1998 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

EDUCATION

EDUCATION LEGISLATION

SENATE FILE 2094 - School Finance -- Allowable Growth (full text of act)

BY COMMITTEE ON EDUCATION. This Act sets the state percent of growth under the State School Foundation Program at 3 percent for the budget year beginning July 1, 1999. The state percent of growth for each subsequent budget year shall be established by statute, which shall be enacted within 30 days of the submission in the year preceding the base year of the Governor's budget under Code Section 8.21.

The Act is applicable for computing state aid under the State School Foundation Program for the school budget year beginning July 1, 1999.

SENATE FILE 2170 - Licensing Sanctions for Student Loan Default (full text of act)

BY TINSMAN. This Act creates a process by which the College Student Aid Commission may request that a state licensing agency deny, revoke, deny renewal, or suspend a license authorized by the laws of this state to any person who has defaulted on an obligation owed to or collected by the commission.

The Act establishes procedures for issuing notice to a person who has defaulted on an obligation owed to or collected by the commission, for the scheduling of a conference between the individual and the commission following service of notice, for entering into a written agreement for payment of the obligation which takes into consideration the individual's ability to pay and other criteria established by rule of the commission, for the conditions under which the commission must send the individual a copy of a written decision by the commission, and for the individual to request a hearing.

If an individual fails to respond to the commission's notice of a potential license sanction, the Act requires the commission to certify, in writing, to any appropriate licensing authority that the individual is not in compliance and include a copy of the certificate of noncompliance.

The Act requires that the licensing authority include in its rules, as grounds for suspension, revocation or denial of issuance or renewal of a license, the receipt of a certificate of noncompliance from the commission. The Supreme Court is directed to prescribe rules providing for the denial, suspension or revocation of the admission to practice as an attorney and counselor for failure to repay an obligation owed to or collected by the commission.

When issued a certificate of noncompliance, the licensing authority is required to initiate procedures for the suspension, revocation or denial of issuance or renewal of licensure to an individual. The Act permits an individual to seek a review of the commission's decision and request a hearing before the district court in the individual's county of residence.

SENATE FILE 2225 - Legalization of Sigourney Community School District Sale of Property (full text of act)

BY COMMITTEE ON JUDICIARY. This Act legalizes the sale of two pieces of the Sigourney Community School District's property. The board of directors of the school district, in proceeding with the sale of the property, inadvertently failed to have the buildings on the property appraised as required by Code Section 297.22.

The Act takes effect May 14, 1998, and is retroactively applicable to March 9, 1992.

SENATE FILE 2348 - Locations for Shared Public School Services (full text of act)

BY COMMITTEE ON EDUCATION. This Act adds services funded by Title I of the federal Elementary and Secondary Education Act of 1965 to the list of public school services that may be provided to nonpublic school students on nonpublic school premises.

SENATE FILE 2353 - Allocation of State Aid for School-Based Youth Services Programs (full text of act)

BY COMMITTEE ON EDUCATION. This Act continues through FY 2000 the $2.8 million annual allocation of at-risk funds to school districts for school-based youth services, and the $20,000 annual allocation to staff development, research and the development of strategies for coordination with community-based youth organizations and agencies; and provides a $50,000 annual allocation through FY 2000 to those schools whose four-year grant funding, or whose expansion grant funding, under the program is otherwise scheduled to end in FY 1998.

SENATE FILE 2366 - Educational Programming and Related Provisions and Appropriations (full text of act)

BY COMMITTEE ON APPROPRIATIONS. This Act relates to teachers' contracts, instructional support state aid, the budget guarantee, on-time funding, an appropriation for deposit in the Iowa Empowerment Fund, inequity reporting, the Ambassador to Education, an increase in the minimum teacher salary, and practitioner preparation criteria; and to the establishment of evaluation criteria, a Frontier School and Extended School Year Grant Program, a Beginning Teachers Induction Program, an Instructional Leadership Pilot Program, a Mathematics Pilot Program, awards to teachers for national board registration and certification, an Early Childhood Education Imperatives Program, a Teacher Internship Pilot Program, para-educator licenses, and a Practitioner Performance Improvement Program. However, the Governor item vetoed a number of the provisions of this Act, including appropriations totaling $17.4 million out of the $23.695 million approved by the General Assembly.

