CHAPTER 97
SUPPLEMENTARY WEIGHTING
281—97.1(257) Definitions. For the purpose of this chapter, the following definitions apply.
“Actual enrollment” shall mean the enrollment determined annually on October 1, or the first Monday in October if October 1 falls on a Saturday or Sunday, pursuant to Iowa Code section 257.6.
“Career academy” shall mean a program of study as defined in 281—Chapter 47. A course offered by a career academy shall not qualify as a regional academy course. A career academy course may qualify as a concurrent enrollment course if it meets the requirements of Iowa Code section 261E.8.
“Class” shall mean a course for academic credit which applies toward a high school or community college diploma.
“Enrolled” shall mean that a student has registered with the school district and is taking part in the educational program.
“Fraction of a school year” shall mean the product of the minutes per day of class multiplied by the number of days per year the class meets divided by the product of the total number of minutes in a school day multiplied by the total number of days in a school year. All minutes available in a normal day shall be used in the calculation.
“ICN” shall mean the Iowa Communications Network.
“Political subdivision” shall mean a political subdivision in the state of Iowa and shall include a city, a township, a county, a public school district, a community college, an area education agency, or an institution governed by the state board of regents (Iowa School for the Deaf, Iowa State University, University of Iowa, and University of Northern Iowa).
“Project lead the way” means the nonprofit organization with 501(c)(3) tax-exempt status that provides rigorous and innovative science, technology, engineering, and mathematics education curriculum founded in fundamental problem-solving and critical-thinking skills while integrating national academic and technical learning standards.
“Regional academy” shall mean an educational program established by a school district to which multiple school districts send students in grades 7 through 12. The curriculum shall include advanced-level courses and, in addition, may include career-technical courses, Internet-based courses, and coursework delivered via the ICN. Regional academy courses shall not qualify as concurrent enrollment courses and do not generate any postsecondary credit. School districts participating in regional academies are eligible for supplementary weighting as provided in Iowa Code section 257.11, subsection 2.
“Superintendent” shall be defined pursuant to Iowa Code section 272.1.
“Supplant” shall mean the community college’s offering a course that consists of substantially the same concepts and skills as the content of a course provided by the school district or the community college’s offering a course that is required by the school district in order to meet the minimum accreditation standards in Iowa Code section 256.11. If a student is unable to earn credit in both courses, then the two courses would be deemed similar enough in content and skills to be defined as supplanting.
“Supplementary weighting plan” shall mean a plan as defined in this chapter to add a weighting for each resident student eligible who is enrolled in an eligible class taught by a teacher employed by another school district or taught by a teacher employed jointly with another school district or sent to and enrolled in an eligible class in another school district or sent to and enrolled in an eligible community college class. The supplementary weighting for each eligible class shall be calculated by multiplying the fraction of a school year that class represents by the number of eligible resident students enrolled in that class and then multiplying that figure by the weighting factor established in Iowa Code chapter 257.
“Supplementary weighting plan for at-risk students” shall mean a plan as defined in this chapter to add a weighting for each resident student enrolled in the district and a weighting for the percentage of pupils enrolled in grades one through six, as reported by the school district on the basic educational data survey for the base year, who are eligible for free and reduced price meals under the federal National School Lunch Act and the federal Child Nutrition Act of 1966, 42 U.S.C. Sections 1751-1769j, multiplied by the budget enrollment in the school district to generate funding to be used to develop or maintain at-risk programs, alternative programs and alternative school programs, and returning dropout and dropout prevention programs approved pursuant to Iowa Code section 257.40.
“Teacher” shall be defined pursuant to Iowa Code section 272.1.
[ARC 8188B, IAB 10/7/09, effective 11/11/09; ARC 0014C, IAB 2/22/12, effective 3/28/12 (See Delay note at end of chapter); ARC 0520C, IAB 12/12/12, effective 1/16/13; ARC 1486C, IAB 6/11/14, effective 5/15/14; ARC 1596C, IAB 9/3/14, effective 10/8/14; ARC 4297C, IAB 2/13/19, effective 3/20/19]
281—97.2(257) Supplementary weighting plan.
