Text: HF00358 Text: HF00360 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 257.35, Code 2001, is amended to read 1 2 as follows: 1 3 257.35 AREA EDUCATION AGENCY PAYMENTS. 1 4 1. The department of management shall deduct the amounts 1 5 calculated for special education support services, media 1 6 services, and educational services for each school district 1 7 from the state aid due to the district pursuant to this 1 8 chapter and shall pay the amounts to the respective area 1 9 education agencies on a monthly basis from September 15 1 10 through June 15 during each school year. The department of 1 11 management shall notify each school district of the amount of 1 12 state aid deducted for these purposes and the balance of state 1 13 aid shall be paid to the district. If a district does not 1 14 qualify for state aid under this chapter in an amount 1 15 sufficient to cover its amount due to the area education 1 16 agency as calculated by the department of management, the 1 17 school district shall pay the deficiency to the area education 1 18 agency from other moneys received by the district, on a 1 19 quarterly basis during each school year. 1 20 2. For the school budget year beginning July 1, 2002, and 1 21 succeeding budget years, notwithstanding any other provision 1 22 of the Code to the contrary, amounts calculated by the 1 23 department of management for media services and educational 1 24 services shall be distributed as follows: 1 25 a. Sixty percent of the amounts calculated shall be paid 1 26 to the respective area education agencies as provided in 1 27 subsection 1. 1 28 b. Forty percent of the amounts shall be paid directly to 1 29 each school district as part of the state aid otherwise due to 1 30 the district. Amounts paid to a school district for media 1 31 services and educational services shall be expended by the 1 32 district pursuant to section 257.37A only for such services. 1 33 A school district shall not be authorized to utilize the 1 34 amounts for any other purpose. 1 35 c. Out of the amount paid to each school district pursuant 2 1 to paragraph "b", the school district shall remit to the 2 2 nonpublic schools located within the school district an amount 2 3 determined by the department of management to represent the 2 4 school district's proportionate share of the sum of the 2 5 product of the cost per pupil in basic enrollment for the 2 6 budget year for media services times the difference between 2 7 the enrollment served and the basic enrollment recorded for 2 8 the school district, and the product of the cost per pupil in 2 9 basic enrollment for the budget year for educational services 2 10 times the difference between the enrollment served and the 2 11 basic enrollment recorded for the school district. 2 12 Sec. 2. Section 257.37, Code 2001, is amended to read as 2 13 follows: 2 14 257.37 FUNDING MEDIA AND EDUCATIONAL SERVICES. 2 15 Media services and educational servicesprovided through2 16the area education agenciesshall be funded, to the extent 2 17 provided, by an addition to the combined district cost of each 2 18 school district, determined as follows: 2 19 1. For the budget year beginning July 1, 1991, and 2 20 succeeding budget years, the total amount funded in each area 2 21 for media services shall be computed as provided in this 2 22 subsection. For the budget year beginning July 1, 1991, the 2 23 total amount funded in each area for media services in the 2 24 base year, including the cost for media resource material 2 25 which shall only be used for the purchase or replacement of 2 26 material required in section 273.6, subsection 1, paragraphs 2 27 "a", "b", and "c", shall be divided by the enrollment served 2 28 in the base year to provide an area media services cost per 2 29 pupil in the base year, and the department of management shall 2 30 compute the state media services cost per pupil in the base 2 31 year which is equal to the average of the area media services 2 32 costs per pupil in the base year. For the budget year 2 33 beginning July 1, 1991, and succeeding budget years, the 2 34 department of management shall compute the allowable growth 2 35 for media services in the budget year by multiplying the state 3 1 media services cost per pupil in the base year times the state 3 2 percent of growth for the budget year, and the total amount 3 3 funded in each area for media services cost in the budget year 3 4 equals the area media services cost per pupil in the base year 3 5 plus the allowable growth for media services in the budget 3 6 year times the enrollment served in the budget year. Funds 3 7 shall be paid to area education agencies and school districts 3 8 as provided in section 257.35. 3 9 2. Thirty percent of the budget of an area for media 3 10 services shall be expended for media resource material which 3 11 shall only be used for the purchase or replacement of material 3 12 required in section 273.6, subsection 1. Funds shall be paid 3 13 to area education agencies as provided in section 257.35. 3 14 Beginning July 1, 2002, the requirements of this subsection 3 15 shall be funded from the sixty percent funding amount paid to 3 16 an area education agency pursuant to section 257.35, 3 17 subsection 2. 