House Amendment 1635


PAG LIN




     1  1    Amend House File 816, as amended, passed, and
     1  2 reprinted by the House, as follows:
     1  3 #1.  By striking everything after the enacting
     1  4 clause and inserting the following:
     1  5                <DEPARTMENT FOR THE BLIND
     1  6    Section 1.  ADMINISTRATION.  There is appropriated
     1  7 from the general fund of the state to the department
     1  8 for the blind for the fiscal year beginning July 1,
     1  9 2005, and ending June 30, 2006, the following amount,
     1 10 or so much thereof as is necessary, to be used for the
     1 11 purposes designated:
     1 12    For salaries, support, maintenance, miscellaneous
     1 13 purposes and for not more than the following full=time
     1 14 equivalent positions:
     1 15 .................................................. $  1,886,842
     1 16 ............................................... FTEs     109.50
     1 17             COLLEGE STUDENT AID COMMISSION
     1 18    Sec. 2.  There is appropriated from the general
     1 19 fund of the state to the college student aid
     1 20 commission for the fiscal year beginning July 1, 2005,
     1 21 and ending June 30, 2006, the following amounts, or so
     1 22 much thereof as may be necessary, to be used for the
     1 23 purposes designated:
     1 24    1.  GENERAL ADMINISTRATION
     1 25    For salaries, support, maintenance, miscellaneous
     1 26 purposes, and for not more than the following full=
     1 27 time equivalent positions:
     1 28 .................................................. $    349,494
     1 29 ............................................... FTEs       4.30
     1 30    2.  STUDENT AID PROGRAMS
     1 31    For payments to students for the Iowa grant
     1 32 program:
     1 33 .................................................. $  1,029,784
     1 34    3.  DES MOINES UNIVERSITY == OSTEOPATHIC MEDICAL
     1 35 CENTER
     1 36    a.  For forgivable loans to Iowa students attending
     1 37 the Des Moines university == osteopathic medical
     1 38 center under the forgivable loan program pursuant to
     1 39 section 261.19:
     1 40 .................................................. $    100,000
     1 41    To receive funds appropriated pursuant to this
     1 42 paragraph, Des Moines university == osteopathic
     1 43 medical center shall match the funds with
     1 44 institutional funds on a dollar=for=dollar basis.
     1 45    b.  For the Des Moines university == osteopathic
     1 46 medical center for an initiative in primary health
     1 47 care to direct primary care physicians to shortage
     1 48 areas in the state:
     1 49 .................................................. $    346,451
     1 50    4.  NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM
     2  1    For purposes of providing national guard
     2  2 educational assistance under the program established
     2  3 in section 261.86:
     2  4 .................................................. $  3,800,000
     2  5    5.  TEACHER SHORTAGE FORGIVABLE LOAN PROGRAM
     2  6    For the teacher shortage forgivable loan program
     2  7 established in section 261.111:
     2  8 .................................................. $    285,000
     2  9    Sec. 3.  WORK=STUDY APPROPRIATION FOR FY 2005=
     2 10 2006.  Notwithstanding section 261.85, for the fiscal
     2 11 year beginning July 1, 2005, and ending June 30, 2006,
     2 12 the amount appropriated from the general fund of the
     2 13 state to the college student aid commission for the
     2 14 work=study program under section 261.85 shall be
     2 15 $140,000, and from the moneys appropriated in this
     2 16 section, $76,365 shall be allocated to institutions of
     2 17 higher education under the state board of regents and
     2 18 community colleges and the remaining dollars
     2 19 appropriated in this section shall be allocated by the
     2 20 college student aid commission on the basis of need as
     2 21 determined by the portion of the federal formula for
     2 22 distribution for work=study funds that relates to the
     2 23 current need of institutions.
     2 24    Sec. 4.  COLLEGE STUDENT AID COMMISSION STUDY ==
     2 25 STATE AID FOR STUDENTS ENROLLED IN ACCREDITED PRIVATE
     2 26 INSTITUTIONS.  The college student aid commission
     2 27 shall develop, in consultation with representatives
     2 28 from accredited private institutions whose income is
     2 29 not exempt from taxation under section 501(c) of the
     2 30 Internal Revenue Code, recommendations for a policy
     2 31 regarding the protection of educational consumers for
     2 32 inclusion in the definition of "accredited private
     2 33 institution" under section 261.9.  It is the intent of
     2 34 the general assembly to consider such a policy as it
     2 35 might apply to private institutions whose income is
     2 36 not exempt, and those private institutions whose
     2 37 income is exempt, from taxation under section 501(c)
     2 38 of the Internal Revenue Code.  In determining its
     2 39 recommendations, the commission shall include a review
     2 40 of information that includes, but is not limited to,
     2 41 the percent of students who are enrolled in each
     2 42 institution who have high school graduation diplomas,
     2 43 the percentage of students enrolled in each
     2 44 institution who have high school equivalency diplomas,
     2 45 the percentage of low=income students enrolled in each
     2 46 institution, the percentage of nontraditional students
     2 47 enrolled in each institution, the graduation and job
     2 48 placement rates of each institution, and each
     2 49 institution's official cohort default rate, which is
     2 50 released annually by the United States department of
     3  1 education.  The commission shall submit its findings
     3  2 and recommendations to the governor and the general
     3  3 assembly by January 10, 2006.
     3  4             DEPARTMENT OF CULTURAL AFFAIRS
     3  5    Sec. 5.  There is appropriated from the general
     3  6 fund of the state to the department of cultural
     3  7 affairs for the fiscal year beginning July 1, 2005,
     3  8 and ending June 30, 2006, the following amounts, or so
     3  9 much thereof as is necessary, to be used for the
     3 10 purposes designated:
     3 11    1.  ADMINISTRATION
     3 12    For salaries, support, maintenance, and
     3 13 miscellaneous purposes:
     3 14 .................................................. $    235,636
     3 15    The department of cultural affairs shall coordinate
     3 16 activities with the tourism office of the department
     3 17 of economic development to promote attendance at the
     3 18 state historical building and at this state's historic
     3 19 sites.
     3 20    2.  COMMUNITY CULTURAL GRANTS
     3 21    For planning and programming for the community
     3 22 cultural grants program established under section
     3 23 303.3:
     3 24 .................................................. $    299,240
     3 25    3.  HISTORICAL DIVISION
     3 26    For salaries, support, maintenance, miscellaneous
     3 27 purposes, and for not more than the following full=
     3 28 time equivalent positions:
     3 29 .................................................. $  3,040,920
     3 30 ............................................... FTEs      65.00
     3 31    4.  HISTORIC SITES
     3 32    For salaries, support, maintenance, and
     3 33 miscellaneous purposes:
     3 34 .................................................. $    526,459
     3 35    5.  ARTS DIVISION
     3 36    For salaries, support, maintenance, miscellaneous
     3 37 purposes, including funds to match federal grants and
     3 38 for not more than the following full=time equivalent
     3 39 positions:
     3 40 .................................................. $  1,157,486
     3 41 ............................................... FTEs      11.25
     3 42    6.  GREAT PLACES
     3 43    For salaries, support, maintenance, and
     3 44 miscellaneous purposes:
     3 45 .................................................. $    200,000
     3 46    7.  ARCHIVE IOWA GOVERNORS' RECORDS
     3 47    For archiving the records of Iowa governors:
     3 48 .................................................. $     75,000
     3 49                 DEPARTMENT OF EDUCATION
     3 50    Sec. 6.  There is appropriated from the general
     4  1 fund of the state to the department of education for
     4  2 the fiscal year beginning July 1, 2005, and ending
     4  3 June 30, 2006, the following amounts, or so much
     4  4 thereof as may be necessary, to be used for the
     4  5 purposes designated:
     4  6    1.  GENERAL ADMINISTRATION
     4  7    For salaries, support, maintenance, miscellaneous
     4  8 purposes, and for not more than the following full=
     4  9 time equivalent positions:
     4 10 .................................................. $  5,139,542
     4 11 ............................................... FTEs      76.27
     4 12    The director of the department of education shall
     4 13 ensure that all school districts are aware of the
     4 14 state education resources available on the state
     4 15 website for listing teacher job openings and shall
     4 16 make every reasonable effort to enable qualified
     4 17 practitioners to post their resumes on the state
     4 18 website.  The department shall administer the posting
     4 19 of job vacancies for school districts, accredited
     4 20 nonpublic schools, and area education agencies on the
     4 21 state website.  The department may coordinate this
     4 22 activity with the Iowa school board association or
     4 23 other interested education associations in the state.
     4 24 The department shall strongly encourage school
     4 25 districts to seek direct claiming under the medical
     4 26 assistance program for funding of school district
     4 27 nursing services for students.
     4 28    2.  VOCATIONAL EDUCATION ADMINISTRATION
     4 29    For salaries, support, maintenance, miscellaneous
     4 30 purposes, and for not more than the following full=
     4 31 time equivalent positions:
     4 32 .................................................. $    514,828
     4 33 ............................................... FTEs      13.80
     4 34    3.  VOCATIONAL REHABILITATION SERVICES DIVISION
     4 35    a.  For salaries, support, maintenance,
     4 36 miscellaneous purposes, and for not more than the
     4 37 following full=time equivalent positions:
     4 38 .................................................. $  4,475,050
     4 39 ............................................... FTEs     273.50
     4 40    The division of vocational rehabilitation services
     4 41 shall seek funding from other sources, such as local
     4 42 funds, for purposes of matching the state's federal
     4 43 vocational rehabilitation allocation, as well as for
     4 44 matching other federal vocational rehabilitation
     4 45 funding that may become available.
     4 46    Except where prohibited under federal law, the
     4 47 division of vocational rehabilitation services of the
     4 48 department of education shall accept client
     4 49 assessments, or assessments of potential clients,
     4 50 performed by other agencies in order to reduce
     5  1 duplication of effort.
     5  2    Notwithstanding the full=time equivalent position
     5  3 limit established in this lettered paragraph, for the
     5  4 fiscal year ending June 30, 2006, if federal funding
     5  5 is received to pay the costs of additional employees
     5  6 for the vocational rehabilitation services division
     5  7 who would have duties relating to vocational
     5  8 rehabilitation services paid for through federal
     5  9 funding, authorization to hire not more than 4.00
     5 10 additional full=time equivalent employees shall be
     5 11 provided, the full=time equivalent position limit
     5 12 shall be exceeded, and the additional employees shall
     5 13 be hired by the division.
     5 14    b.  For matching funds for programs to enable
     5 15 persons with severe physical or mental disabilities to
     5 16 function more independently, including salaries and
     5 17 support, and for not more than the following full=time
     5 18 equivalent position:
     5 19 .................................................. $     54,150
     5 20 ............................................... FTEs       1.00
     5 21    The highest priority use for the moneys
     5 22 appropriated under this lettered paragraph shall be
     5 23 for programs that emphasize employment and assist
     5 24 persons with severe physical or mental disabilities to
     5 25 find and maintain employment to enable them to
     5 26 function more independently.
     5 27    4.  STATE LIBRARY
     5 28    a.  For salaries, support, maintenance,
     5 29 miscellaneous purposes, and for not more than the
     5 30 following full=time equivalent positions:
     5 31 .................................................. $  1,378,555
     5 32 ............................................... FTEs      18.00
     5 33    b.  For the enrich Iowa program:
     5 34 .................................................. $  1,698,432
     5 35    (1)  Funds allocated for purposes of the enrich
     5 36 Iowa program as provided in this lettered paragraph
     5 37 shall be distributed by the division of libraries and
     5 38 information services to provide support for Iowa's
     5 39 libraries.  The commission of libraries shall develop
     5 40 rules governing the allocation of funds provided by
     5 41 the general assembly for the enrich Iowa program to
     5 42 provide direct state assistance to public libraries
     5 43 and to fund the open access and access plus programs.
     5 44 Direct state assistance to eligible public libraries
     5 45 is provided as an incentive to improve library
     5 46 services and to reduce inequities among communities in
     5 47 the delivery of library services based on recognized
     5 48 and adopted performance measures.  Funds distributed
     5 49 as direct state assistance shall be distributed to
     5 50 eligible public libraries that are in compliance with
     6  1 performance measures adopted by rule by the commission
     6  2 of libraries.  The funds allocated as provided in this
     6  3 lettered paragraph shall not be used for the costs of
     6  4 administration by the division.  The amount of direct
     6  5 state assistance distributed to each eligible public
     6  6 library shall be based upon the following:
     6  7    (a)  The level of compliance by the eligible public
     6  8 library with the performance measures adopted by the
     6  9 commission as provided in this subparagraph.
