House Amendment 1645


PAG LIN




     1  1    Amend the Senate amendment, H=1635, to House File
     1  2 816, as amended, passed, and reprinted by the House,
     1  3 as follows:
     1  4 #1.  By striking page 1, line 5, through page 40,
     1  5 line 42, and inserting the following:
     1  6                <DEPARTMENT FOR THE BLIND
     1  7    Section 1.  ADMINISTRATION.  There is appropriated
     1  8 from the general fund of the state to the department
     1  9 for the blind for the fiscal year beginning July 1,
     1 10 2005, and ending June 30, 2006, the following amount,
     1 11 or so much thereof as is necessary, to be used for the
     1 12 purposes designated:
     1 13    For salaries, support, maintenance, miscellaneous
     1 14 purposes and for not more than the following full=time
     1 15 equivalent positions:
     1 16 .................................................. $  1,886,842
     1 17 ............................................... FTEs     109.50
     1 18             COLLEGE STUDENT AID COMMISSION
     1 19    Sec. 2.  There is appropriated from the general
     1 20 fund of the state to the college student aid
     1 21 commission for the fiscal year beginning July 1, 2005,
     1 22 and ending June 30, 2006, the following amounts, or so
     1 23 much thereof as may be necessary, to be used for the
     1 24 purposes designated:
     1 25    1.  GENERAL ADMINISTRATION
     1 26    For salaries, support, maintenance, miscellaneous
     1 27 purposes, and for not more than the following full=
     1 28 time equivalent positions:
     1 29 .................................................. $    349,494
     1 30 ............................................... FTEs       4.30
     1 31    2.  STUDENT AID PROGRAMS
     1 32    For payments to students for the Iowa grant
     1 33 program:
     1 34 .................................................. $  1,029,784
     1 35    3.  DES MOINES UNIVERSITY == OSTEOPATHIC MEDICAL
     1 36 CENTER
     1 37    a.  For forgivable loans to Iowa students attending
     1 38 the Des Moines university == osteopathic medical
     1 39 center under the forgivable loan program pursuant to
     1 40 section 261.19:
     1 41 .................................................. $     50,000
     1 42    To receive funds appropriated pursuant to this
     1 43 paragraph, Des Moines university == osteopathic
     1 44 medical center shall match the funds with
     1 45 institutional funds on a dollar=for=dollar basis.
     1 46    b.  For the Des Moines university == osteopathic
     1 47 medical center for an initiative in primary health
     1 48 care to direct primary care physicians to shortage
     1 49 areas in the state:
     1 50 .................................................. $    346,451
     2  1    4.  NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM
     2  2    For purposes of providing national guard
     2  3 educational assistance under the program established
     2  4 in section 261.86:
     2  5 .................................................. $  3,800,000
     2  6    5.  TEACHER SHORTAGE FORGIVABLE LOAN PROGRAM
     2  7    For the teacher shortage forgivable loan program
     2  8 established in section 261.111:
     2  9 .................................................. $    285,000
     2 10    Sec. 3.  WORK=STUDY APPROPRIATION NULLIFICATION FOR
     2 11 FY 2005=2006.  Notwithstanding section 261.85, for the
     2 12 fiscal year beginning July 1, 2005, and ending June
     2 13 30, 2006, the amount appropriated for the work=study
     2 14 program under section 261.85 shall be zero.
     2 15             DEPARTMENT OF CULTURAL AFFAIRS
     2 16    Sec. 4.  There is appropriated from the general
     2 17 fund of the state to the department of cultural
     2 18 affairs for the fiscal year beginning July 1, 2005,
     2 19 and ending June 30, 2006, the following amounts, or so
     2 20 much thereof as is necessary, to be used for the
     2 21 purposes designated:
     2 22    1.  ADMINISTRATION
     2 23    For salaries, support, maintenance, and
     2 24 miscellaneous purposes:
     2 25 .................................................. $    235,636
     2 26    The department of cultural affairs shall coordinate
     2 27 activities with the tourism office of the department
     2 28 of economic development to promote attendance at the
     2 29 state historical building and at this state's historic
     2 30 sites.
     2 31    2.  COMMUNITY CULTURAL GRANTS
     2 32    For planning and programming for the community
     2 33 cultural grants program established under section
     2 34 303.3:
     2 35 .................................................. $    299,240
     2 36    3.  HISTORICAL DIVISION
     2 37    For salaries, support, maintenance, miscellaneous
     2 38 purposes, and for not more than the following full=
     2 39 time equivalent positions:
     2 40 .................................................. $  3,040,920
     2 41 ............................................... FTEs      65.00
     2 42    4.  HISTORIC SITES
     2 43    For salaries, support, maintenance, and
     2 44 miscellaneous purposes:
     2 45 .................................................. $    526,459
     2 46    5.  ARTS DIVISION
     2 47    For salaries, support, maintenance, miscellaneous
     2 48 purposes, including funds to match federal grants and
     2 49 for not more than the following full=time equivalent
     2 50 positions:
     3  1 .................................................. $  1,157,486
     3  2 ............................................... FTEs      11.25
     3  3                 DEPARTMENT OF EDUCATION
     3  4    Sec. 5.  There is appropriated from the general
     3  5 fund of the state to the department of education for
     3  6 the fiscal year beginning July 1, 2005, and ending
     3  7 June 30, 2006, the following amounts, or so much
     3  8 thereof as may be necessary, to be used for the
     3  9 purposes designated:
     3 10    1.  GENERAL ADMINISTRATION
     3 11    For salaries, support, maintenance, miscellaneous
     3 12 purposes, and for not more than the following full=
     3 13 time equivalent positions:
     3 14 ................................................. $  5,139,542
     3 15 ............................................... FTEs      76.27
     3 16    The director of the department of education shall
     3 17 ensure that all school districts are aware of the
     3 18 state education resources available on the state
     3 19 website for listing teacher job openings and shall
     3 20 make every reasonable effort to enable qualified
     3 21 practitioners to post their resumes on the state
     3 22 website.  The department shall administer the posting
     3 23 of job vacancies for school districts, accredited
     3 24 nonpublic schools, and area education agencies on the
     3 25 state website.  The department may coordinate this
     3 26 activity with the Iowa school board association or
     3 27 other interested education associations in the state.
     3 28 The department shall strongly encourage school
     3 29 districts to seek direct claiming under the medical
     3 30 assistance program for funding of school district
     3 31 nursing services for students.
     3 32    2.  VOCATIONAL EDUCATION ADMINISTRATION
     3 33    For salaries, support, maintenance, miscellaneous
     3 34 purposes, and for not more than the following full=
     3 35 time equivalent positions:
     3 36 .................................................. $    514,828
     3 37 ............................................... FTEs      13.80
     3 38    3.  VOCATIONAL REHABILITATION SERVICES DIVISION
     3 39    a.  For salaries, support, maintenance,
     3 40 miscellaneous purposes, and for not more than the
     3 41 following full=time equivalent positions:
     3 42 .................................................. $  4,340,050
     3 43 ............................................... FTEs     273.50
     3 44    The division of vocational rehabilitation services
     3 45 shall seek funding from other sources, such as local
     3 46 funds, for purposes of matching the state's federal
     3 47 vocational rehabilitation allocation, as well as for
     3 48 matching other federal vocational rehabilitation
     3 49 funding that may become available.
     3 50    Except where prohibited under federal law, the
     4  1 division of vocational rehabilitation services of the
     4  2 department of education shall accept client
     4  3 assessments, or assessments of potential clients,
     4  4 performed by other agencies in order to reduce
     4  5 duplication of effort.
     4  6    Notwithstanding the full=time equivalent position
     4  7 limit established in this lettered paragraph, for the
     4  8 fiscal year ending June 30, 2006, if federal funding
     4  9 is received to pay the costs of additional employees
     4 10 for the vocational rehabilitation services division
     4 11 who would have duties relating to vocational
     4 12 rehabilitation services paid for through federal
     4 13 funding, authorization to hire not more than 4.00
     4 14 additional full=time equivalent employees shall be
     4 15 provided, the full=time equivalent position limit
     4 16 shall be exceeded, and the additional employees shall
     4 17 be hired by the division.
     4 18    b.  For matching funds for programs to enable
     4 19 persons with severe physical or mental disabilities to
     4 20 function more independently, including salaries and
     4 21 support, and for not more than the following full=time
     4 22 equivalent position:
     4 23 .................................................. $     54,150
     4 24 ............................................... FTEs       1.00
     4 25    The highest priority use for the moneys
     4 26 appropriated under this lettered paragraph shall be
     4 27 for programs that emphasize employment and assist
     4 28 persons with severe physical or mental disabilities to
     4 29 find and maintain employment to enable them to
     4 30 function more independently.
     4 31    4.  STATE LIBRARY
     4 32    a.  For salaries, support, maintenance,
     4 33 miscellaneous purposes, and for not more than the
     4 34 following full=time equivalent positions:
     4 35 .................................................. $  1,378,555
     4 36 ............................................... FTEs      18.00
     4 37    b.  For the enrich Iowa program:
     4 38 .................................................. $  1,698,432
     4 39    (1)  Funds allocated for purposes of the enrich
     4 40 Iowa program as provided in this lettered paragraph
     4 41 shall be distributed by the division of libraries and
     4 42 information services to provide support for Iowa's
     4 43 libraries.  The commission of libraries shall develop
     4 44 rules governing the allocation of funds provided by
     4 45 the general assembly for the enrich Iowa program to
     4 46 provide direct state assistance to public libraries
     4 47 and to fund the open access and access plus programs.
