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House File 2515

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 2515
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO THE DUTIES AND OPERATION OF THE DEPARTMENT OF
  1  5    EDUCATION AND SCHOOL BOARDS AND PROVIDING EFFECTIVE AND
  1  6    APPLICABILITY DATES.
  1  7  
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9  
  1 10    Section 1.  Section 256.3, Code 2001, is amended to read as
  1 11 follows:
  1 12    256.3  STATE BOARD ESTABLISHED.
  1 13    The state board of education is established for the
  1 14 department.  The state board consists of nine ten members,
  1 15 nine voting members and one nonvoting student member.  The
  1 16 voting members shall be appointed by the governor subject to
  1 17 senate confirmation.  The nonvoting student members shall be
  1 18 appointed as provided in section 256.5A.  The voting members
  1 19 shall be registered voters of the state and hold no other
  1 20 elective or appointive state office.  A voting member shall
  1 21 not be engaged in professional education for a major portion
  1 22 of the member's time nor shall the member derive a major
  1 23 portion of income from any business or activity connected with
  1 24 education.  Not more than five voting members shall be of the
  1 25 same political party.
  1 26    The terms of office for voting members are for six years
  1 27 beginning and ending as provided in section 69.19.
  1 28    Three of the state board voting members shall have
  1 29 substantial knowledge related to the community college system.
  1 30 The remaining six voting members shall be members of the
  1 31 general public.
  1 32    Sec. 2.  Section 256.4, Code 2001, is amended to read as
  1 33 follows:
  1 34    256.4  OATH – VACANCIES.
  1 35    The members of the state board shall qualify by taking the
  2  1 regular oath of office as prescribed by law for state
  2  2 officers.  Vacancies in the voting membership shall be filled
  2  3 in the same manner in which regular appointments are required
  2  4 to be made.
  2  5    Sec. 3.  NEW SECTION.  256.5A  NONVOTING MEMBER.
  2  6    The governor shall appoint one nonvoting student member of
  2  7 the state board for a term of one year beginning and ending as
  2  8 provided in section 69.19.  The nonvoting student member shall
  2  9 be appointed from a list of names submitted by the state board
  2 10 of education.  Students enrolled in either grade ten or eleven
  2 11 in a public school may apply to the state board to serve as a
  2 12 nonvoting student member.  The department shall develop an
  2 13 application process that requires the consent of the student's
  2 14 parent or guardian if the student is a minor, initial
  2 15 application approval by the school district in which the
  2 16 student applicant is enrolled, and submission of approved
  2 17 applications by a school district to the department.  The
  2 18 nonvoting student member's school district of enrollment shall
  2 19 notify the student's parents if the student's grade point
  2 20 average falls during the period in which the student is a
  2 21 member of the state board.  The state board shall adopt rules
  2 22 under chapter 17A specifying criteria for the selection of
  2 23 applicants whose names shall be submitted to the governor.
  2 24 Criteria shall include, but is not limited to, academic
  2 25 excellence, participation in extracurricular and community
  2 26 activities, and interest in serving on the board.  Rules
  2 27 adopted by the state board shall also require, if the student
  2 28 is a minor, supervision of the student by the student's parent
  2 29 or guardian while the student is engaged in authorized state
  2 30 board business at a location other than the community in which
  2 31 the student resides, unless the student's parent or guardian
  2 32 submits to the state board a signed release indicating the
  2 33 parent or guardian has determined that supervision of the
  2 34 student by the parent or guardian is unnecessary.  The
  2 35 nonvoting student member shall be appointed without regard to
  3  1 political affiliation.  The nonvoting student member shall
  3  2 have been enrolled in a public school in Iowa for at least one
  3  3 year prior to the member's appointment.  A nonvoting student
  3  4 member who will not graduate from high school prior to the end
  3  5 of a second term may apply to the state board for submission
  3  6 of candidacy to the governor for a second one-year term.  A
  3  7 nonvoting student member shall be paid a per diem as provided
  3  8 in section 7E.6 and the student and the student's parent or
  3  9 guardian shall be reimbursed for actual and necessary expenses
  3 10 incurred in the performance of the student's duties as a
  3 11 nonvoting member of the state board.  A vacancy in the
  3 12 membership of the nonvoting student member shall not be filled
  3 13 until the expiration of the term.
  3 14    Sec. 4.  Section 256.7, subsection 21, paragraph c, Code
  3 15 Supplement 2001, is amended to read as follows:
  3 16    c.  A requirement that all school districts and accredited
  3 17 nonpublic schools annually report to the department and the
  3 18 local community the district-wide progress made in attaining
  3 19 student achievement goals on the academic and other core
  3 20 indicators and the district-wide progress made in attaining
  3 21 locally established student learning goals.  The school
  3 22 districts and accredited nonpublic schools shall demonstrate
  3 23 the use of multiple assessment measures in determining student
  3 24 achievement levels.  The school districts and accredited
  3 25 nonpublic schools shall also report the number of students who
  3 26 enter ninth grade but do not graduate from the school or
  3 27 school district; and the number of students who are tested and
  3 28 the percentage of students who are so tested annually.  The
  3 29 board shall develop and adopt uniform definitions consistent
  3 30 with the federal No Child Left Behind Act of 2001, Pub. L.
  3 31 No. 107-110 and any federal regulations adopted pursuant to
  3 32 the federal Act.  The school districts and accredited
  3 33 nonpublic schools may report on other locally determined
  3 34 factors influencing student achievement.  The school districts
  3 35 and accredited nonpublic schools shall also report to the
  4  1 local community their results by individual attendance center.
  4  2    Sec. 5.  Section 256.9, Code Supplement 2001, is amended by
  4  3 adding the following new subsection:
  4  4    NEW SUBSECTION.  51.  Disburse, transfer, or receive funds
  4  5 as authorized or required under federal or state law or
  4  6 regulation in a manner that utilizes electronic transfer of
  4  7 the funds whenever possible.
  4  8    Sec. 6.  Section 256.10, Code 2001, is amended to read as
  4  9 follows:
  4 10    256.10  EMPLOYMENT OF PROFESSIONAL STAFF.
  4 11    1.  The salary of the director shall be fixed by the
  4 12 governor within a range established by the general assembly.
  4 13    2.  Appointments to the professional staff of the
  4 14 department shall be without reference to political party
  4 15 affiliation, religious affiliation, sex, or marital status,
  4 16 but shall be based solely upon fitness, ability, and proper
  4 17 qualifications for the particular position.  The professional
  4 18 staff shall serve at the discretion of the director.  A member
  4 19 of the professional staff shall not be dismissed for cause
  4 20 without appropriate due process procedures including a
  4 21 hearing.
