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Senate Study Bill 163

Bill Text

PAG LIN
  1  1    Section 1.  Section 11.6, subsection 1, paragraph a,
  1  2 unnumbered paragraph 1, Code 1997, is amended to read as
  1  3 follows:
  1  4    The financial condition and transactions of all cities and
  1  5 city offices, counties, county hospitals organized under
  1  6 chapters 347 and 347A, memorial hospitals organized under
  1  7 chapter 37, entities organized under chapter 28E having gross
  1  8 receipts in excess of one hundred thousand dollars in a fiscal
  1  9 year, merged areas, area education agencies, and all school
  1 10 offices in school districts, shall be examined at least once
  1 11 each year, except that cities having a population of seven
  1 12 hundred or more but less than two thousand shall be examined
  1 13 at least once every four years, and cities having a population
  1 14 of less than seven hundred may be examined as otherwise
  1 15 provided in this section.  The examination shall cover the
  1 16 fiscal year next preceding the year in which the audit is
  1 17 conducted.  The examination of school offices shall include an
  1 18 audit of all school funds, the certified annual financial
  1 19 report, and the certified enrollment as provided in section
  1 20 257.6.  If a financial condition statement is present in the
  1 21 annual audit report of a school district, the auditor of state
  1 22 or certified public accountant conducting the audit shall
  1 23 notify, by certified mail, the members of the board of
  1 24 directors of the school district and the chairperson of the
  1 25 school budget review committee.  Differences in certified
  1 26 enrollment shall be reported to the department of management.
  1 27    Sec. 2.  Section 15.103, unnumbered paragraph 1, Code 1997,
  1 28 is amended to read as follows:
  1 29    The Iowa economic development board is created, consisting
  1 30 of eleven voting members appointed by the governor and seven
  1 31 ex officio nonvoting members.  The ex officio nonvoting
  1 32 members are four legislative members; one president, or the
  1 33 president's designee, of the University of Northern Iowa, the
  1 34 University of Iowa, or Iowa State University of science and
  1 35 technology designated by the state board of regents on a
  2  1 rotating basis; and one president, or the president's
  2  2 designee, of a private college or university appointed by the
  2  3 Iowa association of independent colleges and universities; and
  2  4 one superintendent chief executive officer, or the
  2  5 superintendent's chief executive officer's designee, of a
  2  6 community college, appointed by the Iowa association of
  2  7 community college presidents.  The legislative members are two
  2  8 state senators, one appointed by the president of the senate,
  2  9 after consultation with the majority leader of the senate, and
  2 10 one appointed by the minority leader of the senate, after
  2 11 consultation with the president of the senate, from their
  2 12 respective parties; and two state representatives, one
  2 13 appointed by the speaker and one appointed by the minority
  2 14 leader of the house of representatives from their respective
  2 15 parties.  Not more than six of the voting members shall be
  2 16 from the same political party.  The secretary of agriculture
  2 17 shall be one of the voting members.  The governor shall
  2 18 appoint the remaining ten voting members of the board for a
  2 19 term of four years beginning and ending as provided by section
  2 20 69.19, subject to confirmation by the senate, and the
  2 21 governor's appointments shall include persons knowledgeable of
  2 22 the various elements of the department's responsibilities.
  2 23    Sec. 3.  Section 15E.166, subsection 1, paragraph c, Code
  2 24 1997, is amended to read as follows:
  2 25    c.  An annual budget for operation of the program and
  2 26 activities agreed to in the contract including provisions
  2 27 related to the transfer of funds to the community college, as
  2 28 agreed upon by the president chief executive officer of the
  2 29 community college and the foundation.
  2 30    Sec. 4.  Section 19A.3, subsection 24, unnumbered paragraph
  2 31 2, Code 1997, is amended to read as follows:
  2 32    The director of the department of personnel shall negotiate
  2 33 agreements an agreement with the director of the department
  2 34 for the blind and with the director of the department of
  2 35 education concerning the applicability of the merit system to
  3  1 the professional employees of their respective agencies the
  3  2 department for the blind.
  3  3    Sec. 5.  Section 73.18, Code 1997, is amended to read as
  3  4 follows:
  3  5    73.18  NOTICE OF SOLICITATION FOR BIDS – IDENTIFICATION OF
  3  6 TARGETED SMALL BUSINESSES.
  3  7    The director of each agency or department, the
  3  8 administrator of each area education agency, the president
  3  9 chief executive officer of each community college, and the
  3 10 superintendent of each school district releasing a
  3 11 solicitation for bids or request for proposal under the
  3 12 targeted small business procurement goal program shall consult
  3 13 a directory of certified targeted small businesses produced by
  3 14 the department of economic development that lists all
  3 15 certified targeted small businesses by category of goods or
  3 16 services provided prior to or upon release of the solicitation
  3 17 and shall send a copy of the request for proposal or
  3 18 solicitation to any appropriate targeted small business listed
  3 19 in the directory.  The Iowa department of economic development
  3 20 may charge the department, agency, area education agency,
  3 21 community college, or school district a reasonable fee to
  3 22 cover the cost of producing, distributing, and updating the
  3 23 directory.
  3 24    Sec. 6.  Section 256.9, subsection 42, Code 1997, is
  3 25 amended by striking the subsection.
  3 26    Sec. 7.  Section 256.10, Code 1997, is amended to read  as
  3 27 follows:
  3 28    256.10  EMPLOYMENT OF PROFESSIONAL STAFF.
  3 29    The salary of the director shall be fixed by the governor
  3 30 within a range established by the general assembly.
  3 31 Appointments to the professional staff of the department shall
  3 32 be without reference to political party affiliation, religious
  3 33 affiliation, sex, or marital status, but shall be based solely
  3 34 upon fitness, ability, and proper qualifications for the
  3 35 particular position.  The professional staff shall serve at
  4  1 the discretion of the director.  A member of the professional
  4  2 staff shall not be dismissed for cause without at least ninety
  4  3 days' notice, except in cases of conviction of a felony or
  4  4 cases involving moral turpitude.  In cases of procedure for
  4  5 dismissal, the accused has the same right to notice and
  4  6 hearing as teachers in the public school systems as provided
  4  7 in section 279.27 to the extent that it is applicable
  4  8 appropriate due process procedures including a hearing.
  4  9    Sec. 8.  Section 256.11, subsection 5, paragraph h,
  4 10 unnumbered paragraph 1, Code 1997, is amended to read as
  4 11 follows:
  4 12    A minimum of three sequential units in at least four of the
  4 13 following six vocational service areas:  agriculture, business
  4 14 or office occupations, health occupations, family and consumer
  4 15 sciences or home economics occupations, industrial technology
  4 16 or trade and industrial education, and marketing education.
