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PAG LIN 1 1 SENATE FILE 2366 1 2 1 3 AN ACT 1 4 RELATING TO THE LICENSING AND EMPLOYMENT OF PRACTITIONERS 1 5 AND THE SCHOOL DISTRICTS EMPLOYING THEM, MAKING 1 6 APPROPRIATIONS, AND INCLUDING RETROACTIVE APPLICABILITY 1 7 AND EFFECTIVE DATE PROVISIONS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. DEPARTMENT OF EDUCATION. There is appropriated 1 12 from the general fund of the state to the department of 1 13 education for the fiscal year beginning July 1, 1998, and 1 14 ending June 30, 1999, the following amount, or so much thereof 1 15 as is necessary, to be used for the purposes designated: 1 16 1. For frontier school or extended school year grants: 1 17 .................................................. $ 1,500,000 1 18 Of the funds appropriated in this subsection, $300,000 1 19 shall be used to provide grants in the amount of $50,000 each 1 20 to six school districts for extended year school pilot 1 21 projects, and the department of education shall expend up to 1 22 $75,000 to contract with an accredited private postsecondary 1 23 institution or an institution of higher learning under the 1 24 control of the state board of regents to conduct a study of 1 25 the effectiveness of extended school years on student 1 26 achievement. 1 27 By September 1, 1998, the department shall establish 1 28 criteria and a process for the awarding of grants for planning 1 29 or implementation purposes. Grants shall be equitably 1 30 distributed geographically among rural and urban areas. 1 31 Notwithstanding section 8.33, unencumbered or unobligated 1 32 funds remaining on June 30 of the fiscal year for which the 1 33 funds were appropriated shall not revert but shall be 1 34 available for expenditure for the following fiscal year for 1 35 the purposes of this subsection. 2 1 2. To the board of educational examiners, for purposes of 2 2 developing and implementing a multi-level voluntary para- 2 3 educator licensing system in accordance with section 272.12, 2 4 if enacted: 2 5 .................................................. $ 75,000 2 6 3. For deposit in the Iowa empowerment fund if legislation 2 7 providing for the creation of an Iowa empowerment board, an 2 8 Iowa empowerment fund, and for the appropriation of moneys to 2 9 be administered by a community empowerment area, is enacted by 2 10 the Seventy-seventh General Assembly, 1998 Session: 2 11 .................................................. $ 5,200,000 2 12 4. For deposit in the national board for professional 2 13 teaching standards certification fund in accordance with 2 14 section 256.44, if enacted: 2 15 .................................................. $ 250,000 2 16 5. For beginning teacher induction program grants as 2 17 provided in chapter 256E, if enacted: 2 18 .................................................. $ 240,000 2 19 It is the intent of the general assembly that grants 2 20 awarded from funds appropriated under this subsection shall 2 21 provide support to a minimum of one hundred thirty-three teams 2 22 of mentors and beginning teachers. 2 23 6. For purposes of the practitioner performance 2 24 improvement program as provided in section 279.14A, if 2 25 enacted: 2 26 .................................................. $ 300,000 2 27 7. For the establishment and implementation of an 2 28 instructional leadership pilot program as provided in sections 2 29 279.59 through 279.61, if enacted: 2 30 .................................................. $ 1,000,000 2 31 By January 15, 1999, the department of education shall 2 32 prepare and submit a proposal for a program for leadership 2 33 development of practitioners and school board members to the 2 34 chairpersons and ranking members of the house and senate 2 35 standing education committees and of the joint subcommittee on 3 1 education appropriations. 3 2 Sec. 2. Section 256.16, Code 1997, is amended to read as 3 3 follows: 3 4 256.16 SPECIFIC CRITERIA FORTEACHERPRACTITIONER 3 5 PREPARATIONAND CERTAIN EDUCATORS. 3 6 1. Pursuant to section 256.7, subsection 5, the state 3 7 board shall adopt rules requiring all higher education 3 8 institutions providing practitioner preparation toinclude in3 9the professional education program, preparationdemonstrate 3 10 that each student who graduates from the practitioner 3 11 preparation program successfully completed the following: 3 12 a. Preparation that contributes to education of students 3 13 with disabilities and students who are gifted and talented,3 14which must be successfully completed before graduation from3 15the practitioner preparation program. 3 16 b. Preparation for recognizing at-risk students, and for 3 17 understanding and ameliorating the behavior of at-risk 3 18 students. For purposes of this section, "at-risk students" 3 19 shall include students who are "at-risk" as defined under 3 20 administrative rules adopted by the state board of education, 3 21 or who are at risk of becoming a substance abuser, or who have 3 22 been identified as a substance abuser. 3 23 c. Preparation for accelerating the achievement of 3 24 students through the use of learning techniques that shall 3 25 include, but are not limited to, reading instruction in 3 26 phonics. 3 27 2. A person initially applying for a license shall 3 28 successfully complete a professional education program 3 29 containing the subject matter specified in this section, 3 30 before the initial action by the board of educational 3 31 examiners takes place. 3 32 Sec. 3. NEW SECTION. 256.17A TEACHER INTERNSHIP PILOT 3 33 PROGRAM. 3 34 1. If the general assembly appropriates moneys for a 3 35 teacher internship pilot program, the department of education 4 1 shall, by November 1, 1998, establish and implement a 4 2 competitive pilot program approval process open to Iowa 4 3 colleges and universities with master's programs in 4 4 practitioner preparation approved by the state board. 4 5 2. To be eligible to receive a grant under this section, 4 6 an eligible institution shall submit to the department of 4 7 education a plan for an internship program that, at a minimum, 4 8 includes the following: 4 9 a. Student interns enrolled in the program shall complete 4 10 a one-year teaching experience conducted in a collaborating 4 11 school district. A student intern shall have graduated from 4 12 an approved practitioner preparation program offered by an 4 13 institution of higher education under the state board of 4 14 regents or an accredited private institution as defined in 4 15 section 261.9. A student intern shall be an employee of the 4 16 participating school district. The amount of money a school 4 17 district shall pay to a student intern shall be negotiated by 4 18 the school district and the eligible institution in 4 19 consultation with the department of education. 4 20 b. Application of the best teaching practices in diverse 4 21 settings and in responding to diverse student needs under the 4 22 supervision of selected district teachers and personnel 4 23 employed by the eligible institution. 4 24 c. Seminars and special projects designed to meet student 4 25 intern needs. 4 26 d. Collaboration and support from a participating school 4 27 district relating to supervision and assessment of the student 4 28 intern's performance. 4 29 e. Collaboration and support from the eligible institution 4 30 in developing rigorous graduate coursework and in matters 4 31 relating to supervision, instruction, and evaluation of the 4 32 student intern in conjunction with personnel employed by the 4 33 participating school district. 4 34 3. Student interns who enroll in the program shall receive 4 35 graduate credit for successful completion of teacher 5 1 internship program coursework. The successful completion of a 5 2 one-year teacher internship under the program shall be 5 3 recognized as the equivalent of one year of teaching 5 4 experience. 