EXTENDED SCHOOL YEAR PROGRAM. The Act establishes an Extended Year School Grant Program to provide technical assistance to school districts, or a collaboration of school districts, interested in investigating the possibility of converting an existing school within a district to an extended school year.

The Act appropriates $1.5 million from the General Fund of the State to the Department of Education for grant awards. The Governor item vetoed provisions in H.F. 2533 (see Appropriations) that would have amended this Act to limit a grant award to not more than $25,000, and prohibited the department from awarding grants for technical assistance for actual conversion prior to July 1, 1999.

NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS REGISTRATION AND CERTIFICATION AWARDS. The Act provides for a $2,000 registration award and an annual payment of $10,000 for up to five years to each teacher employed by a school district in Iowa who holds a National Board for Professional Teaching Standards certificate. Individuals must apply to the Department of Education within one year of achieving certification and provide certification as required by the department. The Act also establishes a National Board for Professional Teaching Standards Certification Fund to be administered by the department and appropriates $250,000 to the fund. The Governor item vetoed a provision in H.F. 2533 that would have established legislative intent that not more than $1 million be appropriated for the program during its lifetime.

AMBASSADOR TO EDUCATION. The Act places responsibility for administration of the Ambassador to Education position with the Department of Education, but eliminates language requiring that the position be established within the department. Under the Act, the ambassador receives a salary in an amount that the teacher would have received from the school district during the year in which the teacher acts as ambassador, or $30,000, whichever is greater. The department grants funds to the school district in that amount, and the school district pays the ambassador's salary and benefits.

PARA-EDUCATOR LICENSES. The Act requires the Board of Educational Examiners to adopt rules relating to a multilevel voluntary licensing system for para-educators, who are defined as persons licensed to assist teachers in the performance of instructional tasks to support and assist classroom instruction and related school activities, and appropriates $75,000 from the General Fund of the State to the board for developing and implementing the system. A school district, area education agency, community college, regents university, or accredited private university, with programs approved by the State Board of Education, may train and recommend individuals for board licensure. The Act lists a number of reasons why an applicant shall be disqualified from being issued or holding a license.

EVALUATION CRITERIA AND PROCEDURES. The Act provides that the determination of standards of performance expected of school district personnel is an exclusive management right of the school board and is not subject to the mandatory collective bargaining negotiations. Objections to the procedures, use or content of an evaluation in a teacher termination proceeding are not subject to the collective bargaining grievance procedures. A school district is not obligated to process any evaluation grievance after service of a notice and recommendation to terminate the contract in accordance with lawful procedure.

PRACTITIONER PERFORMANCE IMPROVEMENT PROGRAM. The Act provides for the establishment and implementation, within the Department of Education, of a voluntary Practitioner Performance Improvement Program to provide technical assistance to teachers and administrators from each public school district and area education agency, as well as individuals under contract with a school district. However, H.F. 2533 provides that the program shall not be used to provide consultation or assistance on specific employment situations.

An annual report summarizing program activities and describing the department's plans for improving or changing the program is required to be submitted to the chairpersons and ranking members of the standing education committees by the department. The Act appropriates $300,000 from the General Fund of the State for the program.

PROBATIONARY TEACHERS. The Act extends the probationary period a teacher must serve to three years, unless the teacher has successfully completed a probationary period in another Iowa school district, in which case the probationary period is not more than one year.

RETIREMENT INCENTIVES. The Act makes changes affecting the retirement incentive programs school districts may offer to employees and pay for through the district management levy. Currently, districts can pay for the program through the district management levy if the program is offered to employees between the ages of 59 and 65 and if the total estimated accumulated program cost to the school district does not exceed the estimated savings. Under the Act, the age limit is reduced to age 55 and a district may include in the district management levy an amount to pay the total estimated accumulated program cost to the district, whether or not the cost exceeds savings. This provision takes effect May 8, 1998, and applies retroactively to retirement incentive programs in existence on December 31, 1997.

