Text: H08680 Text: H08682 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2515, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, by inserting before line 1, the 1 4 following: 1 5 "Section 1. Section 256.3, Code 2001, is amended 1 6 to read as follows: 1 7 256.3 STATE BOARD ESTABLISHED. 1 8 The state board of education is established for the 1 9 department. The state board consists ofnineten 1 10 members, nine voting members and one nonvoting student 1 11 member. The voting members shall be appointed by the 1 12 governor subject to senate confirmation. The 1 13 nonvoting student members shall be appointed as 1 14 provided in section 256.5A. The voting members shall 1 15 be registered voters of the state and hold no other 1 16 elective or appointive state office. A voting member 1 17 shall not be engaged in professional education for a 1 18 major portion of the member's time nor shall the 1 19 member derive a major portion of income from any 1 20 business or activity connected with education. Not 1 21 more than five voting members shall be of the same 1 22 political party. 1 23 The terms of office for voting members are for six 1 24 years beginning and ending as provided in section 1 25 69.19. 1 26 Three of thestate boardvoting members shall have 1 27 substantial knowledge related to the community college 1 28 system. The remaining six voting members shall be 1 29 members of the general public. 1 30 Sec. 2. Section 256.4, Code 2001, is amended to 1 31 read as follows: 1 32 256.4 OATH – VACANCIES. 1 33 The members of the state board shall qualify by 1 34 taking the regular oath of office as prescribed by law 1 35 for state officers. Vacancies in the voting 1 36 membership shall be filled in the same manner in which 1 37 regular appointments are required to be made. 1 38 Sec. 3. NEW SECTION. 256.5A NONVOTING MEMBER. 1 39 The governor shall appoint one nonvoting student 1 40 member of the state board for a term of one year 1 41 beginning and ending as provided in section 69.19. 1 42 The nonvoting student member shall be appointed from a 1 43 list of names submitted by the state board of 1 44 education. Students enrolled in either grade ten or 1 45 eleven in a public school may apply to the state board 1 46 to serve as a nonvoting student member. The 1 47 department shall develop an application process that 1 48 requires the consent of the student's parent or 1 49 guardian if the student is a minor, initial 1 50 application approval by the school district in which 2 1 the student applicant is enrolled, and submission of 2 2 approved applications by a school district to the 2 3 department. The nonvoting student member's school 2 4 district of enrollment shall notify the student's 2 5 parents if the student's grade point average falls 2 6 during the period in which the student is a member of 2 7 the state board. The state board shall adopt rules 2 8 under chapter 17A specifying criteria for the 2 9 selection of applicants whose names shall be submitted 2 10 to the governor. Criteria shall include, but is not 2 11 limited to, academic excellence, participation in 2 12 extracurricular and community activities, and interest 2 13 in serving on the board. Rules adopted by the state 2 14 board shall also require, if the student is a minor, 2 15 supervision of the student by the student's parent or 2 16 guardian while the student is engaged in authorized 2 17 state board business at a location other than the 2 18 community in which the student resides, unless the 2 19 student's parent or guardian submits to the state 2 20 board a signed release indicating the parent or 2 21 guardian has determined that supervision of the 2 22 student by the parent or guardian is unnecessary. The 2 23 nonvoting student member shall be appointed without 2 24 regard to political affiliation. The nonvoting 2 25 student member shall have been enrolled in a public 2 26 school in Iowa for at least one year prior to the 2 27 member's appointment. A nonvoting student member who 2 28 will not graduate from high school prior to the end of 2 29 a second term may apply to the state board for 2 30 submission of candidacy to the governor for a second 2 31 one-year term. A nonvoting student member shall be 2 32 paid a per diem as provided in section 7E.6 and the 2 33 student and the student's parent or guardian shall be 2 34 reimbursed for actual and necessary expenses incurred 2 35 in the performance of the student's duties as a 2 36 nonvoting member of the state board. A vacancy in the 2 37 membership of the nonvoting student member shall not 2 38 be filled until the expiration of the term." 2 39 #2. Page 2, by striking lines 20 through 32. 