Text: SSB02306 Text: SSB02308 Text: SSB02300 - SSB02399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 11.6, subsection 1, paragraph a, 1 2 unnumbered paragraph 1, Code 1995, is amended to read as 1 3 follows: 1 4 The financial condition and transactions of all cities and 1 5 city offices, counties, county hospitals organized under 1 6 chapters 347 and 347A, memorial hospitals organized under 1 7 chapter 37, entities organized under chapter 28E having gross 1 8 receipts in excess of one hundred thousand dollars in a fiscal 1 9 year, merged areas, area education agencies, and all school 1 10 offices in school districts, shall be examined at least once 1 11 each year, except that cities having a population of seven 1 12 hundred or more but less than two thousand shall be examined 1 13 at least once every four years, and cities having a population 1 14 of less than seven hundred may be examined as otherwise 1 15 provided in this section. The examination shall cover the 1 16 fiscal year next preceding the year in which the audit is 1 17 conducted. The examination of school offices shall include an 1 18 audit of all school funds, the certified annual financial 1 19 report, and the certified enrollment as provided in section 1 20 257.6. If a financial condition statement is present in the 1 21 annual audit report of a school district, the auditor of state 1 22 or certified public accountant conducting the audit shall 1 23 notify, by certified mail, the members of the board of 1 24 directors of the school district and the chairperson of the 1 25 school budget review committee. Examinations of community 1 26 colleges shall include an audit of eligible and noneligible 1 27 contact hours as defined in section 260D.2. Eligible and 1 28 noneligible contact hours and any differences in certified 1 29 enrollment shall be reported to the department of management. 1 30 Sec. 2. Section 15.103, unnumbered paragraph 1, Code 1995, 1 31 is amended to read as follows: 1 32 The Iowa economic development board is created, consisting 1 33 of eleven voting members appointed by the governor and seven 1 34 ex officio nonvoting members. The ex officio nonvoting 1 35 members are four legislative members; one president, or the 2 1 president's designee, of the University of Northern Iowa, the 2 2 University of Iowa, or Iowa State University of science and 2 3 technology designated by the state board of regents on a 2 4 rotating basis; and one president, or the president's 2 5 designee, of a private college or university appointed by the 2 6 Iowa association of independent colleges and universities; and 2 7 onesuperintendentchief executive officer, or the 2 8superintendent'schief executive officer's designee, of a 2 9 community college, appointed by the Iowa association of 2 10 community college presidents. The legislative members are two 2 11 state senators, one appointed by the president of the senate, 2 12 after consultation with the majority leader of the senate, and 2 13 one appointed by the minority leader of the senate, after 2 14 consultation with the president of the senate, from their 2 15 respective parties; and two state representatives, one 2 16 appointed by the speaker and one appointed by the minority 2 17 leader of the house of representatives from their respective 2 18 parties. Not more than six of the voting members shall be 2 19 from the same political party. The secretary of agriculture 2 20 shall be one of the voting members. The governor shall 2 21 appoint the remaining ten voting members of the board for a 2 22 term of four years beginning and ending as provided by section 2 23 69.19, subject to confirmation by the senate, and the 2 24 governor's appointments shall include persons knowledgeable of 2 25 the various elements of the department's responsibilities. 2 26 Sec. 3. Section 15E.166, subsection 1, paragraph c, Code 2 27 1995, is amended to read as follows: 2 28 c. An annual budget for operation of the program and 2 29 activities agreed to in the contract including provisions 2 30 related to the transfer of funds to the community college, as 2 31 agreed upon by thepresidentchief executive officer of the 2 32 community college and the foundation. 2 33 Sec. 4. Section 73.18, Code 1995, is amended to read as 2 34 follows: 2 35 73.18 NOTICE OF SOLICITATION FOR BIDS – IDENTIFICATION OF 3 1 TARGETED SMALL BUSINESSES. 3 2 The director of each agency or department, the 3 3 administrator of each area education agency, thepresident3 4 chief executive officer of each community college, and the 3 5 superintendent of each school district releasing a 3 6 solicitation for bids or request for proposal under the 3 7 targeted small business procurement goal program shall consult 3 8 a directory of certified targeted small businesses produced by 3 9 the department of economic development that lists all 3 10 certified targeted small businesses by category of goods or 3 11 services provided prior to or upon release of the solicitation 3 12 and shall send a copy of the request for proposal or 3 13 solicitation to any appropriate targeted small business listed 3 14 in the directory. The Iowa department of economic development 3 15 may charge the department, agency, area education agency, 3 16 community college, or school district a reasonable fee to 3 17 cover the cost of producing, distributing, and updating the 3 18 directory. 3 19 Sec. 5. Section 256.9, subsection 42, Code 1995, is 3 20 amended by striking the subsection. 3 21 Sec. 6. Section 256.11, subsection 5, paragraph h, 3 22 unnumbered paragraph 1, Code 1995, is amended to read as 3 23 follows: 3 24 A minimum of three sequential units in at least four of the 3 25 following six vocational service areas: agriculture, business 3 26 or office occupations, health occupations, family and consumer 3 27 sciencesor home economics occupations, industrial technology 3 28 or trade and industrial education, and marketing education. 3 29 Instruction shall be competency-based, articulated with 3 30 postsecondary programs of study, and include field, 3 31 laboratory, or on-the-job training. Each sequential unit 3 32 shall include instruction in a minimum set of competencies 3 33 established by the department of education that relate to the 3 34 following: new and emerging technologies; job-seeking, job- 3 35 adaptability, and other employment, self-employment and 4 1 entrepreneurial skills that reflect current industry standards 4 2 and labor-market needs; and reinforcement of basic academic 4 3 skills. The instructional programs shall also comply with the 4 4 provisions of chapter 258 relating to vocational education. 