     4 48 Direct state assistance to eligible public libraries
     4 49 is provided as an incentive to improve library
     4 50 services and to reduce inequities among communities in
     5  1 the delivery of library services based on recognized
     5  2 and adopted performance measures.  Funds distributed
     5  3 as direct state assistance shall be distributed to
     5  4 eligible public libraries that are in compliance with
     5  5 performance measures adopted by rule by the commission
     5  6 of libraries.  The funds allocated as provided in this
     5  7 lettered paragraph shall not be used for the costs of
     5  8 administration by the division.  The amount of direct
     5  9 state assistance distributed to each eligible public
     5 10 library shall be based upon the following:
     5 11    (a)  The level of compliance by the eligible public
     5 12 library with the performance measures adopted by the
     5 13 commission as provided in this subparagraph.
     5 14    (b)  The number of people residing within an
     5 15 eligible library's geographic service area for whom
     5 16 the library provides services.
     5 17    (c)  The amount of other funding the eligible
     5 18 public library received in the previous fiscal year
     5 19 for providing services to rural residents and to
     5 20 contracting communities.
     5 21    (2)  Moneys received by a public library under this
     5 22 lettered paragraph shall supplement, not supplant, any
     5 23 other funding received by the library.
     5 24    (3)  For purposes of this section, "eligible public
     5 25 library" means a public library that meets all of the
     5 26 following requirements:
     5 27    (a)  Submits to the division all of the following:
     5 28    (i)  The report provided for under section 256.51,
     5 29 subsection 1, paragraph "h".
     5 30    (ii)  An application and accreditation report, in a
     5 31 format approved by the commission, that provides
     5 32 evidence of the library's compliance with at least one
     5 33 level of the standards established in accordance with
     5 34 section 256.51, subsection 1, paragraph "k".
     5 35    (iii)  Any other application or report the division
     5 36 deems necessary for the implementation of the enrich
     5 37 Iowa program.
     5 38    (b)  Participates in the library resource and
     5 39 information sharing programs established by the state
     5 40 library.
     5 41    (c)  Is a public library established by city
     5 42 ordinance or a library district as provided in chapter
     5 43 336.
     5 44    (4)  Each eligible public library shall maintain a
     5 45 separate listing within its budget for payments
     5 46 received and expenditures made pursuant to this
     5 47 lettered paragraph, and shall annually submit this
     5 48 listing to the division.
     5 49    (5)  By January 15, 2007, the division shall submit
     5 50 a program evaluation report to the general assembly
     6  1 and the governor detailing the uses and the impacts of
     6  2 funds allocated under this lettered paragraph.
     6  3    (6)  A public library that receives funds in
     6  4 accordance with this lettered paragraph shall have an
     6  5 internet use policy in place, which may or may not
     6  6 include internet filtering.  The library shall submit
     6  7 a report describing the library's internet use efforts
     6  8 to the division.
     6  9    (7)  A public library that receives funds in
     6 10 accordance with this lettered paragraph shall provide
     6 11 open access, the reciprocal borrowing program, as a
     6 12 service to its patrons, at a reimbursement rate
     6 13 determined by the state library.
     6 14    5.  LIBRARY SERVICE AREA SYSTEM
     6 15    For state aid:
     6 16 .................................................. $  1,376,558
     6 17    6.  PUBLIC BROADCASTING DIVISION
     6 18    For salaries, support, maintenance, capital
     6 19 expenditures, miscellaneous purposes, and for not more
     6 20 than the following full=time equivalent positions:
     6 21 .................................................. $  7,356,722
     6 22 ............................................... FTEs      86.00
     6 23    7.  REGIONAL TELECOMMUNICATIONS COUNCILS
     6 24    For state aid:
     6 25 .................................................. $  1,240,478
     6 26    The regional telecommunications councils
     6 27 established in section 8D.5 shall use the funds
     6 28 appropriated in this subsection to provide technical
     6 29 assistance for network classrooms, planning and
     6 30 troubleshooting for local area networks, scheduling of
     6 31 video sites, and other related support activities.
     6 32    8.  VOCATIONAL EDUCATION TO SECONDARY SCHOOLS
     6 33    For reimbursement for vocational education
     6 34 expenditures made by secondary schools:
     6 35 .................................................. $  2,936,904
     6 36    Funds appropriated in this subsection shall be used
     6 37 for expenditures made by school districts to meet the
     6 38 standards set in sections 256.11, 258.4, and 260C.14
     6 39 as a result of the enactment of 1989 Iowa Acts,
     6 40 chapter 278.  Funds shall be used as reimbursement for
     6 41 vocational education expenditures made by secondary
     6 42 schools in the manner provided by the department of
     6 43 education for implementation of the standards set in
     6 44 1989 Iowa Acts, chapter 278.
     6 45    9.  SCHOOL FOOD SERVICE
     6 46    For use as state matching funds for federal
     6 47 programs that shall be disbursed according to federal
     6 48 regulations, including salaries, support, maintenance,
     6 49 and miscellaneous purposes:
     6 50 .................................................. $  2,509,683
     7  1    10.  IOWA EMPOWERMENT FUND
     7  2    For deposit in the school ready children grants
     7  3 account of the Iowa empowerment fund created in
     7  4 section 28.9:
     7  5 .................................................. $ 21,481,594
     7  6    a.  From the moneys deposited in the school ready
     7  7 children grants account for the fiscal year beginning
     7  8 July 1, 2005, and ending June 30, 2006, not more than
     7  9 $300,000 is allocated for the community empowerment
     7 10 office and other technical assistance activities.  It
     7 11 is the intent of the general assembly that regional
     7 12 technical assistance teams will be established and
     7 13 will include staff from various agencies, as
     7 14 appropriate, including the area education agencies,
     7 15 community colleges, and the Iowa state university of
     7 16 science and technology cooperative extension service
     7 17 in agriculture and home economics.  The Iowa
     7 18 empowerment board shall direct staff to work with the
     7 19 advisory council to inventory technical assistance
     7 20 needs.  Funds allocated under this lettered paragraph
     7 21 may be used by the Iowa empowerment board for the
     7 22 purpose of skills development and support for ongoing
     7 23 training of the regional technical assistance teams.
     7 24 However, funds shall not be used for additional staff
     7 25 or for the reimbursement of staff.
     7 26    b.  Notwithstanding any other provision of law to
     7 27 the contrary, the community empowerment office shall
     7 28 use the documentation created by the legislative
     7 29 services agency to continue the implementation of the
     7 30 four=year phase=in period of the distribution formula
     7 31 approved by the community empowerment board.
     7 32    c.  As a condition of receiving funding
     7 33 appropriated in this subsection, each community
     7 34 empowerment area board shall report to the Iowa
     7 35 empowerment board progress on each of the state
     7 36 indicators approved by the state board, as well as
     7 37 progress on local indicators.  The community
     7 38 empowerment area board must also submit a written plan
     7 39 amendment extending by one year the area's
     7 40 comprehensive school ready children grant plan
     7 41 developed for providing services for children from
     7 42 birth through five years of age and provide other
     7 43 information specified by the Iowa empowerment board.
     7 44 The amendment may also provide for changes in the
     7 45 programs and services provided under the plan.  The
     7 46 Iowa empowerment board shall establish a submission
     7 47 deadline for the plan amendment that allows a
     7 48 reasonable period of time for preparation of the plan
     7 49 amendment and for review and approval or request for
     7 50 modification of the plan amendment by the Iowa
     8  1 empowerment board.  In addition, the community
     8  2 empowerment board must continue to comply with
     8  3 reporting provisions and other requirements adopted by
     8  4 the Iowa empowerment board in implementing section
     8  5 28.8.
     8  6    d.  Of the amount appropriated in this subsection
     8  7 for deposit in the school ready children grants
     8  8 account of the Iowa empowerment fund, $500,000 shall
     8  9 be allocated to a collaborative effort between the
     8 10 Iowa community empowerment board and Iowa state
     8 11 university extension to provide hands=on assistance to
     8 12 child care providers.
     8 13    e.  Of the amount appropriated in this subsection
     8 14 for deposit in the school ready children grants
     8 15 account of the Iowa empowerment fund that is used for
     8 16 distribution to areas, $3,000,000 shall be used to
     8 17 assist low=income parents with preschool tuition.
     8 18    f.  Of the amount appropriated in this subsection
     8 19 for deposit in the school ready children grants
     8 20 account of the Iowa empowerment fund that is used for
     8 21 distribution to areas, $1,000,000 shall be used to
     8 22 collaborate with area education agencies and community
     8 23 colleges to provide both child care and preschool
     8 24 providers with ready access to high=quality
     8 25 professional development.
