Text: HSB00215 Text: HSB00217 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 256.7, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 25. Adopt such rules as necessary to 1 4 ensure that not-for-profit, professional teacher associations 1 5 that offer membership to all teachers, noninstructional 1 6 personnel, and administrators, and which offer teacher 1 7 training and staff development at no fee to a school district, 1 8 shall be given equal access to voluntary teacher meetings 1 9 sanctioned by the school district and shall be provided access 1 10 to teacher mailboxes for distribution of professional 1 11 literature. 1 12 Sec. 2. Section 256.11, unnumbered paragraph 1, Code 2001, 1 13 is amended to read as follows: 1 14 The state board shall adopt rules under chapter 17A and a 1 15 procedure for accrediting all public and nonpublic schools in 1 16 Iowa offering instruction at any or all levels from the 1 17 prekindergarten level through grade twelve. The rules of the 1 18 state board shall require that a multicultural,nonsexist1 19 gender fair approach is used by schools and school districts. 1 20 The educational program shall be taught from a multicultural, 1 21nonsexistgender fair approach. Global perspectives shall be 1 22 incorporated into all levels of the educational program. 1 23 Sec. 3. Section 256.11, subsection 7, paragraph c, Code 1 24 2001, is amended to read as follows: 1 25 c.Programs for at-riskAt-risk students.Rules adopted1 26by the state board to implement this paragraph shall be based1 27upon the definition of at-risk student developed by the child1 28coordinating council established in section 256A.2 and the1 29department of education, and the state board shall consider1 30the recommendations of the child coordinating council and the1 31department in developing the rules.1 32 Sec. 4. Section 256.11, subsection 10, unnumbered 1 33 paragraph 2, Code 2001, is amended to read as follows: 1 34 Phase I shall consist of annual monitoring by the 1 35 department of education of all accredited schools and school 2 1 districts for compliance with accreditation standards adopted 2 2 by the state board of education as provided in this section. 2 3 The phase I monitoring requires that accredited schools and 2 4 school districts annually complete accreditation compliance 2 5 forms adopted by the state board and file them with the 2 6 department of education. Phase I monitoring requires a 2 7 comprehensive desk audit of all accredited schools and school 2 8 districts including review of accreditation compliance forms, 2 9 accreditation visit reports, methods of administration 2 10 reports, and reports submitted in compliance withsections2 11 section 256.7, subsection 21, paragraph "a", and section 2 12 280.12and 280.18. 2 13 Sec. 5. Section 256A.4, subsection 1, unnumbered paragraph 2 14 2, Code 2001, is amended to read as follows: 2 15 A family support program shall meet multiculturalnonsexist2 16 gender fair guidelines. The program shall encourage parents 2 17 to be aware of practices that may affect equitable development 2 18 of children. The program shall include parents in the 2 19 planning, implementation, and evaluation of the program. A 2 20 program shall be designed to meet the needs of the residents 2 21 of the participating district and may use unique approaches to 2 22 provide for those needs. The goals of a family support 2 23 program shall include, but are not limited to, the following: 2 24 Sec. 6. Section 256B.9, subsection 4, Code 2001, is 2 25 amended to read as follows: 2 26 4. OnDecemberOctober 1,19872001, and no later than 2 27DecemberOctober 1 every two years thereafter, for the school 2 28 year commencing the following July 1, the director of the 2 29 department of education shall report to the school budget 2 30 review committee the average costs of providing instruction 2 31 for children requiring special education in the categories of 2 32 the weighting plan established under this section, and for 2 33 providing services to nonpublic school students pursuant to 2 34 section 256.12, subsection 2, and the director of the 2 35 department of education shall make recommendations to the 3 1 school budget review committee for needed alterations to make 3 2 the weighting plan suitable for subsequent school years. The 3 3 school budget review committee shall establish the weighting 3 4 plan for each school year and shall report the plan to the 3 5 director of the department of education. The school budget 3 6 review committee may establish weights to the nearest 3 7 hundredth. The school budget review committee shall not alter 3 8 the weighting assigned to pupils in a regular curriculum, but 3 9 it may increase or decrease the weighting assigned to each 3 10 category of children requiring special education by not more 3 11 than two-tenths of the weighting assigned to pupils in a 3 12 regular curriculum. The state board of education shall adopt 3 13 rules under chapter 17A to implement the weighting plan for 3 14 each year and to assist in identification and proper indexing 3 15 of each child in the state who requires special education. 