  4 17 Instruction shall be competency-based, articulated with
  4 18 postsecondary programs of study, and include field,
  4 19 laboratory, or on-the-job training.  Each sequential unit
  4 20 shall include instruction in a minimum set of competencies
  4 21 established by the department of education that relate to the
  4 22 following:  new and emerging technologies; job-seeking, job-
  4 23 adaptability, and other employment, self-employment and
  4 24 entrepreneurial skills that reflect current industry standards
  4 25 and labor-market needs; and reinforcement of basic academic
  4 26 skills.  The instructional programs shall also comply with the
  4 27 provisions of chapter 258 relating to vocational education.
  4 28 However, this paragraph does not apply to the teaching of
  4 29 vocational education in nonpublic schools.
  4 30    Sec. 9.  Section 256.11B, Code 1997, is amended to read as
  4 31 follows:
  4 32    256.11B  VOCATIONAL EDUCATION INSTRUCTION – NONPUBLIC
  4 33 SCHOOLS.
  4 34    A nonpublic school which provides an educational program
  4 35 that includes grades nine through twelve shall offer and teach
  5  1 five units of occupational education subjects, which may
  5  2 include, but are not limited to, programs, services, and
  5  3 activities which prepare students for employment in business
  5  4 or office occupations, trade and industrial occupations,
  5  5 consumer and family and consumer sciences or home economics
  5  6 occupations, agriculture occupations, marketing occupations,
  5  7 and health occupations.  By July 1, 1993, instruction
  5  8 Instruction shall be competency-based, articulated with
  5  9 postsecondary programs of study, and may include field,
  5 10 laboratory, or on-the-job training.
  5 11    Sec. 10.  Section 256.12, subsection 2, Code 1997, is
  5 12 amended to read as follows:
  5 13    2.  This section does not deprive the respective boards of
  5 14 public school districts of any of their legal powers,
  5 15 statutory or otherwise, and in accepting the specially
  5 16 enrolled students, each of the boards shall prescribe the
  5 17 terms of the special enrollment, including but not limited to
  5 18 scheduling of courses and the length of class periods.  In
  5 19 addition, the board of the affected public school district
  5 20 shall be given notice by the department of its decision to
  5 21 permit the special enrollment not later than six months prior
  5 22 to the opening of the affected public school district's school
  5 23 year, except that the board of the public school district may
  5 24 waive the notice requirement.  School districts and area
  5 25 education agency boards shall make public school services,
  5 26 which shall include special education programs and services
  5 27 and may include health services, services for remedial
  5 28 education programs, guidance services, and school testing
  5 29 services, available to children attending accredited nonpublic
  5 30 schools in the same manner and to the same extent that they
  5 31 are provided to public school students.  However, services
  5 32 that are made available shall be provided on neutral sites, or
  5 33 in mobile units located off the accredited nonpublic school
  5 34 premises as determined by the boards of the school districts
  5 35 and area education agencies providing the services, and not on
  6  1 accredited nonpublic school property, except for health
  6  2 services, diagnostic services for speech, hearing, and
  6  3 psychological purposes, and assistance with physical and
  6  4 communication needs of students with physical disabilities,
  6  5 and services of an educational interpreter, which may be
  6  6 provided on accredited nonpublic school premises, with the
  6  7 permission of the lawful custodian.
  6  8    Students enrolled in accredited nonpublic schools who
  6  9 receive services pursuant to this subsection shall be weighted
  6 10 at the level provided for in section 256B.9, subsection 1.
  6 11    A local school district providing services pursuant to this
  6 12 subsection shall submit an accounting to the department of
  6 13 education by August 1 following the school year for the actual
  6 14 costs of the special education programs and services provided.
  6 15 The department shall review and approve or modify the
  6 16 accounting by September 1 and shall notify the department of
  6 17 revenue and finance of the approved accounting amount.  The
  6 18 department of revenue and finance shall adjust the September
  6 19 payment to the local school district for the next fiscal year
  6 20 by the difference between the amount generated by the
  6 21 weighting for the provision of services to nonpublic school
  6 22 students attending accredited nonpublic schools, as provided
  6 23 in this subsection, and the amount of the actual costs as
  6 24 reflected in the local school district's accounting.  Any
  6 25 amount paid by the department of revenue and finance shall be
  6 26 deducted monthly from the state foundation aid paid under
  6 27 section 257.16 during that fiscal year to all school districts
  6 28 in the state.  The portion of the total amount of the approved
  6 29 accounting amount that shall be deducted from the state aid of
  6 30 a school district shall be the same as the ratio that the
  6 31 budget enrollment for the budget year of the school district
  6 32 bears to the total budget enrollment in the state for that
  6 33 budget year.
  6 34    Sec. 11.  Section 256.31, subsection 1, paragraph c, Code
  6 35 1997, is amended to read as follows:
  7  1    c.  A community college president chief executive officer
  7  2 appointed by an association which represents the largest
  7  3 number of community college presidents chief executive
  7  4 officers in the state.
  7  5    Sec. 12.  Section 256.45, unnumbered paragraphs 1, 3, and
  7  6 4, Code 1997, are amended to read as follows:
  7  7    The department of education shall establish within the
  7  8 department and administer the position of ambassador to
  7  9 education.  It shall be the function of the ambassador to
  7 10 education to act as an education liaison to primary and
  7 11 secondary schools in this state.  The ambassador to education
  7 12 position shall be filled by the educator selected as teacher
  7 13 of the year by the governor, but only if that person agrees to
  7 14 fill the ambassador to education position.
  7 15    The ambassador to education shall receive, in lieu of
  7 16 compensation from the district in which the ambassador is
  7 17 regularly employed, a salary which is equal to the amount of
  7 18 salary received by the person during the previous would have
  7 19 received from the district in the person's regular position
  7 20 during the school year for which the person serves as
  7 21 ambassador, or thirty thousand dollars, whichever amount is
  7 22 greater.  The ambassador shall also be compensated for actual
  7 23 expenses incurred as a result of the performance of duties
  7 24 under this section.
  7 25    The district which department shall grant funds in an
  7 26 amount equal to the salary and benefits the person selected as
  7 27 ambassador to education would have received from the district,
  7 28 or thirty thousand dollars, whichever amount is greater, to
  7 29 the school district that employs the person selected as the
  7 30 ambassador to education.  The department shall also reimburse
  7 31 the school district for actual expenses incurred as a result
  7 32 of the performance of duties under this section.  The school
  7 33 district shall grant the person a one-year sabbatical in order
  7 34 to allow the person to be the ambassador to education, and
  7 35 during the sabbatical, shall pay the salary and benefits of
  8  1 the ambassador with funds granted by the department.  The
  8  2 person selected as the ambassador to education shall be
  8  3 entitled to return to the person's same or a comparable
  8  4 position without loss of accrued benefits or seniority.
  8  5    Sec. 13.  Section 256.82, subsection 1, paragraph b,
  8  6 subparagraph (2), Code 1997, is amended to read as follows:
  8  7    (2)  One member shall be appointed jointly by the
  8  8 superintendents chief executive officers of the community
  8  9 colleges created by chapter 260C.