     6 10    (b)  The number of people residing within an
     6 11 eligible library's geographic service area for whom
     6 12 the library provides services.
     6 13    (c)  The amount of other funding the eligible
     6 14 public library received in the previous fiscal year
     6 15 for providing services to rural residents and to
     6 16 contracting communities.
     6 17    (2)  Moneys received by a public library under this
     6 18 lettered paragraph shall supplement, not supplant, any
     6 19 other funding received by the library.
     6 20    (3)  For purposes of this section, "eligible public
     6 21 library" means a public library that meets all of the
     6 22 following requirements:
     6 23    (a)  Submits to the division all of the following:
     6 24    (i)  The report provided for under section 256.51,
     6 25 subsection 1, paragraph "h".
     6 26    (ii)  An application and accreditation report, in a
     6 27 format approved by the commission, that provides
     6 28 evidence of the library's compliance with at least one
     6 29 level of the standards established in accordance with
     6 30 section 256.51, subsection 1, paragraph "k".
     6 31    (iii)  Any other application or report the division
     6 32 deems necessary for the implementation of the enrich
     6 33 Iowa program.
     6 34    (b)  Participates in the library resource and
     6 35 information sharing programs established by the state
     6 36 library.
     6 37    (c)  Is a public library established by city
     6 38 ordinance or a library district as provided in chapter
     6 39 336.
     6 40    (4)  Each eligible public library shall maintain a
     6 41 separate listing within its budget for payments
     6 42 received and expenditures made pursuant to this
     6 43 lettered paragraph, and shall annually submit this
     6 44 listing to the division.
     6 45    (5)  By January 15, 2007, the division shall submit
     6 46 a program evaluation report to the general assembly
     6 47 and the governor detailing the uses and the impacts of
     6 48 funds allocated under this lettered paragraph.
     6 49    (6)  A public library that receives funds in
     6 50 accordance with this lettered paragraph shall have an
     7  1 internet use policy in place, which may or may not
     7  2 include internet filtering.  The library shall submit
     7  3 a report describing the library's internet use efforts
     7  4 to the division.
     7  5    (7)  A public library that receives funds in
     7  6 accordance with this lettered paragraph shall provide
     7  7 open access, the reciprocal borrowing program, as a
     7  8 service to its patrons, at a reimbursement rate
     7  9 determined by the state library.
     7 10    5.  LIBRARY SERVICE AREA SYSTEM
     7 11    For state aid:
     7 12 .................................................. $  1,376,558
     7 13    6.  PUBLIC BROADCASTING DIVISION
     7 14    For salaries, support, maintenance, capital
     7 15 expenditures, miscellaneous purposes, and for not more
     7 16 than the following full=time equivalent positions:
     7 17 .................................................. $  7,356,722
     7 18 ............................................... FTEs      86.00
     7 19    7.  REGIONAL TELECOMMUNICATIONS COUNCILS
     7 20    For state aid:
     7 21 .................................................. $  1,240,478
     7 22    The regional telecommunications councils
     7 23 established in section 8D.5 shall use the funds
     7 24 appropriated in this subsection to provide technical
     7 25 assistance for network classrooms, planning and
     7 26 troubleshooting for local area networks, scheduling of
     7 27 video sites, and other related support activities.
     7 28    8.  VOCATIONAL EDUCATION TO SECONDARY SCHOOLS
     7 29    For reimbursement for vocational education
     7 30 expenditures made by secondary schools:
     7 31 .................................................. $  2,936,904
     7 32    Funds appropriated in this subsection shall be used
     7 33 for expenditures made by school districts to meet the
     7 34 standards set in sections 256.11, 258.4, and 260C.14
     7 35 as a result of the enactment of 1989 Iowa Acts,
     7 36 chapter 278.  Funds shall be used as reimbursement for
     7 37 vocational education expenditures made by secondary
     7 38 schools in the manner provided by the department of
     7 39 education for implementation of the standards set in
     7 40 1989 Iowa Acts, chapter 278.
     7 41    9.  SCHOOL FOOD SERVICE
     7 42    For use as state matching funds for federal
     7 43 programs that shall be disbursed according to federal
     7 44 regulations, including salaries, support, maintenance,
     7 45 and miscellaneous purposes:
     7 46 .................................................. $  2,509,683
     7 47    10.  IOWA EMPOWERMENT FUND
     7 48    For deposit in the school ready children grants
     7 49 account of the Iowa empowerment fund created in
     7 50 section 28.9:
     8  1 .................................................. $ 23,781,594
     8  2    a.  From the moneys deposited in the school ready
     8  3 children grants account for the fiscal year beginning
     8  4 July 1, 2005, and ending June 30, 2006, not more than
     8  5 $300,000 is allocated for the community empowerment
     8  6 office and other technical assistance activities and
     8  7 of that amount, not more than $50,000 shall be used to
     8  8 administer the early childhood coordinator's position
     8  9 pursuant to section 28.3, subsection 6A, if enacted by
     8 10 2005 Iowa Acts, House File 761, and not more than
     8 11 $50,000 shall be used to implement an early childhood
     8 12 Iowa website for wide dissemination of early care and
     8 13 early childhood learning information and assistance.
     8 14 It is the intent of the general assembly that regional
     8 15 technical assistance teams will be established and
     8 16 will include staff from various agencies, as
     8 17 appropriate, including the area education agencies,
     8 18 community colleges, and the Iowa state university of
     8 19 science and technology cooperative extension service
     8 20 in agriculture and home economics.  The Iowa
     8 21 empowerment board shall direct staff to work with the
     8 22 advisory council to inventory technical assistance
     8 23 needs.  Funds allocated under this lettered paragraph
     8 24 may be used by the Iowa empowerment board for the
     8 25 purpose of skills development and support for ongoing
     8 26 training of the regional technical assistance teams.
     8 27 However, funds shall not be used for additional staff
     8 28 or for the reimbursement of staff.
     8 29    b.  Notwithstanding any other provision of law to
     8 30 the contrary, the community empowerment office shall
     8 31 use the documentation created by the legislative
     8 32 services agency to continue the implementation of the
     8 33 four=year phase=in period of the distribution formula
     8 34 approved by the community empowerment board.
     8 35    c.  As a condition of receiving funding
     8 36 appropriated in this subsection, each community
     8 37 empowerment area board shall report to the Iowa
     8 38 empowerment board progress on each of the state
     8 39 indicators approved by the state board, as well as
     8 40 progress on local indicators.  The community
     8 41 empowerment area board must also submit a written plan
     8 42 amendment extending by one year the area's
     8 43 comprehensive school ready children grant plan
     8 44 developed for providing services for children from
     8 45 birth through five years of age and provide other
     8 46 information specified by the Iowa empowerment board.
     8 47 The amendment may also provide for changes in the
     8 48 programs and services provided under the plan.  The
     8 49 Iowa empowerment board shall establish a submission
     8 50 deadline for the plan amendment that allows a
     9  1 reasonable period of time for preparation of the plan
     9  2 amendment and for review and approval or request for
     9  3 modification of the plan amendment by the Iowa
     9  4 empowerment board.  In addition, the community
     9  5 empowerment board must continue to comply with
     9  6 reporting provisions and other requirements adopted by
     9  7 the Iowa empowerment board in implementing section
     9  8 28.8.
     9  9    d.  Of the amount appropriated in this subsection
     9 10 for deposit in the school ready children grants
     9 11 account of the Iowa empowerment fund that is used for
     9 12 distribution to areas, $4,650,000 shall be used to
     9 13 assist low=income parents with preschool tuition.
     9 14    e.  Of the amount appropriated in this subsection
     9 15 for deposit in the school ready children grants
     9 16 account of the Iowa empowerment fund that is used for
     9 17 distribution to areas, $1,000,000 shall be used to
     9 18 collaborate with area education agencies and community
     9 19 colleges to provide both child care and preschool
     9 20 providers with ready access to high=quality
     9 21 professional development.
     9 22    11.  TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS
     9 23    To provide funds for costs of providing textbooks
     9 24 to each resident pupil who attends a nonpublic school
     9 25 as authorized by section 301.1.  The funding is
     9 26 limited to $20 per pupil and shall not exceed the
     9 27 comparable services offered to resident public school
     9 28 pupils:
     9 29 .................................................. $    614,058
     9 30    12.  STUDENT ACHIEVEMENT AND TEACHER QUALITY
     9 31 PROGRAM
     9 32    For purposes, as provided in law, of the student
     9 33 achievement and teacher quality program established
     9 34 pursuant to chapter 284:
     9 35 .................................................. $ 69,593,894
     9 36    13.  COMMUNITY COLLEGES
     9 37    For general state financial aid to merged areas as
     9 38 defined in section 260C.2 in accordance with chapters
     9 39 258 and 260C:
     9 40 ................................................. $146,063,888
     9 41    The funds appropriated in this subsection shall be
     9 42 allocated as provided under section 260C.18C, as
     9 43 enacted by this Act, as follows:
     9 44    a.  Merged Area I ............................. $  7,043,136
     9 45    b.  Merged Area II ............................ $  8,139,764
     9 46    c.  Merged Area III ........................... $  7,546,392
     9 47    d.  Merged Area IV ............................ $  3,695,536
     9 48    e.  Merged Area V ............................. $  7,913,500
     9 49    f.  Merged Area VI ............................ $  7,164,571
     9 50    g.  Merged Area VII ........................... $ 10,403,251
    10  1    h.  Merged Area IX ............................ $ 12,820,428
    10  2    i.  Merged Area X ............................. $ 20,697,708
    10  3    j.  Merged Area XI ............................ $ 21,467,229
    10  4    k.  Merged Area XII ........................... $  8,467,199
    10  5    l.  Merged Area XIII .......................... $  8,618,079
    10  6    m.  Merged Area XIV ........................... $  3,740,768
    10  7    n.  Merged Area XV ............................ $ 11,760,384
    10  8    o.  Merged Area XVI ........................... $  6,585,943
    10  9    Sec. 7.  STATEWIDE TEACHER INTERN PROGRAM ==
    10 10 FEDERAL GRANT APPLICATION COORDINATION.
    10 11    The department shall work cooperatively with the
    10 12 state board of regents and other appropriate eligible
    10 13 grantees to obtain any available federal funding,
    10 14 including grants that may be available for the
    10 15 establishment and operation of a teacher intern
    10 16 program.
    10 17    Sec. 8.  BOARD OF EDUCATIONAL EXAMINERS LICENSING
    10 18 FEES.  Notwithstanding section 272.10, for the fiscal
    10 19 year beginning July 1, 2005, and ending June 30, 2006,
    10 20 the executive director of the board of educational
    10 21 examiners shall deposit at least 20 percent of the
    10 22 fees collected annually with the treasurer of state
    10 23 which shall be credited to the general fund of the
    10 24 state.  The remaining licensing fees collected during
    10 25 the fiscal year beginning July 1, 2005, and retained
    10 26 are appropriated to the board for the purposes related
    10 27 to the board's duties.  Notwithstanding section 8.33,
    10 28 licensing fees retained by and appropriated to the
    10 29 board pursuant to this section that remain
    10 30 unencumbered or unobligated at the close of the fiscal
    10 31 year in an amount of not more than 10 percent of the
    10 32 total licensing fees collected by the board by the
    10 33 close of the fiscal year shall not revert but shall
    10 34 remain available for expenditure for the purposes
    10 35 designated until the close of the succeeding fiscal
    10 36 year.
    10 37    Sec. 9.  EDUCATOR LICENSING REVIEW WORKING GROUP.
    10 38    1.  The board of educational examiners, in
    10 39 consultation with the department of education, shall
    10 40 convene a working group whose work shall be conducted
    10 41 over a three=year period to identify and recommend
    10 42 measures to improve Iowa's current teacher and
    10 43 administrator preparation and licensing practices.