3 16 Sec. 7. Section 256D.7, subsection 1, Code 2001, is 3 17 amended to read as follows: 3 18 1. Commencing with the fiscal year beginning July 1, 2001, 3 19 each school district shall include,a technology planas a 3 20 component of the annual report submitted to the department of 3 21 education in accordance with section 256.7, subsection 21, 3 22 paragraphs "a" and "c", a progress report on the use of 3 23 technology.The plan shall be developed by licensedLicensed 3 24 professional staff of the district, including both teachers 3 25 and administrators, shall be responsible for implementation of 3 26 technology integration throughout the district.The plan3 27 Technology integration in the classroom shall, at a minimum, 3 28 focus on the attainment of student achievement goals on 3 29 academic and other core indicators,considerutilize the 3 30 district's interconnectivity with the Iowa communications 3 31 network, and demonstratehowtheboard will utilizeuse of 3 32 technology to improve student achievement.The technology3 33plan shall be kept on file in the district and a copy of the3 34plan, and any subsequent amendments to the plan, shall be sent3 35to the appropriate area education agency.4 1 Sec. 8. Section 257.6, subsection 3, unnumbered paragraph 4 2 1, Code 2001, is amended to read as follows: 4 3 A school district shall determine its additional enrollment 4 4 because of special education, as defined in this section, on 4 5DecemberOctober 1 of each year and shall certify its 4 6 additional enrollment because of special education to the 4 7 department of education byDecemberOctober 15 of each year, 4 8 and the department shall promptly forward the information to 4 9 the department of management. 4 10 Sec. 9. Section 257.6, subsection 5, unnumbered paragraph 4 11 1, Code 2001, is amended to read as follows: 4 12 Weighted enrollment is the budget enrollment plus the 4 13 district's additional enrollment because of special education 4 14 calculated onDecemberOctober 1 of the base year plus 4 15 additional pupils added due to the application of the 4 16 supplementary weighting. 4 17 Sec. 10. Section 257.18, subsection 1, Code 2001, is 4 18 amended to read as follows: 4 19 1. An instructional support program that provides 4 20 additional funding for school districts is established. A 4 21 board of directors that wishes to consider participating in 4 22 the instructional support program shall hold a public hearing 4 23 on the question of participation. The board shall set forth 4 24 its proposal, including the method that will be used to fund 4 25 the program, in a resolution and shall publish the notice of 4 26 the time and place of a public hearing on the resolution. 4 27 Notice of the time and place of the public hearing shall be 4 28 published not less than ten nor more than twenty days before 4 29 the public hearing either in a newspaper which is a newspaper 4 30 of general circulation in the school district, or by using 4 31 electronic means, such as the internet or public access 4 32 television, or using a school district newsletter, if the 4 33 electronic means or school district newsletter has been 4 34 designated as a means of official publication by the board. 4 35 At the hearing, or no later than thirty days after the date of 5 1 the hearing, the board shall take action to adopt a resolution 5 2 to participate in the instructional support program for a 5 3 period not exceeding five years or to direct the county 5 4 commissioner of elections to submit the question of 5 5 participation in the program for a period not exceeding ten 5 6 years to the registered voters of the school district at the 5 7 next regular school election or at a special election. If the 5 8 board submits the question at an election and a majority of 5 9 those voting on the question favors participation in the 5 10 program, the board shall adopt a resolution to participate and 5 11 certify the results of the election to the department of 5 12 management. 5 13 Sec. 11. Section 257.38, subsection 7, Code 2001, is 5 14 amended to read as follows: 5 15 7. Qualifications required of personneladministering5 16 delivering the program. 5 17 Sec. 12. Section 257B.5, Code 2001, is amended to read as 5 18 follows: 5 19 257B.5 NOTICE – SALE. 5 20 When the board of supervisors shall offer for sale the 5 21 sixteenth section or lands selected in lieu thereof, or any 5 22 portion of the same, or any part of the five-hundred-thousand- 5 23 acre grant, the county auditor shall give at least forty days' 5 24 notice, by written or printed notices posted in five public 5 25 places in the county, two of which shall be in the township in 5 26 which the land to be sold is situated, and alsopublishby 5 27 either publishing a notice ofsaidthe sale once each week for 5 28 two weeks preceding thesamesale in a newspaper published in 5 29 the county, describingor by using electronic means, such as 5 30 the internet or public access television, or using a school 5 31 district newsletter, if the electronic means or school 5 32 district newsletter has been designated as a means of official 5 33 publication by the board. The notice shall describe the land 5 34 to be sold and the time and place of such sale. At such time 5 35 and place, or at such other time and place as the sale may be 6 1 adjourned to, the county auditor shall offer to the highest 6 2 bidder, subject to the provisions of this chapter, and sell, 6 3 either for cash or one-third cash and the balance on a credit 6 4 not exceeding ten years, with interest on the same at the rate 6 5 of not less than three and one-half percent per annum, to be 6 6 paid at the office of the county treasurer of said county on 6 7 the first day of January in each year, delinquent interest to 6 8 bear the same rate as the principal.SuchThe county 6 9 treasurer shall pay to the state treasurer on the first day of 6 10 February all interest collected. 