5 5 4. A teacher who is employed by a school district and who 5 6 acts as a clinical supervisor for the teacher internship pilot 5 7 program shall be eligible for a stipend of one thousand 5 8 dollars per semester of participation in the program. The 5 9 stipend and the costs of the employer's share of contributions 5 10 to federal social security and the Iowa public employees' 5 11 retirement system established under chapter 294, for such 5 12 amounts by the district, shall be paid from moneys received by 5 13 the participating school district from moneys appropriated to 5 14 the department of education pursuant to this section. 5 15 5. Moneys received by a school district under this section 5 16 shall not be commingled with state aid payments made under 5 17 section 257.16 to a school district and shall be accounted for 5 18 by the school district separately from state aid payments. 5 19 6. Payments made to school districts under this section 5 20 are miscellaneous income for purposes of chapter 257 and are 5 21 considered encumbered. A school district shall maintain a 5 22 separate budget listing for payments received and expenditures 5 23 made pursuant to this section. 5 24 7. Moneys received by a school district under this section 5 25 shall not be used for payment of any collective bargaining 5 26 agreement or arbitrator's decision negotiated or awarded under 5 27 chapter 20. 5 28 8. Annually on or by January 15, the eligible institution 5 29 shall submit a report describing activities associated with 5 30 the program to the department of education, which shall 5 31 summarize the reports received and submit the summary to the 5 32 chairpersons and ranking members of the standing house and 5 33 senate education committees. 5 34 9. a. There is appropriated from the general fund of the 5 35 state to the department of education for the fiscal year 6 1 beginning July 1, 1998, and ending June 30, 1999, the sum of 6 2 two hundred twenty thousand dollars for the teacher internship 6 3 pilot program. 6 4 b. There is appropriated from the general fund of the 6 5 state to the department of education for each fiscal year of 6 6 the fiscal period beginning July 1, 1999, and ending June 30, 6 7 2001, the sum of five hundred seventy-five thousand dollars 6 8 for the teacher internship pilot program. 6 9 Sec. 4. NEW SECTION. 256.22 FRONTIER SCHOOL AND EXTENDED 6 10 YEAR SCHOOL GRANT PROGRAM. 6 11 1. Subject to an appropriation of sufficient funds by the 6 12 general assembly, the department shall establish a frontier 6 13 school and extended year school grant program to provide for 6 14 the allocation of grants to school districts, or a 6 15 collaboration of school districts, to provide technical 6 16 assistance for conversion of an existing school to a frontier 6 17 school or to an extended school year calendar, or for 6 18 investigating the possibility of converting an existing school 6 19 within a district to a frontier school or to an extended 6 20 school year calendar. A district that wants to participate in 6 21 the program shall submit to the department a written request 6 22 for a grant by September 1, 1998. The school district or 6 23 collaboration of school districts shall agree to appoint a 6 24 planning committee composed of parents, guardians, teachers, 6 25 administrators, and individuals representing business, and the 6 26 local community. The school district or collaboration shall 6 27 also indicate in its request its intention to use any grant 6 28 moneys received under this section to examine, at a minimum, 6 29 all of the following: 6 30 a. Mission and instructional focus of the school. 6 31 b. Organizational structure and management of the school. 6 32 c. Impact of labor agreements and contracts on the success 6 33 of the school. 6 34 d. Roles and responsibilities of all involved 6 35 constituencies. 7 1 e. Arrangements for special needs students. 7 2 f. Connection of the school to the district. 7 3 g. Facility and operation costs. 7 4 h. Measurement of results including student achievement 7 5 results. 7 6 2. Grant moneys shall be distributed to qualifying school 7 7 districts by the department no later than October 15, 1998. 7 8 Grant amounts shall be distributed as determined by the 7 9 department. Not more than fifteen of the grants awarded per 7 10 year in accordance with this section shall be used for 7 11 purposes of frontier school planning or conversion. 7 12 3. For purposes of this section, "frontier school" means a 7 13 school that is nonsectarian in its program, admission 7 14 policies, employment practices, and all other operations. The 7 15 school is a public school and is part of the state's system of 7 16 public education. The primary focus of a frontier school 7 17 shall be to provide a comprehensive program of instruction for 7 18 at least one grade or age group from five through eighteen 7 19 years of age. Frontier schools may be designed to allow 7 20 significant autonomy to the schools. However, frontier 7 21 schools shall be accountable for significant results. 7 22 4. By February 15, 1999, a school district or 7 23 collaboration of districts receiving moneys under this section 7 24 shall submit an interim report to the department describing 7 25 the planning activities conducted by the school district or 7 26 the collaboration and providing preliminary conclusions. The 7 27 school district or collaboration shall submit a final report 7 28 by June 1, 1999, to the department. The department shall 7 29 summarize the school district reports in a final report to the 7 30 chairpersons and ranking members of the house and senate 7 31 standing education committees by January 1, 2000. 7 32 5. Except as provided in this subsection, frontier schools 7 33 are exempt from all statutes and rules applicable to a school, 7 34 a school board, or a school district, although a frontier 7 35 school may elect to comply with one or more provisions of 8 1 statute or rule. However, a frontier school shall meet all 8 2 applicable state and local health and safety requirements; the 8 3 frontier school shall be organized and operated as a nonprofit 8 4 cooperative association under chapter 498 or nonprofit 8 5 corporation under chapter 504A; the provisions of chapters 21 8 6 and 22 shall apply to meetings and records of the frontier 8 7 school board; and frontier schools are subject to and shall 8 8 comply with chapters 216 and 216A relating to civil and human 8 9 rights, and sections 275.55A, 279.9A, 280.17B, 280.21B, and 8 10 282.4, relating to suspension and expulsion of a student. The 8 11 frontier school shall employ or contract with necessary 8 12 teachers, as defined in section 272.1, who hold a valid 8 13 license with an endorsement for the type of service for which 8 14 the teacher is employed. Frontier schools are subject to the 8 15 same financial audits, audit procedures, and audit 8 16 requirements as a school district. The audits shall be 8 17 consistent with the requirements of sections 11.6, 11.14, 8 18 11.19, 256.9, subsection 19, and section 279.29, except to the 8 19 extent deviations are necessary because of the program at the 8 20 school. The department, auditor of state, or the legislative 8 21 fiscal bureau may conduct financial, program, or compliance 8 22 audits. The provisions of chapter 20 shall not apply to the 8 23 board of directors of a frontier school or its employees. 8 24 Sec. 5. NEW SECTION. 256.44 NATIONAL BOARD CERTIFICATION 8 25 AWARD APPROPRIATION. 8 26 1. A teacher, as defined in section 272.1, who registers 8 27 for a national board for professional teaching standards 8 28 certificate and is employed by a school district in Iowa shall 8 29 be eligible for a registration award as provided in subsection 8 30 2, and upon achievement of a national board for professional 8 31 teaching standards certificate, is eligible for an annual 8 32 award of ten thousand dollars for each year the certificate is 8 33 valid as provided in this section. 