    10 44 The working group shall review the current teacher and
    10 45 administrator preparation and licensing processes to
    10 46 identify essential standards to maintain quality
    10 47 preparation and licensing requirements for teachers
    10 48 and administrators.  The review shall also do the
    10 49 following:
    10 50    a.  Identify state laws and agency rules that are
    11  1 no longer essential to maintain quality.
    11  2    b.  Compare Iowa's teacher and administrator
    11  3 preparation and licensing practices with those of
    11  4 neighboring states, and identify those areas where
    11  5 Iowa's practices differ from, or are consistent with,
    11  6 the practices of the states neighboring Iowa.
    11  7    c.  Identify potential barriers preventing teacher
    11  8 and administrator candidates from neighboring states
    11  9 from applying for licensure in Iowa.
    11 10    d.  Review federal laws and regulations relating to
    11 11 teachers and teacher licensure in order to ensure
    11 12 compliance with federal laws and regulations,
    11 13 especially those relating to highly qualified
    11 14 teachers.
    11 15    2.  The working group shall consist of teachers,
    11 16 administrators, and representatives of the department
    11 17 of education, the state board of education, the board
    11 18 of educational examiners, and practitioner preparation
    11 19 institutions.
    11 20    3.  The working group shall annually submit its
    11 21 findings and recommendations to the chairpersons and
    11 22 ranking members of the senate and house standing
    11 23 education committees and the joint appropriations
    11 24 subcommittee on education by January 15.
    11 25    Sec. 10.  MINIMUM TEACHER SALARY REQUIREMENTS == FY
    11 26 2005=2006.
    11 27    1.  Notwithstanding section 284.7, subsection 1,
    11 28 paragraph "a", subparagraph (2), the minimum teacher
    11 29 salary paid by a school district or area education
    11 30 agency for purposes of teacher compensation in
    11 31 accordance with chapter 284, for the fiscal year
    11 32 beginning July 1, 2005, and ending June 30, 2006,
    11 33 shall be the minimum salary amount the school district
    11 34 or area education agency paid to a first=year
    11 35 beginning teacher or, the minimum salary amount the
    11 36 school district or area education agency would have
    11 37 paid a first=year beginning teacher if the school
    11 38 district or area education agency had participated in
    11 39 the program in the 2001=2002 school year, in
    11 40 accordance with section 284.7, subsection 1, Code
    11 41 Supplement 2001.  If the school district or area
    11 42 education agency did not employ a first=year beginning
    11 43 teacher in the 2001=2002 school year, the minimum
    11 44 salary is the amount that the district would have paid
    11 45 a first=year beginning teacher under chapter 284 in
    11 46 the 2001=2002 school year.
    11 47    2.  Notwithstanding section 284.7, subsection 1,
    11 48 paragraph "b", subparagraph (2), the minimum career
    11 49 teacher salary paid to a career teacher who was a
    11 50 beginning teacher in the 2004=2005 school year, by a
    12  1 school district or area education agency participating
    12  2 in the student achievement and teacher quality
    12  3 program, for the school year beginning July 1, 2005,
    12  4 and ending June 30, 2006, shall be, unless the school
    12  5 district has a minimum career teacher salary that
    12  6 exceeds thirty thousand dollars, one thousand dollars
    12  7 greater than the minimum salary amount the school
    12  8 district or area education agency paid to a first=year
    12  9 beginning teacher if the school district or area
    12 10 education agency participated in the program during
    12 11 the 2001=2002 school year, or the minimum salary
    12 12 amount the school district or area education agency
    12 13 would have paid a first=year beginning teacher if the
    12 14 school district or area education agency had
    12 15 participated in the program in the 2001=2002 school
    12 16 year, in accordance with section 284.7, subsection 1,
    12 17 Code Supplement 2001.
    12 18    3.  Notwithstanding section 284.7, subsection 1,
    12 19 paragraph "b", subparagraph (2), and except as
    12 20 provided in subsection 2, the minimum career teacher
    12 21 salary paid by a school district or area education
    12 22 agency participating in the student achievement and
    12 23 teacher quality program, for purposes of teacher
    12 24 compensation in accordance with chapter 284, for the
    12 25 school year beginning July 1, 2005, and ending June
    12 26 30, 2006, shall be the minimum salary amount the
    12 27 school district or area education agency paid to a
    12 28 career teacher if the school district or area
    12 29 education agency participated in the program during
    12 30 the 2001=2002 school year, or, the minimum salary
    12 31 amount the school district or area education agency
    12 32 would have paid a career teacher if the school
    12 33 district or area education agency had participated in
    12 34 the program in the 2001=2002 school year, in
    12 35 accordance with section 284.7, subsection 1, Code
    12 36 Supplement 2001.
    12 37                 STATE BOARD OF REGENTS
    12 38    Sec. 11.  There is appropriated from the general
    12 39 fund of the state to the state board of regents for
    12 40 the fiscal year beginning July 1, 2005, and ending
    12 41 June 30, 2006, the following amounts, or so much
    12 42 thereof as may be necessary, to be used for the
    12 43 purposes designated:
    12 44    1.  OFFICE OF STATE BOARD OF REGENTS
    12 45    a.  For salaries, support, maintenance,
    12 46 miscellaneous purposes, and for not more than the
    12 47 following full=time equivalent positions:
    12 48 .................................................. $  1,167,137
    12 49 ............................................... FTEs      16.00
    12 50    The state board of regents, the department of
    13  1 management, and the legislative services agency shall
    13  2 cooperate to determine and agree upon, by November 15,
    13  3 2005, the amount that needs to be appropriated for
    13  4 tuition replacement for the fiscal year beginning July
    13  5 1, 2006.
    13  6    The state board of regents shall submit a monthly
    13  7 financial report in a format agreed upon by the state
    13  8 board of regents office and the legislative services
    13  9 agency.
    13 10    b.  For allocation by the state board of regents to
    13 11 the state university of Iowa, the Iowa state
    13 12 university of science and technology, and the
    13 13 university of northern Iowa to reimburse the
    13 14 institutions for deficiencies in their operating funds
    13 15 resulting from the pledging of tuitions, student fees
    13 16 and charges, and institutional income to finance the
    13 17 cost of providing academic and administrative
    13 18 buildings and facilities and utility services at the
    13 19 institutions:
    13 20 .................................................. $ 13,975,431
    13 21    Notwithstanding section 8.33, funds appropriated
    13 22 for the purposes in this lettered paragraph remaining
    13 23 unencumbered or unobligated at the end of the fiscal
    13 24 year shall not revert but shall be available for
    13 25 expenditure for the purposes specified in this
    13 26 lettered paragraph during the subsequent fiscal year.
    13 27    c.  For funds to be allocated to the southwest Iowa
    13 28 graduate studies center:
    13 29 .................................................. $    105,956
    13 30    d.  For funds to be allocated to the siouxland
    13 31 interstate metropolitan planning council for the
    13 32 tristate graduate center under section 262.9,
    13 33 subsection 21:
    13 34 .................................................. $     77,941
    13 35    e.  For funds to be allocated to the quad=cities
    13 36 graduate studies center:
    13 37 .................................................. $    157,144
    13 38    f.  For funds for regents universities' general
    13 39 operating budgets:
    13 40 .................................................. $ 21,219,288
    13 41    The funds appropriated for purposes of this
    13 42 lettered paragraph are subject to the following
    13 43 allocations and requirements:
    13 44    (1)  The partnership for transformation and
    13 45 excellence is a four=year partnership plan created by
    13 46 the state board of regents for the purpose of
    13 47 enhancing the regents' strategic priorities for
    13 48 educational quality and public accountability.  Under
    13 49 the plan, Iowa students and families will be subject
    13 50 to moderate student tuition increases, and a clear and
    14  1 concise reallocation plan that may be audited will
    14  2 exist to strengthen the academic focus at the regents
    14  3 universities.  The reallocation plan will enhance the
    14  4 quality of the regents universities and provide both
    14  5 an incentive and an opportunity for university=wide
    14  6 reprioritization and reallocation of resources to the
    14  7 most important strategic areas.
    14  8    (2)  The funds shall be distributed by the board as
    14  9 outlined in the state board of regents partnership for
    14 10 transformation and excellence.  The funds may be used
    14 11 for any of the following purposes:
    14 12    (a)  Supporting new strategic initiatives.
    14 13    (b)  Meeting enrollment increases.
    14 14    (c)  Meeting the demand for new courses and
    14 15 services.
    14 16    (d)  Funding new but unavoidable or mandated cost
    14 17 increases.
    14 18    (e)  Supporting any other initiatives important to
    14 19 the core functions of the university.
    14 20    The funds may also be used for pay adjustments,
    14 21 expense reimbursements, and related benefits for state
    14 22 board of regents employees covered by a collective
    14 23 bargaining agreement and for state board of regents
    14 24 employees not covered by a collective bargaining
    14 25 agreement.  The board shall provide from other
    14 26 available sources any additional funding needed for
    14 27 such pay adjustments, expense reimbursements, and
    14 28 related benefits.
    14 29    (3)  The state board of regents shall annually set
    14 30 a target dollar amount or percentage figure of
    14 31 expected reallocation of resources for each
    14 32 university.  The universities shall report to the
    14 33 board on a semiannual basis regarding the actions
    14 34 taken relating to the reallocations.  Once funds have
    14 35 been reallocated, that amount shall not be redirected
    14 36 to the original entity or purpose unless extraordinary
    14 37 circumstances exist and an equivalent reallocation
    14 38 amount is increased for the same fiscal year.  A
    14 39 reallocation of resources may be made for any of the
    14 40 following purposes:
    14 41    (a)  Supporting new strategic initiatives.
    14 42    (b)  Meeting enrollment increases.
    14 43    (c)  Meeting the demand for new courses and
    14 44 services.
    14 45    (d)  Funding new but unavoidable or mandated cost
    14 46 increases.
    14 47    (e)  Supporting any other initiatives important to
    14 48 the core functions of the university.
    14 49    (4)  For the purposes of this lettered paragraph:
    14 50    (a)  "Entity" means a president, vice president, or
    15  1 a college, academic or nonacademic department,
    15  2 division, program, or other unit.
    15  3    (b)  "Reallocation of resources" means funds within
    15  4 the base budget of a university entity are removed by
    15  5 the administrator of that entity and redirected to
    15  6 another university entity or purpose.
    15  7    (5)  The state university of Iowa, the Iowa state
    15  8 university of science and technology, and the
    15  9 university of northern Iowa shall each generate
    15 10 matching internal reallocations in an amount equal to
    15 11 50 percent of the amounts received by the universities
    15 12 pursuant to this lettered paragraph.
    15 13    (6)  From the moneys allocated to the Iowa state
    15 14 university of science and technology pursuant to this
    15 15 lettered paragraph, an amount equal to $127,000 shall
    15 16 be distributed to the college of veterinary medicine
    15 17 to reduce the operating fees charged by the veterinary
    15 18 diagnostic laboratory.  If Iowa state university of
    15 19 science and technology fails to distribute funds to
    15 20 the college of veterinary science in accordance with
    15 21 this paragraph, the moneys shall revert to the general
    15 22 fund of the state.  The Iowa state university of
    15 23 science and technology shall prepare a report on the
    15 24 operation of the veterinary diagnostic laboratory
    15 25 which shall include, but shall not be limited to, the
    15 26 following information:
    15 27    (a)  The current business structure of the
    15 28 veterinary diagnostic laboratory, along with a
    15 29 comparison to business structures of similar
    15 30 laboratories at other institutions of higher learning.
    15 31    (b)  Recent trends in fees for services charged by
    15 32 the veterinary diagnostic laboratory and by similar
    15 33 laboratories at other institutions of higher learning.
    15 34    (c)  The use of other funding sources, including
    15 35 state general fund appropriations for the veterinary
    15 36 diagnostic laboratory and a comparison to funding
    15 37 sources at similar laboratories at other institutions
    15 38 of higher learning.
    15 39    (d)  Recommendations for changes in the business
    15 40 structure and methods of funding for the veterinary
    15 41 diagnostic laboratory.
    15 42    The report shall be submitted to the governor and
    15 43 the general assembly not later than October 1, 2005.