6 11 Sec. 13. Section 275.14, unnumbered paragraph 1, Code 6 12 2001, is amended to read as follows: 6 13 Within ten days after the petition is filed, the area 6 14 education agency administrator shall fix a final date for 6 15 filing objections to the petition which shall be not more than 6 16 sixty days after the petition is filed and shall fix the date 6 17 for a hearing on the objections to the petition. Objections 6 18 shall be filed in the office of the administrator who shall 6 19 give notice at least ten days prior to the final day for 6 20 filing objections, by one publication in a newspaper published 6 21 within the territory described in the petition,orif none is6 22published in the territory,in a newspaper of general 6 23 circulation published in the county where the petition is 6 24 filed,and of general circulation in the territory described6 25 or by using electronic means, such as the internet or public 6 26 access television, or using a school district newsletter, if 6 27 the electronic means or school district newsletter has been 6 28 designated as a means of official publication by the board. 6 29 The notice shall also list the date, time, and location for 6 30 the hearing on the petition as provided in section 275.15. 6 31 The cost of publication shall be assessed to each district 6 32 whose territory is involved in the ratio that the number of 6 33 pupils in basic enrollment for the budget year, as defined in 6 34 section 257.6 in each district bears to the total number of 6 35 pupils in basic enrollment for the budget year in the total 7 1 area involved. Objections shall be in writing in the form of 7 2 an affidavit and may be made by any person residing or owning 7 3 land within the territory described in the petition, or who 7 4 would be injuriously affected by the change petitioned for and 7 5 shall be on file not later than twelve o'clock noon of the 7 6 final day fixed for filing objections. 7 7 Sec. 14. Section 275.15, unnumbered paragraph 4, Code 7 8 2001, is amended to read as follows: 7 9 The administrator shall at once publish the decision in the 7 10 same newspaperin whichor by using the same electronic means 7 11 used to publish the original noticewas published. Within 7 12 twenty days after the publication, the decision rendered by 7 13 the area education agency board may be appealed to the 7 14 district court in the county involved by any school district 7 15 affected. For purposes of appeal, only those school districts 7 16 who filed reorganization petitions are school districts 7 17 affected. An appeal from a decision of an area education 7 18 agency board or joint area education agency boards under 7 19 section 275.4, 275.16, or this section is subject to appeal 7 20 procedures under this chapter and is not subject to appeal 7 21 under chapter 290. 7 22 Sec. 15. Section 275.16, unnumbered paragraph 2, Code 7 23 2001, is amended to read as follows: 7 24 Votes of each member of an area education agency board in 7 25 attendance shall be weighted so that the total number of votes 7 26 eligible to be cast by members of each board in attendance 7 27 shall be equal. However, if the joint boards cast a tie vote 7 28 and are unable to agree to a decision fixing the boundaries 7 29 for the proposed school corporation or to a decision to 7 30 dismiss the petition, the time during which actions must be 7 31 taken under section 275.15 shall be extended from ten days to 7 32 fifteen days after the conclusion of the hearing under section 7 33 275.15, and the joint board shall reconvene not less than ten 7 34 and not more than fifteen days after the conclusion of the 7 35 hearing. At the hearing the joint board shall reconsider its 8 1 action and if a tie vote is again cast it is a decision 8 2 granting the petition and changing the plans of any and all of 8 3 the agency boards affected by the petition and fixing the 8 4 boundaries for the proposed school corporation. The agency 8 5 administrator shall at once publish the decision in the same 8 6 newspaperin which, or by using the same electronic means, 8 7 used to publish the original noticewas published. 