Text: H08500 Text: H08502 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2366, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. DEPARTMENT OF EDUCATION. There is 1 6 appropriated from the general fund of the state to the 1 7 department of education for the fiscal year beginning 1 8 July 1, 1998, and ending June 30, 1999, the following 1 9 amount, or so much thereof as is necessary, to be used 1 10 for the purposes designated: 1 11 1. For frontier school or extended school year 1 12 grants: 1 13 .................................................. $ 500,000 1 14 By September 1, 1998, the department shall 1 15 establish criteria and a process for the awarding of 1 16 grants for planning or implementation purposes. 1 17 Grants shall be equitably distributed geographically 1 18 among rural and urban areas. Notwithstanding section 1 19 8.33, unencumbered or unobligated funds remaining on 1 20 June 30 of the fiscal year for which the funds were 1 21 appropriated shall not revert but shall be available 1 22 for expenditure for the following fiscal year for the 1 23 purposes of this subsection. 1 24 2. To the board of educational examiners, for 1 25 purposes of developing and implementing a multi-level 1 26 voluntary para-educator licensing system in accordance 1 27 with section 272.12, if enacted: 1 28 .................................................. $ 75,000 1 29 3. For deposit in the Iowa empowerment fund if 1 30 legislation providing for the creation of an Iowa 1 31 empowerment board, an Iowa empowerment fund, and for 1 32 the appropriation of moneys to be administered by a 1 33 community empowerment area, is enacted by the Seventy- 1 34 seventh General Assembly, 1998 Session: 1 35 .................................................. $ 5,200,000 1 36 Sec. 2. NEW SECTION. 256.44 NATIONAL BOARD 1 37 CERTIFICATION AWARD – APPROPRIATION. 1 38 1. A teacher, as defined in section 272.1, who 1 39 registers for a national board for professional 1 40 teaching standards certificate and is employed by a 1 41 school district in Iowa shall be eligible for a 1 42 registration award as provided in subsection 2, and 1 43 upon achievement of a national board for professional 1 44 teaching standards certificate, is eligible for an 1 45 annual award of ten thousand dollars for each year the 1 46 certificate is valid as provided in this section. 1 47 2. To receive a partial registration award in the 1 48 amount of one-half of the registration fee charged by 1 49 the national board for professional teaching 1 50 standards, the teacher shall apply to the department 2 1 of education within one year of registration, 2 2 submitting to the department any documentation the 2 3 department requires. A teacher shall receive a final 2 4 registration award in the amount of the remaining 2 5 registration fee charged by the national board if the 2 6 teacher notifies the department of the teacher's 2 7 certification achievement and submits any 2 8 documentation requested by the department. 2 9 3. To receive a five-year annual award for 2 10 achieving certification by the national board of 2 11 professional teaching standards, a teacher shall apply 2 12 to the department within one year of eligibility. 2 13 Payment for awards shall be made only upon 2 14 departmental approval of an application or 2 15 recertification of eligibility. A nonrenewable term 2 16 of eligibility shall be for five years or for the 2 17 years the certificate is valid, whichever time period 2 18 is shorter. In order to continue receipt of payments, 2 19 a recipient shall annually recertify eligibility. 2 20 4. A national board for professional teaching 2 21 standards certification fund is established in the 2 22 office of treasurer of state to be administered by the 2 23 department. Moneys appropriated by the general 2 24 assembly for deposit in the fund shall be paid as 2 25 follows: 2 26 a. Upon receipt of award documentation as provided 2 27 in subsection 2. 2 28 b. On January 15 to teachers whose applications 2 29 and recertifications for annual awards as provided in 2 30 subsection 3 are approved by the department. The 2 31 treasurer of state shall act as custodian of the fund 2 32 and may invest the moneys deposited in the fund. The 2 33 income from any investment shall be credited to and 2 34 deposited in the fund. The director of revenue and 2 35 finance shall issue warrants upon the fund pursuant to 2 36 the order of the department and such warrants shall be 2 37 paid from the fund by the treasurer of state. 2 38 Notwithstanding section 8.33, unencumbered or 2 39 unobligated moneys remaining in the fund on June 30 of 2 40 the fiscal year for which the funds were appropriated 2 41 shall not revert but shall be available for subsequent 2 42 fiscal years for the purposes of this section. 2 43 5. An individual shall not qualify for a term of 2 44 annual award eligibility unless the individual 2 45 applies, certifying eligibility, to the department 2 46 prior to June 30, 2001. 2 47 Sec. 3. Section 256.45, unnumbered paragraphs 1, 2 48 3, and 4, Code 1997, are amended to read as follows: 2 49 The department of education shall establishwithin2 50the departmentand administer the position of 3 1 ambassador to education. It shall be the function of 3 2 the ambassador to education to act as an education 3 3 liaison to primary and secondary schools in this 3 4 state. The ambassador to education position shall be 3 5 filled by the educator selected as teacher of the year 3 6 by the governor, but only if that person agrees to 3 7 fill the ambassador to education position. 3 8 The ambassador to education shall receive, in lieu 3 9 of compensation from the district in which the 3 10 ambassador is regularly employed, a salarywhich is3 11 equal to the amount of salaryreceived bythe person 3 12during the previouswould have received from the 3 13 district in the person's regular position during the 3 14 school year for which the person serves as ambassador, 3 15 or thirty thousand dollars, whichever amount is 3 16 greater. The ambassador shall also be compensated for 3 17 actual expenses incurred as a result of the 3 18 performance of duties under this section. 3 19 Thedistrict whichdepartment shall grant funds in 3 20 an amount equal to the salary and benefits the person 3 21 selected as ambassador to education would have 3 22 received from the district, or thirty thousand 3 23 dollars, whichever amount is greater, to the school 3 24 district that employs the person selected as the 3 25 ambassadorto education. The department shall also 3 26 reimburse the school district for actual expenses 3 27 incurred as a result of the performance of duties 3 28 under this section. The school district shall grant 3 29 the person a one-year sabbatical in order to allow the 3 30 person to be the ambassador to education, and during 3 31 the sabbatical, shall pay the salary and benefits of 3 32 the ambassador with funds granted by the department. 3 33 The person selected as the ambassador to education 3 34 shall be entitled to return to the person's same or a 3 35 comparable position without loss of accrued benefits 3 36 or seniority. 3 37 Sec. 4. NEW SECTION. 256D.1 TITLE. 3 38 This chapter shall be known and may be cited as the 3 39 "Frontier School Act". 3 40 Sec. 5. NEW SECTION. 256D.2 PURPOSES. 3 41 1. It is the purpose of this chapter to provide a 3 42 means to revitalize education and continually do all 3 43 of the following: 3 44 a. Improve student learning. 3 45 b. Increase learning opportunities for students. 3 46 c. Encourage the use of different and innovative 3 47 teaching methods. 3 48 d. Require the measurement of learning outcomes 3 49 and create different and innovative methods for 3 50 measuring outcomes and comparison of those outcomes 4 1 with other attendance centers within a school 4 2 district. 4 3 e. Establish new forms of accountability for 4 4 schools. 4 5 f. Create new professional opportunities for 4 6 teachers, including the opportunity to be responsible 4 7 for the learning program at the school site. 4 8 g. Create opportunities for community members to 4 9 enhance student learning experiences in the community 4 10 member's profession. 4 11 h. Encourage the development and use of an 4 12 innovative or extended school year. 4 13 2. This chapter does not provide a means to keep 4 14 open a school that otherwise would be closed. A 4 15 school board bears the burden of proving that 4 16 conversion to a frontier school fulfills a purpose 4 17 specified in this chapter and independent of the 4 18 school's closing. 4 19 Sec. 6. NEW SECTION. 256D.3 DEFINITIONS. 4 20 As used in this chapter unless the context 4 21 otherwise requires: 4 22 1. "Department" means the department of education. 4 23 2. "Director" means the director of the department 4 24 of education. 4 25 3. "School board" means the board of directors of 4 26 a public school district creating a frontier school 4 27 within the district. 4 28 4. "State board" means the state board of 4 29 education. 4 30 Sec. 7. NEW SECTION. 256D.4 APPLICABILITY. 4 31 This section applies only to frontier schools 4 32 formed and operated under this chapter. 4 33 Sec. 8. NEW SECTION. 256D.5 FORMATION OF SCHOOL. 4 34 1. A school board, upon approval by the state 4 35 board, may establish one or more frontier schools as 4 36 provided in this chapter. 