Text: HF02410 Text: HF02412 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 273.21, subsection 3, paragraph g, Code 1 2 Supplement 2001, is amended to read as follows: 1 3 g. Transmit the completed plan to the state board by 1 4 November 1. Plans received by the state board after November 1 5 1 shall be considered for area education agency reorganization 1 6 taking effect no sooner than July 1 after the next succeeding 1 7 fiscal year. 1 8 Sec. 2. Section 273.21, subsection 4, Code Supplement 1 9 2001, is amended to read as follows: 1 10 4. The state board shall review the reorganization plan 1 11 and shall, prior to February 1, either approve the plan or 1 12 return the plan with the state board's recommendations. An 1 13 unapproved plan may be resubmitted with modifications to the 1 14 department not later than February 10. An approved plan shall 1 15 take effect on July 1 of the fiscal year following the date of 1 16 approval by the state board, except that plans submitted to 1 17 the state board after November 1 shall take effect no sooner 1 18 than July 1 after the next succeeding fiscal year. 1 19 Sec. 3. Section 273.22, subsections 1, 2, 5, and 6, Code 1 20 Supplement 2001, are amended to read as follows: 1 21 1. The terms of employment of the administrator and staff 1 22 of affected area education agencies for the school year 1 23 beginning with the effective date of the formation of the new 1 24 area education agency shall not be affected by the formation 1 25 of the new area education agency, except in accordance with 1 26 the provisions of sections 279.15 through 279.18, and 279.24, 1 27 and the authority and responsibility to offer new contracts or 1 28 to continue, modify, or terminate existing contracts pursuant 1 29 to sections 279.12, 279.13, 279.15 through 279.21, 279.23, and 1 30 279.24 for the school year beginning with the effective date 1 31 of the reorganization shall be transferred from the boards of 1 32 the existing area education agencies to the board of the new 1 33 area education agencyon the third Tuesday of January prior to1 34the school year the reorganization is effectivefollowing 1 35 approval of the reorganization plan by the state board as 2 1 provided in section 273.21, subsection 4. 2 2 2. The collective bargaining agreement of the area 2 3 education agency with the largest basic enrollment, as defined 2 4 in section 257.6, for the year prior to the year the 2 5 reorganization is effective, shall serve as the base agreement 2 6 in the new area education agency and the employees of the 2 7 other area education agencies involved in the formation of the 2 8 new area education agency shall automatically be accreted to 2 9 the bargaining unit of that collective bargaining agreement 2 10 for purposes of negotiating the contracts for the following 2 11 years without further action by the public employment 2 12 relations board. If only one collective bargaining agreement 2 13 is in effect among the area education agencies that are party 2 14 to the reorganization, that agreement shall serve as the base 2 15 agreement, and the employees of the other agencies involved in 2 16 the formation of the new area education agency shall 2 17 automatically be accreted to the bargaining unit of that 2 18 collective bargaining agreement for purposes of negotiating 2 19 the contracts for the following years without further action 2 20 by the public employment relations board. The board of the 2 21 newly formed area education agency, using the base agreement 2 22 as its existing contract, shall bargain with the combined 2 23 employees of the affected agencies for the school year 2 24beginning withthat begins on the effective date of the 2 25 reorganization. The bargaining shall be completed by the 2 26 dates specified in section 20.17 prior to the school year in 2 27 which the reorganization becomes effective or within one 2 28 hundred eighty days after the organization of the new board, 2 29 whichever is later. If a bargaining agreement was already 2 30 concluded by the board and employees of the affected agency 2 31 with the contract serving as the base agreement for the school 2 32 year beginning with the effective date of the reorganization, 2 33 that agreement shall be void. However, if the base agreement 2 34 contains multiyear provisions affecting school years 2 35 subsequent to the effective year of the reorganization, the 3 1 base agreement shall remain in effect as specified in the 3 2 agreement. 3 3 The provisions of the base agreement shall apply to the 3 4 offering of new contracts or continuation, modification, or 3 5 termination of existing contracts as provided in subsection 1. 