2 40 #3. Page 3, by inserting after line 20 the 2 41 following: 2 42 "Sec. 201. Section 257.14, subsection 2, Code 2 43 Supplement 2001, is amended to read as follows: 2 44 2. For the budget years commencing July 1, 2002, 2 45 and July 1, 2003, if the department of management 2 46 determines that the regular program district cost of a 2 47 school district for a budget year is less than the 2 48 total of the regular program district cost plus any 2 49 adjustment added under this section for the base year 2 50 for that school district, the school district shall be 3 1 eligible to receive a budget adjustment for that 3 2 district for that budget year up to an amount equal to 3 3 the difference. The board of directors of a school 3 4 district that wishes to receive a budget adjustment 3 5 pursuant to this subsection shall adopt a resolution 3 6 to receive the budget adjustmentand shall,by April 3 71,15, annually, and shall notify the department of 3 8 management of the adoption of the resolution and the 3 9 amount of the budget adjustment to be received. 3 10 Sec. 202. Section 257.14, subsection 3, unnumbered 3 11 paragraph 3, Code Supplement 2001, is amended to read 3 12 as follows: 3 13 The board of directors of a school district that 3 14 wishes to receive a budget adjustment pursuant to this 3 15 subsection shall adopt a resolution to receive the 3 16 budget adjustmentand shall,by April1,15, annually, 3 17 and shall notify the department of management of the 3 18 adoption of the resolution and the amount of the 3 19 budget adjustment to be received." 3 20 #4. Page 3, by inserting after line 20 the 3 21 following: 3 22 "Sec. . Section 257.16, Code 2001, is amended 3 23 to read as follows: 3 24 1. There is appropriated each year from the 3 25 general fund of the state an amount necessary to pay 3 26 the foundation aid and supplementary aid under section 3 27 257.4, subsection 2. 3 28 2. All state aids paid under this chapter, unless 3 29 otherwise stated, shall be paid in monthly 3 30 installments beginning on September 15 of a budget 3 31 year and ending on or about June 15 of the budget year 3 32 as determined by the department of management, taking 3 33 into consideration the relative budget and cash 3 34 position of the state resources. 3 35 3. All moneys received by a school district from 3 36 the state under this chapter shall be deposited in the 3 37 general fund of the school district, and may be used 3 38 for any school general fund purpose. 3 39 4. Notwithstanding any provision to the contrary, 3 40 if the governor orders budget reductions in accordance 3 41 with section 8.31, reductions in the appropriations 3 42 provided in accordance with this section shall be 3 43 distributed on a per pupil basis calculated with the 3 44 weighted enrollment determined in accordance with 3 45 section 257.6, subsection 5." 3 46 #5. Page 3, by inserting after line 20 the 3 47 following: 3 48 "Sec. . NEW SECTION. 257.50 FEDERAL 3 49 ASSISTANCE – SCHOOL DISTRICT RESPONSIBILITIES. 3 50 The director of the department of education, in 4 1 accepting and administering federal funds in 4 2 accordance with section 256.9, subsection 7, shall 4 3 upon receiving federal grant moneys under the federal 4 4 21st Century Community Learning Center Grant, Title 4 5 IV, Part B of the federal No Child Left Behind Act of 4 6 2001, Pub. L. No. 107-110, designate that a school 4 7 district be the fiscal agent for an eligible local 4 8 grant. Whenever possible, the grant applicant school 4 9 district shall collaborate with a community-based 4 10 organization, a public or private entity, or a 4 11 consortium of two or more of such organizations or 4 12 entities in establishing a community learning center. 4 13 The department shall give priority to applications for 4 14 programs serving students determined through research- 4 15 based methods to be in the greatest need of eligible 4 16 services. Notwithstanding the provisions of this 4 17 section, if federal rules or regulations relating to 4 18 the 21st Century Community Learning Center Grant are 4 19 adopted that are inconsistent with the provisions of 4 20 this section, the department of education shall comply 4 21 with the requirements of the federal rules or 4 22 regulations." 