    15 44    g.  For funds to be distributed to the midwestern
    15 45 higher education compact to pay Iowa's member state
    15 46 annual obligation:
    15 47 .................................................. $     90,000
    15 48    2.  STATE UNIVERSITY OF IOWA
    15 49    a.  General university, including lakeside
    15 50 laboratory
    16  1    For salaries, support, maintenance, equipment,
    16  2 miscellaneous purposes, and for not more than the
    16  3 following full=time equivalent positions:
    16  4 .................................................. $220,131,572
    16  5 ............................................... FTEs   5,058.55
    16  6    It is the intent of the general assembly that the
    16  7 university continue progress on the school of public
    16  8 health and the public health initiative for the
    16  9 purposes of establishing an accredited school of
    16 10 public health and for funding an initiative for the
    16 11 health and independence of elderly Iowans.
    16 12    b.  University hospitals
    16 13    For salaries, support, maintenance, equipment, and
    16 14 miscellaneous purposes and for medical and surgical
    16 15 treatment of indigent patients as provided in chapter
    16 16 255, for medical education, and for not more than the
    16 17 following full=time equivalent positions:
    16 18 .................................................. $ 27,284,584
    16 19 ............................................... FTEs   6,877.34
    16 20    (1)  The university of Iowa hospitals and clinics
    16 21 shall, within the context of chapter 255 and when
    16 22 medically appropriate, make reasonable efforts to
    16 23 extend the university of Iowa hospitals and clinics'
    16 24 use of home telemedicine and other technologies to
    16 25 reduce the frequency of visits to the hospital
    16 26 required by the indigent patients.
    16 27    (2)  The university of Iowa hospitals and clinics
    16 28 shall submit quarterly a report regarding the portion
    16 29 of the appropriation in this lettered paragraph
    16 30 expended on medical education.  The report shall be
    16 31 submitted in a format jointly developed by the
    16 32 university of Iowa hospitals and clinics, the
    16 33 legislative services agency, and the department of
    16 34 management, and shall delineate the expenditures and
    16 35 purposes of the funds.
    16 36    (3)  Funds appropriated in this lettered paragraph
    16 37 shall not be used to perform abortions except
    16 38 medically necessary abortions, and shall not be used
    16 39 to operate the early termination of pregnancy clinic
    16 40 except for the performance of medically necessary
    16 41 abortions.  For the purpose of this lettered
    16 42 paragraph, an abortion is the purposeful interruption
    16 43 of pregnancy with the intention other than to produce
    16 44 a live=born infant or to remove a dead fetus, and a
    16 45 medically necessary abortion is one performed under
    16 46 one of the following conditions:
    16 47    (a)  The attending physician certifies that
    16 48 continuing the pregnancy would endanger the life of
    16 49 the pregnant woman.
    16 50    (b)  The attending physician certifies that the
    17  1 fetus is physically deformed, mentally deficient, or
    17  2 afflicted with a congenital illness.
    17  3    (c)  The pregnancy is the result of a rape which is
    17  4 reported within 45 days of the incident to a law
    17  5 enforcement agency or public or private health agency
    17  6 which may include a family physician.
    17  7    (d)  The pregnancy is the result of incest which is
    17  8 reported within 150 days of the incident to a law
    17  9 enforcement agency or public or private health agency
    17 10 which may include a family physician.
    17 11    (e)  The abortion is a spontaneous abortion,
    17 12 commonly known as a miscarriage, wherein not all of
    17 13 the products of conception are expelled.
    17 14    (4)  The total quota allocated to the counties for
    17 15 indigent patients for the fiscal year beginning July
    17 16 1, 2005, shall not be lower than the total quota
    17 17 allocated to the counties for the fiscal year
    17 18 commencing July 1, 1998.  The total quota shall be
    17 19 allocated among the counties on the basis of the 2000
    17 20 census pursuant to section 255.16.
    17 21    c.  Psychiatric hospital
    17 22    For salaries, support, maintenance, equipment,
    17 23 miscellaneous purposes, and for the care, treatment,
    17 24 and maintenance of committed and voluntary public
    17 25 patients, and for not more than the following full=
    17 26 time equivalent positions:
    17 27 .................................................. $  7,043,056
    17 28 ............................................... FTEs     269.65
    17 29    d.  Center for disabilities and development
    17 30    For salaries, support, maintenance, miscellaneous
    17 31 purposes, and for not more than the following full=
    17 32 time equivalent positions:
    17 33 .................................................. $  6,363,265
    17 34 ............................................... FTEs     130.37
    17 35    From the funds appropriated in this lettered
    17 36 paragraph, $200,000 shall be allocated for purposes of
    17 37 the employment policy group.
    17 38    e.  Oakdale campus
    17 39    For salaries, support, maintenance, miscellaneous
    17 40 purposes, and for not more than the following full=
    17 41 time equivalent positions:
    17 42 .................................................. $  2,657,335
    17 43 ............................................... FTEs      38.25
    17 44    f.  State hygienic laboratory
    17 45    For salaries, support, maintenance, miscellaneous
    17 46 purposes, and for not more than the following full=
    17 47 time equivalent positions:
    17 48 .................................................. $  3,849,461
    17 49 ............................................... FTEs     102.50
    17 50    g.  Family practice program
    18  1    For allocation by the dean of the college of
    18  2 medicine, with approval of the advisory board, to
    18  3 qualified participants, to carry out chapter 148D for
    18  4 the family practice program, including salaries and
    18  5 support, and for not more than the following full=time
    18  6 equivalent positions:
    18  7 .................................................. $  2,075,948
    18  8 ............................................... FTEs     190.40
    18  9    h.  Child health care services
    18 10    For specialized child health care services,
    18 11 including childhood cancer diagnostic and treatment
    18 12 network programs, rural comprehensive care for
    18 13 hemophilia patients, and the Iowa high=risk infant
    18 14 follow=up program, including salaries and support, and
    18 15 for not more than the following full=time equivalent
    18 16 positions:
    18 17 .................................................. $    649,066
    18 18 ............................................... FTEs      57.97
    18 19    i.  Statewide cancer registry
    18 20    For the statewide cancer registry, and for not more
    18 21 than the following full=time equivalent positions:
    18 22 .................................................. $    178,739
    18 23 ............................................... FTEs       2.10
    18 24    j.  Substance abuse consortium
    18 25    For funds to be allocated to the Iowa consortium
    18 26 for substance abuse research and evaluation, and for
    18 27 not more than the following full=time equivalent
    18 28 position:
    18 29 .................................................. $     64,871
    18 30 ............................................... FTEs       1.00
    18 31    k.  Center for biocatalysis
    18 32    For the center for biocatalysis, and for not more
    18 33 than the following full=time equivalent positions:
    18 34 .................................................. $    881,384
    18 35 ............................................... FTEs       6.28
    18 36    l.  Primary health care initiative
    18 37    For the primary health care initiative in the
    18 38 college of medicine and for not more than the
    18 39 following full=time equivalent positions:
    18 40 .................................................. $    759,875
    18 41 ............................................... FTEs       5.89
    18 42    From the funds appropriated in this lettered
    18 43 paragraph, $330,000 shall be allocated to the
    18 44 department of family practice at the state university
    18 45 of Iowa college of medicine for family practice
    18 46 faculty and support staff.
    18 47    m.  Birth defects registry
    18 48    For the birth defects registry and for not more
    18 49 than the following full=time equivalent position:
    18 50 .................................................. $     44,636
    19  1 ............................................... FTEs       1.00
    19  2    3.  IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY
    19  3    a.  General university
    19  4    For salaries, support, maintenance, equipment,
    19  5 miscellaneous purposes, and for not more than the
    19  6 following full=time equivalent positions:
    19  7 .................................................. $173,269,729
    19  8 ............................................... FTEs   3,647.42
    19  9    It is the intent of the general assembly that the
    19 10 university continue progress on the center for
    19 11 excellence in fundamental plant sciences.
    19 12    b.  Agricultural experiment station
    19 13    For salaries, support, maintenance, miscellaneous
    19 14 purposes, and for not more than the following full=
    19 15 time equivalent positions:
    19 16 .................................................. $ 31,019,520
    19 17 ............................................... FTEs     546.98
    19 18    c.  Cooperative extension service in agriculture
    19 19 and home economics
    19 20    For salaries, support, maintenance, miscellaneous
    19 21 purposes, and for not more than the following full=
    19 22 time equivalent positions:
    19 23 .................................................. $ 19,738,432
    19 24 ............................................... FTEs     383.34
    19 25    d.  Leopold center
    19 26    For agricultural research grants at Iowa state
    19 27 university under section 266.39B, and for not more
    19 28 than the following full=time equivalent positions:
    19 29 .................................................. $    464,319
    19 30 ............................................... FTEs      11.25
    19 31    e.  Livestock disease research
    19 32    For deposit in and the use of the livestock disease
    19 33 research fund under section 267.8:
    19 34 .................................................. $    220,708
    19 35    4.  UNIVERSITY OF NORTHERN IOWA
    19 36    a.  General university
    19 37    For salaries, support, maintenance, equipment,
    19 38 miscellaneous purposes, and for not more than the
    19 39 following full=time equivalent positions:
    19 40 .................................................. $ 77,831,821
    19 41 ............................................... FTEs   1,398.01
    19 42    It is the intent of the general assembly that the
    19 43 university continue to allocate funds for a masters in
    19 44 social work program, the roadside vegetation project,
    19 45 and the Iowa office for staff development.
    19 46    b.  Recycling and reuse center
    19 47    For purposes of the recycling and reuse center, and
    19 48 for not more than the following full=time equivalent
    19 49 positions:
    19 50 .................................................. $    211,858
    20  1 ............................................... FTEs       3.00
    20  2    5.  STATE SCHOOL FOR THE DEAF
    20  3    For salaries, support, maintenance, miscellaneous
    20  4 purposes, and for not more than the following full=
    20  5 time equivalent positions:
    20  6 .................................................. $  8,810,471
    20  7 ............................................... FTEs     126.60
    20  8    6.  IOWA BRAILLE AND SIGHT SAVING SCHOOL
    20  9    For salaries, support, maintenance, miscellaneous
    20 10 purposes, and for not more than the following full=
    20 11 time equivalent positions:
    20 12 .................................................. $  4,930,295
    20 13 ............................................... FTEs      81.00
    20 14    7.  TUITION AND TRANSPORTATION COSTS
    20 15    For payment to local school boards for the tuition
    20 16 and transportation costs of students residing in the
    20 17 Iowa braille and sight saving school and the state
    20 18 school for the deaf pursuant to section 262.43 and for
    20 19 payment of certain clothing, prescription, and
    20 20 transportation costs for students at these schools
    20 21 pursuant to section 270.5:
    20 22 .................................................. $     15,020
    20 23    Sec. 12.  INSTITUTE FOR TOMORROW'S WORKFORCE.
    20 24 There is appropriated from the general fund of the
    20 25 state to the department of management for allocation
    20 26 to the institute for tomorrow's workforce created
    20 27 under chapter 7K, if enacted by this Act, for the
    20 28 fiscal year beginning July 1, 2005, and ending June
    20 29 30, 2006, the following amount, or so much thereof as
    20 30 is necessary, to be used for the purposes designated:
    20 31    For the activities of the institute created
    20 32 pursuant to section 7K.1, and subject to the matching
    20 33 fund requirement of that section, if enacted:
    20 34 .................................................. $    250,000
    20 35    Sec. 13.  MEDICAL ASSISTANCE == SUPPLEMENTAL
    20 36 AMOUNTS.  For the fiscal year beginning July 1, 2005,
    20 37 and ending June 30, 2006, the department of human
    20 38 services shall continue the supplemental
    20 39 disproportionate share and a supplemental indirect
    20 40 medical education adjustment applicable to state=
    20 41 owned acute care hospitals with more than 500 beds and
    20 42 shall reimburse qualifying hospitals pursuant to that
    20 43 adjustment with a supplemental amount for services
    20 44 provided medical assistance recipients.  The
    20 45 adjustment shall generate supplemental payments
    20 46 intended to equal the state appropriation made to a
    20 47 qualifying hospital for treatment of indigent patients
    20 48 as provided in chapter 255.  To the extent of the
    20 49 supplemental payments, a qualifying hospital shall,
    20 50 after receipt of the funds, transfer to the department
    21  1 of human services an amount equal to the actual
    21  2 supplemental payments that were made in that month.
