1996 SUMMARY OF LEGISLATION

EDUCATION

EDUCATION LEGISLATION

SENATE FILE 2063 - School Improvement Technology Program (full text of bill)

BY COMMITTEE ON EDUCATION. This Act establishes the School Improvement Technology Program for the allocation of funds to elementary and secondary education entities for the acquisition of instructional technology. The Act appropriates $15 million to the Department of Education from the Rebuild Iowa Infrastructure Account and $15 million from the State General Fund for FY 1997, and creates a standing limited appropriation of $30 million from the State General Fund for each of the next four fiscal years, FY 1998 through FY 2001.
The Department of Education is directed to allocate funds to school districts, which the Act defines as including the Iowa Braille and Sight Saving School, the State School for the Deaf, the Price Laboratory School at the University of Northern Iowa, the State Training School, the Iowa Juvenile Home, Woodward State Hospital-School, and Glenwood State Hospital-School, based upon the proportion that the basic enrollment of a district bears to the sum of the basic enrollments of all school districts in the state. However, a school district will receive not less than $15,000 per year.
The department is also directed to allocate $450,000 to the area education agencies (AEAs) and distribute the funds based on each AEA's percentage of the total full-time elementary and secondary teachers employed in the school districts.
All elementary and secondary educational institutions are required under the Act to adopt technology plans supporting school improvement technology efforts and improve student achievement. District plans are further required to include an evaluation component. Each AEA plan, under the Act, is required to explain the assistance and support the AEA will provide to the districts.
Funds allocated to school districts, as defined by the Act, shall be used for the acquisition, lease, lease-purchase, installation, and maintenance of instructional technology equipment, and for staff development and training related to instructional technology. Funds allocated to AEAs are for paying the costs related to supporting school districts served with technology planning and equipment and for staff development and training related to instructional technology. The Act prohibits the use of funds for collective bargaining or to increase staffing.
The chapter creating the School Improvement Technology Program is repealed effective July 1, 2001.

SENATE FILE 2082 - School Finance -- State Percent of Growth (full text of bill)

BY COMMITTEE ON EDUCATION. This Act sets the state percent of growth under the State School Foundation Program at 3.5 percent for the budget years beginning July 1, 1997, and July 1, 1998. The Iowa Code provides that the state percent of growth for subsequent budget years be set by statute in the year preceding the base year. Current Code sets the state percent of growth at 3.3 percent for the budget year beginning July 1, 1996.
The Act takes effect January 1, 1997, for school budget years beginning after that date.

SENATE FILE 2083 - Minimum School Day Requirements (full text of bill)

BY COMMITTEE ON EDUCATION. This Act permits a school week of four rather than five consecutive school days if, because of additional hours devoted to parent-teacher conferences scheduled beyond the regular school day, a school district achieves the minimum 27.5 total number of instructional hours within the first four consecutive days.

SENATE FILE 2157 - Postsecondary Schools and Loan Programs (full text of bill)

