chairperson of the school budget review committee, as
  1 21 established in section 257.30, that an audit contains an
  1 22 undesignated fund deficit.
  1 23    Sec. 3.  Section 15.103, unnumbered paragraph 1, Code 1995,
  1 24 is amended to read as follows:
  1 25    The Iowa economic development board is created, consisting
  1 26 of eleven voting members appointed by the governor and seven
  1 27 ex officio nonvoting members.  The ex officio nonvoting
  1 28 members are four legislative members; one president, or the
  1 29 president's designee, of the University of Northern Iowa, the
  1 30 University of Iowa, or Iowa State University of science and
  1 31 technology designated by the state board of regents on a
  1 32 rotating basis; and one president, or the president's
  1 33 designee, of a private college or university appointed by the
  1 34 Iowa association of independent colleges and universities; and
  1 35 one superintendent chief executive officer, or the
  2  1 superintendent's chief executive officer's designee, of a
  2  2 community college, appointed by the Iowa association of
  2  3 community college presidents.  The legislative members are two
  2  4 state senators, one appointed by the president of the senate,
  2  5 after consultation with the majority leader of the senate, and
  2  6 one appointed by the minority leader of the senate, after
  2  7 consultation with the president of the senate, from their
  2  8 respective parties; and two state representatives, one
  2  9 appointed by the speaker and one appointed by the minority
  2 10 leader of the house of representatives from their respective
  2 11 parties.  Not more than six of the voting members shall be
  2 12 from the same political party.  The secretary of agriculture
  2 13 shall be one of the voting members.  The governor shall
  2 14 appoint the remaining ten voting members of the board for a
  2 15 term of four years beginning and ending as provided by section
  2 16 69.19, subject to confirmation by the senate, and the
  2 17 governor's appointments shall include persons knowledgeable of
  2 18 the various elements of the department's responsibilities.
  2 19    Sec. 4.  Section 15E.166, subsection 1, paragraph c, Code
  2 20 1995, is amended to read as follows:
  2 21    c.  An annual budget for operation of the program and
  2 22 activities agreed to in the contract including provisions
  2 23 related to the transfer of funds to the community college, as
  2 24 agreed upon by the president chief executive officer of the
  2 25 community college and the foundation.
  2 26    Sec. 5.  Section 73.18, Code 1995, is amended to read as
  2 27 follows:
  2 28    73.18  NOTICE OF SOLICITATION FOR BIDS – IDENTIFICATION OF
  2 29 TARGETED SMALL BUSINESSES.
  2 30    The director of each agency or department, the
  2 31 administrator of each area education agency, the president
  2 32 chief executive officer of each community college, and the
  2 33 superintendent of each school district releasing a
  2 34 solicitation for bids or request for proposal under the
  2 35 targeted small business procurement goal program shall consult
  3  1 a directory of certified targeted small businesses produced by
  3  2 the department of economic development that lists all
  3  3 certified targeted small businesses by category of goods or
  3  4 services provided prior to or upon release of the solicitation
  3  5 and shall send a copy of the request for proposal or
  3  6 solicitation to any appropriate targeted small business listed
  3  7 in the directory.  The Iowa department of economic development
  3  8 may charge the department, agency, area education agency,
  3  9 community college, or school district a reasonable fee to
  3 10 cover the cost of producing, distributing, and updating the
  3 11 directory.
  3 12    Sec. 6.  Section 256.9, subsection 42, Code 1995, is
  3 13 amended by striking the subsection.
  3 14    Sec. 7.  Section 256.11, subsection 5, paragraph h,
  3 15 unnumbered paragraph 1, Code 1995, is amended to read as
  3 16 follows:
  3 17    A minimum of three sequential units in at least four of the
  3 18 following six vocational service areas:  agriculture, business
  3 19 or office occupations, health occupations, family and consumer
  3 20 sciences or home economics occupations, industrial technology
  3 21 or trade and industrial education, and marketing education.
  3 22 Instruction shall be competency-based, articulated with
  3 23 postsecondary programs of study, and include field,
  3 24 laboratory, or on-the-job training.  Each sequential unit
  3 25 shall include instruction in a minimum set of competencies
  3 26 established by the department of education that relate to the
  3 27 following:  new and emerging technologies; job-seeking, job-
  3 28 adaptability, and other employment, self-employment and
  3 29 entrepreneurial skills that reflect current industry standards
  3 30 and labor-market needs; and reinforcement of basic academic
  3 31 skills.  The instructional programs shall also comply with the
  3 32 provisions of chapter 258 relating to vocational education.