4 5 However, this paragraph does not apply to the teaching of 4 6 vocational education in nonpublic schools. 4 7 Sec. 7. Section 256.11, Code 1995, is amended by adding 4 8 the following new subsection: 4 9 NEW SUBSECTION. 9. Unless a waiver has been obtained 4 10 under section 256.11A, each school or school district shall 4 11 have the following: 4 12 a. A media center in each attendance center which shall be 4 13 accessible to students throughout the school day. 4 14 b. A qualified school media specialist who shall meet the 4 15 licensing standards prescribed by the board of educational 4 16 examiners and shall be responsible for supervision of the 4 17 media centers. 4 18 c. An articulated sequential elementary-secondary guidance 4 19 program for grades kindergarten through twelve. The guidance 4 20 counselor shall meet the licensing standards prescribed by the 4 21 board of educational examiners. 4 22 In determining the requirements of this subsection for 4 23 nonpublic schools, the department shall evaluate the schools 4 24 on a school system basis rather than on an individual school 4 25 basis. 4 26 Sec. 8. Section 256.11A, subsections 1 and 2, Code 4 27 Supplement 1995, are amended to read as follows: 4 28 1. Schools and school districts unable to meet the 4 29 standardadopted by the state boardestablished in section 4 30 256.11, subsection 9, paragraph "c", requiring each school or 4 31 school district operating a kindergarten through grade twelve 4 32 program to provide an articulated sequential elementary- 4 33 secondary guidance program may, not later than August 1, 1995, 4 34 for the school year beginning July 1, 1995, file a written 4 35 request to the department of education that the department 5 1 waive the requirement for that school or school district. The 5 2 procedures specified in subsection 3 apply to the request. 5 3 Not later than August 1, 1996, for the school year beginning 5 4 July 1, 1996, the board of directors of a school district or 5 5 the authorities in charge of a nonpublic school may request a 5 6 one-year extension of the waiver. 5 7 2. Not later than August 1, 1995, for the school year 5 8 beginning July 1, 1995, the board of directors of a school 5 9 district, or authorities in charge of a nonpublic school, may 5 10 file a written request with the department of education that 5 11 the department waivethe rule adopted by the state board to5 12establish and operatethe requirement for a media services 5 13 specialist and a media servicesprogram to support the total5 14curriculum for that district or schoolcenter, established 5 15 under section 256.11, subsection 9, paragraphs "a" and "b". 5 16 The procedures specified in subsection 3 apply to the request. 5 17 Not later than August 1, 1996, for the school year beginning 5 18 July 1, 1996, the board of directors of a school district or 5 19 the authorities in charge of a nonpublic school may request an 5 20 additional one-year extension of the waiver. 5 21 Sec. 9. Section 256.11B, Code 1995, is amended to read as 5 22 follows: 5 23 256.11B VOCATIONAL EDUCATION INSTRUCTION – NONPUBLIC 5 24 SCHOOLS. 5 25 A nonpublic school which provides an educational program 5 26 that includes grades nine through twelve shall offer and teach 5 27 five units of occupational education subjects, which may 5 28 include, but are not limited to, programs, services, and 5 29 activities which prepare students for employment in business 5 30 or office occupations, trade and industrial occupations, 5 31consumer andfamily and consumer sciencesor home economics5 32 occupations, agriculture occupations, marketing occupations, 5 33 and health occupations.By July 1, 1993, instruction5 34 Instruction shall be competency-based, articulated with 5 35 postsecondary programs of study, and may include field, 6 1 laboratory, or on-the-job training. 6 2 Sec. 10. Section 256.31, subsection 1, paragraph c, Code 6 3 1995, is amended to read as follows: 6 4 c. A community collegepresidentchief executive officer 6 5 appointed by an association which represents the largest 6 6 number of community collegepresidentschief executive 6 7 officers in the state. 6 8 Sec. 11. Section 256.82, subsection 1, paragraph b, 6 9 subparagraph (2), Code 1995, is amended to read as follows: 6 10 (2) One member shall be appointed jointly by the 6 11superintendentschief executive officers of the community 6 12 colleges created by chapter 260C. 6 13 Sec. 12. Section 257.6, subsection 1, paragraph f, Code 6 14 1995, is amended to read as follows: 6 15 f. Resident pupils receiving competent private instruction 6 16 under dual enrollment pursuant to chapter 299A and taking less 6 17 than three academic courses shall be counted as one-tenth of 6 18 one pupil. For purposes of this paragraph and section 299A.8, 6 19 "academic course" means a course taken for credit in 6 20 accordance with section 256.11, subsection 5, or a class that 6 21 meets the requirements of section 256.11, subsection 3 or 4. 6 22 Sec. 13. Section 257.31, Code 1995, is amended by adding 6 23 the following new subsection: 6 24 NEW SUBSECTION. 17. The committee may require a school 6 25 district to utilize the auditor of state to conduct an audit 6 26 of accounts pursuant to section 11.6. 6 27 Sec. 14. Section 258.3A, subsections 1 and 3, Code 1995, 6 28 are amended to read as follows: 6 29 1. Cooperate with thefederal board for vocationalUnited 6 30 States department of education in the administration of the 6 31 Act of Congress, as specified in section 258.1. 6 32 3. Adopt rules prescribing standards for approval of 6 33schools, departments, and classes; area vocational-technical6 34high schools andvocational programs; and community colleges6 35with vocational programs; and practitioner preparation7 1schools, departments, and classes,applying for federal and 7 2 state moneys under this chapter. 7 3 Sec. 15. Section 258.3A, subsection 2, Code 1995, is 7 4 amended by striking the subsection. 7 5 Sec. 16. Section 258.4, subsections 1, 2, 3, 5, 6, and 10, 7 6 Code 1995, are amended to read as follows: 7 7 1.Co-operateCooperate with thefederal board for7 8vocationalUnited States department of education in the 7 9 administration of the Act of Congress, as specified in section 7 10 258.1. 7 11 2. Provide for making studies and investigations relating 7 12 toprevocational andvocationaltrainingeducation in 7 13agricultural, industrialagriculture, trades and industry, 7 14 marketing, business and office, health, andcommercial7 15subjects, and home economicsfamily and consumer sciences. 