4 23 #6. Page 5, by inserting after line 13, the 4 24 following: 4 25 "Sec. 301. Section 275.23A, subsection 2, Code 4 26 2001, is amended to read as follows: 4 27 2. Following each federal decennial census the 4 28 school board shall determine whether the existing 4 29 director district boundaries meet the standards in 4 30 subsection 1 according to the most recent federal 4 31 decennial census. If necessary, the board of 4 32 directors shall redraw the director district 4 33 boundaries. The director district boundaries shall be 4 34 described in a resolution adopted by the school board. 4 35 The resolution shall be adopted no earlier than 4 36 November 15 of the year immediately following the year 4 37 in which the federal decennial census is taken nor 4 38 later thanApril 30May 15 of the second year 4 39 immediately following the year in which the federal 4 40 decennial census is taken. A copy of the plan shall 4 41 be filed with the area education agency administrator 4 42 of the area education agency in which the school's 4 43 electors reside." 4 44 #7. Page 14, by inserting after line 7 the 4 45 following: 4 46 "Sec. . Section 301.1, Code 2001, is amended to 4 47 read as follows: 4 48 301.1 ADOPTION – PURCHASE AND SALE – ACCREDITED 4 49 NONPUBLIC SCHOOL PUPIL TEXTBOOK SERVICES. 4 50 1. The board of directors of each and every school 5 1 district is hereby authorized and empowered to adopt 5 2 textbooks for the teaching of all branches that are 5 3 now or may hereafter be authorized to be taught in the 5 4 public schools of the state, and to contract for and 5 5 buy said books and any and all other necessary school 5 6 supplies at said contract prices, and to sell the same 5 7 to the pupils of their respective districts at cost, 5 8 loan such textbooks to such pupils free, or rent them 5 9 to such pupils at such reasonable fee as the board 5 10 shall fix, and said money so received shall be 5 11 returned to the general fund. 5 12 2. Textbooks adopted and purchased by a school 5 13 districtmay, andshall, to the extent funds are 5 14 appropriated by the general assembly, be made 5 15 available to pupils attending accredited nonpublic 5 16 schools upon request of the pupil or the pupil's 5 17 parent under comparable terms as made available to 5 18 pupils attending public schools. If the general 5 19 assembly appropriates moneys for purposes of making 5 20 textbooks available to accredited nonpublic school 5 21 pupils, the department of education shall ascertain 5 22 the amount available to a school district for the 5 23 purchase of nonsectarian, nonreligious textbooks for 5 24 pupils attending accredited nonpublic schools. The 5 25 amount shall be in the proportion that the basic 5 26 enrollment of a participating accredited nonpublic 5 27 school bears to the sum of the basic enrollments of 5 28 all participating accredited nonpublic schools in the 5 29 state for the budget year. For purposes of this 5 30 section, a "participating accredited nonpublic school" 5 31 means an accredited nonpublic school that submits a 5 32 written request on behalf of the school's pupils in 5 33 accordance with this subsection, and that certifies 5 34 its actual enrollment to the department of education 5 35 by October 1, annually. By October 15, annually, the 5 36 department of education shall certify to the director 5 37 of revenue and finance the annual amount to be paid to 5 38 each school district, and the director of revenue and 5 39 finance shall draw warrants payable to school 5 40 districts in accordance with this subsection. For 5 41 purposes of this subsection, an accredited nonpublic 5 42 school's enrollment count shall include only students 5 43 who are residents of Iowa. The costs of providing 5 44 textbooks to accredited nonpublic school pupils as 5 45 provided in this subsection shall not be included in 5 46 the computation of district cost under chapter 257, 5 47 but shall be shown in the budget as an expense from 5 48 miscellaneous income. Textbook expenditures made in 5 49 accordance with this subsection shall be kept on file 5 50 in the school district. 6 1 3. As used inthis paragraphsubsection 2, 6 2 "textbooks" means books and loose-leaf or bound 6 3 manuals, systems of reusable instructional materials 6 4 or combinations of books and supplementary 6 5 instructional materials which convey information to 6 6 the student or otherwise contribute to the learning 6 7 process, or electronic textbooks, including but not 6 8 limited to computer software, applications using 6 9 computer-assisted instruction, interactive videodisc, 6 10 and other computer courseware and magnetic media." 