     8 26    11.  TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS
     8 27    To provide funds for costs of providing textbooks
     8 28 to each resident pupil who attends a nonpublic school
     8 29 as authorized by section 301.1.  The funding is
     8 30 limited to $20 per pupil and shall not exceed the
     8 31 comparable services offered to resident public school
     8 32 pupils:
     8 33 .................................................. $    614,058
     8 34    12.  STUDENT ACHIEVEMENT AND TEACHER QUALITY
     8 35 PROGRAM
     8 36    For purposes, as provided in law, of the student
     8 37 achievement and teacher quality program established
     8 38 pursuant to chapter 284:
     8 39 .................................................. $ 67,618,894
     8 40    13.  COMMUNITY COLLEGES
     8 41    For general state financial aid to merged areas as
     8 42 defined in section 260C.2 in accordance with chapters
     8 43 258 and 260C:
     8 44 .................................................. $147,579,244
     8 45    The funds appropriated in this subsection shall be
     8 46 allocated as follows:
     8 47    a.  Merged Area I ............................. $  7,124,315
     8 48    b.  Merged Area II ............................ $  8,258,602
     8 49    c.  Merged Area III ........................... $  7,650,479
     8 50    d.  Merged Area IV ............................ $  3,746,521
     9  1    e.  Merged Area V ............................. $  7,926,341
     9  2    f.  Merged Area VI ............................ $  7,261,075
     9  3    g.  Merged Area VII ........................... $ 10,560,846
     9  4    h.  Merged Area IX ............................ $ 13,005,054
     9  5    i.  Merged Area X ............................. $ 20,603,300
     9  6    j.  Merged Area XI ............................ $ 21,745,905
     9  7    k.  Merged Area XII ........................... $  8,535,410
     9  8    l.  Merged Area XIII .......................... $  8,754,676
     9  9    m.  Merged Area XIV ........................... $  3,791,821
     9 10    n.  Merged Area XV ............................ $ 11,924,610
     9 11    o.  Merged Area XVI ........................... $  6,690,289
     9 12    Sec. 6.  STATEWIDE TEACHER INTERN PROGRAM ==
     9 13 FEDERAL GRANT APPLICATION COORDINATION.
     9 14    The department shall work cooperatively with the
     9 15 state board of regents and other appropriate eligible
     9 16 grantees to obtain any available federal funding,
     9 17 including grants that may be available for the
     9 18 establishment and operation of a teacher intern
     9 19 program.
     9 20    Sec. 7.  BOARD OF EDUCATIONAL EXAMINERS LICENSING
     9 21 FEES.
     9 22    Notwithstanding section 272.10, for the fiscal year
     9 23 beginning July 1, 2005, and ending June 30, 2006, the
     9 24 executive director of the board of educational
     9 25 examiners shall deposit at least 27 percent of the
     9 26 fees collected annually with the treasurer of state
     9 27 which shall be credited to the general fund of the
     9 28 state.  The remaining licensing fees collected during
     9 29 the fiscal year beginning July 1, 2005, and retained
     9 30 are appropriated to the board for the purposes related
     9 31 to the board's duties.  Notwithstanding section 8.33,
     9 32 licensing fees retained by and appropriated to the
     9 33 board pursuant to this section that remain
     9 34 unencumbered or unobligated at the close of the fiscal
     9 35 year in an amount of not more than 10 percent of the
     9 36 total licensing fees collected by the board by the
     9 37 close of the fiscal year shall not revert but shall
     9 38 remain available for expenditure for the purposes
     9 39 designated until the close of the succeeding fiscal
     9 40 year.
     9 41    Sec. 8.  EDUCATOR LICENSING REVIEW WORKING GROUP.
     9 42    1.  The board of educational examiners, in
     9 43 consultation with the department of education, shall
     9 44 convene a working group whose work shall be conducted
     9 45 over a three=year period to identify and recommend
     9 46 measures to improve Iowa's current teacher and
     9 47 administrator preparation and licensing practices.
     9 48 The working group shall review the current teacher and
     9 49 administrator preparation and licensing processes to
     9 50 identify essential standards to maintain quality
    10  1 preparation and licensing requirements for teachers
    10  2 and administrators.  The review shall also do the
    10  3 following:
    10  4    a.  Identify state laws and agency rules that are
    10  5 no longer essential to maintain quality.
    10  6    b.  Compare Iowa's teacher and administrator
    10  7 preparation and licensing practices with those of
    10  8 neighboring states, and identify those areas where
    10  9 Iowa's practices differ from, or are consistent with,
    10 10 the practices of the states neighboring Iowa.
    10 11    c.  Identify potential barriers preventing teacher
    10 12 and administrator candidates from neighboring states
    10 13 from applying for licensure in Iowa.
    10 14    d.  Review federal laws and regulations relating to
    10 15 teachers and teacher licensure in order to ensure
    10 16 compliance with federal laws and regulations,
    10 17 especially those relating to highly qualified
    10 18 teachers.
    10 19    2.  The working group shall consist of teachers,
    10 20 administrators, and representatives of the department
    10 21 of education, the state board of education, the board
    10 22 of educational examiners, and practitioner preparation
    10 23 institutions.
    10 24    3.  The working group shall annually submit its
    10 25 findings and recommendations to the chairpersons and
    10 26 ranking members of the senate and house standing
    10 27 education committees and the joint appropriations
    10 28 subcommittee on education by January 15.
    10 29    Sec. 9.  MINIMUM TEACHER SALARY REQUIREMENTS == FY
    10 30 2005=2006.
    10 31    1.  Notwithstanding section 284.7, subsection 1,
    10 32 paragraph "a", subparagraph (2), the minimum teacher
    10 33 salary paid by a school district or area education
    10 34 agency for purposes of teacher compensation in
    10 35 accordance with chapter 284, for the fiscal year
    10 36 beginning July 1, 2005, and ending June 30, 2006,
    10 37 shall be the minimum salary amount the school district
    10 38 or area education agency paid to a first=year
    10 39 beginning teacher or, the minimum salary amount the
    10 40 school district or area education agency would have
    10 41 paid a first=year beginning teacher if the school
    10 42 district or area education agency had participated in
    10 43 the program in the 2001=2002 school year, in
    10 44 accordance with section 284.7, subsection 1, Code
    10 45 Supplement 2001.  If the school district or area
    10 46 education agency did not employ a first=year beginning
    10 47 teacher in the 2001=2002 school year, the minimum
    10 48 salary is the amount that the district would have paid
    10 49 a first=year beginning teacher under chapter 284 in
    10 50 the 2001=2002 school year.
    11  1    2.  Notwithstanding section 284.7, subsection 1,
    11  2 paragraph "b", subparagraph (2), the minimum career
    11  3 teacher salary paid to a career teacher who was a
    11  4 beginning teacher in the 2004=2005 school year, by a
    11  5 school district or area education agency participating
    11  6 in the student achievement and teacher quality
    11  7 program, for the school year beginning July 1, 2005,
    11  8 and ending June 30, 2006, shall be, unless the school
    11  9 district has a minimum career teacher salary that
    11 10 exceeds thirty thousand dollars, one thousand dollars
    11 11 greater than the minimum salary amount the school
    11 12 district or area education agency paid to a first=year
    11 13 beginning teacher if the school district or area
    11 14 education agency participated in the program during
    11 15 the 2001=2002 school year, or the minimum salary
    11 16 amount the school district or area education agency
    11 17 would have paid a first=year beginning teacher if the
    11 18 school district or area education agency had
    11 19 participated in the program in the 2001=2002 school
    11 20 year, in accordance with section 284.7, subsection 1,
    11 21 Code Supplement 2001.
    11 22    3.  Notwithstanding section 284.7, subsection 1,
    11 23 paragraph "b", subparagraph (2), and except as
    11 24 provided in subsection 2, the minimum career teacher
    11 25 salary paid by a school district or area education
    11 26 agency participating in the student achievement and
    11 27 teacher quality program, for purposes of teacher
    11 28 compensation in accordance with chapter 284, for the
    11 29 school year beginning July 1, 2005, and ending June
    11 30 30, 2006, shall be the minimum salary amount the
    11 31 school district or area education agency paid to a
    11 32 career teacher if the school district or area
    11 33 education agency participated in the program during
    11 34 the 2001=2002 school year, or, the minimum salary
    11 35 amount the school district or area education agency
    11 36 would have paid a career teacher if the school
    11 37 district or area education agency had participated in
    11 38 the program in the 2001=2002 school year, in
    11 39 accordance with section 284.7, subsection 1, Code
    11 40 Supplement 2001.
    11 41                 STATE BOARD OF REGENTS
    11 42    Sec. 10.  There is appropriated from the general
    11 43 fund of the state to the state board of regents for
    11 44 the fiscal year beginning July 1, 2005, and ending
    11 45 June 30, 2006, the following amounts, or so much
    11 46 thereof as may be necessary, to be used for the
    11 47 purposes designated:
    11 48    1.  OFFICE OF STATE BOARD OF REGENTS
    11 49    a.  For salaries, support, maintenance,
    11 50 miscellaneous purposes, and for not more than the
    12  1 following full=time equivalent positions:
    12  2 .................................................. $  1,167,137
    12  3 ............................................... FTEs      16.00
    12  4    The state board of regents, the department of
    12  5 management, and the legislative services agency shall
    12  6 cooperate to determine and agree upon, by November 15,
    12  7 2005, the amount that needs to be appropriated for
    12  8 tuition replacement for the fiscal year beginning July
    12  9 1, 2006.
    12 10    The state board of regents shall submit a monthly
    12 11 financial report in a format agreed upon by the state
    12 12 board of regents office and the legislative services
    12 13 agency.
    12 14    b.  For allocation by the state board of regents to
    12 15 the state university of Iowa, the Iowa state
    12 16 university of science and technology, and the
    12 17 university of northern Iowa to reimburse the
    12 18 institutions for deficiencies in their operating funds
    12 19 resulting from the pledging of tuitions, student fees
    12 20 and charges, and institutional income to finance the
    12 21 cost of providing academic and administrative
    12 22 buildings and facilities and utility services at the
    12 23 institutions:
    12 24 .................................................. $ 13,975,431
    12 25    Notwithstanding section 8.33, funds appropriated
    12 26 for the purposes in this lettered paragraph remaining
    12 27 unencumbered or unobligated at the end of the fiscal
    12 28 year shall not revert but shall be available for
    12 29 expenditure for the purposes specified in this
    12 30 lettered paragraph during the subsequent fiscal year.