7 16 3. Promote and aid in the establishmentin local7 17communities and public schoolsofdepartments and classes7 18givingprograms providing instruction in subjects listed in 7 19 subsection 2. 7 20 5. Make recommendations to the board of educational 7 21 examiners relating to the enforcement of rules prescribing 7 22 standards for teachersof subjectsin programs listed in 7 23 subsection 2 inaccredited schools, departments, and classes7 24 educational agencies. 7 25 6.Co-operateCooperate in the maintenance of practitioner 7 26 preparationschools, departments, and classes, supported and7 27controlled by the public,programs for thetraining7 28 preparation of teachers and supervisors ofsubjectsprograms 7 29 listed in subsection 2. 7 30 10. Enforce rules prescribing standards for approval of 7 31 vocational education programsin schools, departments, and7 32classes. 7 33 Sec. 17. Section 258.4, Code 1995, is amended by adding 7 34 the following new subsection: 7 35 NEW SUBSECTION. 13. Incorporate in the director's annual 8 1 report a full report of all receipts and expenditures under 8 2 this chapter. 8 3 Sec. 18. Section 258.5, Code 1995, is amended to read as 8 4 follows: 8 5 258.5 REIMBURSEMENT FROM FEDERAL AND STATE MONEYS. 8 6 If a school corporation maintains an approved vocational 8 7school, department, or classesprogram in accordance with the 8 8 rules adopted by the state board,and rules and standards8 9adopted by the board of educational examiners, and the state8 10plan for vocational education, adopted by the board for8 11vocational education and approved by the United States8 12department of education,the director of the department of 8 13 education shall reimburse the school corporation at the end of 8 14 the fiscal year for its expenditures for salaries and 8 15 authorized travel of vocational teachers from federal and 8 16 state funds. However, a school corporation shall not receive 8 17 from federal and state funds a larger amount than one-half the 8 18 sum which has been expended by the school corporation for that 8 19 particular type of program. If federal and state funds are 8 20 not sufficient to make the reimbursement to the extent 8 21 provided in this section, the director shall prorate the 8 22 respective amounts available to the corporations entitled to 8 23 reimbursement. 8 24The director may use federal funds to reimburse approved8 25practitioner preparation schools, departments, or classes for8 26the training of teachers of agriculture, home economics,8 27trades and industrial education, distributive education, and8 28for the training of guidance counselors.8 29 Sec. 19. Section 258.9, Code 1995, is amended to read as 8 30 follows: 8 31 258.9 LOCAL ADVISORY COUNCIL. 8 32 The board of directors of a school district that maintains 8 33 aschool, department, or class receiving federal or state8 34funds under this chaptervocational program shall, as a8 35condition of approval by the state board,appoint a local 9 1 advisory council for vocational education composed of public 9 2 members with emphasis on persons representing business, 9 3 agriculture, industry and labor. The local advisory council 9 4 shall give advice and assistance to the board of directors in 9 5 the establishment and maintenance ofschools, departments, and9 6classesvocational programs that receive federal or state 9 7 funds under this chapter. Local advisory councils may be 9 8 organized according to program area, school, community, or 9 9 region. The state board shall adopt rules requiring that the 9 10 memberships of local advisory councils fairly represent each 9 11 sex and minorities residing in the school district. Members 9 12 of an advisory council shall serve without compensation. 9 13 Sec. 20. Section 258.12, Code 1995, is amended to read as 9 14 follows: 9 15 258.12 CUSTODIAN OF FUNDS – REPORTS. 9 16 The treasurer of state shall be custodian of the funds paid 9 17 to the state from the appropriations made undersaidthe Act 9 18 of Congress as provided in section 258.1, and shall disburse 9 19 thesamefunds on vouchers audited as provided by law. The 9 20 treasurer of state shall report the receipts and disbursements 9 21of said fundsto the general assembly at eachbiennialregular 9 22 session. 9 23 Sec. 21. Section 260C.4, subsection 4, paragraphs e and f, 9 24 Code 1995, is amended to read as follows: 9 25 e. The director of the department of education shall give 9 26 a community college which is to be removed from the approved 9 27 list at least one year's notice. The notice shall be given by 9 28 registered or certified mail addressed to thesuperintendent9 29 chief executive officer of the community college and shall 9 30 specify the reasons for removal. The notice shall also be 9 31 sent by ordinary mail to each member of the board of directors 9 32 of the community college, and to the news media which serve 9 33 the merged area where the school is located; but any good 9 34 faith error or failure to comply with this sentence shall not 9 35 affect the validity of any action by the director. If, during 10 1 the year, the community college remedies the reasons for 10 2 removal and satisfies the director that it will thereafter 10 3 comply with the laws and approval standards, the director 10 4 shall continue the community college on the approved list and 10 5 shall transmit to the community college notice of the action 10 6 by registered or certified mail. 10 7 f. At any time during the year after notice is given, the 10 8 board of directors of the community college may request a 10 9 public hearing before the director of the department of 10 10 education, by mailing a written request to the director by 10 11 registered or certified mail. The director shall promptly set 10 12 a time and place for the public hearing, which shall be either 10 13 in Des Moines or in the affected merged area. At least thirty 10 14 days' notice of the time and place of the hearing shall be 10 15 given by registered or certified mail addressed to the 10 16superintendentchief executive officer of the community 10 17 college. At least ten days before the hearing, notice of the 10 18 time and place of the hearing and the reasons for removal 10 19 shall also be published by the department in a newspaper of 10 20 general circulation in the merged area where the community 10 21 college is located. 10 22 Sec. 22. Section 260C.4, subsection 4, paragraph h, Code 10 23 1995, is amended to read as follows: 10 24 h. This subsection is void and shall be stricken from the 10 25 Code effective June 30,19951998, except as provided in 10 26 section 260C.47. 