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Seventy-third Calendar Day - Fiftieth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, March 25, 1998 The House met pursuant to adjournment at 8:55 a.m., Speaker Corbett in the chair. Prayer was offered by Pastor Curt Kuhns, Mennonite Church, Manson. The Journal of Tuesday, March 24, 1998 was approved. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 24, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 681, a bill for an act creating an environmental audit privilege and immunity, and an environmental auditor training program, and providing penalties. Also: That the Senate has on March 24, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2502, a bill for an act relating to the statewide notification center and providing for alternative staff and the information requirements associated with the notice of an excavation. MARY PAT GUNDERSON, Secretary SPECIAL PRESENTATION Churchill of Polk presented to the House eleven Russian insurance agents: Viktor Zubarev, Vladimir Aleinikov, Vladimir Biryukov, Sergey Kuznetsov, Tatiana Shouvalova, Yuri Grin'ko, Vladimir Cheremetov, Pavel Lukin, Valery Ovasiamikov, and Natasha Dronova. The House rose and expressed its welcome. On motion by Siegrist of Pottawattamie, the House was recessed at 9:00 a.m., until 10:00 a.m. The House resumed session at 10:30 a.m., Speaker Corbett in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-nine members present, thirty-one absent. CONSIDERATION OF BILLS Regular Calendar Senate File 518, a bill for an act relating to the administration of state government, by providing for the practices of the department of general services, state procurement, motor vehicles, and state printing, with report of committee recommending passage, was taken up for consideration. Bradley of Clinton offered the following amendment H-8496 filed by him and moved its adoption: H-8496 1 Amend Senate File 518, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, by striking lines 5 and 6. 4 2. Page 3, line 22, by striking the words 5 "advertise for" and inserting the following: 6 "advertise forsolicit". 7 3. Page 3, by striking lines 23 through 27 and 8 inserting the following: "improvement by publishing 9 an advertisement in a print format. The advertisement 10 shall appear in". 11 4. Page 3, line 31, by striking the word "The" 12 and inserting the following: "The department may 13 publish an advertisement in an electronic format as an 14 additional method of soliciting bids under this 15 paragraph." 16 5. Page 4, line 29, by inserting after the word 17 "Code" the following: "Supplement". Amendment H-8496 was adopted. Bradley of Clinton moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 518) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 1: Shoultz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 2112, a bill for an act concerning the sunset provision relating to the employment security administrative contribution surcharge and providing an effective date, with report of committee recommending passage, was taken up for consideration. Barry of Harrison moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2112) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Millage Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 2310, a bill for an act relating to professional engineering licensure requirements for applicants with certain educational qualifications, with report of committee recommending passage, was taken up for consideration. Bradley of Clinton moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2310) The ayes were, 100: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 518, 2112 and 2310. SENATE AMENDMENT CONSIDERED Gries of Crawford called up for consideration House Concurrent Resolution 15, a concurrent resolution providing for the formation of a committee by the Legislative Council to conduct a comprehensive study of school finance and make recommendations for a revised school aid formula, amended by the Senate amendment H-8069 as follows: H-8069 1 Amend House Concurrent Resolution 15, as passed by 2 the House, as follows: 3 1. By striking page 2, line 1, through page 3, 4 line 3, and inserting the following: "SENATE 5 CONCURRING, That the Legislative Council may appoint a 6 working committee to conduct a comprehensive study of, 7 and make recommendations regarding, the school finance 8 formula. The study may include a review of other 9 sources of kindergarten through grade twelve public 10 school funding. The working committee shall be 11 composed of ten members, representing both political 12 parties and both houses of the General Assembly. Five 13 members shall be members of the Senate, three of whom 14 shall be appointed by the Majority Leader of the 15 Senate and two of whom shall be appointed by the 16 Minority Leader of the Senate. The additional five 17 members shall be members of the House of 18 Representatives, appointed by the Speaker of the 19 House, three of whom shall be of the majority party 20 and two of whom shall be of the minority party. The 21 temporary co-chairpersons of the committee shall be 22 the chairpersons of the Senate and House Committees on 23 Education. 24 The committee shall be staffed by the Legislative 25 Service Bureau and the Legislative Fiscal Bureau. The 26 committee may begin its deliberations during the 1998 27 Session of the General Assembly, and, if the committee 28 is established, shall issue a report of 29 recommendations to the General Assembly by January 1, 30 1999. The Legislative Council may expend from moneys 31 appropriated in section 2.12 up to $150,000, or so 32 much thereof as is necessary, to fund the expenses of 33 the committee." Gries of Crawford offered the following amendment H-8153, to the Senate amendment H-8069, filed by him and Wise of Lee and moved its adoption: H-8153 1 Amend the Senate amendment, H-8069, to House 2 Concurrent Resolution 15, as passed by the House, as 3 follows: 4 1. Page 1, line 5, by striking the word "may" and 5 inserting the following: "shall". 6 2. Page 1, by striking lines 25 through 30 and 7 inserting the following: "Service Bureau and the 8 Legislative Fiscal Bureau. The committee shall begin 9 its deliberations following the adjournment of the 10 1998 Session of the General Assembly and shall issue 11 its report of recommendations by December 1, 1999. 12 It is the intent of the General Assembly that the 13 General Assembly meeting in 2000 shall enact a school 14 aid formula to replace the formula contained in Code 15 chapter 257. The new formula shall take effect for 16 computations and procedures needed during the school 17 year beginning July 1, 2000, in order to implement the 18 new formula for the school year beginning July 1, 19 2001. The Legislative Council may expend from 20 moneys". Amendment H-8153 was adopted. On motion by Gries of Crawford, the House concurred in the Senate amendment H-8069, as amended. Gries of Crawford moved the adoption of the resolution, as amended. The motion prevailed and House Concurrent Resolution 15, as amended, was adopted. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House Concurrent Resolution 15 be immediately messaged to the Senate. Appropriations Calendar Senate File 2366, a bill for an act relating to the licensing and employment of practitioners and the school districts employing them, making appropriations, and including retroactive applicability and effective date provisions, with report of committee recommending amendment and passage, was taken up for consideration. Millage of Scott asked and received unanimous consent to withdraw amendment H-8501 filed by the committee on appropriations on March 19, 1998. Gries of Crawford asked and received unanimous consent to withdraw amendment H-8457 filed by the committee on education on March 17, 1998. Gries of Crawford offered amendment H-8616 filed by him as follows: H-8616 1 Amend Senate File 2366, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. DEPARTMENT OF EDUCATION. There is 6 appropriated from the general fund of the state to the 7 department of education for the fiscal year beginning 8 July 1, 1998, and ending June 30, 1999, the following 9 amount, or so much thereof as is necessary, to be used 10 for the purposes designated: 11 1. For frontier school or extended school year 12 grants: 13 $ 1,500,000 14 By September 1, 1998, the department shall 15 establish criteria and a process for the awarding of 16 grants for planning or implementation purposes. 17 Grants shall be equitably distributed geographically 18 among rural and urban areas. Notwithstanding section 19 8.33, unencumbered or unobligated funds remaining on 20 June 30 of the fiscal year for which the funds were 21 appropriated shall not revert but shall be available 22 for expenditure for the following fiscal year for the 23 purposes of this subsection. 24 2. To the board of educational examiners, for 25 purposes of developing and implementing a multi-level 26 voluntary para-educator licensing system in accordance 27 with section 272.12, if enacted: 28 $ 75,000 29 3. For deposit in the Iowa empowerment fund if 30 legislation providing for the creation of an Iowa 31 empowerment board, an Iowa empowerment fund, and for 32 the appropriation of moneys to be administered by a 33 community empowerment area, is enacted by the Seventy- 34 seventh General Assembly, 1998 Session: 35 $ 5,200,000 36 4. For deposit in the national board for 37 professional teaching standards certification fund in 38 accordance with section 256.44, if enacted: 39 $ 250,000 40 5. For beginning teacher induction program grants 41 as provided in chapter 256E, if enacted: 42 $ 240,000 43 It is the intent of the general assembly that 44 grants awarded from funds appropriated under this 45 subsection shall provide support to a minimum of one 46 hundred thirty-three teams of mentors and beginning 47 teachers. 48 6. For purposes of the practitioner performance 49 improvement program as provided in section 279.14A, if 50 enacted: Page 2 1 $ 300,000 2 7. For the establishment and implementation of an 3 instructional leadership pilot program as provided in 4 sections 279.59 through 279.61, if enacted: 5 $ 1,000,000 6 By January 15, 1999, the department of education 7 shall prepare and submit a proposal for a program for 8 leadership development of practitioners and school 9 board members to the chairpersons and ranking members 10 of the house and senate standing education committees 11 and of the joint subcommittee on education 12 appropriations. 13 Sec. 2. NEW SECTION. 256.17A TEACHER INTERNSHIP 14 PILOT PROGRAM. 15 1. If the general assembly appropriates moneys for 16 a teacher internship pilot program, the state board of 17 education shall, by July 1, 1999, establish and 18 implement a competitive pilot program approval process 19 open to Iowa colleges and universities with master's 20 programs in practitioner preparation approved by the 21 state board. 22 2. To be eligible to receive a grant under this 23 section, an eligible institution shall submit to the 24 department of education a plan for an internship 25 program that, at a minimum, includes the following: 26 a. Student interns enrolled in the program shall 27 complete a one-year teaching experience conducted in a 28 collaborating school district. A student intern shall 29 be an employee of the participating school district. 