Text: HSB00688 Text: HSB00690 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 256.9, Code Supplement 2001, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 51. Disburse, transfer, or receive funds 1 4 as authorized or required under federal or state law or 1 5 regulation in a manner that utilizes electronic transfer of 1 6 the funds whenever possible. 1 7 Sec. 2. Section 256.10, Code 2001, is amended to read as 1 8 follows: 1 9 256.10 EMPLOYMENT OF PROFESSIONAL STAFF. 1 10 1. The salary of the director shall be fixed by the 1 11 governor within a range established by the general assembly. 1 12 2. Appointments to the professional staff of the 1 13 department shall be without reference to political party 1 14 affiliation, religious affiliation, sex, or marital status, 1 15 but shall be based solely upon fitness, ability, and proper 1 16 qualifications for the particular position. The professional 1 17 staff shall serve at the discretion of the director. A member 1 18 of the professional staff shall not be dismissed for cause 1 19 without appropriate due process procedures including a 1 20 hearing. 1 21 3. The director may employ full-time professional staff 1 22 for less than twelve months each year, but such staff shall be 1 23 employed by the director for at least nine months of each 1 24 year. Salaries for full-time professional staff employed as 1 25 provided in this subsection shall be comparable to other 1 26 professional staff, adjusting for time worked. Salaries for 1 27 professional staff employed for periods of less than twelve 1 28 months shall be paid during each month of the year in which 1 29 they are employed on the same schedule as full-time permanent 1 30 professional staff. The director shall provide for and the 1 31 department shall pay for health and dental insurance benefits 1 32 for twelve months each year for the full-time professional 1 33 staff employed as provided in this subsection, and the health 1 34 and dental insurance benefits provided shall be comparable to 1 35 the benefits provided to all other professional staff employed 2 1 by the director. 2 2 Sec. 3. Section 256.11, subsection 10, unnumbered 2 3 paragraph 3, Code Supplement 2001, is amended to read as 2 4 follows: 2 5 The department shall conduct site visits to schools and 2 6 school districts to address accreditation issues identified in 2 7 the desk audit. Such a visit may be conducted by an 2 8 individual departmental consultant or may be a comprehensive 2 9 site visit by a team of departmental consultants and other 2 10 educational professionals. The purpose of a comprehensive 2 11 site visit is to determine that a district is in compliance 2 12 with minimum standards and to provide a general assessment of 2 13 educational practices in a school or school district and make 2 14 recommendations with regard to the visit findings for the 2 15 purposes of improving educational practices above the level of 2 16 minimum compliance. The department shall establish a long- 2 17 term schedule of site visits that includes visits of all 2 18 accredited schools and school districtsat least once every2 19five yearsas needed. 2 20 Sec. 4. Section 256.11, subsection 13, Code Supplement 2 21 2001, is amended by adding the following new paragraph: 2 22 NEW PARAGRAPH. d. Schools appearing on the special 2 23 accredited list of college preparatory schools, prepared by 2 24 the department in accordance with this subsection, which is in 2 25 effect on July 1, 2002, shall be considered an accredited 2 26 nonpublic school for purposes of receiving state assistance in 2 27 accordance with chapters 285 and 301 and moneys from any 2 28 appropriation made by the general assembly for purposes of 2 29 providing technology to school districts and accredited 2 30 nonpublic school students. Schools not appearing on the list 2 31 on July 1, 2002, are ineligible for state assistance under 2 32 chapters 285 and 301 or state assistance for technology. 2 33 Sec. 5. Section 257.11, subsection 2, paragraph c, 2 34 subparagraph (2), Code Supplement 2001, is amended to read as 2 35 follows: 3 1 (2) A school district which was not participating in a 3 2 whole grade sharing arrangement during the budget year 3 3 beginning July 1,20012002, which executes a whole grade 3 4 sharing agreement pursuant to sections 282.10 through 282.12 3 5 for the budget year beginning July 1, 2002, or July 1, 2003, 3 6 and which adopts a resolution jointly with the other affected 3 7 boards to study the question of undergoing a reorganization or 3 8 dissolution to take effect on or before July 1, 2006, shall 3 9 receive a weighting of one-tenth of the percentage of the 3 10 pupil's school day during which the pupil attends classes in 3 11 another district, attends classes taught by a teacher who is 3 12 jointly employed under section 280.15, or attends classes 3 13 taught by a teacher who is employed by another school 3 14 district. A district shall be eligible for supplementary 3 15 weighting pursuant to this subparagraph for a maximum of three 3 16 years. Receipt of supplementary weighting for a second and 3 17 third year shall be conditioned upon submission of information 3 18 resulting from the study to the school budget review committee 3 19 indicating progress toward the objective of reorganization on 3 20 or before July 1, 2006. 3 21 Sec. 6. Section 257.42, unnumbered paragraph 3, Code 2001, 3 22 is amended by striking the unnumbered paragraph. 