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House Journal: Monday, May 7, 2001

JOURNAL OF THE HOUSE

One Hundred Twentieth Calendar Day - Eighty-third Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, May 7, 2001

The House met pursuant to adjournment at 10:04 a.m., Barry of
Harrison in the chair.

Prayer was offered by the Honorable Donna Barry, state
representative from Harrison County.

The Journal of Friday, May 4, 2001 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by the Speaker's Page and Eagle
Scout, Kyle McCullough.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Jochum and Murphy of Dubuque on request of Myers of Johnson.

SENATE AMENDMENT CONSIDERED

Klemme of Plymouth called up for consideration House File 745,
a bill for an act regulating foot and mouth disease and providing an
effective date, amended by the Senate, and moved that the House
concur in the following Senate amendment H-1996:

H-1996

1 Amend House File 745, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting before line 1, the
4 following:
5 "Section 1. Section 163.2, Code 2001, is amended
6 by adding the following new unnumbered paragraph:
7 NEW UNNUMBERED PARAGRAPH. As used in this chapter,
8 "foot and mouth disease" means a virus of the family
9 picornaviridae, genus aphthovirus, including any
10 immunologically distinct serotypes."

11 2. Page 1, line 20, by inserting after the word
12 "areas." the following: "This section does not
13 authorize the department to provide for the
14 destruction of personal property other than an
15 animal."
16 3. Page 2, line 10, by inserting after the figure
17 "2." the following: "a."
18 4. Page 2, line 13, by striking the letter "a."
19 and inserting the following: "(1)".
20 5. Page 2, line 18, by striking the letter "b."
21 and inserting the following: "(2)".
22 6. Page 2, by inserting after line 20, the
23 following:
24 "b. If the department confirms an outbreak of foot
25 and mouth disease in this state, the department shall
26 cooperate with the governor; federal agencies,
27 including the United States department of agriculture;
28 and state agencies, including the emergency management
29 division of the department of public defense, in order
30 to provide the public with timely and accurate
31 information regarding the outbreak. The department
32 shall cooperate with organizations representing
33 agricultural producers in order to provide all
34 necessary information to agricultural producers
35 required to control the outbreak."
36 7. Page 2, line 26, by inserting after the figure
37 "4." the following: "a."
38 8. Page 2, by inserting after line 28, the
39 following:
40 "b. Upon the request of the executive council, the
41 department shall develop and submit a plan to the
42 executive council that compensates an owner of
43 property, other than an animal, that is inadvertently
44 destroyed by the department as a result of the
45 department's regulation of activities in a quarantined
46 area. The plan shall not be implemented without the
47 approval of at least three members of the executive
48 council. The payment of the compensation under the
49 plan shall be made in the same manner as provided in
50 section 163.15. The owner may submit a claim for

Page 2

1 compensation prior to the plan's implementation. The
2 executive council may apply the plan retroactively,
3 but not earlier than the effective date of this Act."

The motion prevailed and the House concurred in the Senate
amendment H-1996.

Klemme of Plymouth moved that the bill, as amended by the

Senate and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 745)

The ayes were, 86:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dolecheck
Dotzler Eddie Eichhorn Elgin
Fallon Finch Foege Frevert
Garman Gipp Greimann Grundberg
Hahn Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Myers
O'Brien Osterhaus Petersen Raecker
Rants Rayhons Rekow Reynolds
Richardson Roberts Scherrman Schrader
Seng Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Teig
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Weidman Winckler Wise
Witt Barry,
Presiding

 


The nays were, none.

Absent or not voting, 14:
Dix Drake Falck Ford
Hansen Houser Jochum Johnson
Murphy Quirk Shey Shoultz
Siegrist, Spkr. Warnstadt

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.


CONSIDERATION OF BILLS
Unfinished Business Calendar

Senate File 198, a bill for an act relating to family investment
program requirements regarding the time period allowed for
supported postsecondary education assistance and including an
applicability provision, with report of committee recommending
passage, was taken up for consideration.

Boal of Polk moved that the bill be read a last time now and placed
upon its passage which motion prevailed and the bill was read a last
time.

On the question "Shall the bill pass?" (S.F. 198)

The ayes were, 86:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dolecheck
Dotzler Eddie Eichhorn Elgin
Fallon Finch Foege Frevert
Garman Gipp Greimann Grundberg
Hahn Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jenkins Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Myers O'Brien
Osterhaus Petersen Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Scherrman Schrader Seng
Siegrist, Spkr. Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Teig
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Weidman Winckler Wise
Witt Barry,
Presiding

 


The nays were, none.

Absent or not voting, 14:
Dix Drake Falck Ford
Hansen Houser Jacobs Jochum
Johnson Murphy Quirk Shey
Shoultz Warnstadt

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Teig of Hamilton, until his return, on request of Eddie of Buena Vista; Shoultz of
Black Hawk, until his arrival, on request of Huser of Polk.

SENATE AMENDMENT CONSIDERED

Elgin of Linn called up for consideration House File 579, a bill for
an act relating to the administration and management of the
department of personnel, previously deferred on May 1, 2001 and
amendment H-1811, pending and found on pages 1699 through 1700
of the House Journal.

Division was requested as follows:

Lines 2 through 37, Division A
Lines 38 through 50 on page one, Division B
Lines 1 through 14 on page 2, Division B

Elgin of Linn moved that the House concur in the Senate
amendment H-1811A.

The motion prevailed and the House concurred in the Senate
amendment H-1811A.

Elgin of Linn called up for consideration Senate amendment H-
1811B.

Ford of Polk offered the following amendment H-1912, to the
Senate amendment H-1811B, filed by him and moved its adoption:

H-1912

1 Amend the Senate amendment, H-1811, to House File
2 579, as follows:

3 1. Page 1, by striking line 46 and inserting the
4 following: ", the general assembly, and to nonprofit
5 minority organizations located throughout the state.
6 The report shall include".
7 2. Page 2, line 6, by inserting after the word
8 "assembly" the following: "and to nonprofit minority
9 organizations located throughout the state".
10 3. By renumbering as necessary.

Amendment H-1912 lost.

Ford of Polk offered the following amendment H-1913, to the
Senate amendment H-1811B, and moved its adoption:

H-1913

1 Amend the Senate amendment, H-1811, to House File
2 579, as follows:
3 1. Page 1, line 49, by inserting after the word
4 "programs" the following: "and shall include the
5 number of minority workers hired by contractors for
6 construction and transportation projects for the
7 state".
8 2. Page 2, line 9, by inserting after the word
9 "programs" the following: "and shall include the
10 number of minority workers hired by contractors for
11 construction and transportation projects for the
12 state".
13 3. By renumbering as necessary.

Amendment H-1913 lost.

Elgin of Linn moved that the House concur in the Senate
amendment H-1811B.

A non-record roll call was requested.

The ayes were 45, nays 39.

The House concurred in the Senate amendment H-1811B.

Elgin of Linn moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed upon
its passage which motion prevailed and the bill was read a last time.

On the question "Shall the bill pass?" (H.F. 579)

The ayes were, 82:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Drake Eddie Eichhorn
Elgin Finch Foege Frevert
Garman Gipp Greimann Grundberg
Hahn Hatch Heaton Hoffman
Horbach Hoversten Huseman Jacobs
Jenkins Kettering Klemme Kuhn
Larkin Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Myers O'Brien Osterhaus
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Siegrist, Spkr. Sievers
Smith Stevens Sukup Taylor, T.
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Weidman Winckler Wise
Witt Barry,
Presiding

 


The nays were, 7:
Dotzler Fallon Ford Huser
Kreiman Petersen Taylor, D.

 


Absent or not voting, 11:
Falck Hansen Houser Jochum
Johnson Murphy Quirk Shey
Shoultz Teig Warnstadt

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 579 be immediately messaged to the Senate.

RULE 57 SUSPENDED

Rants of Woodbury asked and received unanimous consent to
suspend Rule 57, relating to committee notice and agenda, for a
meeting of the committee on judiciary immediately upon recess.

On motion by Rants of Woodbury, the House was recessed at 11:13
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:18 p.m., Larson of Linn in the chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-seven members present,
twenty-three absent.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Falck of Fayette and Warnstadt of Woodbury, until their arrival, on request of
Huser of Polk.

The House stood at ease at 1:28 p.m., until the fall of the gavel.

The House resumed session at 3:16 p.m., Dix of Butler in the chair.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
May 7, 2001, amended and passed the following bill in which the concurrence of the
House is asked:

House File 687, a bill for an act relating to government accountability, by providing
for strategic planning, performance measurement and reporting, performance audits,
performance contracting, return on investment, and oversight, and providing for its
implementation.

Also: That the Senate has on May 7, 2001, passed the following bill in which the
concurrence of the Senate was asked:

House File 723, a bill for an act exempting irrigation equipment from sales and use
taxes, providing limited refunds, and including effective and retroactive applicability
date provisions.

Also: That the Senate has on May 7, 2001, passed the following bill in which the
concurrence of the Senate was asked:

House File 724, a bill for an act relating to the allocation of special fees collected
from the sale of Iowa heritage license plates.

Also: That the Senate has on May 7, 2001, passed the following bill in which the
concurrence of the Senate was asked:

House File 736, a bill for an act relating to the administration of the tax and related
laws by the department of revenue and finance, including administration of state sales
and use, real estate transfer, environmental protection charge on petroleum
diminution, property, motor fuel, special fuel, and inheritance taxes, and including
effective and applicability date provisions.

Also: That the Senate has on May 7, 2001, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:

Senate File 98, a bill for an act concerning unemployment compensation by
relieving unemployment compensation charges for employees who become unemployed
due to a presidentially declared disaster.

Also: That the Senate has on May 7, 2001, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:

Senate File 516, a bill for an act establishing a small business growth initiative by
adjusting the allocation to Iowa of income earned by an S corporation for purposes of
the state individual income tax and including an effective and retroactive applicability
date provision.

Also: That the Senate has on May 7, 2001, amended the House amendment,
concurred in the House amendment as amended, and passed the following bill in which
the concurrence of the House is asked:

Senate File 537, a bill for an act relating to and making appropriations from the
tobacco settlement endowment fund and the healthy Iowans tobacco trust, establishing
certain uses for the appropriations, and providing effective dates.

MICHAEL E. MARSHALL, Secretary

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-six members present, thirty-
four absent.

CONSIDERATION OF BILLS
Appropriations Calendar

House File 413, a bill for an act making an appropriation and
establishing a teacher compensation reform and student achievement
savings account fund, was taken up for consideration.

The House stood at ease at 3:23 p.m., until the fall of the gavel.

The House resumed session at 3:50 p.m., Dix of Butler in the chair.

The House stood at ease at 3:51 p.m., until the fall of the gavel.

The House resumed session at 5:11 p.m., Speaker Siegrist in the
chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-eight members present,
twenty-two absent.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Richardson of Warren on request of Myers of Johnson.

The House resumed consideration of House File 413.

Dolecheck of Ringgold offered amendment H-2025 filed by him
from the floor as follows:

H-2025

1 Amend House File 413 as follows:
2 1. By striking everything after the enacting
3 clause, and inserting the following:
4 "Section 1. STUDENT ACHIEVEMENT AND TEACHER
5 QUALITY. There is appropriated from the endowment for
6 Iowa's health account of the tobacco settlement trust
7 fund established in section 12E.12, subsection 1, as
8 amended by 2001 Iowa Acts, Senate File 532, section
9 15, if enacted, to the department of education for the
10 fiscal year beginning July 1, 2001, and ending June
11 30, 2002, the following amount, or so much thereof as
12 is necessary, to be used for the purposes designated:
13 For purposes of the student achievement and teacher
14 quality program pursuant to chapter 284, as enacted by
15 2001 Iowa Acts, Senate File 476:
16 $ 40,000,000
17 Notwithstanding section 8.33, any moneys remaining
18 unencumbered or unobligated from the appropriation

19 made in this section shall not revert but shall remain
20 available in the succeeding fiscal year for
21 expenditure for the purposes designated. The
22 provisions of section 8.39 shall not apply to the
23 funds appropriated pursuant to this section.
24 Sec. . SURPLUS FUNDS TRANSFERRED TO THE
25 ENDOWMENT FOR IOWA'S HEALTH ACCOUNT.
26 1. Notwithstanding section 8.55, subsection 2, any
27 moneys in excess of the maximum balance in the
28 economic emergency fund after the distribution of the
29 surplus in the general fund of the state at the
30 conclusion of the fiscal year beginning July 1, 2000,
31 shall not be transferred to the general fund of the
32 state but shall be transferred to the endowment for
33 Iowa's health account of the tobacco settlement trust
34 fund. The amount transferred under this subsection
35 shall not exceed forty million dollars.
36 2. Notwithstanding section 8.55, subsection 2, any
37 moneys in excess of the maximum balance in the
38 economic emergency fund after the distribution of the
39 surplus in the general fund of the state at the
40 conclusion of the fiscal year beginning July 1, 2001,
41 shall not be transferred to the general fund of the
42 state but shall be transferred to the endowment for
43 Iowa's health account of the tobacco settlement trust
44 fund. The amount transferred under this subsection
45 shall not exceed the difference between forty million
46 dollars and the amount transferred pursuant to
47 subsection 1.
48 3. This section is contingent upon the
49 establishment of the endowment for Iowa's health
50 account of the tobacco settlement trust fund by 2001