8 8 Sec. 16. Section 275.18, unnumbered paragraph 2, Code 8 9 2001, is amended to read as follows: 8 10 The county commissioner of elections shall give notice of 8 11 the election by one publication in the same newspaper,in8 12whichor by using the same electronic means, used to publish 8 13 previous noticeshave been publishedregarding the proposed 8 14 school reorganization, and in addition, if more than one 8 15 county is involved, by one publication in a legal newspaper in 8 16 each county other than that of the first publication, or by 8 17 using the same electronic means used to publish previous 8 18 notices. The publication shall be not less than four nor more 8 19 than twenty days prior to the election. If the decision 8 20 published pursuant to section 275.15 or 275.16 includes a 8 21 description of the proposed school corporation and a 8 22 description of the director districts, if any, the notice for 8 23 election and the ballot do not need to include these 8 24 descriptions. Notice for an election shall not be published 8 25 until the expiration of time for appeal, which shall be the 8 26 same as that provided in section 275.15 or 275.16, whichever 8 27 is applicable; and if there is an appeal, not until the appeal 8 28 has been disposed of. 8 29 Sec. 17. Section 275.54, unnumbered paragraph 1, Code 8 30 2001, is amended to read as follows: 8 31 Within ten days following the filing of the dissolution 8 32 proposal with the board, the board shall fix a date for a 8 33 hearing on the proposal which shall not be more than sixty 8 34 days after the dissolution petition was filed with the board. 8 35 The board shall publish notice of the date, time, and location 9 1 of the hearing at least ten days prior to the date of the 9 2 hearing by one publication in a newspaper in general 9 3 circulation in the district or by using electronic means, such 9 4 as the internet or public access television, or using a school 9 5 district newsletter, if the electronic means or school 9 6 district newsletter has been designated as a means of official 9 7 publication by the board. The notice shall include the 9 8 content of the dissolution proposal. A person residing or 9 9 owning land in the school district may present evidence and 9 10 arguments at the hearing. The president of the board shall 9 11 preside at the hearing. The board shall review testimony from 9 12 the hearing and shall adopt or amend and adopt the dissolution 9 13 proposal. The board shall notify by registered mail the 9 14 boards of directors of all school districts to which area of 9 15 the affected school district will be attached and the director 9 16 of the department of education of the contents of the 9 17 dissolution proposal adopted by the board. If the board of a 9 18 district to which area of the affected school district will be 9 19 attached objects to the attachment, that portion of the 9 20 dissolution proposal will not be included in the proposal 9 21 voted upon under section 275.55 and the director of the 9 22 department of education shall attach the area to a contiguous 9 23 school district. If the board of a district to which area of 9 24 the affected school district will be attached objects to the 9 25 division of assets and liabilities contained in the 9 26 dissolution proposal, section 275.30 applies for the division 9 27 of assets and liabilities to that district. 9 28 Sec. 18. Section 275.55, unnumbered paragraph 2, Code 9 29 2001, is amended to read as follows: 9 30 The board shall give written notice of the proposed date of 9 31 the election to the county commissioner of elections. The 9 32 proposed date shall be pursuant to section 39.2, subsections 1 9 33 and 2 and section 47.6, subsections 1 and 2. The county 9 34 commissioner of elections shall give notice of the election by 9 35 one publication in the same newspaperin whichor by using the 10 1 same electronic means, used to publish the previous noticewas10 2publishedabout the hearing, which publication shall not be 10 3 less than four nor more than twenty days prior to the 10 4 election. 10 5 Sec. 19. Section 278.1, unnumbered paragraph 3, Code 2001, 10 6 is amended to read as follows: 10 7 Before entering into a rental or lease-purchase option 10 8 contract, authorized by the electors, the board shall first 10 9 adopt plans and specifications for a building or buildings 10 10 which it considers suitable for the intended use and also 10 11 adopt a form of rental or lease-purchase option contract. The 10 12 board shall then invite bids thereon, by advertisement 10 13 published once each week for two consecutive weeks, in a 10 14 newspaper published in the county in which the building or 10 15 buildings are to be located,and theor by using electronic 10 16 means, such as the internet or public access television, or 10 17 using a school district newsletter, if the electronic means or 10 18 school district newsletter has been designated as a means of 10 19 official publication by the board. The rental or lease- 10 20 purchase option contract shall be awarded to the lowest 10 21 responsible bidder, but the board may reject any and all bids 10 22 and advertise for new bids. 10 23 Sec. 20. Section 279.13, subsection 1, unnumbered 10 24 paragraph 2, Code 2001, is amended to read as follows: 10 25 The contract is invalid if the teacher is under contract 10 26 with another board of directors to teach during the same time 10 27 period until a release from the other contract is achieved. 10 28 The contract shall be signed by the president of the board, or 10 29 by the superintendent if the board has adopted a policy 10 30 authorizing the superintendent to sign teaching contracts, 10 31 when tendered, and after it is signed by the teacher, the 10 32 contract shall be filed with the secretary of the board before 10 33 the teacher enters into performance under the contract. 