10 27 Sec. 23. Section 260C.5, subsections 1 and 9, Code 1995, 10 28 are amended to read as follows: 10 29 1. Designate a community college as an "area vocational 10 30 education school" within the meaning of, and for the purpose 10 31 of administering,the Act of Congress designated the10 32"Vocational Education Act of 1963"federal vocational 10 33 education legislation. A community college shall not be so 10 34 designated by the director of the department of education for 10 35 the expenditure of funds under 20 U.S.C. }35c(a)(5), which 11 1 has not been designated and classified as a community college 11 2 by the state board. 11 3 9. Make arrangements with boards of merged areas and local 11 4 school districts to permit students attending high school to 11 5 participate in vocational-technical programs and advanced 11 6 college placement courses and obtain credit for such 11 7 participation for application toward the completion of a high 11 8 school diploma.The granting of credit is subject to the11 9approval of the director of the department of education.11 10 Sec. 24. Section 260C.5, subsection 6, Code 1995, is 11 11 amended by striking the subsection. 11 12 Sec. 25. Section 260C.14, subsection 8, Code 1995, is 11 13 amended to read as follows: 11 14 8. Set the salary of thearea superintendentchief 11 15 executive officer of the director district. In setting the 11 16 salary, the board shall consider the salaries of 11 17 administrators of educational institutions in the merged area 11 18 and the enrollment of the community college. 11 19 Sec. 26. Section 260C.35, Code 1995, is amended to read as 11 20 follows: 11 21 260C.35LIMITATION ONSALE OF LAND. 11 22A merged area shall not purchase land which will increase11 23the aggregate of land owned by the merged area, excluding land11 24acquired by donation or gift, to more than three hundred11 25twenty acres without the approval of the director of the11 26department of education. The limitation does not apply to a11 27merged area owning more than three hundred twenty acres,11 28excluding land acquired by donation or gift, prior to January11 291, 1969.11 30With the approval of the director of the department of11 31education, theThe board of directors of a merged area at any 11 32 time may sell any land in excess of one hundred sixty acres 11 33 owned by the merged area, and an election is not necessary in 11 34 connection with the sale. The proceeds of the sale may be 11 35 used for any of the purposes stated in section 260C.22. This 12 1paragraphsection is in addition to any authority under other 12 2 provisions of law. 12 3 Sec. 27. Section 260C.38, unnumbered paragraphs 1 and 3, 12 4 Code 1995, are amended to read as follows: 12 5 The board of directors may, with the approval of the12 6director of the department of education,enter into lease 12 7 agreements, with or without purchase options, not to exceed 12 8 twenty years in duration, for the leasing or rental of 12 9 buildings for use basically as classrooms, laboratories, 12 10 shops, libraries, and study halls for community college 12 11 purposes, and pay for the leasing or rental with funds 12 12 acquired pursuant tosectionsections 260C.17,section12 13 260C.18, andsection260C.22.However, lease agreements12 14extending for less than ten years and for less than twenty-12 15five thousand dollars per year need not be submitted to the12 16director of the department of education for approval.12 17 Before entering into a lease agreement with a purchase 12 18 option for a building to be constructed, or placed, upon real 12 19 estate owned by the community college, the board shall first 12 20 adopt plans and specifications for the proposed building which 12 21 it considers suitable for the intended use, and the board 12 22 shall also adopt the proposed terms of the lease agreement and 12 23 purchase option.Upon obtaining the approval of the director12 24of the department of education, if approval of the director is12 25required, theThe board shall invite bids, by advertisement 12 26 published once each week for two consecutive weeks in the 12 27 county where the building is to be located. The lease 12 28 agreement shall be awarded to the lowest responsible bidder, 12 29 or the board may reject all bids and readvertise for new bids. 12 30 Sec. 28. Section 260C.47, subsection 1, unnumbered 12 31 paragraph 1, Code 1995, is amended to read as follows: 12 32 The state board of education shall establish an 12 33 accreditation process for community college programs by July 12 34 1,19941997. The process shall be jointly developed and 12 35 agreed upon by the department of education and the community 13 1 colleges. The state accreditation process shall be integrated 13 2 with the accreditation process of the north central 13 3 association of colleges and schools, including the evaluation 13 4 cycle, the self-study process, and the criteria for 13 5 evaluation, which shall incorporate the standards for 13 6 community colleges developed under section 260C.48; and shall 13 7 identify and make provision for the needs of the state that 13 8 are not met by the association's accreditation process. If a 13 9 joint agreement has not been reached by July 1,19941997, the 13 10 approval process provided under section 260C.4, subsection 4, 13 11 shall remain the required accreditation process for community 13 12 colleges. For the academic year commencing July 1,19951998, 13 13 and in succeeding school years, the department of education 13 14 shall use a two-component process for the continued 13 15 accreditation of community college programs. 