Text: HF00664 Text: HF00666 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 257.32, subsection 1, Code 1999, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. f. Unusual need for additional moneys
1 4 resulting from the open enrollment of a designated school
1 5 district, or the affiliation of a school district with an area
1 6 education agency through open enrollment.
1 7 Sec. 2. Section 257.37, subsection 4, Code 1999, is
1 8 amended to read as follows:
1 9 4. "Enrollment served" means the basic enrollment plus the
1 10 number of nonpublic school pupils served with media services
1 11 or educational services, as applicable, except that if a
1 12 nonpublic school pupil or a pupil attending another district
1 13 under a whole-grade sharing agreement or open enrollment
1 14 receives services through an area other than the area of the
1 15 pupil's residence, the pupil shall be deemed to be served by
1 16 the area of the pupil's residence, which shall by contractual
1 17 arrangement reimburse the area through which the pupil
1 18 actually receives services. Each school district shall
1 19 include in the third Friday in September enrollment report the
1 20 number of nonpublic school pupils within each school district
1 21 for media and educational services served by the area. A
1 22 school district affiliating with an area education agency
1 23 pursuant to section 273.14 shall be included within the basic
1 24 enrollment count as provided in this subsection.
1 25 Sec. 3. Section 273.2, unnumbered paragraph 1, Code 1999,
1 26 is amended to read as follows:
1 27 There are established throughout the state fifteen area
1 28 education agencies, each of which is governed by an area
1 29 education agency board of directors. The boundaries of an
1 30 area education agency shall not divide a school district. The
1 31 director of the department of education shall change
1 32 boundaries of area education agencies to take into account
1 33 mergers of local school districts and changes in boundaries of
1 34 local school districts, when necessary to maintain the policy
1 35 of this chapter that a local school district, which is not a
2 1 school district affiliating through open enrollment pursuant
2 2 to section 273.14 with an area education agency other than its
2 3 assigned area education agency, shall not be a part of more
2 4 than one area education agency.
2 5 Sec. 4. Section 273.2, unnumbered paragraphs 3 and 4, Code
2 6 1999, are amended to read as follows:
2 7 The area education agency board shall furnish educational
2 8 services and programs as provided in sections 273.1 to 273.9
2 9 and chapter 256B to the pupils enrolled in public or nonpublic
2 10 schools located within its boundaries, or affiliated with the
2 11 area education agency through open enrollment pursuant to
2 12 section 257.14, which are on the list of accredited schools
2 13 pursuant to section 256.11. The programs and services
2 14 provided shall be at least commensurate with programs and
2 15 services existing on July 1, 1974. The programs and services
2 16 provided to pupils enrolled in nonpublic schools shall be
2 17 comparable to programs and services provided to pupils
2 18 enrolled in public schools within constitutional guidelines.
2 19 The area education agency board shall provide for special
2 20 education services and media services for the local school
2 21 districts in the area, or affiliated with the area education
2 22 agency through open enrollment pursuant to section 273.14, and
2 23 shall encourage and assist school districts in the area to
2 24 establish programs for gifted and talented children.
2 25 Sec. 5. Section 273.8, subsection 2, unnumbered paragraph
2 26 1, Code 1999, is amended to read as follows:
2 27 The board of directors of the area education agency shall
2 28 be elected at director district conventions attended by
2 29 members of the boards of directors of the local school
2 30 districts located within the director district, or assigned to
2 31 the director district through open enrollment pursuant to
2 32 section 273.14. The member of the area education agency board
2 33 to be elected at the director district convention may be a
2 34 member of a local school district board of directors and shall
2 35 be an elector and a resident of the director district, other
3 1 than school district employees.
3 2 Sec. 6. Section 273.8, subsection 2, unnumbered paragraph
3 3 3, Code 1999, is amended to read as follows:
3 4 The board of each separate school district which is located
3 5 entirely or partially inside an area education agency director
3 6 district, or which has affiliated through open enrollment
3 7 pursuant to section 257.14 with an area education agency other
3 8 than its assigned area education agency and is assigned to the
3 9 director district, shall cast a vote for director of the area
3 10 education agency board based upon the ratio that the
3 11 population of the school district, or portion of the school
3 12 district, in the director district bears to the total
3 13 population in the director district. The population of each
3 14 school district or portion shall be determined by the
3 15 department of education. The board of a school district which
3 16 has affiliated through open enrollment pursuant to section
3 17 257.14 with an area education agency other than its assigned
3 18 area education agency shall not be permitted to cast a vote
3 19 for director of its assigned area education agency for a year
3 20 during which the school district has affiliated with another
3 21 area education agency.
3 22 Sec. 7. Section 273.8, subsection 2, unnumbered paragraph
3 23 5, Code 1999, is amended to read as follows:
3 24 A candidate for election to the area education agency board
3 25 shall file a statement of candidacy with the area education
3 26 agency secretary at least ten days prior to the date of the
3 27 director district convention, on forms prescribed by the
3 28 department of education. The statement of candidacy shall
3 29 include the candidate's name, address and school district.