10 34 Sec. 21. Section 279.36, Code 2001, is amended to read as 10 35 follows: 11 1 279.36 PUBLICATION PROCEDURES AND FEE. 11 2 The requirements of section 279.35 are satisfied by 11 3 publication in at least one newspaper published in the 11 4 district or, if there is none, in at least one newspaper 11 5 having general circulation within the district, or by using 11 6 electronic means, such as the internet or public access 11 7 television, or using a school district newsletter, if the 11 8 electronic means or school district newsletter has been 11 9 designated as a means of official publication by the board. 11 10For the fiscal year beginning July 1, 1987, the fee for11 11publications required under section 279.35 shall not exceed11 12three-fifths of the legal publication fee provided by statute11 13for the publication of legal notices. For the fiscal year11 14beginning July 1, 1988, the fee for the publications shall not11 15exceed three-fourths of that legal publication fee.For the 11 16 fiscal year beginning July 1,19892001, and each fiscal year 11 17 thereafter, the fee for the publications shall be the legal 11 18 publication fee providedby statuteunder section 618.11. 11 19 Sec. 22. Section 279.48, subsection 3, Code 2001, is 11 20 amended to read as follows: 11 21 3. Before entering into a loan agreement for an equipment 11 22 purchase, the school corporation must publish a notice, 11 23 including a statement of the amount and purpose of the 11 24 agreement, at least once and at least ten days before the 11 25 meeting at which the loan agreement is to be approved, in a 11 26 newspaper of general circulation within the school corporation 11 27at least ten days before the meeting at which the loan11 28agreement is to be approvedor by using electronic means, such 11 29 as the internet or public access television, or using a school 11 30 district newsletter, if the electronic means or school 11 31 district newsletter has been designated as a means of official 11 32 publication by the board. 11 33 Sec. 23. Section 280.9, unnumbered paragraph 1, Code 2001, 11 34 is amended to read as follows: 11 35 The board of directors of each local public school district 12 1 and the authorities in charge of each nonpublic school shall 12 2 incorporate into the educational program, in accordance with 12 3 section 256.7, subsection 21, paragraph "a", the total concept 12 4 of career education to enable students to become familiar with 12 5 the values of a work-oriented society. Curricular and 12 6 cocurricular teaching-learning experiences from the 12 7 prekindergarten level through grade twelve shall be provided 12 8 for all students currently enrolled in order to develop an 12 9 understanding that employment may be meaningful and 12 10 satisfying. However, career education does not mean a 12 11 separate vocational-technical program is required. A 12 12 vocational-technical program includes units or partial units 12 13 in subjects which have as their purpose to equip students with 12 14 marketable skills. 12 15 Sec. 24. Section 280.12, Code 2001, is amended by striking 12 16 the section and inserting in lieu thereof the following: 12 17 280.12 SCHOOL IMPROVEMENT ADVISORY COMMITTEE. 12 18 The board of directors of each public school district and 12 19 the authorities in charge of each nonpublic school shall do 12 20 the following: 12 21 1. Appoint a school improvement advisory committee to make 12 22 recommendations to the board or authorities. The advisory 12 23 committee shall consist of members representing students, 12 24 parents, teachers, administrators, and representatives from 12 25 the local community, which may include representatives of 12 26 business, industry, labor, community agencies, higher 12 27 education, or other community constituents. To the extent 12 28 possible, committee membership shall have balanced 12 29 representation with regard to race, gender, national origin, 12 30 and disability. 12 31 2. Utilize the recommendations from the school improvement 12 32 advisory committee to determine the following: 12 33 a. Major educational needs. 12 34 b. Student learning goals. 12 35 c. Long-range and annual improvement goals that include, 13 1 but are not limited to, the state indicators that address 13 2 reading, mathematics, and science achievement. 13 3 d. Desired levels of student performance. 13 4 e. Progress toward meeting the goals set out in paragraphs 13 5 "b" through "d". 13 6 Sec. 25. Section 280.19, Code 2001, is amended to read as 13 7 follows: 13 8 280.19 PLANS FOR AT-RISK CHILDREN. 13 9 The board of directors of each public school district shall 13 10 incorporate, into the kindergarten admissions program, 13 11 criteria and procedures for identification and integration of 13 12 at-risk children and their developmental needs. This 13 13 incorporation shall be part of the comprehensive school 13 14 improvement plan developed and implemented in accordance with 13 15 section 256.7, subsection 21, paragraphs "a" and "c". 13 16 Sec. 26. Section 285.12, Code 2001, is amended to read as 13 17 follows: 13 18 285.12 DISPUTES – HEARINGS AND APPEALS. 