4 37 2. A school board may authorize a licensed 4 38 administrator or teacher to operate a frontier school 4 39 subject to the approval of the state board. The 4 40 school shall be organized and operated as a nonprofit 4 41 cooperative association under chapter 498 or nonprofit 4 42 corporation under chapter 504A. 4 43 3. Before a school district may form and operate a 4 44 frontier school, the school board must file an 4 45 affidavit with the state board stating its intent to 4 46 establish a frontier school. The affidavit shall 4 47 state the terms and conditions under which the school 4 48 board pledges to establish a frontier school. The 4 49 state board shall approve or disapprove a school 4 50 board's proposed authorization within sixty days of 5 1 receipt of an affidavit. Failure to obtain state 5 2 board approval precludes a school board from 5 3 authorizing the frontier school that was the subject 5 4 of the affidavit. 5 5 4. A school board approved by the state board to 5 6 organize, establish, and operate a frontier school 5 7 shall appoint the members of the frontier school 5 8 board. The frontier school board shall consist of not 5 9 more than seven members, the majority of which shall 5 10 be parents or guardians of children enrolled in the 5 11 frontier school. One member of the school board shall 5 12 serve as a member of the frontier school board. The 5 13 provisions of chapters 21 and 22 shall apply to 5 14 meetings and records of the frontier school board. 5 15 5. The granting or renewal of an authorization for 5 16 a frontier school by a school board shall not be 5 17 conditioned upon the bargaining unit status of the 5 18 employees of the school. 5 19 Sec. 9. NEW SECTION. 256D.6 CONVERSION OF 5 20 EXISTING SCHOOLS. 5 21 The board of directors of a school district may 5 22 convert any one of its existing schools to frontier 5 23 schools or the entire district to a frontier school 5 24 under this chapter. The conversion must occur at the 5 25 beginning of an academic year. 5 26 Sec. 10. NEW SECTION. 256D.7 CONTRACT. 5 27 The school board's authorization for a frontier 5 28 school shall be in the form of a written contract 5 29 signed by the school board and the board of directors 5 30 of the frontier school. The contract for a frontier 5 31 school shall be in writing and contain, at a minimum, 5 32 the following: 5 33 1. A description of a program that carries out one 5 34 or more of the purposes enumerated in section 256D.2. 5 35 2. Specific outcomes students are to achieve under 5 36 section 256D.11. 5 37 3. Admission policies and procedures. 5 38 4. A description of the management and 5 39 administration of the frontier school. 5 40 5. Requirements and procedures for program and 5 41 financial audits. 5 42 6. A plan describing methods for complying with 5 43 sections 256D.9, 256D.14, 256D.17, and 256D.24. 5 44 7. Assurance of the assumption of liability by the 5 45 frontier school. 5 46 8. Types and amounts of insurance coverage to be 5 47 obtained by the frontier school. 5 48 Sec. 11. NEW SECTION. 256D.8 PUBLIC STATUS – 5 49 EXEMPTION FROM STATUTES AND RULES. 5 50 A frontier school is a public school and is part of 6 1 the state's system of public education. Except as 6 2 provided in this chapter, a frontier school is exempt 6 3 from all statutes and rules applicable to a school, a 6 4 school board, or a school district, although it may 6 5 elect to comply with one or more provisions of 6 6 statutes or rules. 6 7 Sec. 12. NEW SECTION. 256D.9 REQUIREMENTS. 6 8 1. A frontier school shall meet all applicable 6 9 state and local health and safety requirements. 6 10 2. A frontier school shall be nonsectarian in its 6 11 programs, admission policies, employment practices, 6 12 and all other operations. A school board shall not 6 13 establish a frontier school or program that is 6 14 affiliated with an existing nonpublic school. 6 15 3. Frontier schools shall not be used as a method 6 16 of providing education or generating revenue for 6 17 students who are receiving competent private 6 18 instruction pursuant to chapter 299A. 6 19 4. The primary focus of a frontier school shall be 6 20 to provide a comprehensive program of instruction for 6 21 at least one grade or age group from five through 6 22 eighteen years of age. Instruction may be provided to 6 23 people younger than five years or older than eighteen 6 24 years of age. 6 25 5. A frontier school shall not charge tuition. 6 26 6. A frontier school is subject to and shall 6 27 comply with chapter 216 and 216A relating to civil and 6 28 human rights. 6 29 7. A frontier school is subject to and shall 6 30 comply with sections 275.55A, 279.9A, 280.17B, 6 31 280.21B, and 282.4, relating to suspension and 6 32 expulsion of a student. 6 33 8. A frontier school is subject to the same 6 34 financial audits, audit procedures, and audit 6 35 requirements as a school district. The audit shall be 6 36 consistent with the requirements of sections 11.6, 6 37 11.14, 11.19, 256.9, subsection 19, and section 6 38 279.29, except to the extent deviations are necessary 6 39 because of the program at the school. The department, 6 40 the auditor of state, or the legislative fiscal bureau 6 41 may conduct financial, program, or compliance audits. 6 42 9. A frontier school is a school district for the 6 43 purposes of tort liability under chapter 670. 6 44 Sec. 13. NEW SECTION. 256D.10 ADMISSION 6 45 REQUIREMENTS. 6 46 1. A frontier school may limit admission to any of 6 47 the following: 6 48 a. Students within an age group or grade level. 6 49 b. Individuals who are eligible to participate in 6 50 an alternative options education program under section 7 1 280.19A. 7 2 c. Residents of a specific geographic area where 7 3 the percentage of the population of non-Caucasian 7 4 people of that area is greater than the percentage of 7 5 the non-Caucasian population in the congressional 7 6 district in which the geographic area is located, and 7 7 as long as the school reflects the racial and ethnic 7 8 diversity of the specific area. 7 9 2. A frontier school shall enroll an eligible 7 10 student who submits a timely application, unless the 7 11 number of applications exceeds the capacity of a 7 12 program, class, grade level, or building. In this 7 13 case, students shall be accepted by lot. 7 14 3. A frontier school admission shall not be based 7 15 on intellectual ability, measures of achievement or 7 16 aptitude, or athletic ability. 7 17 Sec. 14. NEW SECTION. 256D.11 STUDENT 7 18 PERFORMANCE. 7 19 A frontier school shall design its programs to at 7 20 least meet any outcomes adopted by the state board for 7 21 public school students. In the absence of state board 7 22 requirements, the school shall meet the outcomes 7 23 contained in the contract with the school board. The 7 24 achievement levels of the outcomes contained in the 7 25 contract may exceed the achievement levels of any 7 26 outcomes adopted by the state board for public school 7 27 students. 7 28 Sec. 15. NEW SECTION. 256D.12 EMPLOYMENT AND 7 29 OTHER OPERATING MATTERS. 7 30 A frontier school shall employ or contract with 7 31 necessary teachers, as defined in section 272.1, who 7 32 hold a valid license with an endorsement for the type 7 33 of service for which the teacher is employed. The 7 34 school may employ necessary employees who are not 7 35 required to hold teaching licenses to perform duties 7 36 other than teaching and may contract for other 7 37 services. The school may discharge teachers and 7 38 nonlicensed employees. 7 39 The board of directors of the frontier school also 7 40 shall decide matters related to the operation of the 7 41 school, including budgeting, curriculum, and operating 7 42 procedures. 7 43 Sec. 16. NEW SECTION. 256D.13 STUDENTS WITH 7 44 SPECIAL EDUCATION NEEDS. 7 45 A frontier school shall comply with chapter 256B 7 46 and administrative rules adopted pursuant to that 7 47 chapter relating to the education of students with 7 48 special education needs, and receive state special 7 49 education aid, as though it were a school district. 7 50 However, the fiscal responsibility for children 8 1 requiring special education shall remain with the 8 2 school district creating the frontier school. A child 8 3 requiring special education under chapter 256B shall 8 4 be included in the weighted enrollment of the district 8 5 creating the frontier school and the district shall 8 6 pay to the frontier school the special education 8 7 district cost per pupil amount generated by the 8 8 weighting. 8 9 Sec. 17. NEW SECTION. 256D.14 LENGTH OF SCHOOL 8 10 YEAR. 8 11 A frontier school shall provide instruction each 8 12 year for at least the number of days required by 8 13 section 279.10, subsection 1, unless the school 8 14 provides instruction throughout the year according to 8 15 section 256.20 or 279.10, subsection 3. 8 16 Sec. 18. NEW SECTION. 256D.15 REPORTS. 8 17 A frontier school shall report at least annually to 8 18 its board of directors, the district school board, the 8 19 department, and the state board of education the 8 20 information required by the school board, the 8 21 department, or the state board. The reports are 8 22 public records subject to chapter 22. The department 8 23 shall collect and document the progress of the 8 24 frontier school toward increasing student's levels of 8 25 achievement. 8 26 Sec. 19. NEW SECTION. 