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House File 625

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 11.6, subsection 4, Code 1997, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  d.  The school budget review committee
  1  4 receives, pursuant to section 11.14, a report of an
  1  5 examination of a school district that includes an undesignated
  1  6 deficit in a fund specified in chapter 298A, and the school
  1  7 budget review committee requests in writing that the auditor
  1  8 of state cause a complete or partial reaudit of the school
  1  9 district.  If the school district has not contracted with or
  1 10 employed a certified public accountant to perform an audit for
  1 11 the fiscal year in which the request is received by the
  1 12 auditor of state, the auditor may perform an audit required by
  1 13 subsection 1.
  1 14    Sec. 2.  Section 11.14, Code 1997, is amended by adding the
  1 15 following new unnumbered paragraph after unnumbered paragraph
  1 16 1:
  1 17    NEW UNNUMBERED PARAGRAPH.  If a report of an examination of
  1 18 a school district includes an undesignated fund deficit in a
  1 19 fund specified in chapter 298A, the auditor shall, by first
  1 20 class mail, notify the members of the board of directors of
  1 21 the school district and the chairperson of the school budget
  1 22 review committee, as established in section 257.30, that an
  1 23 audit contains an undesignated fund deficit.
  1 24    Sec. 3.  Section 15.103, unnumbered paragraph 1, Code 1997,
  1 25 is amended to read as follows:
  1 26    The Iowa economic development board is created, consisting
  1 27 of eleven voting members appointed by the governor and seven
  1 28 ex officio nonvoting members.  The ex officio nonvoting
  1 29 members are four legislative members; one president, or the
  1 30 president's designee, of the University of Northern Iowa, the
  1 31 University of Iowa, or Iowa State University of science and
  1 32 technology designated by the state board of regents on a
  1 33 rotating basis; and one president, or the president's
  1 34 designee, of a private college or university appointed by the
  1 35 Iowa association of independent colleges and universities; and
  2  1 one superintendent chief executive officer, or the
  2  2 superintendent's chief executive officer's designee, of a
  2  3 community college, appointed by the Iowa association of
  2  4 community college presidents.  The legislative members are two
  2  5 state senators, one appointed by the president of the senate,
  2  6 after consultation with the majority leader of the senate, and
  2  7 one appointed by the minority leader of the senate, after
  2  8 consultation with the president of the senate, from their
  2  9 respective parties; and two state representatives, one
  2 10 appointed by the speaker and one appointed by the minority
  2 11 leader of the house of representatives from their respective
  2 12 parties.  Not more than six of the voting members shall be
  2 13 from the same political party.  The secretary of agriculture
  2 14 shall be one of the voting members.  The governor shall
  2 15 appoint the remaining ten voting members of the board for a
  2 16 term of four years beginning and ending as provided by section
  2 17 69.19, subject to confirmation by the senate, and the
  2 18 governor's appointments shall include persons knowledgeable of
  2 19 the various elements of the department's responsibilities.
  2 20    Sec. 4.  Section 15E.166, subsection 1, paragraph c, Code
  2 21 1997, is amended to read as follows:
  2 22    c.  An annual budget for operation of the program and
  2 23 activities agreed to in the contract including provisions
  2 24 related to the transfer of funds to the community college, as
  2 25 agreed upon by the president chief executive officer of the
  2 26 community college and the foundation.
  2 27    Sec. 5.  Section 73.18, Code 1997, is amended to read as
  2 28 follows:
  2 29    73.18  NOTICE OF SOLICITATION FOR BIDS – IDENTIFICATION OF
  2 30 TARGETED SMALL BUSINESSES.
  2 31    The director of each agency or department, the
  2 32 administrator of each area education agency, the president
  2 33 chief executive officer of each community college, and the
  2 34 superintendent of each school district releasing a
  2 35 solicitation for bids or request for proposal under the
  3  1 targeted small business procurement goal program shall consult
  3  2 a directory of certified targeted small businesses produced by
  3  3 the department of economic development that lists all
  3  4 certified targeted small businesses by category of goods or
  3  5 services provided prior to or upon release of the solicitation
  3  6 and shall send a copy of the request for proposal or
  3  7 solicitation to any appropriate targeted small business listed
  3  8 in the directory.  The Iowa department of economic development
  3  9 may charge the department, agency, area education agency,
  3 10 community college, or school district a reasonable fee to
  3 11 cover the cost of producing, distributing, and updating the
  3 12 directory.
  3 13    Sec. 6.  Section 256.9, subsection 42, Code 1997, is
  3 14 amended by striking the subsection.
  3 15    Sec. 7.  Section 256.11, subsection 5, paragraph h,
  3 16 unnumbered paragraph 1, Code 1997, is amended to read as
  3 17 follows:
  3 18    A minimum of three sequential units in at least four of the
  3 19 following six vocational service areas:  agriculture, business
  3 20 or office occupations, health occupations, family and consumer
  3 21 sciences or home economics occupations, industrial technology
  3 22 or trade and industrial education, and marketing education.
  3 23 Instruction shall be competency-based, articulated with
  3 24 postsecondary programs of study, and include field,
  3 25 laboratory, or on-the-job training.  Each sequential unit
  3 26 shall include instruction in a minimum set of competencies
  3 27 established by the department of education that relate to the
  3 28 following:  new and emerging technologies; job-seeking, job-
  3 29 adaptability, and other employment, self-employment and
  3 30 entrepreneurial skills that reflect current industry standards
  3 31 and labor-market needs; and reinforcement of basic academic
  3 32 skills.  The instructional programs shall also comply with the
  3 33 provisions of chapter 258 relating to vocational education.