  3 33 However, this paragraph does not apply to the teaching of
  3 34 vocational education in nonpublic schools.
  3 35    Sec. 8.  Section 256.11, Code 1995, is amended by adding
  4  1 the following new subsection:
  4  2    NEW SUBSECTION.  9.  Unless a waiver has been obtained
  4  3 under section 256.11A, each school or school district shall
  4  4 have the following:
  4  5    a.  A media center in each attendance center which shall be
  4  6 accessible to students throughout the school day.
  4  7    b.  A qualified school media specialist who shall meet the
  4  8 licensing standards prescribed by the board of educational
  4  9 examiners and shall be responsible for supervision of the
  4 10 media centers.
  4 11    c.  An articulated sequential elementary-secondary guidance
  4 12 program for grades kindergarten through twelve.  The guidance
  4 13 counselor shall meet the licensing standards prescribed by the
  4 14 board of educational examiners.
  4 15    In determining the requirements of this subsection for
  4 16 nonpublic schools, the department shall evaluate the schools
  4 17 on a school system basis rather than on an individual school
  4 18 basis.
  4 19    Sec. 9.  Section 256.11A, subsections 1 and 2, Code
  4 20 Supplement 1995, are amended to read as follows:
  4 21    1.  Schools and school districts unable to meet the
  4 22 standard adopted by the state board established in section
  4 23 256.11, subsection 9, paragraph "c", requiring each school or
  4 24 school district operating a kindergarten through grade twelve
  4 25 program to provide an articulated sequential elementary-
  4 26 secondary guidance program may, not later than August 1, 1995,
  4 27 for the school year beginning July 1, 1995, file a written
  4 28 request to the department of education that the department
  4 29 waive the requirement for that school or school district.  The
  4 30 procedures specified in subsection 3 apply to the request.
  4 31 Not later than August 1, 1996, for the school year beginning
  4 32 July 1, 1996, the board of directors of a school district or
  4 33 the authorities in charge of a nonpublic school may request a
  4 34 one-year extension of the waiver.
  4 35    2.  Not later than August 1, 1995, for the school year
  5  1 beginning July 1, 1995, the board of directors of a school
  5  2 district, or authorities in charge of a nonpublic school, may
  5  3 file a written request with the department of education that
  5  4 the department waive the rule adopted by the state board to
  5  5 establish and operate the requirement for a media services
  5  6 specialist and a media services program to support the total
  5  7 curriculum for that district or school center, established
  5  8 under section 256.11, subsection 9, paragraphs "a" and "b".
  5  9 The procedures specified in subsection 3 apply to the request.
  5 10 Not later than August 1, 1996, for the school year beginning
  5 11 July 1, 1996, the board of directors of a school district or
  5 12 the authorities in charge of a nonpublic school may request an
  5 13 additional one-year extension of the waiver.
  5 14    Sec. 10.  Section 256.11B, Code 1995, is amended to read as
  5 15 follows:
  5 16    256.11B  VOCATIONAL EDUCATION INSTRUCTION – NONPUBLIC
  5 17 SCHOOLS.
  5 18    A nonpublic school which provides an educational program
  5 19 that includes grades nine through twelve shall offer and teach
  5 20 five units of occupational education subjects, which may
  5 21 include, but are not limited to, programs, services, and
  5 22 activities which prepare students for employment in business
  5 23 or office occupations, trade and industrial occupations,
  5 24 consumer and family and consumer sciences or home economics
  5 25 occupations, agriculture occupations, marketing occupations,
  5 26 and health occupations.  By July 1, 1993, instruction
  5 27 Instruction shall be competency-based, articulated with
  5 28 postsecondary programs of study, and may include field,
  5 29 laboratory, or on-the-job training.
  5 30    Sec. 11.  Section 256.31, subsection 1, paragraph c, Code
  5 31 1995, is amended to read as follows:
  5 32    c.  A community college president chief executive officer
  5 33 appointed by an association which represents the largest
  5 34 number of community college presidents chief executive
  5 35 officers in the state.
