Text: H01577 Text: H01579 Text: H01500 - H01599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 549, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Section 1. Section 256.5A, Code 2003, is amended 1 6 to read as follows: 1 7 256.5A NONVOTING MEMBER. 1 8 The governor shall appoint the one nonvoting 1 9 student member of the state board for a term of one 1 10 year beginning and ending as provided in section 1 11 69.19. The nonvoting student member shall be 1 12 appointed from a list of names submitted by the state 1 13 board of education. Students enrolled in either grade 1 14 ten or eleven in a public school may apply to the 1 15 state board to serve as a nonvoting student member. 1 16 The department shall develop an application process 1 17 that requires the consent of the student's parent or 1 18 guardian if the student is a minor, initial 1 19 application approval by the school district in which 1 20 the student applicant is enrolled, and submission of 1 21 approved applications by a school district to the 1 22 department. The nonvoting student member's school 1 23 district of enrollment shall notify the student's 1 24 parents if the student's grade point average falls 1 25 during the period in which the student is a member of 1 26 the state board. The state board shall adopt rules 1 27 under chapter 17A specifying criteria for the 1 28 selection of applicants whose names shall be submitted 1 29 to the governor. Criteria shall include, but are not 1 30 limited to, academic excellence, participation in 1 31 extracurricular and community activities, and interest 1 32 in serving on the board. Rules adopted by the state 1 33 board shall also require, if the student is a minor, 1 34 supervision of the student by the student's parent or 1 35 guardian while the student is engaged in authorized 1 36 state board business at a location other than the 1 37 community in which the student resides, unless the 1 38 student's parent or guardian submits to the state 1 39 board a signed release indicating the parent or 1 40 guardian has determined that supervision of the 1 41 student by the parent or guardian is unnecessary. The 1 42 nonvoting student membershall be appointed without1 43regard to political affiliationappointment is not 1 44 subject to section 69.16 or 69.16A. The nonvoting 1 45 student member shall have been enrolled in a public 1 46 school in Iowa for at least one year prior to the 1 47 member's appointment. A nonvoting student member who 1 48 will not graduate from high school prior to the end of 1 49 a second term may apply to the state board for 1 50 submission of candidacy to the governor for a second 2 1 one-year term. A nonvoting student member shall be 2 2 paid a per diem as provided in section 7E.6 and the 2 3 student and the student's parent or guardian shall be 2 4 reimbursed for actual and necessary expenses incurred 2 5 in the performance of the student's duties as a 2 6 nonvoting member of the state board. A vacancy in the 2 7 membership of the nonvoting student member shall not 2 8 be filled until the expiration of the term. 2 9 Sec. . Section 256.7, subsection 21, unnumbered 2 10 paragraph 1, Code 2003, is amended to read as follows: 2 11 Develop and adopt rulesby July 1, 1999,2 12 incorporating accountability for, and reporting of, 2 13 student achievement into the standards and 2 14 accreditation process described in section 256.11. 2 15 The rules shall provide for all of the following:" 2 16 #2. Page 1, by inserting after line 31 the 2 17 following: 2 18 "Sec. . Section 256.9, Code 2003, is amended by 2 19 adding the following new subsection: 2 20 NEW SUBSECTION. 53. Develop and implement a 2 21 statewide program of educational assessment reporting. 2 22 The director shall provide information needed to 2 23 improve public schools by collecting and disseminating 2 24 data and information resulting from assessments made 2 25 of public school students, to aid in the development 2 26 and evaluation of educational programs and policies by 2 27 school districts, and to inform parents of the 2 28 educational progress of their children in the public 2 29 schools. Information collected under the department's 2 30 statewide program of educational assessment reporting 2 31 shall be utilized as part of the state report card on 2 32 school performance and on statewide progress by the 2 33 state in accordance with implementation of the federal 2 34 No Child Left Behind Act of 2001, Pub. L. No. 107-110. 2 35 The program shall include the assignment of a unique 2 36 student identifier to each student attending 2 37 kindergarten through grade twelve. 2 38 a. Not later than July 1, 2004, the department 2 39 shall maintain an internet site that reports the 2 40 following: 2 41 (1) Iowa tests of basic skills scores for each 2 42 school district that administers the test and for each 2 43 attendance center within the school district for 2 44 grades three through eight. Each school district 2 45 administering the Iowa test of basic skills shall 2 46 provide a report to the department relating to each 2 47 attendance center's test score averages and a 2 48 longitudinal analysis of student progress as specified 2 49 in paragraph "c". 2 50 The report shall contain attendance-center-level 3 1 test results for the Iowa test of basic skills in the 3 2 areas of reading, social studies, mathematics, and 3 3 science. The report shall include, but shall not be 3 4 limited to the number of students tested, the number 3 5 of test results used to compute the averages, average 3 6 standard score, the corresponding grade equivalent 3 7 score, average stanine score for the group, and the 3 8 normal curve equivalent of average standard scores, 3 9 and percentile ranks based on student norms, as well 3 10 as measures of student progress as specified in 3 11 paragraph "c". 3 12 (2) Iowa test of educational development scores 3 13 for each school district that administers the test and 3 14 for each attendance center within the school district 3 15 for grades nine through eleven. Each school district 3 16 administering the Iowa test of educational development 3 17 shall provide a report to the department relating to 3 18 each attendance center's test score averages and a 3 19 longitudinal analysis of student progress as specified 3 20 in paragraph "c". 