  8 10    Sec. 14.  Section 256B.9, subsection 4, Code 1997, is
  8 11 amended to read as follows:
  8 12    4.  On December 1, 1987, and no later than December 1 every
  8 13 two years thereafter, for the school year commencing the
  8 14 following July 1, the director of the department of education
  8 15 shall report to the school budget review committee the average
  8 16 costs of providing instruction for children requiring special
  8 17 education in the categories of the weighting plan established
  8 18 under this section, and for providing services to accredited
  8 19 nonpublic school students pursuant to section 256.12,
  8 20 subsection 2, and the director of the department of education
  8 21 shall make recommendations to the school budget review
  8 22 committee for needed alterations to make the weighting plan
  8 23 suitable for subsequent school years.  The school budget
  8 24 review committee shall establish the weighting plan for each
  8 25 school year and shall report the plan to the director of the
  8 26 department of education.  The school budget review committee
  8 27 may establish weights to the nearest hundredth.  The school
  8 28 budget review committee shall not alter the weighting assigned
  8 29 to pupils in a regular curriculum, but it may increase or
  8 30 decrease the weighting assigned to each category of children
  8 31 requiring special education by not more than two-tenths of the
  8 32 weighting assigned to pupils in a regular curriculum.  The
  8 33 state board of education shall adopt rules under chapter 17A
  8 34 to implement the weighting plan for each year and to assist in
  8 35 identification and proper indexing of each child in the state
  9  1 who requires special education.
  9  2    Sec. 15.  Section 256C.1, Code 1997, is amended to read as
  9  3 follows:
  9  4    256C.1  FAMILY RESOURCE CENTER DEMONSTRATION PROGRAM
  9  5 ESTABLISHED.
  9  6    If the general assembly appropriates moneys for the
  9  7 establishment of family resource centers, the department of
  9  8 education, in conjunction with the child development
  9  9 coordinating council, shall establish and coordinate a family
  9 10 resource center demonstration program to provide comprehensive
  9 11 child development and child care services, remedial
  9 12 educational and literacy services, and supportive services to
  9 13 parents who are recipients of assistance under the family
  9 14 investment program and other parents in need of services.  The
  9 15 program shall provide for the establishment location of family
  9 16 resource centers by the school year commencing July 1, 1994,
  9 17 which shall be located in at least three public schools, one
  9 18 located in a large school district, one located in a medium-
  9 19 sized school district, and one located in a small school
  9 20 district.  For purposes of this section a large school
  9 21 district is a district with an actual enrollment of five
  9 22 thousand or more pupils; a medium-sized school district is a
  9 23 district with an actual enrollment that is greater than one
  9 24 thousand one hundred ninety-nine pupils, but less than five
  9 25 thousand pupils; and a small school district is a district
  9 26 with an actual enrollment of one thousand one hundred ninety-
  9 27 nine or fewer pupils.
  9 28    Sec. 16.  Section 256C.2, unnumbered paragraph 2, Code
  9 29 1997, is amended to read as follows:
  9 30    A district applying for a grant under this section shall
  9 31 agree, for each dollar of grant funds, to provide twenty cents
  9 32 in matching cash or in-kind resources.  Grants may be awarded
  9 33 for four years, beginning July 1, 1994, and ending June 30,
  9 34 1998.  Up to ten percent of the moneys appropriated for the
  9 35 grant program may be used by the council for staffing,
 10  1 technical assistance, and external evaluation development.
 10  2 Notwithstanding section 8.33, unencumbered or unobligated
 10  3 funds remaining on June 30 of the fiscal year for which the
 10  4 funds were appropriated shall not revert but shall be
 10  5 available for expenditure for the following fiscal year for
 10  6 the purposes of this section.
 10  7    Sec. 17.  Section 257.6, subsection 1, paragraph f, Code
 10  8 1997, is amended to read as follows:
 10  9    f.  Resident pupils receiving competent private instruction
 10 10 under dual enrollment pursuant to chapter 299A shall be
 10 11 counted as one-tenth two-tenths of one pupil.
 10 12    Sec. 18.  Section 257.31, Code 1997, is amended by adding
 10 13 the following new subsection:
 10 14    NEW SUBSECTION.  18.  The committee may require a school
 10 15 district to utilize the auditor of state to conduct an audit
 10 16 of accounts pursuant to section 11.6.
 10 17    Sec. 19.  Section 258.3A, subsections 1 and 3, Code 1997,
 10 18 are amended to read as follows:
 10 19    1.  Cooperate with the federal board for vocational United
 10 20 States department of education in the administration of the
 10 21 Act of Congress, as specified in section 258.1.
 10 22    3.  Adopt rules prescribing standards for approval of
 10 23 schools, departments, and classes; area vocational-technical
 10 24 high schools and vocational programs; and community colleges
 10 25 with vocational programs; and practitioner preparation
 10 26 schools, departments, and classes, applying for federal and
 10 27 state moneys under this chapter.
 10 28    Sec. 20.  Section 258.3A, subsection 2, Code 1997, is
 10 29 amended by striking the subsection.
 10 30    Sec. 21.  Section 258.4, subsections 1, 2, 3, 5, 6, and 10,
 10 31 Code 1997, are amended to read as follows:
 10 32    1.  Co-operate Cooperate with the federal board for
 10 33 vocational United States department of education in the
 10 34 administration of the Act of Congress, as specified in section
 10 35 258.1.
 11  1    2.  Provide for making studies and investigations relating
 11  2 to prevocational and vocational training education in
 11  3 agricultural, industrial agriculture, trades and industry,
 11  4 marketing, business and office, health, and commercial
 11  5 subjects, and home economics family and consumer sciences.
 11  6    3.  Promote and aid in the establishment in local
 11  7 communities and public schools of departments and classes
 11  8 giving programs providing instruction in subjects listed in
 11  9 subsection 2.
 11 10    5.  Make recommendations to the board of educational
 11 11 examiners relating to the enforcement of rules prescribing
 11 12 standards for teachers of subjects in programs listed in
 11 13 subsection 2 in accredited schools, departments, and classes.
 11 14    6.  Co-operate Cooperate in the maintenance of practitioner
 11 15 preparation schools, departments, and classes, supported and
 11 16 controlled by the public, programs for the training
 11 17 preparation of teachers and supervisors of subjects programs
 11 18 listed in subsection 2.
 11 19    10.  Enforce rules prescribing standards for approval of
 11 20 vocational education programs in schools, departments, and
 11 21 classes.
 11 22    Sec. 22.  Section 258.4, Code 1997, is amended by adding
 11 23 the following new subsection:
 11 24    NEW SUBSECTION.  13.  Incorporate in the director's annual
 11 25 report a full report of all receipts and expenditures under
 11 26 this chapter.
 11 27    Sec. 23.  Section 258.5, Code 1997, is amended to read as
 11 28 follows:
 11 29    258.5  REIMBURSEMENT FROM FEDERAL AND STATE MONEYS.