6 11 #8. Page 18, by inserting after line 18 the 6 12 following: 6 13 "Sec. . Section 403.19, subsections 2 and 7, 6 14 Code Supplement 2001, are amended to read as follows: 6 15 2. That portion of the taxes each year in excess 6 16 of such amount shall be allocated to and when 6 17 collected be paid into a special fund of the 6 18 municipality to pay the principal of and interest on 6 19 loans, moneys advanced to, or indebtedness, whether 6 20 funded, refunded, assumed, or otherwise, including 6 21 bonds issued under the authority of section 403.9, 6 22 subsection 1, incurred by the municipality to finance 6 23 or refinance, in whole or in part, an urban renewal 6 24 project within the area, and to provide assistance for 6 25 low and moderate income family housing as provided in 6 26 section 403.22, except that taxes for the regular and 6 27 voter-approved physical plant and equipment levy of a 6 28 school district imposed pursuant to section 298.2, 6 29 taxes for the instructional support levy of a school 6 30 district imposed pursuant to section 257.21, and taxes 6 31 for the payment of bonds and interest of each taxing 6 32 district must be collected against all taxable 6 33 property within the taxing district without limitation 6 34 by the provisions of this subsection. However, all or 6 35 a portion of the taxes for the physical plant and 6 36 equipment levy and for the instructional support levy 6 37 shall be paid by the school district to the 6 38 municipalityif the auditor certifies to the school6 39district by July 1 the amount of such levy that is6 40necessary to pay the principal and interest on bonds6 41issued by the municipality to finance an urban renewal6 42project, which bonds were issued before July 1, 2001.6 43Indebtedness incurred to refund bonds issued prior to6 44July 1, 2001, shall not be included in the6 45certification. Such school district shall pay over6 46the amount certified by November 1 and May 1 of the6 47fiscal year following certification to the school6 48districtas provided in subsection 7. Unless and 6 49 until the total assessed valuation of the taxable 6 50 property in an urban renewal area exceeds the total 7 1 assessed value of the taxable property in such area as 7 2 shown by the last equalized assessment roll referred 7 3 to in subsection 1, all of the taxes levied and 7 4 collected upon the taxable property in the urban 7 5 renewal area shall be paid into the funds for the 7 6 respective taxing districts as taxes by or for the 7 7 taxing districts in the same manner as all other 7 8 property taxes. When such loans, advances, 7 9 indebtedness, and bonds, if any, and interest thereon, 7 10 have been paid, all moneys thereafter received from 7 11 taxes upon the taxable property in such urban renewal 7 12 area shall be paid into the funds for the respective 7 13 taxing districts in the same manner as taxes on all 7 14 other property. 7 15 7. a. All or a portion of the taxes for the 7 16 physical plant and equipment levy shall be paid by the 7 17 school district to the municipality if the auditor 7 18 certifies to the school district by July 1 the amount 7 19 of such levy that is necessary to pay the principal 7 20 and interest on bonds issued by the municipality to 7 21 finance an urban renewal project, which bonds were 7 22 issued before July 1, 2001. Indebtedness incurred to 7 23 refund bonds issued prior to July 1, 2001, shall not 7 24 be included in the certification. Such school district 7 25 shall pay over the amount certified by November 1 and 7 26 May 1 of the fiscal year following certification to 7 27 the school district. For any fiscal year, a 7 28 municipality may certify to the county auditor for 7 29 physical plant and equipment revenue necessary for 7 30 payment of principal and interest on bonds issued 7 31 prior to July 1, 2001, only if the municipality 7 32 certified for such revenue for the fiscal year 7 33 beginning July 1, 2000. A municipality shall not 7 34 certify to the county auditor for a school district 7 35 more than the amount the municipality certified for 7 36 the fiscal year beginning July 1, 2000. If for any 7 37 fiscal year a municipality fails to certify to the 7 38 county auditor for a school district by July 1 the 7 39 amount of physical plant and equipment