Page 2

1 Iowa Acts, Senate File 532, if enacted.
2 Sec. . Section 284.5, subsection 3, as enacted
3 by 2001 Iowa Acts, Senate File 476, section 6, is
4 amended to read as follows:
5 3. Notwithstanding subsection 1, a school district
6 may provide a beginning teacher mentoring and
7 induction program for all classroom teachers who are
8 beginning teachers in the school years beginning July
9 1, 2001, and July 1, 2002, and notwithstanding section
10 284.4, subsection 1, a school district is eligible to
11 receive moneys under section 284.13, subsection 1,
12 paragraph "c", for each fiscal year of the fiscal
13 period beginning July 1, 2001, and ending June 30,
14 2003, to establish a beginning teacher mentoring and
15 induction program in accordance with this section.
16 Sec. . Section 284.7, unnumbered paragraph 1,
17 as enacted by 2001 Iowa Acts, Senate File 476, section

18 8, is amended to read as follows:
19 To promote continuous improvement in Iowa's quality
20 teaching workforce and to give Iowa teachers the
21 opportunity for career recognition that reflects the
22 various roles teachers play as educational leaders, an
23 Iowa teacher career path is established for teachers
24 employed by participating school districts. A
25 participating school district shall use funding
26 allocated under section 284.13, subsection 1,
27 paragraph "g", to raise teacher salaries to meet the
28 requirements of this section. The Iowa teacher career
29 path and salary minimums are as follows:
30 Sec. . Section 284.7, as enacted by 2001 Iowa
31 Acts, Senate File 476, section 8, is amended by adding
32 the following new subsection:
33 NEW SUBSECTION. 5. a. For the school year
34 beginning July 1, 2001, and ending June 30, 2002, if
35 the licensed employees of a school district or area
36 education agency receiving funds pursuant to section
37 284.13, subsection 1, paragraph "g" or "h", for
38 purposes of this section, are organized under chapter
39 20 for collective bargaining purposes, the board of
40 directors and the certified bargaining representative
41 for the licensed employees shall mutually agree upon a
42 formula for distributing the funds among the teachers
43 employed by the school district or area education
44 agency. However, the school district must comply with
45 the salary minimums provided for in section 284.7.
46 The parties shall follow the negotiation and
47 bargaining procedures specified in chapter 20 except
48 that if the parties reach an impasse, neither impasse
49 procedures agreed to by the parties nor sections 20.20
50 through 20.22 shall apply and the funds shall be paid

Page 3

1 as provided in paragraph "b". Negotiations under this
2 section are subject to the scope of negotiations
3 specified in section 20.9. If a board of directors
4 and the certified bargaining representative for
5 licensed employees have not reached mutual agreement
6 by July 15, 2001, for the distribution of funds
7 received pursuant to section 284.13, subsection 1,
8 paragraph "g" or "h", paragraph "b" of this subsection
9 shall apply.
10 b. If, once the minimum salary requirements of
11 section 284.7 have been met by the school district or
12 area education agency, and the school district or area
13 education agency receiving funds pursuant to section
14 284.13, subsection 1, paragraph "g" or "h", for
15 purposes of this section, and the certified bargaining
16 representative for the licensed employees have not

17 reached an agreement for distribution of the funds
18 remaining, in accordance with paragraph "a", the board
19 of directors shall divide the funds remaining among
20 full-time teachers employed by the district or area
21 education agency whose regular compensation is equal
22 to or greater than the minimum career teacher salary
23 specified in this section. The payment amount for
24 teachers employed on less than a full-time basis shall
25 be prorated.
26 c. If the licensed employees of a school district
27 or area education agency are not organized for
28 collective bargaining purposes, the board of directors
29 shall determine the method of distribution of such
30 funds.
31 Sec. . Section 284.9, subsection 2, as enacted
32 by 2001 Iowa Acts, Senate File 476, section 10, is
33 amended to read as follows:
34 2. The department shall establish up to five
35 regional review panels consisting of five members per
36 panel. Each panel shall include, at a minimum, a
37 nationally board-certified teacher and a school
38 district administrator. Panel members shall be
39 appointed by the director and shall possess the
40 knowledge necessary to determine the quality of the
41 evidence submitted in an applicant's portfolio. Panel
42 members shall serve a staggered three-year term and
43 may be reappointed to a second term. The department
44 shall provide support and evaluation training for
45 panel members and convene panels as needed. Panel
46 members shall be reimbursed for mileage expenses
47 incurred while engaged in the performance of official
48 duties and shall receive per diem compensation by the
49 department.
50 Sec. . Section 284.10, subsection 3, as enacted

Page 4

1 by 2001 Iowa Acts, Senate File 476, section 11, is
2 amended to read as follows:
3 3. Effective until July 1, 2004, a school district
4 shall pay be paid, from moneys allocated pursuant to
5 section 284.13, subsection 1, paragraph "d", the
6 amount of one thousand dollars for each individual who
7 is licensed as a practitioner under chapter 272 on or
8 after July 1, 2001, and who has been certified in
9 accordance with this section. The district shall
10 compensate the practitioner who achieves certification
11 not less than one thousand dollars. By October 1
12 annually, the school district shall notify the
13 department of education of the number of individuals
14 who have achieved certification in accordance with
15 this section, and shall submit any documentation

16 requested by the department.
17 Sec. ___. Section 284.11, subsection 2, as enacted
18 by 2001 Iowa Acts, Senate File 476, section 12, is
19 amended to read as follows:
20 2. All licensed practitioners employed at a
21 participating attendance center that has demonstrated
22 improvement in student achievement shall share in cash
23 awards provided in accordance with this section paid
24 from moneys received by a school district pursuant to
25 section 284.13, subsection 1. The school district is
26 encouraged to extend cash awards to other staff
27 employed at the attendance center.
28 Sec. . Section 284.11, as enacted by 2001 Iowa
29 Acts, Senate File 476, section 12, is amended by
30 adding the following new subsections:
31 NEW SUBSECTION. 6. The district team-based pay
32 plan shall specify how the funding received by the
33 district for purposes of this section is to be awarded
34 to eligible staff in attendance centers that meet or
35 exceed their goals. The district shall provide all
36 attendance centers equal access to the available
37 funds. Moneys shall be released by the department to
38 the district only upon certification by the school
39 board that an attendance center has met or exceeded
40 its goals.
41 NEW SUBSECTION. 7. Moneys received for purposes
42 of this section shall not be used for payment of any
43 collective bargaining agreement or arbitrator's
44 decision negotiated or awarded under chapter 20.
45 Sec. . Section 284.12, subsection 3, as enacted
46 by 2001 Iowa Acts, Senate File 476, section 13, is
47 amended to read as follows:
48 3. The Subject to an appropriation of sufficient
49 funds by the general assembly, the department shall
50 provide for a comprehensive independent evaluation of

Page 5

1 all components of the student achievement and teacher
2 quality program and shall submit the results of the
3 evaluation in the report submitted pursuant to
4 subsection 2 by January 1, 2007.
5 Sec. . NEW SECTION. 284.13 STATE PROGRAM
6 ALLOCATION.
7 1. For each fiscal year in which moneys are
8 appropriated by the general assembly for purposes of
9 the student achievement and teacher quality program,
10 the moneys shall be allocated as follows in the
11 following priority order:
12 a. For the fiscal year beginning July 1, 2001, and
13 ending June 30, 2002, the department shall reserve up
14 to one million dollars of any moneys appropriated for

15 purposes of this chapter. For each fiscal year in
16 which moneys are appropriated by the general assembly
17 for purposes of team-based variable pay pursuant to
18 section 284.11, the amount of moneys allocated to
19 school districts shall be in the proportion that the
20 basic enrollment of a school district bears to the sum
21 of the basic enrollments of all participating school
22 districts for the budget year. However, the per pupil
23 amount distributed to a school district under the
24 pilot program shall not exceed one hundred dollars.
25 b. For the fiscal year beginning July 1, 2001, and
26 ending June 30, 2002, to the department of education,
27 the amount of one million nine hundred thousand
28 dollars for the issuance of national board
29 certification awards in accordance with section
30 256.44.
31 c. For the fiscal year beginning July 1, 2001, and
32 ending June 30, 2002, an amount up to two million four
33 hundred thousand dollars for first-year beginning
34 teachers, and for the fiscal year beginning July 1,
35 2002, and succeeding fiscal years, an amount up to
36 four million seven hundred thousand dollars for first-
37 year and second-year beginning teachers, to the
38 department of education for distribution to school
39 districts for purposes of the beginning teacher
40 mentoring and induction programs. A school district
41 shall receive one thousand three hundred dollars per
42 beginning teacher participating in the program. If
43 the funds appropriated for the program are
44 insufficient to pay mentors and school districts as
45 provided in this paragraph, the department shall
46 prorate the amount distributed to school districts
47 based upon the amount appropriated. Moneys received
48 by a school district pursuant to this paragraph shall
49 be expended to provide each mentor with an award of
50 five hundred dollars per semester, at a minimum, for

Page 6

1 participation in the school district's beginning
2 teacher mentoring and induction program; to implement
3 the plan; and to pay any applicable costs of the
4 employer's share of contributions to federal social
5 security and the Iowa public employees' retirement
6 system or a pension and annuity retirement system
7 established under chapter 294, for such amounts paid
8 by the district.
9 d. For the fiscal year beginning July 1, 2001, and
10 ending June 30, 2002, up to one million five hundred
11 thousand dollars to the department of education for
12 purposes of establishing the evaluator training
13 program, including but not limited to the development

14 of criteria models; an evaluation process; the
15 training of providers; development of a provider
16 approval process; training materials and costs; for
17 payment to practitioners under section 284.10,
18 subsection 3, and to pay any applicable costs of the
19 employer's share of contributions to federal social
20 security and the Iowa public employees' retirement
21 system or a pension and annuity retirement system
22 established under chapter 294, for such amounts paid
23 by the district; and for subsidies to school districts
24 for training costs.
25 e. For the fiscal year beginning July 1, 2001, and
26 ending June 30, 2002, up to one million five hundred
27 thousand dollars to the department of education for
28 purposes of implementing the career development
29 program requirements of section 284.6, and the review
30 panel requirements of section 284.9.
31 f. For each fiscal year in the fiscal period
32 beginning July 1, 2001, and ending June 30, 2003, up
33 to five hundred thousand dollars to the board of
34 educational examiners for the fees and costs incurred
35 in administering the Praxis II examination in
36 accordance with section 272.2.
37 g. For the fiscal year beginning July 1, 2001, and
38 ending June 30, 2002, the amount of moneys remaining
39 from funds appropriated for purposes of this chapter
40 after distribution as provided in paragraphs "a"
41 through "f" and "h" shall be allocated to school
42 districts in accordance with the following formula:
43 (1) Fifty percent of the allocation shall be in
44 the proportion that the basic enrollment of a school
45 district bears to the sum of the basic enrollments of
46 all school districts in the state for the budget year.
47 (2) Fifty percent of the allocation shall be based
48 upon the proportion that the number of full-time
49 equivalent teachers employed by a school district
50 bears to the sum of the number of full-time equivalent

Page 7

1 teachers who are employed by all school districts in
2 the state for the base year.
3 h. From moneys available under paragraph "g", the
4 department shall allocate to area education agencies
5 an amount per classroom teacher employed by an area
6 education agency that is approximately equivalent to
7 the average per teacher amount allocated to the
8 districts. The average per teacher amount shall be
9 calculated by dividing the total number of classroom
10 teachers employed by school districts and the
11 classroom teachers employed by area education agencies
12 into the total amount of moneys available under

13 paragraph "g".
14 2. A school district that is unable to meet the
15 provisions of section 284.7, subsection 1, with funds
16 allocated pursuant to subsection 1, paragraph "g", may
17 request a waiver from the department to use funds
18 appropriated under chapter 256D to meet the provisions
19 of section 284.7, subsection 1, if the difference
20 between the funds allocated to the school district
21 pursuant to subsection 1, paragraph "g", and the
22 amount required to comply with section 284.7,
23 subsection 1, is not less than ten thousand dollars.
24 The department shall consider the average class size
25 of the school district, the school district's actual
26 unspent balance from the preceding year, and the
27 school district's current financial position.
28 3. If a school district does not choose to
29 participate in the student achievement and teacher
30 quality program during the school year beginning July
31 1, 2001, the amount of moneys to be allocated to the
32 school district pursuant to subsection 1, paragraph
33 "g", shall be held for the school district by the
34 department until June 30, 2003, or until the school
35 district participates in the program, whichever occurs
36 earlier. Notwithstanding section 8.33, unencumbered
37 or unobligated funds remaining on June 30, 2002, shall
38 not revert but shall be available for expenditure for
39 the following fiscal year for the purposes of this
40 chapter.
41 4. Moneys received by a school district under this
42 chapter are miscellaneous income for purposes of
43 chapter 257 or are considered encumbered. A school
44 district shall maintain a separate listing within its
45 budget for payments received and expenditures made
46 pursuant to this section.
47 Sec. . Section 272.2, subsection 16, paragraph
48 b, as enacted by 2001 Iowa Acts, Senate File 476,
49 section 16, is amended to read as follows:
50 b. Examination fees for the examination required

Page 8

1 under this subsection shall be paid by from moneys
2 appropriated to the board for this purpose. Costs
3 incurred for additional content area examinations
4 shall be paid by the applicant.
5 Sec. . 2001 Iowa Acts, Senate File 476, section
6 22, unnumbered paragraph 1, if enacted, is amended to
7 read as follows:
8 LEGISLATIVE EDUCATION ACCOUNTABILITY AND OVERSIGHT
9 COMMITTEE. The legislative council is requested to
10 establish a two-year legislative education
11 accountability and oversight committee to conduct a

12 comprehensive study of team-based variable pay and
13 make recommendations for the implementation of a team-
14 based variable pay plan component of the student
15 achievement and teacher quality program. The
16 legislative council is also requested to authorize up
17 to $75,000 for the expenses of the committee.
18 Sec. . CONTINGENT EFFECTIVENESS. This Act
19 shall take effect only if 2001 Iowa Acts, Senate File
20 476 is enacted."
21 2. Title page, line 1, by striking the words "and
22 establishing a" and inserting the following: "for
23 purposes of the student achievement and".
24 3. Title page, by striking lines 2 and 3 and
25 inserting the following: "quality program and
26 providing for contingent effectiveness."