  3 34 However, this paragraph does not apply to the teaching of
  3 35 vocational education in nonpublic schools.
  4  1    Sec. 8.  Section 256.11B, Code 1997, is amended to read as
  4  2 follows:
  4  3    256.11B  VOCATIONAL EDUCATION INSTRUCTION – NONPUBLIC
  4  4 SCHOOLS.
  4  5    A nonpublic school which provides an educational program
  4  6 that includes grades nine through twelve shall offer and teach
  4  7 five units of occupational education subjects, which may
  4  8 include, but are not limited to, programs, services, and
  4  9 activities which prepare students for employment in business
  4 10 or office occupations, trade and industrial occupations,
  4 11 consumer and family and consumer sciences or home economics
  4 12 occupations, agriculture occupations, marketing occupations,
  4 13 and health occupations.  By July 1, 1993, instruction
  4 14 Instruction shall be competency-based, articulated with
  4 15 postsecondary programs of study, and may include field,
  4 16 laboratory, or on-the-job training.
  4 17    Sec. 9.  Section 256.12, subsection 2, Code 1997, is
  4 18 amended to read as follows:
  4 19    2.  This section does not deprive the respective boards of
  4 20 public school districts of any of their legal powers,
  4 21 statutory or otherwise, and in accepting the specially
  4 22 enrolled students, each of the boards shall prescribe the
  4 23 terms of the special enrollment, including but not limited to
  4 24 scheduling of courses and the length of class periods.  In
  4 25 addition, the board of the affected public school district
  4 26 shall be given notice by the department of its decision to
  4 27 permit the special enrollment not later than six months prior
  4 28 to the opening of the affected public school district's school
  4 29 year, except that the board of the public school district may
  4 30 waive the notice requirement.  School districts and area
  4 31 education agency boards shall make public school services,
  4 32 which shall include special education programs and services
  4 33 and may include health services, services for remedial
  4 34 education programs, guidance services, and school testing
  4 35 services, available to children attending accredited nonpublic
  5  1 schools in the same manner and to the same extent that they
  5  2 are provided to public school students.  However, services
  5  3 that are made available shall be provided on neutral sites, or
  5  4 in mobile units located off the accredited nonpublic school
  5  5 premises as determined by the boards of the school districts
  5  6 and area education agencies providing the services, and not on
  5  7 accredited nonpublic school property, except for health
  5  8 services, diagnostic services for speech, hearing, and
  5  9 psychological purposes, and assistance with physical and
  5 10 communication needs of students with physical disabilities,
  5 11 and services of an educational interpreter, which may be
  5 12 provided on accredited nonpublic school premises, with the
  5 13 permission of the lawful custodian.
  5 14    Students enrolled in accredited nonpublic schools who
  5 15 receive services pursuant to this subsection shall be weighted
  5 16 at the level provided for in section 256B.9, subsection 1.
  5 17    A local school district providing services pursuant to this
  5 18 subsection shall submit an accounting to the department of
  5 19 education by August 1 following the school year for the actual
  5 20 costs of the special education programs and services provided.
  5 21 The department shall review and approve or modify the
  5 22 accounting by September 1 and shall notify the department of
  5 23 revenue and finance of the approved accounting amount.  The
  5 24 department of revenue and finance shall adjust the September
  5 25 payment to the local school district for the next fiscal year
  5 26 by the difference between the amount generated by the
  5 27 weighting for the provision of services to nonpublic school
  5 28 students attending accredited nonpublic schools, as provided
  5 29 in this subsection, and the amount of the actual costs as
  5 30 reflected in the local school district's accounting.  Any
  5 31 amount paid by the department of revenue and finance shall be
  5 32 deducted monthly from the state foundation aid paid under
  5 33 section 257.16 during that fiscal year to all school districts
  5 34 in the state.  The portion of the total amount of the approved
  5 35 accounting amount that shall be deducted from the state aid of
  6  1 a school district shall be the same as the ratio that the
  6  2 budget enrollment for the budget year of the school district
  6  3 bears to the total budget enrollment in the state for that
  6  4 budget year.
  6  5    Sec. 10.  Section 256.31, subsection 1, paragraph c, Code
  6  6 1997, is amended to read as follows:
  6  7    c.  A community college president chief executive officer
  6  8 appointed by an association which represents the largest
  6  9 number of community college presidents chief executive
  6 10 officers in the state.
  6 11    Sec. 11.  Section 256.45, unnumbered paragraphs 1, 3, and
  6 12 4, Code 1997, are amended to read as follows:
  6 13    The department of education shall establish within the
  6 14 department and administer the position of ambassador to
  6 15 education.  It shall be the function of the ambassador to
  6 16 education to act as an education liaison to primary and
  6 17 secondary schools in this state.  The ambassador to education
  6 18 position shall be filled by the educator selected as teacher
  6 19 of the year by the governor, but only if that person agrees to
  6 20 fill the ambassador to education position.