30 The amount of money a school district shall pay to a 31 student intern shall be negotiated by the school 32 district and the eligible institution in consultation 33 with the department of education. 34 b. Application of the best teaching practices in 35 diverse settings and in responding to diverse student 36 needs under the supervision of selected district 37 teachers and personnel employed by the eligible 38 institution. 39 c. Seminars and special projects designed to meet 40 student intern needs. 41 d. Collaboration and support from a participating 42 school district relating to supervision and assessment 43 of the student intern's performance. 44 e. Collaboration and support from the eligible 45 institution in developing rigorous graduate coursework 46 and in matters relating to supervision, instruction, 47 and evaluation of the student intern in conjunction 48 with personnel employed by the participating school 49 district. 50 3. Student interns who enroll in the program shall Page 3 1 receive graduate credit for successful completion of 2 teacher internship program coursework. The successful 3 completion of a one-year teacher internship under the 4 program shall be recognized as the equivalent of one 5 year of teaching experience. 6 4. A teacher who is employed by a school district 7 and who acts as a clinical supervisor for the teacher 8 internship pilot program shall be eligible for a 9 stipend of one thousand dollars per semester of 10 participation in the program. The stipend and the 11 costs of the employer's share of contributions to 12 federal social security and the Iowa public employees' 13 retirement system established under chapter 294, for 14 such amounts by the district, shall be paid from 15 moneys received by the participating school district 16 from moneys appropriated to the department of 17 education pursuant to this section. 18 5. Moneys received by a school district under this 19 section shall not be commingled with state aid 20 payments made under section 257.16 to a school 21 district and shall be accounted for by the school 22 district separately from state aid payments. 23 6. Payments made to school districts under this 24 section are miscellaneous income for purposes of 25 chapter 257 and are considered encumbered. A school 26 district shall maintain a separate budget listing for 27 payments received and expenditures made pursuant to 28 this section. 29 7. Moneys received by a school district under this 30 section shall not be used for payment of any 31 collective bargaining agreement or arbitrator's 32 decision negotiated or awarded under chapter 20. 33 8. Annually on or by January 15, the eligible 34 institution shall submit a report describing 35 activities associated with the program to the 36 department of education, which shall summarize the 37 reports received and submit the summary to the 38 chairpersons and ranking members of the standing house 39 and senate education committees. 40 9. a. There is appropriated from the general fund 41 of the state to the department of education for the 42 fiscal year beginning July 1, 1998, and ending June 43 30, 1999, the sum of two hundred twenty thousand 44 dollars for the teacher internship pilot program. 45 b. There is appropriated from the general fund of 46 the state to the department of education for each 47 fiscal year of the fiscal period beginning July 1, 48 1999, and ending June 30, 2001, the sum of five 49 hundred seventy-five thousand dollars for the teacher 50 internship pilot program. Page 4 1 Sec. 3. NEW SECTION. 256.22 FRONTIER SCHOOL AND 2 EXTENDED YEAR SCHOOL GRANT PROGRAM. 3 1. Subject to an appropriation of sufficient funds 4 by the general assembly, the department shall 5 establish a frontier school and extended year school 6 grant program to provide for the allocation of grants 7 to school districts, or a collaboration of school 8 districts, to provide technical assistance for 9 conversion of an existing school to a frontier school 10 or to an extended school year calendar, or for 11 investigating the possibility of converting an 12 existing school within a district to a frontier school 13 calendar or to an extended school year calendar. A 14 district that wants to participate in the program 15 shall submit to the department a written request for a 16 grant by September 1, 1998. The school district or 17 collaboration of school districts shall agree to 18 appoint a planning committee composed of parents, 19 guardians, teachers, administrators, and individuals 20 representing business, and the local community. The 21 school district or collaboration shall also indicate 22 in its request its intention to use any grant moneys 23 received under this section to examine, at a minimum, 24 all of the following: 25 a. Mission and instructional focus of the school. 26 b. Organizational structure and management of the 27 school. 28 c. Impact of labor agreements and contracts on the 29 success of the school. 30 d. Roles and responsibilities of all involved 31 constituencies. 32 e. Arrangements for special needs students. 33 f. Connection of the school to the district. 34 g. Facility and operation costs. 35 h. Measurement of results including student 36 achievement results. 37 2. Grant moneys shall be distributed to qualifying 38 school districts by the department no later than 39 October 15, 1998. Grant amounts shall be distributed 40 as determined by the department. Not more than 41 fifteen of the grants awarded per year in accordance 42 with this section shall be used for purposes of 43 frontier school planning or conversion. 44 3. For purposes of this section, "frontier school" 45 means a school that is nonsectarian in its program, 46 admission policies, employment practices, and all 47 other operations. The school is a public school and 48 is part of the state's system of public education. 49 The primary focus of a frontier school shall be to 50 provide a comprehensive program of instruction for at Page 5 1 least one grade or age group from five through 2 eighteen years of age. Frontier schools may be 3 designed to allow significant autonomy to the schools. 4 However, frontier schools shall be accountable for 5 significant results. 6 4. By February 15, 1999, a school district or 7 collaboration of districts receiving moneys under this 8 section shall submit an interim report to the 9 department describing the planning activities 10 conducted by the school district or the collaboration 11 and providing preliminary conclusions. The school 12 district or collaboration shall submit a final report 13 by June 1, 1999, to the department. The department 14 shall summarize the school district reports in a final 15 report to the chairpersons and ranking members of the 16 house and senate standing education committees by 17 January 1, 2000. 18 5. Except as provided in this subsection, frontier 19 schools are exempt from all statutes and rules 20 applicable to a school, a school board, or a school 21 district, although a frontier school may elect to 22 comply with one or more provisions of statute or rule. 23 However, the frontier school shall be organized and 24 operated as a nonprofit cooperative association under 25 chapter 498 or nonprofit corporation under chapter 26 504A; the provisions of chapters 21 and 22 shall apply 27 to meetings and records of the frontier school board; 28 and frontier schools are subject to and shall comply 29 with chapters 216 and 216A relating to civil and human 30 rights, and sections 275.55A, 279.9A, 280.17B, 31 280.21B, and 282.4, relating to suspension and 32 expulsion of a student. The frontier school shall 33 employ or contract with necessary teachers, as defined 34 in section 272.1, who hold a valid license with an 35 endorsement for the type of service for which the 36 teacher is employed. Frontier schools are subject to 37 the same financial audits, audit procedures, and audit 38 requirements as a school district. The audits shall 39 be consistent with the requirements of sections 11.6, 40 11.14, 11.19, 256.9, subsection 19, and section 41 279.29, except to the extent deviations are necessary 42 because of the program at the school. The department, 43 auditor of state, or the legislative fiscal bureau may 44 conduct financial, program, or compliance audits. The 45 provisions of chapter 20 shall not apply to the board 46 of directors of a frontier school or its employees. 47 Sec. 4. NEW SECTION. 256.44 NATIONAL BOARD 48 CERTIFICATION AWARD - APPROPRIATION. 49 1. A teacher, as defined in section 272.1, who 50 registers for a national board for professional Page 6 1 teaching standards certificate and is employed by a 2 school district in Iowa shall be eligible for a 3 registration award as provided in subsection 2, and 4 upon achievement of a national board for professional 5 teaching standards certificate, is eligible for an 6 annual award of ten thousand dollars for each year the 7 certificate is valid as provided in this section. 8 2. To receive a partial registration award in the 9 amount of one-half of the registration fee charged by 10 the national board for professional teaching 11 standards, the teacher shall apply to the department 12 of education within one year of registration, 13 submitting to the department any documentation the 14 department requires. A teacher shall receive a final 15 registration award in the amount of the remaining 16 registration fee charged by the national board if the 17 teacher notifies the department of the teacher's 18 certification achievement and submits any 19 documentation requested by the department. 20 3. To receive a five-year annual award for 21 achieving certification by the national board of 22 professional teaching standards, a teacher shall apply 23 to the department within one year of eligibility. 24 Payment for awards shall be made only upon 25 departmental approval of an application or 26 recertification of eligibility. A nonrenewable term 27 of eligibility shall be for five years or for the 28 years the certificate is valid, whichever time period 29 is shorter. In order to continue receipt of payments, 30 a recipient shall annually recertify eligibility. 31 4. A national board for professional teaching 32 standards certification fund is established in the 33 office of treasurer of state to be administered by the 34 department. Moneys appropriated by the general 35 assembly for deposit in the fund shall be paid as 36 follows: 37 a. Upon receipt of award documentation as provided 38 in subsection 2. 39 b. On January 15 to teachers whose applications 40 and recertifications for annual awards as provided in 41 subsection 3 are approved by the department. The 42 treasurer of state shall act as custodian of the fund 43 and may invest the moneys deposited in the fund. The 44 income from any investment shall be credited to and 45 deposited in the fund. The director of revenue and 46 finance shall issue warrants upon the fund pursuant to 47 the order of the department and such warrants shall be 48 paid from the fund by the treasurer of state. 49 Notwithstanding section 8.33, unencumbered or 50 unobligated moneys remaining in the fund on June 30 of Page 7 1 the fiscal year for which the funds were appropriated 2 shall not revert but shall be available for subsequent 3 fiscal years for the purposes of this section. 4 5. An individual shall not qualify for a term of 5 annual award eligibility unless the individual 6 applies, certifying eligibility, to the department 7 prior to June 30, 2003. 