256D.16 REVIEW AND 8 27 COMMENT. 8 28 The department shall review and comment on the 8 29 evaluation, by the school district creating the 8 30 frontier school, of the performance of a frontier 8 31 school before the frontier school's contract is 8 32 renewed. The information from the review and comment 8 33 shall be reported to the state board in a timely 8 34 manner. Annually, the state board shall report trends 8 35 or suggestions based on the evaluation of frontier 8 36 school contracts to the house and senate education 8 37 committees. 8 38 Sec. 20. NEW SECTION. 256D.17 TRANSPORTATION. 8 39 1. By July 1 of each year, a frontier school shall 8 40 notify the establishing district, the district in 8 41 which the school is located, if applicable, and the 8 42 department if it will provide transportation for 8 43 students enrolled at the school for the fiscal year. 8 44 2. If a frontier school elects to provide 8 45 transportation for students, the transportation shall 8 46 be provided by the frontier school within the district 8 47 in which the frontier school is located. In addition, 8 48 the frontier school shall provide transportation for 8 49 all resident pupils attending the frontier school in 8 50 accordance with chapter 285, unless otherwise provided 9 1 in this chapter. 9 2 3. For students who reside outside the district in 9 3 which the frontier school is located, the frontier 9 4 school is not required to provide or pay for 9 5 transportation between the student's residence and the 9 6 border of the district in which the frontier school is 9 7 located. A parent may be reimbursed by the frontier 9 8 school for costs of transportation from the student's 9 9 residence to the border of the district in which the 9 10 frontier school is located if the student is from a 9 11 family whose income is at or below the poverty level, 9 12 as determined by the most recently revised poverty 9 13 income guidelines published by the United States 9 14 department of health and human services. 9 15 4. At the time a student enrolls in a frontier 9 16 school, the frontier school shall provide the parent 9 17 or guardian with information regarding the 9 18 transportation. 9 19 5. If a frontier school does not elect to provide 9 20 transportation, transportation for students enrolled 9 21 at the school shall be provided by the district in 9 22 which the school is located, in the manner provided in 9 23 section 285.1, subsection 15, for a student residing 9 24 in the same district in which a nonpublic school 9 25 designated for attendance is located. Transportation 9 26 may be provided by the district in which the frontier 9 27 school is located for a student residing in a 9 28 different district, in the same manner provided for in 9 29 section 285.1, subsection 16, for students whose 9 30 nonpublic school designated for attendance is located 9 31 outside the boundary line of the school district of 9 32 the student's residence. 9 33 Sec. 21. NEW SECTION. 256D.18 LEASED SPACE. 9 34 A frontier school may lease space from a school 9 35 board or other public or private nonprofit, 9 36 nonsectarian organization. If a frontier school is 9 37 unable to lease appropriate space from a school board 9 38 or other public or private nonprofit, nonsectarian 9 39 organization, the frontier school may lease space from 9 40 another nonsectarian organization if the department, 9 41 in consultation with the department of management, 9 42 approves the lease. If the frontier school is unable 9 43 to lease appropriate space from public or private 9 44 nonsectarian organizations, the frontier school may 9 45 lease space from a sectarian organization if the 9 46 leased space is constructed as a school facility and 9 47 the department, in consultation with the department of 9 48 management, approves the lease. 9 49 Sec. 22. NEW SECTION. 256D.19 INITIAL COSTS. 9 50 A school board may establish a frontier school 10 1 before the applicant has secured its space, equipment, 10 2 facilities, and personnel if the school board 10 3 indicates the establishment is necessary for it to 10 4 raise working capital. A school board may not 10 5 establish a school before the state board of education 10 6 has approved the authorization. 10 7 Sec. 23. NEW SECTION. 256D.20 DISSEMINATION OF 10 8 INFORMATION. 10 9 The school board, the operators, and the department 10 10 shall disseminate information to the public on how to 10 11 form and operate a frontier school and how to utilize 10 12 the offerings of a frontier school. Particular groups 10 13 to be targeted include low-income families and 10 14 communities and minority students. 10 15 Sec. 24. NEW SECTION. 256D.21 LEAVE TO TEACH IN 10 16 A FRONTIER SCHOOL. 10 17 If a teacher employed by a school district is 10 18 qualified for a vacant teaching position that exists 10 19 at a frontier school, and the frontier school has 10 20 accepted the teacher for the position, the teacher may 10 21 request in writing an extended leave of absence to 10 22 teach at the frontier school, and the school district 10 23 shall grant the leave for any number of years 10 24 requested by the teacher, and must extend the leave at 10 25 the teacher's request. The school district may 10 26 require that the request for a leave or extension of 10 27 leave be made up to ninety days before the teacher 10 28 would otherwise have to report for duty. Once 10 29 granted, a leave is valid only while the teacher is 10 30 employed by the frontier school. 10 31 This section shall not apply to a school district 10 32 experiencing three consecutive years or more of 10 33 declining enrollment. 10 34 Sec. 25. NEW SECTION. 256D.22 COLLECTIVE 10 35 BARGAINING. 10 36 The provisions of chapter 20 shall not apply to the 10 37 board of directors of a frontier school or its 10 38 employees unless the employees and the frontier school 10 39 board agree to abide by the provisions of chapter 20 10 40 in the contract established pursuant to section 10 41 256D.7. 10 42 Sec. 26. NEW SECTION. 256D.23 TEACHER AND OTHER 10 43 EMPLOYEE RETIREMENT. 10 44 Teachers in a frontier school shall be public 10 45 school teachers for the purposes of retirement under 10 46 chapter 97B. 10 47 Sec. 27. NEW SECTION. 256D.24 CAUSES FOR 10 48 NONRENEWAL OR TERMINATION. 10 49 1. The duration of a frontier school contract with 10 50 a school board shall be for five years. The school 11 1 board may or may not renew a contract at the end of 11 2 the term for any ground listed in subsection 2. A 11 3 school board may unilaterally terminate a contract 11 4 during the term of the contract for any ground listed 11 5 in subsection 2. At least sixty days before not 11 6 renewing or terminating a contract, the school board 11 7 shall notify the board of directors of the frontier 11 8 school of the proposed action in writing. The notice 11 9 shall state the grounds for the proposed action in 11 10 reasonable detail and that the frontier school's board 11 11 of directors may request in writing an informal 11 12 hearing before the school board within fourteen days 11 13 of receiving notice of nonrenewal or termination of 11 14 the contract. Failure by the board of directors to 11 15 make a timely written request for a hearing shall be 11 16 treated as acquiescence to the proposed action. Upon 11 17 receiving a timely written request for a hearing, the 11 18 school board shall give reasonable notice to the 11 19 frontier school's board of directors of the hearing 11 20 date. The school board shall conduct an informal 11 21 hearing before taking final action. The school board 11 22 shall take final action to renew or not renew a 11 23 contract by the last day of classes in the school 11 24 year. The frontier school's board of directors may 11 25 appeal the school board's decision to the state board. 11 26 2. A contract may be terminated or not renewed 11 27 upon any of the following grounds: 11 28 a. Failure to meet the requirements for student 11 29 performance contained in the contract. 11 30 b. Failure to meet generally accepted standards of 11 31 fiscal management. 11 32 c. For violations of law or other good cause 11 33 shown. 11 34 3. If a contract is terminated or not renewed, the 11 35 school shall be dissolved according to the applicable 11 36 provisions of chapter 498 or 504A. 11 37 Sec. 28. NEW SECTION. 256D.25 STUDENT 11 38 ENROLLMENT. 11 39 If a frontier school contract is not renewed or is 11 40 terminated according to section 256D.24, a student who 11 41 attended the school may enroll in the resident 11 42 district or may submit an application to a nonresident 11 43 district according to section 282.18 at any time. 11 44 Applications and notices required by section 282.18 11 45 shall be processed and provided in a prompt manner. 11 46 The application and notice deadlines in section 282.18 11 47 do not apply under these circumstances. 11 48 A student enrolled in a frontier school is 11 49 ineligible to participate in dual enrollment under 11 50 section 299A.8. 12 1 Sec. 29. NEW SECTION. 256D.26 GENERAL AUTHORITY. 12 2 The board of directors of a frontier school may sue 12 3 and be sued. The board may not levy taxes or issue 12 4 bonds. 12 5 Sec. 30. NEW SECTION. 256D.27 IMMUNITY. 