  4 22    3.  The director may employ full-time professional staff
  4 23 for less than twelve months each year, but such staff shall be
  4 24 employed by the director for at least nine months of each
  4 25 year.  Salaries for full-time professional staff employed as
  4 26 provided in this subsection shall be comparable to other
  4 27 professional staff, adjusting for time worked.  Salaries for
  4 28 professional staff employed for periods of less than twelve
  4 29 months shall be paid during each month of the year in which
  4 30 they are employed on the same schedule as full-time permanent
  4 31 professional staff.  The director shall provide for and the
  4 32 department shall pay for health and dental insurance benefits
  4 33 for twelve months each year for the full-time professional
  4 34 staff employed as provided in this subsection, and the health
  4 35 and dental insurance benefits provided shall be comparable to
  5  1 the benefits provided to all other professional staff employed
  5  2 by the director.
  5  3    Sec. 7.  Section 256.11, subsection 10, unnumbered
  5  4 paragraph 3, Code Supplement 2001, is amended to read as
  5  5 follows:
  5  6    The department shall conduct site visits to schools and
  5  7 school districts to address accreditation issues identified in
  5  8 the desk audit.  Such a visit may be conducted by an
  5  9 individual departmental consultant or may be a comprehensive
  5 10 site visit by a team of departmental consultants and other
  5 11 educational professionals.  The purpose of a comprehensive
  5 12 site visit is to determine that a district is in compliance
  5 13 with minimum standards and to provide a general assessment of
  5 14 educational practices in a school or school district and make
  5 15 recommendations with regard to the visit findings for the
  5 16 purposes of improving educational practices above the level of
  5 17 minimum compliance.  The department shall establish a long-
  5 18 term schedule of site visits that includes visits of all
  5 19 accredited schools and school districts at least once every
  5 20 five years as needed.
  5 21    Sec. 8.  Section 257.11, subsection 2, paragraph c,
  5 22 subparagraph (2), Code Supplement 2001, is amended to read as
  5 23 follows:
  5 24    (2)  A school district which was not participating in a
  5 25 whole grade sharing arrangement during the budget year
  5 26 beginning July 1, 2001 2000, which executes a whole grade
  5 27 sharing agreement pursuant to sections 282.10 through 282.12
  5 28 for the budget year beginning July 1, 2002, or July 1, 2003,
  5 29 and which adopts a resolution jointly with the other affected
  5 30 boards to study the question of undergoing a reorganization or
  5 31 dissolution to take effect on or before July 1, 2006, shall
  5 32 receive a weighting of one-tenth of the percentage of the
  5 33 pupil's school day during which the pupil attends classes in
  5 34 another district, attends classes taught by a teacher who is
  5 35 jointly employed under section 280.15, or attends classes
  6  1 taught by a teacher who is employed by another school
  6  2 district.  A district shall be eligible for supplementary
  6  3 weighting pursuant to this subparagraph for a maximum of three
  6  4 years.  Receipt of supplementary weighting for a second and
  6  5 third year shall be conditioned upon submission of information
  6  6 resulting from the study to the school budget review committee
  6  7 indicating progress toward the objective of reorganization on
  6  8 or before July 1, 2006.
  6  9    Sec. 9.  Section 257.14, subsection 2, Code Supplement
  6 10 2001, is amended to read as follows:
  6 11    2.  For the budget years commencing July 1, 2002, and July
  6 12 1, 2003, if the department of management determines that the
  6 13 regular program district cost of a school district for a
  6 14 budget year is less than the total of the regular program
  6 15 district cost plus any adjustment added under this section for
  6 16 the base year for that school district, the school district
  6 17 shall be eligible to receive a budget adjustment for that
  6 18 district for that budget year up to an amount equal to the
  6 19 difference.  The board of directors of a school district that
  6 20 wishes to receive a budget adjustment pursuant to this
  6 21 subsection shall adopt a resolution to receive the budget
  6 22 adjustment and shall, by April 1, 15, annually, and shall
  6 23 notify the department of management of the adoption of the
  6 24 resolution and the amount of the budget adjustment to be
  6 25 received.
  6 26    Sec. 10.  Section 257.14, subsection 3, unnumbered
  6 27 paragraph 3, Code Supplement 2001, is amended to read as
  6 28 follows:
  6 29    The board of directors of a school district that wishes to
  6 30 receive a budget adjustment pursuant to this subsection shall
  6 31 adopt a resolution to receive the budget adjustment and shall,
  6 32 by April 1, 15, annually, and shall notify the department of
  6 33 management of the adoption of the resolution and the amount of
  6 34 the budget adjustment to be received.
  6 35    Sec. 11.  Section 257.16, Code 2001, is amended to read as
  7  1 follows:
  7  2    1.  There is appropriated each year from the general fund
  7  3 of the state an amount necessary to pay the foundation aid and
  7  4 supplementary aid under section 257.4, subsection 2.
  7  5    2.  All state aids paid under this chapter, unless
  7  6 otherwise stated, shall be paid in monthly installments
  7  7 beginning on September 15 of a budget year and ending on or
  7  8 about June 15 of the budget year as determined by the
  7  9 department of management, taking into consideration the
  7 10 relative budget and cash position of the state resources.
  7 11    3.  All moneys received by a school district from the state
  7 12 under this chapter shall be deposited in the general fund of
  7 13 the school district, and may be used for any school general
  7 14 fund purpose.
  7 15    4.  Notwithstanding any provision to the contrary, if the
  7 16 governor orders budget reductions in accordance with section
  7 17 8.31, reductions in the appropriations provided in accordance
  7 18 with this section shall be distributed on a per pupil basis
  7 19 calculated with the weighted enrollment determined in
  7 20 accordance with section 257.6, subsection 5.
  7 21    Sec. 12.  NEW SECTION.  257.50  FEDERAL ASSISTANCE –
  7 22 SCHOOL DISTRICT RESPONSIBILITIES.
  7 23    The director of the department of education, in accepting
  7 24 and administering federal funds in accordance with section
  7 25 256.9, subsection 7, shall upon receiving federal grant moneys
  7 26 under the federal 21st Century Community Learning Center
  7 27 Grant, Title IV, Part B of the federal No Child Left Behind
  7 28 Act of 2001, Pub. L. No. 107-110, designate that a school
  7 29 district be the fiscal agent for an eligible local grant.
  7 30 Whenever possible, the grant applicant school district shall
  7 31 collaborate with a community-based organization, a public or
  7 32 private entity, or a consortium of two or more of such
  7 33 organizations or entities in establishing a community learning
  7 34 center.  The department shall give priority to applications
  7 35 for programs serving students determined through research-
  8  1 based methods to be in the greatest need of eligible services.
  8  2 Notwithstanding the provisions of this section, if federal
  8  3 rules or regulations relating to the 21st Century Community
  8  4 Learning Center Grant are adopted that are inconsistent with
  8  5 the provisions of this section, the department of education
  8  6 shall comply with the requirements of the federal rules or
  8  7 regulations.
  8  8    Sec. 13.  Section 260C.5, subsection 6, Code 2001, is
  8  9 amended by striking the subsection.
