Text: SF02259 Text: SF02261 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2260 1 2 1 3 AN ACT 1 4 RELATING TO THE REORGANIZATION OR DISSOLUTION OF AREA 1 5 EDUCATION AGENCIES AND PROVIDING AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 273.21, subsection 3, paragraph g, Code 1 10 Supplement 2001, is amended to read as follows: 1 11 g. Transmit the completed plan to the state board by 1 12 November 1. Plans received by the state board after November 1 13 1 shall be considered for area education agency reorganization 1 14 taking effect no sooner than July 1 after the next succeeding 1 15 fiscal year. 1 16 Sec. 2. Section 273.21, subsection 4, Code Supplement 1 17 2001, is amended to read as follows: 1 18 4. The state board shall review the reorganization plan 1 19 and shall, prior to February 1, either approve the plan or 1 20 return the plan with the state board's recommendations. An 1 21 unapproved plan may be resubmitted with modifications to the 1 22 department not later than February 10. An approved plan shall 1 23 take effect on July 1 of the fiscal year following the date of 1 24 approval by the state board, except that plans submitted to 1 25 the state board after November 1 shall take effect no sooner 1 26 than July 1 after the next succeeding fiscal year. 1 27 Sec. 3. Section 273.22, subsections 1, 2, 5, and 6, Code 1 28 Supplement 2001, are amended to read as follows: 1 29 1. The terms of employment of the administrator and staff 1 30 of affected area education agencies for the school year 1 31 beginning with the effective date of the formation of the new 1 32 area education agency shall not be affected by the formation 1 33 of the new area education agency, except in accordance with 1 34 the provisions of sections 279.15 through 279.18, and 279.24, 1 35 and the authority and responsibility to offer new contracts or 2 1 to continue, modify, or terminate existing contracts pursuant 2 2 to sections 279.12, 279.13, 279.15 through 279.21, 279.23, and 2 3 279.24 for the school year beginning with the effective date 2 4 of the reorganization shall be transferred from the boards of 2 5 the existing area education agencies to the board of the new 2 6 area education agencyon the third Tuesday of January prior to2 7the school year the reorganization is effectivefollowing 2 8 approval of the reorganization plan by the state board as 2 9 provided in section 273.21, subsection 4. 2 10 2. The collective bargaining agreement of the area 2 11 education agency with the largest basic enrollment, as defined 2 12 in section 257.6, for the year prior to the year the 2 13 reorganization is effective, shall serve as the base agreement 2 14 in the new area education agency and the employees of the 2 15 other area education agencies involved in the formation of the 2 16 new area education agency shall automatically be accreted to 2 17 the bargaining unit of that collective bargaining agreement 2 18 for purposes of negotiating the contracts for the following 2 19 years without further action by the public employment 2 20 relations board. If only one collective bargaining agreement 2 21 is in effect among the area education agencies that are party 2 22 to the reorganization, that agreement shall serve as the base 2 23 agreement, and the employees of the other agencies involved in 2 24 the formation of the new area education agency shall 2 25 automatically be accreted to the bargaining unit of that 2 26 collective bargaining agreement for purposes of negotiating 2 27 the contracts for the following years without further action 2 28 by the public employment relations board. The board of the 2 29 newly formed area education agency, using the base agreement 2 30 as its existing contract, shall bargain with the combined 2 31 employees of the affected agencies for the school year 2 32beginning withthat begins on the effective date of the 2 33 reorganization. The bargaining shall be completed by the 2 34 dates specified in section 20.17 prior to the school year in 2 35 which the reorganization becomes effective or within one 3 1 hundred eighty days after the organization of the new board, 3 2 whichever is later. If a bargaining agreement was already 3 3 concluded by the board and employees of the affected agency 3 4 with the contract serving as the base agreement for the school 3 5 year beginning with the effective date of the reorganization, 3 6 that agreement shall be void. However, if the base agreement 3 7 contains multiyear provisions affecting school years 3 8 subsequent to the effective year of the reorganization, the 3 9 base agreement shall remain in effect as specified in the 3 10 agreement. 3 11 The provisions of the base agreement shall apply to the 3 12 offering of new contracts or continuation, modification, or 3 13 termination of existing contracts as provided in subsection 1. 3 14 5. The board of directors of a school district that is 3 15 contiguous to a newly reorganized area education agency may 3 16 petition the board of directors of their current area 3 17 education agency and the newly reorganized area education 3 18 agency to join the newly reorganized area education agency. 3 19 If both area education agency boards approve the petition, the 3 20 reorganization shall take effecton July 1 of the school year3 21following approval of the petition by the state boardin 3 22 accordance with the dates established under section 273.21, 3 23 subsection 4. A school district may appeal to the state board 3 24 the decision of an area education agency board to deny the 3 25 school district's petition. 