	97.2(1) Eligibility. Except if listed under subrule 97.2(7), a resident student is eligible for supplementary weighting if the student is eligible to be counted as a resident student for certified enrollment and if one of the following conditions is met pursuant to Iowa Code section 257.11:
	a. 	Resident student attends class in another school district pursuant to subrule 97.2(2), or
	b. 	Resident student attends class taught by a teacher employed by another school district pursuant to subrule 97.2(3), or
	c. 	Resident student attends class taught by a teacher jointly employed by two or more school districts pursuant to subrule 97.2(4), or
	d. 	Resident student attends class in a community college for college credit pursuant to subrule 97.2(5), or
	e. 	Resident student attends class in a community college for college credit pursuant to subrule 97.2(6).
Other than as listed in paragraphs 97.2(1)“a” to “e” above and in rules 281—97.3(257), 281—97.4(257), and 281—97.7(257), no other sharing arrangement shall be eligible for supplementary weighting.
	97.2(2) Attend class in another school district. Students attending class in another school district will be eligible for supplementary weighting under paragraph 97.2(1)“a” only if the school district does not have a licensed and endorsed teacher available within the school district to teach the course(s) being provided.
	97.2(3) Attend class taught by a teacher employed by another school district. Students attending class taught by a teacher employed by another school district will be eligible for supplementary weighting under paragraph 97.2(1)“b” only if the school district does not have a licensed and endorsed teacher available within the school district to teach the course(s) being provided.
	97.2(4) Attend class taught by a teacher jointly employed with another school district. All of the following conditions must be met for any student attending class taught by a teacher jointly employed to be eligible for supplementary weighting under paragraph 97.2(1)“c.” The school districts jointly employing the teacher must have:
	a. 	A joint teacher evaluation process and instruments.
	b. 	A joint teacher professional development plan.
	c. 	One single salary schedule.
Except for joint employment contracts which meet the requirements of paragraphs “a” to “c” above, no two or more school districts shall list each other for the same classes and grade levels.
	97.2(5) Attend class in a community college. All of the following conditions must be met for any student attending a community college-offered class to be eligible for supplementary weighting under paragraph 97.2(1)“d.”
	a. 	The course must supplement, not supplant, high school courses.
	(1)	For purposes of these rules, to comply with the “supplement, not supplant” requirement, the content of a course provided to a high school student for postsecondary credit shall not consist of substantially the same concepts and skills as the content of a course provided by the school district.
	(2)	The course must not be used by the school district in order to meet the minimum accreditation standards in Iowa Code section 256.11(5)“a” to “j,” with an exception to the career and technical limitation applicable to Iowa Code section 256.11(5)“h.”
	(3)	A school district with total basic educational data survey enrollment of not more than 600 that contracts with a community college to provide any of the three required sequential units in any of the four career and technical education service areas identified as the district’s career and technical program required in Iowa Code section 256.11(5)“h” may request supplementary weighting for any community college course within one of the four service areas if the district’s course enrollment exceeds five.
	b. 	The course must be included in the community college catalog or an amendment or addendum to the catalog.
	c. 	The course must be open to all registered community college students not just high school students.
	d. 	The course must be for college credit and the credit must apply toward an associate of arts or associate of science degree, or toward an associate of applied arts or associate of applied science degree, or toward completion of a college diploma program.
	e. 	The course must be taught by an instructor employed by or under contract with the community college who meets the requirements of Iowa Code section 261E.3.
	f. 	The course must be taught utilizing the community college course syllabus.
	g. 	The course must be taught in such a manner as to result in student work and student assessment which meet college-level expectations.
	h. 	The course must not have been determined as failing to meet the standards established by the postsecondary course audit committee.
	97.2(6) Attend a project lead the way class in a community college. Students attending a science, technology, engineering, or mathematics class that uses an activities-based, project-based, and problem-based learning approach and that is offered collaboratively by the students’ school district and a community college in partnership with a nationally recognized provider of rigorous and innovative science, technology, engineering, and mathematics curriculum are eligible for supplementary weighting under paragraph 97.2(1)“e” if the curriculum provider is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
	97.2(7) Ineligibility. The following students are ineligible for supplementary weighting:
	a. 	Nonresident students attending the school district under any arrangement except open enrolled in students, nonpublic shared-time students, or dual enrolled competent private instruction students in grades 9 through 12.
	b. 	Students eligible for the special education weighting plan provided in Iowa Code section 256B.9 when being served by special education programs or services that carry additional weighting.
	c. 	Students in whole-grade sharing arrangements except under sharing pursuant to subrule 97.2(5) or subrule 97.2(7).
