Text: HSB00056 Text: HSB00058 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 257.35, Code 1997, is amended to read 1 2 as follows: 1 3 257.35 AREA EDUCATION AGENCY PAYMENTS. 1 4 The department of management shall deduct the amounts 1 5 calculated for special education support services, media 1 6 services, and educational services for each school district 1 7 from the state aid due to the district pursuant to this 1 8 chapter and shall pay the amounts to the respective area 1 9 education agencies on a monthly basis from September 15 1 10 through June 15 during each school year. If a school district 1 11 is utilizing section 273.18 for media services, or educational 1 12 services, or both, the department of management shall pay the 1 13 amount to the contiguous area education agency in the manner 1 14 provided in this section. The department of management shall 1 15 notify each school district of the amount of state aid 1 16 deducted for these purposes and the balance of state aid shall 1 17 be paid to the district. If a district does not qualify for 1 18 state aid under this chapter in an amount sufficient to cover 1 19 its amount due to the area education agency as calculated by 1 20 the department of management, the school district shall pay 1 21 the deficiency to the area education agency from other moneys 1 22 received by the district, on a quarterly basis during each 1 23 school year. 1 24 Sec. 2. Section 273.2, unnumbered paragraphs 1, 3, and 4, 1 25 Code 1997, are amended to read as follows: 1 26 There are established throughout the state fifteen area 1 27 education agencies, each of which is governed by an area 1 28 education agency board of directors. The boundaries of an 1 29 area education agency shall not divide a school district.The1 30 When necessary, the director of the department of education 1 31 shall change boundaries of area education agencies to take 1 32 into account mergers of local school districts and changes in 1 33 boundaries of local school districts, when necessary to1 34maintain the policy of this chapter that a local school1 35district shall not be a part of more than one area education2 1agency. 2 2TheExcept as provided in section 273.18, the area 2 3 education agency board shall furnish educational services and 2 4 programs as provided in sections 273.1 to 273.9 and chapter 2 5 256B to the pupils enrolled in public or nonpublic schools 2 6 located within its boundaries which are on the list of 2 7 accredited schools pursuant to section 256.11. The programs 2 8 and services provided shall be at least commensurate with 2 9 programs and services existing on July 1, 1974. The programs 2 10 and services provided to pupils enrolled in nonpublic schools 2 11 shall be comparable to programs and services provided to 2 12 pupils enrolled in public schools within constitutional 2 13 guidelines. 2 14TheExcept as provided in section 273.18, the area 2 15 education agency board shall provide for special education 2 16 services and media services for the local school districtsin2 17the areaand shall encourage and assist school districts in 2 18 the area to establish programs for gifted and talented 2 19 children. 2 20 Sec. 3. Section 273.3, subsections 5, 6, and 22, Code 2 21 1997, are amended to read as follows: 2 22 5. Be authorized, subject to rules of the state board of 2 23 education, to provide directly or by contractual arrangement 2 24 with public or private agencies for special education programs 2 25 and services, media services, and educational programs and 2 26 services requested by the local boards of education as 2 27 provided in this chapter, including but not limited to 2 28 contracts for the area education agency to provide programs or 2 29 services to the local school districts and contracts for local 2 30 school districts, other educational agencies, and public and 2 31 private agencies to provide programs and services to the local 2 32 school districtsinserved by the area education agency in 2 33 lieu of the area education agency providing the services. 2 34 Contracts may be made with public or private agencies located 2 35 outside the state if the programs and services comply with the 3 1 rules of the state board. Rules adopted by the state board of 3 2 education shall be consistent with rules, adopted by the board 3 3 of educational examiners, relating to licensing of 3 4 practitioners. 3 5 6. Area education agencies may cooperate and contract 3 6 between themselves and with other public agencies to provide 3 7 special education programs and services, media services, and 3 8 educational services to schools and children residing within 3 9 their respective areas and as provided in section 273.18. 