  8 10    Sec. 14.  Section 260C.14, subsection 1, Code Supplement
  8 11 2001, is amended to read as follows:
  8 12    1.  Determine the curriculum to be offered in such school
  8 13 or college subject to approval of the state board director and
  8 14 ensure that all vocational offerings are competency-based,
  8 15 provide any minimum competencies required by the department of
  8 16 education, comply with any applicable requirements in chapter
  8 17 258, and are articulated with local school district vocational
  8 18 education programs.  If an existing private educational or
  8 19 vocational institution within the merged area has facilities
  8 20 and curriculum of adequate size and quality which would
  8 21 duplicate the functions of the area school, the board of
  8 22 directors shall discuss with the institution the possibility
  8 23 of entering into contracts to have the existing institution
  8 24 offer facilities and curriculum to students of the merged
  8 25 area.  The board of directors shall consider any proposals
  8 26 submitted by the private institution for providing such
  8 27 facilities and curriculum.  The board of directors may enter
  8 28 into such contracts.  In approving curriculum, the state board
  8 29 director shall ascertain that all courses and programs
  8 30 submitted for approval are needed and that the curriculum
  8 31 being offered by an area school does not duplicate programs
  8 32 provided by existing public or private facilities in the area.
  8 33 In determining whether duplication would actually exist, the
  8 34 state board shall consider the needs of the area and consider
  8 35 whether the proposed programs are competitive as to size,
  9  1 quality, tuition, purposes, and area coverage with existing
  9  2 public and private educational or vocational institutions
  9  3 within the merged area.  If the board of directors of the
  9  4 merged area chooses not to enter into contracts with private
  9  5 institutions under this subsection, the board shall submit a
  9  6 list of reasons why contracts to avoid duplication were not
  9  7 entered into and an economic impact statement relating to the
  9  8 board's decision.
  9  9    Sec. 15.  Section 260C.38, unnumbered paragraphs 1 and 3,
  9 10 Code 2001, are amended to read as follows:
  9 11    The board of directors may, with the approval of the
  9 12 director of the department of education, enter into lease
  9 13 agreements, with or without purchase options, not to exceed
  9 14 twenty years in duration, for the leasing or rental of
  9 15 buildings for use basically as classrooms, laboratories,
  9 16 shops, libraries, and study halls for community college
  9 17 purposes, and pay for the leasing or rental with funds
  9 18 acquired pursuant to section 260C.17, section 260C.18, and
  9 19 section 260C.22.  However, lease agreements extending for less
  9 20 than ten years and for less than twenty-five thousand dollars
  9 21 per year need not be submitted to the director of the
  9 22 department of education for approval.
  9 23    Before entering into a lease agreement with a purchase
  9 24 option for a building to be constructed, or placed, upon real
  9 25 estate owned by the community college, the board shall first
  9 26 adopt plans and specifications for the proposed building which
  9 27 it considers suitable for the intended use, and the board
  9 28 shall also adopt the proposed terms of the lease agreement and
  9 29 purchase option.  Upon obtaining the approval of the director
  9 30 of the department of education, if approval of the director is
  9 31 required, the The board shall invite bids, by advertisement
  9 32 published once each week for two consecutive weeks in the
  9 33 county where the building is to be located.  The lease
  9 34 agreement shall be awarded to the lowest responsible bidder,
  9 35 or the board may reject all bids and readvertise for new bids.
 10  1    Sec. 16.  Section 275.23A, subsection 2, Code 2001, is
 10  2 amended to read as follows:
 10  3    2.  Following each federal decennial census the school
 10  4 board shall determine whether the existing director district
 10  5 boundaries meet the standards in subsection 1 according to the
 10  6 most recent federal decennial census.  If necessary, the board
 10  7 of directors shall redraw the director district boundaries.
 10  8 The director district boundaries shall be described in a
 10  9 resolution adopted by the school board.  The resolution shall
 10 10 be adopted no earlier than November 15 of the year immediately
 10 11 following the year in which the federal decennial census is
 10 12 taken nor later than April 30 May 15 of the second year
 10 13 immediately following the year in which the federal decennial
 10 14 census is taken.  A copy of the plan shall be filed with the
 10 15 area education agency administrator of the area education
 10 16 agency in which the school's electors reside.
 10 17    Sec. 17.  Section 282.18, subsection 2, Code 2001, is
 10 18 amended to read as follows:
 10 19    2.  By January 1 of the preceding school year, the parent
 10 20 or guardian shall send notification to the district of
 10 21 residence and the receiving district, on forms prescribed by
 10 22 the department of education, that the parent or guardian
 10 23 intends to enroll the parent's or guardian's child in a public
 10 24 school in another school district.  If a parent or guardian
 10 25 fails to file a notification that the parent intends to enroll
 10 26 the parent's or guardian's child in a public school in another
 10 27 district by the deadline of January 1 of the previous year,
 10 28 and one of the criteria defined in subsection 16 4 exists for
 10 29 the failure to meet the deadline or if the request is to
 10 30 enroll a child in kindergarten in a public school in another
 10 31 district, the parent or guardian shall be permitted to enroll
 10 32 the child in the other district in the same manner as if the
 10 33 deadline had been met.
 10 34    The board of directors of a school district may adopt a
 10 35 policy granting the superintendent of the district authority
 11  1 to approve open enrollment applications that are timely filed.
 11  2 However, the board of directors shall not grant the
 11  3 superintendent authority to deny open enrollment applications,
 11  4 except as provided in subsection 3.  The board of the district
 11  5 of residence, or the superintendent with the board's authority
 11  6 to only approve applications, shall take action on the request
 11  7 no later than February 1 of the preceding school year and
 11  8 shall transmit any approved request within five days after
 11  9 board action on the request.  The parent or guardian may
 11 10 withdraw the request at any time prior to the start of the
 11 11 school year.  The board of the receiving district, or the
 11 12 superintendent with the board's authority to approve
 11 13 applications only, shall take action to approve or disapprove
 11 14 the request no later than March 1 of the preceding school
 11 15 year.  The board of the receiving district shall enroll the
 11 16 pupil in a school in the receiving district for the following
 11 17 school year unless the receiving district does not have
 11 18 classroom space for the pupil.  If the request is granted, the
 11 19 board shall transmit a copy of the form to the parent or
 11 20 guardian and the school district of residence within five days
 11 21 after board action, but not later than March 1 of the
 11 22 preceding school year.  The parent or guardian may withdraw
 11 23 the request at any time prior to the start of the school year.
 11 24 A denial of a request by the board of a receiving district is
 11 25 not subject to appeal.