Carroll of Poweshiek offered the following amendment H-2030, to
amendment H-2025, filed by him, Wise of Lee and Grundberg of Polk
from the floor and moved its adoption:

H-2030

1 Amend the amendment, H-2025, to House File 413 as
2 follows:
3 1. Page 2, by inserting after line 1 the
4 following:
5 "Sec. . Section 284.4, subsection 2, as enacted
6 by 2001 Iowa Acts, Senate File 476, section 5, is
7 amended to read as follows:
8 2. By July 1, 2003, each school district shall
9 participate in the student achievement and teacher
10 quality program if the general assembly appropriates
11 moneys for purposes of the student achievement and
12 teacher quality program established pursuant to this
13 chapter."
14 2. By renumbering as necessary.

Amendment H-2030 was adopted.

Carroll of Poweshiek offered the following amendment H-2031, to
amendment H-2025, filed by him from the floor and moved its
adoption:

H-2031

1 Amend the amendment, H-2025, to House File 413 as
2 follows:
3 1. Page 6, line 24, by inserting after the word
4 "costs." the following: "A portion of the funds

5 allocated to the department for purposes of this
6 paragraph may be used by the department for
7 administrative purposes."
8 2. Page 6, line 30, by inserting after the figure
9 "284.9." the following: "A portion of the funds
10 allocated to the department for purposes of this
11 paragraph may be used by the department for
12 administrative purposes."

Amendment H-2031 was adopted.

Garman of Story asked and received unanimous consent to
withdraw amendment H-2029, to amendment H-2025, filed by her
from the floor.

The House stood at ease at 5:40 p.m., until the fall of the gavel.

The House resumed session and consideration of House File 413 at
5:48 p.m., Speaker Siegrist in the chair.

Garman of Story offered the following amendment H-2033, to
amendment H-2025, filed by her from the floor and moved its
adoption:

H-2033

1 Amend the amendment, H-2025, to House File 413, as
2 follows:
3 1. By striking page 2, line 2, through page 8,
4 line 26, and inserting the following:
5 ""Sec. . ALLOWABLE GROWTH SUPPLEMENTAL AMOUNT.
6 Funds appropriated for the establishment of a student
7 achievement and teacher quality program shall be
8 distributed as an allowable growth supplemental amount
9 for the school budget year beginning July 1, 2001.
10 Notwithstanding section 257.8, subsection 2, the
11 department of management shall calculate the regular
12 program allowable growth for the budget year beginning
13 July 1, 2001, by multiplying the state percent of
14 growth for the budget year by the regular program
15 state cost per pupil for the base year, and adding to
16 the resulting product eighty-one dollars. For
17 purposes of determining the amount of a budget
18 adjustment as defined in section 257.14 for the budget
19 year beginning July 1, 2001, eighty-one dollars shall
20 be subtracted from a school district's regular program
21 cost per pupil for the budget year beginning July 1,
22 2001, prior to determining the amount of the

23 adjustment. Amounts received pursuant to this section
24 shall be utilized by school districts to enhance
25 student achievement and teacher quality."
26 . Title page, by striking lines 1 through 3
27 and inserting the following: "An Act providing
28 additional funding for teacher quality and student
29 achievement.""

Amendment H-2033 lost.

On motion by Dolecheck of Ringgold amendment H-2025, as
amended, was adopted.

Dolecheck of Ringgold moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (H.F. 413)

The ayes were, 86:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Cohoon
Connors Dix Dolecheck Dotzler
Drake Eddie Elgin Falck
Fallon Finch Foege Ford
Frevert Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Horbach Hoversten Huseman
Huser Jacobs Jenkins Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Myers O'Brien Osterhaus Petersen
Raecker Rants Rayhons Reynolds
Roberts Scherrman Schrader Seng
Shey Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Teig
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 8:
Chiodo Cormack De Boef Eichhorn
Garman Johnson Rekow Shoultz
Absent or not voting, 6:

 

Houser
Jochum Murphy Quirk

Richardson
Warnstadt


 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 413 be immediately messaged to the Senate.

Unfinished Business Calendar

House File 672, a bill for an act relating to the establishment of a
student achievement and teacher quality program, was taken up for
consideration.

Connors of Polk asked and received unanimous consent to
withdraw amendment H-1901 filed by him on May 2, 2001.

Carroll of Poweshiek offered the following amendment H-1995
filed by him and moved its adoption:

H-1995

1 Amend House File 672 as follows:
2 1. By striking everything after the enacting
3 clause, and inserting the following:
4 "Section 1. INTENT. It is the intent of the
5 general assembly to create a student achievement and
6 teacher quality program that acknowledges that
7 outstanding teachers are a key component in student
8 success. The program's goals are to enhance student
9 achievement and to redesign compensation strategies
10 and teachers' professional development. Such
11 compensation strategies are designed to attract and
12 retain high performing teachers, to reward teachers
13 for improving their skills and knowledge in a manner
14 that translates into better student learning, and to
15 reward the staff of school attendance centers for
16 improvement in student achievement.
17 Sec. 2. NEW SECTION. 284.1 STUDENT ACHIEVEMENT
18 AND TEACHER QUALITY PROGRAM.
19 A student achievement and teacher quality program
20 is established to promote high student achievement.

21 The program shall consist of the following four major
22 elements:
23 1. Mentoring and induction programs that provide
24 support for beginning teachers in accordance with
25 sections 284.5 and 284.6.
26 2. Career paths with compensation levels that
27 strengthen Iowa's ability to recruit and retain
28 teachers.
29 3. Professional development designed to directly
30 support best teaching practices.
31 4. Team-based variable pay that provides
32 additional compensation when student performance
33 improves.
34 Sec. 3. NEW SECTION. 284.2 DEFINITIONS.
35 As used in this chapter, unless the context
36 otherwise requires:
37 1. "Beginning teacher" means an individual serving
38 under an initial provisional license, issued by the
39 board of educational examiners under chapter 272, who
40 is assuming a position as a classroom teacher.
41 2. "Classroom teacher" means an individual who
42 holds a valid practitioner's license and who is
43 employed under a teaching contract with a school
44 district or area education agency in this state to
45 provide classroom instruction to students.
46 3. "Comprehensive evaluation" means a summative
47 evaluation of a teacher conducted by an evaluator for
48 purposes of performance review, or recommendation for
49 licensure based upon models developed pursuant to
50 section 256.9, subsection 51, and to determine whether

Page 2

1 the teacher's practice meets the school district
2 expectations for a career, career II, or advanced
3 level.
4 4. "Department" means the department of education.
5 5. "Director" means the director of the department
6 of education.
7 6. "Evaluator" means an administrator or other
8 practitioner who successfully completes an evaluator
9 training program pursuant to section 284.10.
10 7. "Mentor" means an individual employed by a
11 school district or area education agency as a
12 classroom teacher who holds a valid license issued
13 under chapter 272. The individual must have a record
14 of four years of successful teaching practice, must be
15 employed as a classroom teacher on a nonprobationary
16 basis, and must demonstrate professional commitment to
17 both the improvement of teaching and learning and the
18 development of beginning teachers.
19 8. "School board" means the board of directors of

20 a school district or a collaboration of boards of
21 directors of school districts.
22 9. "State board" means the state board of
23 education.
24 10. "Teacher" means an individual holding a
25 practitioner's license issued under chapter 272, who
26 is employed as a teacher, librarian, media specialist,
27 or counselor in a nonadministrative position by a
28 school district or area education agency pursuant to a
29 contract issued by a board of directors under section
30 279.13. A teacher may be employed in both an
31 administrative and a nonadministrative position by a
32 board of directors and shall be considered a part-time
33 teacher for the portion of time that the teacher is
34 employed in a nonadministrative position. "Teacher"
35 includes a licensed individual employed on a less than
36 full-time basis by a school district through a
37 contract between the school district and an
38 institution of higher education with a practitioner
39 preparation program in which the licensed teacher is
40 enrolled.
41 Sec. 4. NEW SECTION. 284.3 IOWA TEACHING
42 STANDARDS.
43 1. For purposes of this chapter and for developing
44 teacher evaluation criteria under chapter 279, the
45 Iowa teaching standards are as follows:
46 a. Demonstrates ability to enhance academic
47 performance in the classroom.
48 b. Demonstrates competence in content knowledge
49 appropriate to the teaching position.
50 c. Demonstrates competence in planning and

Page 3

1 preparing for instruction.
2 d. Uses strategies to deliver instruction that
3 meets the multiple learning needs of students,
4 including the use of technology for curriculum
5 integration.
6 e. Uses a variety of methods to monitor student
7 learning.
8 f. Demonstrates competence in classroom
9 management.
10 g. Engages in professional growth.
11 h. Fulfills professional responsibilities
12 established by the school district.
13 2. The school board and faculty shall collaborate
14 to further define good teaching by enhancing the Iowa
15 teaching standards in the following manner:
16 a. For purposes of comprehensive evaluations for
17 beginning teachers, including the comprehensive
18 evaluation required for the beginning teacher to

19 progress to career teacher, the criteria shall be
20 based upon the model developed pursuant to section
21 256.9, subsection 51, and established pursuant to
22 chapter 20.
23 b. For purposes of comprehensive evaluations for
24 teachers other than beginning teachers, the school
25 board shall convene the members of the school board
26 and representatives of the faculty, elected by the
27 faculty, to establish criteria based upon the model
28 developed pursuant to section 256.9, subsection 51.
29 If the parties are unable to reach agreement annually
30 by July 1, however, the model criteria shall become
31 the school district's criteria.
32 Sec. 5. NEW SECTION. 284.4 PARTICIPATION.
33 1. A school district is eligible to receive moneys
34 appropriated for purposes specified in this chapter if
35 the school board applies to the department to
36 participate in the student achievement and teacher
37 quality program and submits a written statement
38 declaring the school district's willingness to do all
39 of the following:
40 a. Commit and expend local moneys to improve
41 student achievement and teacher quality.
42 b. Implement a beginning teacher mentoring and
43 induction program as provided in this chapter.
44 c. Provide, beginning in the second year of
45 participation, the equivalent of two or more contract
46 days, outside of instruction time, than provided in
47 the school year preceding the first year of
48 participation, to provide additional time for teacher
49 career development that aligns with student learning
50 and teacher development needs, including the

Page 4

1 integration of technology into curriculum development,
2 in order to achieve attendance center and districtwide
3 student achievement goals outlined in the district
4 comprehensive school improvement plan. School
5 districts are encouraged to develop strategies for
6 restructuring the school calendar to provide for the
7 most effective professional development. A school
8 district that provides the equivalent of ten or more
9 contract days for career development is exempt from
10 this paragraph.
11 d. Adopt a teacher career development program in
12 accordance with this chapter.
13 e. Adopt a teacher evaluation plan that, at
14 minimum, requires a comprehensive evaluation of
15 teachers in the participating district at least every
16 five years based upon the Iowa teaching standards and
17 requires administrators to complete evaluator training

18 in accordance with section 284.10.
19 f. Adopt teacher career paths based upon
20 demonstrated knowledge and skills in accordance with
21 this chapter.
22 g. Adopt a team-based variable pay plan that
23 rewards attendance center success upon the
24 implementation of a statewide variable pay plan.
25 2. By July 1, 2003, each school district shall
26 participate in the student achievement and teacher
27 quality program.
28 Sec. 6. NEW SECTION. 284.5 BEGINNING TEACHER
29 MENTORING AND INDUCTION PROGRAM.
30 1. A beginning teacher mentoring and induction
31 program is created to promote excellence in teaching,
32 enhance student achievement, build a supportive
33 environment within school districts, increase the
34 retention of promising beginning teachers, and promote
35 the personal and professional well-being of classroom
36 teachers. Prior to the completion of the 2001-2002
37 school year, a school district shall, at a minimum,
38 provide an approved beginning teacher mentoring and
39 induction program for all classroom teachers who are
40 beginning teachers.
41 2. The state board shall adopt rules to administer
42 this section.
43 3. Notwithstanding subsection 1, a school district
44 may provide a beginning teacher mentoring and
45 induction program for all classroom teachers who are
46 beginning teachers in the school years beginning July
47 1, 2001, and July 1, 2002.
48 4. Each participating school district shall
49 develop an initial beginning teacher mentoring and
50 induction plan. The plan shall be included in the

Page 5

1 school district's comprehensive school improvement
2 plan submitted pursuant to section 256.7, subsection
3 21. The beginning teacher induction plan shall, at a
4 minimum, provide for a two-year sequence of induction
5 program content and activities to support the Iowa
6 teaching standards and beginning teacher professional
7 and personal needs; mentor training that includes, at
8 a minimum, skills of classroom demonstration and
9 coaching, and district expectations for beginning
10 teacher competence on Iowa teaching standards;
11 placement of mentors and beginning teachers; the
12 process for dissolving mentor and beginning teacher
13 partnerships; district organizational support for
14 released time for mentors and beginning teachers to
15 plan, provide demonstration of classroom practices,
16 observe teaching, and provide feedback; structure for