13 16 Sec. 29. Section 260C.47, subsection 6, Code 1995, is 13 17 amended to read as follows: 13 18 6. The director of the department of education shall give 13 19 a community college which has a program which fails to meet 13 20 accreditation standards at least one year's notice prior to 13 21 removal of accreditation of the program. The notice shall be 13 22 given by certified mail or restricted certified mail addressed 13 23 to thesuperintendentchief executive officer of the community 13 24 college and shall specify the reasons for removal of 13 25 accreditation of the program. The notice shall also be sent 13 26 by ordinary mail to each member of the board of directors of 13 27 the community college. Any good faith error or failure to 13 28 comply with the notice requirements shall not affect the 13 29 validity of any action by the director. If, during the year, 13 30 the community college remedies the reasons for removal of 13 31 accreditation of the program and satisfies the director that 13 32 the community college will comply with the accreditation 13 33 standards for that program in the future, the director shall 13 34 continue the accreditation of the program of the community 13 35 college and shall transmit notice of the action to the 14 1 community college by certified mail or restricted certified 14 2 mail. 14 3 Sec. 30. Section 282.4, subsection 3, Code Supplement 14 4 1995, is amended to read as follows: 14 5 3. Notwithstanding section 282.6, if a student has been 14 6 expelled or suspended from a public or nonpublic school and 14 7 has not met the conditions of the expulsion or suspensionand14 8if the student, or the parent or guardian of the student,14 9changes district of residence, the student shall not be 14 10enrolledpermitted to enroll inthe newa school districtof14 11residenceuntil the board of directors of thenewschool 14 12 districtof residenceapproves, by a majority vote, the 14 13 enrollment of the student. 14 14 Sec. 31. Section 282.5, Code Supplement 1995, is amended 14 15 to read as follows: 14 16 282.5 READMISSION OF STUDENT. 14 17 When a student is suspended by a teacher, principal, or 14 18 superintendent, pursuant to section 282.4, the student may be 14 19 readmitted by the teacher, principal, or superintendent when 14 20 the conditions of the suspension have been met, but when 14 21 expelled by the board the student may be readmitted only by 14 22 the board or in the manner prescribed by the board. 14 23 Sec. 32. Section 282.30, subsection 1, paragraph b, 14 24 unnumbered paragraph 2, Code 1995, is amended to read as 14 25 follows: 14 26 An area education agency shall not provide educational 14 27 services to a facility specified in paragraph "a" unless the 14 28 facility makes a request for educational services to the area 14 29 education agency byDecemberJanuary 1 of the school year 14 30 prior to the beginning of the school year for which the 14 31 services are being requested. 14 32 Sec. 33. Section 282.31, subsection 1, paragraph a, Code 14 33 Supplement 1995, is amended to read as follows: 14 34 a. A child who lives in a facility pursuant to section 14 35 282.30, subsection 1, paragraph "a", and who is not enrolled 15 1 in the educational program of the district of residence of the 15 2 child, shall receive appropriate educational services. The 15 3 area education agency shall submit a proposed program and 15 4 budget to the department of education byJanuaryFebruary 1 15 5 for the next succeeding school year. The department of 15 6 education shall review and approve or modify the program and 15 7 proposed budget and shall notify the department of revenue and 15 8 finance and the area education agency of its action by 15 9FebruaryMarch 1. 15 10 PARAGRAPH DIVIDED. The department of revenue and finance 15 11 shall pay the approved budget amount for an area education 15 12 agency in monthly installments beginning September 15 and 15 13 ending June 15 of the next succeeding school year. The 15 14 installments shall be as nearly equal as possible as 15 15 determined by the department of management, taking into 15 16 consideration the relative budget and cash position of the 15 17 state's resources. The department of revenue and finance 15 18 shall transfer the approved budget amount for an area 15 19 education agency from the moneys appropriated under section 15 20 257.16 and make the payment to the area education agency. 15 21 PARAGRAPH DIVIDED. The area education agency shall submit 15 22 an accounting for the actual cost of the program to the 15 23 department of education by August 1 of the following school 15 24 year. The department shall review and approve or modify all 15 25 expenditures incurred in compliance with the guidelines 15 26 pursuant to section 256.7, subsection 10, and shall notify the 15 27 department of revenue and finance of the approved accounting 15 28 amount. The approved accounting amount shall be compared with 15 29 any amounts paid by the department of revenue and finance to 15 30 the area education agency and any differences added to or 15 31 subtracted from the October payment made under this paragraph 15 32 for the next school year. Any amount paid by the department 15 33 of revenue and finance shall be deducted monthly from the 15 34 state foundation aid paid under section 257.16 to all school 15 35 districts in the state during the subsequent fiscal year. The 16 1 portion of the total amount of the approved budget that shall 16 2 be deducted from the state aid of a school district shall be 16 3 the same as the ratio that the budget enrollment for the 16 4 budget year of the school district bears to the total budget 16 5 enrollment in the state for that budget year in which the 16 6 deduction is made. 16 7 Sec. 34. Section 285.2, unnumbered paragraph 5, Code 16 8 Supplement 1995, is amended to read as follows: 16 9 Claims shall be accompanied by an affidavit of an officer 16 10 of the public school district affirming the accuracy of the 16 11 claim.By February 1 and on or about June 15Claims for 16 12 reimbursement shall be made to the department of education by 16 13 January 31 and July 15 of each school year,on forms 16 14 prescribed by the department. The department shall certify to 16 15 the department of revenue and finance the amounts of approved 16 16 claims to be paid, and the department of revenue and finance 16 17 shall draw warrants payable to school districts which have 16 18 established claims. Claims shall be allowed where practical, 16 19 and at the option of the public school district of the pupil's 16 20 residence, subject to approval by the area education agency of 16 21 the pupil's residence, under section 285.9, subsection 3, the 16 22 public school district of the pupil's residence may transport 16 23 a pupil to a school located in a contiguous public school 16 24 district outside the boundary lines of the public school 16 25 district of the pupil's residence. The public school district 16 26 of the pupil's residence may contract with the contiguous 16 27 public school district or with a private contractor under 16 28 section 285.5 to transport the pupils to the school of 16 29 attendance within the boundary lines of the contiguous public 16 30 school district. The public school district in which the 16 31 pupil resides may contract with the contiguous public school 16 32 district or with a private contractor under section 285.5 to 16 33 transport the pupil from the pupil's residence or from 16 34 designated school bus collection locations to the school 16 35 located within the boundary lines of the contiguous public 17 1 school district, subject to the approval of the area education 17 2 agency of the pupil's residence. The public school district 17 3 of the pupil's residence may utilize the reimbursement 17 4 provisions of section 285.1, subsection 3. 