	d. 	Students open enrolled out except under sharing pursuant to subrule 97.2(5) or subrule 97.6(1), paragraph “c.”
	e. 	Students open enrolled in, except under sharing pursuant to subrule 97.2(5) or subrule 97.6(1), paragraph “c,” when the students are under competent private instruction and are dual enrolled in grades 9 through 12.
	f. 	Students participating in shared services rather than shared classes except under sharing pursuant to rule 281—97.7(257).
	g. 	Students taking postsecondary enrollment options (PSEO) courses.
	h. 	Students enrolled in courses or programs offered by their resident school districts unless those courses meet the conditions for attending classes in a community college under subrule 97.2(5) or if the teacher is employed by another school district pursuant to subrule 97.2(3) or if a teacher is jointly employed with another school district pursuant to subrule 97.2(4) or if the courses are included in the curriculum of an in-district regional academy pursuant to subrule 97.4(1) or if the courses are in-district virtual classes provided via ICN video services to other districts pursuant to subrule 97.6(1).
	i. 	Students enrolled in courses or programs taught by teachers employed by their resident school districts unless the employment meets the criteria of joint employment with another school district under subrule 97.2(4) or if the criteria in subrule 97.2(5) are met for students attending class in a community college or if the courses are included in the curriculum of an in-district regional academy pursuant to subrule 97.4(1) or if the courses are in-district virtual classes provided via ICN video services to other districts pursuant to subrule 97.6(1).
	j. 	Students enrolled in an at-risk program or alternative school program when being served by such program.
	k. 	Students enrolled in summer school courses.
	97.2(8) Whole-grade sharing. If all or a substantial portion of the students in any grade are shared with another one or more school districts for all or a substantial portion of a school day, then no students in that grade level are eligible for supplementary weighting except as authorized by rule 281—97.5(257). No students in the grade levels who meet the criterion in this subrule are eligible for supplementary weighting even in the absence of an agreement executed pursuant to Iowa Code sections 282.10 through 282.12. A district that discontinues grades pursuant to Iowa Code section 282.7 is deemed to be whole-grade sharing the resident students in those discontinued grades for purposes of these rules.
	a. 	In a one-way whole-grade sharing arrangement, the receiving district may count its resident students in the grade levels that are whole-grade shared if the resident students are shared pursuant to subrule 97.2(2), 97.2(3), or 97.2(5).
	b. 	In a one-way whole-grade sharing arrangement, the receiving district may not count its resident students in the grade levels that are whole-grade shared pursuant to subrule 97.2(3) if the teacher is employed by the same district that is sending students under the whole-grade sharing arrangement.
	97.2(9) Due date. Supplementary weighting shall be included with the certified enrollment which is due October 15 following the October 1, or the first Monday in October if October 1 falls on a Saturday or Sunday, on which the enrollment was taken.
[ARC 8188B, IAB 10/7/09, effective 11/11/09; ARC 9266B, IAB 12/15/10, effective 1/19/11; ARC 0520C, IAB 12/12/12, effective 1/16/13; ARC 4297C, IAB 2/13/19, effective 3/20/19]
281—97.3(257) Supplementary weighting plan for at-risk students.
	97.3(1) Uses of funds. Funding generated by the supplementary weighting plan for at-risk students shall be used to develop or maintain at-risk programs, which may include alternative school programs.
	97.3(2) Calculation of funding. Funding for the supplementary weighting plan for at-risk students is calculated as follows:
	a. 	Adding a weighting for each resident student of one hundred fifty-six one-hundred-thousandths, and
	b. 	Adding a weighting of forty-eight ten-thousandths multiplied by the percentage of pupils in the district enrolled in grades one through six, as reported by the school district on the basic educational data survey for the base year, who are eligible for free and reduced price meals under the federal National School Lunch Act and the federal Child Nutrition Act of 1966, 42 U.S.C. Sections 1751-1769j, multiplied by the district’s budget enrollment.
	97.3(3) Guarantee. Rescinded IAB 8/21/02, effective 9/25/02.
	97.3(4) Recalculation of funding. Rescinded IAB 8/21/02, effective 9/25/02.
	97.3(5) School-based youth services. Rescinded IAB 8/21/02, effective 9/25/02.
[ARC 4297C, IAB 2/13/19, effective 3/20/19]
281—97.4(257) Supplementary weighting plan for a regional academy.