17 mentor selection and assignment of mentors to
18 beginning teachers; a district facilitator; and
19 program evaluation.
20 5. Upon completion of the program, the beginning
21 teacher shall be comprehensively evaluated to
22 determine if the teacher meets expectations to move to
23 the career level. The school district shall recommend
24 a beginning teacher who has successfully completed the
25 program for an educational license. A school district
26 may offer a teacher a third year of participation in
27 the program if, after conducting a comprehensive
28 evaluation, the school district determines that the
29 teacher is likely to successfully complete the
30 mentoring and induction program by the end of the
31 third year of eligibility. A teacher granted a third
32 year of eligibility shall develop a teacher's
33 mentoring and induction program plan in accordance
34 with this chapter and shall undergo a comprehensive
35 evaluation at the end of the third year. The board of
36 educational examiners shall grant a one-year extension
37 of the beginning teacher's provisional license upon
38 notification by the school district that the teacher
39 will participate in a third year of the school
40 district's program.
41 Sec. 7. NEW SECTION. 284.6 TEACHER CAREER
42 DEVELOPMENT.
43 1. The department shall coordinate a statewide
44 network of career development for Iowa teachers. A
45 participating school district or career development
46 provider that offers a career development program in
47 accordance with section 256.9, subsection 51, shall
48 demonstrate that the program contains the following:
49 a. Support that meets the career development needs
50 of individual teachers and is aligned with the Iowa

Page 6

1 teaching standards.
2 b. Research-based instructional strategies aligned
3 with the school district's student achievement needs
4 and the long-range improvement goals established by
5 the district.
6 c. Instructional improvement components including
7 student achievement data, analysis, theory, classroom
8 demonstration and practice, technology integration,
9 observation, reflection, and peer coaching.
10 d. An evaluation component that documents the
11 improvement in instructional practice and the effect
12 on student learning.
13 2. The department shall identify models of career
14 development practices that produce evidence of the
15 link between teacher training and improved student

16 learning.
17 3. A participating school district shall
18 incorporate a district career development plan into
19 the district's comprehensive school improvement plan
20 submitted to the department in accordance with section
21 256.7, subsection 21. The district career development
22 plan shall include a description of the means by which
23 the school district will provide access to all
24 teachers in the district to career development
25 programs or offerings that meet the requirements of
26 subsection 1. The plan shall align all career
27 development with the school district's long-range
28 student learning goals and the Iowa teaching
29 standards. The plan shall indicate the school
30 district's approved career development provider or
31 providers.
32 4. In cooperation with the teacher's supervisor,
33 the teacher employed by a participating school
34 district shall develop an individual teacher career
35 development plan. The individual plan shall be based,
36 at minimum, on the needs of the teacher, the Iowa
37 teaching standards, and the student achievement goals
38 of the attendance center and the school district as
39 outlined in the comprehensive school improvement plan.
40 The individual plan shall be reviewed by the teacher
41 and the teacher's supervisor at the teacher's annual
42 review, and shall be modified as necessary to reflect
43 the individual teacher's and the school district's
44 needs and the individual's progress in the plan.
45 5. School districts, a consortium of school
46 districts, area education agencies, higher education
47 institutions, and other public or private entities
48 including professional associations may be approved by
49 the state board to provide teacher career development.
50 The career development program or offering shall, at

Page 7

1 minimum, meet the requirements of subsection 1. The
2 state board shall adopt rules for the approval of
3 career development providers and standards for the
4 district career development plan.
5 Sec. 8. NEW SECTION. 284.7 IOWA TEACHER CAREER
6 PATH.
7 To promote continuous improvement in Iowa's quality
8 teaching workforce and to give Iowa teachers the
9 opportunity for career recognition that reflects the
10 various roles teachers play as educational leaders, an
11 Iowa teacher career path is established for teachers
12 employed by participating school districts. A
13 participating school district shall raise teacher
14 salaries to meet the requirements of this section.

15 The Iowa teacher career path and salary minimums are
16 as follows:
17 1. Effective July 1, 2001, the following career
18 path levels are established and shall be implemented
19 in accordance with this chapter:
20 a. BEGINNING TEACHER.
21 (1) A beginning teacher is a teacher who meets the
22 following requirements:
23 (a) Has successfully completed an approved
24 practitioner preparation program as defined in section
25 272.1.
26 (b) Holds a provisional teacher license issued by
27 the board of educational examiners.
28 (c) Participates in the beginning teacher
29 mentoring and induction program as provided in this
30 chapter.
31 (2) The participating district shall increase the
32 district's minimum salary for a first-year beginning
33 teacher by at least one thousand five hundred dollars
34 per year above the minimum salary paid to a first-year
35 beginning teacher in the previous year unless the
36 minimum salary for a first-year beginning teacher
37 exceeds twenty-eight thousand dollars.
38 b. CAREER TEACHER.
39 (1) A career teacher is a teacher who meets the
40 following requirements:
41 (a) Has successfully completed the beginning
42 teacher mentoring and induction program and has
43 successfully completed a comprehensive evaluation as
44 provided in this chapter.
45 (b) Is reviewed by the school district as
46 demonstrating the competencies of a career teacher.
47 (c) Holds a valid license issued by the board of
48 educational examiners.
49 (d) Participates in teacher career development as
50 set forth in this chapter and demonstrates continuous

Page 8

1 improvement in teaching.
2 (3) The participating district shall provide a two
3 thousand dollar difference between the average
4 beginning teacher salary and the minimum career
5 teacher salary, unless the school district has a
6 minimum career teacher salary that exceeds thirty
7 thousand dollars.
8 2. It is the intent of the general assembly to
9 establish and require the implementation of and
10 provide for the implementation of the following
11 additional career path levels by July 1, 2003:
12 a. CAREER II TEACHER.
13 (1) A career II teacher is a teacher who meets the

14 requirements of subsection 1, paragraph "b", has met
15 the requirements established by the school district
16 that employs the teacher, and is evaluated by the
17 school district as demonstrating the competencies of a
18 career II teacher. The teacher shall have
19 successfully completed a comprehensive evaluation in
20 order to be classified as a career II teacher.
21 (2) It is the intent of the general assembly that
22 the participating district shall establish a minimum
23 salary for a career II teacher that is at least five
24 thousand dollars greater than the minimum career
25 teacher salary. It is further intended that the
26 district shall adopt a plan that facilitates the
27 transition of a career teacher to a career II level.
28 b. ADVANCED TEACHER.
29 (1) An advanced teacher is a teacher who meets the
30 following requirements:
31 (a) Receives the recommendation of the review
32 panel that the teacher possesses superior teaching
33 skills and that the teacher should be classified as an
34 advanced teacher.
35 (b) Holds a valid license from the board of
36 educational examiners.
37 (c) Participates in teacher career development as
38 outlined in this chapter and demonstrates continuous
39 improvement in teaching.
40 (d) Possesses the skills and qualifications to
41 assume leadership roles.
42 (2) It is the intent of the general assembly that
43 the participating district shall establish a minimum
44 salary for an advanced teacher that is at least
45 thirteen thousand five hundred dollars greater than
46 the minimum career teacher salary. In conjunction
47 with the development of the review panel pursuant to
48 section 284.9, the department shall make
49 recommendations to the general assembly by January 1,
50 2002, regarding the appropriate district-to-district

Page 9

1 recognition for advanced teachers and methods that
2 facilitate the transition of a teacher to the advanced
3 level.
4 3. A teacher shall be promoted one level at a time
5 and a teacher promoted to the next career level shall
6 remain at that level for at least one year before
7 requesting promotion to the next career level.
8 4. If a comprehensive evaluation for a teacher is
9 conducted in the fifth year of the teacher's status at
10 the career level, and indicates that the teacher's
11 practice no longer meets the standards for that level,
12 a comprehensive evaluation shall be conducted in the

13 next following school year. If the comprehensive
14 evaluation establishes that the teacher's practice
15 fails to meet the standards for that level, the
16 teacher shall be ineligible for any additional pay
17 increase other than a cost of living increase.
18 5. A teacher employed in a participating district
19 shall not receive less compensation in that
20 participating district than the teacher received in
21 the school year starting July 1, 2001, due to
22 implementation of this chapter. A teacher who
23 achieves national board for professional teaching
24 standards certification and meets the requirements of
25 section 256.44 shall continue to receive the award as
26 specified in section 256.44 in addition to the
27 compensation set forth in this section.
28 Sec. 9. NEW SECTION. 284.8 EVALUATION
29 REQUIREMENTS FOR CAREER, CAREER II, AND ADVANCED
30 TEACHERS.
31 1. A teacher's supervisor shall annually review
32 the teacher for purposes of continuous improvement
33 unless the teacher has been comprehensively reviewed
34 during the same school year. The supervisor may
35 designate another certified evaluator to conduct the
36 annual review of a teacher. The review shall include
37 classroom observation of the teacher and should
38 include supporting documentation from other
39 supervisors, parents, and students.
40 2. In addition to evaluations agreed upon under
41 chapter 20, a teacher shall be comprehensively
42 evaluated based on the provisions of section 284.3 at
43 least once every five years. Comprehensive
44 evaluations shall be conducted by an administrator or
45 the administrator's designee certified pursuant to
46 section 284.10. The evaluation shall include, at
47 minimum, classroom observation of the teacher, the
48 teacher's progress and implementation of the teacher's
49 individual career development plan; should include
50 supporting documentation from other supervisors,

Page 10

1 teachers, parents, and students; and may include video
2 portfolios as evidence of teaching practices. A
3 teacher may be comprehensively evaluated for purposes
4 of performance review or recommendation for licensure,
5 and shall be comprehensively evaluated for advancement
6 in the career path established pursuant to section
7 284.7.
8 3. If a teacher is denied advancement based upon a
9 comprehensive evaluation, the teacher may appeal the
10 decision to an adjudicator under the process
11 established under section 279.17. However, the

12 decision of the adjudicator is final. If a district
13 does not recommend a teacher for continued employment
14 or licensure based upon a comprehensive evaluation,
15 the provisions of sections 279.14, 279.17, and 279.18
16 shall apply. A teacher may file one cause of action
17 objecting to the contents or procedures of a
18 comprehensive evaluation and the objections shall not
19 be subject to the grievance procedures negotiated in
20 accordance with chapter 20.
21 4. This section applies only to career, career II,
22 and advanced teachers.
23 Sec. 10. NEW SECTION. 284.9 REVIEW PANEL.
24 1. A career II teacher seeking to receive an
25 advanced designation shall submit a portfolio of work
26 evidence aligned with the Iowa teaching standards to a
27 review panel established in accordance with subsection
28 2. A majority of the evidence in the portfolio shall
29 be classroom-based. The review panel shall evaluate
30 the career II teacher's portfolio to determine whether
31 the teacher demonstrates superior teaching skills and
32 shall make a recommendation to the board of
33 educational examiners whether or not the teacher shall
34 receive an advanced designation. The standards for
35 recommendation include, but are not limited to,
36 meeting the Iowa teaching standards at an advanced
37 level.
38 2. The department shall establish up to five
39 regional review panels consisting of five members per
40 panel. Each panel shall include, at a minimum, a
41 nationally board-certified teacher and a school
42 district administrator. Panel members shall be
43 appointed by the director and shall possess the
44 knowledge necessary to determine the quality of the
45 evidence submitted in an applicant's portfolio. Panel
46 members shall serve a staggered three-year term and
47 may be reappointed to a second term. The department
48 shall provide support and evaluation training for
49 panel members and convene panels as needed.
50 3. To assure fairness and consistency in the

Page 11

1 evaluation process, the review panels may perform
2 random audits of the comprehensive evaluations
3 conducted by evaluators throughout the state, and may
4 randomly review performance-based evaluation models
5 developed by school districts in accordance with
6 section 284.3, subsection 2. The review of the
7 evaluation models shall ensure that the model is at
8 least equivalent to the state model developed pursuant
9 to section 256.9, subsection 51.
10 4. A teacher who does not receive a recommendation

11 from a review panel may appeal that denial to an
12 administrative law judge located in the department of
13 inspections and appeals. The state shall not be
14 liable for a teacher's attorney fees, costs, or
15 damages that may result from an appeal of a review
16 panel's decision. The state board shall adopt rules
17 to administer this section.
18 Sec. 11. NEW SECTION. 284.10 EVALUATOR TRAINING
19 PROGRAM.
20 1. The department shall establish an evaluator
21 training program to improve the skills of school
22 district evaluators in making employment decisions,
23 making recommendations for licensure, and moving
24 teachers through a career path as established under
25 this chapter. The department shall consult with
26 persons representing teachers, national board-
27 certified teachers, administrators, school boards,
28 higher education institutions with approved
29 practitioner and administrator preparation programs,
30 and with persons from the private sector knowledgeable
31 in employment evaluation and evaluator training in
32 order to develop standards and requirements for the
33 program. Evaluator training programs offered pursuant
34 to this chapter may be provided by a public or private
35 entity. The department shall distribute a list of
36 evaluator training program providers to each school
37 district.
38 2. An administrator licensed under chapter 272 who
39 conducts evaluations of teachers for purposes of this
40 chapter shall complete the evaluator training program.
41 A practitioner licensed under chapter 272 who is not
42 an administrator may enroll in the evaluator training
43 program. Enrollment preference shall be given to
44 administrators. Upon successful completion, the
45 provider shall certify that the administrator or other
46 practitioner is qualified to conduct evaluations for
47 employment, make recommendations for licensure, and
48 make recommendations that a teacher is qualified to
49 advance from one career path level to the next career
50 path level pursuant to this chapter. Certification is

Page 12

1 for a period of five years and may be renewed.
2 3. Effective until July 1, 2004, a school district
3 shall pay the amount of one thousand dollars for each
4 individual who is licensed as a practitioner under
5 chapter 272 on or after July 1, 2001, and who has been
6 certified in accordance with this section. By October
7 1 annually, the school district shall notify the
8 department of education of the number of individuals
9 who have achieved certification in accordance with

10 this section, and shall submit any documentation
11 requested by the department.
12 4. By July 1, 2002, a higher education institution
13 approved by the state board to provide an
14 administrator preparation program shall incorporate
15 the evaluator training program into the program
16 offered by the institution.
17 5. Beginning July 1, 2002, the board of
18 educational examiners shall require certification as a
19 condition of issuing or renewing an administrator's
20 license.
21 6. By July 1, 2004, the director shall develop and
22 implement an evaluator training certification renewal
23 program for administrators and other practitioners who
24 need to renew a certificate issued pursuant to this
25 section.
26 Sec. 12. NEW SECTION. 284.11 PILOT PROGRAM FOR
27 TEAM-BASED VARIABLE PAY FOR STUDENT ACHIEVEMENT.
28 1. It is the intent of the general assembly to
29 develop and implement by July 1, 2003, a statewide
30 team-based variable pay program and approval process
31 to reward individual attendance centers for
32 improvement in student achievement. The department
33 shall develop and administer a pilot team-based
34 variable pay program. A pilot program is established
35 to give Iowa school districts with one or more
36 participating attendance centers the opportunity to
37 explore and demonstrate successful methods to
38 implement team-based variable pay. Each school
39 district approved by the department to participate in
40 the pilot program shall administer a valid and
41 reliable standardized assessment at the beginning and
42 end of the school year to demonstrate growth in
43 student achievement.
44 2. All licensed practitioners at a participating
45 attendance center that has demonstrated improvement in
46 student achievement as provided in this section shall
47 share in cash awards provided in accordance with this
48 section. The school district is encouraged to extend
49 cash awards to other staff employed at the attendance
50 center.

