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House File 2411

Partial Bill History

Bill Text

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 agency on the third Tuesday of January prior to
  1 34 the school year the reorganization is effective following
  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 24 beginning with that 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 effect on July 1 of the school year
  3 13 following approval of the petition by the state board in
  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 effect on
  3 26 July 1 of the school year following approval of the petition
  3 27 by the state board in 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 reside in within 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
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Bills and Amendments: General Index     Bill History: General Index

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