8 Sec. 5. Section 256.45, unnumbered paragraphs 1, 9 3, and 4, Code 1997, are amended to read as follows: 10 The department of education shall establishwithin11the departmentand administer the position of 12 ambassador to education. It shall be the function of 13 the ambassador to education to act as an education 14 liaison to primary and secondary schools in this 15 state. The ambassador to education position shall be 16 filled by the educator selected as teacher of the year 17 by the governor, but only if that person agrees to 18 fill the ambassador to education position. 19 The ambassador to education shall receive, in lieu 20 of compensation from the district in which the 21 ambassador is regularly employed, a salarywhich is22 equal to the amount of salaryreceived bythe person 23during the previouswould have received from the 24 district in the person's regular position during the 25 school year for which the person serves as ambassador, 26 or thirty thousand dollars, whichever amount is 27 greater. The ambassador shall also be compensated for 28 actual expenses incurred as a result of the 29 performance of duties under this section. 30 Thedistrict whichdepartment shall grant funds in 31 an amount equal to the salary and benefits the person 32 selected as ambassador to education would have 33 received from the district, or thirty thousand 34 dollars, whichever amount is greater, to the school 35 district that employs the person selected as the 36 ambassadorto education. The department shall also 37 reimburse the school district for actual expenses 38 incurred as a result of the performance of duties 39 under this section. The school district shall grant 40 the person a one-year sabbatical in order to allow the 41 person to be the ambassador to education, and during 42 the sabbatical, shall pay the salary and benefits of 43 the ambassador with funds granted by the department. 44 The person selected as the ambassador to education 45 shall be entitled to return to the person's same or a 46 comparable position without loss of accrued benefits 47 or seniority. 48 Sec. 6. NEW SECTION. 256E.1 BEGINNING TEACHER 49 INDUCTION PROGRAM ESTABLISHED - GRANTS. 50 If the general assembly appropriates moneys for Page 8 1 purposes of teacher induction, the department of 2 education shall coordinate a beginning teacher 3 induction program to promote excellence in teaching, 4 to build a supportive environment within school 5 districts, to increase the retention of promising 6 beginning teachers, and to promote the personal and 7 professional well-being of teachers. The department 8 of education shall develop a process for awarding 9 beginning teacher induction grants to school 10 districts, and shall adopt rules pursuant to chapter 11 17A relating to the equitable distribution of grants 12 to school districts to reflect diversity 13 geographically and by population. 14 Sec. 7. NEW SECTION. 256E.2 DEFINITIONS. 15 As used in this chapter, unless the context 16 otherwise requires: 17 1. "Beginning teacher" means an individual serving 18 under an initial provisional or conditional license, 19 issued by the board of educational examiners under 20 chapter 272, who is assuming a position as a classroom 21 teacher. 22 2. "Board of directors" means the board of 23 directors of a school district or a collaboration of 24 boards of directors of school districts. 25 3. "Classroom teacher" means an individual who 26 holds a valid practitioner's license and who is 27 employed by a school district under sections 279.13 28 through 279.19 in a school district or area education 29 agency in this state to provide instruction to 30 students. 31 4. "Department" means the department of education. 32 5. "Director" means the director of the department 33 of education. 34 6. "District facilitator" means a licensed 35 professional pursuant to chapter 272 who is appointed 36 by the board of directors, or a collaboration of 37 districts, to serve as the liaison between the board 38 of directors and the department for the beginning 39 teacher induction program. 40 7. "Mentor" means an individual employed by a 41 school district or area education agency as a 42 classroom teacher and who holds a valid license to 43 teach issued under chapter 272. 44 Sec. 8. NEW SECTION. 256E.3 DISTRICT PLAN. 45 1. A board of directors of a school district or 46 the boards of directors of a collaboration of school 47 districts participating in the beginning teacher 48 induction program shall appoint a district 49 facilitator, whose duties shall include, but are not 50 limited to, overseeing the development of a plan for Page 9 1 meeting the goals of the program as set forth in 2 section 256E.1, and composing a district committee 3 pursuant to subsection 2. 4 2. The membership of the district committee 5 composed by the district facilitator shall include, 6 but is not limited to, licensed practitioners and an 7 area education agency staff development professional. 8 3. The district committee shall adopt a plan and 9 written procedures for a mentor program consistent 10 with this chapter. The plan and the written 11 procedures shall, at a minimum, provide the process 12 for the selection of and the number of mentors; the 13 mentor training process; the timetable by which the 14 plan shall be implemented; placement of mentors and 15 beginning teachers; the minimum amount of contact time 16 between mentors and beginning teachers; the minimum 17 amount of release time for mentors and beginning 18 teachers for meetings for planning, demonstration, 19 observation, feedback, and workshops; the process for 20 dissolving mentoring partnerships; and the process for 21 measuring the results of the program. The district 22 committee shall recommend to the board of directors or 23 boards of directors of a collaboration the names of 24 classroom teachers eligible to be mentors. 25 4. The district facilitator shall submit the plan, 26 and the proposed costs of implementing the plan, to 27 the board of directors or boards of directors of a 28 collaboration, which shall consider the plan and, once 29 approved, submit the plan and a reasonable cost 30 proposal to the department of education, which shall 31 award grants as equitably as possible based on the 32 geographic and population diversity of the school 33 districts submitting plans. Grants may be awarded in 34 subsequent years based upon the most recent plan on 35 file with the department. 36 5. The district committee is encouraged to work 37 with area education agencies and postsecondary 38 institutions in the preparation and implementation of 39 a plan. 40 Sec. 9. NEW SECTION. 256E.4 BEGINNING TEACHER 41 AND MENTOR SELECTION AND PLACEMENT. 42 1. To be eligible to be a mentor, a licensed 43 practitioner shall, at a minimum, be employed by a 44 school district as a classroom teacher, have a record 45 of at least four years of effective practice, have 46 been employed for one full year in the district on a 47 nonprobationary basis, and demonstrate professional 48 commitment to the improvement of teaching and 49 learning, and the development of beginning teachers. 50 2. The district facilitator shall place beginning Page 10 1 teachers in a manner that provides the greatest 2 opportunity to participate with the largest number of 3 mentors. 4 Sec. 10. NEW SECTION. 256E.5 BEGINNING TEACHER 5 INDUCTION STATE SUBSIDY - FUND. 6 1. A teacher who is enrolled as a mentor in an 7 approved beginning teacher induction program shall be 8 eligible for an award of five hundred dollars per 9 semester of participation in the program, which shall 10 be paid from moneys received pursuant to this section 11 by the school district employing the mentor. 12 2. Moneys received by a school district pursuant 13 to this chapter shall be expended to provide mentors 14 with awards in accordance with subsection 1, to 15 implement the plan, to pay the costs of the employer's 16 share of contributions to federal social security and 17 the Iowa public employees' retirement system or a 18 pension and annuity retirement system established 19 under chapter 294, for such amounts paid by the 20 district. 21 3. Moneys received by a school district under this 22 chapter are miscellaneous income for purposes of 23 chapter 257 or are considered encumbered. Each local 24 school district shall maintain a separate listing 25 within their budget for payments received and 26 expenditures made pursuant to this section. 27 4. Moneys received for purposes of this chapter 28 shall not be used for payment of any collective 29 bargaining agreement or arbitrator's decision 30 negotiated or awarded under chapter 20. 31 5. A beginning teacher induction fund is 32 established in the office of the treasurer of state to 33 be administered by the department. Moneys 34 appropriated by the general assembly for deposit in 35 the fund shall be used to provide funding to school 36 districts pursuant to the requirements of this 37 section. 38 6. Notwithstanding section 8.33, unencumbered or 39 unobligated funds remaining on June 30 of the fiscal 40 year for which the funds were appropriated shall not 41 revert but shall be available for expenditure in the 42 following fiscal year for the purposes of this 43 section. 44 Sec. 11. NEW SECTION. 256E.6 REPORTS. 45 The board of directors of a school district or the 46 boards of directors of a collaboration of school 47 districts implementing an approved beginning teacher 48 induction program as provided in this chapter shall 49 submit an assessment of the program's results by July 50 1 of the fiscal year succeeding the year in which the Page 11 1 school district or the collaboration of school 2 districts received moneys under this chapter. The 3 department shall annually report the statewide results 4 of the program to the chairpersons and the ranking 5 members of the house and senate education committees 6 by January 1. 7 Sec. 12. NEW SECTION. 256F.1 LEGISLATIVE 8 FINDINGS AND INTENT. 9 The general assembly finds that it is in the best 10 interest of the state to encourage and fund early 11 education programs focused on kindergarten through 12 grade three in the public school districts. The goal 13 of these programs is to improve student achievement in 14 the basic educational subject matters of reading, 15 language arts, and mathematics, and to accomplish 16 proficiency in those subjects by grade four. Toward 17 that goal, it is the intent of this chapter to 18 establish and fund an early childhood education 19 imperatives program. 20 Sec. 13. NEW SECTION. 256F.2 EARLY CHILDHOOD 21 EDUCATION IMPERATIVES PROGRAM APPROPRIATION. 22 1. There is appropriated from the general fund of 23 the state to the department of education for the 24 fiscal year beginning July 1, 1998, and for each 25 succeeding fiscal year, the sum of nine million 26 dollars for the early childhood education imperatives 27 program. 