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House File 643

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 643
  1  2 
  1  3                             AN ACT
  1  4 PROVIDING STATUTORY REVISIONS RELATING TO THE DEPARTMENT OF
  1  5    EDUCATION, SCHOOL DISTRICTS, AND THE KINDERGARTEN THROUGH
  1  6    GRADE TWELVE EDUCATIONAL PROGRAM. 
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 256.11, unnumbered paragraph 1, Code
  1 11 2001, is amended to read as follows:
  1 12    The state board shall adopt rules under chapter 17A and a
  1 13 procedure for accrediting all public and nonpublic schools in
  1 14 Iowa offering instruction at any or all levels from the
  1 15 prekindergarten level through grade twelve.  The rules of the
  1 16 state board shall require that a multicultural, nonsexist
  1 17 gender fair approach is used by schools and school districts.
  1 18 The educational program shall be taught from a multicultural,
  1 19 nonsexist gender fair approach.  Global perspectives shall be
  1 20 incorporated into all levels of the educational program.
  1 21    Sec. 2.  Section 256.11, subsection 7, paragraph c, Code
  1 22 2001, is amended to read as follows:
  1 23    c.  Programs for at-risk At-risk students.  Rules adopted
  1 24 by the state board to implement this paragraph shall be based
  1 25 upon the definition of at-risk student developed by the child
  1 26 coordinating council established in section 256A.2 and the
  1 27 department of education, and the state board shall consider
  1 28 the recommendations of the child coordinating council and the
  1 29 department in developing the rules.
  1 30    Sec. 3.  Section 256.11, subsection 10, unnumbered
  1 31 paragraph 2, Code 2001, is amended to read as follows:
  1 32    Phase I shall consist of annual monitoring by the
  1 33 department of education of all accredited schools and school
  1 34 districts for compliance with accreditation standards adopted
  1 35 by the state board of education as provided in this section.
  2  1 The phase I monitoring requires that accredited schools and
  2  2 school districts annually complete accreditation compliance
  2  3 forms adopted by the state board and file them with the
  2  4 department of education.  Phase I monitoring requires a
  2  5 comprehensive desk audit of all accredited schools and school
  2  6 districts including review of accreditation compliance forms,
  2  7 accreditation visit reports, methods of administration
  2  8 reports, and reports submitted in compliance with sections
  2  9 section 256.7, subsection 21, paragraph "a", and section
  2 10 280.12 and 280.18.
  2 11    Sec. 4.  Section 256A.4, subsection 1, unnumbered paragraph
  2 12 2, Code 2001, is amended to read as follows:
  2 13    A family support program shall meet multicultural nonsexist
  2 14 gender fair guidelines.  The program shall encourage parents
  2 15 to be aware of practices that may affect equitable development
  2 16 of children.  The program shall include parents in the
  2 17 planning, implementation, and evaluation of the program.  A
  2 18 program shall be designed to meet the needs of the residents
  2 19 of the participating district and may use unique approaches to
  2 20 provide for those needs.  The goals of a family support
  2 21 program shall include, but are not limited to, the following:
  2 22    Sec. 5.  Section 256D.7, subsection 1, Code 2001, is
  2 23 amended to read as follows:
  2 24    1.  Commencing with the fiscal year beginning July 1, 2001,
  2 25 each school district shall include, a technology plan as a
  2 26 component of the annual report submitted to the department of
  2 27 education in accordance with section 256.7, subsection 21,
  2 28 paragraphs "a" and "c", a progress report on the use of
  2 29 technology.  The plan shall be developed by licensed Licensed
  2 30 professional staff of the district, including both teachers
  2 31 and administrators, shall be responsible for implementation of
  2 32 technology integration throughout the district.  The plan
  2 33 Technology integration in the classroom shall, at a minimum,
  2 34 focus on the attainment of student achievement goals on
  2 35 academic and other core indicators, consider utilize the
  3  1 district's interconnectivity with the Iowa communications
  3  2 network, and demonstrate how the board will utilize use of
  3  3 technology to improve student achievement.  The technology
  3  4 plan shall be kept on file in the district and a copy of the
  3  5 plan, and any subsequent amendments to the plan, shall be sent
  3  6 to the appropriate area education agency.