12 6 1. The state board, members of the state board, a 12 7 school board, members of a school board in their 12 8 official capacity, and employees of a school board are 12 9 immune from civil or criminal liability with respect 12 10 to all activities related to a frontier school they 12 11 approve or establish. 12 12 2. The board of directors of the frontier school 12 13 shall obtain at least the amount of and types of 12 14 insurance required by the contract, according to 12 15 section 256D.7. 12 16 Sec. 31. NEW SECTION. 256D.28 STATE SCHOOL 12 17 FOUNDATION AID FOR A FRONTIER SCHOOL. 12 18 1. A student residing in Iowa who is enrolled in a 12 19 frontier school shall be counted, for state school 12 20 foundation aid purposes, in the student's district of 12 21 residence. A student's residence, for purposes of 12 22 this section, shall be as established under section 12 23 282.1. The board of directors of the district of 12 24 residence shall pay to the frontier school the 12 25 district cost per pupil, or the frontier school's cost 12 26 per pupil as determined by the department based upon 12 27 information supplied by the frontier school, whichever 12 28 is lowest, plus any moneys received for the student as 12 29 a result of non-English-speaking weighting under 12 30 section 280.4, subsection 3, for each school year. 12 31 The district of residence shall also transmit the 12 32 phase III moneys allocated to the district for the 12 33 full-time equivalent attendance of the student to the 12 34 frontier school as provided according to any agreement 12 35 reached by the frontier school and the school district 12 36 of residence. 12 37 2. If a parent or guardian of a child enrolled in 12 38 a frontier school under this chapter moves to a 12 39 different school district during the course of either 12 40 district's academic year, the child's first district 12 41 of residence shall be responsible for payment of the 12 42 cost per pupil plus weightings or special education 12 43 costs to the frontier school for the balance of the 12 44 school year in which the move took place. The new 12 45 district of residence shall be responsible for the 12 46 payments during the succeeding years. 12 47 Sec. 32. NEW SECTION. 256D.29 AUTHORIZED 12 48 EXPENDITURES. 12 49 A frontier school is a public school for purposes 12 50 of section 257.7. 13 1 Sec. 33. NEW SECTION. 256D.30 OTHER AID – 13 2 GRANTS – REVENUE. 13 3 1. A frontier school is eligible to receive other 13 4 aid, grants, and revenue according to Title VII, 13 5 subtitle 1, as though it were a school district. The 13 6 frontier school may receive aid levied by the school 13 7 district for the purposes of the frontier school. For 13 8 purposes of receiving federal aid, the actual 13 9 enrollment of the frontier school shall be included in 13 10 the actual enrollment of the school district, and the 13 11 school district shall pay to the frontier school the 13 12 federal aid generated by the frontier school's actual 13 13 enrollment. 13 14 2. Except as provided in section 256D.32, a 13 15 frontier school may receive money from any source for 13 16 facilities needs. In the year-end report to the state 13 17 board of education, the frontier school shall report 13 18 the total amount of funds received from grants and 13 19 other outside sources. 13 20 Sec. 34. NEW SECTION. 256D.31 USE OF STATE 13 21 MONEY. 13 22 Money received from the state may not be used to 13 23 purchase land or buildings. The school may own land 13 24 and buildings if obtained through nonstate sources. 13 25 Sec. 35. NEW SECTION. 256E.1 BEGINNING TEACHER 13 26 INDUCTION PROGRAM ESTABLISHED – GRANTS. 13 27 If the general assembly appropriates moneys for 13 28 purposes of teacher induction, the department of 13 29 education shall coordinate a beginning teacher 13 30 induction program to promote excellence in teaching, 13 31 to build a supportive environment within school 13 32 districts, to increase the retention of promising 13 33 beginning teachers, and to promote the personal and 13 34 professional well-being of teachers. The department 13 35 of education shall develop a process for awarding 13 36 beginning teacher induction grants to school 13 37 districts, and shall adopt rules pursuant to chapter 13 38 17A relating to the equitable distribution of grants 13 39 to school districts to reflect diversity 13 40 geographically and by population. 13 41 Sec. 36. NEW SECTION. 256E.2 DEFINITIONS. 13 42 As used in this chapter, unless the context 13 43 otherwise requires: 13 44 1. "Beginning teacher" means an individual serving 13 45 under an initial provisional or conditional license, 13 46 issued by the board of educational examiners under 13 47 chapter 272, who is assuming a position as a classroom 13 48 teacher. 13 49 2. "Board of directors" means the board of 13 50 directors of a school district or a collaboration of 14 1 boards of directors of school districts. 14 2 3. "Classroom teacher" means an individual who 14 3 holds a valid practitioner's license and who is 14 4 employed by a school district under sections 279.13 14 5 through 279.19 in a school district or area education 14 6 agency in this state to provide instruction to 14 7 students. 14 8 4. "Department" means the department of education. 14 9 5. "Director" means the director of the department 14 10 of education. 14 11 6. "District facilitator" means a licensed 14 12 professional pursuant to chapter 272 who is appointed 14 13 by the board of directors, or a collaboration of 14 14 districts, to serve as the liaison between the board 14 15 of directors and the department for the beginning 14 16 teacher induction program. 14 17 7. "Mentor" means an individual employed by a 14 18 school district or area education agency as a 14 19 classroom teacher and who holds a valid license to 14 20 teach issued under chapter 272. 14 21 Sec. 37. NEW SECTION. 256E.3 DISTRICT PLAN. 14 22 1. A board of directors of a school district or 14 23 the boards of directors of a collaboration of school 14 24 districts participating in the beginning teacher 14 25 induction program shall appoint a district 14 26 facilitator, whose duties shall include, but are not 14 27 limited to, overseeing the development of a plan for 14 28 meeting the goals of the program as set forth in 14 29 section 256E.1, and composing a district committee 14 30 pursuant to subsection 2. 14 31 2. The membership of the district committee 14 32 composed by the district facilitator shall include, 14 33 but is not limited to, licensed practitioners and an 14 34 area education agency staff development professional. 14 35 3. The district committee shall adopt a plan and 14 36 written procedures for a mentor program consistent 14 37 with this chapter. The plan and the written 14 38 procedures shall, at a minimum, provide the process 14 39 for the selection of and the number of mentors; the 14 40 mentor training process; the timetable by which the 14 41 plan shall be implemented; placement of mentors and 14 42 beginning teachers; the minimum amount of contact time 14 43 between mentors and beginning teachers; the minimum 14 44 amount of release time for mentors and beginning 14 45 teachers for meetings for planning, demonstration, 14 46 observation, feedback, and workshops; the process for 14 47 dissolving mentoring partnerships; and the process for 14 48 measuring the results of the program. The district 14 49 committee shall recommend to the board of directors or 14 50 boards of directors of a collaboration the names of 15 1 classroom teachers eligible to be mentors. 15 2 4. The district facilitator shall submit the plan, 15 3 and the proposed costs of implementing the plan, to 15 4 the board of directors or boards of directors of a 15 5 collaboration, which shall consider the plan and, once 15 6 approved, submit the plan and a reasonable cost 15 7 proposal to the department of education, which shall 15 8 award grants as equitably as possible based on the 15 9 geographic and population diversity of the school 15 10 districts submitting plans. Grants may be awarded in 15 11 subsequent years based upon the most recent plan on 15 12 file with the department. 15 13 5. The district committee is encouraged to work 15 14 with area education agencies and postsecondary 15 15 institutions in the preparation and implementation of 15 16 a plan. 15 17 Sec. 38. NEW SECTION. 256E.4 BEGINNING TEACHER 15 18 AND MENTOR SELECTION AND PLACEMENT. 15 19 1. To be eligible to be a mentor, a licensed 15 20 practitioner shall, at a minimum, be employed by a 15 21 school district as a classroom teacher, have a record 15 22 of at least four years of effective practice, have 15 23 been employed for one full year in the district on a 15 24 nonprobationary basis, and demonstrate professional 15 25 commitment to the improvement of teaching and 15 26 learning, and the development of beginning teachers. 15 27 2. The district facilitator shall place beginning 15 28 teachers in a manner that provides the greatest 15 29 opportunity to participate with the largest number of 15 30 mentors. 15 31 Sec. 39. NEW SECTION. 256E.5 BEGINNING TEACHER 15 32 INDUCTION STATE SUBSIDY – FUND. 15 33 1. A teacher who is enrolled as a mentor in an 15 34 approved beginning teacher induction program shall be 15 35 eligible for an award of five hundred dollars per 15 36 semester of participation in the program, which shall 15 37 be paid from moneys received pursuant to this section 15 38 by the school district employing the mentor. 