 11 26    Sec. 18.  Section 282.18, subsection 3, Code 2001, is
 11 27 amended to read as follows:
 11 28    3.  In all districts involved with voluntary or court-
 11 29 ordered desegregation, minority and nonminority pupil ratios
 11 30 shall be maintained according to the desegregation plan or
 11 31 order.  The superintendent of a district subject to voluntary
 11 32 or court-ordered desegregation may deny a request for transfer
 11 33 under this section if the superintendent finds that enrollment
 11 34 or release of a pupil will adversely affect the district's
 11 35 implementation of the desegregation order or plan, unless the
 12  1 transfer is requested by a pupil whose sibling is already
 12  2 participating in open enrollment to another district.  If,
 12  3 however, a transfer request would facilitate a voluntary or
 12  4 court-ordered desegregation plan, the district shall give
 12  5 priority to granting the request over other requests.
 12  6    A parent or guardian, whose request has been denied because
 12  7 of a desegregation order or plan, may appeal the decision of
 12  8 the superintendent to the board of the district in which the
 12  9 request was denied.  The board may either uphold or overturn
 12 10 the superintendent's decision.  A decision of the board to
 12 11 uphold the denial of the request is subject to appeal under
 12 12 section 290.1 to the district court in the county in which the
 12 13 primary business office of the district is located.
 12 14    Sec. 19.  Section 282.18, subsections 4 and 5, Code 2001,
 12 15 are amended by striking the subsections and inserting in lieu
 12 16 thereof the following:
 12 17    4.  a.  After January 1 of the preceding school year and
 12 18 until the third Friday in September of that calendar year, the
 12 19 parent or guardian shall send notification to the district of
 12 20 residence and the receiving district, on forms prescribed by
 12 21 the department of education, that good cause, as defined in
 12 22 paragraph "b", exists for failure to meet the January 1
 12 23 deadline.  The board of the receiving district shall take
 12 24 action to approve the request if good cause exists.  If the
 12 25 request is granted, the board shall transmit a copy of the
 12 26 form to the parent or guardian and the school district of
 12 27 residence within five days after board action.  A denial of a
 12 28 request by the board of a receiving district is not subject to
 12 29 appeal.
 12 30    b.  For purposes of this section, "good cause" means a
 12 31 change in a child's residence due to a change in family
 12 32 residence, a change in the state in which the family residence
 12 33 is located, a change in a child's parents' marital status, a
 12 34 guardianship or custody proceeding, placement in foster care,
 12 35 adoption, participation in a foreign exchange program, or
 13  1 participation in a substance abuse or mental health treatment
 13  2 program, a change in the status of a child's resident district
 13  3 such as removal of accreditation by the state board, surrender
 13  4 of accreditation, or permanent closure of a nonpublic school,
 13  5 the failure of negotiations for a whole-grade sharing,
 13  6 reorganization, dissolution agreement or the rejection of a
 13  7 current whole-grade sharing agreement, or reorganization plan.
 13  8 If the good cause relates to a change in status of a child's
 13  9 school district of residence, however, action by a parent or
 13 10 guardian must be taken to file the notification within forty-
 13 11 five days of the last board action or within thirty days of
 13 12 the certification of the election, whichever is applicable to
 13 13 the circumstances.
 13 14    c.  If a resident district believes that a receiving
 13 15 district is unreasonable in approving applications submitted
 13 16 in accordance with this subsection, the resident district may
 13 17 request that the department review and take appropriate
 13 18 action.
 13 19    5.  Open enrollment applications filed after January 1 of
 13 20 the preceding school year that do not qualify for good cause
 13 21 as provided in subsection 4 shall be subject to the approval
 13 22 of the board of the resident district and the board of the
 13 23 receiving district.  The parent or guardian shall send
 13 24 notification to the district of residence and the receiving
 13 25 district that the parent or guardian seeks to enroll the
 13 26 parent's or guardian's child in the receiving district.  A
 13 27 decision of either board to deny an application filed under
 13 28 this subsection involving repeated acts of harassment of the
 13 29 student or serious health condition of the student that the
 13 30 resident district cannot adequately address is subject to
 13 31 appeal under section 290.1.  The state board shall exercise
 13 32 broad discretion to achieve just and equitable results that
 13 33 are in the best interest of the affected child or children.
 13 34    Sec. 20.  Section 282.18, subsection 6, Code 2001, is
 13 35 amended to read as follows:
 14  1    6.  A request under this section is for a period of not
 14  2 less than one year.  If the request is for more than one year
 14  3 and the parent or guardian desires to have the pupil enroll in
 14  4 a different district, the parent or guardian may petition the
 14  5 current receiving district by January 1 of the previous school
 14  6 year for permission to enroll the pupil in a different
 14  7 district for a period of not less than one year.  Upon receipt
 14  8 of such a request, the current receiving district board may
 14  9 act on the request to transfer to the other school district at
 14 10 the next regularly scheduled board meeting after the receipt
 14 11 of the request.  The new receiving district shall enroll the
 14 12 pupil in a school in the district unless there is insufficient
 14 13 classroom space in the district or unless enrollment of the
 14 14 pupil would adversely affect the court-ordered or voluntary
 14 15 desegregation plan of the district.  A denial of a request to
 14 16 change district enrollment within the approved period is not
 14 17 subject to appeal under section 290.1.  However, a pupil who
 14 18 has been in attendance in another district under this section
 14 19 may return to the district of residence and enroll at any
 14 20 time, once the parent or guardian has notified the district of
 14 21 residence and the receiving district in writing of the
 14 22 decision to enroll the pupil in the district of residence.
 14 23    Sec. 21.  Section 282.18, subsection 14, Code 2001, is
 14 24 amended to read as follows:
 14 25    14.  If a pupil, for whom a request to transfer has been
 14 26 filed with a district, has been suspended or expelled in the
 14 27 district, the pupil shall not be permitted to transfer until
 14 28 the pupil has been reinstated in the sending district.  Once
 14 29 the pupil has been reinstated, however, the pupil shall be
 14 30 permitted to transfer in the same manner as if the pupil had
 14 31 not been suspended or expelled by the sending district.  If a
 14 32 pupil, for whom a request to transfer has been filed with a
 14 33 district, is expelled in the district, the pupil shall be
 14 34 permitted to transfer to a receiving district under this
 14 35 section if the pupil applies for and is reinstated in the
 15  1 sending district.  However, if the pupil applies for
 15  2 reinstatement but is not reinstated in the sending district,
 15  3 the receiving district may deny the request to transfer.  The
 15  4 parent or guardian of the pupil shall be permitted to appeal
 15  5 the decision of the receiving district to the director of the
 15  6 department of education.  If the director rules in favor of
 15  7 permitting the transfer, the pupil shall be permitted to
 15  8 transfer, but the transfer shall be conditioned upon the
 15  9 expiration of the expulsion period without the pupil incurring
 15 10 a new violation is not subject to appeal.
 15 11    Sec. 22.  Section 282.18, subsection 16, Code 2001, is
 15 12 amended by striking the subsection and inserting in lieu
 15 13 thereof the following:
 15 14    16.  An application for open enrollment may be granted at
 15 15 any time with approval of the resident and receiving
 15 16 districts.
