| 2003 Summary of Legislation | |
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EDUCATION
SENATE FILE 172 - Public Charter Schools - Pilot Project
RELATED LEGISLATION
EDUCATION SENATE FILE 172 - Public Charter Schools - Pilot Project (full text of bill)
The charter school provisions become applicable on the date on which the department initiates implementation of the charter school pilot program. The Act directs the State Board of Education to apply for the federal grant and requires the Iowa Department of Education to initiate and implement the program. The Act takes effect April 28, 2003. SENATE FILE 173 - Professional Education Associations - Payroll Deduction - VETOED BY THE GOVERNOR (full text of bill)
SENATE FILE 201 - Education Practitioner Licensing Examination - Statistical Information (full text of bill)
SENATE FILE 211 - School Finance - Allowable Growth (full text of bill)
SENATE FILE 386 - School Health Insurance - Study (full text of bill)
The Commissioner of Insurance is directed to select members of the School Health Insurance Reform Team including the following: representatives of small, medium and large school districts, the Iowa Association of School Boards, a collective bargaining organization that represents school district employees, a health insurance carrier, a health care provider, an area education agency, and others who have expertise that would assist the team. The Act directs the commissioner to submit a report to the General Assembly on or before January 15, 2004, regarding the team's findings and recommendations. SENATE FILE 445 - Local Sales and Services Taxes - School Infrastructure Funding or Property Tax Relief (full text of bill)
The Act provides for the school districts to file a revenue purpose statement that would indicate how much may be used for infrastructure purposes and how much may be used for property tax relief. This statement must be approved by the electorate and can be part of the ballot proposition on the question of the imposition of the tax. If such a statement is not voted on or if any moneys remain after using revenue for the purposes indicated on the statement, the moneys received or in excess are to be used to reduce property tax levies. These levies and the order to be reduced are: bond levies, physical plant and equipment levy, public educational and recreational levy, and schoolhouse levy. The Act prohibits school districts of 250 pupils or less, or with less than 100 pupils in high school, from using any moneys received that are in excess of their guaranteed per pupil amount for new construction without receiving a certificate of need for such new construction from the Department of Education. The Act provides for the repeal of all local option taxes for school infrastructure purposes on December 31, 2022. The Act takes effect May 30, 2003. HOUSE FILE 175 - School Finance - Use of Physical Plant and Equipment Levy Moneys (full text of bill)
HOUSE FILE 180 - Elementary and Secondary Education - Character Education and Service Learning (full text of bill)
The Act defines "service learning" as a method of teaching and learning that engages students in solving problems and addressing issues in their school or community as part of the academic curriculum. HOUSE FILE 341 - Community College Personnel (full text of bill)
HOUSE FILE 549 - Education - Administration, Regulation, and Other Related Matters (full text of bill)
STATE BOARD OF EDUCATION MEMBERSHIP. Code provisions requiring that state boards and commissions be gender balanced and bipartisan are made ineffective by the Act for purposes of the appointment of the nonvoting student member to the state board. "MODEL" STANDARDS AND CRITERIA. The Act removes references to "model" core knowledge and skill criteria that S.F. 476, enacted in 2001, required the Director of the Department of Education to develop and the State Board of Education to adopt. Schools participating in the program must use the criteria the state board has since adopted in developing a beginning teacher mentoring and induction plan, determining teacher evaluation plans, and, by July 1, 2005, for purposes of conducting performance reviews for teachers other than beginning teachers. A district may develop standards and criteria in addition to the statewide standards and criteria. DEPARTMENT SYSTEMS AND SCHOOL DISTRICT REPORTING REQUIREMENTS. The Act requires the Director of the Department of Education to create a comprehensive management information system and permits the director to establish a uniform coding and reporting system, including a statewide uniform student identification system. PHASE III ELIMINATION. The Act eliminates Phase III of the Educational Excellence Program and makes a number of conforming changes. The purpose of Phase III is to enhance the quality and effectiveness