	97.4(1) Eligibility. Except if listed under subrule 97.2(6), a resident student is eligible for supplementary weighting if the student is eligible to be counted as a resident student for certified enrollment and if all of the following criteria are met:
	a. 	Two or more Iowa school districts, other than a whole-grade sharing partner district, send students to advanced-level courses that are included in the curriculum of the regional academy, and these students are eligible for supplementary weighting under subrule 97.2(1), paragraph “a” or “c.” In addition, for the host district to qualify for the minimum weighting pursuant to subrule 97.4(4), one or more Iowa school districts, other than a whole-grade sharing partner district, must send students to career-technical classes that are included in the curriculum of the regional academy.
	b. 	The regional academy is located in the district.
	c. 	The grade levels include one or more grades seven through twelve.
	d. 	The curriculum is an organized course of study, adopted by the board, that includes a minimum of two advanced-level courses that are not part of a career-technical program. An advanced-level course is a course that is above the level of the course units required as minimum curriculum in 281—Chapter 12 in the host district.
	e. 	The resident students are not eligible for supplementary weighting under another supplementary weighting plan.
	f. 	No resident or nonresident students are attending the regional academy under a whole-grade sharing arrangement as defined in subrule 97.2(7).
	g. 	Two or more sending districts that are whole-grade sharing partner districts shall be treated as one sending district for purposes of subrule 97.4(1), paragraph “a.”
	h. 	The school districts participating in a regional academy shall enter into an agreement on how the funding generated by the supplementary weighting received shall be used and shall submit the agreement, as well as a copy of the minutes of meetings of the local school district boards of directors in which the boards approved the agreement, to the department for approval by October 1 of the year in which the districts intend to request supplementary weighting for the regional academy.
	97.4(2) Weighting. Resident students eligible for supplementary weighting pursuant to subrule 97.4(1) shall be eligible for a weighting of one-tenth of the fraction of a school year during which the pupil attends courses at the regional academy in which nonresident students are enrolled pursuant to subrule 97.4(1), paragraph “a.”
	97.4(3) Maximum weighting. The maximum amount of additional weighting for which a school district establishing a regional academy shall be eligible is an amount corresponding to 30 full-time-equivalent pupils.
	97.4(4) Minimum weighting. The minimum amount of additional weighting for which a school district establishing a regional academy shall be eligible is an amount corresponding to 15 full-time-equivalent pupils if the academy provides both advanced-level courses and career-technical courses.
	97.4(5) Additional programs. If all of the criteria in subrule 97.4(1) are met, the regional academy may also include in its curriculum career-technical courses, Internet-based courses and ICN courses.
	97.4(6) Career academy. A career academy is not a regional academy for purposes of these rules.
[ARC 8188B, IAB 10/7/09, effective 11/11/09; ARC 0014C, IAB 2/22/12, effective 3/28/12 (See Delay note at end of chapter)]
281—97.5(257) Supplementary weighting plan for whole-grade sharing.
	97.5(1) Whole-grade sharing. A school district which participates in a whole-grade sharing arrangement executed pursuant to Iowa Code sections 282.10 to 282.12 and which has adopted a board resolution to study dissolution or has adopted a board resolution jointly with all other affected boards to study reorganization to take effect on or before July 1, 2019, is eligible to assign a weighting of one-tenth of the fraction of the school year during which resident pupils attend classes pursuant to subrule 97.2(1), paragraph “a,”“b,” or “c.” A school district participating in a whole-grade sharing arrangement shall be eligible for supplementary weighting under this subrule for a maximum of three years. Receipt of supplementary weighting for the second year and for the third year shall be conditioned upon submission of information resulting from the study to the school budget review committee indicating progress or continued progress toward the objective of dissolution or reorganization on or before July 1, 2019.
	97.5(2) Contiguous districts. School districts that adopt a board resolution jointly with all other affected boards to study reorganization must be contiguous school districts. If two or more of the affected districts are not contiguous to each other, all districts separating those districts must be a party to the whole-grade sharing arrangement and the board resolution adopted jointly to study reorganization.
	97.5(3) Consecutive years. A school district that is eligible to add a supplementary weighting for resident students attending classes under a whole-grade sharing arrangement pursuant to subrule 97.5(1) is not required to utilize consecutive years. However, the final year in which a supplementary weighting may be added on October 1 for this purpose shall not be later than the school year that begins July 1, 2018.