 11 30    If a school corporation maintains an approved vocational
 11 31 school, department, or classes program in accordance with the
 11 32 rules adopted by the state board, and rules and standards
 11 33 adopted by the board of educational examiners, and the state
 11 34 plan for vocational education, adopted by the board for
 11 35 vocational education and approved by the United States
 12  1 department of education, the director of the department of
 12  2 education shall reimburse the school corporation at the end of
 12  3 the fiscal year for its expenditures for salaries and
 12  4 authorized travel of vocational teachers from federal and
 12  5 state funds.  However, a school corporation shall not receive
 12  6 from federal and state funds a larger amount than one-half the
 12  7 sum which has been expended by the school corporation for that
 12  8 particular type of program.  If federal and state funds are
 12  9 not sufficient to make the reimbursement to the extent
 12 10 provided in this section, the director shall prorate the
 12 11 respective amounts available to the corporations entitled to
 12 12 reimbursement.
 12 13    The director may use federal funds to reimburse approved
 12 14 practitioner preparation schools, departments, or classes for
 12 15 the training of teachers of agriculture, home economics,
 12 16 trades and industrial education, distributive education, and
 12 17 for the training of guidance counselors.
 12 18    Sec. 24.  Section 258.9, Code 1997, is amended to read as
 12 19 follows:
 12 20    258.9  LOCAL ADVISORY COUNCIL.
 12 21    The board of directors of a school district that maintains
 12 22 a school, department, or class receiving federal or state
 12 23 funds under this chapter vocational program shall, as a
 12 24 condition of approval by the state board, appoint a local
 12 25 advisory council for vocational education composed of public
 12 26 members with emphasis on persons representing business,
 12 27 agriculture, industry, and labor.  The local advisory council
 12 28 shall give advice and assistance to the board of directors in
 12 29 the establishment and maintenance of schools, departments, and
 12 30 classes vocational programs that receive federal or state
 12 31 funds under this chapter.  Local advisory councils may be
 12 32 organized according to program area, school, community, or
 12 33 region.  The state board shall adopt rules requiring that the
 12 34 memberships of local advisory councils fairly represent each
 12 35 sex and minorities residing in the school district.  Members
 13  1 of an advisory council shall serve without compensation.
 13  2    Sec. 25.  Section 258.12, Code 1997, is amended to read as
 13  3 follows:
 13  4    258.12  CUSTODIAN OF FUNDS – REPORTS.
 13  5    The treasurer of state shall be custodian of the funds paid
 13  6 to the state from the appropriations made under said the Act
 13  7 of Congress as provided in section 258.1, and shall disburse
 13  8 the same funds on vouchers audited as provided by law.  The
 13  9 treasurer of state shall report the receipts and disbursements
 13 10 of said funds to the general assembly at each biennial regular
 13 11 session.
 13 12    Sec. 26.  Section 260C.4, subsection 4, paragraphs e and f,
 13 13 Code 1997, are amended to read as follows:
 13 14    e.  The director of the department of education shall give
 13 15 a community college which is to be removed from the approved
 13 16 list at least one year's notice.  The notice shall be given by
 13 17 registered or certified mail addressed to the superintendent
 13 18 chief executive officer of the community college and shall
 13 19 specify the reasons for removal.  The notice shall also be
 13 20 sent by ordinary mail to each member of the board of directors
 13 21 of the community college, and to the news media which serve
 13 22 the merged area where the school is located; but any good
 13 23 faith error or failure to comply with this sentence shall not
 13 24 affect the validity of any action by the director.  If, during
 13 25 the year, the community college remedies the reasons for
 13 26 removal and satisfies the director that it will thereafter
 13 27 comply with the laws and approval standards, the director
 13 28 shall continue the community college on the approved list and
 13 29 shall transmit to the community college notice of the action
 13 30 by registered or certified mail.
 13 31    f.  At any time during the year after notice is given, the
 13 32 board of directors of the community college may request a
 13 33 public hearing before the director of the department of
 13 34 education, by mailing a written request to the director by
 13 35 registered or certified mail.  The director shall promptly set
 14  1 a time and place for the public hearing, which shall be either
 14  2 in Des Moines or in the affected merged area.  At least thirty
 14  3 days' notice of the time and place of the hearing shall be
 14  4 given by registered or certified mail addressed to the
 14  5 superintendent chief executive officer of the community
 14  6 college.  At least ten days before the hearing, notice of the
 14  7 time and place of the hearing and the reasons for removal
 14  8 shall also be published by the department in a newspaper of
 14  9 general circulation in the merged area where the community
 14 10 college is located.
 14 11    Sec. 27.  Section 260C.5, subsections 1 and 9, Code 1997,
 14 12 are amended to read as follows:
 14 13    1.  Designate a community college as an "area vocational
 14 14 education school" within the meaning of, and for the purpose
 14 15 of administering, the Act of Congress designated the
 14 16 "Vocational Education Act of 1963" federal vocational
 14 17 education legislation.  A community college shall not be so
 14 18 designated by the director of the department of education for
 14 19 the expenditure of funds under 20 U.S.C. } 35c(a)(5), which
 14 20 has not been designated and classified as a community college
 14 21 by the state board.
 14 22    9.  Make arrangements with boards of merged areas and local
 14 23 school districts to permit students attending high school to
 14 24 participate in vocational-technical programs and advanced
 14 25 college placement courses and obtain credit for such
 14 26 participation for application toward the completion of a high
 14 27 school diploma.  The granting of credit is subject to the
 14 28 approval of the director of the department of education.
 14 29    Sec. 28.  Section 260C.5, subsection 6, Code 1997, is
 14 30 amended by striking the subsection.
 14 31    Sec. 29.  Section 260C.14, subsection 8, Code 1997, is
 14 32 amended to read as follows:
 14 33    8.  Set the salary of the area superintendent chief
 14 34 executive officer of the director district.  In setting the
 14 35 salary, the board shall consider the salaries of
 15  1 administrators of educational institutions in the merged area
 15  2 and the enrollment of the community college.
 15  3    Sec. 30.  Section 260C.35, Code 1997, is amended to read as
 15  4 follows:
 15  5    260C.35  LIMITATION ON SALE OF LAND.
 15  6    A merged area shall not purchase land which will increase
 15  7 the aggregate of land owned by the merged area, excluding land
 15  8 acquired by donation or gift, to more than three hundred
 15  9 twenty acres without the approval of the director of the
 15 10 department of education.  The limitation does not apply to a
 15 11 merged area owning more than three hundred twenty acres,
 15 12 excluding land acquired by donation or gift, prior to January
 15 13 1, 1969.
 15 14    With the approval of the director of the department of
 15 15 education, the The board of directors of a merged area at any
 15 16 time may sell any land in excess of one hundred sixty acres
 15 17 owned by the merged area, and an election is not necessary in
 15 18 connection with the sale.  The proceeds of the sale may be
 15 19 used for any of the purposes stated in section 260C.22.  This
 15 20 paragraph section is in addition to any authority under other
 15 21 provisions of law.