  6 21    The ambassador to education shall receive, in lieu of
  6 22 compensation from the district in which the ambassador is
  6 23 regularly employed, a salary which is equal to the amount of
  6 24 salary received by the person during the previous would have
  6 25 received from the district in the person's regular position
  6 26 during the school year for which the person serves as
  6 27 ambassador, or thirty thousand dollars, whichever amount is
  6 28 greater.  The ambassador shall also be compensated for actual
  6 29 expenses incurred as a result of the performance of duties
  6 30 under this section.
  6 31    The district which department shall grant funds in an
  6 32 amount equal to the salary and benefits the person selected as
  6 33 ambassador to education would have received from the district,
  6 34 or thirty thousand dollars, whichever amount is greater, to
  6 35 the school district that employs the person selected as the
  7  1 ambassador to education.  The department shall also reimburse
  7  2 the school district for actual expenses incurred as a result
  7  3 of the performance of duties under this section.  The school
  7  4 district shall grant the person a one-year sabbatical in order
  7  5 to allow the person to be the ambassador to education, and
  7  6 during the sabbatical, shall pay the salary and benefits of
  7  7 the ambassador with funds granted by the department.  The
  7  8 person selected as the ambassador to education shall be
  7  9 entitled to return to the person's same or a comparable
  7 10 position without loss of accrued benefits or seniority.
  7 11    Sec. 12.  Section 256.82, subsection 1, paragraph b,
  7 12 subparagraph (2), Code 1997, is amended to read as follows:
  7 13    (2)  One member shall be appointed jointly by the
  7 14 superintendents chief executive officers of the community
  7 15 colleges created by chapter 260C.
  7 16    Sec. 13.  Section 256B.9, subsection 4, Code 1997, is
  7 17 amended to read as follows:
  7 18    4.  On December 1, 1987, and no later than December 1 every
  7 19 two years thereafter, for the school year commencing the
  7 20 following July 1, the director of the department of education
  7 21 shall report to the school budget review committee the average
  7 22 costs of providing instruction for children requiring special
  7 23 education in the categories of the weighting plan established
  7 24 under this section, and for providing services to accredited
  7 25 nonpublic school students pursuant to section 256.12,
  7 26 subsection 2, and the director of the department of education
  7 27 shall make recommendations to the school budget review
  7 28 committee for needed alterations to make the weighting plan
  7 29 suitable for subsequent school years.  The school budget
  7 30 review committee shall establish the weighting plan for each
  7 31 school year and shall report the plan to the director of the
  7 32 department of education.  The school budget review committee
  7 33 may establish weights to the nearest hundredth.  The school
  7 34 budget review committee shall not alter the weighting assigned
  7 35 to pupils in a regular curriculum, but it may increase or
  8  1 decrease the weighting assigned to each category of children
  8  2 requiring special education by not more than two-tenths of the
  8  3 weighting assigned to pupils in a regular curriculum.  The
  8  4 state board of education shall adopt rules under chapter 17A
  8  5 to implement the weighting plan for each year and to assist in
  8  6 identification and proper indexing of each child in the state
  8  7 who requires special education.
  8  8    Sec. 14.  Section 256C.1, Code 1997, is amended to read as
  8  9 follows:
  8 10    256C.1  FAMILY RESOURCE CENTER DEMONSTRATION PROGRAM
  8 11 ESTABLISHED.
  8 12    If the general assembly appropriates moneys for the
  8 13 establishment of family resource centers, the department of
  8 14 education, in conjunction with the child development
  8 15 coordinating council, shall establish and coordinate a family
  8 16 resource center demonstration program to provide comprehensive
  8 17 child development and child care services, remedial
  8 18 educational and literacy services, and supportive services to
  8 19 parents who are recipients of assistance under the family
  8 20 investment program and other parents in need of services.  The
  8 21 program shall provide for the establishment location of family
  8 22 resource centers by the school year commencing July 1, 1994,
  8 23 which shall be located in at least three public schools, one
  8 24 located in a large school district, one located in a medium-
  8 25 sized school district, and one located in a small school
  8 26 district.  For purposes of this section a large school
  8 27 district is a district with an actual enrollment of five
  8 28 thousand or more pupils; a medium-sized school district is a
  8 29 district with an actual enrollment that is greater than one
  8 30 thousand one hundred ninety-nine pupils, but less than five
  8 31 thousand pupils; and a small school district is a district
  8 32 with an actual enrollment of one thousand one hundred ninety-
  8 33 nine or fewer pupils.
  8 34    Sec. 15.  Section 256C.2, unnumbered paragraph 2, Code
  8 35 1997, is amended to read as follows:
  9  1    A district applying for a grant under this section shall
  9  2 agree, for each dollar of grant funds, to provide twenty cents
  9  3 in matching cash or in-kind resources.  Grants may be awarded
  9  4 for four years, beginning July 1, 1994, and ending June 30,
  9  5 1998.  Up to ten percent of the moneys appropriated for the
  9  6 grant program may be used by the council for staffing,
  9  7 technical assistance, and external evaluation development.
  9  8 Notwithstanding section 8.33, unencumbered or unobligated
  9  9 funds remaining on June 30 of the fiscal year for which the
  9 10 funds were appropriated shall not revert but shall be
  9 11 available for expenditure for the following fiscal year for
  9 12 the purposes of this section.