15 39 2. Moneys received by a school district pursuant 15 40 to this chapter shall be expended to provide mentors 15 41 with awards in accordance with subsection 1, to 15 42 implement the plan, to pay the costs of the employer's 15 43 share of contributions to federal social security and 15 44 the Iowa public employees' retirement system or a 15 45 pension and annuity retirement system established 15 46 under chapter 294, for such amounts paid by the 15 47 district. 15 48 3. Moneys received by a school district under this 15 49 chapter are miscellaneous income for purposes of 15 50 chapter 257 or are considered encumbered. Each local 16 1 school district shall maintain a separate listing 16 2 within their budget for payments received and 16 3 expenditures made pursuant to this section. 16 4 4. Moneys received for purposes of this chapter 16 5 shall not be used for payment of any collective 16 6 bargaining agreement or arbitrator's decision 16 7 negotiated or awarded under chapter 20. 16 8 5. A beginning teacher induction fund is 16 9 established in the office of the treasurer of state to 16 10 be administered by the department. Moneys 16 11 appropriated by the general assembly for deposit in 16 12 the fund shall be used to provide funding to school 16 13 districts pursuant to the requirements of this 16 14 section. 16 15 6. Notwithstanding section 8.33, unencumbered or 16 16 unobligated funds remaining on June 30 of the fiscal 16 17 year for which the funds were appropriated shall not 16 18 revert but shall be available for expenditure in the 16 19 following fiscal year for the purposes of this 16 20 section. 16 21 Sec. 40. NEW SECTION. 256E.6 REPORTS. 16 22 The board of directors of a school district or the 16 23 boards of directors of a collaboration of school 16 24 districts implementing an approved beginning teacher 16 25 induction program as provided in this chapter shall 16 26 submit an assessment of the program's results by July 16 27 1 of the fiscal year succeeding the year in which the 16 28 school district or the collaboration of school 16 29 districts received moneys under this chapter. The 16 30 department shall annually report the statewide results 16 31 of the program to the chairpersons and the ranking 16 32 members of the house and senate education committees 16 33 by January 1. 16 34 Sec. 41. NEW SECTION. 256F.1 LEGISLATIVE 16 35 FINDINGS AND INTENT. 16 36 The general assembly finds that early childhood 16 37 education programs provide benefits in the areas of 16 38 economic development, education, workforce 16 39 preparation, health costs, welfare costs, and juvenile 16 40 justice. The general assembly further finds that it 16 41 is in the best interest of the state to encourage and 16 42 equitably fund early childhood education programs in 16 43 the public school districts. The goal of these 16 44 programs shall be, at a minimum, to produce children 16 45 who are self-confident and trusting, intellectually 16 46 inquisitive, able to use language to communicate, 16 47 physically and mentally healthy, able to relate well 16 48 to others, and empathetic to others. Toward that 16 49 goal, it is the intent of this chapter to establish 16 50 and fund an early childhood education imperatives 17 1 program. 17 2 Sec. 42. NEW SECTION. 256F.2 EARLY CHILDHOOD 17 3 EDUCATION IMPERATIVES PROGRAM APPROPRIATION. 17 4 1. There is appropriated from the general fund of 17 5 the state to the department of education for the 17 6 fiscal year beginning July 1, 1998, and for each 17 7 succeeding fiscal year, the sum of ten million dollars 17 8 for the early childhood education imperatives program. 17 9 2. For each fiscal year for which moneys are 17 10 appropriated in subsection 1, the amount of moneys 17 11 allocated to school districts shall be in the 17 12 proportion that the basic enrollment of a district 17 13 bears to the sum of the basic enrollments of all 17 14 school districts in the state for the budget year. 17 15 However, a district shall not receive less than seven 17 16 thousand five hundred dollars in a fiscal year. 17 17 3. For each year for which an appropriation is 17 18 made to the early childhood education imperatives 17 19 program, the department of education shall notify the 17 20 department of revenue and finance of the amount to be 17 21 paid to each school district based upon the 17 22 distribution plan set forth for the appropriation made 17 23 pursuant to this section. The allocation to each 17 24 school district under this section shall be made in 17 25 one payment on or about October 15 of the fiscal year 17 26 for which the appropriation is made, taking into 17 27 consideration the relative budget and cash position of 17 28 the state resources. Prior to the receipt of moneys, 17 29 school districts shall provide to the department of 17 30 education adequate assurance that they have developed 17 31 or are developing an early childhood education plan as 17 32 required by section 256F.3 and that moneys received 17 33 under this section will be used in accordance with the 17 34 required early childhood education plan. 17 35 4. Moneys received under this section shall not be 17 36 commingled with state aid payments made under sections 17 37 257.16 to a school district and shall be accounted for 17 38 by the school district separately from state aid 17 39 payments. 17 40 5. Payments made to school districts under this 17 41 section are miscellaneous income for purposes of 17 42 chapter 257 or are considered encumbered. Each school 17 43 district shall maintain a separate listing within 17 44 their budgets for payments received and expenditures 17 45 made pursuant to this section. 17 46 6. Moneys received under this section shall not be 17 47 used for payment of any collective bargaining 17 48 agreement or arbitrator's decision negotiated or 17 49 awarded under chapter 20. 17 50 Sec. 43. NEW SECTION. 256F.3 EARLY CHILDHOOD 18 1 EDUCATION IMPERATIVES PROGRAM PLANNING. 18 2 Prior to receiving moneys under this chapter, the 18 3 board of directors of a school district shall adopt an 18 4 initial early childhood education plan that supports 18 5 early childhood education efforts and includes an 18 6 evaluation component. The plan shall be developed by 18 7 licensed professional staff of the district, including 18 8 both teachers and administrators. The plan shall, at 18 9 a minimum, focus on preparing children to attain or 18 10 surpass student achievement goals identified pursuant 18 11 to sections 280.12 and 280.18. The initial plan shall 18 12 be amended or adopted anew at least once every five 18 13 years. The early childhood education plan shall be 18 14 kept on file in the district and a copy of the initial 18 15 plan, subsequent amendments to the plan, and copies of 18 16 subsequent plans adopted shall be sent to the 18 17 appropriate area education agency and the department 18 18 of education. Progress as determined by the school 18 19 district, but including progress in preparing children 18 20 to attain or surpass student achievement goals, shall 18 21 be included as part of the annual report submitted to 18 22 the department of education in compliance with 18 23 sections 280.12 and 280.18. 18 24 Sec. 44. NEW SECTION. 256F.4 EARLY CHILDHOOD 18 25 EDUCATION IMPERATIVES PROGRAM EXPENDITURES. 18 26 School districts shall expend funds received 18 27 pursuant to section 256F.2 to support reading 18 28 instruction in phonics, and other education practices, 18 29 programs, or assistance for kindergarten through grade 18 30 three that may include, but are not limited to, the 18 31 following: reducing adult to student ratios through 18 32 the hiring of teachers, former teachers, and para- 18 33 educator teaching assistants; talented and gifted 18 34 programs; and implementation of instructional programs 18 35 designed to improve student achievement in the areas 18 36 of reading, language arts, and mathematics. 18 37 Sec. 45. NEW SECTION. 257.13 ON-TIME FUNDING FOR 18 38 NEW STUDENTS. 18 39 1. If a district's actual enrollment for the 18 40 budget year, determined under section 257.6, is 18 41 greater than its budget enrollment for the budget 18 42 year, the district may submit a request to the school 18 43 budget review committee for on-time funding for new 18 44 students. The school budget review committee shall 18 45 consider the relative increase in enrollment on a 18 46 district-by-district basis, in determining whether to 18 47 approve the request, and shall determine the amount of 18 48 additional funding to be provided if the request is 18 49 granted. An application for on-time funding must be 18 50 received by the department of education by October 1. 19 1 Written notice of the committee's decision shall be 19 2 given through the department of education to the 19 3 school board for a district. 19 4 2. If the school budget review committee approves 19 5 a request for on-time funding for new students, the 19 6 funding shall be in an amount up to the product of 19 7 one-third of the state cost per pupil for the budget 19 8 year multiplied by the difference between the actual 19 9 enrollment for the budget year and the budget 19 10 enrollment for the budget year. The additional 19 11 funding received under this section is miscellaneous 19 12 income to the district. 