	97.5(4) Change in sharing districts. A school district that is eligible to add a supplementary weighting for resident students attending classes under a whole-grade sharing arrangement pursuant to subrule 97.5(1) may enter into a whole-grade sharing arrangement with one or more different districts for its second or third year of eligible weighting by adopting and filing a new joint board resolution pursuant to this subrule. Establishing a new whole-grade sharing arrangement does not extend the maximum number of years for which a school district is eligible.
	97.5(5) Filing board resolutions. Each school district that adopts a board resolution to study dissolution or has adopted a board resolution jointly with all other affected boards to study reorganization shall file a copy of the board resolution with the department of education not later than October 1 on which date the district intends to request supplementary weighting for whole-grade sharing.
	97.5(6) Filing progress reports. Each school district that assigned a supplementary weighting to resident students attending class in a whole-grade sharing arrangement and that intends to assign a supplementary weighting to resident students attending class in a whole-grade sharing arrangement in the following year shall file a report of progress toward reorganization with the school budget review committee, on forms developed by the department of education, no later than August 1 preceding  October 1 on which date the district intends to request supplementary weighting for whole-grade sharing.
	a. 	The progress report shall include, but not be limited to, the following information:
	(1)	Names of districts with which the district is studying reorganization.
	(2)	Descriptive information on the whole-grade sharing arrangement.
	(3)	If the district is studying dissolution, information on whether public hearings have been held, a proposal has been adopted, and an election date has been set.
	(4)	If the district is studying reorganization, information on whether public hearings have been held, a plan has been approved by the AEA, and an election date has been set.
	(5)	Description of joint activities of the boards such as planning retreats and community meetings.
	(6)	Information showing an increase in sharing activities with the whole-grade sharing partners such as curriculum offerings, program administration, personnel, and facilities.
	b. 	The report must indicate progress toward a reorganization or dissolution to occur on or before July 1, 2019. Indicators of progress may include, but are not limited to:
	(1)	Establishing substantially similar salary schedules or a plan by which the sharing districts will be able to develop a single salary schedule upon reorganization.
	(2)	Establishing a joint teacher evaluation process and instruments.
	(3)	Developing a substantially similar continuous school improvement plan (CSIP) with aligned goals including a district professional development plan.
	(4)	Increasing the number of grades involved in the whole-grade sharing arrangement.
	(5)	Increasing the number of shared teaching or educator positions.
	(6)	Increasing the number or extent of operational sharing arrangements.
	(7)	Increasing the number of shared programs such as career, at risk, gifted and talented, curricular, or cocurricular.
	(8)	Increasing the number of joint board meetings or planning retreats.
	(9)	Holding regular or frequent public meetings to inform the public of progress toward reorganization and to receive comments from the public regarding the proposed reorganization.
	(10)	Adopting a reorganization or dissolution proposal.
	(11)	Setting proposed boundaries.
	(12)	Setting a date for an election on the reorganization or dissolution proposal.
	c. 	The school budget review committee shall consider each progress report at its first regular meeting of the fiscal year and shall accept the progress report or shall reject the progress report with comments. The reports will be evaluated on demonstrated progress within the past year toward reorganization or dissolution.
	d. 	A school district whose progress report is not accepted shall be allowed to submit a revised progress report at the second regular meeting of the school budget review committee. The committee shall accept or reject the revised progress report.
	e. 	If the school budget review committee rejects the progress report and the district does not submit a revised progress report or if the school budget review committee rejects the revised progress report, the school district shall not be eligible for supplementary weighting for whole-grade sharing.
[ARC 8188B, IAB 10/7/09, effective 11/11/09; ARC 1486C, IAB 6/11/14, effective 5/15/14; ARC 1596C, IAB 9/3/14, effective 10/8/14]
281—97.6(257) Supplementary weighting plan for ICN video services.
	97.6(1) Eligibility. Except for students listed under subrule 97.2(6), a resident student is eligible for supplementary weighting if the student is eligible to be counted as a resident student for certified enrollment, is not eligible for supplementary weighting for the same course under another supplementary weighting plan, and meets any of the criteria in “a,” “b,” or “c” below. For purposes of this subrule, the portion of a course offered via ICN video services shall be considered separately from the portion of the course not offered via ICN video services. Eligible students include:
	a. 	Resident students who receive a virtual class provided by another school district via ICN video services.
	b. 	Resident students who attend a virtual class that the resident district is providing to students in one or more other school districts via ICN video services.
	c. 	Resident students who receive a virtual community college class via ICN video services. The community college class must be a course eligible for supplementary weighting under the criteria listed in subrule 97.2(5).