3 30 The list of candidates shall be sent by the secretary of the
3 31 area education agency by ordinary mail to the presidents of
3 32 the boards of directors of all school districts within, or
3 33 affiliated with, the director district immediately following
3 34 the last day for filing the statement of candidacy. However,
3 35 if no candidate files with the area education agency secretary
4 1 by the deadline, an eligible elector who is present at the
4 2 director district convention may be nominated at the
4 3 convention by a delegate from a board of directors of a school
4 4 district located within the director district. Delegates to
4 5 director district conventions shall not be bound by a school
4 6 board or any school board member to pledge their votes to any
4 7 candidate prior to the date of the convention.
4 8 Sec. 8. Section 273.9, Code 1999, is amended by adding the
4 9 following new subsection:
4 10 NEW SUBSECTION. 5. Funding for a school district which is
4 11 affiliating with an area education agency pursuant to the open
4 12 enrollment provisions of section 275.14 shall be determined as
4 13 if the area education agency subject to the affiliation is the
4 14 area education agency to which the school district was
4 15 originally assigned. Program plans required to be submitted
4 16 by area education agency administrators pursuant to
4 17 subsections 3 and 4 shall be submitted by the administrator of
4 18 an affiliated area education agency, provided that the board
4 19 of directors of the area education agency, and the department
4 20 of education, has approved the open enrollment pursuant to
4 21 section 273.14, subsection 1, paragraph "a".
4 22 Sec. 9. NEW SECTION. 273.14 AREA EDUCATION AGENCY OPEN
4 23 ENROLLMENT.
4 24 1. If the board of directors of a school district adopts a
4 25 resolution in favor of affiliating with an area education
4 26 agency other than the area education agency to which it is
4 27 assigned pursuant to section 273.2, the school district shall
4 28 be authorized to affiliate with the other area education
4 29 agency provided all of the following conditions are met:
4 30 a. The school district seeking to affiliate submits a
4 31 request to the director of the department of education and the
4 32 board of directors of the area education agency with which
4 33 affiliation is sought on forms developed by the department by
4 34 rule.
4 35 b. A request shall not be considered by the department
5 1 unless it has been approved by the board of directors of the
5 2 area education agency with which affiliation is sought. In
5 3 considering whether to grant a request, the department shall
5 4 take into account the impact on the area education agency to
5 5 which the school district has been assigned of the proposed
5 6 open enrollment, and the capacity of the area education agency
5 7 with which affiliation is sought to provide services to an
5 8 additional school district. A request shall not be granted if
5 9 the department determines that the affiliation would
5 10 negatively impact the funding or delivery of services in
5 11 either the assigned area education agency or the area
5 12 education agency with which the school district requests to
5 13 affiliate.
5 14 c. A request, if granted, shall be permitted for a one-
5 15 year period. Within sixty days prior to the conclusion of a
5 16 year during which a school district is affiliated with an area
5 17 education agency other than its assigned area education agency
5 18 through open enrollment, a school district desiring to
5 19 reaffiliate with an area education agency for an additional
5 20 year shall submit a new request to the department and the area
5 21 education agency with which affiliation is sought.
5 22 d. A school district which is affiliating with an area
5 23 education agency pursuant to this section shall be considered
5 24 in all respects a component school district with access to
5 25 area education agency services and facilities equal to that of
5 26 the school districts which are physically located within the
5 27 area served by the area education agency.
5 28 e. A school district shall not be permitted to affiliate
5 29 with more than one area education agency over the course of a
5 30 school year.
5 31 EXPLANATION
5 32 This bill provides for area education agency open
5 33 enrollment by a school district. The bill provides that if
5 34 the board of directors of a school district adopts a
5 35 resolution in favor of affiliating with an area education
6 1 agency other than the area education agency to which it is
6 2 assigned pursuant to section 273.2, the school district may be
6 3 authorized to affiliate with the other area education agency.
6 4 In order to become affiliated with another area education
6 5 agency, a school district must submit a request to the
6 6 director of the department of education, and the board of
6 7 directors of the area education agency with which affiliation
6 8 is sought, on forms to be developed by the department by rule.
6 9 The request will not be considered by the department unless it
6 10 has been approved by the board of directors of the area
6 11 education agency with which affiliation is sought. In
6 12 considering whether to grant a request, the department will
6 13 take into account the impact on the area education agency to
6 14 which the school district has been assigned of the proposed
6 15 open enrollment, and the capacity of the area education agency
6 16 with which affiliation is sought to provide services to an
6 17 additional school district. A request will not be granted if,
6 18 in the determination of the department, the affiliation would
6 19 negatively impact the funding or delivery of services in
6 20 either the assigned or the affiliated area education agency.
6 21 If granted, a request will apply for a one-year period. The
6 22 bill provides that a school district which is affiliating with
6 23 an area education agency pursuant to this section will be
6 24 considered in all respects a component school district with
6 25 access to area education agency services and facilities equal
6 26 to that of the school districts which are physically located
6 27 in the area served by the area education agency.
6 28 The bill provides that funding for a school district which
6 29 is affiliating with an area education agency pursuant to open
6 30 enrollment will be determined as if the area education agency
6 31 subject to the affiliation is the area education agency to
6 32 which the school district was originally assigned. The bill
6 33 provides a number of conforming changes, including several
6 34 relating to participation by an affiliating school district in
6 35 the election of an area education agency board of directors.
7 1 LSB 2790HH 78
7 2 rn/gg/8
Text: HF00664 Text: HF00666 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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