3 6 5. The board of directors of a school district that is 3 7 contiguous to a newly reorganized area education agency may 3 8 petition the board of directors of their current area 3 9 education agency and the newly reorganized area education 3 10 agency to join the newly reorganized area education agency. 3 11 If both area education agency boards approve the petition, the 3 12 reorganization shall take effecton July 1 of the school year3 13following approval of the petition by the state boardin 3 14 accordance with the dates established under section 273.21, 3 15 subsection 4. A school district may appeal to the state board 3 16 the decision of an area education agency board to deny the 3 17 school district's petition. 3 18 6. The board of directors of a school district that is 3 19 within a newly reorganized area education agency and whose 3 20 school district was contiguous to another area education 3 21 agency prior to the reorganization, may petition the board of 3 22 directors of the newly reorganized area education agency and 3 23 the contiguous area education agency to join that area 3 24 education agency. If both area education agency boards 3 25 approve the petition, the reorganization shall take effecton3 26July 1 of the school year following approval of the petition3 27by the state boardin accordance with the dates established 3 28 under section 273.21, subsection 4. A school district may 3 29 appeal to the state board the decision of an area education 3 30 agency board to deny the school district's petition. 3 31 Sec. 4. Section 273.22, Code Supplement 2001, is amended 3 32 by adding the following new subsection: 3 33 NEW SUBSECTION. 7. Not later than fifteen days after the 3 34 state board notifies an area education agency of its approval 3 35 of the area education agency's reorganization plan or 4 1 dissolution proposal, the area education agency shall notify 4 2 the school districts located within the area education agency 4 3 boundaries, the school districts and area education agencies 4 4 that are contiguous to its boundaries, and any other school 4 5 district under contract with the area education agency, of the 4 6 state board's approval of the plan or proposal. A petition to 4 7 join an area education agency or for release from a contract 4 8 with an area education agency, in accordance with subsections 4 9 4 through 6, shall be filed not later than sixty days after 4 10 the state board approves a reorganization plan or dissolution 4 11 proposal in accordance with this chapter. 4 12 Sec. 5. Section 273.23, subsection 2, Code Supplement 4 13 2001, is amended to read as follows: 4 14 2. Prior to the organization meeting of the board of 4 15 directors of the newly formed area education agency, the 4 16 boards of the former area education agencies shall designate 4 17 directors to be retained as members to serve on the initial 4 18 board of the newly formed area education agency. A vacancy 4 19 occurs if an insufficient number of former board members 4 20 resideinwithin the newly formed area education agency's 4 21 boundaries or if an insufficient number of former board 4 22 members are willing to serve on the board of the newly formed 4 23 area education agency. Vacancies, as defined in section 4 24 277.29, in the membership of the newly formed area education 4 25 agency board shall be filled for the unexpired portion of the 4 26 term at a special director district convention called and 4 27 conducted in the manner provided in section 273.8 for regular 4 28 director district conventions. 4 29 Sec. 6. Section 273.23, subsection 8, Code Supplement 4 30 2001, is amended to read as follows: 4 31 8. For the school year beginning on the effective date of 4 32 an area education agency reorganization as provided in this 4 33 subchapter, the special education support services cost per 4 34 pupil shall be based upon the combined base year budgets for 4 35 special education support services of the area education 5 1 agencies that reorganized to form the newly formed area 5 2 education agency, divided by the total of the weighted 5 3 enrollment for special education support services in the 5 4 reorganized area education agency for the base year plus the 5 5 allowable growth amount per pupil for special education 5 6 support services for the budget year as calculated in section 5 7 257.8. 5 8 9. Within one year of the effective date of the 5 9 reorganization, a newly formed area education agency shall 5 10 meet the accreditation requirements set forth in section 5 11 273.10, and the standards set forth in section 273.11. The 5 12 newly formed area education agency shall be considered 5 13 accredited for purposes of budget approval by the state board 5 14 pursuant to section 273.3. The state board shall inform the 5 15 newly formed area education agency of the accreditation on- 5 16 site visit schedule. 