  3  7    Sec. 6.  Section 257.6, subsection 3, unnumbered paragraph
  3  8 1, Code 2001, is amended to read as follows:
  3  9    A school district shall determine its additional enrollment
  3 10 because of special education, as defined in this section, on
  3 11 December November 1 of each year and shall certify its
  3 12 additional enrollment because of special education to the
  3 13 department of education by December November 15 of each year,
  3 14 and the department shall promptly forward the information to
  3 15 the department of management.
  3 16    Sec. 7.  Section 257.6, subsection 5, unnumbered paragraph
  3 17 1, Code 2001, is amended to read as follows:
  3 18    Weighted enrollment is the budget enrollment plus the
  3 19 district's additional enrollment because of special education
  3 20 calculated on December November 1 of the base year plus
  3 21 additional pupils added due to the application of the
  3 22 supplementary weighting.
  3 23    Sec. 8.  Section 257.6, Code 2001, is amended by adding the
  3 24 following new subsection:
  3 25    NEW SUBSECTION.  6.  For the school year beginning July 1,
  3 26 2001, and each succeeding school year, a student shall not be
  3 27 included in a district's enrollment for purposes of this
  3 28 chapter, or considered an eligible pupil under chapter 261C if
  3 29 the student meets all of the following:
  3 30    a.  Was eligible to receive a diploma with the class in
  3 31 which they were enrolled and that class graduated in the
  3 32 previous school year.
  3 33    b.  Continues enrollment in the district to take courses
  3 34 either provided by the district, offered by community colleges
  3 35 under the provisions of section 257.11, or to take courses
  4  1 under the provisions of chapter 261C.
  4  2    Sec. 9.  Section 257.38, subsection 7, Code 2001, is
  4  3 amended to read as follows:
  4  4    7.  Qualifications required of personnel administering
  4  5 delivering the program.
  4  6    Sec. 10.  Section 279.13, subsection 1, unnumbered
  4  7 paragraph 2, Code 2001, is amended to read as follows:
  4  8    The contract is invalid if the teacher is under contract
  4  9 with another board of directors to teach during the same time
  4 10 period until a release from the other contract is achieved.
  4 11 The contract shall be signed by the president of the board, or
  4 12 by the superintendent if the board has adopted a policy
  4 13 authorizing the superintendent to sign teaching contracts,
  4 14 when tendered, and after it is signed by the teacher, the
  4 15 contract shall be filed with the secretary of the board before
  4 16 the teacher enters into performance under the contract.
  4 17    Sec. 11.  NEW SECTION.  279.59  ACCESS BY ASSOCIATIONS.
  4 18    The board of directors of a school district shall provide
  4 19 not-for-profit, professional education associations that offer
  4 20 membership to teachers or administrators equal access to
  4 21 teacher or administrator mailboxes for distribution of
  4 22 professional literature.
  4 23    Sec. 12.  Section 280.9, unnumbered paragraph 1, Code 2001,
  4 24 is amended to read as follows:
  4 25    The board of directors of each local public school district
  4 26 and the authorities in charge of each nonpublic school shall
  4 27 incorporate into the educational program, in accordance with
  4 28 section 256.7, subsection 21, paragraph "a", the total concept
  4 29 of career education to enable students to become familiar with
  4 30 the values of a work-oriented society.  Curricular and
  4 31 cocurricular teaching-learning experiences from the
  4 32 prekindergarten level through grade twelve shall be provided
  4 33 for all students currently enrolled in order to develop an
  4 34 understanding that employment may be meaningful and
  4 35 satisfying.  However, career education does not mean a
  5  1 separate vocational-technical program is required.  A
  5  2 vocational-technical program includes units or partial units
  5  3 in subjects which have as their purpose to equip students with
  5  4 marketable skills.