3 23 Sec. 7. Section 260C.14, subsection 1, Code Supplement 3 24 2001, is amended to read as follows: 3 25 1. Determine the curriculum to be offered in such school 3 26 or college subject to approval of thestate boarddirector and 3 27 ensure that all vocational offerings are competency-based, 3 28 provide any minimum competencies required by the department of 3 29 education, comply with any applicable requirements in chapter 3 30 258, and are articulated with local school district vocational 3 31 education programs. If an existing private educational or 3 32 vocational institution within the merged area has facilities 3 33 and curriculum of adequate size and quality which would 3 34 duplicate the functions of the area school, the board of 3 35 directors shall discuss with the institution the possibility 4 1 of entering into contracts to have the existing institution 4 2 offer facilities and curriculum to students of the merged 4 3 area. The board of directors shall consider any proposals 4 4 submitted by the private institution for providing such 4 5 facilities and curriculum. The board of directors may enter 4 6 into such contracts. In approving curriculum, thestate board4 7 director shall ascertain that all courses and programs 4 8 submitted for approval are needed and that the curriculum 4 9 being offered by an area school does not duplicate programs 4 10 provided by existing public or private facilities in the area. 4 11 In determining whether duplication would actually exist, the 4 12 state board shall consider the needs of the area and consider 4 13 whether the proposed programs are competitive as to size, 4 14 quality, tuition, purposes, and area coverage with existing 4 15 public and private educational or vocational institutions 4 16 within the merged area. If the board of directors of the 4 17 merged area chooses not to enter into contracts with private 4 18 institutions under this subsection, the board shall submit a 4 19 list of reasons why contracts to avoid duplication were not 4 20 entered into and an economic impact statement relating to the 4 21 board's decision. 4 22 Sec. 8. Section 260C.70, Code 2001, is amended to read as 4 23 follows: 4 24 260C.70 TEN-YEAR PROGRAM AND TWO-YEAR BONDING ESTIMATE 4 25 SUBMITTED EACH YEAR. 4 26 The board of directors of each community college shall 4 27 prepare and submit to the general assembly, the governor, and 4 28 the department of education a proposed ten-year building 4 29 program for each institution under the board's control, 4 30 including an estimate of the maximum amount of bonds which the 4 31 board expects to issue under the provisions of this chapter 4 32 during each year of the ensuing biennium. The program and 4 33 estimate shall be submitted no later than seven days after the 4 34 convening of each regular annual session of the general 4 35 assembly. Before a board of directors can proceed with a 5 1 project in the building program, the project must be approved 5 2 by thestate board for community collegesdirector of the 5 3 department of education, and be a project designed for special 5 4 programs, special needs of special students, and to meet needs 5 5 for which privately owned housing is not available. The 5 6 building program shall contain a list of the buildings and 5 7 facilities which are designed to meet the special needs of 5 8 students attending special programs. The list shall be 5 9 revised annually, but no project shall be eliminated from the 5 10 list when bonds have previously been issued by the board to 5 11 pay the cost of the project. Each list shall contain an 5 12 estimate of the cost of each of the buildings and facilities 5 13 referred to on the list. 5 14 Sec. 9. Section 260C.71, subsection 2, Code 2001, is 5 15 amended to read as follows: 5 16 2. The authority shall cooperate with thestate board for5 17community collegesdirector of the department of education, 5 18 individual community colleges, and private developers, acting 5 19 in conjunction with a community college to build housing 5 20 facilities in connection with the community college, in the 5 21 creation, administration, and funding of a community college 5 22 dormitory bond program to finance housing facilities, such as 5 23 dormitories, in connection with a community college. 5 24 Sec. 10. Section 282.18, subsection 3, unnumbered 5 25 paragraph 2, Code 2001, is amended to read as follows: 5 26 A parent or guardian, whose request has been denied because 5 27 of a desegregation order or plan, may appeal the decision of 5 28 the superintendent to the board of the district in which the 5 29 request was denied. The board may either uphold or overturn 5 30 the superintendent's decision. A decision of the board to 5 31 uphold the denial of the requestis subject to appeal under5 32section 290.1may be appealed to the district court of the 5 33 county in which the administrative office of the school 5 34 district which denied the request is located. 5 35 Sec. 11. Section 282.18, subsection 4, Code 2001, is 6 1 amended by striking the subsection. 6 2 Sec. 12. Section 282.18, subsection 6, Code 2001, is 6 3 amended to read as follows: 6 4 6. A request under this section is for a period of not 6 5 less than one year. If the request is for more than one year 6 6 and the parent or guardian desires to have the pupil enroll in 6 7 a different district, the parent or guardian may petition the 6 8 current receiving district by January 1 of the previous school 6 9 year for permission to enroll the pupil in a different 6 10 district for a period of not less than one year. Upon receipt 6 11 of such a request, the current receiving district board may 6 12 act on the request to transfer to the other school district at 6 13 the next regularly scheduled board meeting after the receipt 6 14 of the request. The new receiving district shall enroll the 6 15 pupil in a school in the district unless there is insufficient 6 16 classroom space in the district or unless enrollment of the 6 17 pupil would adversely affect the court-ordered or voluntary 6 18 desegregation plan of the district. A denial of a request to 6 19 change district enrollment within the approved period is 6 20 subject to appealunder section 290.1to the district court of 6 21 the county in which the administrative office of the school 6 22 district which denied the request is located. However, a 6 23 pupil who has been in attendance in another district under 6 24 this section may return to the district of residence and 6 25 enroll at any time, once the parent or guardian has notified 6 26 the district of residence and the receiving district in 6 27 writing of the decision to enroll the pupil in the district of 6 28 residence. 