    12 31    c.  For funds to be allocated to the southwest Iowa
    12 32 graduate studies center:
    12 33 .................................................. $    105,956
    12 34    d.  For funds to be allocated to the siouxland
    12 35 interstate metropolitan planning council for the
    12 36 tristate graduate center under section 262.9,
    12 37 subsection 21:
    12 38 .................................................. $     77,941
    12 39    e.  For funds to be allocated to the quad=cities
    12 40 graduate studies center:
    12 41 .................................................. $    157,144
    12 42    f.  For funds for regents universities' general
    12 43 operating budgets:
    12 44 .................................................. $ 14,969,288
    12 45    The funds appropriated for purposes of this
    12 46 lettered paragraph are subject to the following
    12 47 allocations and requirements:
    12 48    (1)  The partnership for transformation and
    12 49 excellence is a four=year partnership plan created by
    12 50 the state board of regents for the purpose of
    13  1 enhancing the regents' strategic priorities for
    13  2 educational quality and public accountability.  Under
    13  3 the plan, Iowa students and families will be subject
    13  4 to moderate student tuition increases, and a clear and
    13  5 concise reallocation plan that may be audited will
    13  6 exist to strengthen the academic focus at the regents
    13  7 universities.  The reallocation plan will enhance the
    13  8 quality of the regents universities and provide both
    13  9 an incentive and an opportunity for university=wide
    13 10 reprioritization and reallocation of resources to the
    13 11 most important strategic areas.
    13 12    (2)  The funds shall be distributed by the board as
    13 13 outlined in the state board of regents partnership for
    13 14 transformation and excellence.  The funds may be used
    13 15 for any of the following purposes:
    13 16    (a)  Supporting new strategic initiatives.
    13 17    (b)  Meeting enrollment increases.
    13 18    (c)  Meeting the demand for new courses and
    13 19 services.
    13 20    (d)  Funding new but unavoidable or mandated cost
    13 21 increases.
    13 22    (e)  Supporting any other initiatives important to
    13 23 the core functions of the university.
    13 24    The funds may also be used for pay adjustments,
    13 25 expense reimbursements, and related benefits for state
    13 26 board of regents employees covered by a collective
    13 27 bargaining agreement and for state board of regents
    13 28 employees not covered by a collective bargaining
    13 29 agreement.  The board shall provide from other
    13 30 available sources any additional funding needed for
    13 31 such pay adjustments, expense reimbursements, and
    13 32 related benefits.
    13 33    (3)  The state board of regents shall annually set
    13 34 a target dollar amount or percentage figure of
    13 35 expected reallocation of resources for each
    13 36 university.  The universities shall report to the
    13 37 board on a semiannual basis regarding the actions
    13 38 taken relating to the reallocations.  Once funds have
    13 39 been reallocated, that amount shall not be redirected
    13 40 to the original entity or purpose unless extraordinary
    13 41 circumstances exist and an equivalent reallocation
    13 42 amount is increased for the same fiscal year.  A
    13 43 reallocation of resources may be made for any of the
    13 44 following purposes:
    13 45    (a)  Supporting new strategic initiatives.
    13 46    (b)  Meeting enrollment increases.
    13 47    (c)  Meeting the demand for new courses and
    13 48 services.
    13 49    (d)  Funding new but unavoidable or mandated cost
    13 50 increases.
    14  1    (e)  Supporting any other initiatives important to
    14  2 the core functions of the university.
    14  3    (4)  For the purposes of this lettered paragraph:
    14  4    (a)  "Entity" means a president, vice president, or
    14  5 a college, academic or nonacademic department,
    14  6 division, program, or other unit.
    14  7    (b)  "Reallocation of resources" means funds within
    14  8 the base budget of a university entity are removed by
    14  9 the administrator of that entity and redirected to
    14 10 another university entity or purpose.
    14 11    (5)  The state university of Iowa, the Iowa state
    14 12 university of science and technology, and the
    14 13 university of northern Iowa shall each generate
    14 14 matching internal reallocations in an amount equal to
    14 15 50 percent of the amounts received by the universities
    14 16 pursuant to this lettered paragraph.
    14 17    (6)  From the moneys allocated to the Iowa state
    14 18 university of science and technology pursuant to this
    14 19 lettered paragraph, an amount equal to $1,000,000
    14 20 shall be distributed to the college of veterinary
    14 21 medicine to reduce the operating fees charged by the
    14 22 veterinary diagnostic laboratory.  If Iowa state
    14 23 university of science and technology fails to
    14 24 distribute funds to the college of veterinary science
    14 25 in accordance with this paragraph, the moneys shall
    14 26 revert to the general fund of the state.
    14 27    g.  For funds to be distributed to the midwestern
    14 28 higher education compact to pay Iowa's member state
    14 29 annual obligation:
    14 30 .................................................. $     90,000
    14 31    2.  STATE UNIVERSITY OF IOWA
    14 32    a.  General university, including lakeside laboratory
    14 33    For salaries, support, maintenance, equipment,
    14 34 miscellaneous purposes, and for not more than the following
    14 35 full=time equivalent positions:
    14 36 .................................................. $220,131,572
    14 37 ............................................... FTEs   5,058.55
    14 38    It is the intent of the general assembly that the
    14 39 university continue progress on the school of public
    14 40 health and the public health initiative for the
    14 41 purposes of establishing an accredited school of
    14 42 public health and for funding an initiative for the
    14 43 health and independence of elderly Iowans.
    14 44    b.  University hospitals
    14 45    For salaries, support, maintenance, equipment, and
    14 46 miscellaneous purposes and for medical and surgical
    14 47 treatment of indigent patients as provided in chapter
    14 48 255, for medical education, and for not more than the
    14 49 following full=time equivalent positions:
    14 50 .................................................. $ 27,284,584
    15  1 ............................................... FTEs   6,877.34
    15  2    (1)  The university of Iowa hospitals and clinics
    15  3 shall, within the context of chapter 255 and when
    15  4 medically appropriate, make reasonable efforts to
    15  5 extend the university of Iowa hospitals and clinics'
    15  6 use of home telemedicine and other technologies to
    15  7 reduce the frequency of visits to the hospital
    15  8 required by the indigent patients.
    15  9    (2)  The university of Iowa hospitals and clinics
    15 10 shall submit quarterly a report regarding the portion
    15 11 of the appropriation in this lettered paragraph
    15 12 expended on medical education.  The report shall be
    15 13 submitted in a format jointly developed by the
    15 14 university of Iowa hospitals and clinics, the
    15 15 legislative services agency, and the department of
    15 16 management, and shall delineate the expenditures and
    15 17 purposes of the funds.
    15 18    (3)  Funds appropriated in this lettered paragraph
    15 19 shall not be used to perform abortions except
    15 20 medically necessary abortions, and shall not be used
    15 21 to operate the early termination of pregnancy clinic
    15 22 except for the performance of medically necessary
    15 23 abortions.  For the purpose of this lettered
    15 24 paragraph, an abortion is the purposeful interruption
    15 25 of pregnancy with the intention other than to produce
    15 26 a live=born infant or to remove a dead fetus, and a
    15 27 medically necessary abortion is one performed under
    15 28 one of the following conditions:
    15 29    (a)  The attending physician certifies that
    15 30 continuing the pregnancy would endanger the life of
    15 31 the pregnant woman.
    15 32    (b)  The attending physician certifies that the
    15 33 fetus is physically deformed, mentally deficient, or
    15 34 afflicted with a congenital illness.
    15 35    (c)  The pregnancy is the result of a rape which is
    15 36 reported within 45 days of the incident to a law
    15 37 enforcement agency or public or private health agency
    15 38 which may include a family physician.
    15 39    (d)  The pregnancy is the result of incest which is
    15 40 reported within 150 days of the incident to a law
    15 41 enforcement agency or public or private health agency
    15 42 which may include a family physician.
    15 43    (e)  The abortion is a spontaneous abortion,
    15 44 commonly known as a miscarriage, wherein not all of
    15 45 the products of conception are expelled.
    15 46    (4)  The total quota allocated to the counties for
    15 47 indigent patients for the fiscal year beginning July
    15 48 1, 2005, shall not be lower than the total quota
    15 49 allocated to the counties for the fiscal year
    15 50 commencing July 1, 1998.  The total quota shall be
    16  1 allocated among the counties on the basis of the 2000
    16  2 census pursuant to section 255.16.
    16  3    c.  Psychiatric hospital
    16  4    For salaries, support, maintenance, equipment,
    16  5 miscellaneous purposes, for the care, treatment, and
    16  6 maintenance of committed and voluntary public
    16  7 patients, and for not more than the following full=
    16  8 time equivalent positions:
    16  9 .................................................. $  7,043,056
    16 10 ............................................... FTEs     269.65
    16 11    d.  Center for disabilities and development
    16 12    For salaries, support, maintenance, miscellaneous
    16 13 purposes, and for not more than the following full=
    16 14 time equivalent positions:
    16 15 .................................................. $  6,363,265
    16 16 ............................................... FTEs     130.37
    16 17    From the funds appropriated in this lettered
    16 18 paragraph, $200,000 shall be allocated for purposes of
    16 19 the employment policy group.