3 21 b. Scores required to be reported under paragraph 3 22 "a", subparagraphs (1) and (2), shall be presented in 3 23 percentiles that allow for comparisons between 3 24 participating schools. The internet site shall 3 25 include background information regarding the tests, 3 26 including guidance for interpreting test scores and 3 27 the number of students that did not participate in the 3 28 tests and the reasons the students did not 3 29 participate. 3 30 c. The department shall approve the use of a 3 31 single value-added system to calculate annually the 3 32 amount of academic growth for each student, school, 3 33 and school district in reading and mathematics, and 3 34 other core academic areas where possible. The system 3 35 shall at a minimum contain the following capabilities: 3 36 (1) Use of a mixed-model statistical analysis that 3 37 has the ability to use all achievement test data for 3 38 each student, including the data for students with 3 39 missing test scores, that does not adjust downward 3 40 expectations for student progress based on race, 3 41 poverty, or gender, and that will provide the best 3 42 linear unbiased predictions of school or other 3 43 educational entity effects to minimize the impact of 3 44 fortuitous accumulation of random errors. 3 45 (2) The ability to work with test data from a 3 46 variety of sources, including data that are not 3 47 vertically scaled, and to provide a variety of 3 48 analyses of such data. 3 49 (3) The capacity to receive and report results 3 50 electronically and provide support for districts 4 1 utilizing the system. 4 2 (4) The ability to create for each school district 4 3 a chart that reports grade-equivalent scores for 4 4 grades three through eight and gains between 4 5 consecutive pairs of grades for each attendance center 4 6 and provides for a district-wide study of grade 4 7 equivalent scores. The system shall create a chart 4 8 for each district in accordance with this 4 9 subparagraph. 4 10 d. Each school district shall have complete access 4 11 to and utilization of its own value-added assessment 4 12 reports generated by the system at the student level 4 13 for the purpose of measuring student achievement at 4 14 different educational entity levels. 4 15 Sec. . Section 256.18, subsection 2, unnumbered 4 16 paragraph 2, Code 2003, is amended by striking the 4 17 unnumbered paragraph. 4 18 Sec. . Section 256.39, subsection 8, Code 2003, 4 19 is amended by striking the subsection. 4 20 Sec. . Section 256A.4, subsection 1, unnumbered 4 21 paragraph 1, Code 2003, is amended to read as follows: 4 22 The board of directors of each school district may 4 23 develop and offer a program which provides outreach 4 24 and incentives for the voluntary participation of 4 25 expectant parents and parents of children in the 4 26 period of life from birth through age five, who reside 4 27 within district boundaries, in educational family 4 28 support experiences designed to assist parents in 4 29 learning about the physical, mental, and emotional 4 30 development of their children.A district providing a4 31family support program, which seeks additional funding4 32under sections 294A.13 through 294A.16, shall meet the4 33requirements of this section and the program shall be4 34subject to approval by the department of education.A 4 35 board may contract with another school district or 4 36 public or private nonprofit agency for provision of 4 37 the approved program or program site. 4 38 Sec. 101. Section 256D.9, Code 2003, is amended to 4 39 read as follows: 4 40 256D.9 FUTURE REPEAL. 4 41 This chapter is repealed effective July 1,20034 42 2004. 4 43 Sec. 102. Section 257.3, subsection 2, Code 2003, 4 44 is amended to read as follows: 4 45 2. TAX FOR REORGANIZED AND DISSOLVED DISTRICTS. 4 46 a. Notwithstanding subsection 1, a reorganized 4 47 school district shall cause a foundation property tax 4 48 of four dollars and forty cents per thousand dollars 4 49 of assessed valuation to be levied on all taxable 4 50 property which, in the year preceding a 5 1 reorganization, was within a school district affected 5 2 by the reorganization as defined in section 275.1, or 5 3 in the year preceding a dissolution was a part of a 5 4 school district that dissolved if the dissolution 5 5 proposal has been approved by the director of the 5 6 department of education pursuant to section 275.55. 5 7In the year preceding the reorganization or5 8dissolution, the school district affected by the5 9reorganization or the school district that dissolved5 10must have had a certified enrollment of fewer than six5 11hundred in order for the four-dollar-and-forty-cent5 12levy to apply.5 13 b. In succeeding school years, the foundation 5 14 property tax levy on that portion shall be increased 5 15 to the rate of four dollars and ninety cents per 5 16 thousand dollars of assessed valuation the first 5 17 succeeding year, five dollars and fifteen cents per 5 18 thousand dollars of assessed valuation the second 5 19 succeeding year, and five dollars and forty cents per 5 20 thousand dollars of assessed valuation the third 5 21 succeeding year and each year thereafter. 5 22 c. The foundation property tax levy reduction 5 23 pursuant to this subsection shall be available if 5 24 either of the following apply: 5 25 (1) In the year preceding the reorganization or 5 26 dissolution, the school district affected by the 5 27 reorganization or the school district that dissolved 5 28 had a certified enrollment of fewer than six hundred 5 29 pupils. 5 30 (2) In the year preceding the reorganization or 5 31 dissolution, the school district affected by the 5 32 reorganization or the school district that dissolved 5 33 had a certified enrollment of six hundred pupils or 5 34 greater, and entered into a reorganization or 5 35 dissolution with one or more school districts with a 5 36 certified enrollment of fewer than six hundred pupils. 