Senate Amendment 3330


PAG LIN




     1  1    Amend Senate File 350 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4                       <DIVISION I
     1  5      STATEWIDE PRESCHOOL PROGRAM FOR FOUR=YEAR=OLD
     1  6                        CHILDREN
     1  7    Section 1.  NEW SECTION.  256C.1  DEFINITIONS.
     1  8    As used in this chapter:
     1  9    1.  "Approved local program" means a school
     1 10 district's program for four=year=old children approved
     1 11 by the department of education to provide high quality
     1 12 preschool instruction.
     1 13    2.  "Department" means the department of education.
     1 14    3.  "Director" means the director of the department
     1 15 of education.
     1 16    4.  "Preschool program" means the statewide
     1 17 preschool program for four=year=old children created
     1 18 in accordance with this chapter.
     1 19    5.  "School district approved to participate in the
     1 20 preschool program" means a school district that meets
     1 21 the school district requirements under section 256C.3
     1 22 and has been approved by the department to participate
     1 23 in the preschool program.
     1 24    6.  "State board" means the state board of
     1 25 education.
     1 26    Sec. 2.  NEW SECTION.  256C.2  STATEWIDE PRESCHOOL
     1 27 PROGRAM FOR FOUR=YEAR=OLD CHILDREN == PURPOSE.
     1 28    1.  A statewide preschool program for four=year=old
     1 29 children is established.  The purpose of the preschool
     1 30 program is to provide an opportunity for all young
     1 31 children in the state to enter school ready to learn
     1 32 by expanding voluntary access to quality preschool
     1 33 curricula for all children who are four years old.
     1 34    2.  The state board shall adopt rules in accordance
     1 35 with chapter 17A as necessary to implement the
     1 36 preschool program as provided in this chapter.
     1 37    Sec. 3.  NEW SECTION.  256C.3  PRESCHOOL PROGRAM
     1 38 REQUIREMENTS.
     1 39    1.  ELIGIBLE CHILDREN.  A child who is a resident
     1 40 of Iowa and is four years of age by September 15 of a
     1 41 school year shall be eligible to enroll in the
     1 42 preschool program under this chapter.  If space and
     1 43 funding are available, a school district approved to
     1 44 participate in the preschool program may enroll a
     1 45 younger or older child in the preschool program;
     1 46 however, the child shall not be counted for state
     1 47 funding purposes.
     1 48    2.  TEACHER REQUIREMENTS.
     1 49    a.  An individual serving as a teacher in the
     1 50 preschool program must meet all of the following
     2  1 qualifications:
     2  2    (1)  The individual is either employed by or under
     2  3 contract with the school district implementing the
     2  4 program.
     2  5    (2)  The individual is appropriately licensed under
     2  6 chapter 272 and meets requirements under chapter 284.
     2  7    (3)  The individual possesses a bachelor's or
     2  8 graduate degree from an accredited college or
     2  9 university with a major in early childhood education
     2 10 or other appropriate major identified in rule by the
     2 11 department.
     2 12    b.  A teacher in the preschool program shall
     2 13 collaborate with other agencies, organizations, and
     2 14 boards in the community to further the program's
     2 15 capacity to meet the diverse needs of the children
     2 16 taught by the teacher and the families of the
     2 17 children, such as needs for early care, health, and
     2 18 human services.  In addition, a teacher in the
     2 19 preschool program shall work to maintain relationships
     2 20 with each child's family in order to enhance the
     2 21 child's development in all settings by collaborating
     2 22 with providers of parent education and family support
     2 23 opportunities.
     2 24    3.  PROGRAM REQUIREMENTS.  The state board shall
     2 25 adopt rules to further define the following preschool
     2 26 program requirements which shall be used to determine
     2 27 whether or not a local program implemented by a school
     2 28 district approved to implement the preschool program
     2 29 qualifies as an approved local program:
     2 30    a.  Maximum and minimum teacher=to=child ratios and
     2 31 class sizes.
     2 32    b.  Applicable state and federal program standards.
     2 33    c.  Student learning standards.
     2 34    d.  Provisions for the integration of children from
     2 35 other state and federally funded preschools.
     2 36    e.  Collaboration with participating families,
     2 37 early care providers, and community partners including
     2 38 but not limited to community empowerment area boards,
     2 39 head start programs, shared visions and other programs
     2 40 provided under the auspices of the child development
     2 41 coordinating council, licensed child care centers,
     2 42 registered child development homes, area education
     2 43 agencies, child care resource and referral services
     2 44 provided under section 237A.26, early childhood
     2 45 special education programs, services funded by Title I
     2 46 of the federal Elementary and Secondary Education Act
     2 47 of 1965, and family support programs.