13 19 In the event of a disagreement between a school patron and 13 20 the board of the school district, the patron if dissatisfied 13 21 with the decision of the district board, may appeal the same 13 22 to the area education agency board, notifying the secretary of 13 23 the district in writing within ten days of the decision of the 13 24 board and by filing an affidavit of appeal with the agency 13 25 board within the ten-day period. The affidavit of appeal 13 26 shall include the reasons for the appeal and points at issue. 13 27 The secretary of the local board on receiving notice of appeal 13 28 shall certify all papers to the agency board which shall hear 13 29 the appeal within ten days of the receipt of the papers and 13 30 decide it within three days of the conclusion of the hearing 13 31 and shall immediately notify all parties of its decision. 13 32 Either party may appeal the decision of the agency board to 13 33 the director of the department of education by notifying the 13 34 opposite party and the agency administrator in writing within 13 35 five days after receipt of notice of the decision of the 14 1 agency board andshall fileby filing with the director of the 14 2 department of education an affidavit of appeal, reasons for 14 3 appeal, and the facts involved in the disagreement within five 14 4 days after receipt of notice of the decision of the agency 14 5 board. The agency administrator shall, within ten days of 14 6 said notice, file with the director all records and papers 14 7 pertaining to the case, including action of the agency board. 14 8 The director shall hear the appeal within fifteen days of the 14 9 filing of the records in the director's office, notifying all 14 10 parties and the agency administrator of the time of hearing. 14 11 The director shall forthwith decide the same and notify all 14 12 parties of the decision and return all papers with a copy of 14 13 the decision to the agency administrator. The decision of the 14 14 director shall be subject to judicial review in accordance 14 15 with the terms of the Iowa administrative procedure Act. 14 16 Pending final order made by the director, upon any appeal 14 17 prosecuted to such director, the order of the agency board 14 18 from which the appeal is taken shall be operative and be in 14 19 full force and effect. 14 20 Sec. 27. Section 297.22, subsection 1, unnumbered 14 21 paragraphs 3 and 4, Code 2001, are amended to read as follows: 14 22 Before the board of directors may sell, lease for a period 14 23 in excess of one year, or dispose of any property belonging to 14 24 the school, the board shall hold a public hearing on the 14 25 proposal. The board shall set forth its proposal in a 14 26 resolution and shall publish notice of the time and the place 14 27 of the public hearing on the resolution. The notice shall 14 28 also describe the property. A locally known address for real 14 29 property may be substituted for a legal description of real 14 30 property contained in the resolution. Notice of the time and 14 31 place of the public hearing shall be published at least once 14 32 not less than ten days but not more than twenty days prior to 14 33 the date of the hearing in a newspaper of general circulation 14 34 in the district or by using electronic means, such as the 14 35 internet or public access television, or using a school 15 1 district newsletter, if the electronic means or school 15 2 district newsletter has been designated as a means of official 15 3 publication by the board. After the public hearing, the board 15 4 may make a final determination on the proposal contained in 15 5 the resolution. 15 6 However, property having a value of not more than five 15 7 thousand dollars, other than real property, may be disposed of 15 8 by any procedure which is adopted by the board and each sale 15 9 shall be published by at least one insertion each week for two 15 10 consecutive weeks in a newspaper having general circulation in 15 11 the district or by using electronic means, as set forth in 15 12 this subsection. 15 13 Sec. 28. Section 299A.8, Code 2001, is amended to read as 15 14 follows: 15 15 299A.8 DUAL ENROLLMENT. 15 16 If a parent, guardian, or legal custodian of a child who is 15 17 receiving competent private instruction under this chapter 15 18 submits a request, the child shall also be registered in a 15 19 public school for dual enrollment purposes. If the child is 15 20 enrolled in a public school district for dual enrollment 15 21 purposes, the child shall be permitted to participate in any 15 22 academic activities in the district and shall also be 15 23 permitted to participate on the same basis as public school 15 24 children in any extracurricular activities available to 15 25 children in the child's grade or group, and the parent, 15 26 guardian, or legal custodian shall not be required to pay the 15 27 costs of any annual evaluation under this chapter. If the 15 28 child is enrolled for dual enrollment purposes, the child 15 29 shall be included in the public school's basic enrollment 15 30 under section 257.6. A pupil enrolled in grades nine through 15 31 twelve under this section shall be counted in the same manner 15 32 as a shared-time pupil under section 257.6, subsection 1, 15 33 paragraph "c". 