6 29 Sec. 13. Section 282.18, subsection 14, Code 2001, is 6 30 amended to read as follows: 6 31 14. If a pupil, for whom a request to transfer has been 6 32 filed with a district, has been suspended or expelled in the 6 33 district, the pupil shall not be permitted to transfer until 6 34 the pupil has been reinstated in the sending district. Once 6 35 the pupil has been reinstated, however, the pupil shall be 7 1 permitted to transfer in the same manner as if the pupil had 7 2 not been suspended or expelled by the sending district. If a 7 3 pupil, for whom a request to transfer has been filed with a 7 4 district, is expelled in the district, the pupil shall be 7 5 permitted to transfer to a receiving district under this 7 6 section if the pupil applies for and is reinstated in the 7 7 sending district. However, if the pupil applies for 7 8 reinstatement but is not reinstated in the sending district, 7 9 the receiving district may deny the request to transfer. The 7 10 parent or guardian of the pupil shall be permitted to appeal 7 11 the decision of the receiving district to thedirector of the7 12department of education. If the director rules in favor of7 13permitting the transfer, the pupil shall be permitted to7 14transfer, but the transfer shall be conditioned upon the7 15expiration of the expulsion period without the pupil incurring7 16a new violationdistrict court of the county in which the 7 17 administrative office of the receiving district is located. 7 18 Sec. 14. Section 282.18, subsection 18, Code 2001, is 7 19 amended by striking the subsection and inserting in lieu 7 20 thereof the following: 7 21 18. If a board decision is appealed to district court in 7 22 accordance with this section, the person appealing the board's 7 23 decision shall be allowed costs and reasonable attorney fees 7 24 as determined by the court if the person prevails in the 7 25 action. 7 26 Sec. 15. Section 283A.2, subsection 2, paragraph a, Code 7 27 2001, is amended to read as follows: 7 28a.A school district shall operate or provide for the 7 29 operation ofschool breakfast andlunch programs at all 7 30 attendance centers in the district.However, with the7 31approval of the department of education as provided in7 32paragraph "b", aA school district may operate or provide for 7 33 the operation of school breakfast programs at all attendance 7 34 centers in the district, or provide access to a school 7 35 breakfast program at an alternative site to students who wish 8 1 to participate in a school breakfast program. The programs 8 2 shall provide students with nutritionally adequate meals and 8 3 shall be operated in compliance with the rules of the state 8 4 board of education and pertinent federal law and regulation,. 8 5 The school lunch program shall be provided for all students in 8 6 each district who attend public school four or more hours each 8 7 school day and wish to participate in a schoolbreakfast or8 8 lunch program. School districts may provide school breakfast 8 9 and lunch programs for other students. 8 10 Sec. 16. Section 283A.2, subsection 2, paragraphs b and c, 8 11 Code 2001, are amended by striking the paragraphs. 8 12 Sec. 17. Section 285.3, Code 2001, is amended by striking 8 13 the section and inserting in lieu thereof the following: 8 14 285.3 PARENTAL REIMBURSEMENT FOR NONPUBLIC SCHOOL PUPIL 8 15 TRANSPORTATION. 8 16 1. A parent or legal guardian of a student attending an 8 17 accredited nonpublic school, who furnishes transportation for 8 18 the student pursuant to section 285.1, subsection 17, 8 19 paragraph "c", and who meets the requirements of subsection 2 8 20 of this section, is entitled to reimbursement equal to an 8 21 amount calculated under the provisions of section 285.1, 8 22 subsection 3. In addition, a parent or guardian who 8 23 transports one or more family members more than four miles to 8 24 their nonpublic school of attendance shall be entitled to one 8 25 supplemental mileage payment per family, per claim period, 8 26 equal to thirteen percent of the parental reimbursement for 8 27 the claim period rounded to the nearest whole dollar. 8 28 2. To qualify for parental reimbursement under subsection 8 29 1, a parent or guardian of a student attending an accredited 8 30 nonpublic school who furnishes transportation for the student 8 31 in accordance with this section, shall submit a notice of 8 32 nonpublic school attendance to the resident public school 8 33 district, notifying the district that the student is enrolled 8 34 in and will attend an accredited nonpublic school during the 8 35 period for which parental reimbursement is being requested. 9 1 The notice shall be filed with the resident public school 9 2 district not later than December 1 for the first semester 9 3 claim and May 1 for the second semester claim each year. The 9 4 notice shall include the parent's name and address, the name, 9 5 age, and grade level of the student, and the name of the 9 6 nonpublic school and its location. The resident public school 9 7 district shall submit claims for reimbursement to the 9 8 department of education on behalf of the parent or guardian if 9 9 the parent or guardian meets the requirements of this section. 9 10 Sec. 18. Section 285.8, Code 2001, is amended by adding 9 11 the following new subsection: 9 12 NEW SUBSECTION. 9. Establish a fee for conducting school 9 13 bus inspections in accordance with subsection 4 and issuing 9 14 school bus driver authorizations in accordance with section 9 15 321.376, which shall not exceed the budgeted cost for 9 16 conducting inspections and administering authorizations. 9 17 Sec. 19. Section 285.12, Code 2001, is amended to read as 9 18 follows: 9 19 285.12 DISPUTES – HEARINGS AND APPEALS. 