  9 13    Sec. 16.  Section 257.31, Code 1997, is amended by adding
  9 14 the following new subsection:
  9 15    NEW SUBSECTION.  18.  The committee may request the auditor
  9 16 of state to conduct, in accordance with section 11.6, a
  9 17 complete or partial reaudit of a school district reported to
  9 18 the committee in accordance with section 11.14 because of an
  9 19 undesignated fund deficit in a fund specified in chapter 298A.
  9 20    Sec. 17.  Section 258.3A, subsections 1 and 3, Code 1997,
  9 21 are amended to read as follows:
  9 22    1.  Cooperate with the federal board for vocational United
  9 23 States department of education in the administration of the
  9 24 Act of Congress, as specified in section 258.1.
  9 25    3.  Adopt rules prescribing standards for approval of
  9 26 schools, departments, and classes; area vocational-technical
  9 27 high schools and vocational programs; and community colleges
  9 28 with vocational programs; and practitioner preparation
  9 29 schools, departments, and classes, applying for federal and
  9 30 state moneys under this chapter.
  9 31    Sec. 18.  Section 258.3A, subsection 2, Code 1997, is
  9 32 amended by striking the subsection.
  9 33    Sec. 19.  Section 258.4, subsections 1, 2, 3, 5, 6, and 10,
  9 34 Code 1997, are amended to read as follows:
  9 35    1.  Co-operate Cooperate with the federal board for
 10  1 vocational United States department of education in the
 10  2 administration of the Act of Congress, as specified in section
 10  3 258.1.
 10  4    2.  Provide for making studies and investigations relating
 10  5 to prevocational and vocational training education in
 10  6 agricultural, industrial agriculture, trades and industry,
 10  7 marketing, business and office, health, and commercial
 10  8 subjects, and home economics family and consumer sciences.
 10  9    3.  Promote and aid in the establishment in local
 10 10 communities and public schools of departments and classes
 10 11 giving programs providing instruction in subjects listed in
 10 12 subsection 2.
 10 13    5.  Make recommendations to the board of educational
 10 14 examiners relating to the enforcement of rules prescribing
 10 15 standards for teachers of subjects in programs listed in
 10 16 subsection 2 in accredited schools, departments, and classes.
 10 17    6.  Co-operate Cooperate in the maintenance of practitioner
 10 18 preparation schools, departments, and classes, supported and
 10 19 controlled by the public, programs for the training
 10 20 preparation of teachers and supervisors of subjects programs
 10 21 listed in subsection 2.
 10 22    10.  Enforce rules prescribing standards for approval of
 10 23 vocational education programs in schools, departments, and
 10 24 classes.
 10 25    Sec. 20.  Section 258.4, Code 1997, is amended by adding
 10 26 the following new subsection:
 10 27    NEW SUBSECTION.  13.  Incorporate in the director's annual
 10 28 report a full report of all receipts and expenditures under
 10 29 this chapter.
 10 30    Sec. 21.  Section 258.5, Code 1997, is amended to read as
 10 31 follows:
 10 32    258.5  REIMBURSEMENT FROM FEDERAL AND STATE MONEYS.
 10 33    If a school corporation maintains an approved vocational
 10 34 school, department, or classes program in accordance with the
 10 35 rules adopted by the state board, and rules and standards
 11  1 adopted by the board of educational examiners, and the state
 11  2 plan for vocational education, adopted by the board for
 11  3 vocational education and approved by the United States
 11  4 department of education, the director of the department of
 11  5 education shall reimburse the school corporation at the end of
 11  6 the fiscal year for its expenditures for salaries and
 11  7 authorized travel of vocational teachers from federal and
 11  8 state funds.  However, a school corporation shall not receive
 11  9 from federal and state funds a larger amount than one-half the
 11 10 sum which has been expended by the school corporation for that
 11 11 particular type of program.  If federal and state funds are
 11 12 not sufficient to make the reimbursement to the extent
 11 13 provided in this section, the director shall prorate the
 11 14 respective amounts available to the corporations entitled to
 11 15 reimbursement.
 11 16    The director may use federal funds to reimburse approved
 11 17 practitioner preparation schools, departments, or classes for
 11 18 the training of teachers of agriculture, home economics,
 11 19 trades and industrial education, distributive education, and
 11 20 for the training of guidance counselors.
 11 21    Sec. 22.  Section 258.9, Code 1997, is amended to read as
 11 22 follows:
 11 23    258.9  LOCAL ADVISORY COUNCIL.
 11 24    The board of directors of a school district that maintains
 11 25 a school, department, or class receiving federal or state
 11 26 funds under this chapter vocational program shall, as a
 11 27 condition of approval by the state board, appoint a local
 11 28 advisory council for vocational education composed of public
 11 29 members with emphasis on persons representing business,
 11 30 agriculture, industry, and labor.  The local advisory council
 11 31 shall give advice and assistance to the board of directors in
 11 32 the establishment and maintenance of schools, departments, and
 11 33 classes vocational programs that receive federal or state
 11 34 funds under this chapter.  Local advisory councils may be
 11 35 organized according to program area, school, community, or
 12  1 region.  The state board shall adopt rules requiring that the
 12  2 memberships of local advisory councils fairly represent each
 12  3 sex and minorities residing in the school district.  Members
 12  4 of an advisory council shall serve without compensation.
 12  5    Sec. 23.  Section 258.12, Code 1997, is amended to read as
 12  6 follows:
 12  7    258.12  CUSTODIAN OF FUNDS – REPORTS.