BY COMMITTEE ON EDUCATION. This Act conforms Iowa Code provisions to federal requirements relating to the duties of the College Student Aid Commission and the Iowa Guaranteed Loan Program, and creates a Chiropractic Loan Revolving Fund. The Act also augments the requirements for registration by a postsecondary school in Iowa and increases the registration fees.
The Act permits the commission to collect an insurance premium and to reimburse eligible lenders for defaulted loans in the amount authorized by the federal Higher Education Act of 1965. Current law sets the figure while the Acts ties the amount to that authorized by the federal Higher Education Act of 1965.
Language creating the Chiropractic Graduate Student Forgivable Loan Program was enacted in S.F. 266 in 1995. This Act makes the language of the program comparable to the Osteopathic Forgivable Loan Program by adding a provision allowing the commission to sell unforgiven loans due for repayment to a financial institution eligible to participate in the federal Guaranteed Student Loan Program. The Act provides that a forgivable loan to an eligible student does not become due until one year after the student has graduated.
The Act also creates a Chiropractic Loan Revolving Fund, the language of which differs from the Osteopathic Loan Revolving Fund only in that the commission may withhold, from deposit into the fund, the costs of collection on delinquent chiropractic loans. The commission is directed to deposit payments made by loan recipients and the proceeds from the sale of chiropractic loans into the revolving fund, less the costs of collection of delinquent chiropractic loans.
Any school that has a "presence," which is defined in the Act as maintaining an address in Iowa, and maintains or conducts one or more courses, including correspondence courses, offered in Iowa, or which has a presence in Iowa and offers courses in other states or foreign countries, must register with the Secretary of State. Currently, only those schools that are actually offering, maintaining and conducting courses, including correspondence courses, in Iowa are required to register with the secretary.
Schools meeting the requirements of registration are currently given certificates of registration. Under the Act, they are issued an "acknowledgment of document filed." The secretary makes the final determination on each registration. However, the secretary's decision is subject to judicial review.
The secretary is directed to utilize the State Advisory Committee for Postsecondary School Registration in reviewing new and continuing registrations and the committee is directed to serve as an advisory review board for the secretary. The secretary is added to the board's membership and shall serve as the board's chairperson.
The Act adds a new registration requirement that a school offering courses or programs of study leading to a degree shall be accredited by an agency or organization approved or recognized by the United States Department of Education and approved for operation by the appropriate state agencies in all other states in which it operates. A school is exempt from the section if its programs are limited to nondegree specialty vocational training programs.
The following information is added to the registration information the school is required to submit when requesting registration: the locations where instruction is likely to be given in this state, along with the principal locations of the school in other states and foreign countries, and the names and titles and descriptions of the degrees to be offered in Iowa; and the academic and instructional methodologies and delivery systems to be used by the school and the extent to which the school anticipates each methodology and delivery system will be used, including but not limited to classroom instruction, correspondence, electronic telecommunications, independent study, and portfolio experience evaluation.
An exemption from the registration requirements is added for postsecondary institutions licensed in the state and for public and private postsecondary institutions accredited by the North Central Association of Colleges and Secondary Schools accrediting agency.
The current registration fee of $50 and the renewal fee of $25 are increased to $1,000 and $500, respectively.

SENATE FILE 2158 - Textbooks (full text of bill)

BY COMMITTEE ON EDUCATION. This Act changes and expands the definition of "textbooks" for purposes of Chapter 301 of the Iowa Code, which addresses textbook adoption, purchase and sale.
Currently, "textbooks" means books, book substitutes including reusable workbooks, loose-leaf or bound manuals, and computer software materials used as book substitutes. Under the Act, "textbook" means books, loose-leaf or bound manuals, systems of reusable instructional materials, or combinations of books and supplementary instructional materials which convey information to students or otherwise contribute to the learning process, or electronic textbooks, including but not limited to computer software, applications using computer-assisted instruction, interactive videodisc, and other computer courseware and magnetic media.

SENATE FILE 2159 - Evaluator Licensing of Educators (full text of bill)

BY COMMITTEE ON EDUCATION. This Act provides an alternative to double licensure for educators employed in a supervisory teaching or administrative capacity. Section 272.33 of the Iowa Code requires individuals responsible for administering teaching faculty performance evaluations in a supervisory capacity to complete coursework leading to an evaluator license, in addition to their teaching license. This Act provides that an evaluator endorsement attached to an educator's teaching license may be obtained instead of an independent evaluator license. This would enable educators to coordinate expiration and renewal dates with the underlying teaching or administrative license and simplify administrative recordkeeping.
Educators obtaining an evaluator endorsement would remain subject to evaluator licensing and renewal coursework requirements. Individuals who have previously been issued permanent professional education licenses would not be subject to license renewal, and accordingly, an evaluator endorsement could not be affixed. However, these individuals may continue to obtain a separate evaluator license.

SENATE FILE 2201 - Open Enrollment -- Instructional Support for Reorganized School Districts (full text of bill)

BY COMMITTEE ON EDUCATION. This Act changes open enrollment application deadlines, eliminates the requirement that parents give a reason for open enrolling on the application, permits the board of directors of a school district to grant the district superintendent the authority to approve open enrollment applications timely filed, provides that the amount paid for open enrollment students is the state per pupil cost for the previous year, strikes a requirement that a pupil attend the open enrollment district, and adds the removal or surrender of accreditation and the closing of a nonpublic school as good cause for making late application for open enrollment.
The Act also permits a school district participating in an instructional support program on or after July 1, 1995, which reorganizes effective July 1, 1996, to continue to participate for the budget year beginning July 1, 1996. However, the district is limited to imposing an income surtax of not more than 17 percent.
The deadline for making application for open enrollment is moved from October 30 to January 1. The date by which the board of the district of residence must take action on the application is moved from November 30 to February 1, and the date by which the receiving district must take action on the request is moved from December 31 to March 1.
The board of directors of the district of residence shall pay to the receiving district the state cost per pupil for the previous school year, plus any moneys received for the pupil as a result of the non-English-speaking weighting, for the previous school year, multiplied by the state cost for the previous year, along with the Phase III moneys allocated to the district of residence for the previous year for the pupil.
The definition of "good cause," for purposes of permitting a parent to submit, and a district to approve, a late application, is expanded to include the removal of accreditation by the state board, the surrender of accreditation, and the permanent closure of a nonpublic school.