  6  1    Sec. 12.  Section 256.82, subsection 1, paragraph b,
  6  2 subparagraph (2), Code 1995, is amended to read as follows:
  6  3    (2)  One member shall be appointed jointly by the
  6  4 superintendents chief executive officers of the community
  6  5 colleges created by chapter 260C.
  6  6    Sec. 13.  Section 257.6, subsection 1, paragraph f, Code
  6  7 1995, is amended to read as follows:
  6  8    f.  Resident pupils receiving competent private instruction
  6  9 under dual enrollment pursuant to chapter 299A and taking less
  6 10 than three academic courses shall be counted as one-tenth of
  6 11 one pupil.  For purposes of this paragraph and section 299A.8,
  6 12 "academic course" means a course taken for credit in
  6 13 accordance with section 256.11, subsection 5, or a class that
  6 14 meets the requirements of section 256.11, subsection 3 or 4.
  6 15    Sec. 14.  Section 257.31, Code 1995, is amended by adding
  6 16 the following new subsection:
  6 17    NEW SUBSECTION.  17.  The committee may request the auditor
  6 18 of state to conduct, in accordance with section 11.6, a
  6 19 complete or partial reaudit of a school district reported to
  6 20 the committee in accordance with section 11.14 because of an
  6 21 undesignated fund deficit in a statutory fund.
  6 22    Sec. 15.  Section 258.3A, subsections 1 and 3, Code 1995,
  6 23 are amended to read as follows:
  6 24    1.  Cooperate with the federal board for vocational United
  6 25 States department of education in the administration of the
  6 26 Act of Congress, as specified in section 258.1.
  6 27    3.  Adopt rules prescribing standards for approval of
  6 28 schools, departments, and classes; area vocational-technical
  6 29 high schools and vocational programs; and community colleges
  6 30 with vocational programs; and practitioner preparation
  6 31 schools, departments, and classes, applying for federal and
  6 32 state moneys under this chapter.
  6 33    Sec. 16.  Section 258.3A, subsection 2, Code 1995, is
  6 34 amended by striking the subsection.
  6 35    Sec. 17.  Section 258.4, subsections 1, 2, 3, 5, 6, and 10,
  7  1 Code 1995, are amended to read as follows:
  7  2    1.  Co-operate Cooperate with the federal board for
  7  3 vocational United States department of education in the
  7  4 administration of the Act of Congress, as specified in section
  7  5 258.1.
  7  6    2.  Provide for making studies and investigations relating
  7  7 to prevocational and vocational training education in
  7  8 agricultural, industrial agriculture, trades and industry,
  7  9 marketing, business and office, health, and commercial
  7 10 subjects, and home economics family and consumer sciences.
  7 11    3.  Promote and aid in the establishment in local
  7 12 communities and public schools of departments and classes
  7 13 giving programs providing instruction in subjects listed in
  7 14 subsection 2.
  7 15    5.  Make recommendations to the board of educational
  7 16 examiners relating to the enforcement of rules prescribing
  7 17 standards for teachers of subjects in programs listed in
  7 18 subsection 2 in accredited schools, departments, and classes
  7 19 educational agencies.
  7 20    6.  Co-operate Cooperate in the maintenance of practitioner
  7 21 preparation schools, departments, and classes, supported and
  7 22 controlled by the public, programs for the training
  7 23 preparation of teachers and supervisors of subjects programs
  7 24 listed in subsection 2.
  7 25    10.  Enforce rules prescribing standards for approval of
  7 26 vocational education programs in schools, departments, and
  7 27 classes.
  7 28    Sec. 18.  Section 258.4, Code 1995, is amended by adding
  7 29 the following new subsection:
  7 30    NEW SUBSECTION.  13.  Incorporate in the director's annual
  7 31 report a full report of all receipts and expenditures under
  7 32 this chapter.
  7 33    Sec. 19.  Section 258.5, Code 1995, is amended to read as
  7 34 follows:
  7 35    258.5  REIMBURSEMENT FROM FEDERAL AND STATE MONEYS.
