Text: HF02377 Text: HF02379 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 273.2, unnumbered paragraph 2, Code 1 2 1999, is amended to read as follows: 1 3 An area education agency established under this chapter is 1 4 a body politic as a school corporation for the purpose of 1 5 exercising powers granted under this chapter, and may sue and 1 6 be sued. An area education agency may hold property and 1 7 execute lease-purchase agreements pursuant to section 273.3, 1 8 subsection 7, and if theleaselease-purchase exceeds ten 1 9 years, or the purchase price of the property or facility to be 1 10 acquired, built, or remodeled pursuant to a lease-purchase 1 11 agreement or other contract agreement exceeds twenty-five 1 12 thousand dollars, the area education agency shall conduct a 1 13 public hearing on the proposedlease-purchaseagreement and 1 14 receive approval from the area education agency board of 1 15 directors and the director of the department of education 1 16 before entering into the agreement. 1 17 Sec. 2. Section 273.3, subsection 7, Code 1999, is amended 1 18 to read as follows: 1 19 7.Be authorized to lease, subjectSubject to the approval 1 20 of the director of the department of educationand to, be 1 21 authorized to lease, lease-purchase, receive by gift, and 1 22 build, purchase, remodel, operate, and maintain facilities and 1 23 buildings necessary to provide authorized programs and 1 24 services. However, a lease or lease-purchase for less than 1 25 ten years and with an annual cost of less than twenty-five 1 26 thousand dollars does not require the approval of the 1 27 director. If a lease or lease-purchase requires approval, the 1 28 director shall not approve the lease or lease-purchase until 1 29 the director is satisfied by investigation that public school 1 30 corporations within the area do not have suitable facilities 1 31 available. 1 32 Sec. 3. Section 279.7A, Code 1999, is amended to read as 1 33 follows: 1 34 279.7A INTEREST IN PUBLIC CONTRACTS PROHIBITED – 1 35 EXCEPTION. 2 1 A member of the board of directors of a school corporation 2 2 shall not have an interest, direct or indirect, in a contract 2 3 for the purchase of goods, including materials and profits, 2 4 and the performance of services for the director's school 2 5 corporation. A contract entered into in violation of this 2 6 section is void. This section does not apply to contracts for 2 7 the purchase of goods or services, which benefit a director, 2 8 if the benefit to the director does not exceedonetwo 2 9 thousand five hundred dollars in a fiscal year, and contracts 2 10 made by a school board, upon competitive bid in writing, 2 11 publicly invited and opened. 2 12 Sec. 4. Section 279.10, subsection 1, Code 1999, is 2 13 amended to read as follows: 2 14 1. The school year shall begin annually onthe first day2 15ofJuly 1 andeach regularly established elementary and2 16secondary school shall begin no sooner than a day during the2 17calendar week in which the first day of September falls but no2 18later than the first Monday in Decemberend the following June 2 19 30.However, if the first day of September falls on a Sunday,2 20school may begin on a day during the calendar week which2 21immediately precedes the first day of September. SchoolThe 2 22 regular school calendar may commence on or after July 1, but 2 23 once commenced shall continue for at least one hundred eighty 2 24 days, except as provided in subsection 3, and may be2 25maintained during the entire calendar year. However, if the 2 26 board of directors of a district extends the school calendar 2 27 because inclement weather caused the district to temporarily 2 28 close school during the regular school calendar, the district 2 29 may excuse a graduating senior who has met district or school 2 30 requirements for graduation from attendance during the 2 31 extended school calendar. A school corporation may begin 2 32 employment of personnel for in-service training and 2 33 development purposes before the date to begin elementary and 2 34 secondary school. 2 35 Sec. 5. Section 279.10, subsection 4, Code 1999, is 3 1 amended by striking the subsection. 3 2 Sec. 6. Section 279.48, subsection 1, unnumbered paragraph 3 3 1, Code 1999, is amended to read as follows: 3 4 The board of directors of a school corporation may purchase 3 5 equipment,andmay negotiate and enter into a loan agreement, 3 6 and may issue a note to pay for the equipment subject to the 3 7 following terms and procedures: 3 8 Sec. 7. Section 279.48, subsection 1, paragraph d, Code 3 9 1999, is amended to read as follows: 3 10 d. Principal and interest on the note must be payable from 3 11 budgeted receipts in the general fund of the school 3 12 corporation and transferred to the debt service fund for each 3 13 year of a period of up to five years. 