House Amendment 8290 PAG LIN 1 1 Amend Senate File 2329, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 <Sec. . Section 256D.2, Code 2007, is amended 1 6 to read as follows: 1 7 256D.2 PROGRAM EXPENDITURES. 1 8 1. A school district shall expend funds received 1 9 pursuant to section 256D.4 at the kindergarten through 1 10 grade three levels to reduce class sizes to the state 1 11 goal of seventeen students for every one teacher and 1 12 to achieve a higher level of student success in the 1 13 basic skills, especially reading. In order to support 1 14 these efforts, school districts may expend funds 1 15 received pursuant to section 256D.4 at the 1 16 kindergarten through grade three level on programs, 1 17 instructional support, and materials that include, but 1 18 are not limited to, the following: additional 1 19 licensed instructional staff; additional support for 1 20 students, such as before and after school programs, 1 21 tutoring, and intensive summer programs; the 1 22 acquisition and administration of diagnostic reading 1 23 assessments; the implementation of research=based 1 24 instructional intervention programs for students 1 25 needing additional support; the implementation of 1 26 all=day, everyday kindergarten programs; and the 1 27 provision of classroom teachers with intensive 1 28 training programs to improve reading instruction and 1 29 professional development in best practices, including 1 30 but not limited to training programs related to 1 31 instruction to increase students' phonemic awareness, 1 32 reading abilities, and comprehension skills. 1 33 2. This section is repealed June 30, 2009. 1 34 Sec. . NEW SECTION. 256D.2A PROGRAM FUNDING. 1 35 Beginning July 1, 2009, and each succeeding year, a 1 36 school district shall expend funds received pursuant 1 37 to section 257.10, subsection 11, at the kindergarten 1 38 through grade three levels to reduce class sizes to 1 39 the state goal of seventeen students for every one 1 40 teacher and to achieve a higher level of student 1 41 success in the basic skills, especially reading. In 1 42 order to support these efforts, school districts may 1 43 expend funds received pursuant to section 257.10, 1 44 subsection 11, at the kindergarten through grade three 1 45 level on programs, instructional support, and 1 46 materials that include but are not limited to the 1 47 following: additional licensed instructional staff; 1 48 additional support for students, such as before and 1 49 after school programs, tutoring, and intensive summer 1 50 programs; the acquisition and administration of 2 1 diagnostic reading assessments; the implementation of 2 2 research=based instructional intervention programs for 2 3 students needing additional support; the 2 4 implementation of all=day, everyday kindergarten 2 5 programs; and the provision of classroom teachers with 2 6 intensive training programs to improve reading 2 7 instruction and professional development in best 2 8 practices including but not limited to training 2 9 programs related to instruction to increase students' 2 10 phonemic awareness, reading abilities, and 2 11 comprehension skills. 2 12 Sec. . Section 256D.4, subsection 3, Code 2007, 2 13 is amended to read as follows: 2 14 3. For each year in which an appropriation is made 2 15 to the Iowa early intervention block grant program, 2 16 the department of education shall notify the 2 17 department of administrative services of the amount of 2 18 the allocation to be paid to each school district as 2 19 provided in subsections 1 and 2. The allocation to 2 20 each school district shall be made in one payment on 2 21 or about October 15 of the fiscal year for which the 2 22 appropriation is made, taking into consideration the 2 23 relative budget and cash position of the state 2 24 resources. Moneys received under this section shall 2 25 not be commingled with state aid payments made under 2 26 section 257.16 to a school district and shall be 2 27 accounted for by the local school district separately 2 28 from state aid payments. Payments made to school 2 29 districts under this section are miscellaneous income 2 30 for purposes of chapter 257.A school district shall 2 31 maintain a separate listing within its budget for 2 32 payments received and expenditures made pursuant to 2 33 this section. A school district shall certify to the 2 34 department of education that moneys received under 2 35 this section were used to supplement, not supplant, 2 36 moneys otherwise received and used by the school 2 37 district.2 38 Sec. . Section 256D.4, subsection 4, Code 2007, 2 39 is amended by striking the subsection and inserting in 2 40 lieu thereof the following: 2 41 This section is repealed June 30, 2009. 