3 18 3. For the budget year beginning July 1, 1991, and 3 19 succeeding budget years, the total amount funded in each area 3 20 for educational services shall be computed as provided in this 3 21 subsection. For the budget year beginning July 1, 1991, the 3 22 total amount funded in each area for educational services in 3 23 the base year shall be divided by the enrollment served in the 3 24 area in the base year to provide an area educational services 3 25 cost per pupil in the base year, and the department of 3 26 management shall compute the state educational services cost 3 27 per pupil in the base year, which is equal to the average of 3 28 the area educational services costs per pupil in the base 3 29 year. For the budget year beginning July 1, 1991, and 3 30 succeeding budget years, the department of management shall 3 31 compute the allowable growth for educational services by 3 32 multiplying the state educational services cost per pupil in 3 33 the base year times the state percent of growth for the budget 3 34 year, and the total amount funded in each area for educational 3 35 services for the budget year equals the area educational 4 1 services cost per pupil for the base year plus the allowable 4 2 growth for educational services in the budget year times the 4 3 enrollment served in the area in the budget year. Funds shall 4 4 be paid to area education agencies and school districts as 4 5 provided in section 257.35. 4 6 4. "Enrollment served" means the basic enrollment plus the 4 7 number of nonpublic school pupils served with media services 4 8 or educational services, as applicable, except that if a 4 9 nonpublic school pupil or a pupil attending another district 4 10 under a whole-grade sharing agreement or open enrollment 4 11 receives services through an area other than the area of the 4 12 pupil's residence, the pupil shall be deemed to be served by 4 13 the area of the pupil's residence, which shall by contractual 4 14 arrangement reimburse the area through which the pupil 4 15 actually receives services. Each school district shall 4 16 include in the third Friday in September enrollment report the 4 17 number of nonpublic school pupils within each school district 4 18 for media and educational services served by the area. 4 19 5. If an area education agency does not serve nonpublic 4 20 school pupils in a manner comparable to services provided 4 21 public school pupils for media and educational services, as 4 22 determined by the state board of education, the state board 4 23 shall instruct the department of management to reduce the 4 24 funds for media services and educational services one time by 4 25 an amount to compensate for such reduced services. The media 4 26 services budget shall be reduced by an amount equal to the 4 27 product of the cost per pupil in basic enrollment for the 4 28 budget year for media services times the difference between 4 29 the enrollment served and the basic enrollment recorded for 4 30 the area. The educational services budget shall be reduced by 4 31 an amount equal to the product of the cost per pupil in basic 4 32 enrollment for the budget year for educational services times 4 33 the difference between the enrollment served and the basic 4 34 enrollment recorded for the area. 4 35 This subsection applies only to media and educational 5 1 services which cannot be diverted for religious purposes. 5 2 Notwithstanding this subsection, an area education agency 5 3 shall distribute to nonpublic schools media materials 5 4 purchased wholly or partially with federal funds in a manner 5 5 comparable to the distribution of such media materials to 5 6 public schools as determined by the director of the department 5 7 of education. 5 8 Sec. 3. NEW SECTION. 257.37A CONTRACTS FOR SERVICES. 5 9 A school district or nonpublic school may utilize amounts 5 10 received for media services and educational services pursuant 5 11 to section 257.35, subsection 2, to contract with one or more 5 12 school districts, area education agencies, or independent 5 13 agencies not associated with a school district or area 5 14 education agency pursuant to section 28E.12 for the partial or 5 15 complete furnishing of any service or activity which the 5 16 district could have contracted with the area education agency 5 17 to which it is assigned to provide for the budget year. This 5 18 section shall not be construed to impact the utilization of an 5 19 area education agency for the identifying, weighting, or 5 20 providing of special education enrollment counts pursuant to 5 21 section 273.5, the provision of special education support 5 22 services, or the administration of federally funded health 5 23 care programs pursuant to section 256B.15. A district or 5 24 nonpublic school shall contract with the area education agency 5 25 to which it is assigned for provision of these services. 5 26 Sec. 4. Section 273.2, subsection 3, Code 2001, is amended 5 27 to read as follows: 5 28 3. The area education agency board shall furnish 5 29 educational services and programs as provided in sections 5 30 273.1 to 273.9 and chapter 256B to the pupils enrolled in 5 31 public or nonpublic schools located within its boundaries, or 5 32 within the boundaries of another area education agency 5 33 pursuant to a contract under section 257.37A, which are on the 5 34 list of accredited schools pursuant to section 256.11. The 5 35 programs and services provided shall be at least commensurate 6 1 with programs and services existing on July 1, 1974. The 6 2 programs and services provided to pupils enrolled in nonpublic 6 3 schools shall be comparable to programs and services provided 6 4 to pupils enrolled in public schools within constitutional 6 5 guidelines. 6 6 Sec. 5. Section 273.2, subsection 4, Code 2001, is amended 6 7 to read as follows: 6 8 4. The area education agency board shall provide for 6 9 special education services and media services for the local 6 10 school districts in the area, or another area pursuant to a 6 11 contract under section 257.37A, and shall encourage and assist 6 12 school districtsin the areato establish programs for gifted 6 13 and talented children. 