28 2. For each fiscal year for which moneys are 29 appropriated in subsection 1, the amount of moneys 30 allocated to school districts shall be in the 31 proportion that the basic enrollment of a district 32 bears to the sum of the basic enrollments of all 33 school districts in the state for the budget year. 34 However, a district shall not receive less than seven 35 thousand five hundred dollars in a fiscal year. 36 3. For each year for which an appropriation is 37 made to the early childhood education imperatives 38 program, the department of education shall notify the 39 department of revenue and finance of the amount to be 40 paid to each school district based upon the 41 distribution plan set forth for the appropriation made 42 pursuant to this section. The allocation to each 43 school district under this section shall be made in 44 one payment on or about October 15 of the fiscal year 45 for which the appropriation is made, taking into 46 consideration the relative budget and cash position of 47 the state resources. Prior to the receipt of moneys, 48 school districts shall provide to the department of 49 education adequate assurance that they have developed 50 or are developing an early childhood education plan as Page 12 1 required by section 256F.3 and that moneys received 2 under this section will be used in accordance with the 3 required early childhood education plan. 4 4. Moneys received under this section shall not be 5 commingled with state aid payments made under sections 6 257.16 to a school district and shall be accounted for 7 by the school district separately from state aid 8 payments. 9 5. Payments made to school districts under this 10 section are miscellaneous income for purposes of 11 chapter 257 or are considered encumbered. Each school 12 district shall maintain a separate listing within 13 their budgets for payments received and expenditures 14 made pursuant to this section. 15 6. Moneys received under this section shall not be 16 used for payment of any collective bargaining 17 agreement or arbitrator's decision negotiated or 18 awarded under chapter 20. 19 Sec. 14. NEW SECTION. 256F.3 EARLY CHILDHOOD 20 EDUCATION IMPERATIVES PROGRAM - REPORTS. 21 1. Progress, as determined by school districts 22 through appropriate assessments, for children enrolled 23 in kindergarten through grade three in attaining or 24 surpassing student achievement goals as established 25 under the accreditation process in chapter 256, and an 26 accounting of the use of the moneys received by the 27 school districts in accordance with this chapter, 28 shall be submitted in an annual report to the 29 department of education by September 1 in the fiscal 30 year beginning July 1, 1999, and in each succeeding 31 year. Each school district shall also certify, in the 32 annual report to the department, that the school 33 districts used the moneys received under this chapter 34 to supplement, and not to supplant, the moneys 35 otherwise received and used by the school district for 36 kindergarten through grade three education purposes. 37 2. The department shall submit, to the 38 chairpersons and ranking members of the house and 39 senate education committees by January 1, 2000, a 40 report describing the ways in which the school 41 districts are making use of the moneys received under 42 this chapter, and including the school districts, if 43 any, that used moneys received under this chapter to 44 supplant funds the school district was already 45 receiving for kindergarten through grade three 46 education purposes. 47 3. The department shall submit, to the 48 chairpersons and ranking members of the house and 49 senate education committees by January 1, 2002, a 50 report describing school district progress on Page 13 1 attaining or surpassing student achievement goals. 2 Sec. 15. NEW SECTION. 256F.4 EARLY CHILDHOOD 3 EDUCATION IMPERATIVES PROGRAM EXPENDITURES. 4 School districts shall expend funds received 5 pursuant to section 256F.2 to support reading 6 instruction in phonics, and other education practices, 7 programs, or assistance for kindergarten through grade 8 three that may include, but are not limited to, the 9 following: reducing adult to student ratios through 10 the hiring of teachers, former teachers, and para- 11 educator teaching assistants; talented and gifted 12 programs; and implementation of instructional programs 13 designed to improve student achievement in the areas 14 of reading, language arts, and mathematics. 15 Sec. 16. NEW SECTION. 256F.5 REPEAL. 16 This chapter is repealed effective July 1, 2001, 17 except that section 256F.3 is not repealed until 18 January 1, 2002. 19 Sec. 17. NEW SECTION. 257.13 ON-TIME FUNDING FOR 20 INCREASED ENROLLMENT. 21 1. If a district's actual enrollment for the 22 budget year, determined under section 257.6, is 23 greater than its budget enrollment for the budget 24 year, the district may submit a request to the school 25 budget review committee for on-time funding for 26 increased enrollment. The school budget review 27 committee shall consider the relative increase in 28 enrollment on a district-by-district basis, in 29 determining whether to approve the request, and shall 30 determine the amount of additional funding to be 31 provided if the request is granted. An application 32 for on-time funding must be received by the department 33 of education by October 1. Written notice of the 34 committee's decision shall be given through the 35 department of education to the school board for a 36 district. 37 2. If the school budget review committee approves 38 a request for on-time funding for increased 39 enrollment, the funding shall be in an amount up to 40 the product of one-third of the state cost per pupil 41 for the budget year multiplied by the difference 42 between the actual enrollment for the budget year and 43 the budget enrollment for the budget year. The 44 additional funding received under this section is 45 miscellaneous income to the district. 46 3. Moneys appropriated by the general assembly for 47 purposes of this section shall be paid to school 48 districts in one lump sum within thirty days of 49 notification by the school budget review committee of 50 approval for on-time funding for increased enrollment Page 14 1 for a budget year. If the requests approved by the 2 school budget review committee exceed the 3 appropriation made for purposes of this section, the 4 payments to school districts receiving approval for 5 on-time funding shall be prorated such that each 6 school district approved for on-time funding shall 7 receive an amount of on-time funding equal to the 8 percentage that the on-time funding to be provided to 9 the district bears to the total amount of on-time 10 funding to be provided to all districts receiving 11 approval. 12 4. If the board of directors of a school district 13 determines that a need exists for additional funds 14 exceeding the amount provided in this section, a 15 request for supplemental aid based upon increased 16 enrollment may be submitted to the school budget 17 review committee as provided in section 257.31. 18 5. A school district which is receiving a budget 19 adjustment for a budget year pursuant to section 20 257.14 shall receive on-time funding for increased 21 enrollment, reduced by the amount of the budget 22 adjustment for that budget year. 23 6. There is appropriated from the general fund of 24 the state to the department of education for the 25 fiscal year beginning July 1, 1999, and for each 26 succeeding fiscal year, the sum of four million 27 dollars or as much thereof as is necessary to pay 28 additional funding authorized under this section. 29 Sec. 18. Section 257.14, Code Supplement 1997, is 30 amended to read as follows: 31 257.14 BUDGET ADJUSTMENT. 32 1. For the budget years commencing July 1, 1997, 33andJuly 1, 1998, and July 1, 1999, if the department 34 of management determines that the regular program 35 district cost of a school district for a budget year 36 is less than the total of the regular program district 37 cost plus any adjustment added under this section for 38 the base year for that school district, the department 39 of management shall provide a budget adjustment for 40 that district for that budget year that is equal to 41 the difference. 42 2. For the budget year beginning July 1,199543 1999, if the department of management determines that 44 the regular program district cost plus the budget 45 adjustment computed under subsection 1 of a school 46 district is less than one hundred one percent of the 47 total of the regular program district cost plus any 48 adjustment added under this section for the base year 49 for that school district, the department of management 50 shall provide an additional budget adjustment for that Page 15 1 budget year that is equal to the difference. 2 Sec. 19. Section 272.1, Code 1997, is amended by 3 adding the following new subsection: 4 NEW SUBSECTION. 4A. "Para-educator" means a 5 person who is licensed to assist a teacher in the 6 performance of instructional tasks to support and 7 assist classroom instruction and related school 8 activities. 9 Sec. 20. NEW SECTION. 272.12 PARA-EDUCATOR 10 LICENSES. 11 1. The board of educational examiners shall adopt 12 rules pursuant to chapter 17A relating to a multi- 13 level voluntary licensing system ranging from para- 14 educator generalist to para-educator specialist. The 15 rules shall outline the instructional and other school 16 activity tasks the individuals licensed under this 17 section may perform. The board shall determine 18 whether an applicant is qualified to perform the 19 duties for which a para-educator license is sought. 20 2. Applicants for a para-educator license as a 21 generalist must hold a high school diploma from an 22 accredited secondary school or a high school 23 equivalency diploma issued in accordance with chapter 24 259A. The applicant must also have completed 25 additional in-service training in at least all of the 26 following areas: 27 a. Behavior management. 28 b. Ethical responsibilities and behavior. 29 c. Exceptional child and at-risk child behavior. 30 d. Collaboration skills and interpersonal 31 relations. 32 e. Child and youth development. 33 3. Applicants for a para-educator license as a 34 specialist must meet the requirements of subsection 2 35 and additional requirements as prescribed by rule. 36 4. A public school district, area education 37 agency, community college, institution of higher 38 education under the state board of regents, or an 39 accredited private institution as defined in section 40 261.9, subsection 1, with a program approved by the 41 state board of education, may train and recommend 42 individuals for board licensure. 43 5. Applicants shall be disqualified for any of the 44 following reasons: 45 a. The applicant is less than eighteen years of 46 age. 47 b. The applicant has a record of founded child 48 abuse. 49 c. The applicant has been convicted of a felony. 50 d. The applicant's application is fraudulent. Page 16 1 e. The applicant's license or certification from 2 another state is suspended or revoked. 3 f. The applicant fails to meet board standards for 4 application for an initial or renewed license. 5 6. Qualifications or criteria for the granting or 6 revocation of a license or the determination of an 7 individual's professional standing shall not include 8 membership or nonmembership in any teachers' 9 organization. 10 Sec. 21. Section 279.14, Code 1997, is amended to 11 read as follows: 12 279.14 EVALUATION CRITERIA AND PROCEDURES. 13 1. The board shall establish evaluation criteria 14 and shall implement evaluation procedures. If an 15 exclusive bargaining representative has been 16 certified, the board shall negotiate in good faith 17 with respect to evaluation procedures pursuant to 18 chapter 20. 19 2. Notwithstanding chapter 20, any challenge to an 20 evaluation raised after the service of the notice of 21 intent to recommend termination of a teacher's 22 continuing contract in accordance with section 279.15 23 shall be brought only in the hearing before the school 24 board held in accordance with section 279.16. 