  8  1    If a school corporation maintains an approved vocational
  8  2 school, department, or classes program in accordance with the
  8  3 rules adopted by the state board, and rules and standards
  8  4 adopted by the board of educational examiners, and the state
  8  5 plan for vocational education, adopted by the board for
  8  6 vocational education and approved by the United States
  8  7 department of education, the director of the department of
  8  8 education shall reimburse the school corporation at the end of
  8  9 the fiscal year for its expenditures for salaries and
  8 10 authorized travel of vocational teachers from federal and
  8 11 state funds.  However, a school corporation shall not receive
  8 12 from federal and state funds a larger amount than one-half the
  8 13 sum which has been expended by the school corporation for that
  8 14 particular type of program.  If federal and state funds are
  8 15 not sufficient to make the reimbursement to the extent
  8 16 provided in this section, the director shall prorate the
  8 17 respective amounts available to the corporations entitled to
  8 18 reimbursement.
  8 19    The director may use federal funds to reimburse approved
  8 20 practitioner preparation schools, departments, or classes for
  8 21 the training of teachers of agriculture, home economics,
  8 22 trades and industrial education, distributive education, and
  8 23 for the training of guidance counselors.
  8 24    Sec. 20.  Section 258.9, Code 1995, is amended to read as
  8 25 follows:
  8 26    258.9  LOCAL ADVISORY COUNCIL.
  8 27    The board of directors of a school district that maintains
  8 28 a school, department, or class receiving federal or state
  8 29 funds under this chapter vocational program shall, as a
  8 30 condition of approval by the state board, appoint a local
  8 31 advisory council for vocational education composed of public
  8 32 members with emphasis on persons representing business,
  8 33 agriculture, industry and labor.  The local advisory council
  8 34 shall give advice and assistance to the board of directors in
  8 35 the establishment and maintenance of schools, departments, and
  9  1 classes vocational programs that receive federal or state
  9  2 funds under this chapter.  Local advisory councils may be
  9  3 organized according to program area, school, community, or
  9  4 region.  The state board shall adopt rules requiring that the
  9  5 memberships of local advisory councils fairly represent each
  9  6 sex and minorities residing in the school district.  Members
  9  7 of an advisory council shall serve without compensation.
  9  8    Sec. 21.  Section 258.12, Code 1995, is amended to read as
  9  9 follows:
  9 10    258.12  CUSTODIAN OF FUNDS – REPORTS.
  9 11    The treasurer of state shall be custodian of the funds paid
  9 12 to the state from the appropriations made under said the Act
  9 13 of Congress as provided in section 258.1, and shall disburse
  9 14 the same funds on vouchers audited as provided by law.  The
  9 15 treasurer of state shall report the receipts and disbursements
  9 16 of said funds to the general assembly at each biennial regular
  9 17 session.
  9 18    Sec. 22.  Section 260C.4, subsection 4, paragraphs e and f,
  9 19 Code 1995, are amended to read as follows:
  9 20    e.  The director of the department of education shall give
  9 21 a community college which is to be removed from the approved
  9 22 list at least one year's notice.  The notice shall be given by
  9 23 registered or certified mail addressed to the superintendent
  9 24 chief executive officer of the community college and shall
  9 25 specify the reasons for removal.  The notice shall also be
  9 26 sent by ordinary mail to each member of the board of directors
  9 27 of the community college, and to the news media which serve
  9 28 the merged area where the school is located; but any good
  9 29 faith error or failure to comply with this sentence shall not
  9 30 affect the validity of any action by the director.  If, during
  9 31 the year, the community college remedies the reasons for
  9 32 removal and satisfies the director that it will thereafter
  9 33 comply with the laws and approval standards, the director
  9 34 shall continue the community college on the approved list and
  9 35 shall transmit to the community college notice of the action
 10  1 by registered or certified mail.
 10  2    f.  At any time during the year after notice is given, the
 10  3 board of directors of the community college may request a
 10  4 public hearing before the director of the department of
 10  5 education, by mailing a written request to the director by
 10  6 registered or certified mail.  The director shall promptly set
 10  7 a time and place for the public hearing, which shall be either
 10  8 in Des Moines or in the affected merged area.  At least thirty
 10  9 days' notice of the time and place of the hearing shall be
 10 10 given by registered or certified mail addressed to the
 10 11 superintendent chief executive officer of the community
 10 12 college.  At least ten days before the hearing, notice of the
 10 13 time and place of the hearing and the reasons for removal
 10 14 shall also be published by the department in a newspaper of
 10 15 general circulation in the merged area where the community
 10 16 college is located.