17 5 Sec. 35. Section 285.3, Code 1995, is amended by striking 17 6 the section and inserting in lieu thereof the following: 17 7 285.3 PARENTAL REIMBURSEMENT FOR NONPUBLIC SCHOOL STUDENT 17 8 TRANSPORTATION. 17 9 1. A parent or guardian of a student attending an ac- 17 10 credited nonpublic school, who furnishes transportation for 17 11 the student pursuant to section 285.1, and who meets the 17 12 requirements of subsection 2, is entitled to reimbursement 17 13 equal to an amount calculated under the provisions of section 17 14 285.1, subsection 3. In addition, parents or guardians who 17 15 transport one or more family members more than four miles to 17 16 their accredited nonpublic schools of attendance shall be 17 17 entitled to one supplemental mileage payment per family, per 17 18 claim period, equal to fifteen percent of the parental 17 19 reimbursement amount, rounded to the nearest whole dollar, 17 20 when calculated under the provisions of section 285.1, 17 21 subsection 3. 17 22 2. To qualify for parental reimbursement under subsection 17 23 1, a parent or guardian of a student attending an accredited 17 24 nonpublic school, who furnishes transportation for the student 17 25 pursuant to section 285.1, shall submit a claim for 17 26 reimbursement to the resident public school district, 17 27 notifying the district that the student is enrolled and 17 28 attending an accredited nonpublic school. Claims for 17 29 reimbursement shall be filed with the district by December 1 17 30 and May 1 annually and shall include the name, age, and grade 17 31 level of the student and the name of the accredited nonpublic 17 32 school and its location. The district shall submit claims for 17 33 reimbursement to the department of education on behalf of the 17 34 parent or guardian if the parent or guardian meets the 17 35 requirements of this section. 18 1 Sec. 36. Section 299A.8, Code 1995, is amended to read as 18 2 follows: 18 3 299A.8 DUAL ENROLLMENT. 18 4 If a parent, guardian, or legal custodian of a child who is 18 5 receiving competent private instruction under this chapter 18 6 submits a request, the child shall also be registered in a 18 7 public school for dual enrollment purposes. If the child is 18 8 enrolled in a public school district for dual enrollment 18 9 purposes, the child shall be permitted to participate in any 18 10 academic activities in the district and shall also be 18 11 permitted to participate on the same basis as public school 18 12 children in any extracurricular activities available to 18 13 children in the child's grade or group, and the parent, 18 14 guardian, or legal custodian shall not be required to pay the 18 15 costs of any annual evaluation under this chapter. If the 18 16 child is enrolled for dual enrollment purposes, the child 18 17 shall be included in the public school's basic enrollment 18 18 under section 257.6, subsection 1, paragraph "a", if the child 18 19 participates in three or more academic courses, or under 18 20 section 257.6, subsection 1, paragraph "f", if the child 18 21 participates in less than three academic courses. 18 22 Sec. 37. REPEALS. Sections 258.6, 258.10, and 258.13, 18 23 Code 1995, are repealed. 18 24 Sec. 38. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 18 25 The sections of this Act which amend section 260C.4, 18 26 subsection 4, paragraph "h", and section 260C.47, subsection 18 27 1, unnumbered paragraph 1, being deemed of immediate 18 28 importance, take effect upon enactment and apply retroactively 18 29 to June 30, 1994. 18 30 EXPLANATION 18 31 This bill makes numerous technical statutory revisions 18 32 relating to the department of education, vocational education, 18 33 community colleges, special area education programs, dual 18 34 enrollment, and payment of claims for nonpublic school pupil 18 35 transportation. 19 1 11.6(1)(a), unnumbered paragraph 1: Requires the 19 2 individual conducting a school audit to notify, if a financial 19 3 condition statement is present in the annual audit report of a 19 4 school district, by certified mail, the members of the 19 5 district board and the chair of the school budget review 19 6 committee. 19 7 15.103, unnumbered paragraph 1, 15E.166(1)(c), 73.18, 19 8 256.82(1)(b)(2), 256.31(1)(c), 260C.4(4)(e) and (f), 19 9 260C.14(8), and 260C.47(6): Change references to the area 19 10 superintendent or president of a community college to the 19 11 chief executive officer of the community college. 19 12 256.9(42): Eliminates a provision directing the director 19 13 of the department of education to develop an application and 19 14 review process for approval of administrative and program 19 15 sharing agreements between two or more community colleges or a 19 16 community college and a state university. That responsibility 19 17 is provided for in more detail in section 260C.46. 19 18 256.11(5)(h), unnumbered paragraph 1, 256.11B, and 19 19 258.4(2): Update language by striking references to home 19 20 economics occupations. 19 21 256.11(9) and 256.11A(1) and (2): The education standards 19 22 in section 256.11 previously included a requirement that 19 23 certain schools and school districts have a media specialist, 19 24 media center, and an articulated sequential guidance program. 19 25 Section 256.11A includes a provision that permits schools to 19 26 apply to the department for a waiver from these requirements. 19 27 The requirements were stricken from section 256.11 in 1994, 19 28 but the administrative rules maintain the requirement. The 19 29 bill reestablishes the requirement within the education 19 30 standards in section 256.11. 19 31 257.6(1)(f) and 299A.8: Provide that a child who enrolls 19 32 under dual enrollment and participates in three or more 19 33 courses is counted as a pupil for purposes of a school 19 34 district's annual enrollment. A child who enrolls under dual 19 35 enrollment, but participates in less than three courses, is 20 1 counted as one-tenth of one pupil. 20 2 257.31: Permits the school budget review committee to 20 3 request an audit of the accounts of a school district or area 20 4 education agency. 