 12  8    The treasurer of state shall be custodian of the funds paid
 12  9 to the state from the appropriations made under said the Act
 12 10 of Congress as provided in section 258.1, and shall disburse
 12 11 the same funds on vouchers audited as provided by law.  The
 12 12 treasurer of state shall report the receipts and disbursements
 12 13 of said funds to the general assembly at each biennial regular
 12 14 session.
 12 15    Sec. 24.  Section 260C.4, subsection 4, paragraphs e and f,
 12 16 Code 1997, are amended to read as follows:
 12 17    e.  The director of the department of education shall give
 12 18 a community college which is to be removed from the approved
 12 19 list at least one year's notice.  The notice shall be given by
 12 20 registered or certified mail addressed to the superintendent
 12 21 chief executive officer of the community college and shall
 12 22 specify the reasons for removal.  The notice shall also be
 12 23 sent by ordinary mail to each member of the board of directors
 12 24 of the community college, and to the news media which serve
 12 25 the merged area where the school is located; but any good
 12 26 faith error or failure to comply with this sentence shall not
 12 27 affect the validity of any action by the director.  If, during
 12 28 the year, the community college remedies the reasons for
 12 29 removal and satisfies the director that it will thereafter
 12 30 comply with the laws and approval standards, the director
 12 31 shall continue the community college on the approved list and
 12 32 shall transmit to the community college notice of the action
 12 33 by registered or certified mail.
 12 34    f.  At any time during the year after notice is given, the
 12 35 board of directors of the community college may request a
 13  1 public hearing before the director of the department of
 13  2 education, by mailing a written request to the director by
 13  3 registered or certified mail.  The director shall promptly set
 13  4 a time and place for the public hearing, which shall be either
 13  5 in Des Moines or in the affected merged area.  At least thirty
 13  6 days' notice of the time and place of the hearing shall be
 13  7 given by registered or certified mail addressed to the
 13  8 superintendent chief executive officer of the community
 13  9 college.  At least ten days before the hearing, notice of the
 13 10 time and place of the hearing and the reasons for removal
 13 11 shall also be published by the department in a newspaper of
 13 12 general circulation in the merged area where the community
 13 13 college is located.
 13 14    Sec. 25.  Section 260C.5, subsections 1 and 9, Code 1997,
 13 15 are amended to read as follows:
 13 16    1.  Designate a community college as an "area vocational
 13 17 education school" within the meaning of, and for the purpose
 13 18 of administering, the Act of Congress designated the
 13 19 "Vocational Education Act of 1963" federal vocational
 13 20 education legislation.  A community college shall not be so
 13 21 designated by the director of the department of education for
 13 22 the expenditure of funds under 20 U.S.C. } 35c(a)(5), which
 13 23 has not been designated and classified as a community college
 13 24 by the state board.
 13 25    9.  Make arrangements with boards of merged areas and local
 13 26 school districts to permit students attending high school to
 13 27 participate in vocational-technical programs and advanced
 13 28 college placement courses and obtain credit for such
 13 29 participation for application toward the completion of a high
 13 30 school diploma.  The granting of credit is subject to the
 13 31 approval of the director of the department of education.
 13 32    Sec. 26.  Section 260C.5, subsection 6, Code 1997, is
 13 33 amended by striking the subsection.
 13 34    Sec. 27.  Section 260C.14, subsection 8, Code 1997, is
 13 35 amended to read as follows:
 14  1    8.  Set the salary of the area superintendent chief
 14  2 executive officer of the director district.  In setting the
 14  3 salary, the board shall consider the salaries of
 14  4 administrators of educational institutions in the merged area
 14  5 and the enrollment of the community college.
 14  6    Sec. 28.  Section 260C.35, Code 1997, is amended to read as
 14  7 follows:
 14  8    260C.35  LIMITATION ON SALE OF LAND.
 14  9    A merged area shall not purchase land which will increase
 14 10 the aggregate of land owned by the merged area, excluding land
 14 11 acquired by donation or gift, to more than three hundred
 14 12 twenty acres without the approval of the director of the
 14 13 department of education.  The limitation does not apply to a
 14 14 merged area owning more than three hundred twenty acres,
 14 15 excluding land acquired by donation or gift, prior to January
 14 16 1, 1969.
 14 17    With the approval of the director of the department of
 14 18 education, the The board of directors of a merged area at any
 14 19 time may sell any land in excess of one hundred sixty acres
 14 20 owned by the merged area, and an election is not necessary in
 14 21 connection with the sale.  The proceeds of the sale may be
 14 22 used for any of the purposes stated in section 260C.22.  This
 14 23 paragraph section is in addition to any authority under other
 14 24 provisions of law.
 14 25    Sec. 29.  Section 260C.38, unnumbered paragraphs 1 and 3,
 14 26 Code 1997, are amended to read as follows:
 14 27    The board of directors may, with the approval of the
 14 28 director of the department of education, enter into lease
 14 29 agreements, with or without purchase options, not to exceed
 14 30 twenty years in duration, for the leasing or rental of
 14 31 buildings for use basically as classrooms, laboratories,
 14 32 shops, libraries, and study halls for community college
 14 33 purposes, and pay for the leasing or rental with funds
 14 34 acquired pursuant to section sections 260C.17, section
 14 35 260C.18, and section 260C.22.  However, lease agreements
 15  1 extending for less than ten years and for less than twenty-
 15  2 five thousand dollars per year need not be submitted to the
 15  3 director of the department of education for approval.