3 14 Sec. 8. Section 279.48, subsection 3, Code 1999, is 3 15 amended to read as follows: 3 16 3. Before entering into a lease-purchase agreement or a 3 17 loan agreement for an equipment purchase, the school 3 18 corporation must publish a notice, including a statement of 3 19 the amount and purpose of the agreement, at least once in a 3 20 newspaper of general circulation within the school corporation 3 21 at least ten days before the meeting at which the loan 3 22 agreement is to be approved. 3 23 Sec. 9. Section 282.30, subsection 1, paragraph b, 3 24 unnumbered paragraph 2, Code 1999, is amended to read as 3 25 follows: 3 26 c. An area education agency shall not provide educational 3 27 services to a facility specified in paragraph "a" unless the 3 28 facility makes a request for educational services to the area 3 29 education agency by either of the following dates: 3 30 (1) December 1 of the school year prior to the beginning 3 31 of the school year for which the services are being requested. 3 32 (2) Ninety days prior to the beginning of the time for 3 33 which the services are being requested if the facility is a 3 34 newly established facility. 3 35 Sec. 10. Section 297.7, subsection 1, Code 1999, is 4 1 amended to read as follows: 4 2 1. Sections 73A.2 and 73A.18 are applicable to the 4 3 construction and repair of school buildings. Before 4 4 construction of a school building for which the cost of 4 5 construction exceeds twenty-five thousand dollars, the board 4 6 of directors of a school districtshallmay send a copy of the 4 7 plans to the building consultant in the department of 4 8 education for review. The board of directors may also submit 4 9 for review a copy of the plans for repair or renovation of a 4 10 school building.The building consultant shall return the 1704 11plans together with any recommendations to the board of 1804 12directors within thirty days following the receipt of the 1904 13plans.4 14 Sec. 11. Section 299.4, Code 1999, is amended to read as 4 15 follows: 4 16 299.4 REPORTS AS TO PRIVATE INSTRUCTION. 4 17 The parent, guardian, or legal custodian of a child who is 4 18 of compulsory attendance age, who places the child under 4 19 competent private instruction under either section 299A.2 or 4 20 299A.3, not in an accredited school or a home school 4 21 assistance program operated by a public or accredited 4 22 nonpublic school, shall furnish a report in duplicate on forms 4 23 provided by the public school district, to the district bythe4 24earliest starting date specified in section 279.10, subsection4 251August 15 of the school year in which the child is placed 4 26 under private instruction. The secretary shall retain and 4 27 file one copy and forward the other copy to the district's 4 28 area education agency. The report shall state the name and 4 29 age of the child, the period of time during which the child 4 30 has been or will be under competent private instruction for 4 31 the year, an outline of the course of study, texts used, and 4 32 the name and address of the instructor. The parent, guardian, 4 33 or legal custodian of a child, who is placing the child under 4 34 competent private instruction, for the first time, shall also 4 35 provide the district with evidence that the child has had the 5 1 immunizations required under section 139.9. The term "outline 5 2 of course of study" shall include subjects covered, lesson 5 3 plans, and time spent on the areas of study. 5 4 Sec. 12. Section 257.17, Code 1999, is repealed. 5 5 Sec. 13. EFFECTIVE DATE – FACILITIES FOR 1999-2000 SCHOOL 5 6 YEAR. Section 9 of this Act, amending section 282.30 and 5 7 relating to educational services provided to a facility by an 5 8 area education agency, being deemed of immediate importance, 5 9 takes effect upon enactment. A facility described in section 5 10 282.30, subsection 1, paragraph "a", that was initially 5 11 established and approved or licensed after December 1, 1998, 5 12 and that made a written request to the area education agency 5 13 for educational services at least ninety days prior to the 5 14 placement of children at the facility, shall be reimbursed by 5 15 the department of revenue and finance for the facility's costs 5 16 of providing the appropriate educational services to children 5 17 placed at the facility for the 1999-2000 school year. The 5 18 reimbursable costs shall be approved pursuant to section 5 19 282.31 and applicable administrative rules. Any amount paid 5 20 by the department of revenue and finance shall be deducted 5 21 monthly from the state foundation aid paid under section 5 22 257.16 to all school districts in the state during the 5 23 subsequent fiscal year. 5 24 EXPLANATION 5 25 This bill makes a number of changes regarding requirements 5 26 and authorizations for schools and area education agencies. 