3 10 Area education agencies may provide print and nonprint 3 11 materials to public and private colleges and universities that 3 12 have teacher education programs approved by the state board of 3 13 education. 3 14 22. Meet annually with the members of the boards of 3 15 directors of the school districts located within its 3 16 boundaries, and with the members of the boards of directors of 3 17 school districts receiving services under section 273.18, if 3 18 requested by the school district boards. 3 19 Sec. 4. Section 273.4, subsections 1 and 2, Code 1997, are 3 20 amended to read as follows: 3 21 1.Co-operateCooperate with boards of directors of local 3 22 school districtsofserved by the area education agency in 3 23 considering and developing plans for the improvement of the 3 24 educational programs and services in the area education 3 25 agency. 3 26 2. When requested, provide such other assistance as 3 27 possible to school districtsofserved by the area education 3 28 agency for the general improvement of their educational 3 29 programs and operations. 3 30 Sec. 5. Section 273.6, subsection 2, paragraph a, Code 3 31 1997, is amended to read as follows: 3 32 a. Evidence that the services proposed are based upon an 3 33 analysis of the needs of the local school districtsin3 34 receiving services from the area education agency. 3 35 Sec. 6. Section 273.7A, unnumbered paragraph 1, Code 1997, 4 1 is amended to read as follows: 4 2 The board of an area education agency may provide services 4 3 to school districts located in the area education agency, and 4 4 as provided in section 273.18, under contract with the school 4 5 districts. These services may include, but are not limited 4 6 to, superintendency services, personnel services, business 4 7 management services, specialized maintenance services, and 4 8 transportation services. In addition, the board of the area 4 9 education agency may provide for furnishing expensive and 4 10 specialized equipment for school districts. School districts 4 11 shall pay to area education agencies the cost of providing the 4 12 services. 4 13 Sec. 7. NEW SECTION. 273.18 OPEN ENROLLMENT FOR SCHOOL 4 14 DISTRICTS. 4 15 1. A school district may request that an area education 4 16 agency contiguous to the school district's resident area 4 17 education agency provide all programs and services of 4 18 educational or media services, or both, as offered by the 4 19 receiving area education agency, to the school district under 4 20 an open enrollment program in the manner provided in this 4 21 section. A school district shall not request the open 4 22 enrollment program from a contiguous area education agency for 4 23 the purpose of utilizing any specific educational or media 4 24 services program or service. 4 25 2. By October 30 of the preceding school year, the school 4 26 district shall send notification to the area education agency 4 27 of residence and the receiving contiguous area education 4 28 agency, on forms prescribed by the department of education, 4 29 that the school district intends to purchase educational or 4 30 media services, or both, from the receiving contiguous area 4 31 education agency. The board of directors of the receiving 4 32 contiguous area education agency shall approve or disapprove 4 33 the application within thirty days of receipt of the 4 34 application and shall transmit a copy of the decision to the 4 35 board of directors of the school district and the board of 5 1 directors of the area education agency of residence within 5 2 five days after board action. The board of the school 5 3 district shall notify the department of management of its 5 4 intent by December 15 of the preceding school year. The 5 5 addition to the combined district cost of the school district 5 6 for media services or educational services, or both, under 5 7 section 257.37 for a district participating in open 5 8 enrollment, as provided in this section, shall be included in 5 9 the payments made under section 257.35 to the receiving 5 10 contiguous area education agency. 5 11 3. A receiving contiguous area education agency shall 5 12 approve an application unless the area education agency can 5 13 show good cause why it should not approve the application. 5 14 4. If a request is denied by the receiving contiguous area 5 15 education agency board, the board of the school district may 5 16 appeal the decision to the director of the department of 5 17 education in accordance with chapter 17A. 5 18 5. A request by a school district for open enrollment 5 19 under this section is for a period of not less than two years 5 20 and may be renewed at the expiration of the initial period of 5 21 approval. Upon the expiration of the period of approval, the 5 22 board of directors of the school district may utilize the 5 23 procedures of subsections 2 and 4 to request media services, 5 24 or educational services, or both, from the area education 5 25 agency of residence, or a different area education agency 5 26 contiguous to the resident area education agency. The new 5 27 receiving contiguous area education agency shall notify the 5 28 school district, the area education agency of residence, and 5 29 the previous receiving contiguous area education agency within 5 30 five days of board action on the application. 