25 Sec. 22. NEW SECTION. 279.14A PRACTITIONER 26 PERFORMANCE IMPROVEMENT PROGRAM. 27 1. The department of education shall establish and 28 implement a voluntary practitioner performance 29 improvement program that shall provide technical 30 assistance to teachers and administrators from each 31 public school district and area education agency. 32 Individuals under contract with a school district may 33 receive technical assistance in accordance with this 34 subsection. The department shall consult with the 35 Iowa state education association, the Iowa association 36 of school boards, the school administrators of Iowa, 37 the professional educators of Iowa, and, as 38 practicable, other entities providing similar 39 programs, in developing the program. At a minimum, 40 the program shall provide administrators with 41 training, including but not limited to, seminars and 42 written materials, relating to the areas of employment 43 policies and procedures, employment documentation, 44 performance evaluations, corrective performance 45 techniques, discipline, termination, and support by 46 qualified individuals for implementation of the 47 program. Training received by an administrator in 48 accordance with this section shall apply toward an 49 administrator's evaluator approval renewal. 50 2. The department shall submit an annual report to Page 17 1 the chairpersons and ranking members of the house and 2 senate standing education committees summarizing 3 program activities and describing the department's 4 plans for improving or changing the program. 5 Sec. 23. Section 279.19, unnumbered paragraph 1, 6 Code 1997, are amended to read as follows: 7 The firsttwothree consecutive years of employment 8 of a teacher in the same school district are a 9 probationary period. However,aif the teacher has 10 successfully completed a probationary period of 11 employment for another school district located in 12 Iowa, the probationary period in the current district 13 of employment shall not exceed one year. A board of 14 directors may waive the probationary period for any 15 teacher who previously has served a probationary 16 period in another school district and the board may 17 extend the probationary period for an additional year 18 with the consent of the teacher. 19 Sec. 24. Section 279.46, Code 1997, is amended to 20 read as follows: 21 279.46 RETIREMENT INCENTIVES - TAX. 22 The board of directors of a school district may 23 adopt a program for payment of a monetary bonus, 24 continuation of health or medical insurance coverage, 25 or other incentives for encouraging its employees to 26 retire before the normal retirement date as defined in 27 chapter 97B. The program is available only to 28 employees betweenfifty-ninefifty-five and sixty-five 29 years of age who notify the board of directors prior 30 toMarchApril 1 of the fiscal year that they intend 31 to retire not later than the next following June 30. 32 However, the age at which employees shall be 33 designated eligible for the program, within the age 34 range of fifty-five to sixty-five years of age, shall 35 be at the discretion of the board. An employee 36 retiring under this section shall apply for a 37 retirement allowance under chapter 97B or chapter 294. 38IfThe board may include in the district management 39 levy an amount to pay the total estimated accumulated 40 cost toathe school district of the health or medical 41 insurance coverage, bonus, or other incentives for 42 employees who retire under this sectiondoes not43exceed the estimated savings in salaries and benefits44for employees who replace the employees who retire45under the program, the board may include in the46district management levy an amount to pay the costs of47the program provided in this section. 48 Sec. 25. NEW SECTION. 279.59 STATEMENT OF 49 PURPOSE. 50 The purpose of the instructional leadership pilot Page 18 1 program is to recognize and reward teachers and 2 administrators for outstanding leadership, 3 performance, and service. The program is intended to 4 encourage and reinforce masterful teaching and 5 leadership, and provide extensive professional and 6 financial recognition to teachers and administrators 7 who are achieving outstanding results in their work 8 with students. 9 Sec. 26. NEW SECTION. 279.60 INSTRUCTIONAL 10 LEADERSHIP PILOT PROGRAM. 11 1. Subject to an appropriation of sufficient funds 12 by the general assembly, the department shall 13 establish and implement an instructional leadership 14 pilot program to be administered in cooperation with 15 school districts in the state. The instructional 16 leadership pilot program shall include, but not be 17 limited to, all of the following: 18 a. A nomination procedure that permits nominations 19 to be made by a practitioner or other individuals. 20 b. Award distribution to individual practitioners 21 or to nominated teams of practitioners. 22 c. Award eligibility based upon a satisfactory or 23 higher ranking on a performance evaluation by the 24 practitioner's administrator or a recommendation from 25 the board of directors of the school district, and 26 certification by the school district that the 27 practitioner improved student achievement in the 28 school year of award eligibility. To receive an award 29 a practitioner must have successfully completed at 30 least three consecutive years of service under 31 contract with a school district in this state. 32 d. Voluntary participation by a nominee. 33 e. Use of objective methods for measuring 34 improvement in student achievement. Multiple 35 measurement and assessment tools may be used to 36 measure student achievement. However, the 37 practitioner or the school district may request 38 approval from the director of the department of 39 education to use an alternative method for measuring 40 improvement in student achievement. The director's 41 decision shall be final. 42 2. The department shall develop and distribute to 43 school districts a weighting system for criteria 44 evaluation to be used by districts in making awards to 45 practitioners that ranks the criteria in the following 46 order of priority: improvement in student 47 achievement, practitioner participation as a member or 48 leader of a team, initiative to improve student 49 achievement and student change, practitioner 50 advancement through education or professional Page 19 1 designation achievement, and community involvement. 2 In addition to the criteria established in accordance 3 with this section, a school district may provide 4 additional weighted criteria for evaluation, 5 including, but not limited to, classroom or school 6 environment and objective measures of teaching skill. 7 3. To nominate a practitioner or team of 8 practitioners for an award, an individual shall submit 9 an application and report, on a form designed and 10 distributed to school districts by the department of 11 education, to a local school district coordinator 12 designated by the board of directors of the school 13 district. The form shall be completed by the 14 practitioner, one colleague, one administrator, and 15 three parents selected by the practitioner, and shall 16 be forwarded to the local school district coordinator. 17 4. The local school district coordinator shall 18 submit the forms to the department, which shall 19 tabulate and rank for each school district the 20 applications received according to the minimum 21 criteria established in accordance with subsection 2. 22 5. The board of directors shall also consult with 23 practitioners to plan appropriate recognition events 24 within the school district for presentation of the 25 awards. 26 6. Applications submitted under this section shall 27 be considered confidential personnel records under 28 section 22.7. 29 For purposes of this section, "practitioner" means 30 the same as defined in section 272.1. 31 Sec. 27. NEW SECTION. 279.61 INSTRUCTIONAL 32 LEADERSHIP PILOT PROGRAM - FUNDING. 33 1. Subject to an appropriation of sufficient funds 34 by the general assembly, and the establishment of an 35 instructional leadership pilot program, by September 36 15, each school district willing to participate in the 37 instructional leadership pilot program shall notify 38 the department of education of the intent to 39 participate in the program. 40 2. From the moneys appropriated for purposes of 41 this program, the amount of moneys allocated to school 42 districts that have notified the department of the 43 intent to participate in the program shall be in the 44 proportion that the basic enrollment of a district 45 bears to the sum of the basic enrollments of all 46 school districts in the state for the budget year that 47 are willing to participate in the program. However, 48 the amount of an award to a school district shall not 49 exceed the sum of one hundred thousand dollars. 50 3. For each year in which an appropriation is made Page 20 1 to the instructional leadership pilot program, the 2 department of education shall notify the department of 3 revenue and finance of the amount to be paid to each 4 school district based upon the distribution plan set 5 forth for the appropriation made pursuant to this 6 section. The allocation to each school district under 7 this section shall be made in one payment on or about 8 January 15 of the fiscal year in which the 9 appropriation is made, taking into consideration the 10 relative budget and cash position of the state 11 resources. 12 4. Moneys received under this section shall not be 13 commingled with state aid payments made under sections 14 257.16 to a school district and shall be accounted for 15 by the local school district separately from state aid 16 payments. 17 5. Payments made to school districts under this 18 section are miscellaneous income for purposes of 19 chapter 257 or are considered encumbered. Each local 20 school district shall maintain a separate listing 21 within their budget for payments received and 22 expenditures made pursuant to this section. 23 6. Moneys received under this section shall not be 24 used for payment of any collective bargaining 25 agreement or arbitrator's decision negotiated or 26 awarded under chapter 20. 27 7. Awards to practitioners under this program 28 shall not be built into the base pay for the 29 practitioner, but shall be included in the calculation 30 to determine pension contributions in the year in 31 which the award is received. 32 Sec. 28. NEW SECTION. 279.62 FUTURE REPEAL. 33 This section and sections 279.59 through 279.61 are 34 repealed effective July 1, 2003. 35 Sec. 29. Section 280.18, unnumbered paragraph 2, 36 Code 1997, is amended to read as follows: 37 In order to achieve the goal of improving student 38 achievement and performance on a statewide basis, the 39 board of directors of each school district shall adopt 40 goals that will improve student achievement at each 41 grade level in the skills listed in this section and 42 other skills deemed important by the board.Not later43than July 1, 1989, theAt a minimum, each board shall 44 adopt a goal of addressing the educational inequities 45 among Iowa's minority students and develop plans for 46 improving minority student academic performance. The 47 board of each district shall transmit to the 48 department of education its plans for achieving the 49 goals it has adopted and the periodic assessment that 50 will be used to determine whether its goals have been Page 21 1 achieved. The committee appointed by the board under 2 section 280.12 shall advise the board concerning the 3 development of goals, the assessment process to be 4 used, and the measurements to be used. 5 Sec. 30. Section 294A.5, Code 1997, is amended to 6 read as follows: 7 294A.5 MINIMUM SALARY SUPPLEMENT. 