8 34 2. To receive a partial registration award in the amount 8 35 of one-half of the registration fee charged by the national 9 1 board for professional teaching standards, the teacher shall 9 2 apply to the department of education within one year of 9 3 registration, submitting to the department any documentation 9 4 the department requires. A teacher shall receive a final 9 5 registration award in the amount of the remaining registration 9 6 fee charged by the national board if the teacher notifies the 9 7 department of the teacher's certification achievement and 9 8 submits any documentation requested by the department. 9 9 3. To receive a five-year annual award for achieving 9 10 certification by the national board of professional teaching 9 11 standards, a teacher shall apply to the department within one 9 12 year of eligibility. Payment for awards shall be made only 9 13 upon departmental approval of an application or 9 14 recertification of eligibility. A nonrenewable term of 9 15 eligibility shall be for five years or for the years the 9 16 certificate is valid, whichever time period is shorter. In 9 17 order to continue receipt of payments, a recipient shall 9 18 annually recertify eligibility. 9 19 4. A national board for professional teaching standards 9 20 certification fund is established in the office of treasurer 9 21 of state to be administered by the department. Moneys 9 22 appropriated by the general assembly for deposit in the fund 9 23 shall be paid as follows: 9 24 a. Upon receipt of award documentation as provided in 9 25 subsection 2. 9 26 b. On January 15 to teachers whose applications and 9 27 recertifications for annual awards as provided in subsection 3 9 28 are approved by the department. The treasurer of state shall 9 29 act as custodian of the fund and may invest the moneys 9 30 deposited in the fund. The income from any investment shall 9 31 be credited to and deposited in the fund. The director of 9 32 revenue and finance shall issue warrants upon the fund 9 33 pursuant to the order of the department and such warrants 9 34 shall be paid from the fund by the treasurer of state. 9 35 Notwithstanding section 8.33, unencumbered or unobligated 10 1 moneys remaining in the fund on June 30 of the fiscal year for 10 2 which the funds were appropriated shall not revert but shall 10 3 be available for subsequent fiscal years for the purposes of 10 4 this section. 10 5 5. An individual shall not qualify for a term of annual 10 6 award eligibility unless the individual applies, certifying 10 7 eligibility, to the department prior to June 30, 2003. 10 8 Sec. 6. Section 256.45, unnumbered paragraphs 1, 3, and 4, 10 9 Code 1997, are amended to read as follows: 10 10 The department of education shall establishwithin the10 11departmentand administer the position of ambassador to 10 12 education. It shall be the function of the ambassador to 10 13 education to act as an education liaison to primary and 10 14 secondary schools in this state. The ambassador to education 10 15 position shall be filled by the educator selected as teacher 10 16 of the year by the governor, but only if that person agrees to 10 17 fill the ambassador to education position. 10 18 The ambassador to education shall receive, in lieu of 10 19 compensation from the district in which the ambassador is 10 20 regularly employed, a salarywhich isequal to the amount of 10 21 salaryreceived bythe personduring the previouswould have 10 22 received from the district in the person's regular position 10 23 during the school year for which the person serves as 10 24 ambassador, or thirty thousand dollars, whichever amount is 10 25 greater. The ambassador shall also be compensated for actual 10 26 expenses incurred as a result of the performance of duties 10 27 under this section. 10 28 Thedistrict whichdepartment shall grant funds in an 10 29 amount equal to the salary and benefits the person selected as 10 30 ambassador to education would have received from the district, 10 31 or thirty thousand dollars, whichever amount is greater, to 10 32 the school district that employs the person selected as the 10 33 ambassadorto education. The department shall also reimburse 10 34 the school district for actual expenses incurred as a result 10 35 of the performance of duties under this section. The school 11 1 district shall grant the person a one-year sabbatical in order 11 2 to allow the person to be the ambassador to education, and 11 3 during the sabbatical, shall pay the salary and benefits of 11 4 the ambassador with funds granted by the department. The 11 5 person selected as the ambassador to education shall be 11 6 entitled to return to the person's same or a comparable 11 7 position without loss of accrued benefits or seniority. 11 8 Sec. 7. NEW SECTION. 256E.1 BEGINNING TEACHER INDUCTION 11 9 PROGRAM ESTABLISHED GRANTS. 11 10 If the general assembly appropriates moneys for purposes of 11 11 teacher induction, the department of education shall 11 12 coordinate a beginning teacher induction program to promote 11 13 excellence in teaching, to build a supportive environment 11 14 within school districts, to increase the retention of 11 15 promising beginning teachers, and to promote the personal and 11 16 professional well-being of teachers. The department of 11 17 education shall develop a process for awarding beginning 11 18 teacher induction grants to school districts, and shall adopt 11 19 rules pursuant to chapter 17A relating to the equitable 11 20 distribution of grants to school districts to reflect 11 21 diversity geographically and by population. 11 22 Sec. 8. NEW SECTION. 256E.2 DEFINITIONS. 11 23 As used in this chapter, unless the context otherwise 11 24 requires: 11 25 1. "Beginning teacher" means an individual serving under 11 26 an initial provisional or conditional license, issued by the 11 27 board of educational examiners under chapter 272, who is 11 28 assuming a position as a classroom teacher. 11 29 2. "Board of directors" means the board of directors of a 11 30 school district or a collaboration of boards of directors of 11 31 school districts. 11 32 3. "Classroom teacher" means an individual who holds a 11 33 valid practitioner's license and who is employed by a school 11 34 district under sections 279.13 through 279.19 in a school 11 35 district or area education agency in this state to provide 12 1 instruction to students. 12 2 4. "Department" means the department of education. 12 3 5. "Director" means the director of the department of 12 4 education. 12 5 6. "District facilitator" means a licensed professional 12 6 pursuant to chapter 272 who is appointed by the board of 12 7 directors, or a collaboration of districts, to serve as the 12 8 liaison between the board of directors and the department for 12 9 the beginning teacher induction program. 12 10 7. "Mentor" means an individual employed by a school 12 11 district or area education agency as a classroom teacher and 12 12 who holds a valid license to teach issued under chapter 272. 12 13 Sec. 9. NEW SECTION. 256E.3 DISTRICT PLAN. 12 14 1. A board of directors of a school district or the boards 12 15 of directors of a collaboration of school districts 12 16 participating in the beginning teacher induction program shall 12 17 appoint a district facilitator, whose duties shall include, 12 18 but are not limited to, overseeing the development of a plan 12 19 for meeting the goals of the program as set forth in section 12 20 256E.1, and composing a district committee pursuant to 12 21 subsection 2. The board of directors may contract with a 12 22 public or private postsecondary institution with an approved 12 23 practitioner preparation program, or with a member of the 12 24 instructional staff of an approved practitioner preparation 12 25 program, to perform the duties of the district facilitator in 12 26 accordance with this chapter. 12 27 2. The membership of the district committee composed by 12 28 the district facilitator shall include, but is not limited to, 12 29 licensed practitioners and an area education agency staff 12 30 development professional. 12 31 3. The district committee shall adopt a plan and written 12 32 procedures for a mentor program consistent with this chapter. 