5 37 The amount of foundation property tax reduction 5 38 received by a school district qualifying for the 5 39 reduction pursuant to this subparagraph shall not 5 40 exceed the highest reduction amount provided in 5 41 paragraphs "a" and "b" received by any of the school 5 42 districts with a certified enrollment of fewer than 5 43 six hundred pupils involved in the reorganization 5 44 pursuant to subparagraph (1) of this paragraph "c". 5 45 d. For purposes of this section, a reorganized 5 46 school district is one which absorbs at least thirty 5 47 percent of the enrollment of the school district 5 48 affected by a reorganization or dissolved during a 5 49 dissolution and in which action to bring about a 5 50 reorganization or dissolution is initiated by a vote 6 1 of the board of directors or jointly by the affected 6 2 boards of directors to take effect on or after July 1, 6 3 2002, and on or before July 1, 2006. Each district 6 4 which initiated, by a vote of the board of directors 6 5 or jointly by the affected boards, action to bring 6 6 about a reorganization or dissolution to take effect 6 7 on or after July 1, 2002, and on or before July 1, 6 8 2006, shall certify the date and the nature of the 6 9 action taken to the department of education by January 6 10 1 of the year in which the reorganization or 6 11 dissolution takes effect. 6 12 Sec. ___. Section 257.11, subsection 2, paragraph 6 13 c, subparagraph (2), Code 2003, is amended to read as 6 14 follows: 6 15 (2) A school district which was not participating 6 16 in a whole grade sharing arrangement during the budget 6 17 year beginning July 1, 2000, which executes a whole 6 18 grade sharing agreement pursuant to sections 282.10 6 19 through 282.12 for the budget year beginning July 1, 6 20 2002,orJuly 1, 2003, July 1, 2004, or July 1, 2005, 6 21 and which adopts a resolution jointly with the other 6 22 affected boards to study the question of undergoing a 6 23 reorganization or dissolution to take effect on or 6 24 before July 1, 2006, shall receive a weighting of one- 6 25 tenth of the percentage of the pupil's school day 6 26 during which the pupil attends classes in another 6 27 district, attends classes taught by a teacher who is 6 28 jointly employed under section 280.15, or attends 6 29 classes taught by a teacher who is employed by another 6 30 school district. A district shall be eligible for 6 31 supplementary weighting pursuant to this subparagraph 6 32 for a maximum of three years. Receipt of 6 33 supplementary weighting for a second and third year 6 34 shall be conditioned upon submission of information 6 35 resulting from the study to the school budget review 6 36 committee indicating progress toward the objective of 6 37 reorganization on or before July 1, 2006. 6 38 Sec. . Section 258.17, subsection 4, Code 2003, 6 39 is amended to read as follows: 6 40 4. Each workstart program shall include a written 6 41 agreement by the school or school district with one or 6 42 more businesses from the surrounding community to 6 43 provide workplace-specific training and learning 6 44 programs which are related to the skills needed to 6 45 succeed in those occupational areas. The proposed 6 46 plan for implementation of the workstart program shall 6 47 include a copy of the written agreement between the 6 48 school or school district and the business or 6 49 businesses and a business support component, which 6 50 shall consist of financial or in-kind support, or both 7 1 financial and in-kind support, from the businesses 7 2 that have entered into the agreement with the school 7 3 or school district.The plan may provide for the7 4utilization of phase III and other available school7 5funds in the establishment of the program. A7 6workstart program is a comprehensive school7 7transformation program under section 294A.14.7 8 Sec. . Section 262.9, Code 2003, is amended by 7 9 adding the following new subsection: 7 10 NEW SUBSECTION. 29. Develop a policy, not later 7 11 than August 1, 2003, that each institution of higher 7 12 education under the control of the board shall 7 13 approve, institute, and enforce, which prohibits 7 14 students, faculty, and staff from harassing or 7 15 intimidating a student or any other person on 7 16 institution property who is wearing the uniform of, or 7 17 a distinctive part of the uniform of, the armed forces 7 18 of the United States. A policy developed in 7 19 accordance with this subsection shall not prohibit an 7 20 individual from wearing such a uniform on institution 7 21 property if the individual is authorized to wear the 7 22 uniform under the laws of a state or the United 7 23 States. The policy shall provide for appropriate 7 24 sanctions. 7 25 Sec. . Section 272.2, subsection 14, paragraph 7 26 b, subparagraph (1), subparagraph subdivision (b), 7 27 Code 2003, is amended by adding the following new 7 28 subparagraph subdivision part: 7 29 NEW SUBPARAGRAPH SUBDIVISION PART. (viii) Sexual 7 30 exploitation by a school employee. 7 31 Sec. . Section 272.2, Code 2003, is amended by 7 32 adding the following new subsection: 7 33 NEW SUBSECTION. 17. Adopt criteria for 7 34 administrative endorsements that allow a person to 7 35 achieve the endorsement authorizing the person to 7 36 serve as an elementary or secondary principal without 7 37 regard to the grade level at which the person accrued 7 38 teaching experience. 7 39 Sec. . NEW SECTION. 272.15 SCHOOL REPORTING 7 40 REQUIREMENT. 7 41 The board of directors of a school district or area 7 42 education agency, the superintendent of a school 7 43 district or the chief administrator of an area 7 44 education agency, and the authorities in charge of a 7 45 nonpublic school shall report to the board the 7 46 nonrenewal or termination, for reasons of alleged or 7 47 actual misconduct, of a person's contract executed 7 48 under sections 279.12, 279.13, 279.15 through 279.21, 7 49 279.23, and 279.24, and the resignation of a person 7 50 who holds a license, certificate, or authorization 8 1 issued by the board as a result of or following an 8 2 incident or allegation of misconduct that, if proven, 8 3 would constitute a violation of the rules adopted by 8 4 the board to implement section 272.2, subsection 14, 8 5 paragraph "b", subparagraph (1), when the board or 8 6 reporting official has a good faith belief that the 8 7 incident occurred or the allegation is true. 8 8 Information reported to