 15 17    Sec. 23.  Section 282.18, subsection 18, Code 2001, is
 15 18 amended by striking the subsection.
 15 19    Sec. 24.  Section 283A.2, subsection 2, paragraph a, Code
 15 20 2001, is amended to read as follows:
 15 21    a.  A school district shall operate or provide for the
 15 22 operation of school breakfast and lunch programs at all
 15 23 attendance centers in the district.  However, with the
 15 24 approval of the department of education as provided in
 15 25 paragraph "b", a A school district may operate or provide for
 15 26 the operation of school breakfast programs at all attendance
 15 27 centers in the district, or provide access to a school
 15 28 breakfast program at an alternative site to students who wish
 15 29 to participate in a school breakfast program.  The programs
 15 30 shall provide students with nutritionally adequate meals and
 15 31 shall be operated in compliance with the rules of the state
 15 32 board of education and pertinent federal law and regulation,.
 15 33 The school lunch program shall be provided for all students in
 15 34 each district who attend public school four or more hours each
 15 35 school day and wish to participate in a school breakfast or
 16  1 lunch program.  School districts may provide school breakfast
 16  2 and lunch programs for other students.
 16  3    Sec. 25.  Section 283A.2, subsection 2, paragraphs b and c,
 16  4 Code 2001, are amended by striking the paragraphs.
 16  5    Sec. 26.  Section 285.3, Code 2001, is amended by striking
 16  6 the section and inserting in lieu thereof the following:
 16  7    285.3  PARENTAL REIMBURSEMENT FOR NONPUBLIC SCHOOL PUPIL
 16  8 TRANSPORTATION.
 16  9    1.  A parent or legal guardian of a student attending an
 16 10 accredited nonpublic school, who furnishes transportation for
 16 11 the student pursuant to section 285.1, subsection 17,
 16 12 paragraph "c", and who meets the requirements of subsection 2
 16 13 of this section, is entitled to reimbursement equal to an
 16 14 amount calculated under the provisions of section 285.1,
 16 15 subsection 3.  In addition, a parent or guardian who
 16 16 transports one or more family members more than four miles to
 16 17 their nonpublic school of attendance shall be entitled to one
 16 18 supplemental mileage payment per family, per claim period,
 16 19 equal to thirteen percent of the parental reimbursement for
 16 20 the claim period rounded to the nearest whole dollar.
 16 21    2.  To qualify for parental reimbursement under subsection
 16 22 1, a parent or guardian of a student attending an accredited
 16 23 nonpublic school who furnishes transportation for the student
 16 24 in accordance with this section, shall submit a notice of
 16 25 nonpublic school attendance to the resident public school
 16 26 district, notifying the district that the student is enrolled
 16 27 in and will attend an accredited nonpublic school during the
 16 28 period for which parental reimbursement is being requested.
 16 29 The notice shall be filed with the resident public school
 16 30 district not later than December 1 for the first semester
 16 31 claim and May 1 for the second semester claim each year.  The
 16 32 notice shall include the parent's name and address, the name,
 16 33 age, and grade level of the student, and the name of the
 16 34 nonpublic school and its location.  The resident public school
 16 35 district shall submit claims for reimbursement to the
 17  1 department of education on behalf of the parent or guardian if
 17  2 the parent or guardian meets the requirements of this section.
 17  3    Sec. 27.  Section 285.8, Code 2001, is amended by adding
 17  4 the following new subsection:
 17  5    NEW SUBSECTION.  9.  Establish a fee for conducting school
 17  6 bus inspections in accordance with subsection 4 and issuing
 17  7 school bus driver authorizations in accordance with section
 17  8 321.376, which shall not exceed the budgeted cost for
 17  9 conducting inspections and administering authorizations.
 17 10    Sec. 28.  Section 285.12, Code 2001, is amended to read as
 17 11 follows:
 17 12    285.12  DISPUTES – HEARINGS AND APPEALS.
 17 13    In the event of a disagreement between a school patron and
 17 14 the board of the school district, the patron if dissatisfied
 17 15 with the decision of the district board, may appeal the same
 17 16 to the area education agency board, notifying the secretary of
 17 17 the district in writing within ten days of the decision of the
 17 18 board and by filing an affidavit of appeal with the agency
 17 19 board within the ten-day period.  The affidavit of appeal
 17 20 shall include the reasons for the appeal and points at issue.
 17 21 The secretary of the local board on receiving notice of appeal
 17 22 shall certify all papers to the agency board which shall hear
 17 23 the appeal within ten days of the receipt of the papers and
 17 24 decide it within three days of the conclusion of the hearing
 17 25 and shall immediately notify all parties of its decision.
 17 26 Either party may appeal the decision of the agency board to
 17 27 the director of the department of education by notifying the
 17 28 opposite party and the agency administrator in writing within
 17 29 five days after receipt of notice of the decision of the
 17 30 agency board and by filing with the director of the department
 17 31 of education an affidavit of appeal, reasons for appeal, and
 17 32 the facts involved in the disagreement within five days after
 17 33 receipt of notice of the decision of the agency board.  The
 17 34 agency administrator shall, within ten days of said receipt of
 17 35 the notice, file with the director all records and papers
 18  1 pertaining to the case, including action of the agency board.
 18  2 The director shall hear the appeal within fifteen days of the
 18  3 filing of the records in the director's office, notifying all
 18  4 parties and the agency administrator of the date and time of
 18  5 hearing.  The director shall forthwith decide the same and
 18  6 notify all parties of the decision and return all papers with
 18  7 a copy of the decision to the agency administrator.  The
 18  8 decision of the director shall be subject to judicial review
 18  9 in accordance with the terms of the Iowa administrative
 18 10 procedure Act chapter 17A.  Pending final order made by the
 18 11 director, upon any appeal prosecuted to such director, the
 18 12 order of the agency board from which the appeal is taken shall
 18 13 be operative and be in full force and effect.
 18 14    Sec. 29.  Section 290.1, Code 2001, is amended to read as
 18 15 follows:
 18 16    290.1  APPEAL TO STATE BOARD.
 18 17    A person An affected pupil, or the parent or guardian of an
 18 18 affected pupil who is a minor, who is aggrieved by a decision
 18 19 or order of the board of directors of a school corporation in
 18 20 a matter of law or fact, or a decision or order of a board of
 18 21 directors under section 282.18, subsection 5, may, within
 18 22 thirty days after the rendition of the decision or the making
 18 23 of the order, appeal the decision or order to the state board
 18 24 of education; the basis of the proceedings shall be an
 18 25 affidavit filed with the state board by the party aggrieved
 18 26 within the time for taking the appeal, which affidavit shall
 18 27 set forth any error complained of in a plain and concise
 18 28 manner.
 18 29    For purposes of section 282.11, a "person aggrieved" or
 18 30 "party aggrieved" means the "parent or guardian of an affected
 18 31 pupil".