	97.6(2) Weighting. Resident students eligible for supplementary weighting pursuant to subrule 97.6(1) shall be eligible for a weighting of one-twentieth of the fraction of the school year during which the pupil attends the virtual class.
	97.6(3) Payment to teachers. A school district that includes students in a virtual class for supplementary weighting shall reserve 50 percent of the supplementary weighting funding the district will receive as a result of including the resident students in the virtual class for supplementary weighting as additional pay for the virtual class teacher.
	a. 	The employer of the virtual class teacher will make the payment.
	b. 	The additional pay includes salary and the employer’s share of FICA and IPERS.
	c. 	The employer shall pay the virtual class teacher during the same school year in which the virtual class is provided.
	d. 	The employer may pay the virtual class teacher at the conclusion of the virtual class or may pay the teacher periodic payments that represent the portion of the virtual class that has been provided. The employer may not pay the teacher prior to services being rendered.
	e. 	The additional pay shall be calculated as 0.5 multiplied by the supplementary weighting for the virtual class multiplied by the district cost per pupil in the subsequent budget year.
	f. 	If the teacher’s contract includes additional pay for teaching the virtual class, the teacher shall receive the higher amount of the additional pay in the contract or the amount of the additional pay calculated pursuant to paragraphs “b” and “e” above. For purposes of this comparison, the employer shall compare the salary portions only.
	g. 	The contract between the agencies shall provide for the additional pay for the teacher of the virtual class. That 50 percent of the supplementary weighting funding would be paid in addition to the tuition sent to the providing district or community college to be paid as additional pay to its teacher employee.
281—97.7(257) Supplementary weighting plan for operational services.
	97.7(1) Eligibility. Supplementary weighting is available if all of the following criteria are met:
	a. 	The district shares a discrete operational function with one or more other political subdivisions pursuant to a written contract.
	b. 	The district shares an operational function for at least 20 percent of the contract time period during the fiscal year that is customary for a full-time employee in the operational function for at least 20 percent of the contract time period during the fiscal year. The 20 percent is measured each fiscal year and for each discrete operational function.
	c. 	Personnel shared as part of an operational function are employees of one of the sharing partners but are not employees of more than one of the sharing partners.
	d. 	If the district shares an operational function with more than one political subdivision, the sharing arrangement is listed only once for purposes of supplementary weighting.
	e. 	If the district shares more than one individual in the same operational function, that operational function shall be listed only once for the purposes of supplementary weighting.
	f. 	No individual personnel shall be included for operational function sharing more than once for supplementary weighting in the same fiscal year.
	g. 	If more than one sharing arrangement is implemented in any one operational function area and the services shared are substantially similar as determined by the department of education, only the sharing arrangement implemented first will be eligible for supplementary weighting.
	h. 	The operational function areas shared include one or more of the areas listed in subrule 97.7(2).
	97.7(2) Operational function area eligibility. “Operational function sharing” means sharing of managerial personnel in the discrete operational function areas of superintendent management, business management, human resources management, student transportation management, facility operation or maintenance management, curriculum director, master social worker, independent social worker, or school counselor. “Operational function sharing” does not mean sharing of clerical personnel or school principals. The operational function sharing arrangement does not need to be a newly implemented sharing arrangement in order to be eligible for supplementary weighting.
	a. 	Superintendent management.
	(1)	Shared personnel must perform the services of a superintendent, in the case of a school district, or chief administrator, in the case of an area education agency, or executive administrator, in the case of other political subdivisions. An individual performing the function of a superintendent or chief administrator must be properly licensed for that position.
	(2)	Clerical or other support services personnel in the superintendent function area or executive administrator function area shall not be considered shared superintendent management under this subrule.
	(3)	Shared superintendent services or executive administrator services shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider.
	b. 	Business management.
	(1)	Shared personnel must perform the services of managing the business operations. Managing business operations would include personnel performing the duties of a business manager or school business official, or personnel performing duties including, but not limited to, those listed in Iowa Code chapter 291 for a board secretary or board treasurer.
	(2)	Services of clerical personnel, school administration managers, superintendents, principals, teachers, board officers except those listed in subparagraph (1), or any other nonbusiness administration personnel shall not be considered shared business management under this subrule.