the board in accordance with 8 9 this section is privileged and confidential, and, 8 10 except as provided in section 272.13, is not subject 8 11 to discovery, subpoena, or other means of legal 8 12 compulsion for its release to a person other than the 8 13 respondent and the board and its employees and agents 8 14 involved in licensee discipline, and is not admissible 8 15 in evidence in a judicial or administrative proceeding 8 16 other than the proceeding involving licensee 8 17 discipline. The board shall review the information 8 18 reported to determine whether a complaint should be 8 19 initiated. In making that determination, the board 8 20 shall consider the factors enumerated in section 8 21 272.2, subsection 14, paragraph "a". For purposes of 8 22 this section, unless the context otherwise requires, 8 23 "misconduct" means an action disqualifying an 8 24 applicant for a license or causing the license of a 8 25 person to be revoked or suspended in accordance with 8 26 the rules adopted by the board to implement section 8 27 272.2, subsection 14, paragraph "b", subparagraph 8 28 (1)." 8 29 #3. Page 3, line 15, by striking the word 8 30 "ordinary" and inserting the following: "certified". 8 31 #4. By striking page 10, line 10, through page 11, 8 32 line 1. 8 33 #5. Page 11, by striking lines 2 through 15. 8 34 #6. Page 11, by inserting before line 16, the 8 35 following: 8 36 "Sec. . Section 279.13, Code 2003, is amended 8 37 by adding the following new subsection: 8 38 NEW SUBSECTION. 4. Notwithstanding the other 8 39 provisions of this section, a temporary contract may 8 40 be issued to a teacher to fill a vacancy created by a 8 41 leave of absence in accordance with the provisions of 8 42 section 29A.28, which contract shall automatically 8 43 terminate upon return from military leave of the 8 44 former incumbent of the teaching position and which 8 45 contract shall not be subject to the provisions of 8 46 sections 279.15 through 279.19, or section 279.27. A 8 47 separate extracurricular contract issued pursuant to 8 48 section 279.19A to a person issued a temporary 8 49 contract under this section shall automatically 8 50 terminate with the termination of the temporary 9 1 contract as required under section 279.19A, subsection 9 2 8. 9 3 Sec. . Section 279.23, Code 2003, is amended by 9 4 adding the following new unnumbered paragraph: 9 5 NEW UNNUMBERED PARAGRAPH. Notwithstanding the 9 6 other provisions of this section, a temporary contract 9 7 may be issued to an administrator to fill a vacancy 9 8 created by a leave of absence in accordance with the 9 9 provisions of section 29A.28, which contract shall 9 10 automatically terminate upon return from military 9 11 leave of the former incumbent of the administrator 9 12 position and which contract shall not be subject to 9 13 the provisions of sections 279.24 and section 279.25." 9 14 #7. Page 12, by inserting after line 20 the 9 15 following: 9 16 "Sec. 103. Section 282.18, subsection 3, Code 9 17 2003, is amended to read as follows: 9 18 3. In all districts involved with voluntary or 9 19 court-ordered desegregation, minority and nonminority 9 20 pupil ratios shall be maintained according to the 9 21 desegregation plan or order. The superintendent of a 9 22 district subject to voluntary or court-ordered 9 23 desegregation may deny a request for transfer under 9 24 this section if the superintendent finds that 9 25 enrollment or release of a pupil will adversely affect 9 26 the district's implementation of the desegregation 9 27 order or plan, unless the transfer is requested by a 9 28 pupil whose sibling is already participating in open 9 29 enrollment to another district, or unless the request 9 30 for transfer is submitted to the district in a timely 9 31 manner as required under subsection 2 prior to the 9 32 adoption of a desegregation plan by the district. If 9 33 a transfer request would facilitate a voluntary or 9 34 court-ordered desegregation plan, the district shall 9 35 give priority to granting the request over other 9 36 requests. 9 37 A parent or guardian, whose request has been denied 9 38 because of a desegregation order or plan, may appeal 9 39 the decision of the superintendent to the board of the 9 40 district in which the request was denied. The board 9 41 may either uphold or overturn the superintendent's 9 42 decision. A decision of the board to uphold the 9 43 denial of the request is subject to appeal to the 9 44 district court in the county in which the primary 9 45 business office of the district is located. By July 9 46 1, 2004, the state board of education shall adopt 9 47 rules establishing guidelines and a review process for 9 48 school districts that adopt voluntary desegregation 9 49 plans. The guidelines shall include criteria and 9 50 standards that school districts must follow when 10 1 developing a voluntary desegregation plan. The 10 2 department of education shall provide technical 10 3 assistance to a school district that is seeking to 10 4 adopt a voluntary desegregation plan. A school 10 5 district implementing a voluntary desegregation plan 10 6 prior to July 1, 2004, shall have until July 1, 2006, 10 7 to comply with guidelines adopted by the state board 10 8 pursuant to this section. 10 9 Sec. . Section 282.18, subsection 7, Code 2003, 10 10 is amended to read as follows: 10 11 7. A pupil participating in open enrollment shall 10 12 be counted, for state school foundation aid purposes, 10 13 in the pupil's district of residence. A pupil's 10 14 residence, for purposes of this section, means a 10 15 residence under section 282.1. The board of directors 10 16 of the district of residence shall pay to the 10 17 receiving district the state cost per pupil for the 10 18 previous school year, plus any moneys received for the 10 19 pupil as a result of the non-English speaking 10 20 weighting under section 280.4, subsection 3, for the 10 21 previous school year multiplied by the state cost per 10 22 pupil for the previous year.The district of10 23residence shall also transmit the phase III moneys10 24allocated to the district for the previous year for10 25the full-time equivalent attendance of the pupil, who10 26is the subject of the request, to the receiving10 27district specified in the request for transfer.If 10 28 the pupil participating in open enrollment is also an 10 29 eligible pupil under chapter 261C, the receiving 10 30 district shall pay the tuition reimbursement amount to 10 31 an eligible postsecondary institution as provided in 10 32 section 261C.6." 