 15  4    Before entering into a lease agreement with a purchase
 15  5 option for a building to be constructed, or placed, upon real
 15  6 estate owned by the community college, the board shall first
 15  7 adopt plans and specifications for the proposed building which
 15  8 it considers suitable for the intended use, and the board
 15  9 shall also adopt the proposed terms of the lease agreement and
 15 10 purchase option.  Upon obtaining the approval of the director
 15 11 of the department of education, if approval of the director is
 15 12 required, the The board shall invite bids, by advertisement
 15 13 published once each week for two consecutive weeks in the
 15 14 county where the building is to be located.  The lease
 15 15 agreement shall be awarded to the lowest responsible bidder,
 15 16 or the board may reject all bids and readvertise for new bids.
 15 17    Sec. 30.  Section 260C.47, subsection 6, Code 1997, is
 15 18 amended to read as follows:
 15 19    6.  The director of the department of education shall give
 15 20 a community college which has a program which fails to meet
 15 21 accreditation standards at least one year's notice prior to
 15 22 removal of accreditation of the program.  The notice shall be
 15 23 given by certified mail or restricted certified mail addressed
 15 24 to the superintendent chief executive officer of the community
 15 25 college and shall specify the reasons for removal of
 15 26 accreditation of the program.  The notice shall also be sent
 15 27 by ordinary mail to each member of the board of directors of
 15 28 the community college.  Any good faith error or failure to
 15 29 comply with the notice requirements shall not affect the
 15 30 validity of any action by the director.  If, during the year,
 15 31 the community college remedies the reasons for removal of
 15 32 accreditation of the program and satisfies the director that
 15 33 the community college will comply with the accreditation
 15 34 standards for that program in the future, the director shall
 15 35 continue the accreditation of the program of the community
 16  1 college and shall transmit notice of the action to the
 16  2 community college by certified mail or restricted certified
 16  3 mail.
 16  4    Sec. 31.  Section 273.2, unnumbered paragraph 3, Code 1997,
 16  5 is amended to read as follows:
 16  6    The area education agency board shall furnish educational
 16  7 services and programs as provided in sections 273.1 to 273.9
 16  8 and chapter 256B to the pupils enrolled in public or nonpublic
 16  9 schools located within its boundaries which are on the list of
 16 10 accredited schools pursuant to section 256.11.  The programs
 16 11 and services provided shall be at least commensurate with
 16 12 programs and services existing on July 1, 1974.  The programs
 16 13 and services provided to pupils enrolled in accredited
 16 14 nonpublic schools shall be comparable to programs and services
 16 15 provided to pupils enrolled in public schools within
 16 16 constitutional guidelines.
 16 17    Sec. 32.  Section 273.2, subsection 4, Code 1997, is
 16 18 amended to read as follows:
 16 19    4.  Auxiliary services for nonpublic school pupils
 16 20 attending accredited nonpublic schools as provided in section
 16 21 256.12.  However, if auxiliary services are provided their
 16 22 funding shall be based on the type of service provided.
 16 23    Sec. 33.  Section 279.10, subsection 1, Code 1997, is
 16 24 amended to read as follows:
 16 25    1.  The school year shall begin on the first day of July
 16 26 and each regularly established elementary and secondary school
 16 27 shall begin no sooner than a day during the calendar week in
 16 28 which the first day of September falls but no later than the
 16 29 first Monday in December.  However, if the first day of
 16 30 September falls on a Sunday, school may begin on a day during
 16 31 the calendar week which immediately precedes the first day of
 16 32 September.  School shall continue for at least one hundred
 16 33 eighty days, except as provided in subsection 3, and may be
 16 34 maintained during the entire calendar year.  However, if the
 16 35 board of directors of a district extends the school calendar
 17  1 because inclement weather caused the district to temporarily
 17  2 close school during the regular school calendar, the district
 17  3 may excuse a graduating senior who has met district or school
 17  4 requirements for graduation from attendance during the
 17  5 extended school calendar.  A school corporation may begin
 17  6 employment of personnel for in-service training and
 17  7 development purposes before the date to begin elementary and
 17  8 secondary school.
 17  9    Sec. 34.  Section 279.10, subsection 3, unnumbered
 17 10 paragraph 2, Code 1997, is amended to read as follows:
 17 11    The board shall file a request for approval with the
 17 12 department not later than November 1 March 15 of the preceding
 17 13 school year.  The request shall include a listing of the
 17 14 savings and goals to be attained under the innovative school
 17 15 year subject to rules adopted by the department under chapter
 17 16 17A.  The department shall notify the districts of the
 17 17 approval or denial of pilot programs not later than the next
 17 18 following January April 15.
 17 19    Sec. 35.  Section 279.10, subsection 4, Code 1997, is
 17 20 amended by striking the subsection.