8 1. For the school year beginning July 1,19879 1998, and succeeding school years, the minimum annual 10 salary paid to a full-time teacher as regular 11 compensation shall beeighteentwenty-three thousand 12 dollars. 13 2. The minimum salary supplement shall be the sum 14 of the following, as applicable: 15 a. For the school year beginning July 1,198716 1998, for phase I, each school district and area 17 education agency shall certify to the department of 18 education by the third Friday in September the names 19 of all teachers employed by the district or area 20 education agency whose regular compensation is less 21 thaneighteentwenty-three thousand dollars per year 22 for that year and the amounts needed as minimum salary 23 supplements. The minimum salary supplement for each 24 eligible teacher is the total of the difference 25 betweeneighteentwenty-three thousand dollars and the 26 teacher's regular compensation plus the amount 27 required to pay the employer's share of the federal 28 social security and Iowa public employees' retirement 29 system, or a pension and annuity retirement system 30 established under chapter 294, payments on the 31 additional salary moneys. However, for purposes of 32 this paragraph, a teacher's regular compensation for 33 the school year beginning July 1, 1998, shall not be 34 lower than eighteen thousand dollars. 35 b. The total minimum salary supplement paid to a 36 school district under phase I for the school year 37 beginning July 1, 1997. 38 3. The board of directors shall report the 39 salaries of teachers employed on less than a full-time 40 equivalent basis, and the amount of minimum salary 41 supplement shall be prorated. 42 Sec. 31. Section 294A.6, unnumbered paragraph 1, 43 Code 1997, is amended to read as follows: 44 For the school year beginning July 1,19871998, 45 the department of education shall notify the 46 department of revenue and finance of the total minimum 47 salary supplement, as described in section 294A.5, 48 subsection 2, paragraphs "a" and "b", to be paid to 49 each school district and area education agency under 50 phase I and the department of revenue and finance Page 22 1 shall make the payments. For school years after the 2 school year beginning July 1,19871998, if a school 3 district or area education agency reduces the number 4 of its full-time equivalent teachers below the number 5 employed during the school year beginning July 1,19876 1998, the department of revenue and finance shall 7 reduce the total minimum salary supplement payable to 8 that school district or area education agency so that 9 the amount paid is equal to the ratio of the number of 10 full-time equivalent teachers employed in the school 11 district or area education agency for that school year 12 divided by the number of full-time equivalent teachers 13 employed in the school district or area education 14 agency for the school year beginning July 1,198715 1998, and multiplying that fraction by the total 16 minimum salary supplement paid to that school district 17 or area education agency for the school year beginning 18 July 1,19871998. 19 Sec. 32. Section 294A.25, subsection 1, Code 20 Supplement 1997, is amended to read as follows: 21 1. For the fiscal year beginning July 1,199022 1998, and for each succeeding year, there is 23 appropriated from the general fund of the state to the 24 department of education the amount ofninety-two25 eighty-two milliononeeight hundred ninety-one 26 thousandeighty-fivethree hundred thirty-six dollars 27 to be used to improve teacher salaries.For each28fiscal year in the fiscal period commencing July 1,291991, and ending June 30, 1993, there is appropriated30an amount equal to the amount appropriated for the31fiscal year beginning July 1, 1990, plus an amount32sufficient to pay the costs of the additional funding33provided for school districts and area education34agencies under sections 294A.9 and 294A.14. For each35fiscal year beginning on or after July 1, 1995, there36is appropriated the sum which was appropriated for the37previous fiscal year, including supplemental payments.38 The moneys shall be distributed as provided in this 39 section. 40 Sec. 33. Section 294A.25, subsection 7, Code 41 Supplement 1997, is amended to read as follows: 42 7. Commencing with the fiscal year beginning July 43 1, 1990, the amount ofsixtyseventy-five thousand 44 dollars for the ambassador to education program under 45 section256.43256.45. 46 Sec. 34. Section 669.14, Code 1997, is amended by 47 adding the following new subsection: 48 NEW SUBSECTION. 14. Any claim arising in respect 49 to technical assistance provided by the department of 50 education pursuant to section 279.14A. Page 23 1 Sec. 35. CURRENT NATIONAL BOARD CERTIFICATE 2 HOLDERS. In order to receive payment under section 3 256.44, as enacted by this Act, a teacher who by July 4 1, 1998, meets the qualifications for an award under 5 section 256.44 shall apply to the department for 6 payment under section 256.44 by June 30, 1999. 7 Sec. 36. CONTINGENT APPROPRIATION - TAXABLE 8 VALUATION INCREASE. For the fiscal year beginning 9 July 1, 1998, and ending June 30, 1999, if the actual 10 taxable valuation of real property located in this 11 state, based upon January 1, 1997, assessments, which 12 is used in the computation of property taxes payable 13 in the fiscal year beginning July 1, 1998, increases 14 from the estimate of such taxable valuation, there is 15 appropriated from the general fund of the state the 16 lesser of $4,000,000 or the amount of the reduction in 17 state foundation aid under section 257.1 as a result 18 of such increase in taxable valuation to be used to 19 fund section 257.13, as enacted by this Act, and the 20 moneys shall be allocated as provided in section 21 257.13, subsection 2, as enacted by this Act. 22 Sec. 37. EMERGENCY RULES. The department may 23 adopt emergency rules as necessary for the 24 administration of chapter 256E and section 279.60, if 25 enacted. 26 Sec. 38. EFFECTIVE DATE AND RETROACTIVE 27 APPLICABILITY. The section of this Act that amends 28 section 279.46, being deemed of immediate importance, 29 takes effect upon enactment and applies retroactively 30 to retirement incentive programs in existence after 31 December 31, 1997. 32 Sec. 39. EFFECTIVE DATE. Section 17 of this Act, 33 relating to on-time funding for increased enrollment, 34 being deemed of immediate importance, takes effect 35 upon enactment for the purpose of computations 36 required for payment of state aid to school districts 37 for budget years beginning on or after July 1, 1998. 38 Section 17 of this Act remains in effect until the 39 repeal of chapter 257 on July 1, 2001." 40 2. By renumbering as necessary. On motion by Siegrist of Pottawattamie, the House was recessed at 11:36 a.m., until 1:30 p.m. (Senate File 2366 and amendment H-8616 pending.) The House resumed session at 1:33 p.m., and consideration of Senate File 2366 with amendment H-8616 pending, Speaker pro tempore Van Maanen of Marion in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed seventy-three members present, twenty-seven absent. The House stood at ease at 1:40 p.m., until the fall of the gavel. The House resumed session at 1:50 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Wise of Lee offered the following amendment H-8689, to amendment H-8616, filed by him from the floor and moved its adoption: H-8689 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 11, by striking the words 5 "frontier school or". 6 2. Page 4, line 1, by striking the words 7 "FRONTIER SCHOOL AND". 8 3. Page 4, by striking line 5 and inserting the 9 following: "establish an extended year school". 10 4. Page 4, by striking lines 8 through 13 and 11 inserting the following: "districts, to provide 12 assistance for conversion of an existing school to an 13 extended school year calendar. A". 14 5. Page 4, by striking lines 40 through 43 and 15 inserting the following: "as determined by the 16 department." 17 6. By striking page 4, line 44, through page 5, 18 line 5. 19 7. Page 5, line 9, by striking the word 20 "planning". 21 8. Page 5, by striking lines 18 through 46. 22 9. By renumbering as necessary. Speaker Corbett in the chair at 2:15 p.m. Roll call was requested by Wise of Lee and Gries of Crawford. On the question "Shall amendment H-8689, to amendment H-8616, be adopted?" (S.F. 2366) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, none. Amendment H-8689 lost. Richardson of Warren asked and received unanimous consent that amendment H-8667, to amendment H-8616, be deferred. Richardson of Warren asked and received unanimous consent that amendment H-8693, to amendment H-8616, be deferred. Mascher of Johnson asked and received unanimous consent to withdraw amendment H-8646, to amendment H-8616, filed by her on March 24, 1998. Garman of Story offered the following amendment H-8690, to amendment H-8616, filed by her from the floor and moved its adoption: H-8690 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking lines 11 through 28. 5 2. By striking page 1, line 36 through page 7, 6 line 7 and inserting the following: 7 "___. For support of public school district 8 improvements in educational practices and programs for 9 students enrolled in grades four through 12: 10 $ 5,585,000 11 a. From the moneys appropriated in this 12 subsection, the amount of moneys allocated to school 13 districts shall be in the proportion that the basic 14 enrollment of a district bears to the sum of the basic 15 enrollments of all school districts in the state for 16 the budget year. 17 b. The department of education shall notify the 18 department of revenue and finance of the amount to be 19 paid to each school district based upon the 20 distribution plan set forth for the appropriation made 21 pursuant to this subsection. The allocation to each 22 school district under this subsection shall be made in 23 one payment on or about October 15 of the fiscal year, 24 taking into consideration the relative budget and cash 25 position of the state resources. However, a district 26 shall not receive less than seven thousand five 27 hundred dollars. 28 c. Moneys received under this subsection shall not 29 be commingled with state aid payments made under 30 section 257.16 to a school district and shall be 31 accounted for by the local school district separately 32 from state aid payments. 33 ___. Payments made to school districts under this 34 subsection are miscellaneous income for purposes of 35 chapter 257 or are considered encumbered. Each local 36 school district shall maintain a separate listing 37 within the district's budget for payments received and 38 expenditures made pursuant to this subsection. 39 ___. Moneys received under this subsection shall 40 not be used for payment of any collective bargaining 41 agreement or arbitrator's decision negotiated or 42 awarded under chapter 20." 43 3. By striking page 7, line 48, through page 11, 44 line 6. 45 4. By striking page 15, line 2, through page 16, 46 line 9. 47 5. By striking page 16, line 10, through page 17, 48 line 4. 