    21  3 The aggregate amounts for the fiscal year shall not
    21  4 exceed the state appropriation made to the qualifying
    21  5 hospital for treatment of indigent patients as
    21  6 provided in chapter 255.  The department of human
    21  7 services shall deposit these funds in the department's
    21  8 medical assistance account.  To the extent that state
    21  9 funds appropriated to a qualifying hospital for the
    21 10 treatment of indigent patients as provided in chapter
    21 11 255 have been transferred to the department of human
    21 12 services as a result of these supplemental payments
    21 13 made to the qualifying hospital, the department shall
    21 14 not, directly or indirectly, recoup the supplemental
    21 15 payments made to a qualifying hospital for any reason,
    21 16 unless an equivalent amount of the funds transferred
    21 17 to the department of human services by a qualifying
    21 18 hospital pursuant to this provision is transferred to
    21 19 the qualifying hospital by the department.
    21 20    If the state supplemental amount allotted to the
    21 21 state of Iowa for the federal fiscal year beginning
    21 22 October 1, 2005, and ending September 30, 2006,
    21 23 pursuant to section 1923(f)(3) of the federal Social
    21 24 Security Act, as amended, or pursuant to federal
    21 25 payments for indirect medical education is greater
    21 26 than the amount necessary to fund the federal share of
    21 27 the supplemental payments specified in the preceding
    21 28 paragraph, the department of human services shall
    21 29 increase the supplemental disproportionate share or
    21 30 supplemental indirect medical education adjustment by
    21 31 the lesser of the amount necessary to utilize fully
    21 32 the state supplemental amount or the amount of state
    21 33 funds appropriated to the state university of Iowa
    21 34 general education fund and allocated to the university
    21 35 for the college of medicine.  The state university of
    21 36 Iowa shall transfer from the allocation for the
    21 37 college of medicine to the department of human
    21 38 services, on a monthly basis, an amount equal to the
    21 39 additional supplemental payments made during the
    21 40 previous month pursuant to this paragraph.  A
    21 41 qualifying hospital receiving supplemental payments
    21 42 pursuant to this paragraph that are greater than the
    21 43 state appropriation made to the qualifying hospital
    21 44 for treatment of indigent patients as provided in
    21 45 chapter 255 shall be obligated as a condition of its
    21 46 participation in the medical assistance program to
    21 47 transfer to the state university of Iowa general
    21 48 education fund on a monthly basis an amount equal to
    21 49 the funds transferred by the state university of Iowa
    21 50 to the department of human services.  To the extent
    22  1 that state funds appropriated to the state university
    22  2 of Iowa and allocated to the college of medicine have
    22  3 been transferred to the department of human services
    22  4 as a result of these supplemental payments made to the
    22  5 qualifying hospital, the department shall not,
    22  6 directly or indirectly, recoup these supplemental
    22  7 payments made to a qualifying hospital for any reason,
    22  8 unless an equivalent amount of the funds transferred
    22  9 to the department of human services by the state
    22 10 university of Iowa pursuant to this paragraph is
    22 11 transferred to the qualifying hospital by the
    22 12 department.
    22 13    Continuation of the supplemental disproportionate
    22 14 share and supplemental indirect medical education
    22 15 adjustment shall preserve the funds available to the
    22 16 university hospital for medical and surgical treatment
    22 17 of indigent patients as provided in chapter 255 and to
    22 18 the state university of Iowa for educational purposes
    22 19 at the same level as provided by the state funds
    22 20 initially appropriated for that purpose.
    22 21    The department of human services shall, in any
    22 22 compilation of data or other report distributed to the
    22 23 public concerning payments to providers under the
    22 24 medical assistance program, set forth reimbursements
    22 25 to a qualifying hospital through the supplemental
    22 26 disproportionate share and supplemental indirect
    22 27 medical education adjustment as a separate item and
    22 28 shall not include such payments in the amounts
    22 29 otherwise reported as the reimbursement to a
    22 30 qualifying hospital for services to medical assistance
    22 31 recipients.
    22 32    For purposes of this section, "supplemental
    22 33 payment" means a supplemental payment amount paid for
    22 34 medical assistance to a hospital qualifying for that
    22 35 payment under this section.
    22 36    Sec. 14.  For the fiscal year beginning July 1,
    22 37 2005, and ending June 30, 2006, the state board of
    22 38 regents may use notes, bonds, or other evidences of
    22 39 indebtedness issued under section 262.48 to finance
    22 40 projects that will result in energy cost savings in an
    22 41 amount that will cause the state board to recover the
    22 42 cost of the projects within an average of six years.
    22 43    Sec. 15.  Notwithstanding section 270.7, the
    22 44 department of administrative services shall pay the
    22 45 state school for the deaf and the Iowa braille and
    22 46 sight saving school the moneys collected from the
    22 47 counties during the fiscal year beginning July 1,
    22 48 2005, for expenses relating to prescription drug costs
    22 49 for students attending the state school for the deaf
    22 50 and the Iowa braille and sight saving school.
    23  1    Sec. 16.  NEW SECTION.  7K.1  INSTITUTE FOR
    23  2 TOMORROW'S WORKFORCE.
    23  3    1.  FINDINGS.  The general assembly finds that
    23  4 Iowa's children are this state's greatest asset and to
    23  5 improve the future for Iowa's children, it is
    23  6 necessary to focus elementary, secondary, and
    23  7 postsecondary education efforts on what children need
    23  8 to know to be successful students and successful
    23  9 participants in Iowa's global workforce.  Iowa's state
    23 10 community and business leaders are at the forefront of
    23 11 this ongoing conversation.  The general assembly
    23 12 further finds that the creation of an institute for
    23 13 tomorrow's workforce provides a long=term forum for
    23 14 bold, innovative recommendations to improve Iowa's
    23 15 education system to meet the workforce needs of Iowa's
    23 16 new economy.
    23 17    2.  FOUNDATION CREATED == DUTIES.  There is created
    23 18 a public body corporate and politic to be known as the
    23 19 "institute for tomorrow's workforce, an educational
    23 20 foundation".  The foundation is an independent
    23 21 nonprofit quasi=public instrumentality and the
    23 22 exercise of the powers granted to the foundation as a
    23 23 corporation in this chapter is an essential government
    23 24 function.  As used in this chapter, "foundation" means
    23 25 the "institute for tomorrow's workforce, an
    23 26 educational foundation".  The foundation shall, at a
    23 27 minimum, do the following:
    23 28    a.  Review educational standards to determine
    23 29 relevance and rigor necessary for continuous
    23 30 improvement in student achievement and meeting
    23 31 workforce needs.
    23 32    b.  Identify jobs skills and corresponding high
    23 33 school coursework necessary to achieve success in the
    23 34 Iowa workforce.
    23 35    c.  Review the state's education accountability
    23 36 measures, including but not limited to student
    23 37 proficiency and individual and organization program
    23 38 accountability.
    23 39    d.  Identify state and local barriers to improved
    23 40 student achievement and student success as well as
    23 41 barriers to sharing among and within all areas of
    23 42 Iowa's education system.
    23 43    e.  Identify effective education structure and
    23 44 delivery models that promote optimum student
    23 45 achievement opportunities for all Iowa students that
    23 46 include, but are not limited to, the role of
    23 47 technology.
    23 48    f.  Serve as a clearinghouse for existing and
    23 49 emerging innovative educational sharing and
    23 50 collaborative efforts among and between Iowa's
    24  1 secondary education system as well as Iowa's
    24  2 postsecondary education system.
    24  3    g.  Promote partnerships between private sector
    24  4 business and all areas of Iowa's education system.
    24  5    h.  Promote partnerships between other Iowa
    24  6 governance structures including, but not limited to,
    24  7 cities and counties, and all areas of Iowa's education
    24  8 system.
    24  9    i.  Identify ways to reduce the achievement gap
    24 10 between white and non=white, non=Asian students.
    24 11    j.  The board of directors of the foundation,
    24 12 within the limits of the funds available to the
    24 13 foundation, shall do the following:
    24 14    (1)  Employ an executive director to direct the
    24 15 activities of the foundation.
    24 16    (2)  Execute contracts with public and private
    24 17 agencies to conduct research and development
    24 18 activities.
    24 19    (3)  Perform functions necessary to carry out the
    24 20 purposes of the foundation.
    24 21    3.  MEMBERSHIP.  The board of directors of the
    24 22 foundation shall consist of fifteen members serving
    24 23 staggered three=year terms beginning on May 1 of the
    24 24 year of appointment who shall be appointed as follows:
    24 25    a.  Five members shall be appointed by the governor
    24 26 as follows:
    24 27    (1)  A school district superintendent from a school
    24 28 district with enrollment of one thousand one hundred
    24 29 forty=nine or fewer pupils.
    24 30    (2)  An individual representing an Iowa business
    24 31 employing more than two hundred fifty employees.
    24 32    (3)  A community college president.
    24 33    (4)  An individual representing labor and workforce
    24 34 interests.
    24 35    (5)  An individual representing an Iowa agriculture
    24 36 association.
    24 37    b.  Five members shall be appointed by the speaker
    24 38 of the house of representatives as follows:
    24 39    (1)  An individual representing the area education
    24 40 agencies.
    24 41    (2)  The president of an accredited private
    24 42 institution as defined in section 261.9.
    24 43    (3)  An individual representing an Iowa business
    24 44 employing more than fifty employees but less than two
    24 45 hundred fifty employees.
    24 46    (4)  An individual representing urban economic
    24 47 development interests.
    24 48    (5)  An individual from an association representing
    24 49 Iowa businesses.
    24 50    c.  Five members shall be appointed by the
    25  1 president of the senate as follows:
    25  2    (1)  A school district superintendent from a school
    25  3 district with an enrollment of more than one thousand
    25  4 one hundred forty=nine pupils.
    25  5    (2)  A president of an institution of higher
    25  6 education under the control of the state board of
    25  7 regents.
    25  8    (3)  An individual representing an Iowa business
    25  9 employing fifty or fewer employees.
    25 10    (4)  An individual representing rural economic
    25 11 development interests.
    25 12    (5)  An individual representing a business that
    25 13 established itself in Iowa on or after July 1, 1999.
    25 14    Members, except as provided in paragraph "c",
    25 15 subparagraph (2), shall not be employed by the state.
    25 16 One co=chairperson shall be appointed by the speaker
    25 17 of the house of representatives and one co=chairperson
    25 18 shall be appointed by the president of the senate.
    25 19    4.  MATCHING FUNDS REQUIREMENT.  Moneys
    25 20 appropriated by the general assembly for purposes of
    25 21 the foundation shall be allocated only to the extent
    25 22 that the state moneys are matched from other sources
    25 23 by the foundation on a dollar=for=dollar basis.
    25 24    5.  REPORTING REQUIREMENTS.  The foundation shall
    25 25 submit its findings and recommendations by January 15
    25 26 annually in a report to the governor, the speaker of
    25 27 the house of representatives, the president of the
    25 28 senate, the state board of education, the state board
    25 29 of regents, the department of workforce development,
    25 30 the department of economic development, the Iowa
    25 31 association of community college trustees, the college
    25 32 student aid commission, the Iowa association of
    25 33 independent colleges and universities, and
    25 34 associations representing school boards, nonpublic
    25 35 schools, area education agencies, and teachers.  The
    25 36 report shall include an accounting of the revenues and
    25 37 expenditures of the foundation.
    25 38    6.  This chapter is repealed effective July 1,
    25 39 2015.
    25 40    Sec. 17.  Section 256.9, Code 2005, is amended by
    25 41 adding the following new subsection:
    25 42    NEW SUBSECTION.  53.  Develop and make available to
    25 43 school districts, examples of age=appropriate
    25 44 materials and lists of resources which parents may use
    25 45 to teach their children to recognize unwanted physical
    25 46 and verbal sexual advances, to not make unwanted
    25 47 physical and verbal sexual advances, to effectively
    25 48 reject unwanted sexual advances, that it is wrong to
    25 49 take advantage of or exploit another person, and about
    25 50 counseling, medical, and legal resources available to
    26  1 survivors of sexual abuse and sexual assault,
    26  2 including resources for escaping violent
    26  3 relationships.  The materials and resources shall
    26  4 cover verbal, physical, and visual sexual harassment,
    26  5 including nonconsensual sexual advances, and
    26  6 nonconsensual physical sexual contact.  In developing
    26  7 the materials and resource list, the director shall
    26  8 consult with entities that shall include, but not be
    26  9 limited to, the departments of human services, public
    26 10 health, and public safety, education stakeholders, and
    26 11 parent=teacher organizations.  School districts shall
    26 12 provide age=appropriate materials and a list of
    26 13 available community and web=based resources to parents
    26 14 at registration and shall also include the age=
    26 15 appropriate materials and resource list in the student
    26 16 handbook.  School districts are encouraged to work
    26 17 with their communities to provide voluntary parent
    26 18 education sessions to provide parents with the skills
    26 19 and appropriate strategies to teach their children as
    26 20 described in this subsection.  School districts shall
    26 21 incorporate the age=appropriate materials into
    26 22 relevant curricula and shall reinforce the importance
    26 23 of preventive measures when reasonable with parents
    26 24 and students.