Page 13

1 3. The team-based pay plan shall be approved by
2 the local board.
3 4. A district electing to initiate a team-based
4 variable pay plan according to this section during the
5 school year beginning July 1, 2001, shall notify the
6 department of its election in writing no later than
7 August 1, 2001. The department shall certify the
8 school district plan by October 1, 2001.

9 5. The department shall annually report to the
10 legislative education accountability and oversight
11 committee the student achievement scores in
12 mathematics and reading at the fourth and eighth grade
13 levels on a district-by-district basis, as reported to
14 the local communities in accordance with section
15 256.7, subsection 21, paragraph "c".
16 Sec. 13. NEW SECTION. 284.12 REPORT.
17 1. The department shall annually report the
18 statewide progress on the following:
19 a. Improvement in teacher compensation.
20 b. Evaluator training program.
21 c. Team-based variable pay for student
22 achievement.
23 d. Changes and improvements in the evaluation of
24 teachers under the Iowa teaching standards.
25 2. The report shall be made available to the
26 chairpersons and ranking members of the senate and
27 house committees on education, the state board, the
28 governor, and school districts by January 1. School
29 districts shall provide information as required by the
30 department for the compilation of the report and for
31 accounting and auditing purposes.
32 3. The department shall provide for a
33 comprehensive independent evaluation of all components
34 of the student achievement and teacher quality program
35 and shall submit the results of the evaluation in the
36 report submitted pursuant to subsection 2 by January
37 1, 2007.
38 4. The board of educational examiners shall
39 compile statistical information from the results of
40 the examinations administered pursuant to section
41 272.2, subsection 16. The information compiled shall
42 identify the practitioner preparation programs from
43 which the applicants graduated, but shall not identify
44 applicants individually. The statistical information
45 compiled by the board pursuant to this subsection is a
46 public record. The board shall submit a review of the
47 statistical information to the chairpersons and
48 ranking members of the senate and house committees on
49 education and the state board by December 1, 2003.
50 5. In developing administrative rules for

Page 14

1 consideration by the state board, the department shall
2 consult with persons representing teachers,
3 administrators, school boards, approved practitioner
4 preparation institutions, other appropriate education
5 stakeholders, and the legislative education
6 accountability and oversight committee.
7 Sec. 14. Section 256.9, Code 2001, is amended by

8 adding the following new subsection:
9 NEW SUBSECTION. 51. Develop a core knowledge and
10 skill criteria model, based upon the Iowa teaching
11 standards, for the evaluation, the advancement, and
12 for teacher career development purposes pursuant to
13 chapter 284. The model criteria shall further define
14 the characteristics of quality teaching as established
15 by the Iowa teaching standards.
16 Sec. 15. Section 272.2, subsection 1, Code 2001,
17 is amended to read as follows:
18 1. a. License practitioners, who do not hold or
19 receive a license from another professional licensing
20 board, and professional development programs, except
21 for programs developed and offered by practitioner
22 preparation institutions or area education agencies
23 and approved by the state board of education.
24 Licensing authority includes the authority to
25 establish criteria for the licenses, including but not
26 limited to, establish issuance and renewal
27 requirements, creation of create application and
28 renewal forms, creation of create licenses that
29 authorize different instructional functions or
30 specialties, development of develop a code of
31 professional rights and responsibilities, practice,
32 and ethics, and the authority to develop any other
33 classifications, distinctions, and procedures which
34 may be necessary to exercise licensing duties. A code
35 of professional rights and responsibilities, practice,
36 and ethics shall address but not be limited to the
37 habitual failure of a practitioner to fulfill
38 contractual obligations under section 279.13.
39 b. Notwithstanding section 272.28, subsection 1, a
40 teacher shall be licensed in accordance with rules
41 adopted pursuant to chapter 272, Code 2001, if the
42 teacher successfully completes a beginning teacher
43 mentoring program approved pursuant to chapter 256E on
44 or before June 30, 2002, or is employed by a school
45 district that does not offer a beginning teacher
46 mentoring and induction program approved in accordance
47 with this chapter during the school year beginning
48 July 1, 2001.
49 c. Notwithstanding section 272.28, subsection 1, a
50 teacher shall receive an educational license if the

Page 15

1 teacher meets the licensing requirements of this
2 chapter and, prior to July 1, 2003, successfully
3 completes a two-year beginning teacher mentoring and
4 induction program approved pursuant to this chapter.
5 Sec. 16. Section 272.2, Code 2001, is amended by
6 adding the following new subsection:

7 NEW SUBSECTION. 16. a. Administer the Praxis II
8 examination for knowledge of pedagogies and for not
9 more than one content area to each individual who is
10 applying for a provisional license prior to issuance
11 of the license.
12 b. Examination fees for the examination required
13 under this subsection shall be paid by the board.
14 Costs incurred for additional content area
15 examinations shall be paid by the applicant.
16 c. This subsection is repealed effective June 30,
17 2003.
18 Sec. 17. NEW SECTION. 272.28 MENTORING AND
19 INDUCTION REQUIREMENT.
20 1. Effective July 1, 2003, requirements for
21 teacher licensure beyond a provisional license shall
22 include successful completion of a beginning teacher
23 mentoring and induction program approved by the state
24 board of education.
25 2. A teacher from an accredited nonpublic school
26 or another state or country is exempt from the
27 requirement of subsection 1 if the teacher can
28 document three years of successful teaching experience
29 within the past five years and meet or exceed the
30 requirements contained in rules adopted under this
31 chapter for endorsement and licensure.
32 Sec. 18. Section 279.19, unnumbered paragraphs 1
33 and 2, Code 2001, are amended to read as follows:
34 The first three two consecutive years of employment
35 of a teacher in the same school district are a
36 probationary period. However, if the teacher has
37 successfully completed a probationary period of
38 employment for another school district located in
39 Iowa, the probationary period in the current district
40 of employment shall not exceed one year. A board of
41 directors may waive the probationary period for any
42 teacher who previously has served a probationary
43 period in another school district and the board may
44 extend the probationary period for an additional year
45 with the consent of the teacher.
46 Notwithstanding the two-year probationary period
47 otherwise provided for in this section, if a school
48 district offers a beginning teacher a third year of a
49 beginning teacher mentoring and induction program, and
50 the teacher accepts the school district's offer, the

Page 16

1 teacher's probationary period shall continue through
2 the teacher's third year of employment.
3 In the case of the termination of a probationary
4 teacher's contract, the provisions of sections 279.15
5 and 279.16 shall apply.

6 Sec. 19. Chapter 256E, Code 2001, is repealed.
7 Sec. 20. Section 272.33, Code 2001, is repealed
8 effective July 1, 2002.
9 Sec. 21. PRACTITIONER PREPARATION CREDIT TRANSFER
10 STUDY. The state board of regents shall conduct a
11 study of the transfer of credits between practitioner
12 preparation institutions, both in-state and out-of-
13 state, to determine whether the transfer of credits by
14 practitioner preparation institutions is fair and
15 consistent. The state board shall collect information
16 relating to the transfer and acceptance of credits
17 from a representative sample of in-state and out-of-
18 state practitioner preparation institutions. The
19 state board shall identify actions that may be taken
20 to improve the ability of a student to transfer
21 credits earned in one practitioner preparation
22 institution to another. The state board shall submit
23 its findings and recommendations in a report to the
24 senate and house of representatives standing
25 committees on education by December 1, 2001.
26 Sec. 22. LEGISLATIVE EDUCATION ACCOUNTABILITY AND
27 OVERSIGHT COMMITTEE. The legislative council is
28 requested to establish a two-year legislative
29 education accountability and oversight committee to
30 conduct a comprehensive study of team-based variable
31 pay and make recommendations for the implementation of
32 a team-based variable pay plan component of the
33 student achievement and teacher quality program.
34 The committee shall recommend the manner in which
35 standards of performance are to be determined, the
36 level of expected growth, the development of a student
37 academic database, the timeline and procedure for the
38 collection of student achievement data, identification
39 of the structures of a team for purposes of equitable
40 operation of the plan, and a timeline for
41 implementation of the plan. The committee shall
42 select an assessment model for use in accurately
43 measuring student achievement. The committee may
44 recommend additional measures and reviews for the
45 purpose of strengthening comprehensive school
46 improvement plans through the implementation of team-
47 based variable pay plans. The committee shall monitor
48 the progress of team-based variable pay pilot
49 programs.
50 The committee shall recommend a means of evaluation

Page 17

1 designed to determine the effect of the student
2 achievement and teacher quality plan on raising
3 student achievement. The committee shall submit
4 preliminary recommendations to the general assembly by

5 December 15, 2001, and shall make its final
6 recommendations to the general assembly by December
7 15, 2002.
8 The committee shall be composed of six voting
9 members representing both political parties and both
10 houses of the general assembly. Three members shall
11 be appointed by the president of the senate, after
12 consultation with the majority leader of the senate
13 and the minority leader of the senate. The remaining
14 three members shall be appointed by the speaker of the
15 house of representatives after consultation with the
16 majority and minority leaders of the house of
17 representatives.
18 The committee shall also include the following ex
19 officio, nonvoting members:
20 1. The director of the department of education or
21 the director's designee.
22 2. One member who shall be appointed by the Iowa
23 association of school boards.
24 3. One member who shall be appointed by the school
25 administrators of Iowa.
26 4. Two members who shall be appointed
27 independently by the state's two largest professional
28 teachers associations.
29 5. One member who shall be appointed by the
30 governor to represent the office of the governor.
31 It is the intent of the general assembly that the
32 legislative education accountability and oversight
33 committee oversee the policies established pursuant to
34 this Act.
35 Sec. 23. STATE MANDATE FUNDING SPECIFIED. In
36 accordance with section 25B.2, subsection 3, the state
37 cost of requiring compliance with any state mandate
38 included in this Act shall be paid by a school
39 district from state school foundation aid received by
40 the school district under section 257.16. This
41 specification of the payment of the state cost shall
42 be deemed to meet all the state funding-related
43 requirements of section 25B.2, subsection 3, and no
44 additional state funding shall be necessary for the
45 full implementation of this Act by and enforcement of
46 this Act against all affected school districts."

Amendment H-1995 was adopted.

SENATE FILE 476 SUBSTITUTED FOR HOUSE FILE 672

Carroll of Poweshiek asked and received unanimous consent to
substitute Senate File 476 for House File 672.


Senate File 476, a bill for an act relating to the establishment of a
student achievement and teacher quality program, was taken up for
consideration.

The House stood at ease at 6:41 p.m., until the fall of the gavel.

The House resumed session at 7:35 p.m., Speaker pro tempore
Sukup in the chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-six members present,
twenty-four absent.

The House resumed consideration of Senate File 476.

Connors of Polk offered the following amendment H-1999 filed by
him and moved its adoption:

H-1999

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. APPROPRIATION OF MONEYS DEPOSITED IN
6 THE TEACHER COMPENSATION REFORM AND STUDENT
7 ACHIEVEMENT SAVINGS ACCOUNT FUND. Moneys deposited in
8 the teacher compensation reform and student
9 achievement savings account fund created in section
10 12.90, as of July 1, 2001, if House File 413 is
11 enacted by the Seventy-ninth General Assembly, 2001
12 Session, are appropriated to the department of
13 education for distribution to school districts as
14 provided in this section. Moneys appropriated in this
15 section shall be allocated to school districts in the
16 proportion that the basic enrollment of a school
17 district bears to the sum of the basic enrollments of
18 all school districts in the state for the budget year.
19 A school district shall expend funds received pursuant
20 to this section for purposes of implementing teacher
21 compensation reform and student achievement measures
22 pursuant to the provisions of a collective bargaining
23 agreement negotiated under the provisions of chapter
24 20.
25 Sec. 2. ALLOCATION AND USE OF PHASE I MONEYS.

26 Notwithstanding the provisions of chapter 294A, moneys
27 appropriated and allocated in an amount to meet the
28 minimum salary requirements of chapter 294A for
29 purposes of phase I for the fiscal year beginning July
30 1, 2001, and ending June 30, 2002, shall be allocated
31 to school districts in the proportion that the basic
32 enrollment of a school district bears to the sum of
33 the basic enrollments of all school districts in the
34 state for the budget year. A school district shall
35 expend funds received pursuant to this section for
36 purposes of implementing teacher compensation reform
37 measures pursuant to the provisions of a collective
38 bargaining agreement negotiated under the provisions
39 of chapter 20."
40 2. Title page, by striking lines 1 and 2 and
41 inserting the following: "An Act relating to and
42 making appropriations of moneys for purposes of
43 teacher compensation reform and student achievement."