 15 22    Sec. 31.  Section 260C.38, unnumbered paragraphs 1 and 3,
 15 23 Code 1997, are amended to read as follows:
 15 24    The board of directors may, with the approval of the
 15 25 director of the department of education, enter into lease
 15 26 agreements, with or without purchase options, not to exceed
 15 27 twenty years in duration, for the leasing or rental of
 15 28 buildings for use basically as classrooms, laboratories,
 15 29 shops, libraries, and study halls for community college
 15 30 purposes, and pay for the leasing or rental with funds
 15 31 acquired pursuant to section sections 260C.17, section
 15 32 260C.18, and section 260C.22.  However, lease agreements
 15 33 extending for less than ten years and for less than twenty-
 15 34 five thousand dollars per year need not be submitted to the
 15 35 director of the department of education for approval.
 16  1    Before entering into a lease agreement with a purchase
 16  2 option for a building to be constructed, or placed, upon real
 16  3 estate owned by the community college, the board shall first
 16  4 adopt plans and specifications for the proposed building which
 16  5 it considers suitable for the intended use, and the board
 16  6 shall also adopt the proposed terms of the lease agreement and
 16  7 purchase option.  Upon obtaining the approval of the director
 16  8 of the department of education, if approval of the director is
 16  9 required, the The board shall invite bids, by advertisement
 16 10 published once each week for two consecutive weeks in the
 16 11 county where the building is to be located.  The lease
 16 12 agreement shall be awarded to the lowest responsible bidder,
 16 13 or the board may reject all bids and readvertise for new bids.
 16 14    Sec. 32.  Section 260C.47, subsection 6, Code 1997, is
 16 15 amended to read as follows:
 16 16    6.  The director of the department of education shall give
 16 17 a community college which has a program which fails to meet
 16 18 accreditation standards at least one year's notice prior to
 16 19 removal of accreditation of the program.  The notice shall be
 16 20 given by certified mail or restricted certified mail addressed
 16 21 to the superintendent chief executive officer of the community
 16 22 college and shall specify the reasons for removal of
 16 23 accreditation of the program.  The notice shall also be sent
 16 24 by ordinary mail to each member of the board of directors of
 16 25 the community college.  Any good faith error or failure to
 16 26 comply with the notice requirements shall not affect the
 16 27 validity of any action by the director.  If, during the year,
 16 28 the community college remedies the reasons for removal of
 16 29 accreditation of the program and satisfies the director that
 16 30 the community college will comply with the accreditation
 16 31 standards for that program in the future, the director shall
 16 32 continue the accreditation of the program of the community
 16 33 college and shall transmit notice of the action to the
 16 34 community college by certified mail or restricted certified
 16 35 mail.
 17  1    Sec. 33.  Section 273.2, unnumbered paragraph 3, Code 1997,
 17  2 is amended to read as follows:
 17  3    The area education agency board shall furnish educational
 17  4 services and programs as provided in sections 273.1 to 273.9
 17  5 and chapter 256B to the pupils enrolled in public or nonpublic
 17  6 schools located within its boundaries which are on the list of
 17  7 accredited schools pursuant to section 256.11.  The programs
 17  8 and services provided shall be at least commensurate with
 17  9 programs and services existing on July 1, 1974.  The programs
 17 10 and services provided to pupils enrolled in accredited
 17 11 nonpublic schools shall be comparable to programs and services
 17 12 provided to pupils enrolled in public schools within
 17 13 constitutional guidelines.
 17 14    Sec. 34.  273.2, subsection 4, Code 1997, is amended to
 17 15 read as follows:
 17 16    4.  Auxiliary services for nonpublic school pupils
 17 17 attending accredited nonpublic schools as provided in section
 17 18 256.12.  However, if auxiliary services are provided their
 17 19 funding shall be based on the type of service provided.
 17 20    Sec. 35.  Section 279.10, subsection 1, Code 1997, is
 17 21 amended to read as follows:
 17 22    1.  The school year shall begin on the first day of July
 17 23 and each regularly established elementary and secondary school
 17 24 shall begin no sooner than a day during the calendar week in
 17 25 which the first day of September falls but no later than the
 17 26 first Monday in December.  However, if the first day of
 17 27 September falls on a Sunday, school may begin on a day during
 17 28 the calendar week which immediately precedes the first day of
 17 29 September.  School shall continue for at least one hundred
 17 30 eighty days, except as provided in subsection 3, and may be
 17 31 maintained during the entire calendar year.  However, if the
 17 32 board of directors of a district extends the school calendar
 17 33 because inclement weather caused the district to temporarily
 17 34 close school during the regular school calendar, the district
 17 35 may excuse a graduating senior who has met district or school
 18  1 requirements for graduation from attendance during the
 18  2 extended school calendar.  A school corporation may begin
 18  3 employment of personnel for in-service training and
 18  4 development purposes before the date to begin elementary and
 18  5 secondary school.
 18  6    Sec. 36.  Section 279.10, subsection 3, unnumbered
 18  7 paragraph 2, Code 1997, is amended to read as follows:
 18  8    The board shall file a request for approval with the
 18  9 department not later than November 1 March 15 of the preceding
 18 10 school year.  The request shall include a listing of the
 18 11 savings and goals to be attained under the innovative school
 18 12 year subject to rules adopted by the department under chapter
 18 13 17A.  The department shall notify the districts of the
 18 14 approval or denial of pilot programs not later than the next
 18 15 following January April 15.
 18 16    Sec. 37.  Section 279.10, subsection 4, Code 1997, is
 18 17 amended by striking the subsection.
 18 18    Sec. 38.  Section 282.18, subsection 2, unnumbered
 18 19 paragraph 1, Code 1997, is amended to read as follows:
 18 20    By January 1 of the preceding school year, the parent or
 18 21 guardian shall send notification to the district of residence,
 18 22 on forms prescribed by the department of education, that the
 18 23 parent or guardian intends to enroll the parent's or
 18 24 guardian's child in a public school in another school
 18 25 district.  If a parent or guardian fails to file a
 18 26 notification that the parent intends to enroll the parent's or
 18 27 guardian's child in a public school in another district by the
 18 28 deadline of January 1 of the previous year, and one of the
 18 29 criteria defined in subsection 16 exists for the failure to
 18 30 meet the deadline or if the request is to enroll a child in
 18 31 kindergarten in a public school in another district, the
 18 32 parent or guardian shall be permitted to enroll the child in
 18 33 the other district in the same manner as if the deadline had
 18 34 been met when any of the following circumstances exist:
 18 35    a.  One of the criteria defined in subsection 16 exists for
 19  1 the failure to meet the deadline.
 19  2    b.  The request is to enroll a child in kindergarten in a
 19  3 public school in another district.
 19  4    c.  Both the resident or sending school district and the
 19  5 receiving school district approve the late-filed request.