10 33 #8. Page 16, line 1, by striking the words 10 34 "teacher's supervisor" and inserting the following: 10 35 "teachers's supervisor and the". 10 36 #9. Page 18, by striking lines 25 and 26 and 10 37 inserting the following: 10 38 "Sec. ___. Section 284.11, subsections 1 and 6, 10 39 Code 2003, are amended to read as follows: 10 40 1. It is the intent of the general assembly to 10 41 create a statewide team-based variable pay program to 10 42 reward individual attendance centers for improvement 10 43 in student achievement. A pilot program is 10 44 established to give Iowa school districts with one or 10 45 more participating attendance centers the opportunity 10 46 to explore and demonstrate successful methods to 10 47 implement team-based variable pay and to compare 10 48 student achievement gains in school districts 10 49 participating in the program with gains in school 10 50 districts similar in nature that are not participating 11 1 in the program. The department shall develop and 11 2 administer the pilot program and shall provide 11 3 technical assistance in the areas of goal setting and 11 4 student assessments to school districts approved to 11 5 participate in the pilot program. Preference shall be 11 6 given to school districts that were previously 11 7 approved to participate in a pilot program 11 8 administered by the department in accordance with this 11 9 section. Each school district approved by the 11 10 department to participate in the pilot program shall 11 11 administer valid and reliable standardized assessments 11 12 at the beginning and end of the school year to 11 13 demonstrate growth in student achievement. 11 14 6. A district electing to initiate a team-based 11 15 variable pay plan according to this section during the 11 16 school year beginning July 1,20012003, shall notify 11 17 the department of its election in writing no later 11 18 than August 1,20012003. The department shall 11 19 certify the school district plan by October 1,200111 20 2003." 11 21 #10. Page 18, by inserting before line 27 the 11 22 following: 11 23 "Sec. . Section 285.5, subsection 9, Code 2003, 11 24 is amended to read as follows: 11 25 9. All bus drivers, except substitute and part- 11 26 time bus drivers, for school-owned equipment shall be 11 27 under contract with the board. The director of the 11 28 department of education shall prepare a uniform 11 29 contract containing provision not in conflict with 11 30 this chapter which shall be used by all school boards 11 31 in contracting with drivers of school-owned vehicles." 11 32 #11. Page 19, by inserting after line 7 the 11 33 following: 11 34 "Sec. . Section 294A.1, unnumbered paragraph 1, 11 35 Code 2003, is amended to read as follows: 11 36 The purpose of this chapter is to promote 11 37 excellence in education. In order to maintain and 11 38 advance the educational excellence in the state of 11 39 Iowa, this chapter establishes the Iowa educational 11 40 excellence program. The program shall consist of 11 41threetwo major phases addressing the following: 11 42 Sec. . Section 294A.1, subsection 3, Code 2003, 11 43 is amended by striking the subsection. 11 44 Sec. . Section 294A.3, unnumbered paragraph 2, 11 45 Code 2003, is amended by striking the unnumbered 11 46 paragraph. 11 47 Sec. . Section 294A.22, unnumbered paragraph 3, 11 48 Code 2003, is amended to read as follows: 11 49 Payments made to a teacher by a school district or 11 50 area education agency under this chapter are wages for 12 1 the purposes of chapter 91Aexcept for payments made12 2under an approved phase III plan where a modified12 3payment plan has either been mutually agreed upon by12 4the board of directors and the certified bargaining12 5representative for certificated employees or for a12 6district that is not organized for collective12 7bargaining purposes where a modified payment plan is12 8adopted by the board." 12 9 #12. Page 19, by striking lines 8 through 32. 12 10 #13. Page 19, by inserting before line 33 the 12 11 following: 12 12 "Sec. ___. Section 321.375, subsection 2, 12 13 unnumbered paragraph 1, Code 2003, is amended to read 12 14 as follows: 12 15 Any of the following shall constitute grounds for a 12 16 school bus driver's immediate suspension from duties, 12 17 pending a termination hearing by the board of 12 18 directors of a public school district or the 12 19 authorities in charge in a nonpublic school if the bus 12 20 driver is under contract, pending confirmation of the 12 21 grounds by the school district or accredited nonpublic 12 22 school if the bus driver is a part-time or substitute 12 23 bus driver who is not under contract, or pending 12 24 confirmation of the grounds by the employer of the 12 25 school bus driver if the employer is not a school 12 26 district or accredited nonpublic school by the board: 12 27 Sec. ___. Section 321.375, subsection 2, Code 12 28 2003, is amended by adding the following new 12 29 paragraph: 12 30 NEW PARAGRAPH. e. A change in circumstances 12 31 indicating that the driver is no longer physically or 12 32 mentally competent. For the purpose of an insulin- 12 33 dependent diabetic, a change in circumstances includes 12 34 the following: 12 35 (1) Results of a glycosylated hemoglobin test 12 36 indicating values less than 6.0 percent or greater 12 37 than 9.5 percent unless accompanied by the required 12 38 medical opinion that the event was incidental and not 12 39 an indication of failure to control glucose levels. 12 40 (2) Results of self-monitoring indicate glucose 12 41 levels less than one hundred milligrams per deciliter 12 42 or greater than three hundred milligrams per 12 43 deciliter, until self-monitoring indicates compliance 12 44 with specifications. 12 45 (3) Experiencing a loss of consciousness or 12 46 control relating to diabetes. 12 47 (4) Failing to maintain or falsifying the required 12 48 reports. 