STUDENT ACHIEVEMENT GOAL. The Act amends Code Section 280.18 to require the boards of each school district to adopt a goal of addressing the educational inequities among Iowa's minority students and develop plans for improving minority student academic achievement.

MINIMUM SALARY SUPPLEMENT. The Act increases the minimum annual teacher salary from $18,000 to $23,000, and provides for payment by the state of a minimum salary supplement to qualifying school districts.

REPORT TO THE GENERAL ASSEMBLY. The Act directs the Department of Education to prepare and submit a proposal for a program for leadership development of practitioners and school board members to the chairpersons and ranking members of the standing education committees and of the Joint Subcommittee on Education Appropriations.

IOWA TORT CLAIMS ACT EXEMPTION. The Act exempts the Department of Education from the Iowa Tort Claims Act in relation to any claim arising from technical assistance furnished by the department.

THE GOVERNOR ITEM VETOED THE FOLLOWING:

1. A provision that linked "frontier schools" to the Extended Year School Grant Program. The Department of Education would be able to award grants for technical assistance to school districts, or a collaboration of school districts, ready to investigate the possibility of converting of an existing school within a district to a frontier school, which was defined in the Act to mean a school that is nonsectarian in its program, admission policies, employment practices, and all other operations. The frontier school would have been a public school that could not charge admission or tuition. Provisions in H.F. 2533 that amend the frontier schools portion of the Act were also item vetoed.
2. Provisions that would have created and appropriated moneys for the Beginning Teacher Induction Program to promote excellence in teaching, build a supportive environment in school districts to increase the retention of promising beginning teachers, and promote the personal and professional well-being of teachers. The Act would have appropriated $240,000 for FY 1998-1999, to support at least 133 teams of mentors and beginning teachers.
3. A provision that would have established a competitive Teacher Internship Pilot Program approval process open to Iowa colleges and universities with master's programs in practitioner preparation approved by the State Board of Education. The provision included a $220,000 appropriation for the program for FY 1999, and a $575,000 appropriation for each of fiscal years 2000 and 2001. The Governor's item veto of this program nullifies a provision in H.F. 2533 that would have repealed the program.
4. Provisions that would have provided for the establishment and implementation of an Instructional Leadership Pilot Program to reward teachers and administrators for outstanding leadership, performance and service. If enacted, the Act would have appropriated $1 million for the program for FY 1999. Under the program, the board of directors of the school district would be responsible for determining the number of awards and the amount of the awards based upon the moneys received by the school district. Program moneys would be divided on a per pupil basis among the school districts that indicated to the Department of Education their intent to participate.
5. A provision that would have required the State Board of Education to adopt rules requiring higher education institutions with practitioner preparation programs to demonstrate that students who graduate from those programs have successfully completed preparation for accelerating the achievement of students through the use of learning techniques including reading instruction in phonics, and for recognizing, understanding and ameliorating at-risk behavior.
6. Provisions that would have established an Early Childhood Education Imperatives Program, focused on kindergarten through grade three, and appropriated annually $9 million to support the program. Moneys would have been distributed on a per pupil basis, but no school district would receive less than $7,500.
   The program goal was to improve student achievement in the basic educational subject matters of reading, language arts and mathematics, and to accomplish proficiency in those subjects by grade four.
7. A provision that would have allowed school districts with enrollment increases to request on-time funding for new students from the School Budget Review Committee by October 1 annually. If the committee approved the request, funding would be in an amount of up to the product of one-third of the state cost per pupil for the budget year multiplied by the difference between the actual enrollment for the budget year and the budget enrollment for the budget year.
   The Governor also item vetoed the contingent appropriation that paid for the additional funding. The $4 million appropriation from the General Fund of the State for the additional funding would be contingent upon whether the actual taxable valuation of real property used in the computation of property taxes increased from the estimate of taxable valuation.
8. A provision that would have continued through the 1999 and 2000 fiscal years a provision directing the Department of Management to provide a budget adjustment to ensure that a school district's regular program district cost is not less than 100 percent of the level of the previous budget year. The provision would have permitted a school district to levy additional property tax to maintain funding at 100 percent of the level of the previous budget year. The Act also would have increased the budget guarantee for the 1999-2000 budget year to 101 percent, with the additional 1 percent being paid by the state rather than raised through property taxation.
9. A provision that would have increased by $2 million the portion of the Instructional Support Program budget that is state funding. Currently, the state-funded portion is frozen at the FY 1992-1993 level of funding, $14,798,227, a shortfall of $12.2 million.