3 26 6. The board of directors of a school district that is 3 27 within a newly reorganized area education agency and whose 3 28 school district was contiguous to another area education 3 29 agency prior to the reorganization, may petition the board of 3 30 directors of the newly reorganized area education agency and 3 31 the contiguous area education agency to join that area 3 32 education agency. If both area education agency boards 3 33 approve the petition, the reorganization shall take effecton3 34July 1 of the school year following approval of the petition3 35by the state boardin accordance with the dates established 4 1 under section 273.21, subsection 4. A school district may 4 2 appeal to the state board the decision of an area education 4 3 agency board to deny the school district's petition. 4 4 Sec. 4. Section 273.22, Code Supplement 2001, is amended 4 5 by adding the following new subsection: 4 6 NEW SUBSECTION. 7. Not later than fifteen days after the 4 7 state board notifies an area education agency of its approval 4 8 of the area education agency's reorganization plan or 4 9 dissolution proposal, the area education agency shall notify 4 10 the school districts located within the area education agency 4 11 boundaries, the school districts and area education agencies 4 12 that are contiguous to its boundaries, and any other school 4 13 district under contract with the area education agency, of the 4 14 state board's approval of the plan or proposal. A petition to 4 15 join an area education agency or for release from a contract 4 16 with an area education agency, in accordance with subsections 4 17 4 through 6, shall be filed not later than sixty days after 4 18 the state board approves a reorganization plan or dissolution 4 19 proposal in accordance with this chapter. 4 20 Sec. 5. Section 273.23, subsection 2, Code Supplement 4 21 2001, is amended to read as follows: 4 22 2. Prior to the organization meeting of the board of 4 23 directors of the newly formed area education agency, the 4 24 boards of the former area education agencies shall designate 4 25 directors to be retained as members to serve on the initial 4 26 board of the newly formed area education agency. A vacancy 4 27 occurs if an insufficient number of former board members 4 28 resideinwithin the newly formed area education agency's 4 29 boundaries or if an insufficient number of former board 4 30 members are willing to serve on the board of the newly formed 4 31 area education agency. Vacancies, as defined in section 4 32 277.29, in the membership of the newly formed area education 4 33 agency board shall be filled for the unexpired portion of the 4 34 term at a special director district convention called and 4 35 conducted in the manner provided in section 273.8 for regular 5 1 director district conventions. 5 2 Sec. 6. Section 273.23, subsection 8, Code Supplement 5 3 2001, is amended to read as follows: 5 4 8. For the school year beginning on the effective date of 5 5 an area education agency reorganization as provided in this 5 6 subchapter, the special education support services cost per 5 7 pupil shall be based upon the combined base year budgets for 5 8 special education support services of the area education 5 9 agencies that reorganized to form the newly formed area 5 10 education agency, divided by the total of the weighted 5 11 enrollment for special education support services in the 5 12 reorganized area education agency for the base year plus the 5 13 allowable growth amount per pupil for special education 5 14 support services for the budget year as calculated in section 5 15 257.8. 5 16 9. Within one year of the effective date of the 5 17 reorganization, a newly formed area education agency shall 5 18 meet the accreditation requirements set forth in section 5 19 273.10, and the standards set forth in section 273.11. The 5 20 newly formed area education agency shall be considered 5 21 accredited for purposes of budget approval by the state board 5 22 pursuant to section 273.3. The state board shall inform the 5 23 newly formed area education agency of the accreditation on- 5 24 site visit schedule. 5 25 Sec. 7. Section 273.23, Code Supplement 2001, is amended 5 26 by adding the following new subsections: 5 27 NEW SUBSECTION. 10. The special education support cost 5 28 per pupil, the media cost per pupil, and the educational 5 29 services cost per pupil for a school district petitioning into 5 30 an area education agency shall be the special education 5 31 support cost per pupil, media cost per pupil, and educational 5 32 services cost per pupil of the area education agency into 5 33 which it petitions if the petition is approved. 5 34 NEW SUBSECTION. 11. Unless the reorganization of an area 5 35 education agency takes effect less than two years before the 6 1 taking of the next federal decennial census, a newly formed 6 2 area education agency shall, within one year of the effective 6 3 date of the reorganization, redraw the boundary lines of 6 4 director districts in the area education agency if a petition 6 5 filed by a school district to join the newly formed area 6 6 education agency, or for release from the newly formed area 6 7 education agency, in accordance with section 273.22, 6 8 subsections 4 through 6, was approved. Until the boundaries 6 9 are redrawn, the boundaries for the newly formed area 6 10 education agency shall be as provided in the reorganization 6 11 plan approved by the state board in accordance with section 6 12 273.21. 6 13 Sec. 8. EFFECTIVE DATE. This Act, begin deemed of 6 14 immediate importance, takes effect upon enactment. 6 15 6 16 6 17 6 18 MARY E. KRAMER 6 19 President of the Senate 6 20 6 21 6 22 6 23 BRENT SIEGRIST 6 24 Speaker of the House 6 25 6 26 I hereby certify that this bill originated in the Senate and 6 27 is known as Senate File 2260, Seventy-ninth General Assembly. 6 28 6 29 6 30 6 31 MICHAEL E. MARSHALL 6 32 Secretary of the Senate 6 33 Approved , 2002 6 34 6 35 7 1 7 2 THOMAS J. VILSACK 7 3 Governor
Text: SF02259 Text: SF02261 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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