 17 21    Sec. 36.  Section 282.18, subsection 2, unnumbered
 17 22 paragraph 1, Code 1997, is amended to read as follows:
 17 23    By January 1 of the preceding school year, the parent or
 17 24 guardian shall send notification to the district of residence,
 17 25 on forms prescribed by the department of education, that the
 17 26 parent or guardian intends to enroll the parent's or
 17 27 guardian's child in a public school in another school
 17 28 district.  If a parent or guardian fails to file a
 17 29 notification that the parent intends to enroll the parent's or
 17 30 guardian's child in a public school in another district by the
 17 31 deadline of January 1 of the previous year, and one of the
 17 32 criteria defined in subsection 16 exists for the failure to
 17 33 meet the deadline or if the request is to enroll a child in
 17 34 kindergarten in a public school in another district, the
 17 35 parent or guardian shall be permitted to enroll the child in
 18  1 the other district in the same manner as if the deadline had
 18  2 been met when any of the following circumstances exist:
 18  3    a.  One of the criteria defined in subsection 16 exists for
 18  4 the failure to meet the deadline.
 18  5    b.  The request is to enroll a child in kindergarten in a
 18  6 public school in another district.
 18  7    c.  Both the resident or sending school district and the
 18  8 receiving school district approve the late-filed request.
 18  9    Sec. 37.  Section 282.18, subsection 5, Code 1997, is
 18 10 amended to read as follows:
 18 11    5.  Each district shall provide notification to the parent
 18 12 or guardian relating to the transmission or denial of the
 18 13 request.  A district of residence shall provide for
 18 14 notification of transmission or denial to a parent or guardian
 18 15 within three days of board action on the request.  A receiving
 18 16 district shall provide notification to a parent or guardian,
 18 17 within fifteen days of board action on the request, of whether
 18 18 the pupil will be enrolled in that district or whether the
 18 19 request is to be denied.  If, within five days of receiving
 18 20 notification that the receiving district has denied the
 18 21 request, a parent or guardian who filed a timely request
 18 22 petitions the resident district to transfer the request to
 18 23 another receiving district, the request shall be considered
 18 24 timely filed.  The resident district shall transfer the
 18 25 request to another receiving district within five days after
 18 26 receiving the parent's or guardian's petition.
 18 27    Sec. 38.  Section 282.30, subsection 1, paragraph b,
 18 28 unnumbered paragraph 2, Code 1997, is amended to read as
 18 29 follows:
 18 30    An area education agency shall not provide educational
 18 31 services to a facility specified in paragraph "a" unless the
 18 32 facility makes a request for educational services to the area
 18 33 education agency by December January 1 of the school year
 18 34 prior to the beginning of the school year for which the
 18 35 services are being requested.
 19  1    Sec. 39.  Section 282.31, subsection 1, paragraph a, Code
 19  2 1997, is amended to read as follows:
 19  3    a.  A child who lives in a facility pursuant to section
 19  4 282.30, subsection 1, paragraph "a", and who is not enrolled
 19  5 in the educational program of the district of residence of the
 19  6 child, shall receive appropriate educational services.  The
 19  7 area education agency shall submit a proposed program and
 19  8 budget to the department of education by January February 1
 19  9 for the next succeeding school year.  The department of
 19 10 education shall review and approve or modify the program and
 19 11 proposed budget and shall notify the department of revenue and
 19 12 finance and the area education agency of its action by
 19 13 February March 1.
 19 14    PARAGRAPH DIVIDED.  The department of revenue and finance
 19 15 shall pay the approved budget amount for an area education
 19 16 agency in monthly installments beginning September 15 and
 19 17 ending June 15 of the next succeeding school year.  The
 19 18 installments shall be as nearly equal as possible as
 19 19 determined by the department of management, taking into
 19 20 consideration the relative budget and cash position of the
 19 21 state's resources.  The department of revenue and finance
 19 22 shall transfer the approved budget amount for an area
 19 23 education agency from the moneys appropriated under section
 19 24 257.16 and make the payment to the area education agency.
 19 25    PARAGRAPH DIVIDED.  The area education agency shall submit
 19 26 an accounting for the actual cost of the program to the
 19 27 department of education by August 1 of the following school
 19 28 year.  The department shall review and approve or modify all
 19 29 expenditures incurred in compliance with the guidelines
 19 30 pursuant to section 256.7, subsection 10, and shall notify the
 19 31 department of revenue and finance of the approved accounting
 19 32 amount.  The approved accounting amount shall be compared with
 19 33 any amounts paid by the department of revenue and finance to
 19 34 the area education agency and any differences added to or
 19 35 subtracted from the October payment made under this paragraph
 20  1 for the next school year.  Any amount paid by the department
 20  2 of revenue and finance shall be deducted monthly from the
 20  3 state foundation aid paid under section 257.16 to all school
 20  4 districts in the state during the subsequent fiscal year.  The
 20  5 portion of the total amount of the approved budget that shall
 20  6 be deducted from the state aid of a school district shall be
 20  7 the same as the ratio that the budget enrollment for the
 20  8 budget year of the school district bears to the total budget
 20  9 enrollment in the state for that budget year in which the
 20 10 deduction is made.