HOUSE FILE 2119 - Iowa Educational Savings Plan Trust (full text of act)

BY COMMITTEE ON WAYS AND MEANS. This Act establishes an Iowa Educational Savings Plan Trust. The purpose of the trust is to provide a means whereby participants may invest money in a public trust for future application to the payment of the higher education costs of the participant's designated beneficiary or beneficiaries. The Act provides that amounts of up to $2,000 annually may be contributed to the trust on behalf of each designated beneficiary. Payment of benefits must commence not later than the first full fall academic quarter or semester following the twenty-second birthday or high school graduation of a beneficiary. The trust does not guarantee that higher education costs will be equal to projections made at the time a participation agreement is entered into, nor are guarantees made relating to admission to or graduation from an institution of higher education.

The Act contains provisions relating to creation of the trust, the authority of the Treasurer of State concerning trust administration, transfer of funds from the Unclaimed Property Trust Fund for payment of administration and operation costs, the content of trust participation agreements, component funds within the trust and their investment and payment features, participation agreement cancellation procedures, ownership rights, integration of trust payments with student financial aid programs, reporting requirements, and federal and state tax treatment.

The Act provides that the Iowa Educational Savings Plan Trust constitutes a qualified state tuition program exempt from federal income taxation pursuant to Section 529 of the federal Internal Revenue Code. The Act adds provisions concerning state income taxation, providing a deduction for the amount of the annual contribution to the trust, increased by proceeds received due to cancellation of a participation agreement which were previously deducted as contributions, and for a deduction of investment income earned on contributions. In addition, the Act provides that gifts, grants and donations made to the endowment fund may be deducted from income for both individuals and corporations.

HOUSE FILE 2269 - Physical Contact With Students (full text of act)

BY RANTS. This Act relates to the conditions constituting permissible physical contact involving students.

The Act provides that an employee of an accredited public school district, accredited nonpublic school, or area education agency (AEA) who, in the reasonable course of employment responsibilities, comes into physical contact with a student shall be granted immunity from any civil or criminal liability if the physical contact is reasonable under the circumstances and involves encouraging, supporting or disciplining the student; protecting the employee, the student, other students, or school property; obtaining possession of a weapon or other dangerous object within a student's control; quelling a disturbance or preventing an act threatening physical harm to any person; removing a disruptive student from class or any area of the school premises, or from school-sponsored activities off school premises; preventing a student from the self-infliction of harm; self-defense; or relates to any other legitimate educational activity.

The Act provides that any school employee determined in a civil action to have been wrongfully accused of improper physical contact shall be awarded reasonable monetary damages.

The Act additionally provides that a school employee may intervene in a fight or physical struggle that takes place in the presence of the employee in a school building, on school premises, or at an off-site school function or activity which occurs among students or between students and nonstudents. The employee determines the degree and force of the intervention that is reasonably necessary to restore order and protect the safety of the individuals involved in the altercation and others in the vicinity of the altercation. A school employee found wrongfully accused of violating these provisions in a civil action shall be entitled to an award of reasonable monetary damages.

The Act further provides that a person who is not an employee of an accredited public school district, accredited nonpublic school or AEA may also intervene under these circumstances, but is limited to recovery of attorney fees and court costs.

HOUSE FILE 2272 - Education Standards and Accreditation Process (full text of act)

BY COMMITTEE ON EDUCATION. This Act requires the State Board of Education to develop and adopt rules by July 1, 1999, incorporating accountability for student achievement into the education standards and accreditation process for school districts and accredited nonpublic schools.