9 20 In the event of a disagreement between a school patron and 9 21 the board of the school district, the patron if dissatisfied 9 22 with the decision of the district board, may appealthe same9 23 to the area education agency board, notifying the secretary of 9 24 the district in writing within ten days of the decision of the 9 25 board and by filing an affidavit of appeal with the agency 9 26 board within the ten-day period. The affidavit of appeal 9 27 shall include the reasons for the appeal and points at issue. 9 28 The secretary of the local board on receiving notice of appeal 9 29 shall certify all papers to the agency board which shall hear 9 30 the appeal within ten days of the receipt of the papers and 9 31 decide it within three days of the conclusion of the hearing 9 32 and shall immediately notify all parties of its decision. 9 33 Either party may appeal the decision of the agency board to 9 34 the director of the department of education by notifying the 9 35 opposite party and the agency administrator in writing within 10 1 five days after receipt of notice of the decision of the 10 2 agency board and by filing with the director of the department 10 3 of education an affidavit of appeal, reasons for appeal, and 10 4 the facts involved in the disagreement within five days after 10 5 receipt of notice of the decision of the agency board. The 10 6 agency administrator shall, within ten days ofsaidreceipt of 10 7 the notice, file with the director all records and papers 10 8 pertaining to the case, including action of the agency board. 10 9 The director shall hear the appeal within fifteen days of the 10 10 filing of the records in the director's office, notifying all 10 11 parties and the agency administrator of the date and time of 10 12 hearing. The director shallforthwith decide the same and10 13 notify all parties of the decision and return all papers with 10 14 a copy of the decision to the agency administrator. The 10 15 decision of the director shall be subject to judicial review 10 16 in accordance withthe terms of the Iowa administrative10 17procedure Actchapter 17A. Pending final order made by the 10 18 director, upon any appeal prosecuted to such director, the 10 19 order of the agency board from which the appeal is taken shall 10 20 be operative and be in full force and effect. 10 21 Sec. 20. Section 290.1, Code 2001, is amended to read as 10 22 follows: 10 23 290.1 APPEAL TO STATE BOARD. 10 24A personAn affected pupil, or the parent or guardian of an 10 25 affected pupil who is a minor, who is aggrieved by a decision 10 26 or order of the board of directors of a school corporation in 10 27 a matter of law or fact,or a decision or order of a board of10 28directors under section 282.18may, within thirty days after 10 29 the rendition of the decision or the making of the order, 10 30 appeal the decision or order to the state board of education; 10 31 the basis of the proceedings shall be an affidavit filed with 10 32 the state board by the party aggrieved within the time for 10 33 taking the appeal, which affidavit shall set forth any error 10 34 complained of in a plain and concise manner. 10 35For purposes of section 282.11, a "person aggrieved" or11 1"party aggrieved" means the "parent or guardian of an affected11 2pupil".11 3 Sec. 21. Section 297.7, subsection 1, Code 2001, is 11 4 amended to read as follows: 11 5 1. Sections 73A.2 and 73A.18 are applicable to the 11 6 construction and repair of school buildings.Before11 7construction of a school building for which the cost of11 8construction exceeds twenty-five thousand dollars, the board11 9of directors of a school district shall send a copy of the11 10plans to the building consultant in the department of11 11education for review. The board of directors may submit for11 12review a copy of the plans for repair or renovation of a11 13school building. The building consultant shall return the11 14plans together with any recommendations to the board of11 15directors within thirty days following the receipt of the11 16plans.11 17 Sec. 22. Section 321.178, subsection 1, unnumbered 11 18 paragraph 1, Code Supplement 2001, is amended to read as 11 19 follows: 11 20 An approved driver education course as programmed by the 11 21 departmentof educationshall consist of at least thirty clock 11 22 hours of classroom instruction, of which no more than one 11 23 hundred eighty minutes shall be provided to a student in a 11 24 single day, and six or more clock hours of laboratory 11 25 instruction of which at least three clock hours shall consist 11 26 of street or highway driving. Classroom instruction shall 11 27 include all of the following: 11 28 Sec. 23. Section 321.178, subsection 1, unnumbered 11 29 paragraphs 3, 4, and 5, Code Supplement 2001, are amended to 11 30 read as follows: 11 31 Every public school district in Iowa shall offer or make 11 32 available to all students residing in the school district or 11 33 Iowa students attending a nonpublic school in the district an 11 34 approved course in driver education. The courses may be 11 35 offered at sites other than at the public school, including 12 1 nonpublic school facilities within the public school 12 2 districts. An approved course offered during the summer 12 3 months, on Saturdays, after regular school hours during the 12 4 regular terms or partly in one term or summer vacation period 12 5 and partly in the succeeding term or summer vacation period, 12 6 as the case may be, shall satisfy the requirements of this 12 7 section to the same extent as an approved course offered 12 8 during the regular school hours of the school term. A student 12 9 who successfully completes and obtains certification in an 12 10 approved course in driver education or an approved course in 12 11 motorcycle education may, upon proof of such fact, be excused 12 12 from any field test which the student would otherwise be 12 13 required to take in demonstrating the student's ability to 12 14 