 19  6    Sec. 39.  Section 282.18, subsection 5, Code 1997, is
 19  7 amended to read as follows:
 19  8    5.  Each district shall provide notification to the parent
 19  9 or guardian relating to the transmission or denial of the
 19 10 request.  A district of residence shall provide for
 19 11 notification of transmission or denial to a parent or guardian
 19 12 within three days of board action on the request.  A receiving
 19 13 district shall provide notification to a parent or guardian,
 19 14 within fifteen days of board action on the request, of whether
 19 15 the pupil will be enrolled in that district or whether the
 19 16 request is to be denied.  If, within five days of receiving
 19 17 notification that the receiving district has denied the
 19 18 request, a parent or guardian who filed a timely request
 19 19 petitions the resident district to transfer the request to
 19 20 another receiving district, the request shall be considered
 19 21 timely filed.  The resident district shall transfer the
 19 22 request to another receiving district within five days after
 19 23 receiving the parent's or guardian's petition.
 19 24    Sec. 40.  Section 282.30, subsection 1, paragraph b,
 19 25 unnumbered paragraph 2, Code 1997, is amended to read as
 19 26 follows:
 19 27    An area education agency shall not provide educational
 19 28 services to a facility specified in paragraph "a" unless the
 19 29 facility makes a request for educational services to the area
 19 30 education agency by December January 1 of the school year
 19 31 prior to the beginning of the school year for which the
 19 32 services are being requested.
 19 33    Sec. 41.  Section 282.31, subsection 1, paragraph a, Code
 19 34 1997, is amended to read as follows:
 19 35    a.  A child who lives in a facility pursuant to section
 20  1 282.30, subsection 1, paragraph "a", and who is not enrolled
 20  2 in the educational program of the district of residence of the
 20  3 child, shall receive appropriate educational services.  The
 20  4 area education agency shall submit a proposed program and
 20  5 budget to the department of education by January February 1
 20  6 for the next succeeding school year.  The department of
 20  7 education shall review and approve or modify the program and
 20  8 proposed budget and shall notify the department of revenue and
 20  9 finance and the area education agency of its action by
 20 10 February March 1.
 20 11    PARAGRAPH DIVIDED.  The department of revenue and finance
 20 12 shall pay the approved budget amount for an area education
 20 13 agency in monthly installments beginning September 15 and
 20 14 ending June 15 of the next succeeding school year.  The
 20 15 installments shall be as nearly equal as possible as
 20 16 determined by the department of management, taking into
 20 17 consideration the relative budget and cash position of the
 20 18 state's resources.  The department of revenue and finance
 20 19 shall transfer the approved budget amount for an area
 20 20 education agency from the moneys appropriated under section
 20 21 257.16 and make the payment to the area education agency.
 20 22    PARAGRAPH DIVIDED.  The area education agency shall submit
 20 23 an accounting for the actual cost of the program to the
 20 24 department of education by August 1 of the following school
 20 25 year.  The department shall review and approve or modify all
 20 26 expenditures incurred in compliance with the guidelines
 20 27 pursuant to section 256.7, subsection 10, and shall notify the
 20 28 department of revenue and finance of the approved accounting
 20 29 amount.  The approved accounting amount shall be compared with
 20 30 any amounts paid by the department of revenue and finance to
 20 31 the area education agency and any differences added to or
 20 32 subtracted from the October payment made under this paragraph
 20 33 for the next school year.  Any amount paid by the department
 20 34 of revenue and finance shall be deducted monthly from the
 20 35 state foundation aid paid under section 257.16 to all school
 21  1 districts in the state during the subsequent fiscal year.  The
 21  2 portion of the total amount of the approved budget that shall
 21  3 be deducted from the state aid of a school district shall be
 21  4 the same as the ratio that the budget enrollment for the
 21  5 budget year of the school district bears to the total budget
 21  6 enrollment in the state for that budget year in which the
 21  7 deduction is made.
 21  8    Sec. 42.  Section 285.2, unnumbered paragraph 5, Code 1997,
 21  9 is amended to read as follows:
 21 10    Claims shall be accompanied by an affidavit of an officer
 21 11 of the public school district affirming the accuracy of the
 21 12 claim.  By February 1 and on or about June 15 Claims for
 21 13 reimbursement shall be made to the department of education by
 21 14 January 31 and July 15 of each school year, on forms
 21 15 prescribed by the department.  The department shall certify to
 21 16 the department of revenue and finance the amounts of approved
 21 17 claims to be paid, and the department of revenue and finance
 21 18 shall draw warrants payable to school districts which have
 21 19 established claims.  Claims shall be allowed where practical,
 21 20 and at the option of the public school district of the pupil's
 21 21 residence, subject to approval by the area education agency of
 21 22 the pupil's residence, under section 285.9, subsection 3, the
 21 23 public school district of the pupil's residence may transport
 21 24 a pupil to a school located in a contiguous public school
 21 25 district outside the boundary lines of the public school
 21 26 district of the pupil's residence.  The public school district
 21 27 of the pupil's residence may contract with the contiguous
 21 28 public school district or with a private contractor under
 21 29 section 285.5 to transport the pupils to the school of
 21 30 attendance within the boundary lines of the contiguous public
 21 31 school district.  The public school district in which the
 21 32 pupil resides may contract with the contiguous public school
 21 33 district or with a private contractor under section 285.5 to
 21 34 transport the pupil from the pupil's residence or from
 21 35 designated school bus collection locations to the school
 22  1 located within the boundary lines of the contiguous public
 22  2 school district, subject to the approval of the area education
 22  3 agency of the pupil's residence.  The public school district
 22  4 of the pupil's residence may utilize the reimbursement
 22  5 provisions of section 285.1, subsection 3.
 22  6    Sec. 43.  Section 285.3, Code 1997, is amended by striking
 22  7 the section and inserting in lieu thereof the following:
 22  8    285.3  PARENTAL REIMBURSEMENT FOR NONPUBLIC SCHOOL STUDENT
 22  9 TRANSPORTATION.
 22 10    1.  A parent or guardian of a student attending an ac-
 22 11 credited nonpublic school, who furnishes transportation for
 22 12 the student pursuant to section 285.1, and who meets the
 22 13 requirements of subsection 2, is entitled to reimbursement
 22 14 equal to an amount calculated under the provisions of section
 22 15 285.1, subsection 3.  In addition, parents or guardians who
 22 16 transport one or more family members more than four miles to
 22 17 their accredited nonpublic schools of attendance shall be
 22 18 entitled to one supplemental mileage payment per family, per
 22 19 claim period, equal to fifteen percent of the parental
 22 20 reimbursement amount, rounded to the nearest whole dollar,
 22 21 when calculated under the provisions of section 285.1,
 22 22 subsection 3.
 22 23    2.  To qualify for parental reimbursement under subsection
 22 24 1, a parent or guardian of a student attending an accredited
 22 25 nonpublic school, who furnishes transportation for the student
 22 26 pursuant to section 285.1, shall submit a claim for
 22 27 reimbursement to the resident public school district,
 22 28 notifying the district that the student is enrolled and
 22 29 attending an accredited nonpublic school.  Claims for
 22 30 reimbursement shall be filed with the district by December 1
 22 31 and May 1 annually and shall include the name, age, and grade
 22 32 level of the student and the name of the accredited nonpublic
 22 33 school and its location.  The district shall submit claims for
 22 34 reimbursement to the department of education on behalf of the
 22 35 parent or guardian if the parent or guardian meets the
 23  1 requirements of this section.