12 33 The plan and the written procedures shall, at a minimum, 12 34 provide the process for the selection of and the number of 12 35 mentors; the mentor training process; the timetable by which 13 1 the plan shall be implemented; placement of mentors and 13 2 beginning teachers; the minimum amount of contact time between 13 3 mentors and beginning teachers; the minimum amount of release 13 4 time for mentors and beginning teachers for meetings for 13 5 planning, demonstration, observation, feedback, and workshops; 13 6 the process for dissolving mentoring partnerships; and the 13 7 process for measuring the results of the program. The 13 8 district committee shall recommend to the board of directors 13 9 or boards of directors of a collaboration the names of 13 10 classroom teachers eligible to be mentors. 13 11 4. The district facilitator shall submit the plan, and the 13 12 proposed costs of implementing the plan, to the board of 13 13 directors or boards of directors of a collaboration, which 13 14 shall consider the plan and, once approved, submit the plan 13 15 and a reasonable cost proposal to the department of education, 13 16 which shall award grants as equitably as possible based on the 13 17 geographic and population diversity of the school districts 13 18 submitting plans. Grants may be awarded in subsequent years 13 19 based upon the most recent plan on file with the department. 13 20 5. The district committee is encouraged to work with area 13 21 education agencies and postsecondary institutions in the 13 22 preparation and implementation of a plan. 13 23 Sec. 10. NEW SECTION. 256E.4 BEGINNING TEACHER AND 13 24 MENTOR SELECTION AND PLACEMENT. 13 25 1. To be eligible to be a mentor, a licensed practitioner 13 26 shall, at a minimum, be employed by a school district as a 13 27 classroom teacher, have a record of at least four years of 13 28 effective practice, have been employed for one full year in 13 29 the district on a nonprobationary basis, and demonstrate 13 30 professional commitment to the improvement of teaching and 13 31 learning, and the development of beginning teachers. 13 32 2. The district facilitator shall place beginning teachers 13 33 in a manner that provides the greatest opportunity to 13 34 participate with the largest number of mentors. 13 35 Sec. 11. NEW SECTION. 256E.5 BEGINNING TEACHER INDUCTION 14 1 STATE SUBSIDY FUND. 14 2 1. A teacher who is enrolled as a mentor in an approved 14 3 beginning teacher induction program shall be eligible for an 14 4 award of five hundred dollars per semester of participation in 14 5 the program, which shall be paid from moneys received pursuant 14 6 to this section by the school district employing the mentor. 14 7 2. Moneys received by a school district pursuant to this 14 8 chapter shall be expended to provide mentors with awards in 14 9 accordance with subsection 1, to implement the plan, to 14 10 provide for a stipend for the district facilitator, and to pay 14 11 the costs of the employer's share of contributions to federal 14 12 social security and the Iowa public employees' retirement 14 13 system or a pension and annuity retirement system established 14 14 under chapter 294, for such amounts paid by the district. 14 15 3. Moneys received by a school district under this chapter 14 16 are miscellaneous income for purposes of chapter 257 or are 14 17 considered encumbered. Each local school district shall 14 18 maintain a separate listing within their budget for payments 14 19 received and expenditures made pursuant to this section. 14 20 4. Moneys received for purposes of this chapter shall not 14 21 be used for payment of any collective bargaining agreement or 14 22 arbitrator's decision negotiated or awarded under chapter 20. 14 23 5. A beginning teacher induction fund is established in 14 24 the office of the treasurer of state to be administered by the 14 25 department. Moneys appropriated by the general assembly for 14 26 deposit in the fund shall be used to provide funding to school 14 27 districts pursuant to the requirements of this section. 14 28 6. Notwithstanding section 8.33, unencumbered or 14 29 unobligated funds remaining on June 30 of the fiscal year for 14 30 which the funds were appropriated shall not revert but shall 14 31 be available for expenditure in the following fiscal year for 14 32 the purposes of this section. 14 33 Sec. 12. NEW SECTION. 256E.6 REPORTS. 14 34 The board of directors of a school district or the boards 14 35 of directors of a collaboration of school districts 15 1 implementing an approved beginning teacher induction program 15 2 as provided in this chapter shall submit an assessment of the 15 3 program's results by July 1 of the fiscal year succeeding the 15 4 year in which the school district or the collaboration of 15 5 school districts received moneys under this chapter. The 15 6 department shall annually report the statewide results of the 15 7 program to the chairpersons and the ranking members of the 15 8 house and senate education committees by January 1. 15 9 Sec. 13. NEW SECTION. 256F.1 LEGISLATIVE FINDINGS AND 15 10 INTENT. 15 11 The general assembly finds that it is in the best interest 15 12 of the state to encourage and fund early education programs 15 13 focused on kindergarten through grade three in the public 15 14 school districts. The goal of these programs is to improve 15 15 student achievement in the basic educational subject matters 15 16 of reading, language arts, and mathematics, and to accomplish 15 17 proficiency in those subjects by grade four. Toward that 15 18 goal, it is the intent of this chapter to establish and fund 15 19 an early childhood education imperatives program. 15 20 Sec. 14. NEW SECTION. 256F.2 EARLY CHILDHOOD EDUCATION 15 21 IMPERATIVES PROGRAM APPROPRIATION. 15 22 1. There is appropriated from the general fund of the 15 23 state to the department of education for the fiscal year 15 24 beginning July 1, 1998, and for each succeeding fiscal year, 15 25 the sum of nine million dollars for the early childhood 15 26 education imperatives program. 15 27 2. For each fiscal year for which moneys are appropriated 15 28 in subsection 1, the amount of moneys allocated to school 15 29 districts shall be in the proportion that the basic enrollment 15 30 of a district bears to the sum of the basic enrollments of all 15 31 school districts in the state for the budget year. However, a 15 32 district shall not receive less than seven thousand five 15 33 hundred dollars in a fiscal year. 15 34 3. For each year for which an appropriation is made to the 15 35 early childhood education imperatives program, the department 16 1 of education shall notify the department of revenue and 16 2 finance of the amount to be paid to each school district based 16 3 upon the distribution plan set forth for the appropriation 16 4 made pursuant to this section. The allocation to each school 16 5 district under this section shall be made in one payment on or 16 6 about October 15 of the fiscal year for which the 16 7 appropriation is made, taking into consideration the relative 16 8 budget and cash position of the state resources. Prior to the 16 9 receipt of moneys, school districts shall provide to the 16 10 department of education adequate assurance that they have 16 11 developed or are developing an early childhood education plan 16 12 as required by section 256F.3 and that moneys received under 16 13 this section will be used in accordance with the required 16 14 early childhood education plan. 16 15 4. Moneys received under this section shall not be 16 16 commingled with state aid payments made under sections 257.16 16 17 to a school district and shall be accounted for by the school 16 18 district separately from state aid payments. 16 19 5. Payments made to school districts under this section 16 20 are miscellaneous income for purposes of chapter 257 or are 16 21 considered encumbered. Each school district shall maintain a 16 22 separate listing within their budgets for payments received 16 23 and expenditures made pursuant to this section. 