 10 17    Sec. 23.  Section 260C.4, subsection 4, paragraph h, Code
 10 18 1995, is amended to read as follows:
 10 19    h.  This subsection is void and shall be stricken from the
 10 20 Code effective June 30, 1995 1998, except as provided in
 10 21 section 260C.47.
 10 22    Sec. 24.  Section 260C.5, subsections 1 and 9, Code 1995,
 10 23 are amended to read as follows:
 10 24    1.  Designate a community college as an "area vocational
 10 25 education school" within the meaning of, and for the purpose
 10 26 of administering, the Act of Congress designated the
 10 27 "Vocational Education Act of 1963" federal vocational
 10 28 education legislation.  A community college shall not be so
 10 29 designated by the director of the department of education for
 10 30 the expenditure of funds under 20 U.S.C. } 35c(a)(5), which
 10 31 has not been designated and classified as a community college
 10 32 by the state board.
 10 33    9.  Make arrangements with boards of merged areas and local
 10 34 school districts to permit students attending high school to
 10 35 participate in vocational-technical programs and advanced
 11  1 college placement courses and obtain credit for such
 11  2 participation for application toward the completion of a high
 11  3 school diploma.  The granting of credit is subject to the
 11  4 approval of the director of the department of education.
 11  5    Sec. 25.  Section 260C.5, subsection 6, Code 1995, is
 11  6 amended by striking the subsection.
 11  7    Sec. 26.  Section 260C.14, subsection 8, Code 1995, is
 11  8 amended to read as follows:
 11  9    8.  Set the salary of the area superintendent chief
 11 10 executive officer of the director district.  In setting the
 11 11 salary, the board shall consider the salaries of
 11 12 administrators of educational institutions in the merged area
 11 13 and the enrollment of the community college.
 11 14    Sec. 27.  Section 260C.35, Code 1995, is amended to read as
 11 15 follows:
 11 16    260C.35  LIMITATION ON SALE OF LAND.
 11 17    A merged area shall not purchase land which will increase
 11 18 the aggregate of land owned by the merged area, excluding land
 11 19 acquired by donation or gift, to more than three hundred
 11 20 twenty acres without the approval of the director of the
 11 21 department of education.  The limitation does not apply to a
 11 22 merged area owning more than three hundred twenty acres,
 11 23 excluding land acquired by donation or gift, prior to January
 11 24 1, 1969.
 11 25    With the approval of the director of the department of
 11 26 education, the The board of directors of a merged area at any
 11 27 time may sell any land in excess of one hundred sixty acres
 11 28 owned by the merged area, and an election is not necessary in
 11 29 connection with the sale.  The proceeds of the sale may be
 11 30 used for any of the purposes stated in section 260C.22.  This
 11 31 paragraph section is in addition to any authority under other
 11 32 provisions of law.
 11 33    Sec. 28.  Section 260C.38, unnumbered paragraphs 1 and 3,
 11 34 Code 1995, are amended to read as follows:
 11 35    The board of directors may, with the approval of the
 12  1 director of the department of education, enter into lease
 12  2 agreements, with or without purchase options, not to exceed
 12  3 twenty years in duration, for the leasing or rental of
 12  4 buildings for use basically as classrooms, laboratories,
 12  5 shops, libraries, and study halls for community college
 12  6 purposes, and pay for the leasing or rental with funds
 12  7 acquired pursuant to section sections 260C.17, section
 12  8 260C.18, and section 260C.22.  However, lease agreements
 12  9 extending for less than ten years and for less than twenty-
 12 10 five thousand dollars per year need not be submitted to the
 12 11 director of the department of education for approval.
 12 12    Before entering into a lease agreement with a purchase
 12 13 option for a building to be constructed, or placed, upon real
 12 14 estate owned by the community college, the board shall first
 12 15 adopt plans and specifications for the proposed building which
 12 16 it considers suitable for the intended use, and the board
 12 17 shall also adopt the proposed terms of the lease agreement and
 12 18 purchase option.  Upon obtaining the approval of the director
 12 19 of the department of education, if approval of the director is
 12 20 required, the The board shall invite bids, by advertisement
 12 21 published once each week for two consecutive weeks in the
 12 22 county where the building is to be located.  The lease
 12 23 agreement shall be awarded to the lowest responsible bidder,
 12 24 or the board may reject all bids and readvertise for new bids.