    16 20    e.  Oakdale campus
    16 21    For salaries, support, maintenance, miscellaneous
    16 22 purposes, and for not more than the following full=
    16 23 time equivalent positions:
    16 24 .................................................. $  2,657,335
    16 25 ............................................... FTEs      38.25
    16 26    f.  State hygienic laboratory
    16 27    For salaries, support, maintenance, miscellaneous
    16 28 purposes, and for not more than the following full=
    16 29 time equivalent positions:
    16 30 .................................................. $  3,849,461
    16 31 ............................................... FTEs     102.50
    16 32    g.  Family practice program
    16 33    For allocation by the dean of the college of
    16 34 medicine, with approval of the advisory board, to
    16 35 qualified participants, to carry out chapter 148D for
    16 36 the family practice program, including salaries and
    16 37 support, and for not more than the following full=time
    16 38 equivalent positions:
    16 39 .................................................. $  2,075,948
    16 40 ............................................... FTEs     190.40
    16 41    h.  Child health care services
    16 42    For specialized child health care services,
    16 43 including childhood cancer diagnostic and treatment
    16 44 network programs, rural comprehensive care for
    16 45 hemophilia patients, and the Iowa high=risk infant
    16 46 follow=up program, including salaries and support, and
    16 47 for not more than the following full=time equivalent
    16 48 positions:
    16 49 .................................................. $    649,066
    16 50 ............................................... FTEs      57.97
    17  1    i.  Statewide cancer registry
    17  2    For the statewide cancer registry, and for not more
    17  3 than the following full=time equivalent positions:
    17  4 .................................................. $    178,739
    17  5 ............................................... FTEs       2.10
    17  6    j.  Substance abuse consortium
    17  7    For funds to be allocated to the Iowa consortium
    17  8 for substance abuse research and evaluation, and for
    17  9 not more than the following full=time equivalent
    17 10 position:
    17 11 .................................................. $     64,871
    17 12 ............................................... FTEs       1.00
    17 13    k.  Center for biocatalysis
    17 14    For the center for biocatalysis, and for not more
    17 15 than the following full=time equivalent positions:
    17 16 .................................................. $    881,384
    17 17 ............................................... FTEs       6.28
    17 18    l.  Primary health care initiative
    17 19    For the primary health care initiative in the
    17 20 college of medicine and for not more than the
    17 21 following full=time equivalent positions:
    17 22 .................................................. $    759,875
    17 23 ............................................... FTEs       5.89
    17 24    From the funds appropriated in this lettered
    17 25 paragraph, $330,000 shall be allocated to the
    17 26 department of family practice at the state university
    17 27 of Iowa college of medicine for family practice
    17 28 faculty and support staff.
    17 29    m.  Birth defects registry
    17 30    For the birth defects registry and for not more
    17 31 than the following full=time equivalent position:
    17 32 .................................................. $     44,636
    17 33 ............................................... FTEs       1.00
    17 34    3.  IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY
    17 35    a.  General university
    17 36    For salaries, support, maintenance, equipment,
    17 37 miscellaneous purposes, and for not more than the
    17 38 following full=time equivalent positions:
    17 39 .................................................. $173,269,729
    17 40 ............................................... FTEs   3,647.42
    17 41    It is the intent of the general assembly that the
    17 42 university continue progress on the center for
    17 43 excellence in fundamental plant sciences.
    17 44    b.  Agricultural experiment station
    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 .................................................. $ 31,019,520
    17 49 ............................................... FTEs     546.98
    17 50    c.  Cooperative extension service in agriculture
    18  1 and home economics
    18  2    For salaries, support, maintenance, miscellaneous
    18  3 purposes, and for not more than the following full=
    18  4 time equivalent positions:
    18  5 .................................................. $ 19,738,432
    18  6 ............................................... FTEs     383.34
    18  7    d.  Leopold center
    18  8    For agricultural research grants at Iowa state
    18  9 university under section 266.39B, and for not more
    18 10 than the following full=time equivalent positions:
    18 11 .................................................. $    464,319
    18 12 ............................................... FTEs      11.25
    18 13    e.  Livestock disease research
    18 14    For deposit in and the use of the livestock disease
    18 15 research fund under section 267.8:
    18 16 .................................................. $    220,708
    18 17    4.  UNIVERSITY OF NORTHERN IOWA
    18 18    a.  General university
    18 19    For salaries, support, maintenance, equipment,
    18 20 miscellaneous purposes, and for not more than the
    18 21 following full=time equivalent positions:
    18 22 .................................................. $ 77,831,821
    18 23 ............................................... FTEs   1,398.01
    18 24    It is the intent of the general assembly that the
    18 25 university continue to allocate funds for a masters in
    18 26 social work program, the roadside vegetation project,
    18 27 and the Iowa office for staff development.
    18 28    b.  Recycling and reuse center
    18 29    For purposes of the recycling and reuse center, and
    18 30 for not more than the following full=time equivalent
    18 31 positions:
    18 32 .................................................. $    211,858
    18 33 ............................................... FTEs       3.00
    18 34    5.  STATE SCHOOL FOR THE DEAF
    18 35    For salaries, support, maintenance, miscellaneous
    18 36 purposes, and for not more than the following full=
    18 37 time equivalent positions:
    18 38 .................................................. $  8,810,471
    18 39 ............................................... FTEs     126.60
    18 40    6.  IOWA BRAILLE AND SIGHT SAVING SCHOOL
    18 41    For salaries, support, maintenance, miscellaneous
    18 42 purposes, and for not more than the following full=
    18 43 time equivalent positions:
    18 44 .................................................. $  4,930,295
    18 45 ............................................... FTEs      81.00
    18 46    7.  TUITION AND TRANSPORTATION COSTS
    18 47    For payment to local school boards for the tuition
    18 48 and transportation costs of students residing in the
    18 49 Iowa braille and sight saving school and the state
    18 50 school for the deaf pursuant to section 262.43 and for
    19  1 payment of certain clothing, prescription, and
    19  2 transportation costs for students at these schools
    19  3 pursuant to section 270.5:
    19  4 .................................................. $     15,020
    19  5    Sec. 11.  INSTITUTE FOR TOMORROW'S WORKFORCE.
    19  6 There is appropriated from the general fund of the
    19  7 state to the department of management for allocation
    19  8 to the institute for tomorrow's workforce created
    19  9 under chapter 7K, if enacted by this Act, for the
    19 10 fiscal year beginning July 1, 2005, and ending June
    19 11 30, 2006, the following amount, or so much thereof as
    19 12 is necessary, to be used for the purposes designated:
    19 13    For the activities of the institute created
    19 14 pursuant to section 7K.1, and subject to the matching
    19 15 fund requirement of that section, if enacted:
    19 16 .................................................. $    250,000
    19 17    Sec. 12.  MEDICAL ASSISTANCE == SUPPLEMENTAL
    19 18 AMOUNTS.  For the fiscal year beginning July 1, 2005,
    19 19 and ending June 30, 2006, the department of human
    19 20 services shall continue the supplemental
    19 21 disproportionate share and a supplemental indirect
    19 22 medical education adjustment applicable to state=
    19 23 owned acute care hospitals with more than 500 beds and
    19 24 shall reimburse qualifying hospitals pursuant to that
    19 25 adjustment with a supplemental amount for services
    19 26 provided medical assistance recipients.  The
    19 27 adjustment shall generate supplemental payments
    19 28 intended to equal the state appropriation made to a
    19 29 qualifying hospital for treatment of indigent patients
    19 30 as provided in chapter 255.  To the extent of the
    19 31 supplemental payments, a qualifying hospital shall,
    19 32 after receipt of the funds, transfer to the department
    19 33 of human services an amount equal to the actual
    19 34 supplemental payments that were made in that month.
    19 35 The aggregate amounts for the fiscal year shall not
    19 36 exceed the state appropriation made to the qualifying
    19 37 hospital for treatment of indigent patients as
    19 38 provided in chapter 255.  The department of human
    19 39 services shall deposit these funds in the department's
    19 40 medical assistance account.  To the extent that state
    19 41 funds appropriated to a qualifying hospital for the
    19 42 treatment of indigent patients as provided in chapter
    19 43 255 have been transferred to the department of human
    19 44 services as a result of these supplemental payments
    19 45 made to the qualifying hospital, the department shall
    19 46 not, directly or indirectly, recoup the supplemental
    19 47 payments made to a qualifying hospital for any reason,
    19 48 unless an equivalent amount of the funds transferred
    19 49 to the department of human services by a qualifying
    19 50 hospital pursuant to this provision is transferred to
    20  1 the qualifying hospital by the department.