5 17 Sec. 7. Section 273.23, Code Supplement 2001, is amended 5 18 by adding the following new subsections: 5 19 NEW SUBSECTION. 10. The special education support cost 5 20 per pupil, the media cost per pupil, and the educational 5 21 services cost per pupil for a school district petitioning into 5 22 an area education agency shall be the special education 5 23 support cost per pupil, media cost per pupil, and educational 5 24 services cost per pupil of the area education agency into 5 25 which it petitions if the petition is approved. 5 26 NEW SUBSECTION. 11. Unless the reorganization of an area 5 27 education agency takes effect less than two years before the 5 28 taking of the next federal decennial census, a newly formed 5 29 area education agency shall, within one year of the effective 5 30 date of the reorganization, redraw the boundary lines of 5 31 director districts in the area education agency if a petition 5 32 filed by a school district to join the newly formed area 5 33 education agency, or for release from the newly formed area 5 34 education agency, in accordance with section 273.22, 5 35 subsections 4 through 6, was approved. Until the boundaries 6 1 are redrawn, the boundaries for the newly formed area 6 2 education agency shall be as provided in the reorganization 6 3 plan approved by the state board in accordance with section 6 4 273.21. 6 5 Sec. 8. EFFECTIVE DATE. This Act, begin deemed of 6 6 immediate importance, takes effect upon enactment. 6 7 EXPLANATION 6 8 This bill makes a number of changes to Code provisions 6 9 relating to the reorganization or dissolution of area 6 10 education agencies. 6 11 The bill provides that reorganization plans submitted to 6 12 the state board of education after the deadline of November 1 6 13 must be considered by the state board, but cannot take effect 6 14 prior to July 1 after the next succeeding fiscal year. 6 15 The bill also provides that the transfer to the board of 6 16 the new area education agency of the authority and 6 17 responsibility to offer new contracts or to continue, modify, 6 18 or terminate existing contract terms of employment of 6 19 administrators and staff shall take place following state 6 20 board approval of the reorganization plan. Current law 6 21 transfers the authority on the third Tuesday of January prior 6 22 to the school year in which the reorganization takes effect. 6 23 Under the bill, an area education agency must notify the 6 24 school districts within its boundaries, school districts and 6 25 area education agencies contiguous to its boundaries, and any 6 26 other school district under contract with the area education 6 27 agency, of the state board's approval of its reorganization 6 28 plan or dissolution proposal. Within 60 days of state board 6 29 approval of a reorganization plan or dissolution proposal, a 6 30 school district that wishes to join an area education agency 6 31 or wishes to be released from a contract with an area 6 32 education agency must file a petition with the area education 6 33 agency to that effect. 6 34 The bill also provides that, for the school year beginning 6 35 on the effective date of an area education agency 7 1 reorganization, the special education support services cost 7 2 per pupil shall be based upon the combined base year budgets 7 3 for special education support services of the area education 7 4 agencies that reorganized to form the newly formed area 7 5 education agency, divided by the total of the weighted 7 6 enrollment for special education support services in the 7 7 reorganized area education agency for the base year plus the 7 8 allowable growth amount per pupil for special education 7 9 support services for the budget year. 7 10 Under the bill, the special education support cost per 7 11 pupil, the media cost per pupil, and the educational services 7 12 cost per pupil for a school district petitioning into an area 7 13 education agency shall be that of the area education agency 7 14 into which it petitions if the petition is approved. 7 15 Finally, the bill requires that, unless an area education 7 16 agency reorganization takes effect less than two years before 7 17 the taking of the next federal decennial census, the newly 7 18 formed area education agency must redraw its director district 7 19 boundaries within one year of reorganizing if a petition filed 7 20 by a school district to join or be released from a newly 7 21 formed area education agency, was approved. Until the 7 22 boundaries are redrawn, the newly formed area education agency 7 23 shall use the boundaries set forth in the approved 7 24 reorganization plan. 7 25 The bill takes effect upon enactment. 7 26 LSB 5359HV 79 7 27 kh/hk/91
Text: HF02410 Text: HF02412 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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