49 6. By striking page 17, line 5, through page 20, 50 line 34. Page 2 1 7. By striking page 21, line 5, through page 22, 2 line 39. 3 8. By striking page 22, line 46, through page 23, 4 line 6. 5 9. Page 23, by striking lines 22 through 31. 6 10. By renumbering as necessary. A non-record roll call was requested. Rule 75 was invoked. The ayes were 49, nays 49. Amendment H-8690 lost. The following amendments were deferred by unanimous consent: Amendment H-8649, to amendment H-8616, filed by Bukta of Clinton. Amendment H-8694, to amendment H-8616, filed by Schrader of Marion. Amendment H-8648, to amendment H-8616, filed by Foege of Linn. Thomson of Linn offered the following amendment H-8677, to amendment H-8616, filed by her from the floor and moved its adoption: H-8677 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, by inserting after line 12 the 5 following: 6 "Sec. 101. Section 256.16, Code 1997, is amended 7 to read as follows: 8 256.16 SPECIFIC CRITERIA FORTEACHERPRACTITIONER 9 PREPARATIONAND CERTAIN EDUCATORS. 10 1. Pursuant to section 256.7, subsection 5, the 11 state board shall adopt rules requiring all higher 12 education institutions providing practitioner 13 preparation toinclude in the professional education14program, preparationdemonstrate that each student who 15 graduates from the practitioner preparation program 16 successfully completed the following: 17 a. Preparation that contributes to education of 18 students with disabilities and students who are gifted 19 and talented, which must be successfully completed20before graduation from the practitioner preparation21program. 22 b. Preparation for recognizing at-risk students, 23 and for understanding and ameliorating the behavior of 24 at-risk students. For purposes of this section, "at- 25 risk students" shall include students who are "at- 26 risk" as defined under administrative rules adopted by 27 the state board of education, or who are at risk of 28 becoming a substance abuser, or who have been 29 identified as a substance abuser. 30 c. Preparation for accelerating the achievement of 31 students through the use of learning techniques that 32 shall include, but are not limited to, reading 33 instruction in phonics. 34 2. A person initially applying for a license shall 35 successfully complete a professional education program 36 containing the subject matter specified in this 37 section, before the initial action by the board of 38 educational examiners takes place. 39 2. Page 23, by inserting after line 25 the 40 following: 41 "Sec. ___. EFFECTIVE DATE. Section 101 of this 42 Act, relating to preparation for recognizing at-risk 43 students and for accelerating the achievement growth 44 of students through the use of learning techniques, 45 takes effect July 1, 1999." Amendment H-8677 was adopted. The following amendments were deferred by unanimous consent: Amendment H-8651, to amendment H-8616, filed by Mascher of Johnson. Amendment H-8681, to amendment H-8616, filed by Mascher of Johnson. Brunkhorst of Bremer offered amendment H-8680, to amendment H-8616, filed by him from the floor as follows: H-8680 1 Amend the amendment, H-8616, to Senate File 2366 as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, line 16, by striking the words "state 5 board" and inserting the following: "department". 6 2. Page 2, line 17, by striking the word and 7 figures "July 1, 1999" and inserting the following: 8 "November 1, 1998". 9 3. Page 4, line 13, by striking the words 10 "calendar or" and inserting the following: "or". 11 4. Page 13, by inserting after line 18 the 12 following: 13 "Sec. ___. Section 257.1, subsection 2, unnumbered 14 paragraph 3, Code 1997, is amended to read as follows: 15 For the budget year commencing July 1,19951999, 16 the department of management shall add the amount of 17 the additional budget adjustment computed in section 18 257.14, subsection 2, to the combined foundation 19 base." 20 5. Page 23, line 24, by striking the word and 21 figure "section 279.60" and inserting the following: 22 "sections 256.17A and 279.60". 23 6. By renumbering as necessary. Veenstra of Sioux in the chair at 4:28 p.m. Weigel of Chickasaw requested division of amendment H-8680, to amendment H-8616, as follows: Division A - Lines 4 through 10. Division B - Lines 11 through 23. Brunkhorst of Bremer moved the adoption of amendment H-8680A, to amendment H-8616. Amendment H-8680A was adopted. Wise of Lee asked and received unanimous consent that amendment H-8687, to amendment H-8616, be deferred. Falck of Fayette asked and received unanimous consent to withdraw amendment H-8654, to amendment H-8616, filed by him on March 24, 1998. Falck of Fayette asked and received unanimous consent to withdraw amendment H-8692, to amendment H-8616, filed by him from the floor. Brunkhorst of Bremer offered the following amendment H-8697, to amendment H-8616, filed by him from the floor and moved its adoption: H-8697 1 Amend the amendment, H-8616, to Senate File 2366 as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 5, line 23, by inserting after the word 5 "However," the following: "a frontier school shall 6 meet all applicable state and local health and safety 7 requirements;". 8 2. By renumbering as necessary. Amendment H-8697 was adopted. The following amendments were deferred by unanimous consent: Amendment H-8674, to amendment H-8616, filed by Falck of Fayette. Amendment H-8682, to amendment H-8616, filed by Mascher of Johnson. Amendment H-8668, to amendment H-8616, filed by Richardson of Warren. Amendment H-8669, to amendment H-8616, filed by Richardson of Warren. Speaker Corbett in the chair at 4:40 p.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk, until his return, on request of Schrader of Marion. Wise of Lee offered amendment H-8650, to amendment H-8616, filed by Wise, et al., and requested division as follows: H-8650 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: H-8650C 4 1. Page 11, line 25, by striking the word "nine" 5 and inserting the following: "thirty". H-8650A 6 2. Page 12, line 31, by inserting after the word 7 "year." the following: "The report submitted by the 8 school district shall also include the district-wide 9 progress made in attaining student achievement goals 10 on the academic and other core indicators adopted by 11 rule by the department of education in accordance with 12 1998 Iowa Acts, House File 2272, if enacted." H-8650B 13 3. Page 13, lines 5 and 6, by striking the words 14 "reading instruction in phonics, and other". H-8650A 15 4. Page 13, by striking lines 9 through 12 and 16 inserting the following: "following: class-size 17 reduction, reading recovery instruction, and 18 implementation of instructional programs". Wise of Lee moved the adoption of amendment H-8650A, to amendment H-8616. Roll call was requested by Wise of Lee and Gries of Crawford. On the question "Shall amendment H-8650A, to amendment H-8616, be adopted?" (S.F. 2366) The ayes were, 46: Bell Bernau Brand Bukta Burnett Chapman Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Kremer Larkin Mascher May Mertz Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 48: Arnold Barry Blodgett Boddicker Boggess Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Jacobs Jenkins Klemme Lamberti Larson Lord Martin Metcalf Meyer Millage Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 6: Bradley Cataldo Chiodo Greig Houser Vande Hoef Amendment H-8650A lost. Wise of Lee asked and received unanimous consent to withdraw amendment H-8650C, to amendment H-8616, filed by him on March 24, 1998. Wise of Lee moved the adoption of amendment H-8650B, to amendment H-8616. Dolecheck of Ringgold in the chair at 5:06 p.m. Speaker Corbett in the chair at 5:20 p.m. Roll call was requested by Siegrist of Pottawattamie and Millage of Scott. On the question "Shall amendment H-8650B, to amendment H-8616, be adopted?" (S.F. 2366) The ayes were, 48: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jenkins Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, none. Amendment H-8650B lost. Weigel of Chickasaw offered the following amendment H-8714, to amendment H-8616, filed by him from the floor and moved its adoption: H-8714 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 13, line 15, by inserting after the word 5 "REPEAL" the following: "OF CHAPTER". 6 2. Page 13, by inserting after line 18 the 7 following: 8 "Sec. ___. Section 257.1, subsection 2, unnumbered 9 paragraph 3, Code 1997, is amended to read as follows: 10 For the budgetyearyears commencing July 1,1995~ 11 1998, and July 1, 1999, the department of management 12 shall add the amount of the additional budget 13 adjustment computed in section 257.14, subsection 2, 14 to the combined foundation base." 15 3. Page 14, by striking line 42 and inserting the 16 following: 17 "2. For the budgetyearyears beginning July 1, 1819951998, and July 1,". 19 4. By renumbering as necessary. Amendment H-8714 lost. Brunkhorst of Bremer moved the adoption of amendment H-8680B, to amendment 8616. Roll call was requested by Siegrist of Pottawattamie and Rants of Woodbury. On the question "Shall amendment H-8680B, to amendment H-8616, be adopted?" (S.F. 2366) The ayes were, 65: Arnold Barry Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Carroll Cormack Dinkla Dix Dolecheck Drake Drees Eddie Falck Frevert Garman Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Klemme Koenigs Kreiman Kremer Lamberti Larson Lord Martin Mertz Meyer Mundie Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Schrader Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Mr. Speaker Corbett The nays were, 32: Bell Bernau Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Connors Dotzler Fallon Foege Ford Holveck Jochum Kinzer Larkin Mascher May Metcalf Millage Moreland Murphy Myers Scherrman Shoultz Taylor Warnstadt Whitead Wise Witt Absent or not voting, 3: Doderer Grundberg Rants Amendment H-8680B was adopted, placing out of order amendment H-8708 filed by Weigel of Chickasaw from the floor. Weigel of Chickasaw offered amendment H-8659, to amendment H-8616, filed by Weigel, et al., as follows: H-8659 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 14, line 28, by inserting after the word 5 "section" the following: "and section 285.17. One- 6 half of the amount appropriated under this subsection 7 shall be used for purposes of this section and the 8 remaining half shall be used for purposes of providing 9 transportation assistance to public school districts 10 as provided in section 285.17". 11 2. Page 21, by inserting after line 4 the 12 following: 13 "Sec. ___. NEW SECTION. 285.17 TRANSPORTATION 14 ASSISTANCE AID TO DISTRICTS. 15 1. Subject to an appropriation of sufficient funds 16 by the general assembly, the department shall pay 17 transportation assistance aid to school districts 18 whose average transportation costs per pupil exceed 19 one hundred twenty-five percent of the state average 20 transportation costs per pupil determined under 21 subsection 2. 22 2. A district's average transportation costs per 23 pupil shall be determined by dividing the district's 24 actual cost for all children transported in all school 25 buses for a school year pursuant to section 285.8, by 26 the district's actual enrollment for the school year, 27 as defined in section 257.6. The state average 28 transportation costs per pupil shall be determined by 29 dividing the total actual costs for all children 30 transported in all districts for a school year, by the 31 total of all districts' actual enrollments for the 32 school year. 33 3. A school district shall annually certify its 34 actual cost for all children transported in all school 35 buses by July 15 after each school year on forms 36 prescribed by the department of education. 