    20  2    If the state supplemental amount allotted to the
    20  3 state of Iowa for the federal fiscal year beginning
    20  4 October 1, 2005, and ending September 30, 2006,
    20  5 pursuant to section 1923(f)(3) of the federal Social
    20  6 Security Act, as amended, or pursuant to federal
    20  7 payments for indirect medical education is greater
    20  8 than the amount necessary to fund the federal share of
    20  9 the supplemental payments specified in the preceding
    20 10 paragraph, the department of human services shall
    20 11 increase the supplemental disproportionate share or
    20 12 supplemental indirect medical education adjustment by
    20 13 the lesser of the amount necessary to utilize fully
    20 14 the state supplemental amount or the amount of state
    20 15 funds appropriated to the state university of Iowa
    20 16 general education fund and allocated to the university
    20 17 for the college of medicine.  The state university of
    20 18 Iowa shall transfer from the allocation for the
    20 19 college of medicine to the department of human
    20 20 services, on a monthly basis, an amount equal to the
    20 21 additional supplemental payments made during the
    20 22 previous month pursuant to this paragraph.  A
    20 23 qualifying hospital receiving supplemental payments
    20 24 pursuant to this paragraph that are greater than the
    20 25 state appropriation made to the qualifying hospital
    20 26 for treatment of indigent patients as provided in
    20 27 chapter 255 shall be obligated as a condition of its
    20 28 participation in the medical assistance program to
    20 29 transfer to the state university of Iowa general
    20 30 education fund on a monthly basis an amount equal to
    20 31 the funds transferred by the state university of Iowa
    20 32 to the department of human services.  To the extent
    20 33 that state funds appropriated to the state university
    20 34 of Iowa and allocated to the college of medicine have
    20 35 been transferred to the department of human services
    20 36 as a result of these supplemental payments made to the
    20 37 qualifying hospital, the department shall not,
    20 38 directly or indirectly, recoup these supplemental
    20 39 payments made to a qualifying hospital for any reason,
    20 40 unless an equivalent amount of the funds transferred
    20 41 to the department of human services by the state
    20 42 university of Iowa pursuant to this paragraph is
    20 43 transferred to the qualifying hospital by the
    20 44 department.
    20 45    Continuation of the supplemental disproportionate
    20 46 share and supplemental indirect medical education
    20 47 adjustment shall preserve the funds available to the
    20 48 university hospital for medical and surgical treatment
    20 49 of indigent patients as provided in chapter 255 and to
    20 50 the state university of Iowa for educational purposes
    21  1 at the same level as provided by the state funds
    21  2 initially appropriated for that purpose.
    21  3    The department of human services shall, in any
    21  4 compilation of data or other report distributed to the
    21  5 public concerning payments to providers under the
    21  6 medical assistance program, set forth reimbursements
    21  7 to a qualifying hospital through the supplemental
    21  8 disproportionate share and supplemental indirect
    21  9 medical education adjustment as a separate item and
    21 10 shall not include such payments in the amounts
    21 11 otherwise reported as the reimbursement to a
    21 12 qualifying hospital for services to medical assistance
    21 13 recipients.
    21 14    For purposes of this section, "supplemental
    21 15 payment" means a supplemental payment amount paid for
    21 16 medical assistance to a hospital qualifying for that
    21 17 payment under this section.
    21 18    Sec. 13.  For the fiscal year beginning July 1,
    21 19 2005, and ending June 30, 2006, the state board of
    21 20 regents may use notes, bonds, or other evidences of
    21 21 indebtedness issued under section 262.48 to finance
    21 22 projects that will result in energy cost savings in an
    21 23 amount that will cause the state board to recover the
    21 24 cost of the projects within an average of six years.
    21 25    Sec. 14.  Notwithstanding section 270.7, the
    21 26 department of administrative services shall pay the
    21 27 state school for the deaf and the Iowa braille and
    21 28 sight saving school the moneys collected from the
    21 29 counties during the fiscal year beginning July 1,
    21 30 2005, for expenses relating to prescription drug costs
    21 31 for students attending the state school for the deaf
    21 32 and the Iowa braille and sight saving school.
    21 33    Sec. 15.  NEW SECTION.  7K.1  INSTITUTE FOR
    21 34 TOMORROW'S WORKFORCE.
    21 35    1.  FINDINGS.  The general assembly finds that
    21 36 Iowa's children are this state's greatest asset and to
    21 37 improve the future for Iowa's children, it is
    21 38 necessary to focus elementary, secondary, and
    21 39 postsecondary education efforts on what children need
    21 40 to know to be successful students and successful
    21 41 participants in Iowa's global workforce.  Iowa's state
    21 42 community and business leaders are at the forefront of
    21 43 this ongoing conversation.  The general assembly
    21 44 further finds that the creation of an institute for
    21 45 tomorrow's workforce provides a long=term forum for
    21 46 bold, innovative recommendations to improve Iowa's
    21 47 education system to meet the workforce needs of Iowa's
    21 48 new economy.
    21 49    2.  INSTITUTE ESTABLISHED == DUTIES.  An institute
    21 50 for tomorrow's workforce is created as an independent
    22  1 agency, which shall, at a minimum, do the following:
    22  2    a.  Review educational standards to determine
    22  3 relevance and rigor necessary for continuous
    22  4 improvement in student achievement and meeting
    22  5 workforce needs.
    22  6    b.  Identify jobs skills and corresponding high
    22  7 school coursework necessary to achieve success in the
    22  8 Iowa workforce.
    22  9    c.  Review the state's education accountability
    22 10 measures, including but not limited to student
    22 11 proficiency and individual and organization program
    22 12 accountability.
    22 13    d.  Identify state and local barriers to improved
    22 14 student achievement and student success as well as
    22 15 barriers to sharing among and within all areas of
    22 16 Iowa's education system.
    22 17    e.  Identify effective education structure and
    22 18 delivery models that promote optimum student
    22 19 achievement opportunities for all Iowa students that
    22 20 include, but are not limited to, the role of
    22 21 technology.
    22 22    f.  Serve as a clearinghouse for existing and
    22 23 emerging innovative educational sharing and
    22 24 collaborative efforts among and between Iowa's
    22 25 secondary education system as well as Iowa's
    22 26 postsecondary education system.
    22 27    g.  Promote partnerships between private sector
    22 28 business and all areas of Iowa's education system.
    22 29    h.  Promote partnerships between other Iowa
    22 30 governance structures including, but not limited to,
    22 31 cities and counties, and all areas of Iowa's education
    22 32 system.
    22 33    i.  Identify ways to reduce the achievement gap
    22 34 between white and non=white, non=Asian students.
    22 35    3.  MEMBERSHIP.  The board of directors of the
    22 36 institute for tomorrow's workforce shall consist of
    22 37 fifteen members serving staggered three=year terms
    22 38 beginning on May 1 of the year of appointment who
    22 39 shall be appointed as follows:
    22 40    a.  Five members shall be appointed by the governor
    22 41 as follows:
    22 42    (1)  A school district superintendent from a school
    22 43 district with enrollment of one thousand one hundred
    22 44 forty=nine or fewer pupils.
    22 45    (2)  An individual representing an Iowa business
    22 46 employing more than two hundred fifty employees.
    22 47    (3)  A community college president.
    22 48    (4)  An individual representing labor and workforce
    22 49 interests.
    22 50    (5)  An individual representing an Iowa agriculture
    23  1 association.
    23  2    b.  Five members shall be appointed by the speaker
    23  3 of the house of representatives as follows:
    23  4    (1)  An individual representing the area education
    23  5 agencies.
    23  6    (2)  The president of an accredited private
    23  7 institution as defined in section 261.9.
    23  8    (3)  An individual representing an Iowa business
    23  9 employing more than fifty employees but less than two
    23 10 hundred fifty employees.
    23 11    (4)  An individual representing urban economic
    23 12 development interests.
    23 13    (5)  An individual from an association representing
    23 14 Iowa businesses.
    23 15    c.  Five members shall be appointed by the
    23 16 president of the senate as follows:
    23 17    (1)  A school district superintendent from a school
    23 18 district with an enrollment of more than one thousand
    23 19 one hundred forty=nine pupils.
    23 20    (2)  A president of an institution of higher
    23 21 education under the control of the state board of
    23 22 regents.
    23 23    (3)  An individual representing an Iowa business
    23 24 employing fifty or fewer employees.
    23 25    (4)  An individual representing rural economic
    23 26 development interests.
    23 27    (5)  An individual representing a business that
    23 28 established itself in Iowa on or after July 1, 1999.
    23 29    Members, except as provided in paragraph "c",
    23 30 subparagraph (2), shall not be employed by the state.
    23 31 One co=chairperson shall be appointed by the speaker
    23 32 of the house of representatives and one co=chairperson
    23 33 shall be appointed by the president of the senate.
    23 34    4.  MATCHING FUNDS REQUIREMENT.  Moneys
    23 35 appropriated by the general assembly for purposes of
    23 36 the institute for tomorrow's workforce shall be
    23 37 allocated only to the extent that the state moneys are
    23 38 matched from other sources by the institute on a
    23 39 dollar=for=dollar basis.
    23 40    5.  REPORTING REQUIREMENTS.  The institute for
    23 41 tomorrow's workforce shall submit its findings and
    23 42 recommendations by January 15 annually in a report to
    23 43 the governor, the speaker of the house of
    23 44 representatives, the president of the senate, the
    23 45 state board of education, the state board of regents,
    23 46 the department of workforce development, the
    23 47 department of economic development, the Iowa
    23 48 association of community college trustees, the college
    23 49 student aid commission, the Iowa association of
    23 50 independent colleges and universities, and
    24  1 associations representing school boards, nonpublic
    24  2 schools, area education agencies, and teachers.  The
    24  3 report shall include an accounting of the revenues and
    24  4 expenditures of the institute.
    24  5    6.  This chapter is repealed effective July 1,
    24  6 2015.