12 49 Sec. ___. Section 321.375, Code 2003, is amended 12 50 by adding the following new subsection: 13 1 NEW SUBSECTION. 3. a. Notwithstanding any 13 2 provision to the contrary, an insulin-dependent 13 3 diabetic may qualify under subsection 1, paragraph 13 4 "d", for purposes of operating a school bus under this 13 5 section if a person identified by federal or state law 13 6 as authorized to perform physical examinations 13 7 annually provides a signed statement indicating that 13 8 based upon an annual physical examination the 13 9 individual is physically able to perform the required 13 10 functions despite insulin dependency. The insulin- 13 11 dependent diabetic shall not qualify to operate a 13 12 school bus if, at minimum, the individual results of a 13 13 glycosylated hemoglobin test indicate values less than 13 14 6.0 percent or greater than 9.5 percent on other than 13 15 an incidental basis and not as a result of failure to 13 16 control glucose levels. The statement shall also 13 17 indicate that within the past three years the insulin- 13 18 dependent diabetic has completed instruction to 13 19 address diabetes management and driving safety, signs 13 20 and symptoms of hypoglycemia and hyperglycemia, and 13 21 what procedures must be followed if complications 13 22 arise. 13 23 b. A school district or authorities in charge of 13 24 the nonpublic school that employs or otherwise secures 13 25 the services of an individual with an authorization 13 26 who is an insulin-dependent diabetic shall monitor the 13 27 insulin-dependent diabetic to determine that they are 13 28 in compliance with all of the following: 13 29 (1) Self-monitoring blood glucose and 13 30 demonstrating conformance with requirements, more than 13 31 one hundred milligrams per deciliter and less than 13 32 three hundred milligrams per deciliter, within one 13 33 hour before driving a school bus and approximately 13 34 every four hours while on duty using a United States 13 35 food and drug administration approved device. 13 36 (2) Reporting immediately to the school district 13 37 or school any failure to comply with specific glucose 13 38 level requirements as listed in subparagraph (1) or 13 39 loss of consciousness or control. 13 40 (3) Carrying a source of readily absorbable, fast- 13 41 acting glucose while on duty. 13 42 (4) Maintaining a daily log of all glucose test 13 43 results for the previous six-month period and 13 44 providing copies to the school district or school, the 13 45 examining physician, and the department of education 13 46 upon request. 13 47 (5) Submitting all required department of 13 48 education forms within the prescribed timelines." 13 49 #14. Page 20, by inserting after line 7 the 13 50 following: 14 1 "Sec. . Section 331.909, subsection 2, Code 14 2 2003, is amended to read as follows: 14 3 2. The activities of a multidisciplinary community 14 4 services team shall not duplicate the activities of a 14 5 multidisciplinary team for child abuse under section 14 6 235A.13, dependent adult abuse activities under 14 7 section 235B.6,area education agency activities under14 8section 294A.14,or child victim services provided 14 9 under section 915.35. 14 10 Sec. . Section 614.1, subsection 12, Code 2003, 14 11 is amended to read as follows: 14 12 12. SEXUAL ABUSE OR SEXUAL EXPLOITATION BY A 14 13 COUNSELOR,ORTHERAPIST, OR SCHOOL EMPLOYEE. An 14 14 action for damages for injury suffered as a result of 14 15 sexual abuse, as defined in section 709.1, by a 14 16 counselor,ortherapist, or school employee, as 14 17 defined in section 709.15, or as a result of sexual 14 18 exploitation by a counselor,ortherapist, or school 14 19 employee shall be brought within five years of the 14 20 date the victim was last treated by the counselor or 14 21 therapist, or within five years of the date the victim 14 22 was last enrolled in or attended the school. 14 23 Sec. . Section 692A.1, subsection 10, Code 14 24 2003, is amended to read as follows: 14 25 10. "Sexual exploitation" means sexual 14 26 exploitation by a counselor,ortherapist, or school 14 27 employee under section 709.15. 14 28 Sec. . Section 702.11, subsection 2, paragraph 14 29 d, Code 2003, is amended to read as follows: 14 30 d. Sexual exploitation by a counselor,or14 31 therapist, or school employee in violation of section 14 32 709.15. 14 33 Sec. . Section 709.15, Code 2003, is amended to 14 34 read as follows: 14 35 709.15 SEXUAL EXPLOITATION BY A COUNSELOR,OR14 36 THERAPIST, OR SCHOOL EMPLOYEE. 14 37 1. As used in this section: 14 38 a. "Counselor or therapist" means a physician, 14 39 psychologist, nurse, professional counselor, social 14 40 worker, marriage or family therapist, alcohol or drug 14 41 counselor, member of the clergy, or any other person, 14 42 whether or not licensed or registered by the state, 14 43 who provides or purports to provide mental health 14 44 services. 14 45 b. "Emotionally dependent" means that the nature 14 46 of the patient's or client's or former patient's or 14 47 client's emotional condition or the nature of the 14 48 treatment provided by the counselor or therapist is 14 49 such that the counselor or therapist knows or has 14 50 reason to know that the patient or client or former 15 1 patient or client is significantly impaired in the 15 2 ability to withhold consent to sexual conduct, as 15 3 described inparagraph "f"subsection 2, by the 15 4 counselor or therapist. 15 5 For the purposes ofparagraph "f"subsection 2, a 15 6 former patient or client is presumed to be emotionally 15 7 dependent for one year following the termination of 15 8 the provision of mental health services. 15 9 c. "Former patient or client" means a person who 15 10 received mental health services from the counselor or 15 11 therapist. 15 12 d. "Mental health service" means the treatment, 15 13 assessment, or counseling of another person for a 15 14 cognitive, behavioral, emotional, mental, or social 15 15 dysfunction, including an intrapersonal or 15 16 interpersonal dysfunction. 15 17 e. "Patient or client" means a person who receives 15 18 mental health services from the counselor or 15 19 therapist. 15 20 f. "School employee" means a practitioner as 15 21 defined in section 272.1. 