6 14 Sec. 6. Section 273.3, subsection 6, Code 2001, is amended 6 15 to read as follows: 6 16 6. Area education agencies may cooperate and contract 6 17 between themselves and with other public agencies to provide 6 18 special education programs and services, media services, and 6 19 educational services to schools and children residing within 6 20 their respective areas, or another area pursuant to a contract 6 21 under section 257.37A. Area education agencies may provide 6 22 print and nonprint materials to public and private colleges 6 23 and universities that have teacher education programs approved 6 24 by the state board of education. 6 25 Sec. 7. Section 273.4, subsections 1 and 2, Code 2001, are 6 26 amended to read as follows: 6 27 1.Co-operateCooperate with boards of directors of local 6 28 school districtsof the area education agencyin considering 6 29 and developing plans for the improvement of the educational 6 30 programs and services in the area education agency. 6 31 2. When requested, provide such other assistance as 6 32 possible to school districtsof the area education agencyfor 6 33 the general improvement of their educational programs and 6 34 operations. 6 35 Sec. 8. Section 273.7, Code 2001, is amended to read as 7 1 follows: 7 2 273.7 ADDITIONAL SERVICES. 7 3 If sixty percent of the number of local school boards 7 4 located in, or who have contracted with, an area education 7 5 agency, or if local school boards representing sixty percent 7 6 of the enrollment in the school districts located in, or who 7 7 have contracted with, the agency, request in writing to the 7 8 area education agency board that an additional service be 7 9 provided them, for pupils in grades kindergarten through 7 10 twelve or children requiring special education as defined in 7 11 section 256B.2 or for employees or board members of school 7 12 districts or area education agencies, the area education 7 13 agency board shall arrange for the service to be provided to 7 14 all school districts in the area within the financial 7 15 capabilities of the area education agency. 7 16 Sec. 9. Section 273.7A, unnumbered paragraph 1, Code 2001, 7 17 is amended to read as follows: 7 18 The board of an area education agency may provide services 7 19 to school districts locatedinwithin or outside the area 7 20 education agency under contract with the school districts. 7 21 These services may include, but are not limited to, 7 22 superintendency services, personnel services, business 7 23 management services, specialized maintenance services, and 7 24 transportation services. In addition, the board of the area 7 25 education agency may provide for furnishing expensive and 7 26 specialized equipment for school districts. School districts 7 27 shall pay to area education agencies the cost of providing the 7 28 services. 7 29 Sec. 10. APPLICABILITY DATE. This Act applies to school 7 30 budget years beginning on or after July 1, 2002. 7 31 EXPLANATION 7 32 This bill provides for a change in the distribution of 7 33 funding for the provision of media services and education 7 34 services. The bill provides that for the school budget year 7 35 beginning July 1, 2002, and succeeding budget years, amounts 8 1 calculated by the department of management for media services 8 2 and educational services shall be distributed on a 60-40 basis 8 3 between area education agencies and local school districts. 8 4 The bill provides that 60 percent of the amounts calculated 8 5 pursuant to Code section 257.35 shall be paid to the 8 6 respective area education agencies, and that 40 percent of the 8 7 amounts shall be paid directly to each school district as part 8 8 of the state aid otherwise due to the district. The bill 8 9 provides that amounts paid to a school district for media 8 10 services and educational services shall be expended by the 8 11 district only for such services. The bill provides for the 8 12 payment by school districts to nonpublic schools located 8 13 within the school district, out of the 40 percent funding 8 14 amount, of an amount for media and educational support 8 15 services representing the proportional enrollment of nonpublic 8 16 school pupils compared to both public and nonpublic school 8 17 enrollment in the school district. The bill provides that a 8 18 school district or nonpublic school may utilize the amounts 8 19 received for media services and educational services to 8 20 contract with one or more school districts, area education 8 21 agencies, or independent agencies for the partial or complete 8 22 furnishing of any service or activity for which the district 8 23 could have contracted with the area education agency to which 8 24 it is assigned. The bill provides that a school district or 8 25 nonpublic school shall continue to contract with the area 8 26 education agency to which it is assigned for special education 8 27 purposes and relating to the administration of federally 8 28 funded health care programs pursuant to Code section 256B.15. 8 29 The bill provides several conforming changes to Code chapter 8 30 273 relating to the provision of services by an area education 8 31 agency to school districts both within the area and with whom 8 32 it may contract pursuant to Code section 257.37A. The bill 8 33 applies to the school budget year beginning July 1, 2002. 8 34 LSB 2065YH 79 8 35 rn/cf/24
Text: HF00358 Text: HF00360 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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