A non-record roll call was requested.

The ayes were 31, nays 46.

Amendment H-1999 lost.

Speaker Siegrist in the chair at 7:55 p.m.

Garman of Story offered the following amendment H-2024 filed by
her from the floor and moved its adoption:

H-2024

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. ALLOWABLE GROWTH SUPPLEMENTAL AMOUNT.
6 Funds appropriated for the establishment of a student
7 achievement and teacher quality program in House File
8 413, if enacted by the Seventy-ninth General Assembly,
9 First Session, shall be distributed as an allowable
10 growth supplemental amount for the school budget year
11 beginning July 1, 2001. Notwithstanding section
12 257.8, subsection 2, the department of management
13 shall calculate the regular program allowable growth
14 for the budget year beginning July 1, 2001, by
15 multiplying the state percent of growth for the budget
16 year by the regular program state cost per pupil for
17 the base year, and adding to the resulting product

18 eighty-one dollars. For purposes of determining the
19 amount of a budget adjustment as defined in section
20 257.14 for the budget year beginning July 1, 2001,
21 eighty-one dollars shall be subtracted from a school
22 district's regular program cost per pupil for the
23 budget year beginning July 1, 2001, prior to
24 determining the amount of the adjustment. Amounts
25 received pursuant to this section shall be utilized by
26 school districts to enhance student achievement and
27 teacher quality."

A non-record roll call was requested.

The ayes were 37, nays 50.

Amendment H-2024 lost.

Carroll of Poweshiek offered amendment H-2023 filed by him,
Grundberg of Polk and Wise of Lee from the floor as follows:

H-2023

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, lines 18 and 19, by striking the words
4 and figures "sections 284.5 and 284.6" and inserting
5 the following: "section 284.5".
6 2. Page 3, by striking lines 11 and 12 and
7 inserting the following:
8 "a. Demonstrates support for and implementation of
9 the school district's student achievement goals."
10 3. Page 3, lines 18 and 19, by striking the words
11 ", including the use of technology for curriculum
12 integration".
13 4. Page 3, line 31, by striking the word "model"
14 and inserting the following: "models".
15 5. Page 4, line 3, by striking the word "model"
16 and inserting the following: "models".
17 6. Page 4, line 4, by striking the word
18 "annually".
19 7. Page 4, line 5, by striking the word
20 "however," and inserting the following: "immediately
21 after the school year in which a contract period
22 ends,".
23 8. Page 4, by striking lines 19 and 20 and
24 inserting the following: "the equivalent of two or
25 more additional contract days, outside of instruction
26 time, than were provided in the school year
27 preceding".

28 9. Page 5, line 33, by inserting after the word
29 "teacher" the following: "mentoring and".
30 10. Page 6, by inserting after line 12 the
31 following:
32 "___. A beginning teacher shall be informed by the
33 school district, prior to the beginning teacher's
34 participation in a mentoring and induction program, of
35 the criteria upon which the beginning teacher shall be
36 evaluated and of the evaluation process utilized by
37 the school district."
38 11. Page 9, line 23, by striking the figure "(3)"
39 and inserting the following: "(2)".
40 12. Page 11, lines 14 and 15, by striking the
41 words and figures "starting July 1, 2001," and
42 inserting the following: ", preceding participation,
43 as set forth in section 284.4".
44 13. Page 13, line 20, by striking the word
45 "model" and inserting the following: "models".
46 14. Page 14, line 10, by inserting after the
47 figure "2." the following: "a."
48 15. Page 14, by inserting after line 22 the
49 following:
50 "b. However, an administrator licensed in

Page 2

1 accordance with section 272.2, subsection 13,
2 paragraph "a", shall not be eligible to enroll in the
3 evaluator training program."
4 16. By striking page 15, line 8, through page 16,
5 line 7, and inserting the following:
6 "Sec. . NEW SECTION. 284.11 PILOT PROGRAM FOR
7 TEAM-BASED VARIABLE PAY FOR STUDENT ACHIEVEMENT.
8 1. It is the intent of the general assembly to
9 create a statewide team-based variable pay program to
10 reward individual attendance centers for improvement
11 in student achievement. A pilot program is
12 established to give Iowa school districts with one or
13 more participating attendance centers the opportunity
14 to explore and demonstrate successful methods to
15 implement team-based variable pay. The department
16 shall develop and administer the pilot program. Each
17 school district approved by the department to
18 participate in the pilot program shall administer
19 valid and reliable standardized assessments at the
20 beginning and end of the school year to demonstrate
21 growth in student achievement.
22 2. All licensed practitioners employed at a
23 participating attendance center that has demonstrated
24 improvement in student achievement shall share in a
25 cash award. However, the school district is
26 encouraged to extend cash awards to other staff

27 employed at the attendance center.
28 3. The principal, with the participation of a team
29 of licensed practitioners appointed by the principal,
30 at each participating attendance center within a
31 school district shall annually submit district
32 attendance center student performance goals to the
33 school board for approval. The attendance center
34 goals must be aligned with the school improvement
35 goals for the district developed in accordance with
36 section 256.7, subsection 21. The district shall
37 determine the designation of an attendance center for
38 purposes of this section. The attendance center
39 student performance goals may differ from attendance
40 center to attendance center and may contain goals and
41 indicators in addition to the comprehensive school
42 improvement plan. An attendance center shall
43 demonstrate student achievement through the use of
44 multiple measures that are valid and reliable.
45 4. Each participating district shall create its
46 own design for a team-based pay plan linked to the
47 district's comprehensive school improvement plan. The
48 plan must include attendance center student
49 performance goals, student performance levels,
50 multiple indicators to determine progress toward

Page 3

1 attendance center goals, and a system for providing
2 financial rewards. The team-based pay plan shall be
3 approved by the local board.
4 5. Each district team-based pay plan shall be
5 reviewed by the department. The department shall
6 include a review of the locally established goals,
7 targeted levels of improvement, assessment strategies,
8 and financial reward system.
9 6. A district electing to initiate a team-based
10 variable pay plan according to this section during the
11 school year beginning July 1, 2001, shall notify the
12 department of its election in writing no later than
13 August 1, 2001. The department shall certify the
14 school district plan by October 1, 2001."
15 17. Page 16, by striking line 11 and inserting
16 the following:
17 "a. Student achievement scores in mathematics and
18 reading at the fourth and eighth grade levels on a
19 district-by-district basis as reported to the local
20 communities pursuant to section 256.7, subsection 21,
21 paragraph "c"."
22 18. Page 16, line 18, by inserting after the word
23 "education," the following: "the legislative
24 education accountability and oversight committee,".
25 19. Page 17, line 11, by striking the word "a".

26 20. Page 17, line 12, by striking the word
27 "model" and inserting the following: "models".
28 21. Page 18, by striking lines 10 through 15.
29 22. Page 18, line 18, by striking the figure "16"
30 and inserting the following: "17".
31 23. Page 19, line 4, by striking the words and
32 figure "paragraphs 1 and" and inserting the following:
33 "paragraph".
34 24. Page 19, line 5, by striking the word "are"
35 and inserting the following: "is".
36 25. Page 19, by striking lines 6 through 21.
37 26. Page 19, line 24, by inserting after the word
38 "apply." the following: "However, if the probationary
39 teacher is a beginning teacher who fails to
40 successfully complete a beginning teacher mentoring
41 and induction program in accordance with chapter 284,
42 the provisions of sections 279.17 and 279.18 shall
43 also apply."
44 27. Page 20, by striking line 22 and inserting
45 the following: "recommend assessment models for use
46 in accurately measuring".
47 28. Page 21, by inserting after line 33 the
48 following:
49 "Sec. . CONTINGENT EFFECTIVENESS. Section
50 284.10, subsection 2, paragraph "b", as enacted in

Page 4

1 this Act, takes effect only if 2001 Iowa Acts, House
2 File 670 is enacted."
3 29. Title page, line 2, by inserting after the
4 word "program" the following: "and providing for
5 contingent effectiveness".
6 30. By renumbering as necessary.

Carroll of Poweshiek offered the following amendment H-2026, to
amendment H-2023, filed by him from the floor and moved its
adoption:

H-2026

1 Amend the amendment, H-2023, to Senate File 476, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 8, by inserting after the word
5 "Demonstrates" the following: "ability to enhance
6 academic performance and".

A non-record roll call was requested.


The ayes were 46, nays 40.

Amendment H-2026 was adopted.

Winckler of Scott offered the following amendment H-2038, to
amendment H-2023, filed by her from the floor and moved its
adoption:

H-2038

1 Amend the amendment, H-2023, to Senate File 476, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, by striking lines 16 through 21 and
5 inserting the following: "shall develop and
6 administer the pilot program. The department shall
7 determine school district growth in student
8 achievement using the information reported by a
9 participating school district to the department in
10 accordance with section 256.7, subsection 21, which
11 shall be submitted to the department by the school
12 district by individual attendance center."

Amendment H-2038 lost.

Stevens of Dickinson offered the following amendment H-2037, to
amendment H-2023, filed by him from the floor and moved its
adoption:

H-2037

1 Amend the amendment, H-2023, to Senate File 476, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, by striking line 3 and inserting the
5 following: "subject to mandatory negotiations under
6 chapter 20."

Amendment H-2037 lost.

Mascher of Johnson offered the following amendment H-2034, to
amendment H-2023, filed by her from the floor and moved its
adoption:


H-2034

1 Amend the amendment, H-2023, to Senate File 476, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, line 24, by inserting after the word
5 "committee," the following: "the deans of the
6 colleges of education at approved practitioner
7 preparation institutions in this state,".

Amendment H-2034 was adopted.

Amendment H-2023, as amended, was adopted, placing
amendment H-1997 filed by Carroll of Poweshiek, et al., and
amendment H-2014 to amendment H-1997 filed by Stevens of
Dickinson from the floor, out of order.

Stevens of Dickinson offered the following amendment H-2021
filed by him from the floor and moved its adoption:

H-2021

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 28 the
4 following:
5 " . "Beginning principal" means an individual
6 newly licensed as an administrator by the board of
7 educational examiners under chapter 272, who is
8 assuming a position as a principal for a school
9 district."
10 2. Page 2, by inserting after line 23 the
11 following:
12 "For purposes of section 284.5A only, "mentor"
13 means an individual employed by a school district as
14 an administrator who holds a valid license issued
15 under chapter 272. The individual must have a record
16 of four years of successful employment as a school
17 principal, must be employed as an administrator on a
18 nonprobationary basis, and must demonstrate
19 professional commitment to both the improvement of
20 education quality and learning and the development of
21 beginning principals."
22 3. Page 6, by inserting after line 30 the
23 following:
24 "Sec. . NEW SECTION. 284.5A BEGINNING
25 PRINCIPAL MENTORING PROGRAM.
26 1. A beginning principal mentoring program is
27 created to promote excellence in school

28 administration, enhance teacher and student
29 achievement, build a supportive environment within
30 school districts, increase the retention of promising
31 beginning principals, and promote the personal and
32 professional well-being of principals. Prior to the
33 completion of the 2001-2002 school year, a school
34 district shall, at a minimum, provide an approved
35 beginning principal mentoring program for all
36 beginning principals.
37 2. The state board shall adopt rules to administer
38 this section.
39 3. Each participating school district shall
40 develop an initial beginning principal mentoring plan.
41 The plan shall be included in the school district's
42 comprehensive school improvement plan submitted
43 pursuant to section 256.7, subsection 21. The
44 beginning principal mentoring plan shall, at a
45 minimum, provide for a two-year sequence of mentoring
46 program content and activities to support the Iowa
47 teaching standards and beginning principal
48 professional and personal needs; mentor training;
49 placement of mentors and beginning principals; the
50 process for dissolving mentor and beginning principal

Page 2

1 partnerships; structure for mentor selection and
2 assignment of mentors to beginning principals; a
3 district facilitator; and program evaluation.
4 5. Upon completion of the program, the beginning
5 principal shall be comprehensively evaluated."
6 4. By renumbering as necessary.

Amendment H-2021 lost.

Lensing of Johnson offered the following amendment H-2013 filed
by her from the floor and moved its adoption:

H-2013

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, line 17, by inserting after the word
4 "teacher" the following: "or a retired teacher".

Amendment H-2013 was adopted.

Greimann of Story asked and received unanimous consent to
withdraw amendment H-2015 filed by her from the floor.

Mascher of Johnson offered the following amendment H-2032 filed
by her from the floor and moved its adoption:

H-2032

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 4, line 18, by striking the words
4 "beginning in the second year of participation" and
5 inserting the following: "after the participating
6 school district has met the minimum salary
7 requirements of section 284.7".

A non-record roll call was requested.

The ayes were 35, nays 48.

Amendment H-2032 lost.

Tremmel of Wapello offered amendment H-2022 filed by him from
the floor as follows:

H-2022

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by inserting after line 9, the
4 following:
5 "h. Adopt a classroom code of conduct pursuant to
6 section 280.28."
7 2. Page 19, by inserting after line 24, the
8 following:
9 "Sec. . NEW SECTION. 280.28 CLASSROOM CONDUCT
10 CODE.
11 1. A code of classroom conduct shall be developed
12 by each school district, and reviewed on an annual
13 basis, commencing with the school budget year
14 beginning July 1, 2001. The code shall be adopted by
15 the school district board of directors after
16 consultation with a classroom conduct committee
17 comprised of residents of the school district. The
18 committee shall consist of parents, pupils, members of
19 the school board, school administrators, teachers,
20 counselors employed by the school district, and other
21 residents of the school district appointed to the
22 committee by the board. The code of classroom conduct
23 shall not be required to be uniform across school
24 districts, but shall, at a minimum, include the
25 following:

26 a. A determination of what constitutes dangerous,
27 disruptive, or unruly behavior, or behavior which
28 interferes with the ability of a teacher to teach
29 effectively, and which warrants removal of a pupil
30 from the classroom.
31 b. A procedure for the notification of a parent or
32 guardian of a pupil that the pupil has been removed
33 from a classroom.
34 c. A procedure for determining the appropriate
35 alternative placement of a pupil who has been removed
36 from a classroom.
37 d. Provisions which are consistent with sections
38 280.21, 280.21B, 280.24, 282.4, and 282.5.
39 2. A teacher may remove a pupil from a classroom
40 for a violation of the school district's code of
41 classroom conduct. A pupil who has been removed from
42 a classroom shall immediately be sent to the office of
43 the school principal, and the pupil's parent or
44 guardian shall be notified of the removal."
45 3. By renumbering as necessary.