 20 11    Sec. 40.  Section 285.2, unnumbered paragraph 5, Code 1997,
 20 12 is amended to read as follows:
 20 13    Claims shall be accompanied by an affidavit of an officer
 20 14 of the public school district affirming the accuracy of the
 20 15 claim.  By February 1 and on or about June 15 Claims for
 20 16 reimbursement shall be made to the department of education by
 20 17 January 31 and July 15 of each school year, on forms
 20 18 prescribed by the department.  The department shall certify to
 20 19 the department of revenue and finance the amounts of approved
 20 20 claims to be paid, and the department of revenue and finance
 20 21 shall draw warrants payable to school districts which have
 20 22 established claims.  Claims shall be allowed where practical,
 20 23 and at the option of the public school district of the pupil's
 20 24 residence, subject to approval by the area education agency of
 20 25 the pupil's residence, under section 285.9, subsection 3, the
 20 26 public school district of the pupil's residence may transport
 20 27 a pupil to a school located in a contiguous public school
 20 28 district outside the boundary lines of the public school
 20 29 district of the pupil's residence.  The public school district
 20 30 of the pupil's residence may contract with the contiguous
 20 31 public school district or with a private contractor under
 20 32 section 285.5 to transport the pupils to the school of
 20 33 attendance within the boundary lines of the contiguous public
 20 34 school district.  The public school district in which the
 20 35 pupil resides may contract with the contiguous public school
 21  1 district or with a private contractor under section 285.5 to
 21  2 transport the pupil from the pupil's residence or from
 21  3 designated school bus collection locations to the school
 21  4 located within the boundary lines of the contiguous public
 21  5 school district, subject to the approval of the area education
 21  6 agency of the pupil's residence.  The public school district
 21  7 of the pupil's residence may utilize the reimbursement
 21  8 provisions of section 285.1, subsection 3.
 21  9    Sec. 41.  Section 285.3, Code 1997, is amended by striking
 21 10 the section and inserting in lieu thereof the following:
 21 11    285.3  PARENTAL REIMBURSEMENT FOR NONPUBLIC SCHOOL STUDENT
 21 12 TRANSPORTATION.
 21 13    1.  A parent or guardian of a student attending an ac-
 21 14 credited nonpublic school, who furnishes transportation for
 21 15 the student pursuant to section 285.1, and who meets the
 21 16 requirements of subsection 2, is entitled to reimbursement
 21 17 equal to an amount calculated under the provisions of section
 21 18 285.1, subsection 3.  In addition, parents or guardians who
 21 19 transport one or more family members more than four miles to
 21 20 their accredited nonpublic schools of attendance shall be
 21 21 entitled to one supplemental mileage payment per family, per
 21 22 claim period, equal to fifteen percent of the parental
 21 23 reimbursement amount, rounded to the nearest whole dollar,
 21 24 when calculated under the provisions of section 285.1,
 21 25 subsection 3.
 21 26    2.  To qualify for parental reimbursement under subsection
 21 27 1, a parent or guardian of a student attending an accredited
 21 28 nonpublic school, who furnishes transportation for the student
 21 29 pursuant to section 285.1, shall submit a claim for
 21 30 reimbursement to the resident public school district,
 21 31 notifying the district that the student is enrolled and
 21 32 attending an accredited nonpublic school.  Claims for
 21 33 reimbursement shall be filed with the district by December 1
 21 34 and May 1 annually and shall include the name, age, and grade
 21 35 level of the student and the name of the accredited nonpublic
 22  1 school and its location.  The district shall submit claims for
 22  2 reimbursement to the department of education on behalf of the
 22  3 parent or guardian if the parent or guardian meets the
 22  4 requirements of this section.
 22  5    Sec. 42.  Section 294A.14, subsection 2, unnumbered
 22  6 paragraph 6, Code 1997, is amended to read as follows:
 22  7    Any summer school program, for which the teacher's salary
 22  8 is paid or supplemented under a supplemental pay plan, shall
 22  9 be open to nonpublic school students attending accredited
 22 10 nonpublic schools in the manner provided in section 256.12.
 22 11    Sec. 43.  Section 294A.25, subsection 5, Code 1997, is
 22 12 amended to read as follows:
 22 13    5.  Commencing with the fiscal year beginning July 1, 1990,
 22 14 the amount of sixty seventy-five thousand dollars for the
 22 15 ambassador to education program under section 256.43.
 22 16    Sec. 44.  Section 299.4, Code 1997, is amended to read as
 22 17 follows:
 22 18    299.4  REPORTS AS TO PRIVATE INSTRUCTION.
 22 19    The parent, guardian, or legal custodian of a child who is
 22 20 of compulsory attendance age, who places the child under
 22 21 competent private instruction under either section 299A.2 or
 22 22 299A.3, not in an accredited school or a home school
 22 23 assistance program operated by a public or accredited
 22 24 nonpublic school, shall furnish a report in duplicate on forms
 22 25 provided by the public school district, to the district by the
 22 26 earliest starting date specified in section 279.10, subsection
 22 27 1 September 1 of the school year in which the child is placed
 22 28 under private instruction.  The secretary shall retain and
 22 29 file one copy and forward the other copy to the district's
 22 30 area education agency.  The report shall state the name and
 22 31 age of the child, the period of time during which the child
 22 32 has been or will be under competent private instruction for
 22 33 the year, an outline of the course of study, texts used, and
 22 34 the name and address of the instructor.  The parent, guardian,
 22 35 or legal custodian of a child, who is placing the child under
 23  1 competent private instruction, for the first time, shall also
 23  2 provide the district with evidence that the child has had the
 23  3 immunizations required under section 139.9.  The term "outline
 23  4 of course of study" shall include subjects covered, lesson
 23  5 plans, and time spent on the areas of study.
 23  6    Sec. 45.  Sections 257.17, 258.6, 258.10, and 258.13, Code
 23  7 1997, are repealed.  
 23  8 HF 625
 23  9 kh/pk/25
     

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