	(3)	Shared business management shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider.
	c. 	Human resources management.
	(1)	Shared personnel must perform the services of managing human resources.
	(2)	Services of clerical personnel, superintendents, principals, curriculum directors, teachers, or board officers shall not be considered shared human resources management under this subrule.
	(3)	Shared human resources management shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider.
	d. 	Student transportation management.
	(1)	Shared personnel shall include transportation directors or supervisors. Shared personnel must perform services related to transportation.
	(2)	Services of school business officials, business managers, school administration managers, clerical or paraprofessional personnel, school bus mechanics, and school bus drivers shall not be considered shared student transportation management under this subrule.
	(3)	Shared transportation management shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider.
	e. 	Facility operations and maintenance.
	(1)	Shared personnel shall include facility managers and supervisors of buildings or grounds. Shared personnel must perform services related to facility operations and maintenance.
	(2)	Services of school business officials, business managers, school administration managers, clerical personnel or custodians shall not be considered shared facility operations and maintenance management for supplementary weighting under this subrule.
	(3)	Shared facility operations and maintenance management shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider.
	f. 	Curriculum director.
	(1)	Shared personnel must perform the services of a curriculum director.
	(2)	Technology directors and clerical, paraprofessional, or other support services personnel in the improvement of instruction function area shall not be considered a shared curriculum director under this subrule.
	(3)	Shared curriculum director services shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider.
	g. 	School counselor.
	(1)	Shared personnel must perform the services of a school counselor. An individual performing the function of a school counselor must be properly licensed for that position.
	(2)	Deans of students, social workers, or clerical, paraprofessional, or other support services personnel in the guidance services function area shall not be considered a shared school counselor under this subrule.
	(3)	Shared school counselor services shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider.
	h. 	School social worker.
	(1)	Shared personnel must perform the services of a school social worker. An individual performing the function of a school social worker must be properly licensed for that position.
	(2)	Social workers providing services required to be provided by an area education agency shall not be considered a shared school social worker under this subrule.
	(3)	Shared school social worker services shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider.
	97.7(3) Eligibility. The supplementary weighting for eligible shared operational functions may be included beginning on October 1, 2013.
	a. 	Receipt of supplementary weighting shall be conditioned upon the submission of information provided in the format prescribed by the department of education as part of the BEDS fall data collection.
	b. 	The documentation on the BEDS fall data collection shall be filed no later than the published deadline for that data collection.
	97.7(4) Contiguous districts. School districts that share operational functions with other school districts are not required to be contiguous school districts. If the districts are not contiguous, the district(s) separating those districts is not required to be a party to the operational sharing arrangement.
	97.7(5) Consecutive years. A school district that is eligible to add a supplementary weighting for a shared operational function is not required to utilize consecutive years. However, the final year in which a supplementary weighting may be added on October 1 for this purpose shall not be later than the school year that begins July 1, 2023.
	97.7(6) Change in sharing partners. A school district that is eligible to add a supplementary weighting for a shared operational function may enter into an operational function sharing arrangement with one or more different sharing partners.
	97.7(7) Change in shared personnel. A school district that is eligible to add a supplementary weighting for a shared operational function may enter into an operational function arrangement for a different individual in a substantially similar position.
	97.7(8) Multiple shared operational functions. A school district that implements more than one sharing arrangement within any discrete operational function area shall be eligible for supplementary weighting for only one sharing arrangement in that discrete operational function.
	97.7(9) Multiple shared individuals within an operational function. A school district that implements more than one sharing arrangement within any discrete operational function area, as both the contract holder and the purchaser of services, shall not be eligible for supplementary weighting if the sharing arrangements would not have been necessary had the district utilized its own properly licensed and qualified employee(s).
	97.7(10) Weighting. A school district that shares an operational function in the area of superintendent management shall be assigned a supplementary weighting of eight pupils for the function. A school district that shares an operational function in the area of business management, human resources management, transportation management, or operation and maintenance management shall be assigned a supplementary weighting of five pupils for the function. A school district that shares the operational functions of a curriculum director, master social worker, independent social worker, or school counselor shall be assigned a supplementary weighting of three pupils for the function. The supplementary weighting shall be assigned to each discrete operational function shared. The department shall reserve the authority to determine if an operational sharing arrangement constitutes a discrete arrangement or qualifying operational sharing arrangement if the circumstances have not been clearly described in the Iowa Code or the Iowa Administrative Code.