16 24 6. Moneys received under this section shall not be used 16 25 for payment of any collective bargaining agreement or 16 26 arbitrator's decision negotiated or awarded under chapter 20. 16 27 Sec. 15. NEW SECTION. 256F.3 EARLY CHILDHOOD EDUCATION 16 28 IMPERATIVES PROGRAM REPORTS. 16 29 1. Progress, as determined by school districts through 16 30 appropriate assessments, for children enrolled in kindergarten 16 31 through grade three in attaining or surpassing student 16 32 achievement goals as established under the accreditation 16 33 process in chapter 256, and an accounting of the use of the 16 34 moneys received by the school districts in accordance with 16 35 this chapter, shall be submitted in an annual report to the 17 1 department of education by September 1 in the fiscal year 17 2 beginning July 1, 1999, and in each succeeding year. Each 17 3 school district shall also certify, in the annual report to 17 4 the department, that the school districts used the moneys 17 5 received under this chapter to supplement, and not to 17 6 supplant, the moneys otherwise received and used by the school 17 7 district for kindergarten through grade three education 17 8 purposes. 17 9 2. The department shall submit, to the chairpersons and 17 10 ranking members of the house and senate education committees 17 11 by January 1, 2000, a report describing the ways in which the 17 12 school districts are making use of the moneys received under 17 13 this chapter, and including the school districts, if any, that 17 14 used moneys received under this chapter to supplant funds the 17 15 school district was already receiving for kindergarten through 17 16 grade three education purposes. 17 17 3. The department shall submit, to the chairpersons and 17 18 ranking members of the house and senate education committees 17 19 by January 1, 2002, a report describing school district 17 20 progress on attaining or surpassing student achievement goals. 17 21 Sec. 16. NEW SECTION. 256F.4 EARLY CHILDHOOD EDUCATION 17 22 IMPERATIVES PROGRAM EXPENDITURES. 17 23 School districts shall expend funds received pursuant to 17 24 section 256F.2 to support reading instruction in phonics, and 17 25 other education practices, programs, or assistance for 17 26 kindergarten through grade three that may include, but are not 17 27 limited to, the following: reducing adult to student ratios 17 28 through the hiring of teachers, former teachers, and para- 17 29 educator teaching assistants; talented and gifted programs; 17 30 and implementation of instructional programs designed to 17 31 improve student achievement in the areas of reading, language 17 32 arts, and mathematics. 17 33 Sec. 17. NEW SECTION. 256F.5 REPEAL. 17 34 This chapter is repealed effective July 1, 2001, except 17 35 that section 256F.3 is not repealed until January 1, 2002. 18 1 Sec. 18. Section 257.1, subsection 2, unnumbered paragraph 18 2 3, Code 1997, is amended to read as follows: 18 3 For the budget year commencing July 1,19951999, the 18 4 department of management shall add the amount of the 18 5 additional budget adjustment computed in section 257.14, 18 6 subsection 2, to the combined foundation base. 18 7 Sec. 19. NEW SECTION. 257.13 ON-TIME FUNDING FOR 18 8 INCREASED ENROLLMENT. 18 9 1. If a district's actual enrollment for the budget year, 18 10 determined under section 257.6, is greater than its budget 18 11 enrollment for the budget year, the district may submit a 18 12 request to the school budget review committee for on-time 18 13 funding for increased enrollment. The school budget review 18 14 committee shall consider the relative increase in enrollment 18 15 on a district-by-district basis, in determining whether to 18 16 approve the request, and shall determine the amount of 18 17 additional funding to be provided if the request is granted. 18 18 An application for on-time funding must be received by the 18 19 department of education by October 1. Written notice of the 18 20 committee's decision shall be given through the department of 18 21 education to the school board for a district. 18 22 2. If the school budget review committee approves a 18 23 request for on-time funding for increased enrollment, the 18 24 funding shall be in an amount up to the product of one-third 18 25 of the state cost per pupil for the budget year multiplied by 18 26 the difference between the actual enrollment for the budget 18 27 year and the budget enrollment for the budget year. The 18 28 additional funding received under this section is 18 29 miscellaneous income to the district. 18 30 3. Moneys appropriated by the general assembly for 18 31 purposes of this section shall be paid to school districts in 18 32 one lump sum within thirty days of notification by the school 18 33 budget review committee of approval for on-time funding for 18 34 increased enrollment for a budget year. If the requests 18 35 approved by the school budget review committee exceed the 19 1 appropriation made for purposes of this section, the payments 19 2 to school districts receiving approval for on-time funding 19 3 shall be prorated such that each school district approved for 19 4 on-time funding shall receive an amount of on-time funding 19 5 equal to the percentage that the on-time funding to be 19 6 provided to the district bears to the total amount of on-time 19 7 funding to be provided to all districts receiving approval. 19 8 4. If the board of directors of a school district 19 9 determines that a need exists for additional funds exceeding 19 10 the amount provided in this section, a request for 19 11 supplemental aid based upon increased enrollment may be 19 12 submitted to the school budget review committee as provided in 19 13 section 257.31. 19 14 5. A school district which is receiving a budget 19 15 adjustment for a budget year pursuant to section 257.14 shall 19 16 receive on-time funding for increased enrollment, reduced by 19 17 the amount of the budget adjustment for that budget year. 19 18 6. There is appropriated from the general fund of the 19 19 state to the department of education for the fiscal year 19 20 beginning July 1, 1999, and for each succeeding fiscal year, 19 21 the sum of four million dollars or as much thereof as is 19 22 necessary to pay additional funding authorized under this 19 23 section. 19 24 Sec. 20. Section 257.14, Code Supplement 1997, is amended 19 25 to read as follows: 19 26 257.14 BUDGET ADJUSTMENT. 19 27 1. For the budget years commencing July 1, 1997,andJuly 19 28 1, 1998, and July 1, 1999, if the department of management 19 29 determines that the regular program district cost of a school 19 30 district for a budget year is less than the total of the 19 31 regular program district cost plus any adjustment added under 19 32 this section for the base year for that school district, the 19 33 department of management shall provide a budget adjustment for 19 34 that district for that budget year that is equal to the 19 35 difference. 20 1 2. For the budget year beginning July 1,19951999, if the 20 2 department of management determines that the regular program 20 3 district cost plus the budget adjustment computed under 20 4 subsection 1 of a school district is less than one hundred one 20 5 percent of the total of the regular program district cost plus 20 6 any adjustment added under this section for the base year for 20 7 that school district, the department of management shall 20 8 provide an additional budget adjustment for that budget year 20 9 that is equal to the difference. 20 10 Sec. 21. Section 257.20, subsection 2, paragraph a, Code 20 11 1997, is amended to read as follows: 20 12 a. However, for the fiscal year beginning July 1, 1998, 20 13 moneys appropriated under this subsection shall not exceed the 20 14 amount of moneys appropriated as instructional support state 20 15 aid for the budget year which commenced on July 1, 1992. For 20 16 the fiscal year beginning July 1, 1999, and for each 20 17 succeeding fiscal year, moneys appropriated under this 20 18 subsection shall not exceed the sum of sixteen million seven 20 19 hundred ninety-eight thousand two hundred twenty-seven 20 20 dollars. 