of teachers through the utilization of performance pay. Senate File 458 (see Appropriations) reduces the standing, limited appropriation for the Educational Excellence Program from $80 million to $56 million. EARLY INTERVENTION BLOCK GRANT SUNSET EXTENSION. The Act extends until July 1, 2004, the repeal of the chapter establishing the Early Intervention Block Grant Program. Senate File 458 (see Appropriations) extends the standing, limited appropriation of $30 million for the program for FY 2003-2004. This provision takes effect May 30, 2003. TAX FOR REORGANIZED AND DISSOLVED DISTRICTS. The Act provides for changes relating to school reorganization incentives for specified school districts by allowing a school district with a certified enrollment of 600 pupils or greater to qualify for a reduced foundation property tax rate if the district meets the requirements of Code section 257.3, subsection 2. Currently, this subsection enables a school district with a certified enrollment of fewer than 600 pupils to qualify for a foundation property tax rate of $4.40 per $1,000 of assessed value on all taxable property which, in the year preceding a reorganization, was within a school district affected by a reorganization or dissolution taking effect on or after July 1, 2002, and on or before July 1, 2006. The subsection also provides that the reduced rate shall be increased in subsequent years on a graduated basis of $4.90 per $1,000 of assessed valuation the first succeeding year, $5.15 per $1,000 of assessed valuation the second succeeding year, and $5.40 per $1,000 of assessed valuation the third succeeding year and each year thereafter. The Act makes the reduced rates available to a school district with a certified enrollment of 600 pupils or greater if that district enters into a reorganization or dissolution with a school district with a certified enrollment of fewer than 600 pupils. The Act additionally provides that the amount of property tax reduction for a school district with a certified enrollment of 600 pupils or greater shall not exceed the reduction amount received by a school district with a certified enrollment of fewer than 600 pupils with which the larger school district is involved in a reorganization or dissolution. This provision takes effect May 30, 2003. WHOLE-GRADE SHARING INCENTIVE EXTENSION. The Act increases by two years the amount of time during which a school district that was not participating in a whole-grade sharing arrangement during the 2000-2001 budget year may begin receiving a whole-grade sharing incentive, by providing that a school district which executes a whole-grade sharing agreement beginning July 1, 2002, July 1, 2003, July 1, 2004, or July 1, 2005, and adopts a resolution jointly with the other affected boards to study the question of undergoing a reorganization or dissolution to take effect on or before July 1, 2006, shall receive a weighting of one-tenth of the percentage of the pupil's school day during which the pupil attends classes in another district, attends classes taught by a teacher jointly employed with another district, or attends classes taught by a teacher who is employed by another school district. STATE BOARD OF REGENTS/UNIFORM PROTECTION. The Act requires the State Board of Regents to develop a policy, which each of its universities must adopt, that prohibits the harassment or intimidation of a person on campus who is wearing a uniform of the armed forces of the United States. SEXUAL EXPLOITATION BY A SCHOOL EMPLOYEE. The Act creates a criminal offense of sexual exploitation by a school employee; provides a penalty; requires the Board of Educational Examiners to disqualify an applicant for licensure or revoke the license of any person who entered a plea of guilty to, or has been found guilty of, the sexual abuse offense of sexual exploitation by a school employee; and requires school boards, school superintendents, AEA administrators, and nonpublic school authorities to report to the Board of Educational Examiners the nonrenewal or termination, for reasons of alleged or actual misconduct, of a practitioner, and the resignation of a practitioner resulting from or following an incident or allegation of misconduct that, if proven, would constitute a violation of board rules relating to sexual abuse offenses when the board or reporting official has a good faith belief that the incident occurred or the allegation is true. The Act prohibits a school employee from engaging in any sexual conduct with a student who is enrolled at a public or nonpublic elementary or secondary school, or who was enrolled at a public or nonpublic elementary or secondary school within 30 days of any violation of this Act, for the purpose of arousing the sexual desires of either of them. The Act defines "school employee" to mean a licensed