     2 48    f.  A minimum of ten hours per week of instruction
     2 49 delivered on the skills and knowledge included in the
     2 50 student learning standards developed for the preschool
     3  1 program.
     3  2    g.  Parental involvement in the local program.
     3  3    h.  Provision for ensuring that children receiving
     3  4 care from other child care arrangements can
     3  5 participate in the preschool program with minimal
     3  6 disruption due to transportation and movement from one
     3  7 site to another.
     3  8    4.  SCHOOL DISTRICT REQUIREMENTS.  The state board
     3  9 shall adopt rules to further define the following
     3 10 requirements of school districts implementing the
     3 11 preschool program:
     3 12    a.  Methods of demonstrating community readiness to
     3 13 implement high=quality instruction in a local program
     3 14 shall be identified.  The potential provider shall
     3 15 submit a collaborative program proposal that
     3 16 demonstrates the involvement of multiple community
     3 17 stakeholders including but not limited to, and only as
     3 18 applicable, parents, the school district, accredited
     3 19 nonpublic schools and faith=based representatives, the
     3 20 area education agency, the community empowerment area
     3 21 board, representatives of business, head start
     3 22 programs, shared visions and other programs provided
     3 23 under the auspices of the child development
     3 24 coordinating council, center=based and home=based
     3 25 providers of child care services, human services,
     3 26 public health, and economic development programs.  The
     3 27 methods may include but are not limited to a school
     3 28 district providing evidence of a public hearing on the
     3 29 proposed programming and written documentation of
     3 30 collaboration agreements between the school district,
     3 31 existing community providers, and other community
     3 32 stakeholders addressing operational procedures and
     3 33 other critical measures.
     3 34    b.  Subject to implementation of chapter 28E
     3 35 agreements between a school district and
     3 36 community=based providers of services to four=year=old
     3 37 children, a four=year=old child who is enrolled in a
     3 38 child care center or child development home licensed
     3 39 or registered under chapter 237A, or in an existing
     3 40 public or private preschool program, shall be eligible
     3 41 for services provided by the school district's local
     3 42 preschool program.
     3 43    c.  A school district shall participate in data
     3 44 collection and performance measurement processes and
     3 45 reporting as defined by rule.
     3 46    d.  Career development for school district
     3 47 preschool teachers shall be addressed in the school
     3 48 district's career development plan implemented in
     3 49 accordance with section 284.6.
     3 50    5.  DEPARTMENT REQUIREMENTS.
     4  1    a.  The department shall implement an application
     4  2 and selection process for school district
     4  3 participation in the preschool program that includes
     4  4 but is not limited to the enrollment requirements
     4  5 provided under section 256C.4.
     4  6    b.  The department shall track the progress of
     4  7 students served by a school district preschool program
     4  8 and the students' performance in elementary and
     4  9 secondary education.
     4 10    c.  The department shall implement procedures to
     4 11 monitor the quality of the programming provided under
     4 12 the preschool program.
     4 13    Sec. 4.  NEW SECTION.  256C.4  FUNDING PROVISIONS
     4 14 == ENROLLMENT.
     4 15    1.  GENERAL.
     4 16    a.  State funding provided under the preschool
     4 17 program shall be based upon the enrollment of eligible
     4 18 students in the preschool programming provided by a
     4 19 school district approved to participate in the
     4 20 preschool program.
     4 21    b.  A school district approved to participate in
     4 22 the preschool program may authorize expenditures for
     4 23 the district's preschool programming from any of the
     4 24 revenue sources available to the district from the
     4 25 sources listed in chapter 298A, provided the
     4 26 expenditures are within the uses permitted for the
     4 27 revenue source.  In addition, the use of the revenue
     4 28 source for preschool or prekindergarten programming
     4 29 must have been approved prior to any expenditure from
     4 30 the revenue source for the district's approved local
     4 31 program.
     4 32    c.  Funding provided under the preschool program is
     4 33 intended to supplement, not supplant, existing public
     4 34 funding for preschool programming.
     4 35    d.  Preschool foundation aid funding shall not be
     4 36 commingled with the other state aid payments made
     4 37 under section 257.16 to a school district and shall be
     4 38 accounted for by the local school district separately
     4 39 from the other state aid payments.  Preschool
     4 40 foundation aid payments made to school districts are
     4 41 miscellaneous income for purposes of chapter 257.  A
     4 42 school district shall maintain a separate listing
     4 43 within its budget for preschool foundation aid
     4 44 payments received and expenditures made.  A school
     4 45 district shall certify to the department of education
     4 46 that preschool foundation aid funding received by the
     4 47 school district was used to supplement, not supplant,
     4 48 moneys otherwise received and used by the school
     4 49 district for preschool programming.