operate a motor vehicle. A student shall not be excused from 12 15 any field test if a parent, guardian, or instructor requests 12 16 that a test be administered. Street or highway driving 12 17 instruction may be provided by a person qualified as a 12 18 classroom driver education instructor or a person certified by 12 19 the departmentof transportationand authorized by the board 12 20 of educational examiners. A person shall not be required to 12 21 hold a current Iowa teacher or administrator license at the 12 22 elementary or secondary level or to have satisfied the 12 23 educational requirements for an Iowa teacher license at the 12 24 elementary or secondary level in order to be certified by the 12 25 departmentof transportationor authorized by the board of 12 26 educational examiners to provide street or highway driving 12 27 instruction. A final field test prior to a student's 12 28 completion of an approved course shall be administered by a 12 29 person qualified as a classroom driver education instructor. 12 30 The departmentof transportationshall adopt rules pursuant to 12 31 chapter 17A to provide for certification of persons qualified 12 32 to provide street or highway driving instruction. The board 12 33 of educational examiners shall adopt rules pursuant to chapter 12 34 17A to provide for authorization of persons certified by the 12 35 departmentof transportationto provide street or highway 13 1 driving instruction. 13 2 "Student", for purposes of this section, means a person 13 3 between the ages of fourteen years and twenty-one years who 13 4 resides in the public school district and who satisfies the 13 5 preliminary licensing requirements of the departmentof13 6transportation. 13 7 Any person who successfully completes an approved driver 13 8 education course at a private or commercial driver education 13 9 school licensed by the departmentof transportation,shall 13 10 likewise be eligible for a driver's license as provided in 13 11 section 321.180B or 321.194. 13 12 Sec. 24. Section 321.375, subsection 1, paragraph d, Code 13 13 2001, is amended by striking the paragraph and inserting in 13 14 lieu thereof the following: 13 15 d. Possess a current certificate of qualification for 13 16 operation of a commercial motor vehicle issued by a physician 13 17 licensed pursuant to chapter 148 or 150A, physician's 13 18 assistant, advanced registered nurse practitioner, or 13 19 chiropractor or any other person identified by federal and 13 20 state law as authorized to perform physical examinations. 13 21 Sec. 25. Section 321.375, subsection 2, paragraph c, Code 13 22 2001, is amended to read as follows: 13 23 c. Fraud in the procurement or renewal of a school bus 13 24 driver'spermitauthorization to operate a school bus. 13 25 Sec. 26. Section 321.376, Code 2001, is amended to read as 13 26 follows: 13 27 321.376 LICENSE –PERMITAUTHORIZATION – INSTRUCTION 13 28 REQUIREMENT. 13 29 1. The driver of a school bus shall hold a driver's 13 30 license issued by the department of transportation valid for 13 31 the operation of the school bus andshall hold a school bus13 32driver's permit issued by the department of education when13 33transporting student or adult passengers to or from school13 34activities. The department of education shall charge a fee13 35for the issuance of a school bus driver's permit in the amount14 1of five dollars, which shall be deposited in the general fund14 2of the statea certificate of qualification for operation of a 14 3 commercial motor vehicle issued by a physician licensed 14 4 pursuant to chapter 148 or 150A, physician's assistant, 14 5 advanced registered nurse practitioner, or chiropractor or any 14 6 other person identified by federal and state law as authorized 14 7 to perform physical examinations, and shall successfully 14 8 complete an approved course of instruction in accordance with 14 9 subsection 2. A person holding a temporary restricted license 14 10 issued under chapter 321J shall be prohibited from operating a 14 11 school bus. The department of education shall revoke or 14 12 refuse to issuea permitan authorization to operate a school 14 13 bus to any person who, after notice and opportunity for 14 14 hearing, is determined to have committed any of the acts 14 15 proscribed under section 321.375, subsection 2. The 14 16 department of education shall recommend, and the state board 14 17 of education shall adopt under chapter 17A, rules and 14 18 procedures forthe revocation and issuance of permits to14 19personsissuing and revoking authorization to operate a school 14 20 bus in this state. Rules and procedures adopted shall 14 21 include, but are not limited to, provisions for the revocation 14 22 of, or refusal to issue,permitsauthorization to persons who 14 23 are determined to have committed any of the acts proscribed 14 24 under section 321.375, subsection 2. 14 25 2. A person applying for employment or employed as a 14 26 school bus driver shall successfully complete a department of 14 27 education approved course of instruction for school bus 14 28 drivers before or within the first six months of employment 14 29 and at least every twenty-four months thereafter. If an 14 30 employee fails to provide an employer with a certificate of 14 31 completion of the required school bus driver's course, the 14 32 driver's employer shall report the failure to the department 14 33 of education and the employee's authorization to operate a 14 34 school busdriver's permitshall be revoked. The department 14 35 of education shall send notice of the revocationof the15 1employee's permitto both the employee and the employer. A 15 2 person whose school busdriver's permitauthorization has been 15 3 revoked under this section shall not be issued anotherschool15 4bus driver's permitauthorization until certification of the 15 5 completion of an approved school bus driver's course is 15 6 received by the department of education. 