SENATE FILE 2204 - Vocational Rehabilitation (full text of bill)

BY COMMITTEE ON EDUCATION. This Act provides for the operation of the Division of Vocational Rehabilitation Services of the Department of Education in a manner consistent with the most recently amended version of the federal Rehabilitation Act of 1973.
The federal Act no longer requires that the Vocational Rehabilitation Division be coordinated with the Board of Vocational Education. Previously, the State Board of Education met as the State Board of Vocational Education in establishing rules relating to the operation of the division. Provisions in Chapter 259 regarding the coordination between the Vocational Rehabilitation Division and the Board of Vocational Education and related provisions are accordingly removed.
Provisions in Section 259.4 concerning duties of the Vocational Rehabilitation Division relating to formulating and implementing written rehabilitation programs, conducting studies of the needs of individuals with disabilities in coordination with other state agencies, maintaining records, supervision of the progress of individuals with disabilities, and placement services relating to competitive, integrated employment are deleted. These provisions are addressed in the federal Act and related regulations and have required amendment every time an amendment to the federal Act or regulations occurred. In addition, a general duty to do what is necessary to secure the rehabilitation of those entitled to the benefits of the chapter is extended to include individuals with severe disabilities.
The Act also deletes a provision in Section 259.5 relating to a plan for cooperation between the Division of Vocational Rehabilitation and the State Labor Commissioner and State Industrial Commissioner, which is no longer required by the federal Act.
The Act provides for the designation of the northwest corner of the Jessie M. Parker Vocational Rehabilitation Building at the State Capitol complex in Des Moines as the Juliet Saxton Center.

SENATE FILE 2357 - School Finance -- Levy Adjustment (full text of bill)

BY RITTMER. This Act provides that a school corporation board may increase amounts certified for levy for principal and interest bonded indebtedness repayment if the board determines such increases are necessary to offset projected future machinery and equipment-related property valuation decreases and resulting revenue shortfalls in a district in which machinery and equipment valuation exceeds 20 percent of total taxable valuation.
The indebtedness shall have been incurred prior to July 1, 1995. The amount of the adjustment in any one year, when added to the amount originally certified, shall not exceed the lesser of the amount necessary for principal and interest repayment for the three-year period beginning on the date of the adjustment, 125 percent of the amount originally estimated and certified, or 110 percent of the total district levies for the fiscal year preceding the adjustment. Additionally, the amount of the adjustment, any machinery and equipment replacement moneys received as a result of the adjustment, and the original levy amount shall not exceed the total amount necessary for principal and interest repayment over the life of the issue.
The Act provides that the amounts collected attributable to this increase may be deposited in an account maintained separately from that created to hold the principal and interest revenues. An adjustment extending a levy beyond the earlier of 10 years from the original certification date, or June 30, 2007, shall not be permitted.

HOUSE FILE 121 - Taping and Broadcasting of Athletic Events (full text of bill)

BY CORMACK. This Act prohibits the Iowa High School Athletic Association and the Iowa Girls High School Athletic Union, or their respective successor organization, from assessing a charge for the videotape retransmission of a high school athletic tournament contest or event if the retransmission does not occur earlier than 24 hours after the start of the live contest or event.

HOUSE FILE 334 - Instructional Support Program -- Hearings and Elections (full text of bill)

BY CORNELIUS. This Act reduces the steps necessary before the board of directors of a school district may adopt a resolution for participation in the Instructional Support Program.
The Act permits the board to adopt the resolution at the hearing held to consider participation in the program. The Act strikes the provision requiring the board to announce at the hearing a date on which the board would take action to adopt the resolution. The Act also strikes certain provisions relating to the publication of the hearing notice. However, boards are still required to publish notice of the time and place of the hearing in a newspaper of general circulation in the school district between 10 and 20 days before the hearing.
In addition, the Act strikes current Code language requiring, if the board elects to submit the question of participation at the next regular election or a special election, that the election be held not later than December 1 of the base year.