20 21 Sec. 22. Section 272.1, Code 1997, is amended by adding 20 22 the following new subsection: 20 23 NEW SUBSECTION. 4A. "Para-educator" means a person who is 20 24 licensed to assist a teacher in the performance of 20 25 instructional tasks to support and assist classroom 20 26 instruction and related school activities. 20 27 Sec. 23. NEW SECTION. 272.12 PARA-EDUCATOR LICENSES. 20 28 1. The board of educational examiners shall adopt rules 20 29 pursuant to chapter 17A relating to a multi-level voluntary 20 30 licensing system ranging from para-educator generalist to 20 31 para-educator specialist. The rules shall outline the 20 32 instructional and other school activity tasks the individuals 20 33 licensed under this section may perform. The board shall 20 34 determine whether an applicant is qualified to perform the 20 35 duties for which a para-educator license is sought. 21 1 2. Applicants for a para-educator license as a generalist 21 2 must hold a high school diploma from an accredited secondary 21 3 school or a high school equivalency diploma issued in 21 4 accordance with chapter 259A. The applicant must also have 21 5 completed additional in-service training in at least all of 21 6 the following areas: 21 7 a. Behavior management. 21 8 b. Ethical responsibilities and behavior. 21 9 c. Exceptional child and at-risk child behavior. 21 10 d. Collaboration skills and interpersonal relations. 21 11 e. Child and youth development. 21 12 3. Applicants for a para-educator license as a specialist 21 13 must meet the requirements of subsection 2 and additional 21 14 requirements as prescribed by rule. 21 15 4. A public school district, area education agency, 21 16 community college, institution of higher education under the 21 17 state board of regents, or an accredited private institution 21 18 as defined in section 261.9, subsection 1, with a program 21 19 approved by the state board of education, may train and 21 20 recommend individuals for board licensure. 21 21 5. Applicants shall be disqualified for any of the 21 22 following reasons: 21 23 a. The applicant is less than eighteen years of age. 21 24 b. The applicant has a record of founded child abuse. 21 25 c. The applicant has been convicted of a felony. 21 26 d. The applicant's application is fraudulent. 21 27 e. The applicant's license or certification from another 21 28 state is suspended or revoked. 21 29 f. The applicant fails to meet board standards for 21 30 application for an initial or renewed license. 21 31 6. Qualifications or criteria for the granting or 21 32 revocation of a license or the determination of an 21 33 individual's professional standing shall not include 21 34 membership or nonmembership in any teachers' organization. 21 35 Sec. 24. Section 279.14, Code 1997, is amended to read as 22 1 follows: 22 2 279.14 EVALUATION CRITERIA AND PROCEDURES. 22 3 1. The board shall establish evaluation criteria and shall 22 4 implement evaluation procedures. If an exclusive bargaining 22 5 representative has been certified, the board shall negotiate 22 6 in good faith with respect to evaluation procedures pursuant 22 7 to chapter 20. 22 8 2. Notwithstanding chapter 20, any challenge to an 22 9 evaluation raised after the service of the notice of intent to 22 10 recommend termination of a teacher's continuing contract in 22 11 accordance with section 279.15 shall be brought only in the 22 12 hearing before the school board held in accordance with 22 13 section 279.16. 22 14 Sec. 25. NEW SECTION. 279.14A PRACTITIONER PERFORMANCE 22 15 IMPROVEMENT PROGRAM. 22 16 1. The department of education shall establish and 22 17 implement a voluntary practitioner performance improvement 22 18 program that shall provide technical assistance to teachers 22 19 and administrators from each public school district and area 22 20 education agency. Individuals under contract with a school 22 21 district may receive technical assistance in accordance with 22 22 this subsection. The department shall consult with the Iowa 22 23 state education association, the Iowa association of school 22 24 boards, the school administrators of Iowa, the professional 22 25 educators of Iowa, and, as practicable, other entities 22 26 providing similar programs, in developing the program. At a 22 27 minimum, the program shall provide administrators with 22 28 training, including but not limited to, seminars and written 22 29 materials, relating to the areas of employment policies and 22 30 procedures, employment documentation, performance evaluations, 22 31 corrective performance techniques, discipline, termination, 22 32 and support by qualified individuals for implementation of the 22 33 program. Training received by an administrator in accordance 22 34 with this section shall apply toward an administrator's 22 35 evaluator approval renewal. 23 1 2. The department shall submit an annual report to the 23 2 chairpersons and ranking members of the house and senate 23 3 standing education committees summarizing program activities 23 4 and describing the department's plans for improving or 23 5 changing the program. 23 6 Sec. 26. Section 279.19, unnumbered paragraph 1, Code 23 7 1997, is amended to read as follows: 23 8 The firsttwothree consecutive years of employment of a 23 9 teacher in the same school district are a probationary period. 23 10 However,aif the teacher has successfully completed a 23 11 probationary period of employment for another school district 23 12 located in Iowa, the probationary period in the current 23 13 district of employment shall not exceed one year. A board of 23 14 directors may waive the probationary period for any teacher 23 15 who previously has served a probationary period in another 23 16 school district and the board may extend the probationary 23 17 period for an additional year with the consent of the teacher. 23 18 Sec. 27. Section 279.46, Code 1997, is amended to read as 23 19 follows: 23 20 279.46 RETIREMENT INCENTIVES TAX. 23 21 The board of directors of a school district may adopt a 23 22 program for payment of a monetary bonus, continuation of 23 23 health or medical insurance coverage, or other incentives for 23 24 encouraging its employees to retire before the normal 23 25 retirement date as defined in chapter 97B. The program is 23 26 available only to employees betweenfifty-ninefifty-five and 23 27 sixty-five years of age who notify the board of directors 23 28 prior toMarchApril 1 of the fiscal year that they intend to 23 29 retire not later than the next following June 30. However, 23 30 the age at which employees shall be designated eligible for 23 31 the program, within the age range of fifty-five to sixty-five 23 32 years of age, shall be at the discretion of the board. An 23 33 employee retiring under this section shall apply for a 23 34 retirement allowance under chapter 97B or chapter 294.IfThe 23 35 board may include in the district management levy an amount to 24 1 pay the total estimated accumulated cost toathe school 24 2 district of the health or medical insurance coverage, bonus, 24 3 or other incentives for employees who retire under this 24 4 sectiondoes not exceed the estimated savings in salaries and24 5benefits for employees who replace the employees who retire24 6under the program, the board may include in the district24 7management levy an amount to pay the costs of the program24 8provided in this section. 24 9 Sec. 28. NEW SECTION. 279.59 STATEMENT OF PURPOSE. 24 10 The purpose of the instructional leadership pilot program 24 11 is to recognize and reward teachers and administrators for 24 12 outstanding leadership, performance, and service. The program 24 13 is intended to encourage and reinforce masterful teaching and 24 14 leadership, and provide extensive professional and financial 24 15 recognition to teachers and administrators who are achieving 24 16 outstanding results in their work with students. 