  5  5    Sec. 13.  Section 280.12, Code 2001, is amended by striking
  5  6 the section and inserting in lieu thereof the following:
  5  7    280.12  SCHOOL IMPROVEMENT ADVISORY COMMITTEE.
  5  8    The board of directors of each public school district and
  5  9 the authorities in charge of each nonpublic school shall do
  5 10 the following:
  5 11    1.  Appoint a school improvement advisory committee to make
  5 12 recommendations to the board or authorities.  The advisory
  5 13 committee shall consist of members representing students,
  5 14 parents, teachers, administrators, and representatives from
  5 15 the local community, which may include representatives of
  5 16 business, industry, labor, community agencies, higher
  5 17 education, or other community constituents.  To the extent
  5 18 possible, committee membership shall have balanced
  5 19 representation with regard to race, gender, national origin,
  5 20 and disability.
  5 21    2.  Utilize the recommendations from the school improvement
  5 22 advisory committee to determine the following:
  5 23    a.  Major educational needs.
  5 24    b.  Student learning goals.
  5 25    c.  Long-range and annual improvement goals that include,
  5 26 but are not limited to, the state indicators that address
  5 27 reading, mathematics, and science achievement.
  5 28    d.  Desired levels of student performance.
  5 29    e.  Progress toward meeting the goals set out in paragraphs
  5 30 "b" through "d".
  5 31    Sec. 14.  Section 280.19, Code 2001, is amended to read as
  5 32 follows:
  5 33    280.19  PLANS FOR AT-RISK CHILDREN.
  5 34    The board of directors of each public school district shall
  5 35 incorporate, into the kindergarten admissions program,
  6  1 criteria and procedures for identification and integration of
  6  2 at-risk children and their developmental needs.  This
  6  3 incorporation shall be part of the comprehensive school
  6  4 improvement plan developed and implemented in accordance with
  6  5 section 256.7, subsection 21, paragraphs "a" and "c".
  6  6    Sec. 15.  Section 285.12, Code 2001, is amended to read as
  6  7 follows:
  6  8    285.12  DISPUTES – HEARINGS AND APPEALS.
  6  9    In the event of a disagreement between a school patron and
  6 10 the board of the school district, the patron if dissatisfied
  6 11 with the decision of the district board, may appeal the same
  6 12 to the area education agency board, notifying the secretary of
  6 13 the district in writing within ten days of the decision of the
  6 14 board and by filing an affidavit of appeal with the agency
  6 15 board within the ten-day period.  The affidavit of appeal
  6 16 shall include the reasons for the appeal and points at issue.
  6 17 The secretary of the local board on receiving notice of appeal
  6 18 shall certify all papers to the agency board which shall hear
  6 19 the appeal within ten days of the receipt of the papers and
  6 20 decide it within three days of the conclusion of the hearing
  6 21 and shall immediately notify all parties of its decision.
  6 22 Either party may appeal the decision of the agency board to
  6 23 the director of the department of education by notifying the
  6 24 opposite party and the agency administrator in writing within
  6 25 five days after receipt of notice of the decision of the
  6 26 agency board and shall file by filing with the director of the
  6 27 department of education an affidavit of appeal, reasons for
  6 28 appeal, and the facts involved in the disagreement within five
  6 29 days after receipt of notice of the decision of the agency
  6 30 board.  The agency administrator shall, within ten days of
  6 31 said notice, file with the director all records and papers
  6 32 pertaining to the case, including action of the agency board.
  6 33 The director shall hear the appeal within fifteen days of the
  6 34 filing of the records in the director's office, notifying all
  6 35 parties and the agency administrator of the time of hearing.
  7  1 The director shall forthwith decide the same and notify all
  7  2 parties of the decision and return all papers with a copy of
  7  3 the decision to the agency administrator.  The decision of the
  7  4 director shall be subject to judicial review in accordance
  7  5 with the terms of the Iowa administrative procedure Act.