revenue 7 40 necessary for payment of principal and interest on 7 41 such bonds, as provided in subsection 2, the school 7 42 district is not required to pay over the revenue to 7 43 the municipality. If a school district and a 7 44 municipality are unable to agree on the amount of 7 45 physical plant and equipment revenue certified by the 7 46 municipality for the fiscal year beginning July 1, 7 47 2001, either party may request that the state appeal 7 48 board review and finally pass upon the amount that may 7 49 be certified. Such appeals must be presented in 7 50 writing to the state appeal board no later than July 8 1 31 following certification. The burden shall be on 8 2 the municipality to prove that the physical plant and 8 3 equipment levy revenue is necessary to pay principal 8 4 and interest on bonds issued prior to July 1, 2001. A 8 5 final decision must be issued by the state appeal 8 6 board no later than the following October 1. 8 7 b. All or a portion of the taxes for the 8 8 instructional support levy shall be paid by the school 8 9 district to the municipality if the auditor certifies 8 10 to the school district by July 1 the amount of such 8 11 levy that is necessary to pay the principal and 8 12 interest on bonds issued by the municipality to 8 13 finance an urban renewal project, which bonds were 8 14 issued before July 1, 2002. Indebtedness incurred to 8 15 refund bonds issued prior to July 1, 2002, shall not 8 16 be included in the certification. Such school district 8 17 shall pay over the amount certified by November 1 and 8 18 May 1 of the fiscal year following certification to 8 19 the school district. For any fiscal year, a 8 20 municipality shall not certify to the county auditor 8 21 for a school district more than the amount the 8 22 municipality certified for the fiscal year beginning 8 23 July 1, 2002. If for any fiscal year a municipality 8 24 fails to certify to the county auditor for a school 8 25 district by July 1 the amount of instructional support 8 26 property tax revenue necessary for payment of 8 27 principal and interest on such bonds, as provided in 8 28 subsection 2, the school district is not required to 8 29 pay over the revenue to the municipality. If a school 8 30 district and a municipality are unable to agree on the 8 31 amount of instructional support property tax revenue 8 32 certified by the municipality for the fiscal year 8 33 beginning July 1, 2002, either party may request that 8 34 the state appeal board review and finally pass upon 8 35 the amount that may be certified. Such appeals must 8 36 be presented in writing to the state appeal board no 8 37 later than July 31 following certification. The 8 38 burden shall be on the municipality to prove that the 8 39 instructional support property tax revenue is 8 40 necessary to pay principal and interest on bonds 8 41 issued prior to July 1, 2002. A final decision must 8 42 be issued by the state appeal board no later than the 8 43 following October 1." 8 44 #9. Page 21, by striking line 21 and inserting the 8 45 following: 8 46 "Sec. . Sections 256.34, 260C.70, 301.29, and 8 47 301.30, Code 2001, are". 8 48 #10. Page 21, by inserting after line 32, the 8 49 following: 8 50 "Sec. . EFFECTIVE DATE. Section 301 of this 9 1 Act, amending section 275.23A, subsection 2, being 9 2 deemed of immediate importance, takes effect upon 9 3 enactment." 9 4 #11. Page 21, by striking line 33 and inserting 9 5 the following: 9 6 "Sec. ___. EFFECTIVE DATES – APPLICABILITY. 9 7 1. Sections 201 and 202 of this Act, relating to 9 8 the date of adoption of a budget adjustment resolution 9 9 and notification of that adoption, being deemed of 9 10 immediate importance, take effect upon enactment and 9 11 apply retroactively for budget adjustment notification 9 12 for the school budget year beginning July 1, 2002. 9 13 2. Section 36 of". 9 14 #12. Page 22, by inserting after line 5 the 9 15 following: 9 16 "Sec. . EFFECTIVE DATE. The section of this 9 17 Act, amending section 403.19, being deemed of 9 18 immediate importance, takes effect upon enactment." 9 19 #13. Title page, line 2, by inserting after the 9 20 word "education" the following: "and school boards". 9 21 #14. By renumbering, relettering, or redesignating 9 22 and correcting internal references as necessary. 9 23 HF 2515S 9 24 kh/cc/26
Text: H08680 Text: H08682 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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