19 13 3. Moneys appropriated by the general assembly for 19 14 purposes of this section shall be paid to school 19 15 districts in one lump-sum payment within thirty days 19 16 of notification by the school budget review committee 19 17 of approval for on-time funding for new students for a 19 18 budget year. If the requests approved by the school 19 19 budget review committee exceed the appropriation made 19 20 for purposes of this section, the payments to school 19 21 districts receiving approval for on-time funding shall 19 22 be prorated such that each school district approved 19 23 for on-time funding shall receive an amount of on-time 19 24 funding equal to the percentage that the on-time 19 25 funding to be provided to the district bears to the 19 26 total amount of on-time funding to be provided to all 19 27 districts receiving approval. 19 28 4. If the board of directors of a school district 19 29 determines that a need exists for additional funds 19 30 exceeding the amount provided in this section, a 19 31 request for supplemental aid based upon increased 19 32 enrollment may be submitted to the school budget 19 33 review committee as provided in section 257.31. 19 34 5. A school district which is receiving a budget 19 35 adjustment for a budget year pursuant to section 19 36 257.14 shall receive on-time funding for new students, 19 37 reduced by the amount of the budget adjustment for 19 38 that budget year. 19 39 Sec. 46. Section 272.1, Code 1997, is amended by 19 40 adding the following new subsection: 19 41 NEW SUBSECTION. 4A. "Para-educator" means a 19 42 person who is licensed to assist a teacher in the 19 43 performance of instructional tasks to support and 19 44 assist classroom instruction and related school 19 45 activities. 19 46 Sec. 47. NEW SECTION. 272.12 PARA-EDUCATOR 19 47 LICENSES. 19 48 1. The board of educational examiners shall adopt 19 49 rules pursuant to chapter 17A relating to a multi- 19 50 level voluntary licensing system ranging from para- 20 1 educator generalist to para-educator specialist. The 20 2 rules shall outline the instructional and other school 20 3 activity tasks the individuals licensed under this 20 4 section may perform. The board shall determine 20 5 whether an applicant is qualified to perform the 20 6 duties for which a para-educator license is sought. 20 7 2. Applicants for a para-educator license as a 20 8 generalist must hold a high school diploma from an 20 9 accredited secondary school or a high school 20 10 equivalency diploma issued in accordance with chapter 20 11 259A. The applicant must also have completed 20 12 additional in-service training in at least all of the 20 13 following areas: 20 14 a. Behavior management. 20 15 b. Ethical responsibilities and behavior. 20 16 c. Exceptional child and at-risk child behavior. 20 17 d. Collaboration skills and interpersonal 20 18 relations. 20 19 e. Child and youth development. 20 20 3. Applicants for a para-educator license as a 20 21 specialist must meet the requirements of subsection 2 20 22 and additional requirements as prescribed by rule. 20 23 4. A public school district, area education 20 24 agency, community college, institution of higher 20 25 education under the state board of regents, or an 20 26 accredited private institution as defined in section 20 27 261.9, subsection 1, with a program approved by the 20 28 state board of education, may train and recommend 20 29 individuals for board licensure. 20 30 5. Applicants shall be disqualified for any of the 20 31 following reasons: 20 32 a. The applicant is less than eighteen years of 20 33 age. 20 34 b. The applicant has a record of founded child 20 35 abuse. 20 36 c. The applicant has been convicted of a felony. 20 37 d. The applicant's application is fraudulent. 20 38 e. The applicant's license or certification from 20 39 another state is suspended or revoked. 20 40 f. The applicant fails to meet board standards for 20 41 application for an initial or renewed license. 20 42 6. Qualifications or criteria for the granting or 20 43 revocation of a license or the determination of an 20 44 individual's professional standing shall not include 20 45 membership or nonmembership in any teachers' 20 46 organization. 20 47 Sec. 48. NEW SECTION. 279.14A PRACTITIONER 20 48 PERFORMANCE IMPROVEMENT PROGRAM. 20 49 1. The department of education shall establish and 20 50 implement a voluntary practitioner performance 21 1 improvement program that shall provide technical 21 2 assistance to teachers and administrators from each 21 3 public school district and area education agency. The 21 4 department shall consult with the Iowa state education 21 5 association, the Iowa association of school boards, 21 6 the school administrators of Iowa, and, as 21 7 practicable, other entities providing similar 21 8 programs, in developing the program. The program 21 9 shall do the following: 21 10 a. At a minimum, the program shall provide 21 11 administrators with training, including but not 21 12 limited to, seminars and written materials, relating 21 13 to the areas of employment policies and procedures, 21 14 employment documentation, performance evaluations, 21 15 corrective performance techniques, discipline, 21 16 termination, and support by qualified individuals for 21 17 implementation of the program. Training received by 21 18 an administrator in accordance with this section shall 21 19 apply toward an administrator's evaluator approval 21 20 renewal. The program shall not be used to provide 21 21 consultation or assistance on specific employment 21 22 situations. 21 23 b. The program shall include the establishment and 21 24 implementation of a regional system to provide 21 25 technical assistance to teachers and administrators 21 26 who are performing inadequately. 21 27 2. The department shall submit an annual report to 21 28 the chairpersons and ranking members of the house and 21 29 senate standing education committees summarizing 21 30 program activities and describing the department's 21 31 plans for improving or changing the program. 21 32 3. There is appropriated from the general fund of 21 33 the state to the department of education for each 21 34 fiscal year the sum of three hundred thousand dollars 21 35 for purposes of the practitioner performance 21 36 improvement program. 21 37 Of the funds appropriated, the sum of one hundred 21 38 thousand dollars shall be used for purposes of 21 39 subsection 1, paragraph "a", and the sum of two 21 40 hundred thousand dollars shall be used for purposes of 21 41 subsection 1, paragraph "b". 21 42 Sec. 49. Section 279.15, Code 1997, is amended to 21 43 read as follows: 21 44 279.15 NOTICE OF TERMINATION – REQUEST FOR 21 45 HEARING. 21 46 1. The superintendent or the superintendent's 21 47 designee and the board of director's of the school 21 48 district shall notify the teacher not later thanApril21 4930 that the superintendent will recommend in writing21 50to the board at a regular or special meeting of the22 1board, held not later than May 15,March 15 that the 22 2 teacher's continuing contract be terminated effective 22 3 at the end of the current school year. However, if 22 4 the district is subject to reorganization under 22 5 chapter 275, the notification shall not occur until 22 6 after the first organizational meeting of the board of 22 7 the newly formed district. 22 8 2. Notification ofrecommendation oftermination 22 9 of a teacher's contract shall be in writing, signed by 22 10 the superintendent and the presiding officer of the 22 11 board, and shall be personally delivered to the 22 12 teacher, or mailed by certified mail. The 22 13 notification shall be complete when received by the 22 14 teacher. The notification and the recommendation to 22 15 terminate shall contain a short and plain statement of 22 16 the reasons, which shall be for just cause, why the 22 17 recommendation is being made.The notification shall22 18be given at or before the time the recommendation is22 19given to the board.22 20 3. As a part of the termination proceedings, the 22 21 teacher's complete personnel file of employment by 22 22 that board shall be available to the teacher, which 22 23 file shall contain a record of all periodic 22 24 evaluations between the teacher and appropriate 22 25 supervisors. 22 26 4. Within five days of the receipt of the written 22 27 noticethat the superintendent is recommendingof 22 28 termination of the contract, the teacher may request, 22 29 in writing to the secretary of the board, a private 22 30 hearing withthe boardan adjudicator selected in 22 31 accordance with section 279.17. The private hearing 22 32 shall not be subject to chapter 21 and shall be held 22 33 no sooner than ten days and no later than twenty days 22 34 followingthe receipt of the requestthe selection of 22 35 the adjudicator, unless the parties otherwise agree. 22 36 The secretary of the board shall notify the teacher in 22 37 writing of the date, time, and location of the private 22 38 hearing, and at leastfiveten days before the hearing 22 39 shall also furnish to the teacher any documentation 22 40 which may be presentedtoby the superintendent and 22 41 the board at the private hearing and a list of persons 22 42 who may address theboardadjudicator in support of 22 43 the superintendent's recommendation at the private 22 44 hearing. At least three days before the hearing, the 22 45 teacher shall provide any documentation the teacher 22 46 expects to present at the private hearing, along with 22 47 the names of any persons who may address the board on 22 48 behalf of the teacher. This exchange of information 22 49 shall be at the time specified unless otherwise 22 50 agreed. 