 18 32    Sec. 30.  Section 297.7, subsection 1, Code 2001, is
 18 33 amended to read as follows:
 18 34    1.  Sections 73A.2 and 73A.18 are applicable to the
 18 35 construction and repair of school buildings.  Before
 19  1 construction of a school building for which the cost of
 19  2 construction exceeds twenty-five thousand dollars, the board
 19  3 of directors of a school district shall send a copy of the
 19  4 plans to the building consultant in the department of
 19  5 education for review.  The board of directors may submit for
 19  6 review a copy of the plans for repair or renovation of a
 19  7 school building.  The building consultant shall return the
 19  8 plans together with any recommendations to the board of
 19  9 directors within thirty days following the receipt of the
 19 10 plans.
 19 11    Sec. 31.  Section 301.1, Code 2001, is amended to read as
 19 12 follows:
 19 13    301.1  ADOPTION – PURCHASE AND SALE – ACCREDITED
 19 14 NONPUBLIC SCHOOL PUPIL TEXTBOOK SERVICES.
 19 15    1.  The board of directors of each and every school
 19 16 district is hereby authorized and empowered to adopt textbooks
 19 17 for the teaching of all branches that are now or may hereafter
 19 18 be authorized to be taught in the public schools of the state,
 19 19 and to contract for and buy said books and any and all other
 19 20 necessary school supplies at said contract prices, and to sell
 19 21 the same to the pupils of their respective districts at cost,
 19 22 loan such textbooks to such pupils free, or rent them to such
 19 23 pupils at such reasonable fee as the board shall fix, and said
 19 24 money so received shall be returned to the general fund.
 19 25    2.  Textbooks adopted and purchased by a school district
 19 26 may, and shall, to the extent funds are appropriated by the
 19 27 general assembly, be made available to pupils attending
 19 28 accredited nonpublic schools upon request of the pupil or the
 19 29 pupil's parent under comparable terms as made available to
 19 30 pupils attending public schools.  If the general assembly
 19 31 appropriates moneys for purposes of making textbooks available
 19 32 to accredited nonpublic school pupils, the department of
 19 33 education shall ascertain the amount available to a school
 19 34 district for the purchase of nonsectarian, nonreligious
 19 35 textbooks for pupils attending accredited nonpublic schools.
 20  1 The amount shall be in the proportion that the basic
 20  2 enrollment of a participating accredited nonpublic school
 20  3 bears to the sum of the basic enrollments of all participating
 20  4 accredited nonpublic schools in the state for the budget year.
 20  5 For purposes of this section, a "participating accredited
 20  6 nonpublic school" means an accredited nonpublic school that
 20  7 submits a written request on behalf of the school's pupils in
 20  8 accordance with this subsection, and that certifies its actual
 20  9 enrollment to the department of education by October 1,
 20 10 annually.  By October 15, annually, the department of
 20 11 education shall certify to the director of revenue and finance
 20 12 the annual amount to be paid to each school district, and the
 20 13 director of revenue and finance shall draw warrants payable to
 20 14 school districts in accordance with this subsection.  For
 20 15 purposes of this subsection, an accredited nonpublic school's
 20 16 enrollment count shall include only students who are residents
 20 17 of Iowa.  The costs of providing textbooks to accredited
 20 18 nonpublic school pupils as provided in this subsection shall
 20 19 not be included in the computation of district cost under
 20 20 chapter 257, but shall be shown in the budget as an expense
 20 21 from miscellaneous income.  Textbook expenditures made in
 20 22 accordance with this subsection shall be kept on file in the
 20 23 school district.
 20 24    3.  As used in this paragraph subsection 2, "textbooks"
 20 25 means books and loose-leaf or bound manuals, systems of
 20 26 reusable instructional materials or combinations of books and
 20 27 supplementary instructional materials which convey information
 20 28 to the student or otherwise contribute to the learning
 20 29 process, or electronic textbooks, including but not limited to
 20 30 computer software, applications using computer-assisted
 20 31 instruction, interactive videodisc, and other computer
 20 32 courseware and magnetic media.
 20 33    Sec. 32.  Section 321.178, subsection 1, unnumbered
 20 34 paragraph 1, Code Supplement 2001, is amended to read as
 20 35 follows:
 21  1    An approved driver education course as programmed by the
 21  2 department of education shall consist of at least thirty clock
 21  3 hours of classroom instruction, of which no more than one
 21  4 hundred eighty minutes shall be provided to a student in a
 21  5 single day, and six or more clock hours of laboratory
 21  6 instruction of which at least three clock hours shall consist
 21  7 of street or highway driving.  Classroom instruction shall
 21  8 include all of the following:
 21  9    Sec. 33.  Section 321.178, subsection 1, unnumbered
 21 10 paragraphs 3, 4, and 5, Code Supplement 2001, are amended to
 21 11 read as follows:
 21 12    Every public school district in Iowa shall offer or make
 21 13 available to all students residing in the school district or
 21 14 Iowa students attending a nonpublic school in the district an
 21 15 approved course in driver education.  The courses may be
 21 16 offered at sites other than at the public school, including
 21 17 nonpublic school facilities within the public school
 21 18 districts.  An approved course offered during the summer
 21 19 months, on Saturdays, after regular school hours during the
 21 20 regular terms or partly in one term or summer vacation period
 21 21 and partly in the succeeding term or summer vacation period,
 21 22 as the case may be, shall satisfy the requirements of this
 21 23 section to the same extent as an approved course offered
 21 24 during the regular school hours of the school term.  A student
 21 25 who successfully completes and obtains certification in an
 21 26 approved course in driver education or an approved course in
 21 27 motorcycle education may, upon proof of such fact, be excused
 21 28 from any field test which the student would otherwise be
 21 29 required to take in demonstrating the student's ability to
 21 30 operate a motor vehicle.  A student shall not be excused from
 21 31 any field test if a parent, guardian, or instructor requests
 21 32 that a test be administered.  Street or highway driving
 21 33 instruction may be provided by a person qualified as a
 21 34 classroom driver education instructor or a person certified by
 21 35 the department of transportation and authorized by the board
 22  1 of educational examiners.  A person shall not be required to
 22  2 hold a current Iowa teacher or administrator license at the
 22  3 elementary or secondary level or to have satisfied the
 22  4 educational requirements for an Iowa teacher license at the
 22  5 elementary or secondary level in order to be certified by the
 22  6 department of transportation or authorized by the board of
 22  7 educational examiners to provide street or highway driving
 22  8 instruction.  A final field test prior to a student's
 22  9 completion of an approved course shall be administered by a
 22 10 person qualified as a classroom driver education instructor.
 22 11 The department of transportation shall adopt rules pursuant to
 22 12 chapter 17A to provide for certification of persons qualified
 22 13 to provide street or highway driving instruction.  The board
 22 14 of educational examiners shall adopt rules pursuant to chapter
 22 15 17A to provide for authorization of persons certified by the
 22 16 department of transportation to provide street or highway
 22 17 driving instruction.