  7  6 Pending final order made by the director, upon any appeal
  7  7 prosecuted to such director, the order of the agency board
  7  8 from which the appeal is taken shall be operative and be in
  7  9 full force and effect.
  7 10    Sec. 16.  Section 299A.8, Code 2001, is amended to read as
  7 11 follows:
  7 12    299A.8  DUAL ENROLLMENT.
  7 13    If a parent, guardian, or legal custodian of a child who is
  7 14 receiving competent private instruction under this chapter
  7 15 submits a request, the child shall also be registered in a
  7 16 public school for dual enrollment purposes.  If the child is
  7 17 enrolled in a public school district for dual enrollment
  7 18 purposes, the child shall be permitted to participate in any
  7 19 academic activities in the district and shall also be
  7 20 permitted to participate on the same basis as public school
  7 21 children in any extracurricular activities available to
  7 22 children in the child's grade or group, and the parent,
  7 23 guardian, or legal custodian shall not be required to pay the
  7 24 costs of any annual evaluation under this chapter.  If the
  7 25 child is enrolled for dual enrollment purposes, the child
  7 26 shall be included in the public school's basic enrollment
  7 27 under section 257.6.  A pupil enrolled in grades nine through
  7 28 twelve under this section shall be counted in the same manner
  7 29 as a shared-time pupil under section 257.6, subsection 1,
  7 30 paragraph "c".
  7 31    Sec. 17.  Section 321.194, subsection 1, paragraph b,
  7 32 unnumbered paragraph 1, Code 2001, is amended to read as
  7 33 follows:
  7 34    Each application shall be accompanied by a statement from
  7 35 the school board, superintendent, or principal, if authorized
  8  1 by the superintendent, of the applicant's school.  The
  8  2 statement shall be upon a form provided by the department.
  8  3 The school board, superintendent, or principal, if authorized
  8  4 by the superintendent, shall certify that a need exists for
  8  5 the license and that the board, superintendent, and a or
  8  6 principal authorized by the superintendent are not responsible
  8  7 for actions of the applicant which pertain to the use of the
  8  8 driver's license.  The department of education shall adopt
  8  9 rules establishing criteria for issuing a statement of
  8 10 necessity.  Upon receipt of a statement of necessity, the
  8 11 department shall issue the driver's license.  The fact that
  8 12 the applicant resides at a distance less than one mile from
  8 13 the applicant's schools school of enrollment is prima facie
  8 14 evidence of the nonexistence of necessity for the issuance of
  8 15 a license.  The school board shall develop and adopt a policy
  8 16 establishing the criteria that shall be used by a school
  8 17 district administrator to approve or deny certification that a
  8 18 need exists for a license.  The student may appeal to the
  8 19 school board the decision of a school district administrator
  8 20 to deny certification.  The decision of the school board is
  8 21 final.  The driver's license shall not be issued for purposes
  8 22 of attending a public school in a school district other than
  8 23 either of the following:
  8 24    Sec. 18.  Sections 256.40 through 256.43, 258.7, 258.8, and
  8 25 280.18, Code 2001, are repealed.  
  8 26 
  8 27 
  8 28                                                             
  8 29                               BRENT SIEGRIST
  8 30                               Speaker of the House
  8 31 
  8 32 
  8 33                                                             
  8 34                               MARY E. KRAMER
  8 35                               President of the Senate
  9  1 
  9  2    I hereby certify that this bill originated in the House and
  9  3 is known as House File 643, Seventy-ninth General Assembly.
  9  4 
  9  5 
  9  6                                                             
  9  7                               MARGARET THOMSON
  9  8                               Chief Clerk of the House
  9  9 Approved                , 2001
  9 10 
  9 11 
  9 12                            
  9 13 THOMAS J. VILSACK
  9 14 Governor
     

Text: HF00642                           Text: HF00644
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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