HOUSE FILE 455 - Board of Educational Examiners -- Complaint Procedures (full text of bill)

BY HAMMITT BARRY AND NELSON OF POTTAWATTAMIE. This Act directs the Board of Educational Examiners to adopt rules relating to complaints filed with and accepted by the board.
The Act was substantially amended by H.F. 2477 (see Appropriations) to require that the board adopt rules requiring specificity in written complaints filed by individuals with personal knowledge of an alleged violation, providing that the board's jurisdictional requirements are met on the face of the complaint before initiating an investigation of allegations, providing that any investigation be limited to the allegations contained on the face of the complaint, providing for an adequate interval between the receipt of the complaint and public notice of the complaint, permitting parties to mutually agree on a resolution, allowing the respondent the right to review any investigative report upon a finding of probable cause for further action by the board, requiring that the conduct providing the basis for the complaint occurred within three years of discovery of the event by the complainant, and requiring complaints to be resolved within 180 days unless good cause can be shown for an extension.

HOUSE FILE 570 - Center for Gifted and Talented Education and Related Funding Provisions (full text of bill)

BY COMMITTEE ON APPROPRIATIONS. This Act changes the name of the National Center for Talented and Gifted Education to the International Center for Talented and Gifted Education and provides for the discontinuation of the current allocation of a portion of the interest from the Permanent School Fund to the endowment fund of the international center at such time as there is an appropriation by the General Assembly of $875,000 to the endowment fund of the international center, provided that the appropriation is made prior to July 1, 1998. The Act also provides authorization for payment of a portion of the interest from the Permanent School Fund to the endowment fund of the international center if an additional $1,350,000 is raised through private contributions to the international center endowment fund during a three-year period beginning July 1, 1995, until such time as a matching $675,000, on a 1-to-2 basis, is appropriated by the General Assembly to the endowment fund of the international center, provided that the appropriation is made on or after July 1, 1998.
The Act also expands the definition of the work of the International Center for Talented and Gifted Education. Portions of the Act were further amended by H.F. 2477 (see Appropriations).

RELATED LEGISLATION

SENATE FILE 2195 - Iowa Communications Network Appropriations (Complete summary under APPROPRIATIONS.)

This Act appropriates moneys to the Iowa Communications Network Fund for FY 1997 for debt service, the connection of a minimum of 110 Part III authorized users, the subsidization of video rates for certain authorized users, maintenance and lease costs, and support services. The Act also appropriates moneys to the State Board of Regents for the Center for Educational Technology at the University of Northern Iowa to coordinate staff development for educators using educational technology in Iowa.

SENATE FILE 2294 - Multidisciplinary Community Services Teams (Complete summary under HUMAN SERVICES.

This Act creates multidisciplinary community services teams in the county home rule chapter of the Iowa Code, Chapter 331. The members of a team are expressly authorized to disclose confidential information to one another concerning an individual or a family. Teams may include agencies providing education services.

SENATE FILE 2307 - Programs for Persons With Disabilities (Complete summary under CHILDREN & YOUTH.)

This Act relates to various programs for individuals with a disability and their families and provides for coordination of programs available to individuals with disabilities which are administered by the Departments of Human Services and Education.

SENATE FILE 2331 - False Academic Records (Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE.)

This Act establishes a criminal penalty for certain uses and false representations relating to academic degrees, grades or honors.

SENATE FILE 2351 - Economic Development Programs (Complete summary under ECONOMIC DEVELOPMENT.)

This Act makes changes and additions to several economic development programs, including the Workforce Development Fund Program and the Iowa Small Business New Jobs Training Act, and provides a supplemental new jobs credit from income tax withholding for certain employers.

SENATE FILE 2438 - Mental and Physical Conditions -- Terminology Changes and Related Matters (Complete summary under HUMAN SERVICES.

This Act makes numerous changes in terminology to various provisions pertaining to persons with certain mental and physical conditions, including changes to certain education provisions by changing the term "handicapped" and similar terms to instead refer to a person with a disability.

SENATE FILE 2449 - Tax Revisions and Related Matters (Complete summary under TAXATION.)