The rules are to require all school districts and accredited nonpublic schools to develop, implement and file with the Department of Education a comprehensive school improvement plan. The plan shall include demonstrated school, parental and community involvement in assessing educational needs, establishment of local education standards and student achievement levels, and consolidation of federal and state planning, goal-setting, and reporting requirements; provision by the department of a set of core academic indicators in mathematics and reading in grades four, eight and 11, and science in grades eight and 11, and additional core indicators for graduation rate, postsecondary education, and successful employment in Iowa; and a requirement that accredited schools report to the department and the local community the district-wide progress made in attaining the student achievement goals on the core indicators and other locally established student learning goals. The data collected on each core indicator will be distributed by the department statewide.

HOUSE FILE 2282 - School Infrastructure Funding (full text of act)

BY COMMITTEE ON WAYS AND MEANS. This Act provides for the imposition of a local sales and services tax by a county to be utilized for school infrastructure purposes, separate and distinct from any other local sales and services tax otherwise imposed by a city or county pursuant to Code Chapter 422B. The tax is subject to a 1 percent maximum rate, for up to a 10-year duration, and is imposed county-wide. The Act defines "school infrastructure" as those activities for which a school district is authorized to contract indebtedness and to issue general obligation bonds, except activities related to a teacher's or superintendent's home or homes. These activities include the construction, reconstruction, repair, purchasing, or remodeling of schoolhouses, stadiums, gyms, fieldhouses, or bus garages.

The Act provides that imposition of the tax can be requested by a petition signed by 5 percent of the eligible electors of the whole county who voted at the last preceding state general election, or by a motion received by the county commissioner of elections adopted by the governing body or school districts located within the county representing at least one-half of the population of the county.

The Act further provides that the tax will be imposed if approved by a majority vote of those persons voting on the question within the county at a state general election or a special election called for imposition of the tax.

The Act additionally provides for the creation of a separate account within a county's local sales and services tax fund, and specifies procedures for remittance of receipts by the Director of Revenue and Finance to a school district.

The Act provides that the board of directors of a school district is authorized to issue negotiable, interest-bearing school bonds, without election, and can utilize tax receipts derived from the sales and services tax for school infrastructure purposes for principal and interest repayment.

A school district in which a local option sales tax for school infrastructure purposes has been imposed is authorized to enter into a Code Chapter 28E agreement with one or more cities whose boundaries encompass all or a part of the area of the school district. The Act authorizes a city or cities entering into such an agreement to expend its designated portion of the local option sales and services tax revenues for any valid purpose permitted by the Act or authorized by the governing body of the city.

The Act provides for the creation of a School Infrastructure Safety Fund, administered by the School Budget Review Committee in conjunction with the State Fire Marshal. The fund will contain distributions from the federal funds allocated to the state, as described in Conference Committee Report 105-390, accompanying House Resolution 2264, making federal appropriations to the United States departments of Labor, Health and Human Services, and Education, in the amount of $8 million.

The Act provides that top priority in awarding program grants is given to the making of school infrastructure improvements relating to fire and personal safety. School districts eligible for program grants will have received an order or citation relating to fire safety, or be operating school facilities with defects or violations of the State Building Code, or be requiring improvements relating to handicapped accessibility. The Act provides that school districts applying for program grants must develop and submit to the State Fire Marshal or local building department a written plan to remedy fire or safety defects within a specified period of time. The Act provides that the School Budget Review Committee shall submit a progress report of the number and amount of grants awarded, and fire and safety improvements made, pursuant to the program to the General Assembly by January 1, 2000.

The Act takes effect April 20, 1998

RELATED LEGISLATION

SENATE FILE 2183 -- State Records Management (Complete summary under STATE GOVERNMENT.)

This Act transfers the records management duties from the Department of General Services to the Department of Cultural Affairs.

SENATE FILE 2280 -- Appropriations -- Health and Human Rights (Complete summary under APPROPRIATIONS.)

This Act provides for the transfer of $83,000 from amounts remaining in the Gambling Treatment Fund at the close of FY 1997-1998, to the Governor's Alliance on Substance Abuse for efforts to educate adolescents regarding methamphetamine abuse.

SENATE FILE 2296 -- Appropriations -- Economic Development (Complete summary under APPROPRIATIONS.)

This Act makes an appropriation from the General Fund of the State to Iowa State University, the state University of Iowa and the University of Northern Iowa.