 23  2    Sec. 44.  Section 294A.14, subsection 2, unnumbered
 23  3 paragraph 6, Code 1997, is amended to read as follows:
 23  4    Any summer school program, for which the teacher's salary
 23  5 is paid or supplemented under a supplemental pay plan, shall
 23  6 be open to nonpublic school students attending accredited
 23  7 nonpublic schools in the manner provided in section 256.12.
 23  8    Sec. 45.  Section 294A.25, subsection 5, Code 1997, is
 23  9 amended to read as follows:
 23 10    5.  Commencing with the fiscal year beginning July 1, 1990,
 23 11 the amount of sixty seventy-five thousand dollars for the
 23 12 ambassador to education program under section 256.43.
 23 13    Sec. 46.  Section 299.4, Code 1997, is amended to read as
 23 14 follows:
 23 15    299.4  REPORTS AS TO PRIVATE INSTRUCTION.
 23 16    The parent, guardian, or legal custodian of a child who is
 23 17 of compulsory attendance age, who places the child under
 23 18 competent private instruction under either section 299A.2 or
 23 19 299A.3, not in an accredited school or a home school
 23 20 assistance program operated by a public or accredited
 23 21 nonpublic school, shall furnish a report in duplicate on forms
 23 22 provided by the public school district, to the district by the
 23 23 earliest starting date specified in section 279.10, subsection
 23 24 1 September 1 of the school year in which the child is placed
 23 25 under private instruction.  The secretary shall retain and
 23 26 file one copy and forward the other copy to the district's
 23 27 area education agency.  The report shall state the name and
 23 28 age of the child, the period of time during which the child
 23 29 has been or will be under competent private instruction for
 23 30 the year, an outline of the course of study, texts used, and
 23 31 the name and address of the instructor.  The parent, guardian,
 23 32 or legal custodian of a child, who is placing the child under
 23 33 competent private instruction, for the first time, shall also
 23 34 provide the district with evidence that the child has had the
 23 35 immunizations required under section 139.9.  The term "outline
 24  1 of course of study" shall include subjects covered, lesson
 24  2 plans, and time spent on the areas of study.
 24  3    Sec. 47.  Section 299A.8, Code 1997, is amended to read as
 24  4 follows:
 24  5    299A.8  DUAL ENROLLMENT.
 24  6    If a parent, guardian, or legal custodian of a child who is
 24  7 receiving competent private instruction under this chapter
 24  8 submits a request, the child shall also be registered in a
 24  9 public school for dual enrollment purposes.  If the child is
 24 10 enrolled in a public school district for dual enrollment
 24 11 purposes, the child shall be permitted to participate in any
 24 12 academic activities in the district and shall also be
 24 13 permitted to participate on the same basis as public school
 24 14 children in any extracurricular activities available to
 24 15 children in the child's grade or group, and the parent,
 24 16 guardian, or legal custodian shall not be required to pay the
 24 17 costs of any annual evaluation under this chapter.  If the
 24 18 child is enrolled for dual enrollment purposes, the child
 24 19 shall be included in the public school's basic actual
 24 20 enrollment under section 257.6, subsection 1, paragraph "a",
 24 21 if the child participates in three or more academic courses.
 24 22 For purposes of this paragraph, "academic course" means a
 24 23 course offered by a school district in accordance with section
 24 24 256.11, subsection 5, or a class that meets the requirements
 24 25 of section 256.11, subsection 3 or 4.  Other resident pupils
 24 26 receiving competent private instruction under dual enrollment
 24 27 pursuant to this chapter shall be counted as provided in
 24 28 section 257.6, subsection 1, paragraph "f".
 24 29    Sec. 48.  Sections 257.17, 258.6, 258.10, and 258.13, Code
 24 30 1997, are repealed.  
 24 31                           EXPLANATION
 24 32    This bill makes the following statutory revisions relating
 24 33 to the department of education, vocational education,
 24 34 community colleges, special area education agency programs,
 24 35 dual enrollment, and payment of claims for nonpublic school
 25  1 pupil transportation.
 25  2    Code section 11.6(1)(a), unnumbered paragraph 1:  Requires
 25  3 the individual conducting a school audit to notify, if a
 25  4 financial condition statement is present in the annual audit
 25  5 report of a school district, by certified mail, the members of
 25  6 the district board and the chair of the school budget review
 25  7 committee.
 25  8    Code sections 15.103, unnumbered paragraph 1,
 25  9 15E.166(1)(c), 73.18, 256.82(1)(b)(2), 256.31(1)(c),
 25 10 260C.4(4)(e) and (f), 260C.14(8), and 260C.47(6):  Change
 25 11 references to the area superintendent or president of a
 25 12 community college to the chief executive officer of the
 25 13 community college.
 25 14    Code sections 19A.3(24), unnumbered paragraph 2, and
 25 15 256.10:  Strike provisions related to personnel procedures
 25 16 affecting the professional staff of the department of
 25 17 education.  Code section 256.10 currently gives the
 25 18 professional staff of the department the same rights to notice
 25 19 and hearing in cases of dismissal as teachers.  Code section
 25 20 19A.3(24), unnumbered paragraph 2, currently directs the
 25 21 department of personnel to negotiate an agreement with the
 25 22 director of the department for the blind and the director of
 25 23 the department of education concerning the applicability of
 25 24 the merit system to the professional staff for each
 25 25 department.  Without these provisions relative to the
 25 26 department of education, no agreement will be needed.  Under
 25 27 the bill, the department of personnel will direct the
 25 28 personnel matters of the department of education's
 25 29 professional staff.
 25 30    Code section 256.9(42):  Eliminates a provision directing
 25 31 the director of the department of education to develop an
 25 32 application and review process for approval of administrative
 25 33 and program sharing agreements between two or more community
 25 34 colleges or a community college and a state university.  That
 25 35 responsibility is provided for in more detail in section
 26  1 260C.46.
 26  2    Code sections 256.11(5)(h), unnumbered paragraph 1,
 26  3 256.11B, and 258.4(2):  Update language by striking references
 26  4 to home economics occupations.
 26  5    Code sections 256.12(2), 256B.9(4), 273.2, unnumbered
 26  6 paragraph 3, and 273.2, subsection 4, and 294A.14(2),
 26  7 unnumbered paragraph 6:  Provide that special education
 26  8 services are available only to children attending accredited
 26  9 nonpublic schools in the same manner and to the same extent
 26 10 that they are provided to public school students.
 26 11    Code section 256.45, unnumbered paragraphs 1, 3, and 4:
 26 12 Places responsibility for administration of the ambassador to
 26 13 education position with the department of education, but
 26 14 eliminates language requiring that the position be established
 26 15 within the department.  Provides that the ambassador receive a
 26 16 salary in an amount that the person would have received from
 26 17 the school district during the year in which the person acts
 26 18 as ambassador, or $30,000, whichever is greater.  Under the
 26 19 bill, the department grants funds to the school district in
 26 20 that amount, and the school district pays the ambassador's
 26 21 salary and benefits.