2 42 Sec. . NEW SECTION. 256D.4A PROGRAM 2 43 REQUIREMENTS. 2 44 A school district shall maintain a separate listing 2 45 within its budget for payments received and 2 46 expenditures made pursuant to this section. A school 2 47 district shall certify to the department of education 2 48 that moneys received under this section were used to 2 49 supplement, not supplant, moneys otherwise received 2 50 and used by the school district. 3 1 Sec. . Section 256D.5, subsection 4, Code 3 2 Supplement 2007, is amended to read as follows: 3 3 4. For each fiscal year of the fiscal period 3 4 beginning July 1, 2004, and ending June 30,20122009, 3 5 the sum of twenty=nine million two hundred fifty 3 6 thousand dollars.> 3 7 #2. Page 6, line 23, by striking the words <one 3 8 hundred one> and inserting the following: <one 3 9 hundred>. 3 10 #3. Page 7, line 22, by striking the words <one 3 11 hundred one> and inserting the following: <one 3 12 hundred>. 3 13 #4. Page 8, line 21, by striking the words <one 3 14 hundred one> and inserting the following: <one 3 15 hundred>. 3 16 #5. Page 10, line 11, by striking the words <one 3 17 hundred one> and inserting the following: <one 3 18 hundred>. 3 19 #6. Page 11, line 16, by striking the word <one>. 3 20 #7. Page 12, by inserting after line 10 the 3 21 following: 3 22 <Sec. . Section 294A.9, Code 2007, is amended 3 23 to read as follows: 3 24 294A.9 PHASE II PROGRAM. 3 25 1. Phase II is established to improve the salaries 3 26 of teachers. 3 27 2. For each fiscal year beginning on or after July 3 28 1, 1992, the per pupil amount upon which the phase II 3 29 moneys are based is equal to the per pupil allocation 3 30 plus supplemental allocations for the immediately 3 31 preceding fiscal year. 3 32 3. The department of education shall certify the 3 33 amounts of the allocations for each school district 3 34 and area education agency to the department of 3 35 administrative services and the department of 3 36 administrative services shall make the payments to 3 37 school districts and area education agencies. 3 38 4. If a school district has discontinued grades 3 39 under section 282.7, subsection 1, or students attend 3 40 school in another school district, under an agreement 3 41 with the board of the other school district, the board 3 42 of directors of the district of residence either shall 3 43 transmit the phase II moneys allocated to the district 3 44 for those students based upon the full=time equivalent 3 45 attendance of those students to the board of the 3 46 school district of attendance of the students or shall 3 47 transmit to the board of the school district of 3 48 attendance of the students a portion of the phase II 3 49 moneys allocated to the district of residence based 3 50 upon an agreement between the board of the resident 4 1 district and the board of the district of attendance. 4 2 5. If a school district uses teachers under a 4 3 contract between the district and the area education 4 4 agency in which the district is located, the school 4 5 district shall transmit to the employing area 4 6 education agency a portion of its phase II allocation 4 7 based upon the portion that the salaries of teachers 4 8 employed by the area education agency and assigned to 4 9 the school district for a school year bears to the 4 10 total teacher salaries paid in the district for that 4 11 school year, including the salaries of the teachers 4 12 employed by the area education agency. 4 13 6. If the school district or area education agency 4 14 is organized under chapter 20 for collective 4 15 bargaining purposes, the board of directors and 4 16 certified bargaining representative for the licensed 4 17 employees shall mutually agree upon a formula for 4 18 distributing the phase II allocation among the 4 19 teachers. 