20 5 258.3A(1) and 258.4(1): References to the federal board of 20 6 vocational education, which has been eliminated, are replaced 20 7 with references to the United States department of education. 20 8 258.3A(2): Strikes a reference to the adoption of rules 20 9 prescribing standards for teachers of vocational education. 20 10 258.3A(3), 258.4(2), (3), (5), (6), and (10), 258.5, 20 11 unnumbered paragraph 1, 258.6, and 258.9: Replace references 20 12 to vocational schools, departments, and classes, and other 20 13 examples of possible vocational programs with the more general 20 14 term "vocational programs". 20 15 258.4(13) and 258.13: Amend the provision currently 20 16 codified in section 258.13, establishing a duty of the 20 17 director of the department of education to include in a 20 18 biennial report receipts and expenditures under the vocational 20 19 education chapter, to reflect the current practice of 20 20 submitting the report annually, and transfers the provision to 20 21 section 258.4, which establishes the director's duties under 20 22 the chapter. 20 23 258.5, unnumbered paragraph 2: Eliminates a reference in 20 24 the vocational education chapter to the disbursement of 20 25 federal funds as reimbursement for practitioner preparation 20 26 programs. 20 27 258.10: Eliminates a provision authorizing school 20 28 districts to provide vocational education and to pay for the 20 29 education as the district pays for other programs. Section 20 30 256.11, the section on educational standards, addresses the 20 31 provision of the vocational education areas identified in the 20 32 repeal section. 20 33 258.12: Updates a requirement that the treasurer of state 20 34 report the receipt of federal vocational education funds to 20 35 the general assembly to reflect the current practice of 21 1 providing the report annually, rather than biennially. 21 2 260C.4(4)(h) and 260C.47(1), unnumbered paragraph 1: 21 3 Timelines for the use and establishment of approval and 21 4 accreditation processes relating to community colleges are 21 5 delayed from 1994 to 1997, and from 1995 to 1998. These 21 6 provisions take effect upon enactment and apply retroactively 21 7 to June 30, 1994. 21 8 260C.5(1): Reference to the federal "Vocational Education 21 9 Act of 1963" in the community colleges chapter is replaced 21 10 with a general reference to federal vocational education 21 11 legislation. 21 12 260C.5(9): Strikes language giving the director of the 21 13 department of education the authority to grant credit to high 21 14 school students who participate in community college programs, 21 15 leaving the granting of credit to the discretion of the 21 16 community college boards and the school district boards. 21 17 260C.5(6), 260C.35, and 260C.38, unnumbered paragraphs 1 21 18 and 3: Eliminate provisions requiring the director of the 21 19 department of education to approve or disapprove a lease 21 20 agreement for space needed by a community college, or sites, 21 21 buildings, or land to be acquired, erected, or remodeled for 21 22 use by community colleges. 21 23 282.4: Provides that a student who has been expelled or 21 24 suspended from school, and has not met the conditions of the 21 25 expulsion or suspension, shall not be permitted to enroll in a 21 26 school district without the approval of a majority of the 21 27 board members of the school district. 21 28 282.5: Permits a teacher, principal, or superintendent who 21 29 suspended a student to readmit the student only when the 21 30 conditions of the suspension have been met. 21 31 282.30(1)(b), unnumbered paragraph 2, and 282.31(1)(a): 21 32 The deadline by which shelter care homes and juvenile 21 33 detention homes must request educational services of an area 21 34 education agency is moved from December 1 to January 1; by 21 35 which an area education agency must submit for approval a 22 1 proposed special program and budget to the department of 22 2 education is revised from January 1 to February 1; and by 22 3 which the department of education must review and approve the 22 4 program and budget is changed from February 1 to March 1. 22 5 285.2 and 285.3: Section 285.3 currently specifies the 22 6 amount of the base parental reimbursement for nonpublic school 22 7 student transportation by using the basic formula established 22 8 in section 285.1, subsection 3, pertaining to transportation 22 9 when necessary to implement a whole grade sharing agreement or 22 10 where transportation by school bus is impracticable or not 22 11 available, except that section 285.3 limits the number of 22 12 students used in the calculation to all elementary students 22 13 and two high school students, and section 285.1, subsection 3, 22 14 provides a limitation of three elementary students and one 22 15 high school student. The bill eliminates the different 22 16 limitation provided in section 285.3. 22 17 Moreover, the bill changes the formula for calculating a 22 18 supplemental payment for a parent or guardian transporting a 22 19 student more than four miles to a nonpublic school. Current 22 20 section 285.3 provides a formula based upon all of the base 22 21 payments made to parents or guardians of nonpublic school 22 22 students under section 285.1, subsection 3 and section 285.3. 22 23 The bill provides that a parent or guardian is entitled to a 22 24 supplemental payment equal to 15 percent of the parent or 22 25 guardian's base reimbursement amount. The section also 22 26 requires parents or guardians to submit claims for 22 27 reimbursement to a school district by December 1 and May 1. 22 28 The bill amends section 285.2 to require districts to 22 29 submit claims for reimbursement by January 31 and July 15, and 22 30 removes the deadline by which the department is required to 22 31 certify the amount of the claims to the department of revenue 22 32 and finance. 22 33 BACKGROUND STATEMENT 22 34 SUBMITTED BY AGENCY 22 35 This is the department's annual statutory bill, which is 23 1 designed to correct outdated language, eliminate obsolete 23 2 provisions, and streamline certain practices. The changes are 23 3 as follows: 23 4 11.6(1)(a), unnumbered paragraph 1: Requires the 23 5 individual auditing and school district to notify, by 23 6 certified mail, school board members and the chairman of the 23 7 school budget review committee, of a school district's 23 8 negative balance in one or more accounts. 23 9 15.103, unnumbered paragraph 1, 15E.166(1)(c), 73.18, 23 10 256.31(1)(c), 256.82(1)(b)(2), 260C.4(4)(e) and (f), 23 11 260C.14(8), and 260C.47(6): Update the community college 23 12 title of area or community college superintendent or president 23 13 to the current title of chief executive officer. 