 26 22    Code sections 256C.1 and 256C.2, unnumbered paragraph 2:
 26 23 Strike a reference to the date by which the department of
 26 24 education shall establish family resource centers and
 26 25 eliminate the dates between which the family resource center
 26 26 grants will be awarded.  Currently, the grants are to end on
 26 27 June 30, 1998.
 26 28    Code sections 257.6(1)(f) and 299A.8:  Provide that a child
 26 29 who enrolls under dual enrollment and participates in three or
 26 30 more courses is counted as a pupil for purposes of a school
 26 31 district's annual enrollment.  A child who enrolls under dual
 26 32 enrollment, but participates in less than three courses, is
 26 33 counted as two-tenths of one pupil.
 26 34    Code section 257.31:  Permits the school budget review
 26 35 committee to request an audit of the accounts of a school
 27  1 district or area education agency.
 27  2    Code sections 258.3A(1) and 258.4(1):  References to the
 27  3 federal board of vocational education, which has been
 27  4 eliminated, are replaced with references to the United States
 27  5 department of education.
 27  6    Code section 258.3A(2):  Strikes a reference to the
 27  7 adoption of rules prescribing standards for teachers of
 27  8 vocational education.
 27  9    Code sections 258.3A(3), 258.4(2), (3), (5), (6), and (10),
 27 10 258.5, unnumbered paragraph 1, 258.6, and 258.9:  Eliminate,
 27 11 or when necessary, replace references to vocational schools,
 27 12 departments, and classes, and other examples of possible
 27 13 vocational programs with the more general term "vocational
 27 14 programs".
 27 15    Code sections 258.4(13) and 258.13:  Amend the provision
 27 16 currently codified in section 258.13, establishing a duty of
 27 17 the director of the department of education to include in a
 27 18 biennial report receipts and expenditures under the vocational
 27 19 education chapter, to reflect the current practice of
 27 20 submitting the report annually, and transfers the provision to
 27 21 section 258.4, which establishes the director's duties under
 27 22 the chapter.
 27 23    Code section 258.5, unnumbered paragraph 2:  Eliminates a
 27 24 reference in the vocational education chapter to the
 27 25 disbursement of federal funds as reimbursement for
 27 26 practitioner preparation programs.
 27 27    Code section 258.10:  Eliminates a section authorizing
 27 28 school districts to provide vocational education and to pay
 27 29 for the education as the district pays for other programs.
 27 30 Section 256.11, the section on educational standards,
 27 31 addresses the provision of the vocational education areas
 27 32 identified in the repeal section.
 27 33    Code section 258.12:  Updates a requirement that the
 27 34 treasurer of state report the receipt of federal vocational
 27 35 education funds to the general assembly to reflect the current
 28  1 practice of providing the report annually, rather than
 28  2 biennially.
 28  3    Code section 260C.5(1):  Reference to the federal
 28  4 "Vocational Education Act of 1963" in the community colleges
 28  5 chapter is replaced with a general reference to federal
 28  6 vocational education legislation.
 28  7    Code section 260C.5(9):  Strikes language giving the
 28  8 director of the department of education the authority to grant
 28  9 credit to high school students who participate in community
 28 10 college programs, leaving the granting of credit to the
 28 11 discretion of the community college boards and the school
 28 12 district boards.
 28 13    Code sections 260C.5(6), 260C.35, and 260C.38, unnumbered
 28 14 paragraphs 1 and 3:  Eliminate provisions requiring the
 28 15 director of the department of education to approve or
 28 16 disapprove a lease agreement for space needed by a community
 28 17 college, or sites, buildings, or land to be acquired, erected,
 28 18 or remodeled for use by community colleges.
 28 19    Code sections 279.10(1), (3), and (4), 257.17, and 299.4:
 28 20 Remove provisions that prohibit school districts from
 28 21 beginning school calendars before the calendar week in which
 28 22 the first day of September falls, or later than the first
 28 23 Monday in December, and which penalize the school that begins
 28 24 before the date specified by reducing state aid.
 28 25    Code section 282.18(2), unnumbered paragraph 1:  Allows the
 28 26 approval of applications for open enrollment that were filed
 28 27 late without "good cause" if both the sending and receiving
 28 28 district approve the late-filed request.
 28 29    Code section 282.18(5):  Provides that when a request for
 28 30 open enrollment is filed in a timely manner, but denied by a
 28 31 receiving district, the parent or guardian who filed the
 28 32 request may, within five days of receiving the denial
 28 33 notification, petition the resident district to transfer the
 28 34 request to another receiving district, and the request shall
 28 35 still be considered timely filed.
 29  1    Code sections 282.30(1)(b), unnumbered paragraph 2, and
 29  2 282.31(1)(a):  The deadline by which shelter care homes and
 29  3 juvenile detention homes must request educational services of
 29  4 an area education agency is moved from December 1 to January
 29  5 1; by which an area education agency must submit for approval
 29  6 a proposed special program and budget to the department of
 29  7 education is revised from January 1 to February 1; and by
 29  8 which the department of education must review and approve the
 29  9 program and budget is changed from February 1 to March 1.
 29 10    Code sections 285.2 and 285.3:  Section 285.3 currently
 29 11 specifies the amount of the base parental reimbursement for
 29 12 nonpublic school student transportation by using the basic
 29 13 formula established in section 285.1, subsection 3, pertaining
 29 14 to transportation when necessary to implement a whole grade
 29 15 sharing agreement or where transportation by school bus is
 29 16 impracticable or not available, except that section 285.3
 29 17 limits the number of students used in the calculation to all
 29 18 elementary students and two high school students, and section
 29 19 285.1, subsection 3, provides a limitation of three elementary
 29 20 students and one high school student.  The bill eliminates the
 29 21 different limitation provided in section 285.3.
 29 22    Moreover, the bill changes the formula for calculating a
 29 23 supplemental payment for a parent or guardian transporting a
 29 24 student more than four miles to a nonpublic school.  Current
 29 25 section 285.3 provides a formula based upon all of the base
 29 26 payments made to parents or guardians of nonpublic school
 29 27 students under section 285.1, subsection 3, and section 285.3.
 29 28 The bill provides that a parent or guardian is entitled to a
 29 29 supplemental payment equal to 15 percent of the parent or
 29 30 guardian's base reimbursement amount.  The section also
 29 31 requires parents or guardians to submit claims for
 29 32 reimbursement to a school district by December 1 and May 1.
 29 33    The bill amends section 285.2 to require districts to
 29 34 submit claims for reimbursement by January 31 and July 15, and
 29 35 removes the deadline by which the department is required to
 30  1 certify the amount of the claims to the department of revenue
 30  2 and finance.
 30  3    Code section 294A.25(5):  Increases from $60,000 to $75,000
 30  4 the amount of educational excellence program moneys allocated
 30  5 to the department of education for purposes of the ambassador
 30  6 to education program.  
 30  7 LSB 1315DP 77
 30  8 kh/jj/8.1
     

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