In Division II of this Act, the regular program foundation base for purposes of the state School Aid Program is increased from 83 percent to 87.5 percent, however, the portion that is attributable to additional enrollment because of special education remains at 79 percent.
Division II takes effect May 7, 1996, and applies to the computation of school foundation aid payable in budget years beginning on or after July 1, 1996.
Division VI of this Act expresses the General Assembly's support for the study of the Department of Education required in the education appropriations Act, H.F. 2477, and requests an additional goal be added to that of the study. This additional goal is for achieving parity between the percentage of regular program state cost per pupil and the percentage for that portion of weighted enrollment that is additional enrollment because of special education which constitute the regular program foundation base and the percentage of special education support services state cost per pupil which constitutes the special education support services foundation base.

SENATE FILE 2467 - Tuition and Textbook Income Tax Provisions (Complete summary under TAXATION.)

This Act increases the rate for elementary and secondary school tuition and textbook credit from 5 to 10 percent and makes the credit available to all taxpayers regardless of net income, and eliminates the income tax deduction for amounts paid for tuition and textbooks for dependents in elementary and secondary schools. The Act takes effect April 25, 1996, and applies retroactively to tax years beginning on or after January 1, 1996.

SENATE FILE 2470 - Miscellaneous Appropriations and Related Matters -- Economic Development Appropriations (Complete summary under APPROPRIATIONS.)

This Act relates to public levy, expenditure and regulatory matters by making standing, economic development and other appropriations and includes provisions relating to tuition grants for summer semesters, amending the standing appropriations for early childhood education and at-risk programs, and authorizing school boards to make rules relating to policing, control and regulation of traffic and parking on school grounds.

HOUSE FILE 514 - Special Registration Plates and Related Matters (Complete summary under TRANSPORTATION.)

This Act creates education motor vehicle registration plates and provides that moneys collected from sale of the plates be remitted to the School Budget Review Committee to be used for transportation assistance for school districts with an average transportation cost per pupil which exceeds the state average transportation cost per pupil by 150 percent. The Act also creates Iowa heritage plates and provides that 25 percent of the moneys collected from sale of the plates is allocated to the Department of Education to promote the teaching of history.
The Act takes effect January 1, 1997.

HOUSE FILE 2114 - Miscellaneous Supplemental Appropriations (Complete summary under APPROPRIATIONS.)

This Act includes an FY 1996 supplemental appropriation from the General Fund of the State to the Department of Education to provide assistance to school districts participating in a financial reporting pilot project and supplemental appropriations to the State School for the Deaf and the Iowa Braille and Sight Saving School for technology and other needs.

HOUSE FILE 2165 - Taxation of Industrial Machinery, Equipment and Computers (Complete summary under TAXATION.)

This Act requires a community college to notify a county assessor by February 15 of each year if the taxpayer's property will be taxed to finance either an industrial new jobs or small business training project in the coming fiscal year.

HOUSE FILE 2225 - Motorcycle Rider Education (Complete summary under TRANSPORTATION.)

This Act transfers the responsibility for approving and establishing the motorcycle rider education class and the motorized bicycle education class from the Department of Education to the State Department of Transportation.
The Act takes effect March 29, 1996.

HOUSE FILE 2256 - Implementation of New or Revised Federal Block Grants (Complete summary under LOCAL GOVERNMENT.)

This Act provides requirements for state agencies involving implementation of new or revised federal block grant provisions affecting political subdivisions of the state, including education agencies.

HOUSE FILE 2433 - Waste Tires (Complete summary under ENVIRONMENTAL PROTECTION.)

This Act relates to the management of waste tires by providing for the establishment of a Waste Tire Management Fund. The Act also encourages State Board of Regents institutions of higher learning to use waste tires for beneficial uses and directs that moneys may be awarded to such institutions to offset any increased costs incurred in using waste tires.

HOUSE FILE 2477 - Appropriations -- Education (Complete summary under APPROPRIATIONS.)

This Act appropriates moneys from the General Fund of the State to the College Student Aid Commission, the Department of Cultural Affairs, the Department of Education, and the State Board of Regents and its institutions. This year's Act appropriated a total of $788.8 million and provided 17,507.68 full-time equivalent positions (FTEs), which exceeds the Governor's recommendations by $500,000 and 6 FTEs and exceeds last year's education appropriations Act (S.F. 266) by $14.2 million and 54.2 FTEs. The Act includes numerous provisions affecting education and education programs.

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