15 22 g. "Student" means a person who is currently 15 23 enrolled in or attending a public or nonpublic 15 24 elementary or secondary school, or who was a student 15 25 enrolled in or attended a public or nonpublic 15 26 elementary or secondary school within thirty days of 15 27 any violation of subsection 3. 15 28f.2."SexualSexual exploitation by a counselor 15 29 ortherapist"therapist occurs when any of the 15 30 following are found: 15 31(1)a. A pattern or practice or scheme of conduct 15 32 to engage in any of the conduct described in 15 33subparagraph (2) or (3)paragraph "b" or "c". 15 34(2)b. Any sexual conduct, with an emotionally 15 35 dependent patient or client or emotionally dependent 15 36 former patient or client for the purpose of arousing 15 37 or satisfying the sexual desires of the counselor or 15 38 therapist or the emotionally dependent patient or 15 39 client or emotionally dependent former patient or 15 40 client, which includes but is not limited to the 15 41 following: kissing; touching of the clothed or 15 42 unclothed inner thigh, breast, groin, buttock, anus, 15 43 pubes, or genitals; or a sex act as defined in section 15 44 702.17. 15 45(3)c. Any sexual conduct with a patient or client 15 46 or former patient or client within one year of the 15 47 termination of the provision of mental health services 15 48 by the counselor or therapist for the purpose of 15 49 arousing or satisfying the sexual desires of the 15 50 counselor or therapist or the patient or client or 16 1 former patient or client which includes but is not 16 2 limited to the following: kissing; touching of the 16 3 clothed or unclothed inner thigh, breast, groin, 16 4 buttock, anus, pubes, or genitals; or a sex act as 16 5 defined in section 702.17. 16 6"SexualSexual exploitation by a counselor or 16 7therapist"therapist does not include touching which 16 8 is part of a necessary examination or treatment 16 9 provided a patient or client by a counselor or 16 10 therapist acting within the scope of the practice or 16 11 employment in which the counselor or therapist is 16 12 engaged. 16 13 3. Sexual exploitation by a school employee occurs 16 14 when any of the following are found: 16 15 a. A pattern or practice or scheme of conduct to 16 16 engage in any of the conduct described in paragraph 16 17 "b". 16 18 b. Any sexual conduct with a student for the 16 19 purpose of arousing or satisfying the sexual desires 16 20 of the school employee or the student. Sexual conduct 16 21 includes but is not limited to the following: 16 22 kissing; touching of the clothed or unclothed inner 16 23 thigh, breast, groin, buttock, anus, pubes, or 16 24 genitals; or a sex act as defined in section 702.17. 16 25 Sexual exploitation by a school employee does not 16 26 include touching that is necessary in the performance 16 27 of the school employee's duties while acting within 16 28 the scope of employment. 16 292.4. a. A counselor or therapist who commits 16 30 sexual exploitation in violation of subsection12, 16 31 paragraph"f""a",subparagraph (1),commits a class 16 32 "D" felony. 16 333.b. A counselor or therapist who commits sexual 16 34 exploitation in violation of subsection12, paragraph 16 35"f""b",subparagraph (2),commits an aggravated 16 36 misdemeanor. 16 374.c. A counselor or therapist who commits sexual 16 38 exploitation in violation of subsection12, paragraph 16 39"f""c",subparagraph (3),commits a serious 16 40 misdemeanor. In lieu of the sentence provided for 16 41 under section 903.1, subsection 1, paragraph "b", the 16 42 offender may be required to attend a sexual abuser 16 43 treatment program. 16 44 5. a. A school employee who commits sexual 16 45 exploitation in violation of subsection 3, paragraph 16 46 "a", commits a class "D" felony. 16 47 b. A school employee who commits sexual 16 48 exploitation in violation of subsection 3, paragraph 16 49 "b", commits an aggravated misdemeanor. 16 50 Sec. . Section 802.2A, subsection 2, Code 2003, 17 1 is amended to read as follows: 17 2 2. An indictment or information for sexual 17 3 exploitation by a counselor,ortherapist, or school 17 4 employee under section 709.15 committed on or with a 17 5 person who is under the age of eighteen shall be found 17 6 within ten years after the person upon whom the 17 7 offense is committed attains eighteen years of age. 17 8 An information or indictment for any other sexual 17 9 exploitation shall be found within ten years of the 17 10 date the victim was last treated by the counselor or 17 11 therapist, or within ten years of the date the victim 17 12 was enrolled in or attended the school. 17 13 Sec. . Section 903B.1, subsection 4, paragraph 17 14 h, Code 2003, is amended to read as follows: 17 15 h. Sexual exploitationby a counselorin violation 17 16 of section 709.15." 17 17 #15. Page 21, by inserting after line 25 the 17 18 following: 17 19 "Sec. 104. READING INSTRUCTION PILOT PROGRAM. 17 20 1. Recognizing the state's goals of assisting 17 21 children to grow, develop, and learn to their fullest 17 22 extent, empowering students in grades kindergarten 17 23 though eight to become good readers, and supporting 17 24 student achievement and overall academic performance, 17 25 and recognizing the importance of instructional 17 26 methodologies and strategies for reading, a reading 17 27 instruction pilot program is established. The 17 28 objective of the program shall be to improve student 17 29 reading achievement and provide interventions needed 17 30 to assist struggling readers by increasing teacher 17 31 capacity to provide reading instruction. 17 32 2. The program shall be established for the school 17 33 year beginning July 1, 2003, in a school district with 17 34 an enrollment of at least six hundred pupils in grades 17 35 kindergarten through twelve, or in two or more school 17 36 districts, each with enrollments of less than six 17 37 hundred pupils in grades kindergarten through twelve, 17 38 jointly participating in the program and with a 17 39 combined enrollment of at least six hundred pupils in 17 40 grades kindergarten through twelve. The program shall 17 41 involve the implementation of systematic intensive 17 42 phonics reading instruction and direct instruction for 17 43 students up to and including the eighth grade. The 17 44 program shall meet the standards set forth by the 17 45 United States department of education's national 17 46 institute for literacy, which has identified the five 17 47 areas of successful reading instruction as phonemic 17 48 awareness, phonics, fluency, vocabulary, and text 17 49 comprehension. 