23 14 256.9(42): Strikes the requirement that the director 23 15 develop an application and review process for approval of 23 16 administrative and program sharing between two community 23 17 colleges or a community college and regents institution. This 23 18 requirement is contained in section 260C.46. 23 19 256.11(5)(h), unnumbered paragraph 1, 256.11B, and 23 20 258.4(2): Remove references to home economics occupations. 23 21 The term has been replaced with the current reference of 23 22 "family and consumer sciences occupations". 23 23 256.11(9) and 256.11A(1) and (2): Insert the media and 23 24 guidance standard that was inadvertently removed during the 23 25 1994 session. During the 1995 session, the general assembly 23 26 extended the waiver from the standard until the 1997 school 23 27 year. 23 28 257.6(1)(f) and 299A.8: Allow a home school student who 23 29 dual enrolls to be counted as a full-time student if the 23 30 student is enrolled in three or more academic classes at the 23 31 public school. Students enrolling in less than three classes 23 32 would be counted at the current one-tenth level. This change 23 33 is needed to adequately compensate school districts for those 23 34 home students who opt to have the public school provide a 23 35 significant portion of their educational experience. 24 1 257.31: Gives the school budget review committee the 24 2 discretionary authority to require a school district to have 24 3 an audit of accounts conducted by the state auditor. 24 4 258.3A(1) and (3), 258.4(1), (2), (3), (5), (6), and (10), 24 5 258.5, 258.6, and 258.9: Update the Code to remove references 24 6 to the "federal board of vocational education", which does not 24 7 exist. The reference is replaced by a reference to the United 24 8 States department of education. These sections also update 24 9 references to areas of vocational education. Also, the bill 24 10 strikes provisions relating to the use of federal funds, 24 11 because the federal moneys are determined by federal law. The 24 12 state funds have been distributed in the manner described in 24 13 the current law, but the federal dollars have not been 24 14 distributed in this manner. Section 258.9 replaces current 24 15 references to schools, departments, and classes with the 24 16 general term "vocational programs". 24 17 258.3A(2): Eliminates language that placed the 24 18 responsibility for prescribing standards for teachers of 24 19 vocational education. The board of educational examiners has 24 20 been given that authority. 24 21 258.4(13), 258.10, and 258.13: Section 258.10, authorizing 24 22 school districts to provide vocational education and to pay 24 23 for the education as the district pays for other programs, is 24 24 repealed. The Code addresses the provision of the vocational 24 25 education areas identified in the eliminated section under the 24 26 section on educational standards, section 256.11. Section 24 27 258.13, a provision requiring the director of the department 24 28 of education to make a biennial report relating to vocational 24 29 education receipts and expenditures, is also repealed, but the 24 30 reporting requirement is added to section 258.4, pertaining to 24 31 the director's duties, and is changed to an annual, rather 24 32 than biennial, report. 24 33 258.12: Requires the treasurer of state to submit a report 24 34 on the receipts and disbursements relating to vocational 24 35 education to the general assembly annually, to reflect current 25 1 practice. 25 2 260C.4(4)(h) and 260C.47(1), unnumbered paragraph 1: Move 25 3 the dates by which the department of education shall have 25 4 established an accreditation process relating to community 25 5 colleges from 1994 and 1995 to 1997 and 1998. The date by 25 6 which the interim approval process is void is moved from 1995 25 7 to 1998. The last section of the bill provides that these 25 8 provisions take effect upon enactment and are retroactively 25 9 applicable to June 30, 1994. 25 10 260C.5(1): Updates Code language to allow the state to 25 11 qualify for funds under all federal vocational Acts instead of 25 12 requiring an amendment to this section each time the name of 25 13 the federal Act is changed. 25 14 260C.5(6), 260C.35, and 260C.38, unnumbered paragraphs 1 25 15 and 3: Strike the requirement that the director approve the 25 16 acquisition, sale, remodeling, and leasing of community 25 17 college property and facilities. Given the strong governing 25 18 structure in place at each community college, these provisions 25 19 are no longer needed. 25 20 260C.5(9): Strikes a requirement that the director of the 25 21 department of education authorize credit for high school 25 22 students who participate in community college programs because 25 23 the granting of credit be left to the discretion of the 25 24 schools and the community colleges. 25 25 282.4(3): Requires a school board to vote to admit any 25 26 student who has been expelled or suspended from a public or 25 27 nonpublic school. Current law only allows a school board to 25 28 vote to admit students expelled from public schools. 25 29 282.30(1)(b), unnumbered paragraph 2, and 282.31(1)(a): 25 30 Bring the application deadlines for various juvenile home 25 31 special programs provided by area education agencies in line 25 32 with the submission of the rest of the area education agency 25 33 budget approval process. 25 34 285.2: Corrects a change made in the 1994 generally 25 35 accepted accounting principles (GAAP) bill that moved from 26 1 July 15 to June 15 the date for the department to report the 26 2 nonpublic school transportation aid payments to the department 26 3 of revenue and finance. The July 15 date is needed to make 26 4 the state nonpublic school transportation aid payments 26 5 coincide with the state aid payments for nonpublic textbooks. 26 6 285.3: Allows for a more timely processing of supplemental 26 7 reimbursement for nonpublic school student transportation. 26 8 Under the current system, the department cannot calculate the 26 9 amount of supplemental reimbursement until all claims have 26 10 been processed. Historically, the claims represent 26 11 approximately 15 percent of the parental reimbursement amount. 26 12 This section eliminates the need to wait for all claims to be 26 13 received by basing the supplemental reimbursements on 15 26 14 percent of the parental reimbursement rate. 26 15 LSB 3374DP 76 26 16 kh/jj/8.2
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