 22 18    "Student", for purposes of this section, means a person
 22 19 between the ages of fourteen years and twenty-one years who
 22 20 resides in the public school district and who satisfies the
 22 21 preliminary licensing requirements of the department of
 22 22 transportation.
 22 23    Any person who successfully completes an approved driver
 22 24 education course at a private or commercial driver education
 22 25 school licensed by the department of transportation, shall
 22 26 likewise be eligible for a driver's license as provided in
 22 27 section 321.180B or 321.194.
 22 28    Sec. 34.  Section 321.375, subsection 1, paragraph d, Code
 22 29 2001, is amended by striking the paragraph and inserting in
 22 30 lieu thereof the following:
 22 31    d.  Possess a current certificate of qualification for
 22 32 operation of a commercial motor vehicle issued by a physician
 22 33 licensed pursuant to chapter 148 or 150A, physician's
 22 34 assistant, advanced registered nurse practitioner, or
 22 35 chiropractor or any other person identified by federal and
 23  1 state law as authorized to perform physical examinations.
 23  2    Sec. 35.  Section 321.375, subsection 2, paragraph c, Code
 23  3 2001, is amended to read as follows:
 23  4    c.  Fraud in the procurement or renewal of a school bus
 23  5 driver's permit authorization to operate a school bus.
 23  6    Sec. 36.  Section 321.376, Code 2001, is amended to read as
 23  7 follows:
 23  8    321.376  LICENSE – PERMIT AUTHORIZATION – INSTRUCTION
 23  9 REQUIREMENT.
 23 10    1.  The driver of a school bus shall hold a driver's
 23 11 license issued by the department of transportation valid for
 23 12 the operation of the school bus and shall hold a school bus
 23 13 driver's permit issued by the department of education when
 23 14 transporting student or adult passengers to or from school
 23 15 activities.  The department of education shall charge a fee
 23 16 for the issuance of a school bus driver's permit in the amount
 23 17 of five dollars, which shall be deposited in the general fund
 23 18 of the state a certificate of qualification for operation of a
 23 19 commercial motor vehicle issued by a physician licensed
 23 20 pursuant to chapter 148 or 150A, physician's assistant,
 23 21 advanced registered nurse practitioner, or chiropractor or any
 23 22 other person identified by federal and state law as authorized
 23 23 to perform physical examinations, and shall successfully
 23 24 complete an approved course of instruction in accordance with
 23 25 subsection 2.  A person holding a temporary restricted license
 23 26 issued under chapter 321J shall be prohibited from operating a
 23 27 school bus.  The department of education shall revoke or
 23 28 refuse to issue a permit an authorization to operate a school
 23 29 bus to any person who, after notice and opportunity for
 23 30 hearing, is determined to have committed any of the acts
 23 31 proscribed under section 321.375, subsection 2.  The
 23 32 department of education shall recommend, and the state board
 23 33 of education shall adopt under chapter 17A, rules and
 23 34 procedures for the revocation and issuance of permits to
 23 35 persons issuing and revoking authorization to operate a school
 24  1 bus in this state.  Rules and procedures adopted shall
 24  2 include, but are not limited to, provisions for the revocation
 24  3 of, or refusal to issue, permits authorization to persons who
 24  4 are determined to have committed any of the acts proscribed
 24  5 under section 321.375, subsection 2.
 24  6    2.  A person applying for employment or employed as a
 24  7 school bus driver shall successfully complete a department of
 24  8 education approved course of instruction for school bus
 24  9 drivers before or within the first six months of employment
 24 10 and at least every twenty-four months thereafter.  If an
 24 11 employee fails to provide an employer with a certificate of
 24 12 completion of the required school bus driver's course, the
 24 13 driver's employer shall report the failure to the department
 24 14 of education and the employee's authorization to operate a
 24 15 school bus driver's permit shall be revoked.  The department
 24 16 of education shall send notice of the revocation of the
 24 17 employee's permit to both the employee and the employer.  A
 24 18 person whose school bus driver's permit authorization has been
 24 19 revoked under this section shall not be issued another school
 24 20 bus driver's permit authorization until certification of the
 24 21 completion of an approved school bus driver's course is
 24 22 received by the department of education.
 24 23    3.  The department of education shall submit an annual
 24 24 budget request, separately from the department's annual
 24 25 operating budget request, in an amount not to exceed the
 24 26 amount collected by the department for the issuance of annual
 24 27 school bus driver permits.  Funds requested shall be
 24 28 designated for purposes of establishing and conducting
 24 29 approved courses of instruction for school bus drivers and for
 24 30 school bus passenger safety programs.  The department shall
 24 31 recommend rules for adoption by the state board of education
 24 32 relating to the assessment and collection of funds from the
 24 33 school bus driver fee and relating to distribution of funds
 24 34 for approved courses of instruction.
 24 35    Sec. 37.  Section 321J.22, subsection 2, paragraph d, Code
 25  1 2001, is amended to read as follows:
 25  2    d.  The department of education shall establish reasonable
 25  3 fees to defray the expense of obtaining classroom space,
 25  4 instructor salaries, and class materials for courses offered
 25  5 both by community colleges and by substance abuse treatment
 25  6 programs licensed under chapter 125, and for administrative
 25  7 expenses incurred by the department in implementing subsection
 25  8 5.
 25  9    Sec. 38.  Section 455A.19, subsection 1, unnumbered
 25 10 paragraph 1, Code Supplement 2001, is amended to read as
 25 11 follows:
 25 12    Upon receipt of any revenue, the director shall deposit the
 25 13 moneys in the Iowa resources enhancement and protection fund
 25 14 created pursuant to section 455A.18.  The first three hundred
 25 15 fifty thousand dollars of the funds received for deposit in
 25 16 the fund annually shall be allocated to the conservation
 25 17 education program board for the purposes specified in section
 25 18 256.34 455A.21.  One percent of the revenue receipts shall be
 25 19 deducted and transferred to the administration fund provided
 25 20 for in section 456A.17.  All of the remaining receipts shall
 25 21 be allocated to the following accounts:
 25 22    Sec. 39.  NEW SECTION.  455A.21  CONSERVATION EDUCATION
 25 23 PROGRAM BOARD.
 25 24    1.  A conservation education program board is created in
 25 25 the department.  The board shall have five members appointed
 25 26 as follows:
 25 27    a.  One member appointed by the director of the department
 25 28 of education.
 25 29    b.  One member appointed by the director of the department
 25 30 of natural resources.
 25 31    c.  One member appointed by the president of the Iowa
 25 32 association of county conservation boards.
 25 33    d.  One member appointed by the president of the Iowa
 25 34 association of naturalists.
 25 35    e.  One member appointed by the president of the Iowa
 26  1 conservation education council.