 12 25    Sec. 29.  Section 260C.47, subsection 1, unnumbered
 12 26 paragraph 1, Code 1995, is amended to read as follows:
 12 27    The state board of education shall establish an
 12 28 accreditation process for community college programs by July
 12 29 1, 1994 1997.  The process shall be jointly developed and
 12 30 agreed upon by the department of education and the community
 12 31 colleges.  The state accreditation process shall be integrated
 12 32 with the accreditation process of the north central
 12 33 association of colleges and schools, including the evaluation
 12 34 cycle, the self-study process, and the criteria for
 12 35 evaluation, which shall incorporate the standards for
 13  1 community colleges developed under section 260C.48; and shall
 13  2 identify and make provision for the needs of the state that
 13  3 are not met by the association's accreditation process.  If a
 13  4 joint agreement has not been reached by July 1, 1994 1997, the
 13  5 approval process provided under section 260C.4, subsection 4,
 13  6 shall remain the required accreditation process for community
 13  7 colleges.  For the academic year commencing July 1, 1995 1998,
 13  8 and in succeeding school years, the department of education
 13  9 shall use a two-component process for the continued
 13 10 accreditation of community college programs.
 13 11    Sec. 30.  Section 260C.47, subsection 6, Code 1995, is
 13 12 amended to read as follows:
 13 13    6.  The director of the department of education shall give
 13 14 a community college which has a program which fails to meet
 13 15 accreditation standards at least one year's notice prior to
 13 16 removal of accreditation of the program.  The notice shall be
 13 17 given by certified mail or restricted certified mail addressed
 13 18 to the superintendent chief executive officer of the community
 13 19 college and shall specify the reasons for removal of
 13 20 accreditation of the program.  The notice shall also be sent
 13 21 by ordinary mail to each member of the board of directors of
 13 22 the community college.  Any good faith error or failure to
 13 23 comply with the notice requirements shall not affect the
 13 24 validity of any action by the director.  If, during the year,
 13 25 the community college remedies the reasons for removal of
 13 26 accreditation of the program and satisfies the director that
 13 27 the community college will comply with the accreditation
 13 28 standards for that program in the future, the director shall
 13 29 continue the accreditation of the program of the community
 13 30 college and shall transmit notice of the action to the
 13 31 community college by certified mail or restricted certified
 13 32 mail.
 13 33    Sec. 31.  Section 282.4, subsection 3, Code Supplement
 13 34 1995, is amended to read as follows:
 13 35    3.  Notwithstanding section 282.6, if a student has been
 14  1 expelled or suspended from school and has not met the
 14  2 conditions of the expulsion or suspension and if the student,
 14  3 or the parent or guardian of the student, changes district of
 14  4 residence, the student shall not be enrolled permitted to
 14  5 enroll in the new a school district of residence until the
 14  6 board of directors of the new school district of residence
 14  7 approves, by a majority vote, the enrollment of the student.
 14  8    Sec. 32.  Section 282.5, Code Supplement 1995, is amended
 14  9 to read as follows:
 14 10    282.5  READMISSION OF STUDENT.
 14 11    When a student is suspended by a teacher, principal, or
 14 12 superintendent, pursuant to section 282.4, the student may be
 14 13 readmitted by the teacher, principal, or superintendent when
 14 14 the conditions of the suspension have been met, but when
 14 15 expelled by the board the student may be readmitted only by
 14 16 the board or in the manner prescribed by the board.
 14 17    Sec. 33.  Section 282.30, subsection 1, paragraph b,
 14 18 unnumbered paragraph 2, Code 1995, is amended to read as
 14 19 follows:
 14 20    An area education agency shall not provide educational
 14 21 services to a facility specified in paragraph "a" unless the
 14 22 facility makes a request for educational services to the area
 14 23 education agency by December January 1 of the school year
 14 24 prior to the beginning of the school year for which the
 14 25 services are being requested.