    24  7    Sec. 16.  Section 256.9, Code 2005, is amended by
    24  8 adding the following new subsection:
    24  9    NEW SUBSECTION.  53.  Develop and make available to
    24 10 school districts, examples of age=appropriate
    24 11 materials and lists of resources which parents may use
    24 12 to teach their children to recognize unwanted physical
    24 13 and verbal sexual advances, to not make unwanted
    24 14 physical and verbal sexual advances, to effectively
    24 15 reject unwanted sexual advances, that it is wrong to
    24 16 take advantage of or exploit another person, and about
    24 17 counseling, medical, and legal resources available to
    24 18 survivors of sexual abuse and sexual assault,
    24 19 including resources for escaping violent
    24 20 relationships.  The materials and resources shall
    24 21 cover verbal, physical, and visual sexual harassment,
    24 22 including nonconsensual sexual advances, and
    24 23 nonconsensual physical sexual contact.  In developing
    24 24 the materials and resource list, the director shall
    24 25 consult with entities that shall include, but not be
    24 26 limited to, the departments of human services, public
    24 27 health, and public safety, education stakeholders, and
    24 28 parent=teacher organizations.  School districts shall
    24 29 provide age=appropriate materials and a list of
    24 30 available community and web=based resources to parents
    24 31 at registration and shall also include the age=
    24 32 appropriate materials and resource list in the student
    24 33 handbook.  School districts are encouraged to work
    24 34 with their communities to provide voluntary parent
    24 35 education sessions to provide parents with the skills
    24 36 and appropriate strategies to teach their children as
    24 37 described in this subsection.  School districts shall
    24 38 incorporate the age=appropriate materials into
    24 39 relevant curricula and shall reinforce the importance
    24 40 of preventive measures when reasonable with parents
    24 41 and students.
    24 42    Sec. 17.  Section 257.14, subsection 3, unnumbered
    24 43 paragraph 2, is amended by striking the unnumbered
    24 44 paragraph.
    24 45    Sec. 18.  Section 257B.1B, subsection 1, Code 2005,
    24 46 is amended to read as follows:
    24 47    1.  Fifty=five For the fiscal year beginning July
    24 48 1, 2004, and each succeeding fiscal year, fifty=five
    24 49 percent of the moneys deposited in the fund to the
    24 50 department of education for allocation to the Iowa
    25  1 reading recovery center council to assist school
    25  2 districts in developing reading recovery and literacy
    25  3 programs.  The Iowa reading recovery council shall use
    25  4 the area education agency unified budget as its fiscal
    25  5 agent for grant moneys and for other moneys
    25  6 administered by the council.
    25  7    Sec. 19.  Section 261.9, subsection 1, paragraph b,
    25  8 Code 2005, is amended to read as follows:
    25  9    b.  Is accredited by the north central association
    25 10 of colleges and secondary schools accrediting agency
    25 11 based on their requirements, is exempt from taxation
    25 12 under section 501(c)(3) of the Internal Revenue Code,
    25 13 and annually provides a matching aggregate amount of
    25 14 institutional financial aid equal to at least seventy=
    25 15 five percent of the amount received in a fiscal year
    25 16 by the institution's students for Iowa tuition grant
    25 17 assistance under this chapter.  Commencing with the
    25 18 fiscal year beginning July 1, 2005 2006, the matching
    25 19 aggregate amount of institutional financial aid shall
    25 20 increase by the percentage of increase each fiscal
    25 21 year of funds appropriated for Iowa tuition grants
    25 22 under section 261.25, subsection 1, to a maximum match
    25 23 of one hundred percent.  The institution shall file
    25 24 annual reports with the commission prior to receipt of
    25 25 tuition grant moneys under this chapter.  An
    25 26 institution whose income is not exempt from taxation
    25 27 under section 501(c) of the Internal Revenue Code and
    25 28 whose students were eligible to receive Iowa tuition
    25 29 grant money in the fiscal year beginning July 1, 2003,
    25 30 shall meet the match requirements of this paragraph no
    25 31 later than June 30, 2005.
    25 32    Sec. 20.  Section 261.25, subsection 1, Code 2005,
    25 33 is amended to read as follows:
    25 34    1.  There is appropriated from the general fund of
    25 35 the state to the commission for each fiscal year the
    25 36 following:
    25 37    a.  The sum of forty=seven forty=four million one
    25 38 eight hundred fifty=seven fifty=five thousand five
    25 39 nine hundred fifteen sixty=nine dollars for tuition
    25 40 grants for distribution to qualified students enrolled
    25 41 at accredited private institutions that are exempt
    25 42 from taxation under section 501(c)(3) of the Internal
    25 43 Revenue Code.
    25 44    b.  From the funds appropriated in this subsection,
    25 45 not more than three The sum of four million four eight
    25 46 hundred seventeen thousand six hundred six dollars may
    25 47 be distributed to for distribution to qualified
    25 48 students enrolled at accredited private institutions
    25 49 whose income is not exempt from taxation under section
    25 50 501(c) of the Internal Revenue Code and whose students
    26  1 were eligible to receive Iowa tuition grant moneys in
    26  2 the fiscal year beginning July 1, 2003.  A for=profit
    26  3 institution which, effective March 9, 2005, purchased
    26  4 an accredited private institution that was exempt from
    26  5 taxation under section 501(c) of the Internal Revenue
    26  6 Code, shall be an eligible institution under the Iowa
    26  7 tuition grant program.
    26  8    If an accredited private institution has an average
    26  9 default rate of ten percent or more within the most
    26 10 recent consecutive three=year period as determined by
    26 11 the commission using the official cohort default rates
    26 12 for schools released annually by the United States
    26 13 department of education, the total amount of tuition
    26 14 grant moneys calculated by the commission for award to
    26 15 qualified students enrolled in the accredited private
    26 16 institution shall be reduced by one percent for each
    26 17 one=tenth of a percentage point in which the
    26 18 institution exceeds the ten percent default average.
    26 19 The sum of the moneys retained by the commission as a
    26 20 result of the reduction shall be redistributed by the
    26 21 commission on a pro rata basis under the state student
    26 22 aid programs administered by the commission.
    26 23    Sec. 21.  Section 262.9, subsection 18, Code 2005,
    26 24 is amended to read as follows:
    26 25    18.  Not less than thirty days prior to action by
    26 26 the board on any proposal to increase tuition, fees,
    26 27 or charges at one or more of the institutions of
    26 28 higher education under its control, send written
    26 29 notification of the amount of the proposed increase
    26 30 including a copy of the proposed tuition increase
    26 31 docket memorandum prepared for its consideration to
    26 32 the presiding officers of the student government
    26 33 organization of the affected institutions.  The final
    26 34 decision on an increase in tuition or mandatory fees
    26 35 charged to all students at an institution for a fiscal
    26 36 year shall be made at a no later than the regular
    26 37 meeting held in November of the preceding fiscal year
    26 38 and shall be reflected in a final docket memorandum
    26 39 that states the estimated total cost of attending each
    26 40 of the institutions of higher education under the
    26 41 board's control.  The regular meeting held in November
    26 42 shall be held in Ames, Cedar Falls, or Iowa City and
    26 43 shall not be held during a the period in which classes
    26 44 have been suspended for university holiday or break
    26 45 Thanksgiving vacation.
    26 46    Sec. 22.  NEW SECTION.  272.29  ANNUAL
    26 47 ADMINISTRATIVE RULES REVIEW.
    26 48    The executive director shall annually review the
    26 49 administrative rules adopted pursuant to this chapter
    26 50 and related state laws.  The executive director shall
    27  1 annually submit the executive director's findings and
    27  2 recommendations in a report to the board and the
    27  3 chairpersons and ranking members of the senate and
    27  4 house standing committees on education and the joint
    27  5 appropriations subcommittee on education by January
    27  6 15.
    27  7    Sec. 23.  Section 284.13, subsection 1, paragraphs
    27  8 a through c, Code 2005, are amended to read as
    27  9 follows:
    27 10    a.  For each fiscal year in the fiscal period
    27 11 beginning July 1, 2003, and ending June 30, 2005 2006,
    27 12 the department shall reserve up to five hundred
    27 13 thousand dollars of any moneys appropriated for
    27 14 purposes of this chapter.  For each fiscal year in
    27 15 which moneys are appropriated by the general assembly
    27 16 for purposes of team=based variable pay pursuant to
    27 17 section 284.11, the amount of moneys allocated to
    27 18 school districts shall be in the proportion that the
    27 19 basic enrollment of a school district bears to the sum
    27 20 of the basic enrollments of all participating school
    27 21 districts for the budget year.  However, the per pupil
    27 22 amount distributed to a school district under the
    27 23 pilot program shall not exceed one hundred dollars.
    27 24    b.  For the fiscal year beginning July 1, 2004
    27 25 2005, and ending June 30, 2005 2006, to the department
    27 26 of education, the amount of one two million one
    27 27 hundred thousand dollars for the issuance of national
    27 28 board certification awards in accordance with section
    27 29 256.44.
    27 30    c.  For the fiscal year beginning July 1, 2004
    27 31 2005, and succeeding fiscal years, an amount up to
    27 32 three four million five one hundred thousand dollars
    27 33 for first=year and second=year beginning teachers, to
    27 34 the department of education for distribution to school
    27 35 districts for purposes of the beginning teacher
    27 36 mentoring and induction programs.  A school district
    27 37 shall receive one thousand three hundred dollars per
    27 38 beginning teacher participating in the program.  If
    27 39 the funds appropriated for the program are
    27 40 insufficient to pay mentors and school districts as
    27 41 provided in this paragraph, the department shall
    27 42 prorate the amount distributed to school districts
    27 43 based upon the amount appropriated.  Moneys received
    27 44 by a school district pursuant to this paragraph shall
    27 45 be expended to provide each mentor with an award of
    27 46 five hundred dollars per semester, at a minimum, for
    27 47 participation in the school district's beginning
    27 48 teacher mentoring and induction program; to implement
    27 49 the plan; and to pay any applicable costs of the
    27 50 employer's share of contributions to federal social
    28  1 security and the Iowa public employees' retirement
    28  2 system or a pension and annuity retirement system
    28  3 established under chapter 294, for such amounts paid
    28  4 by the district.