Grundberg of Polk rose on a point of order that amendment
H-2022 was not germane.

The Speaker ruled the point well taken and amendment H-2022
not germane.

Mascher of Johnson offered the following amendment H-2020 filed
by her from the floor and moved its adoption:

H-2020

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 11, by striking lines 8 through 11 and
4 inserting the following: "year."

A non-record roll call was requested.

The ayes were 26, nays 50.

Amendment H-2020 lost.

Mascher of Johnson offered the following amendment H-2035 filed
by her from the floor and moved its adoption:

Division was requested as follows:

H-2035

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:

H-2035A

3 1. Page 11, by striking lines 23 through 27 and
4 inserting after the following:
5 "___. Notwithstanding section 284.4, subsection 2,
6 effective July 1, 2004, teacher performance shall be
7 reviewed annually for purposes of assisting the
8 teacher in making continuous improvement. The annual
9 review shall be conducted by a certified evaluator who
10 shall be selected by an administrator after
11 consultation with the teacher. School districts are
12 encouraged to make available time for and to utilize
13 peer review and peer coaching techniques when
14 conducting the annual review. The annual review need
15 not be conducted if the teacher has been
16 comprehensively reviewed during the same school year.
17 The".

H-2035B

18 2. Page 11, line 29, by striking the word
19 "should" and inserting the following: "may".

H-2035A

20 3. Page 19, by inserting after line 24 the
21 following:
22 "Sec. ___. Section 294A.14, unnumbered paragraphs
23 3 and 4, Code 2001, are amended to read as follows:
24 A plan shall be developed using the procedure
25 specified under section 294A.15. The plan shall
26 provide for the establishment of a performance-based
27 pay plan, a supplemental pay plan, a combination of
28 the two pay plans, or comprehensive school
29 transformation programs, and shall include a budget
30 for the cost of implementing the plan. In addition to
31 the costs of providing additional salary for teachers
32 and the amount required to pay the employers' share of
33 the federal social security and Iowa public employees'
34 retirement system, or a pension and annuity retirement
35 system established under chapter 294, and payments on
36 the additional salary, the budget may include costs
37 associated with providing specialized or general
38 training. Moneys received under phase III shall not
39 be used to employ additional employees of a school
40 district, except that phase III moneys may be used to
41 employ substitute teachers, part-time teachers, and

H-2035A

42 other employees needed to implement plans that provide
43 innovative staffing patterns, or that require that a
44 teacher employed on a full-time basis be absent from
45 the classroom for specified periods for fulfilling
46 other instructional duties or to participate on a peer
47 review team or in peer coaching efforts. However, all
48 teachers employed are eligible to receive additional
49 salary under an approved plan.
50 For the purpose of this section, a performance-

Page 2

1 based pay plan shall provide for salary increases for
2 teachers who demonstrate superior performance in
3 completing assigned duties. The plan shall include
4 the method used to determine superior performance of a
5 teacher. For school districts, the plan may include
6 assessments of specific teaching behavior performance,
7 assessments of student performance, assessments of
8 other characteristics associated with effective
9 teaching, or a combination of these criteria."
10 4. By renumbering as necessary.

On motion by Mascher of Johnson, amendment H-2035A was
adopted.

Mascher of Johnson moved the adoption of amendment H-2035B.

Amendment H-2035B lost.

Stevens of Dickinson offered the following amendment H-2016
filed by him from the floor and moved its adoption:

H-2016

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 12, line 20, by striking the word "not".

Amendment H-2016 lost.

Mascher of Johnson offered the following amendment H-2019 filed
by her from the floor and moved its adoption:


H-2019

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 14, line 23, by striking the words and
4 figures "Effective until July 1, 2004, a" and
5 inserting the following: "A".

Amendment H-2019 lost.

Mascher of Johnson offered the following amendment H-2018 filed
by her from the floor and moved its adoption:

H-2018

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 14, line 26, by striking the word "and".
4 2. Page 14, line 27, by inserting after the word
5 "section" the following: ", and who has been
6 designated by the school district to perform
7 evaluations".

Amendment H-2018 lost.

Dix of Butler asked and received unanimous consent to withdraw
amendment H-2006 filed by Dix, et al., on May 4, 2001.

Mascher of Johnson offered the following amendment H-2036 filed
by her from the floor and moved its adoption:

H-2036

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 17, by inserting after line 8 the
4 following:
5 "Sec. . NEW SECTION. 284.15 INTENT - REPEAL.
6 1. It is the intent of the general assembly to
7 appropriate funds in an amount of at least three
8 hundred million dollars annually for purposes of the
9 student achievement and teacher quality program by the
10 fiscal year beginning July 1, 2006.
11 2. If funds appropriated by the general assembly
12 for the fiscal year beginning July 1, 2002, and each
13 succeeding fiscal year, for purposes of this chapter
14 do not exceed the prior year's appropriation for
15 purposes of this chapter, this chapter is repealed

16 effective July 1 of the fiscal year for which the
17 general assembly failed to appropriate moneys
18 exceeding the prior year's appropriation for purposes
19 of this chapter."
20 2. By renumbering as necessary.

Speaker pro tempore Sukup in the chair at 9:50 p.m.

Speaker Siegrist in the chair at 10:00 p.m.

A non-record roll call was requested.

The ayes were 31, nays 49.

Amendment H-2036 lost.

Greimann of Story offered the following amendment H-2017 filed
by her from the floor and moved its adoption:

H-2017

1 Amend Senate File 476, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 19, line 28, through page 20,
4 line 7.
5 2. By renumbering as necessary.

Amendment H-2017 lost.

Carroll of Poweshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (S.F. 476)

The ayes were, 58:
Alons Arnold Atteberry Barry
Baudler Boal Boddicker Boggess
Brauns Broers Brunkhorst Bukta
Carroll De Boef Dix Dolecheck
Drake Eddie Elgin Falck
Finch Gipp Grundberg Hahn
Hansen Heaton Hoffman Horbach
Hoversten Huseman Huser Jacobs
Jenkins Kettering Klemme Larson
Manternach Metcalf Millage Myers
Raecker Rants Rayhons Roberts
Seng Shey Sievers Sukup
Teig Tymeson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 37:
Bell Bradley Chiodo Cohoon
Connors Cormack Dotzler Eichhorn
Fallon Foege Ford Frevert
Garman Greimann Hatch Johnson
Kreiman Kuhn Larkin Lensing
Mascher May Mertz Osterhaus
Petersen Rekow Reynolds Richardson
Scherrman Schrader Shoultz Smith
Stevens Taylor, D. Taylor, T. Tremmel
Winckler

 


Absent or not voting, 5:
Houser Jochum Murphy O'Brien
Quirk

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
May 7, 2001, passed the following bill in which the concurrence of the Senate was
asked:

House File 727, a bill for an act relating to mental health, mental retardation, and
developmental disabilities service provisions, including county funding for such
services expenditures and placements of persons with serious mental impairments and
providing effective and retroactive applicability dates.

Also: That the Senate has on May 7, 2001, amended and passed the following bill in
which the concurrence of the House is asked:

House File 746, a bill for an act relating to the compensation and benefits for public
officials and employees, providing for related matters, and making appropriations.

Also: That the Senate has on May 7, 2001, amended and passed the following bill in
which the concurrence of the House is asked:

House File 755, a bill for an act relating to public expenditure and regulatory
matters, making and reducing appropriations, and including effective date and
retroactive applicability provisions.

MICHAEL E. MARSHALL, Secretary

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
File 745 and Senate Files 198 and 476.

COMMITTEE RECOMMENDATION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON JUDICIARY

Senate File 543, a bill for an act making changes to criminal sentences by
permitting an aggravated misdemeanor charge for certain burglary in the third degree
criminal offenses, by creating a sentence of a determinate term of confinement and an
additional indeterminate term of years for certain class "D" felonies, by extending the
length of time for reconsideration of certain felony sentences, and providing penalties.

Fiscal Note is required.

Recommended Do Pass May 7, 2001.

Rants of Woodbury asked and received unanimous consent for the
immediate consideration of Senate File 543.

Regular Calendar

Senate File 543, a bill for an act making changes to criminal
sentences by permitting an aggravated misdemeanor charge for
certain burglary in the third degree criminal offenses, by creating a
sentence of a determinate term of confinement and an additional
indeterminate term of years for certain class "D" felonies, by
extending the length of time for reconsideration of certain felony

sentences, and providing penalties, with report of committee
recommending passage, was taken up for consideration.

Grundberg of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (S.F. 543)

The ayes were, 94:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Ford
Frevert Garman Gipp Greimann
Grundberg Hahn Hansen Hatch
Heaton Hoffman Horbach Hoversten
Huseman Huser Jacobs Jenkins
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Myers Osterhaus
Petersen Raecker Rants Rayhons
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Teig
Tremmel Tymeson Tyrrell Van Engelenhoven
Warnstadt Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 1:
Van Fossen

 


Absent or not voting, 5:
Houser Jochum Murphy O'Brien
Quirk

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.


SENATE AMENDMENTS CONSIDERED

Heaton of Henry called up for consideration Senate File 537, a
bill for an act relating to and making appropriations from the tobacco
settlement endowment fund and the healthy Iowans tobacco trust,
establishing certain uses for the appropriations, and providing
effective dates, amended by the House, further amended by the
Senate, and moved that the House concur in the following Senate
amendment H-2027 to the House amendment:

H-2027

1 Amend the House amendment, S-3645, to Senate File
2 537, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 1, by striking lines 3 through 6.
5 2. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-2027, to the House amendment.

Heaton of Henry moved that the bill, as amended by the House,
further amended by the Senate and concurred in by the House, be
read a last time now and placed upon its passage which motion
prevailed and the bill was read a last time.

On the question "Shall the bill pass?" (S.F. 537)

The ayes were, 94:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Falck Fallon
Finch Foege Ford Frevert
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Horbach Hoversten Huseman
Huser Jacobs Jenkins Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Myers Osterhaus Petersen
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Shey Shoultz
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 6:
Connors Houser Jochum Murphy
O'Brien Quirk

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 537 and 543.

Elgin of Linn called up for consideration House File 687, a bill for
an act relating to government accountability, by providing for
strategic planning, performance measurement and reporting,
performance audits, performance contracting, return on investment,
and oversight, and providing for its implementation, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-2028:

H-2028

1 Amend House File 687, as passed by the House, as
2 follows:
3 1. Page 3, by inserting after line 26, the
4 following:
5 " . The state board of regents shall establish
6 terms and conditions for service contracts executed by
7 institutions governed by the state board of regents."
8 2. Page 5, line 22, by inserting after the word
9 "chapter." the following: "However, the state board
10 of regents shall oversee and implement the provisions
11 of this chapter for institutions governed under
12 chapter 262."

The motion prevailed and the House concurred in the Senate
amendment H-2028.

Elgin of Linn moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed upon
its passage which motion prevailed and the bill was read a last time.

On the question "Shall the bill pass?" (H.F. 687)

The ayes were, 82:
Atteberry Barry Baudler Bell
Boal Boggess Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Cormack Dix Dolecheck
Dotzler Drake Eddie Elgin
Falck Fallon Finch Foege
Ford Frevert Gipp Greimann
Grundberg Hahn Hansen Hatch
Hoffman Horbach Hoversten Huseman
Huser Jacobs Jenkins Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Mascher May
Mertz Metcalf Millage Myers
Osterhaus Petersen Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Scherrman Schrader Seng
Shey Shoultz Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Teig Tremmel Tymeson Van Fossen
Warnstadt Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 12:
Alons Arnold Boddicker Bradley
De Boef Eichhorn Garman Heaton
Johnson Manternach Tyrrell Van Engelenhoven

 


Absent or not voting, 6:
Connors Houser Jochum Murphy
O'Brien Quirk

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.