 14 26    Sec. 34.  Section 282.31, subsection 1, paragraph a, Code
 14 27 Supplement 1995, is amended to read as follows:
 14 28    a.  A child who lives in a facility pursuant to section
 14 29 282.30, subsection 1, paragraph "a", and who is not enrolled
 14 30 in the educational program of the district of residence of the
 14 31 child, shall receive appropriate educational services.  The
 14 32 area education agency shall submit a proposed program and
 14 33 budget to the department of education by January February 1
 14 34 for the next succeeding school year.  The department of
 14 35 education shall review and approve or modify the program and
 15  1 proposed budget and shall notify the department of revenue and
 15  2 finance and the area education agency of its action by
 15  3 February March 1.
 15  4    PARAGRAPH DIVIDED.  The department of revenue and finance
 15  5 shall pay the approved budget amount for an area education
 15  6 agency in monthly installments beginning September 15 and
 15  7 ending June 15 of the next succeeding school year.  The
 15  8 installments shall be as nearly equal as possible as
 15  9 determined by the department of management, taking into
 15 10 consideration the relative budget and cash position of the
 15 11 state's resources.  The department of revenue and finance
 15 12 shall transfer the approved budget amount for an area
 15 13 education agency from the moneys appropriated under section
 15 14 257.16 and make the payment to the area education agency.
 15 15    PARAGRAPH DIVIDED.  The area education agency shall submit
 15 16 an accounting for the actual cost of the program to the
 15 17 department of education by August 1 of the following school
 15 18 year.  The department shall review and approve or modify all
 15 19 expenditures incurred in compliance with the guidelines
 15 20 pursuant to section 256.7, subsection 10, and shall notify the
 15 21 department of revenue and finance of the approved accounting
 15 22 amount.  The approved accounting amount shall be compared with
 15 23 any amounts paid by the department of revenue and finance to
 15 24 the area education agency and any differences added to or
 15 25 subtracted from the October payment made under this paragraph
 15 26 for the next school year.  Any amount paid by the department
 15 27 of revenue and finance shall be deducted monthly from the
 15 28 state foundation aid paid under section 257.16 to all school
 15 29 districts in the state during the subsequent fiscal year.  The
 15 30 portion of the total amount of the approved budget that shall
 15 31 be deducted from the state aid of a school district shall be
 15 32 the same as the ratio that the budget enrollment for the
 15 33 budget year of the school district bears to the total budget
 15 34 enrollment in the state for that budget year in which the
 15 35 deduction is made.
 16  1    Sec. 35.  Section 285.2, unnumbered paragraph 5, Code
 16  2 Supplement 1995, is amended to read as follows:
 16  3    Claims shall be accompanied by an affidavit of an officer
 16  4 of the public school district affirming the accuracy of the
 16  5 claim.  By February 1 and on or about June 15 Claims for
 16  6 reimbursement shall be made to the department of education by
 16  7 January 31 and July 15 of each school year, on forms
 16  8 prescribed by the department.  The department shall certify to
 16  9 the department of revenue and finance the amounts of approved
 16 10 claims to be paid, and the department of revenue and finance
 16 11 shall draw warrants payable to school districts which have
 16 12 established claims.  Claims shall be allowed where practical,
 16 13 and at the option of the public school district of the pupil's
 16 14 residence, subject to approval by the area education agency of
 16 15 the pupil's residence, under section 285.9, subsection 3, the
 16 16 public school district of the pupil's residence may transport
 16 17 a pupil to a school located in a contiguous public school
 16 18 district outside the boundary lines of the public school
 16 19 district of the pupil's residence.  The public school district
 16 20 of the pupil's residence may contract with the contiguous
 16 21 public school district or with a private contractor under
 16 22 section 285.5 to transport the pupils to the school of
 16 23 attendance within the boundary lines of the contiguous public
 16 24 school district.  The public school district in which the
 16 25 pupil resides may contract with the contiguous public school
 16 26 district or with a private contractor under section 285.5 to
 16 27 transport the pupil from the pupil's residence or from
 16 28 designated school bus collection locations to the school
 16 29 located within the boundary lines of the contiguous public
 16 30 school district, subject to the approval of the area education
 16 31 agency of the pupil's residence.  The public school district
 16 32 of the pupil's residence may utilize the reimbursement
 16 33 provisions of section 285.1, subsection 3.
 16 34    Sec. 36.  Section 285.3, Code 1995, is amended by striking
 16 35 the section and inserting in lieu thereof the following:
 17  1    285.3  PARENTAL REIMBURSEMENT FOR NONPUBLIC SCHOOL STUDENT
 17  2 TRANSPORTATION.
