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  This section is repealed June 30, 2009.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, 2012 2009,
     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 fiscal year period beginning July 1,
     5 22 2003, and for each succeeding year ending 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 fiscal year period beginning July 1, 2003, and
     5 43 succeeding fiscal years ending 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

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