15 34 Sec. 29. Section 321.194, subsection 1, paragraph b, 15 35 unnumbered paragraph 1, Code 2001, is amended to read as 16 1 follows: 16 2 Each application shall be accompanied by a statement from 16 3 the school board, superintendent, or principal, if authorized 16 4 by the superintendent, of the applicant's school. The 16 5 statement shall be upon a form provided by the department. 16 6 The school board, superintendent, or principal, if authorized 16 7 by the superintendent, shall certify that a need exists for 16 8 the license and that the board, superintendent,and aor 16 9 principal authorized by the superintendent are not responsible 16 10 for actions of the applicant which pertain to the use of the 16 11 driver's license.The department of education shall adopt16 12rules establishing criteria for issuing a statement of16 13necessity.Upon receipt of a statement of necessity, the 16 14 department shall issue the driver's license. The fact that 16 15 the applicant resides at a distance less than one mile from 16 16 the applicant'sschoolsschool of enrollment is prima facie 16 17 evidence of the nonexistence of necessity for the issuance of 16 18 a license. The student may appeal to the school board the 16 19 decision of the superintendent, or principal if authorized by 16 20 the superintendent, to deny certification that a need exists 16 21 for a license. The decision of the school board is final. 16 22 The driver's license shall not be issued for purposes of 16 23 attending a public school in a school district other than 16 24 either of the following: 16 25 Sec. 30. Sections 256.40 through 256.43, 258.7, 258.8, and 16 26 280.18, Code 2001, are repealed. 16 27 EXPLANATION 16 28 This bill makes the following statutory revisions relating 16 29 to the department of education, school districts, and area 16 30 education agencies. 16 31 Code section 256.7, new subsection 25: Requires the state 16 32 board of education to adopt rules to ensure that not-for- 16 33 profit, professional teacher associations be given equal 16 34 access to voluntary teacher meetings sanctioned by the school 16 35 district and be provided access to teacher mailboxes for 17 1 distribution of professional literature. 17 2 Code section 256.11, unnumbered paragraph 1, and Code 17 3 section 256A.4, subsection 1, unnumbered paragraph 2: Require 17 4 the state board of education to adopt rules that require 17 5 accredited schools and school districts to teach from and use 17 6 a gender fair approach. Currently, the Code requires that the 17 7 approach and teaching be "nonsexist". The bill provides for a 17 8 conforming amendment in the child development assistant Act, 17 9 Code chapter 256A. 17 10 Code section 256.11, subsection 7: Strikes language that 17 11 requires the state board of education to adopt rules providing 17 12 that the educational program that each school and accredited 17 13 nonpublic school must provide to at-risk students be based on 17 14 the child development coordinating council's definition of 17 15 "at-risk student". 17 16 Code section 256.11, subsection 10, unnumbered paragraph 2; 17 17 Code section 280.9, unnumbered paragraph 1; and Code sections 17 18 280.12, 280.18, and 280.19: Make changes regarding the 17 19 comprehensive school improvement plan. In 1998, a new 17 20 provision was added to the Code with the enactment of H.F. 17 21 2272. The new provision, Code section 256.7, subsection 21, 17 22 required the state board of education to adopt rules 17 23 incorporating accountability for student achievement into the 17 24 standards and accreditation process, and required that all 17 25 school districts and accredited nonpublic schools develop, 17 26 implement, and file with the department a comprehensive school 17 27 improvement plan, develop core academic indicators, and report 17 28 progress to the department and the local community. Prior to 17 29 the enactment of H.F. 2272, Code requirements relating to 17 30 student achievement goals, school district advisory 17 31 committees, and assessment reports submitted to the department 17 32 were contained in Code sections 280.12 and 280.18. The bill 17 33 repeals Code section 280.18, which requires school districts 17 34 to adopt goals to improve student achievement and performance 17 35 and transmit a plan for achieving its goals to the department 18 1 of education, along with a periodic assessment for use 18 2 determining whether its goals have been achieved. Currently, 18 3 accredited nonpublic schools must also comply with the 18 4 requirements of Code sections 280.12 and 280.18. The language 18 5 of Code section 280.12, which requires school districts to 18 6 determine educational needs, develop goals, evaluate and 18 7 report progress, and requires the local board to appoint an 18 8 advisory committee to make recommendations, is struck and 18 9 replaced. The new language also requires accredited schools 18 10 and school districts to appoint a school improvement advisory 18 11 committee to make recommendations to the board or authorities, 18 12 and provides for local representation on the committee. The 18 13 schools are required to utilize the recommendations of the 18 14 committee to determine the major educational needs, student 18 15 learning goals, long-range and annual improvement goals, 18 16 desired levels of student performance, and progress toward 18 17 meeting the goals. The bill replaces references to Code 18 18 section 280.18 with references to the appropriate goal-related 18 19 or reporting-related paragraphs of Code section 256.7, 18 20 subsection 21. The bill also requires that school districts 18 21 incorporate into their comprehensive school improvement plan 18 22 the criteria and procedures for identification and integration 18 23 of at-risk children that districts have incorporated into 18 24 their kindergarten admissions programs. 