 17  3    1.  A parent or guardian of a student attending an ac-
 17  4 credited nonpublic school, who furnishes transportation for
 17  5 the student pursuant to section 285.1, and who meets the
 17  6 requirements of subsection 2, is entitled to reimbursement
 17  7 equal to an amount calculated under the provisions of section
 17  8 285.1, subsection 3.  In addition, parents or guardians who
 17  9 transport one or more family members more than four miles to
 17 10 their accredited nonpublic schools of attendance shall be
 17 11 entitled to one supplemental mileage payment per family, per
 17 12 claim period, equal to fifteen percent of the parental
 17 13 reimbursement amount, rounded to the nearest whole dollar,
 17 14 when calculated under the provisions of section 285.1,
 17 15 subsection 3.
 17 16    2.  To qualify for parental reimbursement under subsection
 17 17 1, a parent or guardian of a student attending an accredited
 17 18 nonpublic school, who furnishes transportation for the student
 17 19 pursuant to section 285.1, shall submit a claim for
 17 20 reimbursement to the resident public school district,
 17 21 notifying the district that the student is enrolled and
 17 22 attending an accredited nonpublic school.  Claims for
 17 23 reimbursement shall be filed with the district by December 1
 17 24 and May 1 annually and shall include the name, age, and grade
 17 25 level of the student and the name of the accredited nonpublic
 17 26 school and its location.  The district shall submit claims for
 17 27 reimbursement to the department of education on behalf of the
 17 28 parent or guardian if the parent or guardian meets the
 17 29 requirements of this section.
 17 30    Sec. 37.  Section 298.9, Code Supplement 1995, is amended
 17 31 to read as follows:
 17 32    298.9  SPECIAL LEVIES.
 17 33    If the voter-approved physical plant and equipment levy,
 17 34 consisting solely of a physical plant and equipment property
 17 35 tax levy, is voted at a special election and certified to the
 18  1 board of supervisors after the regular levy is made, the board
 18  2 shall at its next regular meeting levy the tax and cause it to
 18  3 be entered upon the tax list to be collected as other school
 18  4 taxes.  If the certification is filed prior to April May 1,
 18  5 the annual levy shall begin with the tax levy of the year of
 18  6 filing.  If the certification is filed after April May 1 in a
 18  7 year, the levy shall begin with the levy of the fiscal year
 18  8 succeeding the year of the filing of the certification.
 18  9    Sec. 38.  Section 299A.8, Code 1995, is amended to read as
 18 10 follows:
 18 11    299A.8  DUAL ENROLLMENT.
 18 12    If a parent, guardian, or legal custodian of a child who is
 18 13 receiving competent private instruction under this chapter
 18 14 submits a request, the child shall also be registered in a
 18 15 public school for dual enrollment purposes.  If the child is
 18 16 enrolled in a public school district for dual enrollment
 18 17 purposes, the child shall be permitted to participate in any
 18 18 academic activities in the district and shall also be
 18 19 permitted to participate on the same basis as public school
 18 20 children in any extracurricular activities available to
 18 21 children in the child's grade or group, and the parent,
 18 22 guardian, or legal custodian shall not be required to pay the
 18 23 costs of any annual evaluation under this chapter.  If the
 18 24 child is enrolled for dual enrollment purposes, the child
 18 25 shall be included in the public school's basic enrollment
 18 26 under section 257.6, subsection 1, paragraph "a", if the child
 18 27 participates in three or more academic courses, or under
 18 28 section 257.6, subsection 1, paragraph "f", if the child
 18 29 participates in less than three academic courses.
 18 30    Sec. 39.  REPEALS.  Sections 258.6, 258.10, and 258.13,
 18 31 Code 1995, are repealed.
 18 32    Sec. 40.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
 18 33 The sections of this Act which amend section 260C.4,
 18 34 subsection 4, paragraph "h", and section 260C.47, subsection
 18 35 1, unnumbered paragraph 1, being deemed of immediate
 19  1 importance, take effect upon enactment and apply retroactively
 19  2 to June 30, 1994.  
 19  3 SF 2419
 19  4 kh/cc/26
     

Text: SF02418                           Text: SF02420
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