     4 50    e.  Preschool foundation aid funding shall not be
     5  1 used for the costs of constructing a facility in
     5  2 connection with an approved local program.
     5  3    2.  ELIGIBLE STUDENT ENROLLMENT.
     5  4    a.  To be included as an eligible student in the
     5  5 enrollment count of the preschool programming provided
     5  6 by a school district approved to participate in the
     5  7 preschool program, a child must be four years of age
     5  8 by September 15 in the base year and attending the
     5  9 school district's approved local program.
     5 10    b.  The enrollment count of eligible students shall
     5 11 not include a child who is included in the enrollment
     5 12 count determined under section 257.6 or a child who is
     5 13 served by a program already receiving state or federal
     5 14 funds for the purpose of the provision of
     5 15 four=year=old preschool programming while the child is
     5 16 being served by the program.  Such preschool
     5 17 programming includes but is not limited to child
     5 18 development assistance programs provided under chapter
     5 19 256A, special education programs provided under
     5 20 section 256B.9, school ready children grant programs
     5 21 and other programs provided under chapter 28, and
     5 22 federal head start programs and the services funded by
     5 23 Title I of the federal Elementary and Secondary
     5 24 Education Act of 1965.
     5 25    Sec. 5.  NEW SECTION.  256C.5  FUNDING FORMULA.
     5 26    1.  DEFINITIONS.  For the purposes of this section
     5 27 and section 256C.4:
     5 28    a.  "Base year", "budget year", "regular program
     5 29 state cost per pupil", and "school district" mean the
     5 30 same as defined or described in chapter 257.
     5 31    b.  "Eligible student" means a child who meets
     5 32 eligibility requirements under section 256C.4.
     5 33    c.  "Preschool budget enrollment" means the figure
     5 34 that is equal to sixty percent of the actual
     5 35 enrollment of eligible students in the preschool
     5 36 programming provided by a school district approved to
     5 37 participate in the preschool program on October 1 of
     5 38 the base year, or the first Monday in October if
     5 39 October 1 falls on a Saturday or Sunday.
     5 40    d.  "Preschool foundation aid" means the product of
     5 41 the regular program state cost per pupil for the
     5 42 budget year multiplied by the school district's
     5 43 preschool budget enrollment.
     5 44    2.  PRESCHOOL FOUNDATION AID DISTRICT AMOUNT.
     5 45    a.  For the initial school year for which a school
     5 46 district approved to participate in the preschool
     5 47 program receives that approval and implements the
     5 48 preschool program, the funding for the preschool
     5 49 foundation aid payable to that school district shall
     5 50 be paid from the appropriation made for that school
     6  1 year in section 256C.6 or in another appropriation
     6  2 made for purposes of this chapter.  For that school
     6  3 year, the preschool foundation aid payable to the
     6  4 school district is the product of the regular program
     6  5 state cost per pupil for the school year multiplied by
     6  6 sixty percent of the school district's eligible
     6  7 student enrollment on the date in the school year
     6  8 determined by rule.
     6  9    b.  For budget years subsequent to the initial
     6 10 school year for which a school district approved to
     6 11 participate in the preschool program receives that
     6 12 approval and implements the preschool program, the
     6 13 funding for the preschool foundation aid payable to
     6 14 that school district shall be paid from the
     6 15 appropriation made in section 257.16.
     6 16    3.  AID PAYMENTS.  Preschool foundation aid shall
     6 17 be paid as part of the state aid payments made to
     6 18 school districts in accordance with section 257.16.
     6 19    4.  ADMINISTRATION AND OVERSIGHT.  Except as
     6 20 otherwise provided by law for a fiscal year, of the
     6 21 amount appropriated for that fiscal year for payment
     6 22 of preschool foundation aid statewide, the department
     6 23 may use an amount sufficient to fund up to three
     6 24 full=time equivalent positions which shall be in
     6 25 addition to the number of positions authorized for the
     6 26 fiscal year, as necessary to provide administration
     6 27 and oversight of the preschool program.
     6 28    Sec. 6.  NEW SECTION.  256C.6  PHASE=IN ==
     6 29 APPROPRIATIONS.
     6 30    1.  PHASE=IN.  For the initial fiscal year in which
     6 31 a school district participates in the preschool
     6 32 program pursuant to an appropriation provided in
     6 33 subsection 2, the department shall apply a modified
     6 34 set of the requirements of the provisions of this
     6 35 chapter relating to preschool program implementation,
     6 36 preschool enrollment reporting, and distribution of
     6 37 funding as necessary to begin the distribution in that
     6 38 fiscal year and additional program implementation in
     6 39 the next fiscal year.  For each month after September
     6 40 1, in the initial fiscal year that a school district
     6 41 approved to participate in the preschool program
     6 42 begins programming, the department shall reduce the
     6 43 preschool foundation aid payable to the school
     6 44 district by one=tenth of the amount that would
     6 45 otherwise have been payable to the school district for
     6 46 the full school year.