18 25 Code section 256B.9, subsection 4; 257.6, subsection 3, 18 26 unnumbered paragraph 1; and 257.6, subsection 5: Change the 18 27 date of the enrollment count for children requiring special 18 28 education from December 1 to October 1, and make the same 18 29 change to the date by which the director of the department of 18 30 education must report to the school budget review committee 18 31 the average costs of providing instruction for children 18 32 requiring special education. 18 33 Code section 256D.7, subsection 1: Amends a Code provision 18 34 that requires a school district that receives school 18 35 improvement technology block grant moneys to submit a progress 19 1 report to the department on its use of technology, and 19 2 requires licensed professional staff of the district to be 19 3 responsible for technology integration throughout the 19 4 district. Currently, the provision requires that each 19 5 participating school district submit a technology plan 19 6 developed by the district's licensed professional staff. 19 7 Code section 257.18, subsection 1; 257B.5; 275.14, 19 8 unnumbered paragraph 1; 275.15, unnumbered paragraph 4; 19 9 275.16, unnumbered paragraph 2; 275.18, unnumbered paragraph 19 10 2; 275.54, unnumbered paragraph 1; 275.55, unnumbered 19 11 paragraph 2; 278.1, subsection 9, unnumbered paragraph 3; 19 12 279.36; 279.48, subsection 3; and 297.22, subsection 1, 19 13 unnumbered paragraph 3: Provide an option to school 19 14 districts, and to area education agencies involved in a school 19 15 reorganization, to allow notices that are required to be 19 16 published in a local newspaper to instead be published using 19 17 electronic means, such as the internet or public access 19 18 television, or using a school district newsletter, if the 19 19 electronic means or newsletter has been designated as a means 19 20 of official publication by a school board. 19 21 Code section 257.38, subsection 7: Requires the boards of 19 22 school districts requesting to use additional allowable growth 19 23 for programs for returning dropouts and dropout prevention to 19 24 include in their program plans the qualifications required of 19 25 personnel delivering the program. Currently, the plans must 19 26 include the qualifications of personnel administering the 19 27 program. 19 28 Code section 279.13, subsection 1, unnumbered paragraph 2: 19 29 Permits a school district to adopt a policy authorizing the 19 30 superintendent of a district to sign teachers' contracts, in 19 31 lieu of the current requirement that limits the authorization 19 32 to the president of the board. 19 33 Code section 285.12: Provides that when a school patron or 19 34 school district board is dissatisfied with the decision of an 19 35 area education agency board regarding school transportation, 20 1 the decision may be appealed to the director of the department 20 2 of education by filing, within five days after receipt of 20 3 notice of the decision of the agency board, an affidavit of 20 4 appeal, reasons for appeal, and the facts involved in the 20 5 disagreement. 20 6 Code section 299A.8: Provides shared-time weighting for 20 7 all students in grades nine through 12 who are dual enrolled. 20 8 Dual enrolled students are currently counted as one-tenth of 20 9 one pupil. Shared-time students are counted in the proportion 20 10 that the time for which they are enrolled or receive 20 11 instruction for the school year is to the time that full-time 20 12 pupils are enrolled. 20 13 Code section 321.194, subsection 1, paragraph "b", 20 14 unnumbered paragraph 1: Strikes language that requires the 20 15 department of education to adopt rules establishing criteria 20 16 for issuing a statement of necessity, which a school board or 20 17 a school administrator must provide if a student is to be 20 18 issued a special minors' driver's license. The bill permits a 20 19 student to appeal the decision of a school administrator to 20 20 the school board denying certification that a need exists for 20 21 a license. The decision of the school board is final. 20 22 REPEALS. Provisions creating and setting forth the duties 20 23 of the Youth 2000 coordinating council are repealed. The bill 20 24 also repeals provisions establishing a state council on 20 25 vocational education that was attached, for administrative 20 26 purposes to the department of education. 20 27 LSB 3185YC 79 20 28 kh/gg/8
Text: HSB00215 Text: HSB00217 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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