24 17 Sec. 29. NEW SECTION. 279.60 INSTRUCTIONAL LEADERSHIP 24 18 PILOT PROGRAM. 24 19 1. Subject to an appropriation of sufficient funds by the 24 20 general assembly, the department shall establish and implement 24 21 an instructional leadership pilot program to be administered 24 22 in cooperation with school districts in the state. The 24 23 instructional leadership pilot program shall include, but not 24 24 be limited to, all of the following: 24 25 a. A nomination procedure that permits nominations to be 24 26 made by a practitioner or other individuals. 24 27 b. Award distribution to individual practitioners or to 24 28 nominated teams of practitioners. 24 29 c. Award eligibility based upon a satisfactory or higher 24 30 ranking on a performance evaluation by the practitioner's 24 31 administrator or a recommendation from the board of directors 24 32 of the school district, and certification by the school 24 33 district that the practitioner improved student achievement in 24 34 the school year of award eligibility. To receive an award a 24 35 practitioner must have successfully completed at least three 25 1 consecutive years of service under contract with a school 25 2 district in this state. 25 3 d. Voluntary participation by a nominee. 25 4 e. Use of objective methods for measuring improvement in 25 5 student achievement. Multiple measurement and assessment 25 6 tools may be used to measure student achievement. However, 25 7 the practitioner or the school district may request approval 25 8 from the director of the department of education to use an 25 9 alternative method for measuring improvement in student 25 10 achievement. The director's decision shall be final. 25 11 2. The department shall develop and distribute to school 25 12 districts a weighting system for criteria evaluation to be 25 13 used by districts in making awards to practitioners that ranks 25 14 the criteria in the following order of priority: improvement 25 15 in student achievement, practitioner participation as a member 25 16 or leader of a team, initiative to improve student achievement 25 17 and student change, practitioner advancement through education 25 18 or professional designation achievement, and community 25 19 involvement. In addition to the criteria established in 25 20 accordance with this section, a school district may provide 25 21 additional weighted criteria for evaluation, including, but 25 22 not limited to, classroom or school environment and objective 25 23 measures of teaching skill. 25 24 3. To nominate a practitioner or team of practitioners for 25 25 an award, an individual shall submit an application and 25 26 report, on a form designed and distributed to school districts 25 27 by the department of education, to a local school district 25 28 coordinator designated by the board of directors of the school 25 29 district. The form shall be completed by the practitioner, 25 30 one colleague, one administrator, and three parents selected 25 31 by the practitioner, and shall be forwarded to the local 25 32 school district coordinator. 25 33 4. The local school district coordinator shall submit the 25 34 forms to the department, which shall tabulate and rank for 25 35 each school district the applications received according to 26 1 the minimum criteria established in accordance with subsection 26 2 2. 26 3 5. The board of directors shall also consult with 26 4 practitioners to plan appropriate recognition events within 26 5 the school district for presentation of the awards. 26 6 6. Applications submitted under this section shall be 26 7 considered confidential personnel records under section 22.7. 26 8 7. A teacher receiving a national board certification 26 9 registration or annual award under section 256.44 shall be 26 10 ineligible for an award under the instructional leadership 26 11 pilot program as established in this section. 26 12 For purposes of this section, "practitioner" means the same 26 13 as defined in section 272.1. 26 14 Sec. 30. NEW SECTION. 279.61 INSTRUCTIONAL LEADERSHIP 26 15 PILOT PROGRAM FUNDING. 26 16 1. Subject to an appropriation of sufficient funds by the 26 17 general assembly, and the establishment of an instructional 26 18 leadership pilot program, by September 15, each school 26 19 district willing to participate in the instructional 26 20 leadership pilot program shall notify the department of 26 21 education of the intent to participate in the program. 26 22 2. From the moneys appropriated for purposes of this 26 23 program, the amount of moneys allocated to school districts 26 24 that have notified the department of the intent to participate 26 25 in the program shall be in the proportion that the basic 26 26 enrollment of a district bears to the sum of the basic 26 27 enrollments of all school districts in the state for the 26 28 budget year that are willing to participate in the program. 26 29 However, the amount of an award to a school district shall not 26 30 exceed the sum of one hundred thousand dollars. 26 31 3. For each year in which an appropriation is made to the 26 32 instructional leadership pilot program, the department of 26 33 education shall notify the department of revenue and finance 26 34 of the amount to be paid to each school district based upon 26 35 the distribution plan set forth for the appropriation made 27 1 pursuant to this section. The allocation to each school 27 2 district under this section shall be made in one payment on or 27 3 about January 15 of the fiscal year in which the appropriation 27 4 is made, taking into consideration the relative budget and 27 5 cash position of the state resources. 27 6 4. Moneys received under this section shall not be 27 7 commingled with state aid payments made under section 257.16 27 8 to a school district and shall be accounted for by the local 27 9 school district separately from state aid payments. 27 10 5. Payments made to school districts under this section 27 11 are miscellaneous income for purposes of chapter 257 or are 27 12 considered encumbered. Each local school district shall 27 13 maintain a separate listing within their budget for payments 27 14 received and expenditures made pursuant to this section. 27 15 6. Moneys received under this section shall not be used 27 16 for payment of any collective bargaining agreement or 27 17 arbitrator's decision negotiated or awarded under chapter 20. 27 18 7. Awards to practitioners under this program shall not be 27 19 built into the base pay for the practitioner, but shall be 27 20 included in the calculation to determine pension contributions 27 21 in the year in which the award is received. 27 22 Sec. 31. NEW SECTION. 279.62 FUTURE REPEAL. 27 23 This section and sections 279.59 through 279.61 are 27 24 repealed effective July 1, 2003. 27 25 Sec. 32. Section 280.18, unnumbered paragraph 2, Code 27 26 1997, is amended to read as follows: 27 27 In order to achieve the goal of improving student 27 28 achievement and performance on a statewide basis, the board of 27 29 directors of each school district shall adopt goals that will 27 30 improve student achievement at each grade level in the skills 27 31 listed in this section and other skills deemed important by 27 32 the board.Not later than July 1, 1989, theAt a minimum, 27 33 each board shall adopt a goal of addressing the educational 27 34 inequities among Iowa's minority students and develop plans 27 35 for improving minority student academic performance. The 28 1 board of each district shall transmit to the department of 28 2 education its plans for achieving the goals it has adopted and 28 3 the periodic assessment that will be used to determine whether 28 4 its goals have been achieved. The committee appointed by the 28 5 board under section 280.12 shall advise the board concerning 28 6 the development of goals, the assessment process to be used, 28 7 and the measurements to be used. 28 8 Sec. 33. Section 294A.5, Code 1997, is amended to read as 28 9 follows: 28 10 294A.5 MINIMUM SALARY SUPPLEMENT. 