    26 25    Sec. 18.  NEW SECTION.  256.24  VALUE=ADDED
    26 26 ASSESSMENT SYSTEM.
    26 27    1.  A value=added assessment system shall be
    26 28 established by the department to provide for
    26 29 multivariate longitudinal analysis of annual student
    26 30 test scores to determine the influence of a school
    26 31 district's educational program on student academic
    26 32 growth and to guide school district improvement
    26 33 efforts.  The department shall select a value=added
    26 34 assessment system provider through a request for
    26 35 proposals process.  The system provider selected by
    26 36 the department shall offer a value=added assessment
    26 37 system to calculate annually the academic growth of
    26 38 each student enrolled in grade levels three through
    26 39 eleven and tested in accordance with this section, and
    26 40 shall, at a minimum, meet all of the following
    26 41 criteria:
    26 42    a.  Use a mixed=model statistical analysis that has
    26 43 the ability to use all achievement test data for each
    26 44 student, including the data for students with missing
    26 45 test scores, that does not adjust downward
    26 46 expectations for student progress based on race,
    26 47 poverty, or gender, and that will provide the best
    26 48 linear unbiased predictions of school or other
    26 49 educational entity effects to minimize the impact of
    26 50 fortuitous accumulation of random errors.
    27  1    b.  Have the ability to work with test data from a
    27  2 variety of sources, including data that are not
    27  3 vertically scaled, and to provide support for school
    27  4 districts utilizing the system.
    27  5    c.  Have the capacity to receive and report results
    27  6 electronically and provide support for districts
    27  7 utilizing the system.
    27  8    d.  Have the ability to create for each school
    27  9 district a chart that reports grade=equivalent scores
    27 10 for grades three through eight and gains between
    27 11 consecutive pairs of grades for each attendance center
    27 12 and that provides for a district=wide study of grade=
    27 13 equivalent scores.
    27 14    2.  Annually, each school district that administers
    27 15 the Iowa test of basic skills or the Iowa test of
    27 16 educational development shall, within thirty days of
    27 17 receiving the test scores from the American college
    27 18 testing program, inc., submit the test scores for each
    27 19 attendance center within the school district and each
    27 20 grade level tested, from grades three through eleven,
    27 21 to the system provider selected pursuant to subsection
    27 22 1.  School districts may submit additional assessment
    27 23 data for analysis and inclusion in reports provided to
    27 24 school districts pursuant to subsection 3, to the
    27 25 extent that the assessment meets the criteria for
    27 26 valid academic progress interpretation specified by
    27 27 the system provider.
    27 28    3.  The system provider shall provide analysis to
    27 29 school districts submitting test scores pursuant to
    27 30 subsection 2, and to the department of education.  The
    27 31 analysis shall include, but not be limited to,
    27 32 attendance=center=level test results for the Iowa test
    27 33 of basic skills in the areas of reading and
    27 34 mathematics and other core academic areas when
    27 35 possible.  The analysis shall also include, but not be
    27 36 limited to, the number of students tested, the number
    27 37 of test results used to compute the averages, the
    27 38 average standard score, the corresponding grade
    27 39 equivalent score, the average stanine score for the
    27 40 group, the normal curve equivalent of average standard
    27 41 scores, and percentile ranks based on student norms,
    27 42 as well as measures of student progress.  The system
    27 43 provider shall create a chart for each school district
    27 44 in accordance with the criteria set forth in
    27 45 subsection 1, paragraphs "a" through "d".
    27 46    4.  Each school district shall have complete access
    27 47 to and full utilization of its own value=added
    27 48 assessment reports and charts generated by the system
    27 49 provider at the student level for the purpose of
    27 50 measuring student achievement at different educational
    28  1 entity levels.
    28  2    5.  Student academic growth determined pursuant to
    28  3 this section shall not be used in teacher evaluation
    28  4 and shall not be published if individual teacher
    28  5 effects can be surmised.
    28  6    6.  Information about student academic growth may
    28  7 be used by the school district, including school board
    28  8 members, administration, and staff, for defining
    28  9 student and district learning goals and professional
    28 10 development related to student learning goals across
    28 11 the school district.  A school district may submit its
    28 12 academic growth measures in the annual report
    28 13 submitted pursuant to section 256.7, subsection 21,
    28 14 and may reference in the report state level norms for
    28 15 purposes of demonstrating school district performance.
    28 16 However, unless a school district chooses to submit
    28 17 its academic measures in the annual report submitted
    28 18 pursuant to section 256.7, such measures are not
    28 19 public records for the purposes of chapter 22.
    28 20    7.  The department may use student academic
    28 21 progress data to determine school improvement and
    28 22 technical assistance needs of school districts, and to
    28 23 identify school districts achieving exceptional gains.
    28 24 Beginning January 15, 2006, and by January 15 of each
    28 25 succeeding year, the department shall submit an annual
    28 26 progress report regarding the use of student academic
    28 27 growth information in the school improvement processes
    28 28 to the house and senate education committees and shall
    28 29 publish the progress report on its internet web site.
    28 30    8.  The department is encouraged to advocate that
    28 31 the United States department of education allow
    28 32 reporting of student academic progress as an
    28 33 additional valid measure of school performance, as an
    28 34 alternative for meeting federal safe harbor
    28 35 provisions, and for establishing statewide progress
    28 36 under the federal No Child Left Behind Act of 2001,
    28 37 Pub. L.  No. 107=110, and any federal regulations
    28 38 adopted pursuant to the federal Act.
    28 39    9.  A school district shall use the value=added
    28 40 assessment system established by the department
    28 41 pursuant to subsection 1 not later than the school
    28 42 year ending June 30, 2007.  However, the director of
    28 43 educational services of an area education agency may
    28 44 grant a request made by a board of directors of a
    28 45 school district located within the boundaries of the
    28 46 area education agency stating its desire to use an
    28 47 alternative system to compute and report value=added
    28 48 scores that is statistically valid and reliable.
    28 49    Sec. 19.  Section 256.44, subsection 1, paragraph
    28 50 a, Code 2005, is amended to read as follows:
    29  1    a.  If a teacher registers for national board for
    29  2 professional teaching standards certification prior to
    29  3 June 30, 2005 2006, a one=time initial reimbursement
    29  4 award in the amount of up to one=half of the
    29  5 registration fee paid by the teacher for registration
    29  6 for certification by the national board for
    29  7 professional teaching standards.  The teacher shall
    29  8 apply to the department of education within one year
    29  9 of registration, submitting to the department any
    29 10 documentation the department requires.  A teacher who
    29 11 receives an initial reimbursement award shall receive
    29 12 a one=time final registration award in the amount of
    29 13 the remaining national board registration fee paid by
    29 14 the teacher if the teacher notifies the department of
    29 15 the teacher's certification achievement and submits
    29 16 any documentation requested by the department.
    29 17    Sec. 20.  Section 256.44, subsection 1, paragraph
    29 18 b, subparagraph 2, Code 2005, is amended to read as
    29 19 follows:
    29 20    (2)  If the teacher registers for national board
    29 21 for professional teaching standards certification
    29 22 between January 1, 1999, and January 1, 2005 2006, and
    29 23 achieves certification within three years from the
    29 24 date of initial score notification, an annual award in
    29 25 the amount of two thousand five hundred dollars upon
    29 26 achieving certification by the national board of
    29 27 professional teaching standards.
    29 28    Sec. 21.  Section 257B.1B, subsection 1, Code 2005,
    29 29 is amended to read as follows:
    29 30    1.  Fifty=five For the fiscal year beginning July
    29 31 1, 2004, and each succeeding fiscal year, fifty=five
    29 32 percent of the moneys deposited in the fund to the
    29 33 department of education for allocation to the Iowa
    29 34 reading recovery center council to assist school
    29 35 districts in developing reading recovery and literacy
    29 36 programs.  The Iowa reading recovery council shall use
    29 37 the area education agency unified budget as its fiscal
    29 38 agent for grant moneys and for other moneys
    29 39 administered by the council.
    29 40    Sec. 22.  Section 260C.2, Code 2005, is amended by
    29 41 adding the following new subsection:
    29 42    NEW SUBSECTION.  1A.  "Department" means the
    29 43 department of education.
    29 44    Sec. 23.  NEW SECTION.  260C.18C  STATE AID
    29 45 DISTRIBUTION FORMULA.
    29 46    1.  PURPOSE.  A distribution plan for general state
    29 47 financial aid to Iowa's community colleges is
    29 48 established for the fiscal year commencing July 1,
    29 49 2005, and succeeding fiscal years.  Funds appropriated
    29 50 by the general assembly to the department for general
    30  1 financial aid to community colleges shall be allocated
    30  2 to each community college in the manner provided under
    30  3 this section.
    30  4    2.  DEFINITIONS.  As used in this section, unless
    30  5 the context otherwise requires:
    30  6    a.  "Base funding allocation" means the amount of
    30  7 general state financial aid all community colleges
    30  8 received in the base year.
    30  9    b.  "Base year" means the fiscal year immediately
    30 10 preceding the budget year.
    30 11    c.  "Below=average support per FTEE" for a
    30 12 community college means the state=average combined
    30 13 support per FTEE minus the combined support per FTEE
    30 14 for the community college if the community college's
    30 15 combined support per FTEE is less than the state=
    30 16 average combined support per FTEE.
    30 17    d.  "Budget year" means the fiscal year for which
    30 18 moneys are appropriated by the general assembly.
    30 19    e.  "Combined support" for a community college
    30 20 means the total amount of moneys the community college
    30 21 received in general state financial aid in the base
    30 22 year plus the community college's general fund
    30 23 property tax revenue, including utility replacement,
    30 24 for the base year.
    30 25    f.  "Combined support per FTEE" for a community
    30 26 college means the community college's combined support
    30 27 divided by its three=year rolling average full=time
    30 28 equivalent enrollment for the three years prior to the
    30 29 base year.
    30 30    g.  "Contact hour" for a noncredit course equals
    30 31 fifty minutes of contact between an instructor and
    30 32 students in a scheduled course offering for which
    30 33 students are registered.
    30 34    h.  "Credit hour", for purposes of community
    30 35 college funding distribution, shall be as defined by
    30 36 the department by rule.
    30 37    i.  "Eligible credit courses" means all credit
    30 38 courses that are eligible for general state financial
    30 39 aid which are part of a department=approved program of
    30 40 study.  The department shall review and provide a
    30 41 determination should a question of eligibility occur.
    30 42    j.  "Eligible growth support" for a community
    30 43 college is the community college's below=average
    30 44 support per FTEE multiplied times its three=year
    30 45 rolling average full=time equivalent enrollment.
    30 46    k.  "Eligible noncredit courses" means all
    30 47 noncredit courses eligible for general state financial
    30 48 aid which fall under one of the eligible categories
    30 49 for noncredit courses as defined by rule of the
    30 50 department.  The department shall review and provide a
    31  1 determination should a question of eligibility occur.
    31  2    l.  "Eligible student" means a student enrolled in
    31  3 eligible credit or eligible noncredit courses.  The
    31  4 department shall review and provide a determination
    31  5 should a question of eligibility occur.
    31  6    m.  "Fiscal year" means the period of twelve months
    31  7 beginning on July 1 and ending on June 30.
    31  8    n.  One "full=time equivalent enrollment (FTEE)"
    31  9 equals twenty=four credit hours for credit courses or
    31 10 six hundred contact hours for noncredit courses
    31 11 generated by all eligible students enrolled in
    31 12 eligible courses.