practitioner. The Act provides that a school employee commits a class "D" felony if the employee engages in a pattern or practice or scheme of conduct to engage in such sexual conduct with a student. A school employee commits an aggravated misdemeanor if the employee engages in such sexual conduct with a student. A class "D" felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $500 but not more than $5,000. "Sexual conduct" is defined to include, but is not limited to, kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act. Sexual exploitation by a school employee does not include touching that is necessary in the performance of the school employee's duties while acting within the scope of employment. Information submitted to the board is privileged and confidential. The board must review the information to determine whether a complaint should be initiated. ADMINISTRATOR QUALIFICATIONS. The Act requires the Board of Educational Examiners to adopt criteria for administrative endorsements that allow a person to serve as an elementary or secondary principal without regard to the grade level at which the person accrued teaching experience. The Act also permits a superintendent to serve as a secondary principal in the same school or school district. Under current law, a superintendent can only dually serve as an elementary principal. STUDENT TEACHING REQUIREMENTS. The Act requires that a student teaching experience include opportunities for the student to become knowledgeable about the Iowa Teaching Standards, including a mock evaluation performed by the cooperating teacher. MENTORING AND INDUCTION. The Act eliminates language requiring that a teacher from an accredited nonpublic school or from outside of the state document three years of successful teaching within the past five years, though they still must document three years of successful teaching experience. LICENSURE DESIGNATIONS. To match licensure designations used by other states and used under the federal No Child Left Behind Act of 2001, the Board of Educational Examiners changed the name of the license it issues to individuals seeking licensure as a beginning teacher from "provisional" to "initial," and the license issued to teachers beyond their probationary periods from "educational" to "standard." ELECTION OF AEA DIRECTORS. The Act requires that AEA directors be elected by a vote of the members of the boards of directors of the school districts located within the director districts. Currently, local board directors elect AEA directors at director district conventions. Under the Act, a convention need only be called if no candidate files, if a vacancy occurs, or when a board is elected for a newly reorganized AEA. Under the Act, notice regarding a convention must be published 30 days prior to the convention. The current Code requires a 45-day notice. AEA REORGANIZATION NOTIFICATION. The Act directs an AEA that must notify school districts and other AEAs of state board approval of its reorganization plan or proposal to do so by certified mail and to submit a copy of the notice to the Department of Education. The Act requires an initial AEA board to call a director district convention for the purpose of electing a new board by January 15. Boards contemplating reorganization must, under the Act, transmit their plans to the state board by July 15, rather than by the current Code deadline of November 1. The Act also advances the date for state board approval or return of the plan to September 30, rather than February 1, and moves the deadline for resubmission of a contingently approved plan to October 30. The Act also establishes a 45-day deadline for school districts to petition to join an AEA when the district is affected by reorganization. The district's board and the appropriate AEA board must act within 45 days of the filing of the school district's petition. SCHOOL BOARD STAFF. The Act abolishes the one-year term of appointment for school board secretaries and treasurers. TEMPORARY CONTRACTS FOR MILITARY LEAVE. The Act permits school districts to issue temporary contracts to teachers and administrators to fill vacancies created by a leave of absence granted to a practitioner ordered by proper authority to state active duty, active state service, or federal service. SCHOOL BOARD RETIREMENT INCENTIVES. The Act extends the date by which a school employee must retire in order for the district to include the cost of the retirement incentive program in the district management levy. Currently, employees must retire by June 30 of the next following school year. The Act extends the deadline to the start of the next following school calendar. DESEGREGATION PLANS. Under the Act, the superintendent of a school district cannot deny a request for open enrollment if the request is submitted to the district in a timely manner