23 1 Sec. 50. Section 279.16, Code 1997, is amended to 23 2 read as follows: 23 3 279.16 PRIVATE HEARING – DECISION – RECORD. 23 4 1. The participants at the private hearing shall 23 5 beat least a majority of theinterested members of 23 6 the board,their legal representatives,if any, the 23 7 superintendent, the superintendent's designated 23 8 representatives, if any, the teacher's immediate 23 9 supervisor, the teacher, the teacher's 23 10 representatives, if any, and the witnesses for the 23 11 parties. The evidence at the private hearing shall be 23 12 limited to the specific reasons stated in the 23 13 superintendent's notice of recommendation of 23 14 termination. No participant in the hearing shall be 23 15 liable for any damages to any person if any statement 23 16 at the hearing is determined to be erroneous as long 23 17 as the statement was made in good faith. The 23 18 superintendent shall present evidence and argument on 23 19 all issues involved and the teacher may cross-examine, 23 20 respond and present evidence and argument in the 23 21 teacher's behalf relevant to all issues involved. 23 22 Evidence may be by stipulation of the parties and 23 23 informal settlement may be made by stipulation, 23 24 consent, or default or by any other method agreed upon 23 25 by the parties in writing. The board shall employ a 23 26 certified shorthand reporter to keep a record of the 23 27 private hearing.The proceedings or anyAny part 23 28thereofof the proceedings shall be transcribed at the 23 29 request of either party with the expense of 23 30 transcription charged to the requesting party. 23 31 2. Thepresiding officer of the boardadjudicator 23 32 may administer oaths in the same manner and with like 23 33 effect and under the same penalties as in the case of 23 34 magistrates exercising criminal or civil jurisdiction. 23 35 Theboardadjudicator shall cause subpoenas to be 23 36 issued forsuchwitnesses and the production ofsuch23 37 any books and papersas eitherthe board or the 23 38 teacher may designate. The subpoenas shall be signed 23 39 by thepresiding officer of the boardadjudicator. 23 40 3. In case a witness is duly subpoenaed and 23 41 refuses to attend, or in case a witness appears and 23 42 refuses to testify or to produce required books or 23 43 papers, theboardadjudicator shall, in writing, 23 44 report such refusal to the district court of the 23 45 county in which the administrative office of the 23 46 school district is located, and the court shall 23 47 proceed with the person or witness as though the 23 48 refusal had occurred in a proceeding legally pending 23 49 before the court. 23 50 Theboardadjudicator shall not be bound by common 24 1 law or statutory rules of evidence or by technical or 24 2 formal rules of procedure, butitthe adjudicator 24 3 shall hold the hearing in such manner as is best 24 4 suited to ascertain and conserve the substantial 24 5 rights of the parties. Process and procedure under 24 6 sections 279.13 to 279.19 shall be as summary as 24 7 reasonably may be. 24 8 4. At the conclusion of the private hearing, the 24 9 superintendent and the teacher may file written briefs 24 10 and arguments with theboardadjudicator within three 24 11 days or such other time as may be agreed upon. 24 12 5. If the teacher fails to timely request a 24 13 private hearing or does not appear at the private 24 14 hearing, the board may proceed and make a 24 15 determination upon the superintendent's 24 16 recommendation. If the teacher fails to timely file a 24 17 request for a private hearing, the determination shall 24 18 be not later thanMay 31April 15.If the teacher24 19fails to appear at the private hearing, the24 20determination shall be not later than five days after24 21the scheduled date for the private hearing.The board 24 22 shall convene in open session and by roll call vote 24 23 determine the termination or continuance of the 24 24 teacher's contract. 24 25 6.Within five days after the private hearing, the24 26board shall, in executive session, meet to make a24 27final decision upon the recommendation and the24 28evidence as herein provided.Theboardadjudicator 24 29 shall also consider any written brief and arguments 24 30 submitted by the superintendent and the teacher. 24 31 7. The record for a private hearing shall include 24 32 the following: 24 331.a. All pleadings, motions and intermediate 24 34 rulings. 24 352.b. All evidence received or considered and all 24 36 other submissions. 24 373.c. A statement of all matters officially 24 38 noticed. 24 394.d. All questions and offers of proof, 24 40 objections and rulings thereon. 24 415.e. All findings and exceptions. 24 426.f. Any decision, opinion, or conclusion by the 24 43 board. 24 447.g. Findings of fact shall be based solely on 24 45 the evidence in the record and on matters officially 24 46 noticed in the record. 24 47 8. The decision of theboardadjudicator shall be 24 48 in writing and shall include findings of fact and 24 49 conclusions of law, separately stated. Findings of 24 50 fact, if set forth in statutory language, shall be 25 1 accompanied by a concise and explicit statement of the 25 2 underlying facts and supporting the findings. Each 25 3 conclusion of law shall be supported by cited 25 4 authority or by reasoned opinion. 25 5 9.When the board has reached a decision, opinion,25 6or conclusion, it shall convene in open meeting and by25 7roll call vote determine the continuance or25 8discontinuance of the teacher's contract. The record25 9of the private conference and findings of fact and25 10exceptions shall be exempt from the provisions of25 11chapter 22.Thesecretary of the boardadjudicator 25 12 shall make a decision within thirty days and shall, 25 13 upon reaching a decision, immediately mail notice of 25 14 theboard's actiondecision to the teacher, the 25 15 superintendent, and the secretary of the board. 25 16 10. The record of the private hearing and findings 25 17 of fact and exceptions shall be exempt from the 25 18 provisions of chapter 22. 25 19 Sec. 51. Section 279.17, Code 1997, is amended to 25 20 read as follows: 25 21 279.17APPEAL BY TEACHER TOSELECTION AND 25 22 AUTHORITY OF ADJUDICATOR. 25 23If the teacher is no longer a probationary teacher,25 24the teacher may, within ten days, appeal the25 25determination of the board to an adjudicator by filing25 26a notice of appeal with the secretary of the board.25 27The notice of appeal shall contain a concise statement25 28of the action which is the subject of the appeal, the25 29particular board action appealed from, the grounds on25 30which relief is sought and the relief sought.25 31 1. Within five days following receipt by the 25 32 secretary ofthe notice of appeala teacher's request 25 33 for a private hearing by an adjudicator as provided in 25 34 section 279.15, the board or the board's legal 25 35 representative, if any, and the teacher or the 25 36 teacher's representative, if any, may select an 25 37 adjudicator who resides within the boundaries of the 25 38 merged area in which the school district is located. 25 39 If an adjudicator cannot be mutually agreed upon 25 40 within the five-day period, the secretary shall notify 25 41 the chairperson of the public employment relations 25 42 board by transmitting thenotice of appealrequest for 25 43 a private hearing, and the chairperson of the public 25 44 employment relations board shall within five days 25 45 provide a list of five adjudicators to the parties. 25 46 Within three days from receipt of the list of 25 47 adjudicators, the parties shall select an adjudicator 25 48 by alternately removing a name from the list until 25 49 only one name remains. The person whose name remains 25 50 shall be the adjudicator. The parties shall determine 26 1 by lot which party shall remove the first name from 26 2 the list submitted by the chairperson of the public 26 3 employment relations board. The secretary of the 26 4 board shall inform the chairperson of the public 26 5 employee relations board of the name of the 26 6 adjudicator selected. 