    31 13    o.  "General fund property tax revenue" means the
    31 14 amount of moneys a community college raised or could
    31 15 have raised from a property tax of twenty and one=
    31 16 fourth cents per thousand dollars of assessed
    31 17 valuation on all taxable property in its merged area
    31 18 collected for the base year.
    31 19    p.  "General state financial aid" means the amount
    31 20 of general state financial aid the community college
    31 21 received from the general fund.
    31 22    q.  "Inflation adjustment amount" means the
    31 23 inflation rate minus two percentage points multiplied
    31 24 times the base funding allocation.  The inflation
    31 25 adjustment amount shall not be less than zero.
    31 26    r.  "Inflation rate" means the average of the
    31 27 preceding twelve=month percentage change, which shall
    31 28 be computed on a monthly basis, in the consumer price
    31 29 index for all urban consumers, not seasonally
    31 30 adjusted, published by the United States department of
    31 31 labor, bureau of labor statistics, calculated for the
    31 32 calendar year ending six months after the beginning of
    31 33 the base year.
    31 34    s.  "State=average combined support per FTEE" means
    31 35 the average of the combined support per FTEE for all
    31 36 community colleges in the state in the base year.
    31 37    t.  "Three=year rolling average full=time
    31 38 equivalent enrollment" means the average of the
    31 39 audited full=time equivalent enrollment for a
    31 40 community college over the three fiscal years prior to
    31 41 the base year as determined by the department.
    31 42    u.  "Total growth support amount" means the sum of
    31 43 the eligible growth support for all the community
    31 44 colleges.
    31 45    3.  DISTRIBUTION FORMULA.  Moneys appropriated by
    31 46 the general assembly from the general fund to the
    31 47 department for community college purposes for general
    31 48 state financial aid for a budget year shall be
    31 49 allocated to each community college by the department
    31 50 as follows:
    32  1    a.  If the inflation rate is equal to two percent
    32  2 or less:
    32  3    (1)  BASE FUNDING ALLOCATION.  The moneys shall
    32  4 first be allocated in the amount of general state
    32  5 financial aid each community college received in the
    32  6 base year.  If the appropriation is less than the
    32  7 total of the amount of general state financial aid
    32  8 each community college received in the base year, the
    32  9 moneys shall be allocated in the same proportion as
    32 10 the allocation of general state financial aid each
    32 11 community college received in the base year.
    32 12    (2)  MARGINAL COST ADJUSTMENT.  After the base
    32 13 funding has been allocated, each community college
    32 14 shall be allocated up to an additional two percent of
    32 15 its base funding allocation.  The community college's
    32 16 allocation shall be in the same proportion as the
    32 17 allocation of general state financial aid each
    32 18 community college received in the base year.
    32 19    (3)  THREE=YEAR ROLLING AVERAGE OF FULL=TIME
    32 20 EQUIVALENT ENROLLMENT.  If the increase in the total
    32 21 state general aid exceeds two percent over the base
    32 22 funding allocation, an amount up to an additional one
    32 23 percent of the base funding allocation shall be
    32 24 distributed based upon each community college's
    32 25 proportional share of the three=year rolling average
    32 26 full=time equivalent enrollments for all community
    32 27 colleges.
    32 28    (4)  EXTRAORDINARY GROWTH ADJUSTMENT.  If the
    32 29 increase in total state general aid exceeds three
    32 30 percent over the base funding allocation, an amount up
    32 31 to an additional one percent of the base funding
    32 32 allocation shall be distributed as follows:
    32 33    (a)  Forty percent of the moneys shall be allocated
    32 34 based upon each community college's proportional share
    32 35 of the three=year rolling average full=time equivalent
    32 36 enrollments for all community colleges.
    32 37    (b)  Sixty percent of the moneys shall be allocated
    32 38 to community colleges that have eligible growth
    32 39 support.  The allocation shall be based upon the
    32 40 proportional share that each community college's
    32 41 eligible growth support bears to the total growth
    32 42 support amount.  Once the moneys allocated under this
    32 43 subparagraph subdivision equal the total growth
    32 44 support amount, the remaining moneys allocated under
    32 45 this subparagraph shall be allocated as provided in
    32 46 subparagraph subdivision (a).
    32 47    (5)  ADDITIONAL THREE=YEAR ROLLING AVERAGE FTEE
    32 48 ALLOCATION.  If the increase in total state general
    32 49 aid exceeds four percent over the base funding
    32 50 allocation, all remaining moneys shall be distributed
    33  1 based upon each college's proportional share of the
    33  2 three=year rolling average full=time equivalent
    33  3 enrollments for all community colleges.
    33  4    b.  If the inflation rate is greater than two
    33  5 percent but less than four percent:
    33  6    (1)  BASE FUNDING ALLOCATION.  The moneys shall
    33  7 first be allocated in the amount of general state
    33  8 financial aid each community college received in the
    33  9 base year.  If the appropriation is less that the
    33 10 total of the amount of general state financial aid
    33 11 each community college received in the base year, the
    33 12 moneys shall be allocated in the same proportion as
    33 13 the allocation of general state financial aid each
    33 14 community college received in the base year.
    33 15    (2)  MARGINAL COST ADJUSTMENT.  After the base
    33 16 funding has been allocated, each community college
    33 17 shall be allocated up to an additional two percent of
    33 18 its base funding allocation.  The community college's
    33 19 allocation shall be in the same proportion as the
    33 20 allocation of general state financial aid each
    33 21 community college received in the base year.
    33 22    (3)  THREE=YEAR ROLLING AVERAGE OF FULL=TIME
    33 23 EQUIVALENT ENROLLMENT.  If the increase in the total
    33 24 state general aid exceeds two percent over the base
    33 25 funding allocation, an amount up to an additional one
    33 26 percent of the base funding allocation shall be
    33 27 distributed based upon each community college's
    33 28 proportional share of the three=year rolling average
    33 29 full=time equivalent enrollments for all community
    33 30 colleges.
    33 31    (4)  EXTRAORDINARY GROWTH ADJUSTMENT.  If the
    33 32 increase in total state general aid exceeds three
    33 33 percent over the base funding allocation, an amount up
    33 34 to an additional one percent of the base funding
    33 35 allocation shall be based as follows:
    33 36    (a)  Forty percent of the moneys shall be allocated
    33 37 based upon each community college's proportional share
    33 38 of the three=year rolling average full=time equivalent
    33 39 enrollments for all community colleges.
    33 40    (b)  Sixty percent of the moneys shall be allocated
    33 41 to community colleges that have eligible growth
    33 42 support.  The allocation shall be based upon the
    33 43 proportional share that each community college's
    33 44 eligible growth support bears to the total growth
    33 45 support amount.  Once the moneys allocated under this
    33 46 subparagraph subdivision equal the total growth
    33 47 support amount, the remaining moneys allocated under
    33 48 this subparagraph shall be allocated as provided in
    33 49 subparagraph subdivision (a).
    33 50    (5)  INFLATION ADJUSTMENT.  If the increase in
    34  1 total state general aid exceeds four percent over the
    34  2 base funding allocation, an amount up to the inflation
    34  3 adjustment amount shall be distributed to each
    34  4 community college in the same proportion as the
    34  5 allocation of general state financial aid each
    34  6 community college received in the base year.
    34  7    (6)  ADDITIONAL THREE=YEAR ROLLING AVERAGE FTEE
    34  8 ALLOCATION.  If there are remaining moneys to be
    34  9 distributed under this paragraph after distributing
    34 10 moneys under subparagraph (5), all remaining moneys
    34 11 shall be distributed based upon each community
    34 12 college's proportional share of the three=year rolling
    34 13 average full=time equivalent enrollments for all
    34 14 community colleges.
    34 15    c.  If the inflation rate equals or exceeds four
    34 16 percent:
    34 17    (1)  BASE FUNDING ALLOCATION.  The moneys shall
    34 18 first be allocated in the amount of general state
    34 19 financial aid each community college received in the
    34 20 base year.  If the appropriation is less than the
    34 21 total of the amount of general state financial aid
    34 22 each community college received in the base year, the
    34 23 moneys shall be allocated in the same proportion as
    34 24 the allocation of general state financial aid each
    34 25 community college received in the base year.
    34 26    (2)  MARGINAL COST ADJUSTMENT.  After the base
    34 27 funding has been allocated, each community college
    34 28 shall be allocated up to an additional two percent of
    34 29 its base funding allocation.  The community college's
    34 30 allocation shall be in the same proportion as the
    34 31 allocation of general state financial aid each
    34 32 community college received in the base year.
    34 33    (3)  THREE=YEAR ROLLING AVERAGE OF FULL=TIME
    34 34 EQUIVALENT ENROLLMENT.  If the increase in the total
    34 35 state general aid exceeds two percent over the base
    34 36 funding allocation, an amount up to an additional one
    34 37 percent of the base funding allocation shall be
    34 38 distributed based upon each community college's
    34 39 proportional share of the three=year rolling average
    34 40 full=time equivalent enrollments for all community
    34 41 colleges.
    34 42    (4)  INFLATION ADJUSTMENT.  If the increase in
    34 43 total state general aid exceeds three percent over the
    34 44 base funding allocation, an amount up to the inflation
    34 45 adjustment amount shall be distributed to each
    34 46 community college in the same proportion as the
    34 47 allocation of general state financial aid each
    34 48 community college received in the base year.
    34 49    (5)  EXTRAORDINARY GROWTH ADJUSTMENT.  If there are
    34 50 remaining moneys to be distributed under this
    35  1 paragraph after distributing moneys under subparagraph
    35  2 (4), an amount up to an additional one percent of the
    35  3 base funding allocation shall be based as follows:
    35  4    (a)  Forty percent of the moneys shall be allocated
    35  5 based upon each community college's proportional share
    35  6 of the three=year rolling average full=time equivalent
    35  7 enrollments for all community colleges.
    35  8    (b)  Sixty percent of the moneys shall be allocated
    35  9 to community colleges that have eligible growth
    35 10 support.  The allocation shall be based upon the
    35 11 proportional share that each community college's
    35 12 eligible growth support bears to the total growth
    35 13 support amount.  Once the moneys allocated under this
    35 14 subparagraph subdivision equals the total growth
    35 15 support amount, the remaining moneys allocated under
    35 16 this subparagraph shall be allocated as provided in
    35 17 subparagraph subdivision (a).
    35 18    (6)  ADDITIONAL THREE=YEAR ROLLING AVERAGE FTEE
    35 19 ALLOCATION.  If there are remaining moneys to be
    35 20 distributed under this paragraph after distributing
    35 21 moneys under subparagraph (5), all remaining moneys
    35 22 shall be distributed based upon each community
    35 23 college's proportional share of the three=year rolling
    35 24 average full=time equivalent enrollments for all
    35 25 community colleges.
    35 26    4.  INFORMATION SUPPLIED BY COLLEGES AND ADOPTION
    35 27 OF RULES.
    35 28    a.  Each community college shall provide
    35 29 information in the manner and form as determined by
    35 30 the department.  If a community college fails to
    35 31 provide the information as requested, the department
    35 32 shall estimate the full=time equivalent enrollment of
    35 33 that college.
    35 34    b.  Each community college shall complete and
    35 35 submit an annual student enrollment audit to the
    35 36 department.  Adjustments to community college state
    35 37 general aid allocations shall be made based on student
    35 38 enrollment audit outcomes.
    35 39    c.  The department shall adopt rules under chapter
    35 40 17A as necessary for the allocation of general state
    35 41 financial aid.
    35 42    Sec. 24.  Section 261.9, subsection 1, paragraph b,
    35 43 Code 2005, is amended to read as follows:
    35 44    b.  Is accredited by the north central association
    35 45 of colleges and secondary schools accrediting agency
    35 46 based on their requirements, is exempt from taxation
    35 47 under section 501(e)(3) of the Internal Revenue Code,
    35 48 and annually provides a matching aggregate amount of
    35 49 institutional financial aid equal to at least seventy=
    35 50 five percent of the amount received in a fiscal year
    36  1 by the institution's students for Iowa tuition grant
    36  2 assistance under this chapter.  Commencing with the
    36  3 fiscal year beginning July 1, 2005 2006, the matching
    36  4 aggregate amount of institutional financial aid shall
    36  5 increase by the percentage of increase each fiscal
    36  6 year of funds appropriated for Iowa tuition grants
    36  7 under section 261.25, subsection 1, to a maximum match
    36  8 of one hundred percent.  The institution shall file
    36  9 annual reports with the commission prior to receipt of
    36 10 tuition grant moneys under this chapter.  An
    36 11 institution whose income is not exempt from taxation
    36 12 under section 501(c) of the Internal Revenue Code and
    36 13 whose students were eligible to receive Iowa tuition
    36 14 grant money in the fiscal year beginning July 1, 2003,
    36 15 shall meet the match requirements of this paragraph no
    36 16 later than June 30, 2005.