5 27 The bill allows a school district to make lease-purchase 5 28 option agreement payments from its general fund, permits a 5 29 school board member to have an interest in a contract with the 5 30 school district in which the board member serves if the 5 31 interest does not exceed $2,500, abolishes the school start 5 32 date requirement, and eliminates a requirement directing a 5 33 school district to submit its construction plans to the 5 34 department of education for review and recommendation. In 5 35 addition, the bill provides more authority to area education 6 1 agencies over facilities and buildings and authorizes an area 6 2 education agency to provide educational services to a newly 6 3 established shelter care home or juvenile detention home 6 4 facility upon the timely filing of a request. 6 5 Currently, a school corporation may purchase or enter into 6 6 a loan agreement for equipment. The bill adds another payment 6 7 source option by permitting a school corporation to also 6 8 lease-purchase equipment and to make payments from its general 6 9 fund to its debt service fund. 6 10 The bill also specifies that the annual school year begins 6 11 on July 1 and ends the following June 30. Once commenced, the 6 12 bill requires that the school calendar continue for at least 6 13 180 days. Currently, schools must begin their school calendar 6 14 no sooner than a day during the calendar week in which the 6 15 first day of September falls, and no later than the first 6 16 Monday in December. The bill strikes a subsection that 6 17 permits a school to apply to the department of education for a 6 18 waiver from the school start date, and repeals a Code section 6 19 that penalizes schools by reducing their state aid payments if 6 20 they begin their calendars early. In accordance with the 6 21 change in the school start date, the bill establishes a 6 22 deadline of August 15 for the filing of a report that a parent 6 23 who places a child under competent private instruction must 6 24 furnish to the school district of residence. Currently, the 6 25 report must be furnished by the earliest starting date 6 26 specified in the Code, which under the bill is July 1. 6 27 The bill eliminates a requirement directing a school 6 28 district to submit a copy of its construction plans for 6 29 buildings whose costs for construction exceed $25,000 to the 6 30 building consultant in the department of education for review, 6 31 and eliminates a requirement that the building consultant 6 32 respond with recommendations within 30 days. However, the 6 33 bill permits a school district at its pleasure to submit a 6 34 copy of its plans to the building consultant. 6 35 The bill permits an area education agency to lease, lease- 7 1 purchase, build, purchase, remodel, operate, and maintain 7 2 facilities and buildings under a lease-purchase or other 7 3 contract agreement. The provision is retroactively applicable 7 4 to a facility approved or licensed after December 1, 1998. 7 5 Currently, an area education agency can execute a lease- 7 6 purchase agreement only for facilities and buildings. 7 7 Finally, the bill authorizes an area education agency to 7 8 provide educational services to a newly established approved 7 9 or licensed shelter care home or a newly established approved 7 10 juvenile detention home if the facility makes a request for 7 11 the services 90 days prior to the beginning of the time for 7 12 which the services are requested. The provision is applicable 7 13 to a facility approved or licensed after December 1, 1998. 7 14 Currently, an area education agency can only provide 7 15 educational services to an approved or licensed shelter care 7 16 home or an approved juvenile detention home if the facility 7 17 makes a request for educational services by December 1 of the 7 18 school year prior to the beginning of the school year for 7 19 which the services are being requested. 7 20 LSB 5595HV 78 7 21 kh/cls/14.1
Text: HF02377 Text: HF02379 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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