	97.7(11) Sharing arrangement duties. A school district may receive the additional weighting for the sharing of services of an individual with a political subdivision that is not a school corporation even if the type of operational function performed by the individual for the school district and the type of operational function performed by the individual for the political subdivision are not the same operational function, so long as both operational functions are eligible for weighting. In such case, the school district shall be assigned the additional weighting for the type of operational function that the individual performs for the school district, and the school district shall not receive additional weighting for any other function performed by the individual.
	97.7(12) Maximum weighting. The maximum amount of additional weighting for which a school district participating in operational function sharing shall be eligible in a budget year is an amount corresponding to 21 full-time equivalent pupils. The maximum additional weighting applies to the total of all operational function sharing rather than to each discrete operational function. Each eligible discrete operational function sharing arrangement shall be included in the total of all operational function sharing. If the district’s total of all discrete operational function sharing exceeds 21 full-time equivalent pupils, the department shall make a reduction in the total rather than separately adjusting the discrete operational function sharing that made up the total.
	97.7(13) Uses of funding. Additional funds provided through supplementary weighting for operational function sharing shall be used to increase student opportunities.
	97.7(14) Area education agency maximum funding. The provisions of rule 281—97.7(257) also apply to an area education agency except for pupil counts for operational function sharing and maximum weightings.
	a. 	An area education agency shall be eligible for a minimum amount of additional funding of $30,000 in a budget year for the total of all operational function sharing arrangements.
	b. 	An area education agency shall be eligible for a maximum amount of additional funding of $200,000 in a budget year for the total of all operational function sharing arrangements.
	c. 	The department of management shall annually set a weighting for each area education agency to generate the approved operational function sharing dollars using each area education agency’s special education cost-per-pupil amount and foundation level.
[ARC 8188B, IAB 10/7/09, effective 11/11/09; ARC 1119C, IAB 10/16/13, effective 11/20/13; see Delay note at end of chapter; ARC 1486C, IAB 6/11/14, effective 5/15/14; ARC 1596C, IAB 9/3/14, effective 10/8/14; ARC 4297C, IAB 2/13/19, effective 3/20/19]
These rules are intended to implement Iowa Code sections 257.6, 257.11, and 257.12 and Iowa Code chapter 261E.
[Filed emergency 8/13/99—published 9/8/99, effective 8/13/99]
[Filed 10/21/99, Notice 9/8/99—published 11/17/99, effective 12/22/99]
[Filed 10/20/00, Notice 8/23/00—published 11/15/00, effective 12/20/00]
[Filed 8/2/02, Notice 5/29/02—published 8/21/02, effective 9/25/02]
[Filed 11/19/03, Notice 10/1/03—published 12/10/03, effective 1/14/04]
[Filed 11/14/07, Notice 10/10/07—published 12/5/07, effective 1/9/08]
[Filed ARC 8188B (Notice ARC 7611B, IAB 3/11/09), IAB 10/7/09, effective 11/11/09]
[Filed ARC 9266B (Notice ARC 9016B, IAB 8/25/10), IAB 12/15/10, effective 1/19/11]
[Filed ARC 0014C (Notice ARC 9908B, IAB 12/14/11), IAB 2/22/12, effective 3/28/12]1
[Editorial change: IAC Supplement 3/21/12]
[Filed ARC 0520C (Notice ARC 0385C, IAB 10/3/12), IAB 12/12/12, effective 1/16/13]
[Filed ARC 1119C (Notice ARC 0967C, IAB 8/21/13), IAB 10/16/13, effective 11/20/13]2
[Filed Emergency ARC 1486C, IAB 6/11/14, effective 5/15/14]
[Filed ARC 1596C (Notice ARC 1499C, IAB 6/11/14), IAB 9/3/14, effective 10/8/14]
[Filed ARC 4297C (Notice ARC 4156C, IAB 12/5/18), IAB 2/13/19, effective 3/20/19]
1	March 28, 2012, effective date of 97.1, “regional academy,” and 97.4(1)“c,”“h” delayed 30 days by the Administrative Rules Review Committee at its meeting held March 12, 2012.
2	November 20, 2013, effective date of ARC 1119C [97.7] delayed until the adjournment of the 2014 General Assembly by the Administrative Rules Review Committee at its meeting held November 8, 2013.