     6 47    2.  APPROPRIATIONS FOR INITIAL YEARS.  There is
     6 48 appropriated from the general fund of the state to the
     6 49 department of education for the designated fiscal
     6 50 years the following amounts, or so much thereof as is
     7  1 necessary, to be used for the initial year preschool
     7  2 foundation aid payments to school districts approved
     7  3 to participate in the preschool program and
     7  4 administrative costs:
     7  5    a.  For the fiscal year beginning July 1, 2008, and
     7  6 ending June 30, 2009, fifteen million dollars.
     7  7    b.  For the fiscal year beginning July 1, 2009, and
     7  8 ending June 30, 2010, fifteen million dollars.
     7  9    c.  For the fiscal year beginning July 1, 2010, and
     7 10 ending June 30, 2011, sixteen million one hundred
     7 11 sixty=two thousand five hundred dollars.
     7 12    3.  INSUFFICIENT FUNDING.  For the fiscal years in
     7 13 the period beginning July 1, 2007, and ending June 30,
     7 14 2011, if the number of requests from school districts
     7 15 for initial participation in the preschool program
     7 16 exceeds the funding made available for the preschool
     7 17 program, the department shall utilize all of the
     7 18 following selection criteria in selecting the school
     7 19 districts that will be approved to participate in the
     7 20 preschool program:
     7 21    a.  Priority shall be given to school districts
     7 22 that do not have existing preschool programming within
     7 23 the school district boundaries.
     7 24    b.  Priority shall be given to school districts
     7 25 that have a high percentage of children in poverty and
     7 26 such children shall receive first priority for the
     7 27 programs.
     7 28    c.  Consideration shall be given to the size of
     7 29 school districts in large, medium, and small
     7 30 categories in order for there to be equitable
     7 31 statewide distribution of preschool program services.
     7 32    d.  Consideration shall be given to school
     7 33 districts with established, high=quality, community
     7 34 partnerships for the delivery of preschool programming
     7 35 that are seeking to expand access.
     7 36    4.  REPEAL.  This section is repealed July 1, 2011.
     7 37                       DIVISION II
     7 38                  CONFORMING AMENDMENTS
     7 39    Sec. 7.  Section 256.11, subsection 1, Code 2007,
     7 40 is amended by adding the following new unnumbered
     7 41 paragraph:
     7 42    NEW UNNUMBERED PARAGRAPH.  For the purposes of this
     7 43 subsection, "prekindergarten program" includes but is
     7 44 not limited to a school district's implementation of
     7 45 the preschool program established pursuant to chapter
     7 46 256C.
     7 47    Sec. 8.  Section 257.16, subsection 1, Code 2007,
     7 48 is amended to read as follows:
     7 49    1.  There is appropriated each year from the
     7 50 general fund of the state an amount necessary to pay
     8  1 the foundation aid under this chapter, the preschool
     8  2 foundation aid under chapter 256C, supplementary aid
     8  3 under section 257.4, subsection 2, and adjusted
     8  4 additional property tax levy aid under section 257.15,
     8  5 subsection 4.
     8  6    Sec. 9.  Section 285.1, subsection 1, paragraph c,
     8  7 Code 2007, is amended to read as follows:
     8  8    c.  Children attending prekindergarten programs
     8  9 offered or sponsored by the district or nonpublic
     8 10 school and approved by the department of education or
     8 11 department of human services or children participating
     8 12 in preschool in an approved local program under
     8 13 chapter 256C may be provided transportation services.
     8 14 However, transportation services provided nonpublic
     8 15 school children are not eligible for reimbursement
     8 16 under this chapter.
     8 17    Sec. 10.  EMERGENCY RULES.  The state board of
     8 18 education may adopt emergency rules under section
     8 19 17A.4, subsection 2, and section 17A.5, subsection 2,
     8 20 paragraph "b", to implement the provisions of this Act
     8 21 and the rules shall be effective immediately upon
     8 22 filing unless a later date is specified in the rules.
     8 23 Any rules adopted in accordance with this section
     8 24 shall also be published as a notice of intended action
     8 25 as provided in section 17A.4.>
     8 26
     8 27
     8 28                               
     8 29 STACI APPEL
     8 30 SF 350.203 82
     8 31 jp/es/8639

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