prior to the adoption of a desegregation plan by the district. Also, the State Board of Education is directed to adopt rules establishing, by July 1, 2004, guidelines and a review process for school districts that adopt voluntary desegregation plans. School districts have until July 1, 2006, to comply with the guidelines. This provision takes effect May 30, 2003, and applies retroactively to July 1, 2002, for open enrollment transfer requests received by a school district on or after July 1, 2002. "COMPREHENSIVE EVALUATION" DEFINITION CHANGE. The Act changes the definition of "comprehensive evaluation," provided in Code Chapter 284, to strike references to the Iowa Teaching Standards and to the "model" core knowledge and skill criteria. Beginning teachers are comprehensively evaluated, while a performance review is conducted for experienced teachers; therefore, the Act also replaces references to the comprehensive evaluation wherever necessary when the content indicates that the term "performance evaluation" is appropriate. CONTRACT DAYS. The Act delays until a school district's fifth year of participation in the Student Achievement and Teacher Quality Program the requirements that the district add two additional contract days to the school year for additional teacher career development. ADMINISTRATIVE FEES FOR OWI OFFENDERS. The Act permits the Department of Education to establish reasonable fees to defray the expense of forwarding to the courts enrollment, attendance, and course completion data for out-of-state persons ordered to enroll, attend, and successfully complete a course for drinking drivers. DISTRICT TEACHER CAREER DEVELOPMENT PLANS. The Act provides that a district must adopt a districtwide teacher career development plan and, for each individual teacher, a teacher career development plan. TEACHER CAREER DEVELOPMENT PLAN. A teacher must meet annually with an evaluator to review the teacher's progress in meeting career development goals in the plan, review collaborative work with other staff, and modify as necessary the teacher's individual plan to reflect the individual teacher's and the school district's needs. Under the current Code, the teacher's supervisor reviews, modifies or accepts modifications made to the teacher's individual plan. The Act requires that both the evaluator and the supervisor will review, modify or accept the modifications to the plan. INTENSIVE ASSISTANCE. The Act extends for one year, until July 1, 2005, the date by which all school districts must be prepared to offer an intensive assistance program for teachers who do not meet district expectations and state teaching standards and criteria. TEAM-BASED VARIABLE PAY PILOT PROGRAM. Division VII of S.F. 458 (see Appropriations) renews the Team-Based Variable Pay Pilot Program by providing two more years of funding for the program, which otherwise expired July 1, 2002. This Act adds language establishing that the program is to compare student achievement gains in participating and nonparticipating school districts. The Act also directs the Department of Education to provide technical assistance in the areas of goal setting and student assessments to participating school districts and gives preference to school districts that participated in the program in FY 2000-2001. SCHOOL BUSES. The Act strikes language that requires separate bids for school bus bodies and chassis. The Act permits an insulin-dependent diabetic to qualify as a school bus driver if a person identified by federal and state law as authorized to perform physical examinations provides a signed statement indicating that the individual is physically able to perform the required functions despite insulin dependency. The school district or school employing the insulin-dependent diabetic bus driver must monitor the bus driver and the driver must be in compliance with requirements as specified by the Act. MINIMUM TEACHER SALARIES 2003-2004. The Act makes an exception to current law regarding minimum teacher salaries to provide that the minimum salary amount a school district or AEA must pay to a first-year beginning teacher for FY 2003-2004 is the amount the district or AEA paid, or would have paid, a first-year beginning teacher in the 2001-2002 school year. The minimum career teacher salary paid in FY 2003-2004 to a career teacher who was a beginning teacher in the 2001-2002 school year must be $1,000 greater than the minimum amount paid to a first-year beginning teacher in the 2001-2002 school year, unless the minimum career salary paid by the district or AEA exceeds $30,000. THE GOVERNOR ITEM VETOED THE FOLLOWING:
HOUSE FILE 577 - Whole-Grade Sharing Agreements Between Public School Districts - Deadlines - Exceptions (full text of bill)
The Act takes effect May 23, 2003. |
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