4 20 7. For the school year beginning July 1, 1987, 4 21 only, the parties shall follow the procedures 4 22 specified in chapter 20 except that if the parties 4 23 reach an impasse, neither impasse procedures agreed to 4 24 by the parties nor sections 20.20 through 20.22 shall 4 25 apply and the phase II allocation shall be divided as 4 26 provided in section 294A.10. Negotiations under this 4 27 section are subject to the scope of negotiations 4 28 specified in section 20.9. If a board of directors 4 29 and certified bargaining representative for licensed 4 30 employees have not reached mutual agreement by July 4 31 15, 1987, for the distribution of the phase II 4 32 payment, section 294A.10 will apply. 4 33 8. If the school district or area education agency 4 34 is not organized for collective bargaining purposes, 4 35 the board of directors shall determine the method of 4 36 distribution. 4 37 9. Subsections 2, 3, 4, and 7 are repealed June 4 38 30, 2009. 4 39 Sec. . Section 294A.10, Code 2007, is amended 4 40 by adding the following new subsection: 4 41 NEW SUBSECTION. 5. This section is repealed June 4 42 30, 2009. 4 43 Sec. . Section 294A.22, Code 2007, is amended 4 44 to read as follows: 4 45 294A.22 PAYMENTS. 4 46 1. Payments for each phase of the educational 4 47 excellence program shall be made by the department of 4 48 administrative services on a monthly basis commencing 4 49 on October 15 and ending on June 15 of each fiscal 4 50 year, taking into consideration the relative budget 5 1 and cash position of the state resources. The 5 2 payments shall be separate from state aid payments 5 3 made pursuant to sections 257.16 and 257.35. The 5 4 payments made under this section to a school district 5 5 or area education agency may be combined and a 5 6 separate accounting of the amount paid for each 5 7 program shall be included. 5 8 2. Any payments made to school districts or area 5 9 education agencies under this chapter are 5 10 miscellaneous income for purposes of chapter 257. 5 11 3. Payments made to a teacher by a school district 5 12 or area education agency under this chapter are wages 5 13 for the purposes of chapter 91A. 5 14 4. If funds appropriated are insufficient to pay 5 15 phase II allocations in full, the department of 5 16 administrative services shall prorate payments to 5 17 school districts and area education agencies. 5 18 This subsection is repealed June 30, 2009. 5 19 Sec. . Section 294A.25, subsection 1, Code 5 20 2007, is amended to read as follows: 5 21 1. For the fiscalyearperiod beginning July 1, 5 22 2003, andfor each succeeding yearending June 30, 5 23 2009, there is appropriated each fiscal year from the 5 24 general fund of the state to the department of 5 25 education the amount of fifty=six million eight 5 26 hundred ninety=one thousand three hundred thirty=six 5 27 dollars to be used to improve teacher salaries. The 5 28 moneys shall be distributed as provided in this 5 29 section. 5 30 Sec. . Section 294A.25, Code 2007, is amended 5 31 by adding the following new subsection: 5 32 NEW SUBSECTION. 1A. For the fiscal year beginning 5 33 July 1, 2009, and for each succeeding year, there is 5 34 appropriated from the general fund of the state to the 5 35 department of education an amount not to exceed 5 36 fifteen million six hundred thirty=three thousand two 5 37 hundred forty=five dollars. The moneys shall be 5 38 distributed as provided in this section. 5 39 Sec. . Section 294A.25, subsection 6, Code 5 40 2007, is amended to read as follows: 5 41 6. Except as otherwise provided in this section, 5 42 for the fiscalyearperiod beginning July 1, 2003, and 5 43succeeding fiscal yearsending June 30, 2009, the 5 44 remainder of moneys appropriated in subsection 1 to 5 45 the department of education shall be deposited each 5 46 fiscal year in the educational excellence fund to be 5 47 allocated in an amount to meet the requirements of 5 48 this chapter for phase I and phase II. 5 49 Sec. . Section 294A.25, Code 2007, is amended 5 50 by adding the following new subsection: 6 1 NEW SUBSECTION. 6A. Except as otherwise provided 6 2 in this section, for the fiscal year beginning July 1, 6 3 2009, and succeeding fiscal years, the remainder of 6 4 moneys appropriated in subsection 1 to the department 6 5 of education shall be deposited in the educational 6 6 excellence fund to be allocated in an amount to meet 6 7 the requirements of this chapter for phase I.> 6 8 #8. Title page, line 4, by inserting after the 6 9 word <basis> the following: <, and providing 6 10 appropriations>. 6 11 #9. By renumbering as necessary. 6 12 6 13 6 14 6 15 COMMITTEE ON EDUCATION 6 16 WENDT of Woodbury, CHAIRPERSON 6 17 SF 2329.202 82 6 18 ak/sc/10669 -1-