17 50 3. The program shall offer training and ongoing 18 1 support for participating teachers and provide 18 2 continuous formal and informal student assessment to 18 3 demonstrate results. Teachers in the school district 18 4 or group of districts selected shall, prior to the 18 5 beginning of classes for the school year beginning 18 6 July 1, 2003, participate in an in-service training 18 7 program to prepare for implementation of the program. 18 8 The in-service training shall include education and 18 9 training in curriculum content and methods of 18 10 instruction relating to systematic intensive phonics 18 11 reading instruction and direct instruction, student 18 12 assessment procedures and techniques, and effective 18 13 interventions to address specific reading 18 14 difficulties, and shall continue on an ongoing basis 18 15 throughout the school year. 18 16 4. The program shall be administered by the 18 17 department of education. The department shall provide 18 18 notice to school districts regarding the existence of 18 19 the program, shall provide technical assistance 18 20 regarding application submission and information 18 21 regarding program objectives and operation, and shall 18 22 provide program implementation assistance to the 18 23 school district or group of districts selected. A 18 24 school district or group of districts wishing to 18 25 participate shall submit an application to the 18 26 department and the department shall, before July 1, 18 27 2003, select a school district or group of districts 18 28 for participation in the pilot program. In the 18 29 application the school district or group of districts 18 30 shall propose a districtwide plan for effective 18 31 reading interventions involving an approach to 18 32 beginning reading instruction and boosting the reading 18 33 levels of students using systematic intensive phonics 18 34 instruction and direct instruction. A school district 18 35 submitting an application shall also indicate a 18 36 willingness to provide faculty committed to 18 37 implementation of the program and participation in the 18 38 in-service training, and shall include a plan for 18 39 conducting pretesting and posttesting to demonstrate 18 40 results. The department shall select for 18 41 participation a school district or group of districts, 18 42 after consultation with the chairpersons and ranking 18 43 members of the senate and house standing committees on 18 44 education, which demonstrates an ability to implement 18 45 program requirements and adhere to the national 18 46 institute for literacy standards. 18 47 5. Upon completion of the pilot program, the 18 48 school district shall submit a report to the 18 49 department regarding the impact of the program on 18 50 student academic achievement. The department shall 19 1 prepare a report summarizing these results, and 19 2 comparing them to student academic achievement gains 19 3 in similar school districts that did not participate 19 4 in the program. The department report shall include 19 5 recommendations for statewide implementation of the 19 6 pilot program, and shall be submitted to the 19 7 chairpersons and ranking members of the senate and 19 8 house standing committees on education by December 15, 19 9 2004. 19 10 6. The establishment of the program pursuant to 19 11 this section shall be contingent upon an appropriation 19 12 for purposes of the program for the fiscal year 19 13 beginning July 1, 2003, and ending June 30, 2004. 19 14 Funds provided to the school district or group of 19 15 districts selected shall be used by the district or 19 16 group of districts to provide stipends and travel 19 17 expense payments during the summer teacher in-service 19 18 training, ongoing training and support during the 19 19 school year, expense payments relating to data 19 20 collection, and payments for the costs of reading 19 21 instruction relating to the program." 19 22 #16. Page 21, by striking line 26 and inserting 19 23 the following: 19 24 "Sec. . Sections 294A.12 through 294A.20, and 19 25 294A.23, Code 2003, are". 19 26 #17. Page 21, by inserting after line 27 the 19 27 following: 19 28 "Sec. . EFFECTIVE DATES. 19 29 1. Section 101 of this Act, relating to the repeal 19 30 of chapter 256D, being deemed of immediate importance 19 31 takes effect upon enactment. 19 32 2. Section 102 of this Act, relating to school 19 33 reorganization incentives, being deemed of immediate 19 34 importance, takes effect upon enactment. 19 35 3. Section 104 of this Act, relating to a reading 19 36 instruction pilot program, being deemed of immediate 19 37 importance, takes effect upon enactment. 19 38 Sec. ___. EFFECTIVE AND RETROACTIVE APPLICABILITY 19 39 PROVISION. Section 103 of this Act, relating to a 19 40 request for open enrollment submitted to a district 19 41 prior to the district's adoption of a desegregation 19 42 plan, being deemed of immediate importance, takes 19 43 effect upon enactment and applies retroactively to 19 44 July 1, 2002, for open enrollment transfer requests 19 45 received by a school district on or after July 1, 19 46 2002." 19 47 #18. Title page, by striking line 2, and inserting 19 48 the following: "education, the board of educational 19 49 examiners, the state board of regents and its 19 50 universities, and school boards, and to property tax 20 1 school reorganization incentives; requiring the 20 2 establishment of a reading instruction pilot program; 20 3 and including effective and retroactive applicability 20 4 date provisions." 20 5 #19. By renumbering, redesignating, and correcting 20 6 internal references as necessary. 20 7 HF 549S 20 8 kh/cc/26
Text: H01577 Text: H01579 Text: H01500 - H01599 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu May 1 02:30:44 CDT 2003
URL: /DOCS/GA/80GA/Legislation/H/01500/H01578/030430.html
jhf