Boal of Polk called up for consideration House File 637, a bill for
an act relating to the responsibilities and duties of the department of
education, area education agencies, and the commission of libraries,
including the renaming of the regional library system, the
appointment of trustees for the library service area, and development
of a biennial unified plan of service and service delivery in
consultation with library service areas and area education agency
media centers, amended by the Senate, and moved that the House
concur in the following Senate amendment H-1984:

H-1984

1 Amend House File 637, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 5, by striking line 7, and inserting the
4 following: "A regional library system is Library
5 service areas are".
6 2. Page 6, line 31, by striking the word and
7 figure "section 69.16" and inserting the following:
8 "sections 69.16 and 69.16A".
9 3. Page 6, by striking lines 32 and 33.
10 4. Page 7, by inserting after line 15 the
11 following:
12 "___. The commission of libraries shall adopt
13 rules providing for the coordination of appointments
14 made to the board of trustees in accordance with this
15 section."
16 5. Page 8, by inserting after line 9, the
17 following:
18 "Sec. . Section 256.66, Code 2001, is amended
19 by adding the following new subsection:
20 NEW SUBSECTION. 14. Shall assume all of the
21 outstanding obligations of the regional library and be
22 liable for and recognize, assume, and carry out all
23 valid contracts and obligations of the regional
24 library that the library service area replaces. Each
25 regional library in existence prior to July 1, 2001,
26 shall transfer its assets and title to any real estate
27 owned by the regional library to the library service
28 area that replaces the regional library."
29 6. Page 13, by striking lines 26 through 32 and
30 inserting the following:
31 "The maintenance of a county library established in
32 accordance with this chapter shall be on the basis of
33 each participating unit bearing its share of the total
34 cost in proportion to its population as compared to
35 the total population of the county library district.
36 The board of library trustees shall make".
37 7. Page 14, by inserting after line 19, the
38 following:

39 "This section shall not affect the taxing authority
40 provided under section 256.69."
41 8. Page 16, by inserting after line 11, the
42 following:
43 "Sec. . Section 669.2, subsection 5, Code 2001,
44 is amended to read as follows:
45 5. "State agency" includes all executive
46 departments, agencies, boards, bureaus, and
47 commissions of the state of Iowa, and corporations
48 whose primary function is to act as, and while acting
49 as, instrumentalities or agencies of the state of
50 Iowa, whether or not authorized to sue and be sued in

Page 2

1 their own names. This definition does not include a
2 contractor with the state of Iowa. Soil and water
3 conservation districts as defined in section 161A.3,
4 subsection 6, judicial district departments of
5 correctional services as established in section 905.2,
6 and regional library service area boards of library
7 trustees as defined established in chapter 256, are
8 state agencies for purposes of this chapter.
9 Sec. . DEPARTMENT OF MANAGEMENT STUDY. The
10 department of management shall coordinate a study of
11 city and county support of public library funding.
12 The department, in cooperation with the commission of
13 libraries, the Iowa league of cities, and the Iowa
14 state association of counties, shall determine whether
15 cities and counties are in compliance with section
16 256.69 requirements for support of public libraries,
17 identify inequities between city and county funding,
18 and determine the adequacy of the current minimum
19 levy. The department shall develop a plan to provide
20 those support functions and services more effectively
21 and efficiently. The department shall submit a report
22 of its findings and recommendations to the
23 chairpersons and ranking members of the senate and
24 house standing committees on education and the joint
25 appropriations subcommittee on education."
26 9. Page 16, by striking lines 12 through 18 and
27 inserting the following:
28 "Sec. . REGIONAL LIBRARY TERM EXPIRATION DATE.
29 Notwithstanding any provision to the contrary, the
30 terms of the regional library trustees elected in a
31 general election shall expire on July 1, 2001."
32 10. By renumbering, relettering, or redesignating
33 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-1984.

Boal of Polk moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed upon
its passage which motion prevailed and the bill was read a last time.

On the question "Shall the bill pass?" (H.F. 637)

The ayes were, 94:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Falck Fallon
Finch Foege Ford Frevert
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Horbach Hoversten Huseman
Huser Jacobs Jenkins Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Myers Osterhaus Petersen
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Shey Shoultz
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 6:
Connors Houser Jochum Murphy
O'Brien Quirk

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

HOUSE FILE 672 WITHDRAWN

Carroll of Poweshiek asked and received unanimous consent to
withdraw House File 672 from further consideration by the House.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 637 and 687.

MOTION TO RECONSIDER LOST

Rants of Woodbury called up for consideration the motion to
reconsider House File 737, filed on April 30, 2001, and moved to
reconsider the vote by which House File 737, a bill for an act
providing an Iowa individual income tax checkoff for deposit in the
keep Iowa beautiful fund, making an appropriation, and providing a
retroactive applicability date, passed the House and was placed on its
last reading on April 30, 2001.

A non-record roll call was requested.

The ayes were 14, nays 69.

The motion to reconsider lost, placing amendments H-1775, H-
1776 and H-1789 filed by Mascher of Johnson on April 30, 2001 out of
order.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 737 be immediately messaged to the Senate.

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on May 7, 2001.
Had I been present, I would have voted "aye" on House File 745 and
Senate File 198.

DRAKE of Pottawattamie


I was necessarily absent from the House chamber on May 7, 2001.
Had I been present, I would have voted "aye" on House Files 579, 745
and Senate File 198.

HANSEN of Pottawattamie

I was necessarily absent from the House chamber on May 7, 2001.
Had I been present, I would have voted "aye" on House Files 579, 745
and Senate File 198.

JOHNSON of Osceola

I was necessarily absent from the House chamber on May 7, 2001.
Had I been present, I would have voted "aye" on House File 413.

RICHARDSON of Warren

I was necessarily absent from the House chamber on May 7, 2001.
Had I been present, I would have voted "aye" on House Files 579, 745
and Senate File 198.

SHEY of Linn

I was necessarily absent from the House chamber on May 7, 2001.
Had I been present, I would have voted "aye" on House File 579.

TEIG of Hamilton

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 7th day of May, 2001: House Files 561, 590, 598, 643, 656 and 712.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.


BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on May 7, 2001, he approved and transmitted to the Secretary of
State the following bills:

House File 502, an act relating to agricultural production, by prohibiting acts
relating to facilities or operations, making penalties applicable, and providing penalties
and civil liability.

House File 635, an act providing that certain employees are not entitled to
compensation for time spent traveling to and from the worksite.

House File 680, an act relating to child and dependent abuse reporting and civil
remedies pertaining to such reporting.

House File 716, an act providing for taxes relating to ethanol blended gasoline,
making penalties applicable, and providing for the Act's applicability.

House File 722, an act relating to tonnage fees and moneys in the solid waste
account of the groundwater protection fund, and providing an effective date.

House File 733, an act relating to the Iowa individual health benefit reinsurance
association and the Iowa comprehensive health insurance association, by changing the
board of directors, membership, and assessment related to the associations, and
making changes related to adjustments in the coverage of basic and standard health
benefit plans.

Senate Joint Resolution 3, a joint resolution authorizing the sixth judicial district
department of correctional services to extend or enter into a new lease-purchase
agreement and providing an effective date.

Senate File 392, an act relating to appeals filed in juvenile court proceedings.

Senate File 473, an act concerning regulated industries under the jurisdiction of the
commissioner of insurance relating to various issues relating to insurance, relating to
the regulation of securities, by defining the terms "agent" and "security", providing
registration requirements, providing for disciplinary actions, imposing fees and civil
penalties, providing for testimony and the production of evidence, authorizing
cooperation with law enforcement entities, providing criminal penalties, and
eliminating reporting requirements, and relating to cemetery and funeral merchandise
and funeral services, establishing permit and purchase agreement requirements,
establishing and appropriating fees, and providing administration, enforcement, and
liquidation procedures, and penalties.

Senate File 519, an act relating to the assessment for property tax purposes of
certain affordable housing for low-income individuals and families.


GOVERNOR'S VETO MESSAGE

A copy of the following communication was received and placed on
file:

May 7, 2001

The Honorable Mary Kramer
President of the Senate
State Capitol Building
L O C A L

Dear President Kramer:

I hereby transmit Senate File 410, an act relating to the application of certain air
quality requirements to indoor emission units or air contaminant sources.

I am unable to approve Senate File 410. The original intent of this bill was to
clarify Iowa Code Section 455B.135 by specifying the Iowa Department of Natural
Resources does not have the authority to require air quality permits for equipment that
is not vented outside a building. The purpose of this proposed action was to avoid
undue burden on businesses and industries. I support this concept and worked to
develop a bill that met that intent.

Unfortunately, Senate File 410 as passed by the Iowa General Assembly contains
language that is ambiguous, causing confusion in the interpretation of the bill even
among members of the House and Senate. The definitions of "general ventilation" and
"directly vented" are unclear and subject to misinterpretation. The result of this bill, if
it were enacted, would be inconsistent regulation of air emissions even from the exact
same sources and less certainty about permitting requirements. In addition, it is not
possible to write rules that could be implemented without clarification of the definition
of those terms.

The Department of Natural Resources is involved in discussions with business and
industry to develop rules based on current law that provide the business community
the information it needs to achieve compliance, increase predictability in regulation
requirements, and reduce the overall burden. Supporters of this bill from business and
industry have suggested this goal may be achievable by means other than this bill. I
expect these discussions will continue to build consensus on rules thereby avoiding the
need for additional legislation. Otherwise, I am willing to work on legislation next year
that specifies the requirements for air quality permits and reduces the uncertainty and
additional costs incurred by Iowa’s businesses and industries.

For the above reasons, I hereby respectfully disapprove Senate File 410.

Sincerely,
Thomas J. Vilsack
Governor


PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

One Hundred students from Westwood Elementary School,
Ankeny. By Boal of Polk.

CERTIFICATES OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

MARGARET A. THOMSON
Chief Clerk of the House

2001\1140 Lloyd Otte, Clarinda - For celebrating his 90th birthday.

2001\1141 Alexander C. Selby, Corning - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2001\1142 Andy Miller, Shenandoah - For being the Herbert Hoover
Uncommon Student.

2001\1143 Esther Barrett, Correctionville - For celebrating her 80th birthday.

2001\1144 Phyllis Hansen, Correctionville - For celebrating her 80th birthday.

2001\1145 Earl Buckley, Lake View - For celebrating his 89th birthday.

2001\1146 Dorthea Witt, Odebolt - For celebrating her 100th birthday.

2001\1147 Joy and David Annear, Ida Grove - For celebrating their 50th
wedding anniversary.

2001\1148 Michael Charles, Waterloo - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.

2001\1149 Evelyn and Thomas Clark, Bellevue - For celebrating their 50th
wedding anniversary.

2001\1150 Dee and Gerry Ernst, Bellevue - For celebrating their 50th wedding
anniversary.

2001\1151 Matthew Burns, Maquoketa - For being a National Merit Scholar.

2001\1152 Louise and Bert Claussen, Newton - For celebrating their 60th
wedding anniversary.

2001\1153 Geraldine and Robert Conklin, Stratford - For celebrating their 50th
wedding anniversary.

2001\1154 MGen. Gennady Ivanovich Bakharev, Head of the Ministry of
Emergency management for the Rostov Region, Russia - For being
named an Honorary Iowan during his visit to Des Moines from May
4 - May 11, 2001.

2001\1155 Col. Alexander Alexandrovich Agayev, Commander of the Rescue
Center for the Emergency Management Agency of the Russian
Federation, Russia - For being named an Honorary Iowan during
his visit to Des Moines from May 4 - May 11, 2001.

2001\1156 Col. Alexander Viktorovich Tsimbalov, Head of the Emergency
Management Agency for the City of Rostov-on-Don, Russia - For
being named an Honorary Iowan during his visit to Des Moines
from May 4 - May 11, 2001.

2001\1157 Col. Dmitriy Petrovich Mycin, Head Supply for the Emergency
Management Agency for the Rostov Region, Russia - For being
named an Honorary Iowan during his visit to Des Moines from May
4 - May 11, 2001.

2001\1158 Col. Victor Gavrilovich Galitsin, Head of Protocol and International
Measures for Emergency Management, Russia - For being named
an Honorary Iowan during his visit to Des Moines from May 4 -
May 11, 2001.

2001\1159 Col. Nickolai Ivanovich Podresov, Head of the Emergency
Management Agency for the City of Azos in the Rostov Region,
Russia - For being named an Honorary Iowan during his visit to
Des Moines from May 4 - May 11, 2001.

2001\1160 Col. Vladimir Alexandrovich Kravchenko, First Deputy for the Fire
Service in the Rostov Region, Russia - For being named an
Honorary Iowan during his visit to Des Moines from May 4 - May
11, 2001.

2001\1161 Alexander Axsarbekovich Amilakhanov, Interpreter for Emergency
Management Agency of the Stavropol Kray, Russia - For being
named an Honorary Iowan during his visit to Des Moines from May
4 - May 11, 2001.

2001\1162 Col. Valeriy Anotolyevich Kavtasenkov, Head of the Emergency
Management Agency of the Stavropol Kray, Russia - For being
named an Honorary Iowan during his visit to Des Moines from May
4 - May 11, 2001.

2001\1163 Kara VandeKrol, Fort Madison - For winning All-State Speaker in
the category of Expository Address.


2001\1164 Michael Thompson, Fort Madison - For winning All-State Speaker
in the category of Reviewing.

2001\1165 Dolores and Frank Simmons, Clinton - For celebrating their 50th
wedding anniversary.

2001\1166 Logan Kruse, Clinton - For winning the Cub Scouts "God and Me"
Award.

2001\1167 Sue Brock, Mormon Trail Community School - For 32 years of
service as an Iowa Educator in the counties of Wayne, Decatur,
Clarke and Lucas.

2001\1168 Mary Keeney, Indianola - For celebrating her 80th birthday.

2001\1169 Ludmila Barzenkova, Interpreter, Russia - For being named an
Honorary Iowan during her visit to Des Moines from May 4 - May
11, 2001.

2001\1170 Kate Wiltse, Onawa - For celebrating her 90th birthday.

2001\1171 Mary Darling, Manilla - For celebrating her 82nd birthday.

2001\1172 Vernon Bielow, Charter Oak - For celebrating his 80th birthday.

2001\1173 Sally Nordaker, Ute - For celebrating her 80th birthday.

RESOLUTIONS FILED

HCR 38, by Heaton and Houser, a concurrent resolution requesting
the legislative council to include additional issues in the charge of the
mental health and developmental disabilities services restructuring
task force.

Laid over under Rule 25.

HR 47, by Roberts, a resolution designating October 15, 2001, as
Pregnancy and Infant Loss Remembrance Day.

Laid over under Rule 25.

AMENDMENTS FILED

H-2039 H.F. 755 Senate Amendment
H-2040 H.F. 746 Senate Amendment


On motion by Rants of Woodbury the House adjourned at 12:09
a.m., until 8:45 a.m., Tuesday, May 8, 2001.


Previous Day: Friday, May 4Next Day: Tuesday, May 8
Senate Journal: Index House Journal: Index
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