    36 17    Sec. 25.  Section 261.25, subsection 1, Code 2005,
    36 18 is amended to read as follows:
    36 19    1.  There is appropriated from the general fund of
    36 20 the state to the commission for each fiscal year the
    36 21 sum of forty=seven forty=nine million one six hundred
    36 22 fifty=seven seventy=three thousand five hundred
    36 23 fifteen seventy=five dollars for tuition grants.  From
    36 24 the funds appropriated in this subsection, not more
    36 25 than three million four hundred thousand dollars may
    36 26 be distributed to private institutions whose income is
    36 27 not exempt from taxation under section 501(c) of the
    36 28 Internal Revenue Code and whose students were eligible
    36 29 to receive Iowa tuition grant moneys in the fiscal
    36 30 year beginning July 1, 2003.
    36 31    Sec. 26.  NEW SECTION.  272.29  ANNUAL
    36 32 ADMINISTRATIVE RULES REVIEW.
    36 33    The executive director shall annually review the
    36 34 administrative rules adopted pursuant to this chapter
    36 35 and related state laws.  The executive director shall
    36 36 annually submit the executive director's findings and
    36 37 recommendations in a report to the board and the
    36 38 chairpersons and ranking members of the senate and
    36 39 house standing committees on education and the joint
    36 40 appropriations subcommittee on education by January
    36 41 15.
    36 42    Sec. 27.  Section 284.13, subsection 1, paragraphs
    36 43 b and c, Code 2005, are amended to read as follows:
    36 44    b.  For the fiscal year beginning July 1, 2004
    36 45 2005, and ending June 30, 2005 2006, to the department
    36 46 of education, the amount of one two million one
    36 47 hundred thousand dollars for the issuance of national
    36 48 board certification awards in accordance with section
    36 49 256.44.
    36 50    c.  For the fiscal year beginning July 1, 2004
    37  1 2005, and succeeding fiscal years, an amount up to
    37  2 three four million five two hundred thousand dollars
    37  3 for first=year and second=year beginning teachers, to
    37  4 the department of education for distribution to school
    37  5 districts for purposes of the beginning teacher
    37  6 mentoring and induction programs.  A school district
    37  7 shall receive one thousand three hundred dollars per
    37  8 beginning teacher participating in the program.  If
    37  9 the funds appropriated for the program are
    37 10 insufficient to pay mentors and school districts as
    37 11 provided in this paragraph, the department shall
    37 12 prorate the amount distributed to school districts
    37 13 based upon the amount appropriated.  Moneys received
    37 14 by a school district pursuant to this paragraph shall
    37 15 be expended to provide each mentor with an award of
    37 16 five hundred dollars per semester, at a minimum, for
    37 17 participation in the school district's beginning
    37 18 teacher mentoring and induction program; to implement
    37 19 the plan; and to pay any applicable costs of the
    37 20 employer's share of contributions to federal social
    37 21 security and the Iowa public employees' retirement
    37 22 system or a pension and annuity retirement system
    37 23 established under chapter 294, for such amounts paid
    37 24 by the district.
    37 25    Sec. 28.  Section 284.13, subsection 1, paragraph
    37 26 e, Code 2005, is amended to read as follows:
    37 27    e.  For the fiscal year beginning July 1, 2004
    37 28 2005, and ending June 30, 2005 2006, up to two four
    37 29 hundred fifty eighty=five thousand dollars to the
    37 30 department of education for purposes of implementing
    37 31 the career development program requirements of section
    37 32 284.6, and the review panel requirements of section
    37 33 284.9, and the evaluator training program in section
    37 34 284.10.  From the moneys allocated to the department
    37 35 pursuant to this paragraph, not less than seventy=
    37 36 five ten thousand dollars shall be used to administer
    37 37 the ambassador to education position in accordance
    37 38 with section 256.45 distributed to the board of
    37 39 educational examiners for purposes of convening an
    37 40 educator licensing review working group.  From the
    37 41 moneys allocated to the department pursuant to this
    37 42 paragraph, not less than eighty=five thousand dollars
    37 43 shall be used to administer the ambassador to
    37 44 education position in accordance with section 256.45.
    37 45 A portion of the funds allocated to the department for
    37 46 purposes of this paragraph may be used by the
    37 47 department for administrative purposes.
    37 48 Notwithstanding section 8.33, moneys allocated for
    37 49 purposes of this paragraph prior to July 1, 2004 2005,
    37 50 which remain unobligated or unexpended at the end of
    38  1 the fiscal year for which the moneys were
    38  2 appropriated, shall remain available for expenditure
    38  3 for the purposes for which they were allocated, for
    38  4 the fiscal year beginning July 1, 2004 2005, and
    38  5 ending June 30, 2005 2006.
    38  6    Sec. 29.  Section 284.13, subsection 1, Code 2005,
    38  7 is amended by adding the following new paragraphs:
    38  8    NEW PARAGRAPH.  dd.  For the fiscal year beginning
    38  9 July 1, 2005, and ending June 30, 2006, up to ten
    38 10 million dollars to the department of education for use
    38 11 by school districts to add one additional teacher
    38 12 contract day to the school calendar.  Prior to
    38 13 receiving funds under this paragraph, a school
    38 14 district shall submit for approval to the department
    38 15 the school district's professional development plan
    38 16 for use of the moneys.  The department shall submit a
    38 17 report on school district use of the moneys
    38 18 distributed pursuant to this paragraph to the
    38 19 chairpersons and ranking members of the house and
    38 20 senate standing committees on education, the joint
    38 21 appropriations subcommittee on education, and the
    38 22 legislative services agency not later than January 15,
    38 23 2006.  The department shall distribute funds allocated
    38 24 for purposes of this paragraph based on each school
    38 25 district's teacher per diem.  If the funds allocated
    38 26 are insufficient to pay the per diem for one
    38 27 additional teacher contract day, the department shall
    38 28 prorate the funds to the school districts and
    38 29 notwithstanding section 284.4, subsection 1, paragraph
    38 30 "c", the department shall prorate the number of
    38 31 additional teacher contract days a school district
    38 32 shall be required to provide consistent with section
    38 33 284.4, subsection 1, paragraph "c".  If the department
    38 34 receives funds for purposes of this paragraph in
    38 35 excess of the per diem for one additional teacher
    38 36 contract day, the funds shall be distributed as
    38 37 provided under paragraph "f".
    38 38    NEW PARAGRAPH.  ee.  For the fiscal year beginning
    38 39 July 1, 2005, and succeeding fiscal years, up to one
    38 40 million dollars to the department of education for
    38 41 purposes of the value=added assessment system
    38 42 established pursuant to section 256.24.  The
    38 43 department shall allocate the moneys to school
    38 44 districts based upon the percentage of the budget
    38 45 enrollment of each school district for the fiscal year
    38 46 beginning July 1, 2004, compared to the budget
    38 47 enrollment of all school districts in the state for
    38 48 the fiscal year beginning July 1, 2004.  The
    38 49 department shall distribute the moneys to a school
    38 50 district upon demonstration by the school district to
    39  1 the department that the school district agrees to
    39  2 participate in a qualified value=added assessment
    39  3 system.
    39  4    Sec. 30.  Section 284.13, subsection 1, paragraphs
    39  5 a, d, and i, Code 2005, are amended by striking the
    39  6 paragraphs.
    39  7    Sec. 31.  Section 298.3, Code 2005, is amended by
    39  8 adding the following new subsection:
    39  9    NEW SUBSECTION.   13.  EXPENDITURES FOR WIND
    39 10 GENERATORS.  If a school district's anticipated energy
    39 11 savings is projected to pay for construction of a wind
    39 12 generator, the school district may use revenues
    39 13 received under this section to pay off the
    39 14 construction loan.
    39 15    Sec. 32.  Section 301.1, subsection 2, Code 2005,
    39 16 is amended to read as follows:
    39 17    2.  Textbooks adopted and purchased by a school
    39 18 district shall, to the extent funds are appropriated
    39 19 by the general assembly, be made available to pupils
    39 20 attending accredited nonpublic schools upon request of
    39 21 the pupil or the pupil's parent under comparable terms
    39 22 as made available to pupils attending public schools.
    39 23 If the general assembly appropriates moneys for
    39 24 purposes of making textbooks available to accredited
    39 25 nonpublic school pupils, the department of education
    39 26 shall ascertain the amount available to a school
    39 27 district for the purchase of nonsectarian,
    39 28 nonreligious textbooks for pupils attending accredited
    39 29 nonpublic schools.  The amount shall be in the
    39 30 proportion that the basic enrollment of a
    39 31 participating accredited nonpublic school bears to the
    39 32 sum of the basic enrollments of all participating
    39 33 accredited nonpublic schools in the state for the
    39 34 budget year.  For purposes of this section, a
    39 35 "participating accredited nonpublic school" means an
    39 36 accredited nonpublic school that submits a written
    39 37 request on behalf of the school's pupils in accordance
    39 38 with this subsection, and that certifies its actual
    39 39 enrollment to the department of education by October
    39 40 1, annually.  By October 15, annually, the department
    39 41 of education shall certify to the director of the
    39 42 department of administrative services the annual
    39 43 amount to be paid to each school district, and the
    39 44 director of the department of administrative services
    39 45 shall draw warrants payable to school districts in
    39 46 accordance with this subsection.  For purposes of this
    39 47 subsection, an accredited nonpublic school's
    39 48 enrollment count shall include only students who are
    39 49 residents of Iowa.  The costs of providing textbooks
    39 50 to accredited nonpublic school pupils as provided in
    40  1 this subsection shall not be included in the
    40  2 computation of district cost under chapter 257, but
    40  3 shall be shown in the budget as an expense from
    40  4 miscellaneous income.  Textbook expenditures made in
    40  5 accordance with this subsection shall be kept on file
    40  6 in the school district.  Textbooks made available by a
    40  7 school district to pupils attending accredited
    40  8 nonpublic schools in accordance with this subsection
    40  9 are not to be the property of the school district.
    40 10    Sec. 33.  Section 423E.4, subsection 3, paragraph
    40 11 a, Code 2005, is amended to read as follows:
    40 12    a.  The director of revenue by June 1 preceding
    40 13 each fiscal year shall compute the guaranteed school
    40 14 infrastructure amount for each school district, each
    40 15 school district's sales tax capacity per student for
    40 16 each county, the statewide tax revenues per student,
    40 17 and the supplemental school infrastructure amount for
    40 18 the coming fiscal year.
    40 19    Sec. 34.  Section 423E.4, subsection 3, paragraph
    40 20 b, subparagraph (3), Code 2005, is amended by striking
    40 21 the subparagraph and inserting in lieu thereof the
    40 22 following:
    40 23    (3)  "Statewide tax revenues per student" means the
    40 24 amount determined by estimating the total revenues
    40 25 that would be generated by a one percent local option
    40 26 sales and services tax for school infrastructure
    40 27 purposes if imposed by all the counties during the
    40 28 entire fiscal year and dividing this estimated revenue
    40 29 amount by the sum of the combined actual enrollment
    40 30 for all counties as determined in section 423E.3,
    40 31 subsection 5, paragraph "d", subparagraph (2).
    40 32    Sec. 35.  EFFECTIVE DATES.
    40 33    1.  The section of this Act that amends section
    40 34 257B.1B, being deemed of immediate importance, takes
    40 35 effect upon enactment.
    40 36    2.  The section of this Act that amends section
    40 37 423E.4, being deemed of immediate importance, takes
    40 38 effect upon enactment.>
    40 39 #2.  Title page, by striking line 5 and inserting
    40 40 the following:  <regents, and providing effective
    40 41 dates.>
    40 42 #3.  By renumbering as necessary.
    40 43 HF 816.S
    40 44 kh/cc/26

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