15 73. The department of education shall submit an annual15 8budget request, separately from the department's annual15 9operating budget request, in an amount not to exceed the15 10amount collected by the department for the issuance of annual15 11school bus driver permits. Funds requested shall be15 12designated for purposes of establishing and conducting15 13approved courses of instruction for school bus drivers and for15 14school bus passenger safety programs. The department shall15 15recommend rules for adoption by the state board of education15 16relating to the assessment and collection of funds from the15 17school bus driver fee and relating to distribution of funds15 18for approved courses of instruction.15 19 Sec. 27. Section 321J.22, subsection 2, paragraph d, Code 15 20 2001, is amended to read as follows: 15 21 d. The department of education shall establish reasonable 15 22 fees to defray the expense of obtaining classroom space, 15 23 instructor salaries, and class materials for courses offered 15 24 both by community colleges and by substance abuse treatment 15 25 programs licensed under chapter 125, and for administrative 15 26 expenses incurred by the department in implementing subsection 15 27 5. 15 28 Sec. 28. Section 455A.19, subsection 1, unnumbered 15 29 paragraph 1, Code Supplement 2001, is amended to read as 15 30 follows: 15 31 Upon receipt of any revenue, the director shall deposit the 15 32 moneys in the Iowa resources enhancement and protection fund 15 33 created pursuant to section 455A.18. The first three hundred 15 34 fifty thousand dollars of the funds received for deposit in 15 35 the fund annually shall be allocated to the conservation 16 1 education program board for the purposes specified in section 16 2256.34455.21. One percent of the revenue receipts shall be 16 3 deducted and transferred to the administration fund provided 16 4 for in section 456A.17. All of the remaining receipts shall 16 5 be allocated to the following accounts: 16 6 Sec. 29. NEW SECTION. 455A.21 CONSERVATION EDUCATION 16 7 PROGRAM BOARD. 16 8 1. A conservation education program board is created in 16 9 the department. The board shall have five members appointed 16 10 as follows: 16 11 a. One member appointed by the director of the department 16 12 of education. 16 13 b. One member appointed by the director of the department 16 14 of natural resources. 16 15 c. One member appointed by the president of the Iowa 16 16 association of county conservation boards. 16 17 d. One member appointed by the president of the Iowa 16 18 association of naturalists. 16 19 e. One member appointed by the president of the Iowa 16 20 conservation education council. 16 21 2. Section 69.16 does not apply to appointments made 16 22 pursuant to this section. 16 23 3. The duties of the board are to revise and produce 16 24 conservation education materials and to specify stipends to 16 25 Iowa educators who participate in innovative conservation 16 26 education programs approved by the board. The board shall 16 27 allocate the funds provided for under section 455A.19, 16 28 subsection 1, for the educational materials and stipends. 16 29 4. The department shall administer the funds allocated to 16 30 the conservation education program as provided in this 16 31 section. 16 32 Sec. 30. Section 714.18, unnumbered paragraph 1, Code 16 33 2001, is amended to read as follows: 16 34 Except as otherwise provided in subsection 4, every person, 16 35 firm, association, or corporation maintaining or conducting in 17 1 Iowa any such course of instruction, by classroom instruction 17 2 or by correspondence, or soliciting in Iowa the sale of such 17 3 course, shall file with thedirector of the department of17 4educationsecretary of state: 17 5 Sec. 31. Section 714.18, subsections 1 and 2, Code 2001, 17 6 are amended to read as follows: 17 7 1. A continuous corporate surety bond to the state of Iowa 17 8 in the sum of fifty thousand dollars conditioned for the 17 9 faithful performance of all contracts and agreements with 17 10 students made by such person, firm, association, or 17 11 corporation, or their salespersons; but the aggregate 17 12 liability of the surety for all breaches of the conditions of 17 13 the bond shall not exceed the sum of the bond. The surety on 17 14 the bond may cancel the bond upon giving thirty days' written 17 15 notice to thedirector of the department of education17 16 secretary of state and thereafter shall be relieved of 17 17 liability for any breach of condition occurring after the 17 18 effective date of the cancellation. 17 19 2. A statement designating a resident agent for the 17 20 purpose of receiving service in civil actions. In the absence 17 21 of such designation, service may be had upon thedirector of17 22the department of educationsecretary of state if service 17 23 cannot otherwise be made in this state. 17 24 Sec. 32. Section 714.18, subsection 4, Code 2001, is 17 25 amended to read as follows: 17 26 4. A school licensed under the provisions of section 157.8 17 27 or 158.7 shall file with thedirector of the department of17 28educationsecretary of state: 17 29 a. A continuous corporate surety bond to the state of Iowa 17 30 in the sum of fifty thousand dollars or ten percent of the 17 31 total annual tuition collected, whichever is less, conditioned 17 32 for the faithful performance of all contracts and agreements 17 33 with students made by such school. A school desiring to file 17 34 a surety bond based on a percentage of annual tuition shall 17 35 provide to thedirector of the department of education18 1 secretary of state, in the form prescribed by thedirector18 2 secretary, a notarized statement attesting to the total amount 18 3 of tuition collected in the preceding twelve-month period. 18 4 Thedirectorsecretary shall determine the sufficiency of the 18 5 statement and the amount of the bond. Tuition information 18 6 submitted pursuant to this paragraph shall be kept 18 7 confidential. 