5 31 6. The department of education shall recommend, and the 5 32 state board of education shall adopt, rules for the 5 33 implementation of this section, including, but not limited to, 5 34 a provision establishing a definition of "good cause" in 5 35 accordance with subsection 3. 6 1 Sec. 8. Section 294A.14, subsection 2, unnumbered 6 2 paragraph 5, Code 1997, is amended to read as follows: 6 3 For area education agencies, additional instructional work 6 4 assignments may include but are not limited to providing 6 5 assistance and support to school districts in general 6 6 curriculum planning and development, providing assistance to 6 7 school districts in vertical articulation of curriculum and 6 8 horizontal curriculum coordination, development of educational 6 9 measurement practices for school districtsin the area6 10education agency, development of plans for assisting beginning 6 11 teachers during their first year of teaching, attendance or 6 12 instruction at summer staff development programs, development 6 13 of staff development programs for school district teachers to 6 14 be presented during the school year, participation in family 6 15 support programs, development of staff development programs 6 16 which provide instruction in conflict resolution and mediation 6 17 techniques, assisting school district teachers in the 6 18 development of anger management instructional programs for 6 19 students, and other plans determined in the manner specified 6 20 in section 294A.15 and approved by the department of education 6 21 under section 294A.16 that are of equal importance or more 6 22 appropriately meet the educational needs of the area education 6 23 agency. 6 24 Sec. 9. EFFECTIVE DATE. This Act takes effect July 1, 6 25 1997, for the school year commencing July 1, 1998. 6 26 EXPLANATION 6 27 This bill establishes an "open enrollment" procedure for 6 28 school districts that wish to purchase educational or media 6 29 services, or both, from a contiguous area education agency 6 30 rather than the district's area education agency of residence. 6 31 A school district may request, by October 30 of the 6 32 preceding school year, that an area education agency 6 33 contiguous to the school district's resident area education 6 34 agency provide all educational or media services, or both, to 6 35 the school district. The district must also notify the area 7 1 education agency of residence and the department of management 7 2 of its intent by October 30 and November 15 of the preceding 7 3 school year, respectively. 7 4 The board of directors of the receiving area education 7 5 agency has 30 days to approve or disapprove the application 7 6 and must transmit a copy of the decision to the school 7 7 district and area education agency of residence within five 7 8 days of its action. A receiving area education agency is 7 9 required to approve an application unless there is good cause. 7 10 The state board of education is directed to adopt rules 7 11 establishing a definition of "good cause". If a request is 7 12 denied by the receiving area education agency board, the 7 13 school district may appeal the decision to the director of the 7 14 department of education. 7 15 A request is effective for a period of not less than two 7 16 years and need not be renewed at the expiration of the initial 7 17 period. The procedures outlined for the initial transfer of 7 18 media services or educational services, or both, apply after 7 19 the initial period, if the school district elects to receive 7 20 educational or media services, or both, from the area 7 21 education agency of residence or a different area education 7 22 agency contiguous to the resident area education agency. 7 23 To ensure that the development of educational measurement 7 24 practices for a school district by an area education agency 7 25 under the open enrollment program established under this bill 7 26 qualifies as an additional instructional work assignment for 7 27 educational excellence program purposes, a conforming change 7 28 is made in the appropriate educational excellence program 7 29 provision of the Code. 7 30 LSB 1415XL 77 7 31 kh/jj/8.1
Text: HSB00056 Text: HSB00058 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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