26 7If the teacher does not timely request an appeal to26 8an adjudicator the decision, opinion, or conclusion of26 9the board shall become final and binding.26 10Within thirty days after filing the notice of26 11appeal, or within further time allowed by the26 12adjudicator, the board shall transmit to the26 13adjudicator the original or a certified copy of the26 14entire record of the private hearing which may be the26 15subject of the petition. By stipulation of the26 16parties to review the proceedings, the record of the26 17case may be shortened. The adjudicator may require or26 18permit subsequent corrections or additions to the26 19shortened record.26 20The record certified and filed by the board shall26 21be the record upon which the appeal shall be heard and26 22no additional evidence shall be heard by the26 23adjudicator. In such appeal to the adjudicator,26 24especially when considering the credibility of26 25witnesses, the adjudicator shall give weight to the26 26fact findings of the board; but shall not be bound by26 27them.26 28Before the date set for hearing a petition for26 29review of board action, which shall be within ten days26 30after receipt of the record unless otherwise agreed or26 31unless the adjudicator orders additional evidence be26 32taken before the board, application may be made to the26 33adjudicator for leave to present evidence in addition26 34to that found in the record of the case. If it is26 35shown to the adjudicator that the additional evidence26 36is material and that there were good reasons for26 37failure to present it in the private hearing before26 38the board, the adjudicator may order that the26 39additional evidence be taken before the board upon26 40conditions determined by the adjudicator. The board26 41may modify its findings and decision in the case by26 42reason of the additional evidence and shall file that26 43evidence and any modifications, new findings, or26 44decisions, with the adjudicator and mail copies of the26 45new findings or decisions to the teacher.26 46 2. The adjudicator may affirmboard action or26 47remand to the board for further proceedings. The26 48adjudicator shall reverse, modify,the 26 49 superintendent's recommendation to terminate the 26 50 teacher's contract orgrant any appropriate relief27 1from the board actionrequire the board to continue 27 2 the teacher's contract ifsubstantial rights of the27 3teacher have been prejudiced because the board action27 4isthe adjudicator determines that termination of the 27 5 contract would be any of the following: 27 61.a.InA violation of a board rule or policy or 27 7 contract; or. 27 82.b. Unsupported by a preponderance of the 27 9 competent evidence in the record made before theboard27 10 adjudicator when that record is viewed as a whole; or. 27 113.c. Unreasonable, arbitrary or capricious or 27 12 characterized by an abuse of discretion or a clearly 27 13 unwarranted exercise of discretion. 27 14The adjudicator shall, within fifteen days after27 15the hearing, make a decision and shall give a copy of27 16the decision to the teacher and the secretary of the27 17board. The decision of the adjudicator shall become27 18the final and binding decision of the board unless27 19either party within ten days notifies the secretary of27 20the board that the decision is rejected. The board27 21may reject the decision by majority vote, by roll27 22call, in open meeting and entered into the minutes of27 23the meeting. The board shall immediately notify the27 24teacher of its decision by certified mail. The27 25teacher may reject the adjudicator's decision by27 26notifying the board's secretary in writing within ten27 27days of the filing of such decision.27 28 3. All costs of the adjudicator shall be shared 27 29 equally by the teacher and the board. 27 30 Sec. 52. Section 279.18, unnumbered paragraph 2, 27 31 Code 1997, is amended to read as follows: 27 32 In proceedings for judicial review of the 27 33 adjudicator's decision, the court shall not hear any 27 34 further evidence but shall hear the case upon the 27 35 certified record. In such judicial review, especially 27 36 when considering the credibility of witnesses, the 27 37 court shall give weight to the fact findings of the 27 38board;adjudicator, but shall not be bound by them. 27 39 The court may affirm the adjudicator's decision or 27 40 remand to the adjudicatoror the boardfor further 27 41 proceedings upon conditions determined by the court. 27 42 The court shall reverse, modify, or grant any other 27 43 appropriate relief fromthe board decision orthe 27 44 adjudicator's decision equitable or legal and 27 45 including declaratory relief if substantial rights of 27 46 the petitioner have been prejudiced because the action 27 47 is: 27 48 Sec. 53. Section 279.18, subsection 6, Code 1997, 27 49 is amended to read as follows: 27 50 6. Unsupported bya preponderance of the competent28 1 substantial evidence in the record made beforethe28 2board andthe adjudicator when that record is viewed 28 3 as a whole; or 28 4 Sec. 54. Section 279.19, unnumbered paragraph 1, 28 5 Code 1997, is amended to read as follows: 28 6 The firsttwothree consecutive years of employment 28 7 of a teacher in the same school district are a 28 8 probationary period. However,aif the teacher has 28 9 successfully completed a probationary period of 28 10 employment for another school district located in 28 11 Iowa, the probationary period in the current district 28 12 of employment shall not exceed one year. A board of 28 13 directors may waive the probationary period for any 28 14 teacher who previously has served a probationary 28 15 period in another school district and the board may 28 16 extend the probationary period for an additional year 28 17 with the consent of the teacher. 28 18 Sec. 55. Section 294A.25, subsection 7, Code 28 19 Supplement 1997, is amended to read as follows: 28 20 7. Commencing with the fiscal year beginning July 28 21 1, 1990, the amount ofsixtyseventy-five thousand 28 22 dollars for the ambassador to education program under 28 23 section256.43256.45. 28 24 Sec. 56. Section 294A.25, Code Supplement 1997, is 28 25 amended by adding the following new subsections: 28 26 NEW SUBSECTION. 9A. For the fiscal year beginning 28 27 July 1, 1998, and ending June 30, 1999, the amount of 28 28 two hundred fifty thousand dollars for deposit in the 28 29 national board for professional teaching standards 28 30 certification fund from additional funds transferred 28 31 from phase I to phase III. 28 32 NEW SUBSECTION. 9B. For the fiscal year beginning 28 33 July 1, 1998, and ending June 30, 1999, the amount of 28 34 two hundred forty thousand dollars for beginning 28 35 teacher induction program grants as provided in 28 36 chapter 256E, from additional funds transferred from 28 37 phase I to phase III. It is the intent of the general 28 38 assembly that grants awarded from funds appropriated 28 39 under this subsection shall provide support to a 28 40 minimum of one hundred thirty-three teams of mentors 28 41 and beginning teachers. 28 42 Sec. 57. INITIAL YEAR. 28 43 1. The board of directors of a school district, or 28 44 the boards of directors of a collaboration, determined 28 45 to participate in the beginning teacher induction 28 46 program in fiscal year 1998-1999, shall submit the 28 47 plan required under section 256E.3, as enacted in this 28 48 Act, to the department of education by October 15, 28 49 1998. 28 50 2. By January 15, 1999, the department of 29 1 education shall award grants as provided in accordance 29 2 with section 256E.3, as enacted in this Act. 29 3 Sec. 58. CURRENT NATIONAL BOARD CERTIFICATE 29 4 HOLDERS. In order to receive payment under section 29 5 256.44, as enacted by this Act, a teacher who by July 29 6 1, 1998, meets the qualifications for an award under 29 7 section 256.44 shall apply to the department for 29 8 payment under section 256.44 by June 30, 1999. 29 9 Sec. 59. CONTINGENT APPROPRIATION – TAXABLE 29 10 VALUATION INCREASE. For the fiscal year beginning 29 11 July 1, 1998, and ending June 30, 1999, if the actual 29 12 taxable valuation of real property located in this 29 13 state, based upon January 1, 1997, assessments, which 29 14 is used in the computation of property taxes payable 29 15 in the fiscal year beginning July 1, 1998, increases 29 16 from the estimate of such taxable valuation, there is 29 17 appropriated from the general fund of the state the 29 18 lesser of $4,000,000 or the amount of the reduction in 29 19 state foundation aid under section 257.1 as a result 29 20 of such increase in taxable valuation to be used to 29 21 fund section 257.13, as enacted by this Act, and the 29 22 moneys shall be allocated as provided in section 29 23 257.13, subsection 2, as enacted by this Act. 29 24 Sec. 60. CONTINGENT APPROPRIATION – PHASE III. 29 25 If the amount appropriated in section 59 is less than 29 26 $4,000,000 for the fiscal year beginning July 1, 1998, 29 27 and ending June 30, 1999, in addition to the 29 28 allocations provided for in section 294A.25, there is 29 29 allocated from the moneys appropriated pursuant to 29 30 section 294A.25, subsection 1, to the department of 29 31 education, from phase III moneys, an amount equal to 29 32 the difference of $4,000,000 and the amount 29 33 appropriated in section 59 of this Act, for the fiscal 29 34 year beginning July 1, 1998, and ending June 30, 1999, 29 35 to be used and allocated as specified in section 59 of 29 36 this Act. 29 37 Sec. 61. EFFECTIVE DATE. Section 45 of this Act, 29 38 being deemed of immediate importance, takes effect 29 39 upon enactment for the purpose of computations 29 40 required for payment of state aid to school districts 29 41 for budget years beginning on or after July 1, 1998. 29 42 Section 45 of this Act remains in effect until the 29 43 repeal of chapter 257 on July 1, 2001." 29 44 #2. Title page, line 3, by striking the words 29 45 "retroactive applicability and" and inserting the 29 46 following: "an". 29 47 #3. Title page, line 4, by striking the word 29 48 "provisions" and inserting the following: 29 49 "provision". 29 50 #4. By renumbering as necessary. 30 1 30 2 30 3 30 4 COMMITTEE ON APPROPRIATIONS 30 5 MILLAGE of Scott, Chairperson 30 6 SF 2366.537 77 30 7 kh/jw/28
Text: H08500 Text: H08502 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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