18 8 If the school has filed a performance bond with an agency 18 9 of the United States government pursuant to federal law, the 18 10director of the department of educationsecretary of state 18 11 shall reduce the bond required by this paragraph by an amount 18 12 equal to the amount of the federal bond. 18 13 The aggregate liability of the surety for all breaches of 18 14 the conditions of the bond shall not exceed the sum of the 18 15 bond. The surety on the bond may cancel the bond upon giving 18 16 thirty days' written notice to thedirector of the department18 17of educationsecretary of state and thereafter shall be 18 18 relieved of liability for any breach of condition occurring 18 19 after the effective date of the cancellation. 18 20 Thedirector of the department of educationsecretary of 18 21 state may accept a letter of credit from a bank in lieu of the 18 22 corporate surety bond required by this paragraph. 18 23 b. The statement required in subsection 2. 18 24 c. The materials required in subsection 3. 18 25 Sec. 33. Section 714.22, subsection 1, Code 2001, is 18 26 amended to read as follows: 18 27 1. File a bond or a bond is filed on their behalf by a 18 28 parent corporation with thedirector of the department of18 29educationsecretary of state as required by section 714.18. 18 30 Sec. 34. Section 256.34, Code 2001, is repealed. 18 31 Sec. 35. FUTURE EFFECTIVE DATE. The section of this Act 18 32 amending section 321.375, subsection 1, paragraph "d", Code 18 33 2001, takes effect July 1, 2003. 18 34 EXPLANATION 18 35 This bill amends Code sections relating to the duties and 19 1 operation of the department of education. The bill amends the 19 2 following Code provisions as follows: 19 3 Code section 256.9, new subsection 51: Requires the 19 4 director of the department of education to utilize electronic 19 5 transfer of the funds whenever possible when disbursing, 19 6 transferring, or receiving funds. 19 7 Code section 256.11, subsection 10, unnumbered paragraph 3: 19 8 Strikes a requirement that the department visit all accredited 19 9 schools and school districts at least once every five years 19 10 and replaces it with a requirement that the department visit 19 11 the schools and school districts as needed. 19 12 Code section 256.10: Permits the director of the 19 13 department of education to employ professional staff for less 19 14 than 12 months, but requires the director to employ such staff 19 15 for at least nine months and to pay salaries comparable to 19 16 other professional staff, adjusted for the time worked. The 19 17 director must also provide comparable health and dental 19 18 insurance benefits for these staffers for 12 months each year. 19 19 Code section 256.11, subsection 13: Makes schools 19 20 appearing on the department's special accredited list of 19 21 college preparatory schools in effect on July 1, 2002, 19 22 eligible to receive state transportation, textbook, and 19 23 technology assistance as if the schools were accredited 19 24 nonpublic schools. Schools that are not accredited and do not 19 25 appear on the list effective July 1, 2002, are ineligible for 19 26 the state assistance. 19 27 Code section 256.34; Code section 455A.19, subsection 1, 19 28 unnumbered paragraph 1; and new Code section 455A.21: Repeal 19 29 and transfer language creating a conservation education 19 30 program board from a Code chapter administered by the 19 31 department of education to a Code chapter administered by the 19 32 department of natural resources. 19 33 Code section 257.11, subsection 2, paragraph "c", 19 34 subparagraph (2): Doubles the amount of time during which a 19 35 school district may begin receiving a whole grade sharing 20 1 incentive by providing that a school district that executes a 20 2 whole grade sharing agreement beginning July 1, 2002, and 20 3 adopts a resolution jointly with the other affected boards to 20 4 study the question of undergoing a reorganization or 20 5 dissolution to take effect on or before July 1, 2006, shall 20 6 receive a weighting of 1/10 of the percentage of the pupil's 20 7 school day during which the pupil attends classes in another 20 8 district, attends classes taught by a teacher who is jointly 20 9 employed under Code section 280.15, or attends classes taught 20 10 by a teacher who is employed by another school district. 20 11 Current Code provides for the incentive to begin for schools 20 12 executing agreements beginning July 1, 2003. 20 13 Code section 257.42, unnumbered paragraph 3: Strikes a 20 14 provision requiring the department to employ a consultant for 20 15 gifted and talented children programs. 20 16 Code section 260C.14, subsection 1, and Code section 20 17 260C.47, subsection 1, unnumbered paragraph 1: Makes the 20 18 director of the department of education, rather than the state 20 19 board of education, responsible for the approval of curriculum 20 20 to be offered in a community college and for ensuring that all 20 21 of the courses and programs are needed and that the curriculum 20 22 does not duplicate programs provided by existing public or 20 23 private facilities in the area. The director must also 20 24 ascertain that the courses and programs are necessary and do 20 25 not duplicate programs offered in the area by existing public 20 26 and private facilities in the area. 20 27 Code section 260C.70: Transfers approval authority for 20 28 community college 10-year building programs from the state 20 29 board for community colleges to the director of the department 20 30 of education. 20 31 Code section 260C.71, subsection 2: Replaces the state 20 32 board for community colleges with the director of the 20 33 department of education as an entity the Iowa finance 20 34 authority must cooperate with in acting with community 20 35 colleges to finance the building of dormitories. 