37 4. If a school district's average transportation 38 costs per pupil are greater than one hundred twenty- 39 five percent of the state average transportation costs 40 per pupil, the department of education shall pay 41 transportation assistance aid equal to the amount of 42 the difference multiplied by the district's actual 43 enrollment for the school year. However, if the funds 44 appropriated for purposes of this section are 45 insufficient to pay transportation assistance aid as 46 provided in this section, the payments to school 47 districts determined by the department of education to 48 be eligible for transportation assistance as provided 49 in this section shall be prorated such that each 50 school district eligible for assistance aid under this Page 2 1 section shall receive an amount of transportation 2 assistance aid equal to the percentage that the 3 transportation assistance aid to be provided to the 4 district bears to the total amount of transportation 5 assistance aid to be provided to all school districts 6 determined by the department of education to be 7 eligible for transportation assistance aid in 8 accordance with this section. 9 5. Transportation assistance aid received by a 10 school district pursuant to this section is 11 miscellaneous income for purposes of chapter 257." 12 3. Page 23, line 19, by striking the word and 13 figure "section 257.13" and inserting the following: 14 "sections 257.13 and 285.17,". 15 4. Page 23, line 21, by inserting after the word 16 and figure "subsection 2" the following: "and section 17 285.17, subsection 4". 18 5. By renumbering as necessary. Brunkhorst of Bremer rose on a point of order that amendment H-8659, to amendment H-8616, was not germane. The Speaker ruled the point well taken and amendment H-8659 not germane. The House stood at ease at 6:00 p.m., until the fall of the gavel. The House resumed session at 6:20 p.m., Speaker Corbett in the chair. Cohoon of Des Moines offered the following amendment H-8647, to amendment H-8616, filed by Cohoon, et al., and moved its adoption: H-8647 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 15, by inserting after line 1 the 5 following: 6 "Sec. ___. Section 257.20, subsection 2, 7 paragraphs a and b, Code 1997, are amended by striking 8 the paragraphs." 9 2. By renumbering as necessary. Roll call was requested by Cohoon of Des Moines and Gries of Crawford. On the question "Shall amendment H-8647, to amendment H-8616, be adopted?" (S.F. 2366) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 1: Myers Amendment H-8647 lost. Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2366 be deferred and that the bill be placed on the unfinished business calendar. (Amendment H-8616 pending.) INTRODUCTION OF BILLS House File 2540, by committee on ways and means, a bill for an act relating to the sales, services, and use tax exemption for the sale of tangible personal property which is purchased for lease or rental. Read first time and placed on the ways and means calendar. House File 2541, by committee on ways and means, a bill for an act relating to the use tax exemption for vehicles used substantially in interstate commerce. Read first time and placed on the ways and means calendar. House File 2542, by committee on ways and means, a bill for an act regulating bulk dry animal nutrient products, providing for fees and an appropriation, providing penalties, and providing for an effective date. Read first time and placed on the ways and means calendar. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 25, 1998, adopted the following resolution in which the concurrence of the Senate was asked: House Joint Resolution 2003, a joint resolution to approve the request by the state public defender to establish the Fort Dodge satellite public defender office as a separate local public defender office. Also: That the Senate has on March 25, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2443, a bill for an act relating to state workers' compensation coverage for students at a community college participating in school-to-work programs. Also: That the Senate has on March 25, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2465, a bill for an act relating to workers' compensation by changing the name of the division and personnel responsible, providing for the commencement of compensation during a healing period, and providing for reporting requirements. Also: That the Senate has on March 25, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2478, a bill for an act relating to confidentiality in the mediation process. MARY PAT GUNDERSON, Secretary EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on March 24, 1998. Had I been present, I would have voted "aye" on Senate Files 2090, 2235, 2301, 2320, 2324, 2335, 2338, 2341, 2350, 2367, and amendments H-8535 to Senate File 2295 and H-8606 to Senate File 2320, and "nay" on Senate File 2295 and amendments H-8498, H-8581 and H-8589 all to Senate File 2295. CORMACK of Webster I was necessarily absent from the House chamber on March 23, 1998. Had I been present, I would have voted "aye" on Senate Files 316, 2023, 2119, 2136, 2153, 2162, 2174, 2183, 2184, 2189, 2192, 2220, 2267, 2288, 2319, 2340 and 2373. FORD of Polk PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Eighteen 8th grade students from Ruthven-Ayrshire School, Ruthven, accompanied by Jon Josephson. By Frevert of Palo Alto. Thirty 6th grade students from Twin Cedars Elementary, Bussey, accompanied by Mark Law. By Schrader of Marion. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1998\340 Nathan Knause, Muscatine - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1998\341 Nicholas Edwardsen, Muscatine - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1998\342 Jenelia Copenhaver, Griswold - For being certified for the first time through the Iowa Certification Program for Public Librarians. 1998\343 Johanna Hader, Elkader - For celebrating her 90th birthday. 1998\344 George and Lorna Wesely, Lockridge - For celebrating their 50th wedding anniversary. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Senate File 2296, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, making related statutory changes, and providing an effective date provision. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8711 March 25, 1998. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House File 209), relating to the sales, services, and use tax exemption for the sale of tangible personal property which is purchased for lease or rental. Fiscal Note is not required. Recommended Amend and Do Pass March 25, 1998. Committee Bill (Formerly House File 2441), regulating bulk dry animal nutrient products, providing for fees and an appropriation, providing penalties, and providing for an effective date. Fiscal Note is not required. Recommended Do Pass March 25, 1998. Committee Bill (Formerly House Study Bill 700), relating to the use tax exemption for vehicles used substantially in interstate commerce. Fiscal Note is not required. Recommended Do Pass March 25, 1998. AMENDMENTS FILED H-8665 S.F. 2366 Brunkhorst of Bremer H-8666 H.F. 681 Senate Amendment H-8667 S.F. 2366 Richardson of Warren H-8668 S.F. 2366 Richardson of Warren H-8669 S.F. 2366 Richardson of Warren H-8670 S.F. 2366 Richardson of Warren H-8671 S.F. 2085 Welter of Jones May of Worth H-8672 H.F. 2498 Brunkhorst of Bremer Millage of Scott Mertz of Kossuth H-8673 S.F. 2366 Grundberg of Polk H-8674 S.F. 2366 Falck of Fayette Brand of Tama Bukta of Clinton Cohoon of Des Moines Foege of Linn Kinzer of Scott Mascher of Johnson Thomas of Clayton Warnstadt of Woodbury Wise of Lee H-8675 S.F. 2366 Warnstadt of Woodbury Brand of Tama Bukta of Clinton Cohoon of Des Moines Falck of Fayette Foege of Linn Kinzer of Scott Mascher of Johnson Thomas of Clayton Wise of Lee H-8676 H.F. 2533 Grundberg of Polk H-8678 S.F. 2366 Rants of Woodbury H-8679 S.F. 2254 Fallon of Polk H-8681 S.F. 2366 Mascher of Johnson Wise of Lee H-8682 S.F. 2366 Mascher of Johnson H-8683 S.F. 2257 Drake of Pottawattamie Welter of Jones Huser of Polk H-8684 S.F. 2313 Boddicker of Cedar Millage of Scott H-8685 S.F. 2366 Warnstadt of Woodbury Brand of Tama Bukta of Clinton Cohoon of Des Moines Falck of Fayette Foege of Linn Kinzer of Scott Mascher of Johnson Thomas of Clayton Wise of Lee H-8686 H.F. 2498 Murphy of Dubuque H-8687 S.F. 2366 Richardson of Warren H-8688 S.F. 2366 Connors of Polk H-8691 S.F. 2366 Grundberg of Polk Jacobs of Polk Metcalf of Polk H-8692 S.F. 2366 Falck of Fayette H-8693 S.F. 2366 Richardson of Warren H-8694 S.F. 2366 Schrader of Marion H-8695 S.F. 2366 Grundberg of Polk H-8696 S.F. 2366 Grundberg of Polk H-8698 H.F. 2533 Grundberg of Polk H-8699 H.F. 2498 Mundie of Webster Richardson of Warren H-8700 H.F. 2498 Whitead of Woodbury Warnstadt of Woodbury Dotzler of Black Hawk Falck of Fayette Cohoon of Des Moines Bell of Jasper Thomas of Clayton Murphy of Dubuque May of Worth Kinzer of Scott Larkin of Lee Moreland of Wapello Reynolds-Knight of Van Buren Bukta of Clinton Frevert of Palo Alto H-8701 H.F. 2533 Brunkhorst of Bremer Thomson of Linn H-8702 H.F. 2539 Taylor of Linn H-8703 H.F. 2539 Taylor of Linn H-8704 S.F. 2277 Fallon of Polk Vande Hoef of Osceola Van Maanen of Marion H-8705 S.F. 2292 Sukup of Franklin H-8706 S.F. 2400 Vande Hoef of Osceola H-8707 H.F. 2533 Gipp of Winneshiek H-8708 S.F. 2366 Weigel of Chickasaw H-8709 S.F. 2381 Kremer of Buchanan Thomas of Clayton H-8710 S.F. 2366 Grundberg of Polk H-8711 S.F. 2296 Committee on Appropriations H-8712 S.F. 2366 Grundberg of Polk H-8713 H.F. 2539 Huser of Polk Lamberti of Polk H-8715 H.F. 2539 Huser of Polk Lamberti of Polk H-8716 H.F. 2533 Mascher of Johnson H-8717 S.F. 2052 Warnstadt of Woodbury Klemme of Plymouth Metcalf of Polk Rants of Woodbury H-8718 S.F. 2397 Warnstadt of Woodbury H-8719 S.F. 2366 Scherrman of Dubuque H-8720 H.F. 2533 Rants of Woodbury H-8721 H.F. 2533 Rants of Woodbury H-8722 S.F. 2329 Warnstadt of Woodbury H-8723 S.F. 2406 Houser of Pottawattamie Grundberg of Polk Foege of Linn Mascher of Johnson Heaton of Henry Nelson of Marshall Boddicker of Cedar Hansen of Pottawattamie Ford of Polk H-8724 S.F. 2406 Ford of Polk H-8725 H.F. 2539 Moreland of Wapello H-8726 H.F. 2539 Taylor of Linn H-8727 H.F. 2533 Shoultz of Black Hawk H-8728 H.F. 2533 Grundberg of Polk H-8729 H.F. 2498 Jacobs of Polk Grundberg of Polk Churchill of Polk Connors of Polk Fallon of Polk Ford of Polk Holveck of Polk Lamberti of Polk Metcalf of Polk Huser of Polk Houser of Pottawattamie Drake of Pottawattamie Eddie of Buena Vista Huseman of Cherokee Mundie of Webster Mertz of Kossuth Dotzler of Black Hawk Bukta of Clinton Moreland of Wapello Taylor of Linn Reynolds-Knight of Van Buren Mascher of Johnson Sukup of Franklin Teig of Hamilton Falck of Fayette Frevert of Palo Alto Brand of Tama Wise of Lee Richardson of Warren Thomas of Clayton Shoultz of Black Hawk Cohoon of Des Moines Drees of Carroll Gries of Crawford Larkin of Lee May of Worth Warnstadt of Woodbury Scherrman of Dubuque Murphy of Dubuque Brauns of Muscatine On motion by Siegrist of Pottawattamie, the House adjourned at 6:42 p.m., until 8:45 a.m., Thursday, March 26, 1998.
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