    28  5    Sec. 24.  Section 284.13, subsection 1, paragraph
    28  6 e, Code 2005, is amended to read as follows:
    28  7    e.  For the fiscal year beginning July 1, 2004
    28  8 2005, and ending June 30, 2005 2006, up to two one
    28  9 hundred fifty eighty=five thousand dollars to the
    28 10 department of education for purposes of implementing
    28 11 the career development program requirements of section
    28 12 284.6, and the review panel requirements of section
    28 13 284.9.  From the moneys allocated to the department
    28 14 pursuant to this paragraph, not less than seventy=
    28 15 five ten thousand dollars shall be used to administer
    28 16 the ambassador to education position in accordance
    28 17 with section 256.45 distributed to the board of
    28 18 educational examiners for purposes of convening an
    28 19 educator licensing review working group.  A portion of
    28 20 the funds allocated to the department for purposes of
    28 21 this paragraph may be used by the department for
    28 22 administrative purposes.  Notwithstanding section
    28 23 8.33, moneys allocated for purposes of this paragraph
    28 24 prior to July 1, 2004, which remain unobligated or
    28 25 unexpended at the end of the fiscal year for which the
    28 26 moneys were appropriated, shall remain available for
    28 27 expenditure for the purposes for which they were
    28 28 allocated, for the fiscal year beginning July 1, 2004,
    28 29 and ending June 30, 2005.
    28 30    Sec. 25.  Section 284.13, subsection 1, Code 2005,
    28 31 is amended by adding the following new paragraph:
    28 32    NEW PARAGRAPH.  dd.  For the fiscal year beginning
    28 33 July 1, 2005, and ending June 30, 2006, up to
    28 34 seventeen million eight hundred thousand dollars to
    28 35 the department of education for use by school
    28 36 districts to add two additional teacher contract days
    28 37 to the school calendar.  Prior to receiving funds
    28 38 under this paragraph, a school district shall submit
    28 39 for approval to the department the school district's
    28 40 professional development plan for use of the moneys.
    28 41 From the moneys allocated to the department pursuant
    28 42 to this paragraph, not less than seventy=five thousand
    28 43 dollars shall be used to administer the ambassador to
    28 44 education position in accordance with section 256.45
    28 45 and the reporting and plan requirements of this
    28 46 subsection shall not apply to this allocation.  The
    28 47 department shall submit a report on school district
    28 48 use of the moneys distributed pursuant to this
    28 49 paragraph to the chairpersons and ranking members of
    28 50 the house and senate standing committees on education,
    29  1 the joint appropriations subcommittee on education,
    29  2 and the legislative services agency not later than
    29  3 January 15, 2006.
    29  4    Sec. 26.  Section 423E.4, subsection 6, unnumbered
    29  5 paragraph 1, Code 2005, is amended to read as follows:
    29  6    A school district with a certified enrollment of
    29  7 fewer than two hundred fifty pupils in the entire
    29  8 district or certified enrollment of fewer than one
    29  9 hundred pupils in high school shall not expend the
    29 10 supplemental school infrastructure amount received for
    29 11 new construction or for payments for bonds issued for
    29 12 new construction against the supplemental school
    29 13 infrastructure amount without prior application to the
    29 14 department of education and receipt of a certificate
    29 15 of need pursuant to this subsection.  However, a
    29 16 certificate of need is not required for the payment of
    29 17 outstanding bonds issued for new construction pursuant
    29 18 to section 296.1, before April 1, 2003.  A certificate
    29 19 of need is also not required for repairing
    29 20 schoolhouses or buildings, equipment, technology, or
    29 21 transportation equipment for transporting students as
    29 22 provided in section 298.3, or for construction
    29 23 necessary for compliance with the federal Americans
    29 24 With Disabilities Act pursuant to 42 U.S.C. }
    29 25 12101==12117.  In determining whether a certificate of
    29 26 need shall be issued or denied, the department shall
    29 27 consider all of the following:
    29 28    Sec. 27.  Section 423E.5, unnumbered paragraph 1,
    29 29 Code 2005, is amended to read as follows:
    29 30    The board of directors of a school district shall
    29 31 be authorized to issue negotiable, interest=bearing
    29 32 school bonds, without election, and utilize tax
    29 33 receipts derived from the sales and services tax for
    29 34 school infrastructure purposes and the supplemental
    29 35 school infrastructure amount distributed pursuant to
    29 36 section 423E.4, subsection 2, paragraph "b", for
    29 37 principal and interest repayment.  Proceeds of the
    29 38 bonds issued pursuant to this section shall be
    29 39 utilized solely for school infrastructure needs as
    29 40 school infrastructure is defined in section 423E.1,
    29 41 subsection 3.  Bonds issued under this section may be
    29 42 sold at public or private sale as provided in chapter
    29 43 75, or at private sale, without notice and hearing as
    29 44 provided in section 73A.l2.  Bonds may bear dates,
    29 45 bear interest at rates not exceeding that permitted by
    29 46 chapter 74A, mature in one or more installments, be in
    29 47 registered form, carry registration and conversion
    29 48 privileges, be payable as to principal and interest at
    29 49 times and places, be subject to terms of redemption
    29 50 prior to maturity with or without premium, and be in
    30  1 one or more denominations, all as provided by the
    30  2 resolution of the board of directors authorizing their
    30  3 issuance.  The resolution may also prescribe
    30  4 additional provisions, terms, conditions, and
    30  5 covenants which the board of directors deems
    30  6 advisable, including provisions for creating and
    30  7 maintaining reserve funds, the issuance of additional
    30  8 bonds ranking on a parity with such bonds and
    30  9 additional bonds junior and subordinate to such bonds,
    30 10 and that such bonds shall rank on a parity with or be
    30 11 junior and subordinate to any bonds which may be then
    30 12 outstanding.  Bonds may be issued to refund
    30 13 outstanding and previously issued bonds under this
    30 14 section.  Local option sales and services tax revenue
    30 15 bonds are a contract between the school district and
    30 16 holders, and the resolution issuing the bonds and
    30 17 pledging local option sales and services tax revenues
    30 18 to the payment of principal and interest on the bonds
    30 19 is a part of the contract.  Bonds issued pursuant to
    30 20 this section shall not constitute indebtedness within
    30 21 the meaning of any constitutional or statutory debt
    30 22 limitation or restriction, and shall not be subject to
    30 23 any other law relating to the authorization, issuance,
    30 24 or sale of bonds.
    30 25    Sec. 28.  BUDGET GUARANTEE RESOLUTION == RESOLUTION
    30 26 ADOPTION EXTENSION.  Notwithstanding the provisions of
    30 27 section 257.14, subsection 3, unnumbered paragraph 3,
    30 28 a school district that wishes to receive a budget
    30 29 adjustment pursuant to that subsection for the school
    30 30 budget year beginning July 1, 2005, shall have until
    30 31 June 1, 2005, to adopt a resolution to receive the
    30 32 budget adjustment and to notify the department of
    30 33 management of the adoption of the resolution and the
    30 34 amount of the budget adjustment to be received.
    30 35    Sec. 29.  EFFECTIVE DATES.
    30 36    1.  The section of this Act that amends section
    30 37 257B.1B, being deemed of immediate importance, takes
    30 38 effect upon enactment.
    30 39    2.  The section of this Act that amends section
    30 40 257.14, subsection 3, unnumbered paragraph 2, being
    30 41 deemed of immediate importance, takes effect upon
    30 42 enactment.
    30 43    3.  The section of this Act providing an extension
    30 44 of time for adoption of a budget adjustment resolution
    30 45 pursuant to section 257.14, subsection 3, for a budget
    30 46 adjustment for the school budget year beginning July
    30 47 1, 2005, being deemed of immediate importance, takes
    30 48 effect upon enactment.
    30 49    Sec. 30.  RETROACTIVE APPLICABILITY DATES.
    30 50    1.  The section of this Act amending section 262.9,
    31  1 subsection 18, being deemed of immediate importance,
    31  2 takes effect upon enactment and applies retroactively
    31  3 to July 1, 2004.  However, for the fiscal year
    31  4 beginning July 1, 2005, the final decision on an
    31  5 increase in tuition or mandatory fees charged to all
    31  6 students at an institution pursuant to section 262.9,
    31  7 subsection 18, as amended by this Act, shall be made
    31  8 at the regular meeting of the board of regents held in
    31  9 December 2004.
    31 10    2.  The section of this Act amending section
    31 11 423E.5, being deemed of immediate importance, takes
    31 12 effect upon enactment and applies retroactively to
    31 13 July 1, 2004.>
    31 14 #2.  Title page, by striking line 5, and inserting
    31 15 the following:  <regents, and providing for properly
    31 16 related matters and including effective and
    31 17 retroactive applicability date provisions.>
    31 18 #3.  By renumbering, redesignating, and correcting
    31 19 internal references as necessary.
    31 20
    31 21
    31 22                               
    31 23 CHAMBERS of O'Brien
    31 24 HF 816.327 81
    31 25 kh/cf/2466

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