 26  2    2.  Section 69.16 does not apply to appointments made
 26  3 pursuant to this section.
 26  4    3.  The duties of the board are to revise and produce
 26  5 conservation education materials and to specify stipends to
 26  6 Iowa educators who participate in innovative conservation
 26  7 education programs approved by the board.  The board shall
 26  8 allocate the funds provided for under section 455A.19,
 26  9 subsection 1, for the educational materials and stipends.
 26 10    4.  The department shall administer the funds allocated to
 26 11 the conservation education program as provided in this
 26 12 section.
 26 13    Sec. 40.  Section 714.18, unnumbered paragraph 1, Code
 26 14 2001, is amended to read as follows:
 26 15    Except as otherwise provided in subsection 4, every person,
 26 16 firm, association, or corporation maintaining or conducting in
 26 17 Iowa any such course of instruction, by classroom instruction
 26 18 or by correspondence, or soliciting in Iowa the sale of such
 26 19 course, shall file with the director of the department of
 26 20 education secretary of state:
 26 21    Sec. 41.  Section 714.18, subsections 1 and 2, Code 2001,
 26 22 are amended to read as follows:
 26 23    1.  A continuous corporate surety bond to the state of Iowa
 26 24 in the sum of fifty thousand dollars conditioned for the
 26 25 faithful performance of all contracts and agreements with
 26 26 students made by such person, firm, association, or
 26 27 corporation, or their salespersons; but the aggregate
 26 28 liability of the surety for all breaches of the conditions of
 26 29 the bond shall not exceed the sum of the bond.  The surety on
 26 30 the bond may cancel the bond upon giving thirty days' written
 26 31 notice to the director of the department of education
 26 32 secretary of state and thereafter shall be relieved of
 26 33 liability for any breach of condition occurring after the
 26 34 effective date of the cancellation.
 26 35    2.  A statement designating a resident agent for the
 27  1 purpose of receiving service in civil actions.  In the absence
 27  2 of such designation, service may be had upon the director of
 27  3 the department of education secretary of state if service
 27  4 cannot otherwise be made in this state.
 27  5    Sec. 42.  Section 714.18, subsection 4, Code 2001, is
 27  6 amended to read as follows:
 27  7    4.  A school licensed under the provisions of section 157.8
 27  8 or 158.7 shall file with the director of the department of
 27  9 education secretary of state:
 27 10    a.  A continuous corporate surety bond to the state of Iowa
 27 11 in the sum of fifty thousand dollars or ten percent of the
 27 12 total annual tuition collected, whichever is less, conditioned
 27 13 for the faithful performance of all contracts and agreements
 27 14 with students made by such school.  A school desiring to file
 27 15 a surety bond based on a percentage of annual tuition shall
 27 16 provide to the director of the department of education
 27 17 secretary of state, in the form prescribed by the director
 27 18 secretary, a notarized statement attesting to the total amount
 27 19 of tuition collected in the preceding twelve-month period.
 27 20 The director secretary shall determine the sufficiency of the
 27 21 statement and the amount of the bond.  Tuition information
 27 22 submitted pursuant to this paragraph shall be kept
 27 23 confidential.
 27 24    If the school has filed a performance bond with an agency
 27 25 of the United States government pursuant to federal law, the
 27 26 director of the department of education secretary of state
 27 27 shall reduce the bond required by this paragraph by an amount
 27 28 equal to the amount of the federal bond.
 27 29    The aggregate liability of the surety for all breaches of
 27 30 the conditions of the bond shall not exceed the sum of the
 27 31 bond.  The surety on the bond may cancel the bond upon giving
 27 32 thirty days' written notice to the director of the department
 27 33 of education secretary of state and thereafter shall be
 27 34 relieved of liability for any breach of condition occurring
 27 35 after the effective date of the cancellation.
 28  1    The director of the department of education secretary of
 28  2 state may accept a letter of credit from a bank in lieu of the
 28  3 corporate surety bond required by this paragraph.
 28  4    b.  The statement required in subsection 2.
 28  5    c.  The materials required in subsection 3.
 28  6    Sec. 43.  Section 714.22, subsection 1, Code 2001, is
 28  7 amended to read as follows:
 28  8    1.  File a bond or a bond is filed on their behalf by a
 28  9 parent corporation with the director of the department of
 28 10 education secretary of state as required by section 714.18.
 28 11    Sec. 44.  Sections 256.34, 260C.70, 301.29, and 301.30,
 28 12 Code 2001, are repealed.
 28 13    Sec. 45.  WHOLE-GRADE SHARING AGREEMENT DEADLINE WAIVER.
 28 14 Notwithstanding sections 282.10 and 282.11, the department of
 28 15 education may, at the department's discretion, waive any of
 28 16 the deadline requirements of sections 282.10 and 282.11,
 28 17 relating to the signing of a whole-grade sharing agreement by
 28 18 the boards of two or more school districts involved in the
 28 19 agreement and the public notice and hearing requirements, if
 28 20 one of the districts involved in the agreement has an
 28 21 enrollment of less than two hundred.  This section is repealed
 28 22 July 1, 2002.
 28 23    Sec. 46.  EFFECTIVE DATE.  Section 16 of this Act, amending
 28 24 section 275.23A, subsection 2, being deemed of immediate
 28 25 importance, takes effect upon enactment.
 28 26    Sec. 47.  EFFECTIVE DATES – APPLICABILITY.
 28 27    1.  Sections 9 and 10 of this Act, relating to the date of
 28 28 adoption of a budget adjustment resolution and notification of
 28 29 that adoption, being deemed of immediate importance, take
 28 30 effect upon enactment and apply retroactively for budget
 28 31 adjustment notification for the school budget year beginning
 28 32 July 1, 2002.
 28 33    2.  Section 45 of this Act, relating to a waiver for whole-
 28 34 grade sharing agreement deadlines, being deemed of immediate
 28 35 importance, takes effect upon enactment and applies from the
 29  1 date of enactment to June 30, 2002.
 29  2    Sec. 48.  FUTURE EFFECTIVE DATE.  The section of this Act
 29  3 amending section 321.375, subsection 1, paragraph "d", Code
 29  4 2001, takes effect July 1, 2003.  
 29  5 
 29  6 
 29  7                                                             
 29  8                               BRENT SIEGRIST
 29  9                               Speaker of the House
 29 10 
 29 11 
 29 12                                                             
 29 13                               MARY E. KRAMER
 29 14                               President of the Senate
 29 15 
 29 16    I hereby certify that this bill originated in the House and
 29 17 is known as House File 2515, Seventy-ninth General Assembly.
 29 18 
 29 19 
 29 20                                                             
 29 21                               MARGARET THOMSON
 29 22                               Chief Clerk of the House
 29 23 Approved                , 2002
 29 24 
 29 25 
 29 26                            
 29 27 THOMAS J. VILSACK
 29 28 Governor
     
Text: HF02514                           Text: HF02516
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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