21 1 Code section 282.18, subsection 3, unnumbered paragraph 2, 21 2 and Code section 282.18, subsections 4, 6, 14, and 18: 21 3 Eliminate from the open enrollment law provisions related to 21 4 the authority granted by the current Code to appeal the denial 21 5 of a request to open enroll to the state board of education. 21 6 The bill also strikes a requirement that the state board 21 7 exercise broad discretion in hearing such appeals to achieve 21 8 results that are in the best interests of children. Under the 21 9 bill, a board of directors' action can be appealed only to the 21 10 district court, and if the person appealing the decision 21 11 prevails, the school district must pay the costs and attorney 21 12 fees. 21 13 Code section 283A.2, subsection 2, paragraphs "a" through 21 14 "c": Strikes language that requires school districts to 21 15 provide a school breakfast program and strikes related 21 16 language requiring a school district that wishes to provide 21 17 school breakfasts at an alternative site to notify parents of 21 18 the intent to develop an alternative site plan and to certify 21 19 the plan to the department. 21 20 Code section 285.3: Provides for a specific reimbursement 21 21 rate of 13 percent to school districts for transportation of 21 22 accredited nonpublic school students by their parents or 21 23 guardians when transportation by school bus is impracticable 21 24 or unavailable. The bill requires parents and guardians to 21 25 submit a notice of nonpublic school attendance to the school 21 26 district not later than December 1 for the first semester 21 27 claim and May 1 for the second semester claim each year. The 21 28 bill specifies the information the notice must contain. 21 29 Currently, the amount determined for the payment of school 21 30 district claims to reimburse parents or guardians of nonpublic 21 31 school pupils for furnishing transportation is equal to $80 21 32 plus 75 percent of the difference between $80 and the previous 21 33 school year's statewide average per pupil transportation cost 21 34 multiplied by the total number of nonpublic school pupils for 21 35 which the parent or guardian furnishes transportation, except 22 1 that all elementary pupils and two members of a family who 22 2 attend a nonpublic high school shall be included in the total 22 3 number. 22 4 Code section 285.8: Establishes a fee for conducting 22 5 school bus inspections in accordance with subsection 4 and 22 6 issuing school bus driver authorizations in accordance with 22 7 Code section 321.376, which shall not exceed the budgeted cost 22 8 for conducting inspections and administering authorizations. 22 9 Code section 285.12: Includes changes considered 22 10 nonsubstantive and noncontroversial. 22 11 Code section 290.1: Amends current Code to permit only an 22 12 affected pupil, or the pupil's parent or guardian if the pupil 22 13 is a minor, to appeal the decision or order of the board of 22 14 directors of a school corporation to the state board of 22 15 education. Currently, any person aggrieved by a decision or 22 16 order of the board of directors of a school corporation can 22 17 appeal the decision or order to the state board. 22 18 Code section 297.7, subsection 1: Eliminates a provision 22 19 requiring a school board to send a copy of school building 22 20 construction plans to the building consultant in the 22 21 department of education for review and which also requires the 22 22 building consultant to return the plans with any 22 23 recommendations within 30 days. 22 24 Code section 321.178, subsection 1: Transfers the 22 25 responsibilities for programming an approved driver education 22 26 course from the department of education to the department of 22 27 transportation. 22 28 Code section 321.375, subsection 1, paragraph "d": 22 29 Replaces a requirement that a school bus driver have an annual 22 30 physical exam and meet established physical fitness 22 31 requirements with a requirement that the school bus driver 22 32 possess a current certificate of qualification for operation 22 33 of a commercial motor vehicle issued by a person authorized 22 34 under federal and state law to perform physical examinations. 22 35 This provision takes effect July 1, 2003. 23 1 Code section 321.375, subsection 2, paragraph "c", and Code 23 2 section 321.376: Replace language relating to a school bus 23 3 driver's permit to an authorization to operate a school bus. 23 4 The bill strikes language authorizing the department to charge 23 5 a fee for a permit, but transfers similar language to Code 23 6 chapter 285. The bill also strikes language requiring the 23 7 department of education to submit an annual budget request in 23 8 the amount of the fees collected for the issuance of permits, 23 9 with the funds designated for establishing and conducting 23 10 school bus driver instruction programs. 23 11 Code section 321J.22, subsection 2, paragraph "d": Permits 23 12 the department of education to establish reasonable fees for 23 13 administrative expenses incurred in collecting, maintaining, 23 14 and forwarding to the court drinking driver course-related 23 15 data as required by the Code. 23 16 Code sections 714.18 and 714.22: Transfer duties, from the 23 17 director of the department of education to the secretary of 23 18 state, relating to examining and monitoring the financial 23 19 stability of every person, firm, association, or corporation 23 20 maintaining or conducting in Iowa any course of classroom or 23 21 correspondence instruction, or soliciting in Iowa the sale of 23 22 such a course, including maintaining on file a continuous 23 23 corporate surety bond to the state of Iowa in the sum of 23 24 $50,000 conditioned for the faithful performance of all 23 25 contracts and agreements with students made by such person, 23 26 firm, association, or corporation, or their salespersons. 23 27 LSB 5361DP 79 23 28 kh/pj/5.1
Text: HSB00688 Text: HSB00690 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 20 03:35:50 CST 2002
URL: /DOCS/GA/79GA/Legislation/HSB/00600/HSB00689/020219.html
jhf