SENATE FILE 2308 -- Eligible Alternative Retirement Benefit Systems for Community College Employees (Complete summary under STATE GOVERNMENT.)

This Act permits an employee hired by a community college after July 1, 1998, to have the option of electing an alternative retirement benefits system, in which they are not currently a member, offered by the community college in lieu of coverage under the Iowa Public Employees' Retirement System.

SENATE FILE 2356 -- Telecommunications and Electric Cabling Revolving Fund and Art Restoration and Preservation Revolving Fund (Complete summary under STATE GOVERNMENT.)

This Act creates an Art Restoration and Preservation Revolving Fund under the administration of the Department of General Services. The fund is created to provide for the restoration, preservation, rehabilitation, and enhancement of art and artifacts of historical or cultural significance or artistic value located in public areas of the State Capitol Building.

SENATE FILE 2359 -- Citizens' Aide Review of Child Protection System (Complete summary under CHILDREN & YOUTH.)

This Act provides for a review of the state's child protection system by the Office of the Citizens' Aide/Ombudsman. The review is to encompass all aspects of the system including reporting, assessment, child removal, child in need of assistance proceedings, review and appeals, and termination of parental rights. The purpose of the review is to determine whether the current system adequately provides fairness and due process protections for all involved with the system.

SENATE FILE 2406 -- Iowa Empowerment Board, Community Empowerment Areas, and Community Empowerment Area Boards (Complete summary under LOCAL GOVERNMENT.)

This Act creates the Iowa Empowerment Board and authorizes local communities to create community empowerment areas and community empowerment area boards. The stated purpose of the Act is to create a partnership between communities and state government by gradually implementing a statewide system of community empowerment areas. An important initial emphasis is to improve the well-being of families with young children. An additional emphasis is to reduce duplicative requirements that are barriers to community efforts to improve the efficiency and effectiveness of local education, health and human services programs. The Act establishes a School Ready Children Grant Program for collaborative planning for, and funding of, early childhood programs. Community empowerment areas may be based upon school district boundaries.

SENATE FILE 2410 -- Human Services Appropriations and Related Provisions (Complete summary under APPROPRIATIONS.)

This Act makes appropriations to the Department of Human Services and includes provisions for grant funding to community empowerment areas.

HOUSE FILE 2395 -- Supplemental and Other Appropriations and Miscellaneous Provisions (Complete summary under APPROPRIATIONS.)

This Act relates to various public expenditure and regulatory matters by making supplemental appropriations for FY 1997-1998, appropriations for subsequent fiscal years, and various statutory changes. The Act changes a submission date in S.F. 2406 (see Local Government) for School Ready Children Grant plans from January 1, 1999, to December 1, 1998, increases the standing appropriation for at-risk education programs, appropriates moneys for subsidization of video rates, changes a formula for distribution of vocational-technical technology improvement moneys to community colleges, and provides funding for an Iowa Public Television study of digital television conversion.

HOUSE FILE 2443 -- Workers' Compensation Coverage for Community College Students in School-to-Work Programs (Complete summary under LABOR & EMPLOYMENT.)

This Act provides for state workers' compensation coverage for students participating in school-to-work programs through a community college.

HOUSE FILE 2476 -- Iowa Communications Network Connection (Complete summary under STATE GOVERNMENT.)

This Act provides that the Iowa Telecommunications and Technology Commission shall provide for the construction of a connection to the network for the Quad Cities Graduate Center. The graduate center is responsible for the costs of the connection. Hourly rates to be charged to the center are to be set at an appropriate rate so that no state subsidy results.

HOUSE FILE 2513 -- Taxation -- Miscellaneous Provisions (Complete summary under TAXATION.)

Division IV of this Act increases the tuition and textbook tax credit from 10 percent to 25 percent of the first $1,000 paid by the taxpayer for tuition and textbooks for each dependent attending an accredited elementary or secondary school. This Division also expands the definitions of "tuition" and "textbooks" to include those expenses, materials or charges relating to extracurricular activities. The credit is a nonrefundable credit that is applied against the taxpayer's state individual income tax. This Division applies retroactively to January 1, 1998, for tax years beginning on or after that date.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: THU July 30 1998
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