28 11 1. For the school year beginning July 1,19871998, and 28 12 succeeding school years, the minimum annual salary paid to a 28 13 full-time teacher as regular compensation shall beeighteen28 14 twenty-three thousand dollars. 28 15 2. The minimum salary supplement shall be the sum of the 28 16 following, as applicable: 28 17 a. For the school year beginning July 1,19871998, for 28 18 phase I, each school district and area education agency shall 28 19 certify to the department of education by the third Friday in 28 20 September the names of all teachers employed by the district 28 21 or area education agency whose regular compensation is less 28 22 thaneighteentwenty-three thousand dollars per year for that 28 23 year and the amounts needed as minimum salary supplements. 28 24 The minimum salary supplement for each eligible teacher is the 28 25 total of the difference betweeneighteentwenty-three thousand 28 26 dollars and the teacher's regular compensation plus the amount 28 27 required to pay the employer's share of the federal social 28 28 security and Iowa public employees' retirement system, or a 28 29 pension and annuity retirement system established under 28 30 chapter 294, payments on the additional salary moneys. 28 31 However, for purposes of this paragraph, a teacher's regular 28 32 compensation for the school year beginning July 1, 1998, shall 28 33 not be lower than eighteen thousand dollars. 28 34 b. The total minimum salary supplement paid to a school 28 35 district under phase I for the school year beginning July 1, 29 1 1997. 29 2 3. The board of directors shall report the salaries of 29 3 teachers employed on less than a full-time equivalent basis, 29 4 and the amount of minimum salary supplement shall be prorated. 29 5 Sec. 34. Section 294A.6, unnumbered paragraph 1, Code 29 6 1997, is amended to read as follows: 29 7 For the school year beginning July 1,19871998, the 29 8 department of education shall notify the department of revenue 29 9 and finance of the total minimum salary supplement, as 29 10 described in section 294A.5, subsection 2, paragraphs "a" and 29 11 "b", to be paid to each school district and area education 29 12 agency under phase I and the department of revenue and finance 29 13 shall make the payments. For school years after the school 29 14 year beginning July 1,19871998, if a school district or area 29 15 education agency reduces the number of its full-time 29 16 equivalent teachers below the number employed during the 29 17 school year beginning July 1,19871998, the department of 29 18 revenue and finance shall reduce the total minimum salary 29 19 supplement payable to that school district or area education 29 20 agency so that the amount paid is equal to the ratio of the 29 21 number of full-time equivalent teachers employed in the school 29 22 district or area education agency for that school year divided 29 23 by the number of full-time equivalent teachers employed in the 29 24 school district or area education agency for the school year 29 25 beginning July 1,19871998, and multiplying that fraction by 29 26 the total minimum salary supplement paid to that school 29 27 district or area education agency for the school year 29 28 beginning July 1,19871998. 29 29 Sec. 35. Section 294A.25, subsection 1, Code Supplement 29 30 1997, is amended to read as follows: 29 31 1. For the fiscal year beginning July 1,19901998, and 29 32 for each succeeding year, there is appropriated from the 29 33 general fund of the state to the department of education the 29 34 amount ofninety-twoeighty-two milliononeeight hundred 29 35 ninety-one thousandeighty-fivethree hundred thirty-six 30 1 dollars to be used to improve teacher salaries.For each30 2fiscal year in the fiscal period commencing July 1, 1991, and30 3ending June 30, 1993, there is appropriated an amount equal to30 4the amount appropriated for the fiscal year beginning July 1,30 51990, plus an amount sufficient to pay the costs of the30 6additional funding provided for school districts and area30 7education agencies under sections 294A.9 and 294A.14. For30 8each fiscal year beginning on or after July 1, 1995, there is30 9appropriated the sum which was appropriated for the previous30 10fiscal year, including supplemental payments.The moneys 30 11 shall be distributed as provided in this section. 30 12 Sec. 36. Section 294A.25, subsection 7, Code Supplement 30 13 1997, is amended to read as follows: 30 14 7. Commencing with the fiscal year beginning July 1, 1990, 30 15 the amount ofsixtyseventy-five thousand dollars for the 30 16 ambassador to education program under section256.43256.45. 30 17 Sec. 37. Section 669.14, Code 1997, is amended by adding 30 18 the following new subsection: 30 19 NEW SUBSECTION. 14. Any claim arising in respect to 30 20 technical assistance provided by the department of education 30 21 pursuant to section 279.14A. 30 22 Sec. 38. CURRENT NATIONAL BOARD CERTIFICATE HOLDERS. In 30 23 order to receive payment under section 256.44, as enacted by 30 24 this Act, a teacher who by July 1, 1998, meets the 30 25 qualifications for an award under section 256.44 shall apply 30 26 to the department for payment under section 256.44 by June 30, 30 27 1999. 30 28 Sec. 39. CONTINGENT APPROPRIATION TAXABLE VALUATION 30 29 INCREASE. For the fiscal year beginning July 1, 1998, and 30 30 ending June 30, 1999, if the actual taxable valuation of real 30 31 property located in this state, based upon January 1, 1997, 30 32 assessments, which is used in the computation of property 30 33 taxes payable in the fiscal year beginning July 1, 1998, 30 34 increases from the estimate of such taxable valuation, there 30 35 is appropriated from the general fund of the state the lesser 31 1 of $4,000,000 or the amount of the reduction in state 31 2 foundation aid under section 257.1 as a result of such 31 3 increase in taxable valuation to be used to fund section 31 4 257.13, as enacted by this Act, and the moneys shall be 31 5 allocated as provided in section 257.13, subsection 2, as 31 6 enacted by this Act. 31 7 Sec. 40. EMERGENCY RULES. The department may adopt 31 8 emergency rules as necessary for the administration of chapter 31 9 256E and sections 256.17A and 279.60, if enacted. 31 10 Sec. 41. APPLICABILITY. Section 279.19, as amended by 31 11 this Act, shall not apply to a teacher employed by a school 31 12 district prior to July 1, 1998. Section 279.19, Code 1997, 31 13 shall remain applicable to a teacher employed by a school 31 14 district prior to July 1, 1998. 31 15 Sec. 42. EFFECTIVE DATE. Section 2 of this Act, relating 31 16 to preparation for recognizing at-risk students and for 31 17 accelerating the achievement growth of students through the 31 18 use of learning techniques, takes effect July 1, 1999. 31 19 Sec. 43. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. 31 20 The section of this Act that amends section 279.46, being 31 21 deemed of immediate importance, takes effect upon enactment 31 22 and applies retroactively to retirement incentive programs in 31 23 existence after December 31, 1997. 31 24 Sec. 44. EFFECTIVE DATE. Section 19 of this Act, relating 31 25 to on-time funding for increased enrollment, being deemed of 31 26 immediate importance, takes effect upon enactment for the 31 27 purpose of computations required for payment of state aid to 31 28 school districts for budget years beginning on or after July 31 29 1, 1998. Section 19 of this Act remains in effect until the 31 30 repeal of chapter 257 on July 1, 2001. 31 31 31 32 31 33 31 34 MARY E. KRAMER 31 35 President of the Senate 32 1 32 2 32 3 32 4 RON J. CORBETT 32 5 Speaker of the House 32 6 32 7 I hereby certify that this bill originated in the Senate and 32 8 is known as Senate File 2366, Seventy-seventh General Assembly. 32 9 32 10 32 11 32 12 MARY PAT GUNDERSON 32 13 Secretary of the Senate 32 14 Approved , 1998 32 15 32 16 32 17 32 18 TERRY E. BRANSTAD 32 19 Governor
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