Senate File 2284 S-5178 Amend Senate File 2284 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < DIVISION I 4 REPEAL OF DEPARTMENT OF EDUCATION AND 5 STATE BOARD OF EDUCATION 6 Section 1. Section 256A.2, subsection 1, paragraph 7 b, Code 2011, is amended by striking the paragraph. 8 Sec. 2. Section 256A.2, subsection 2, Code 2011, is 9 amended to read as follows: 10 2. Staff assistance for the council shall be 11 provided by the department of education human services . 12 Members of the council shall be reimbursed for actual 13 and necessary expenses incurred while engaged in their 14 official duties and shall receive per diem compensation 15 at the level authorized under section 7E.6, subsection 16 1 , paragraph “a” . 17 Sec. 3. Section 256A.3, subsection 4, Code 2011, is 18 amended to read as follows: 19 4. Make recommendations to the department 20 of education human services and the general 21 assembly regarding appropriate curricula and staff 22 qualifications and training for early elementary 23 education, coordination of the curricula with 24 child development programs, and the development 25 of an at-risk children definition for use in 26 school-district-sponsored early elementary and before 27 and after school child care programs. 28 Sec. 4. Section 256A.4, subsection 2, unnumbered 29 paragraph 1, Code 2011, is amended to read as follows: 30 The department of education human services shall 31 develop guidelines for family support programs. 32 Program components may include, but are not limited to, 33 all of the following: 34 Sec. 5. NEW SECTION . 256B.16 Transfer of authority 35 and duties. 36 1. Beginning July 1, 2013, the authority and 37 duties of the department of education, the state board 38 of education, and the director of the department of 39 education under this chapter shall be transferred 40 to the department of human services and the director 41 of human services. Accordingly, beginning July 1, 42 2013, all references to the department of education 43 under this chapter and references to the department 44 of education under other provisions of law relating 45 to this chapter shall mean the department of human 46 services and all references to the state board 47 of education or the director of the department of 48 education under this chapter or other provisions of law 49 relating to this chapter shall mean the director of 50 -1- SF2284.4685 (2) 84 md/sc 1/ 40 #1.
human services. 1 2. Beginning July 1, 2013, the division of special 2 education created within the department of education 3 under section 256B.1 shall be transferred to the 4 department of human services. 5 3. Any moneys remaining in any account or fund 6 under the control of the department of education at the 7 conclusion of the fiscal year beginning July 1, 2012, 8 relative to the provisions of this chapter shall be 9 transferred to the control of the department of human 10 services for such purposes. Notwithstanding section 11 8.33, the moneys transferred in accordance with this 12 subsection shall not revert to the account or fund from 13 which appropriated or transferred. 14 4. Any contract entered into by the department of 15 education relating to the provisions of this chapter in 16 effect at the conclusion of the fiscal year beginning 17 July 1, 2012, shall continue in full force and effect 18 pending transfer of such contracts to the department of 19 human services. 20 5. Any rule, regulation, form, order, or directive 21 promulgated by the department of education relative 22 to the provisions of this chapter in existence at the 23 conclusion of the fiscal year beginning July 1, 2012, 24 shall continue in full force and effect until amended, 25 repealed, or supplemented by affirmative action of 26 the department of human services under the duties 27 and powers established in this chapter and under the 28 procedure established in subsection 6. 29 6. In regard to updating references and format in 30 the Iowa administrative code in order to correspond 31 to the transferring of duties of this chapter, the 32 administrative rules coordinator and the administrative 33 rules review committee, in consultation with the 34 administrative code editor, shall jointly develop 35 a schedule for the necessary updating of the Iowa 36 administrative code. 37 Sec. 6. Section 256C.1, Code 2011, is amended to 38 read as follows: 39 256C.1 Definitions. 40 As used in this chapter : 41 1. “Approved local program” means a school 42 district’s program for four-year-old children approved 43 by the department of education to provide high quality 44 preschool instruction . 45 2. “Department” means the department of education. 46 3. “Director” means the director of the department 47 of education. 48 4. 2. “Preschool program” means the statewide 49 preschool program for four-year-old children created in 50 -2- SF2284.4685 (2) 84 md/sc 2/ 40
accordance with this chapter . 1 5. 3. “School district approved to participate in 2 the preschool program” means a school district that 3 meets the school district requirements under section 4 256C.3 and has been approved by the department to 5 participate in the preschool program . 6 6. “State board” means the state board of 7 education. 8 Sec. 7. Section 256C.2, subsection 2, Code 2011, is 9 amended by striking the subsection. 10 Sec. 8. Section 256C.3, subsection 2, paragraph 11 a, subparagraph (3), Code 2011, is amended to read as 12 follows: 13 (3) The individual possesses a bachelor’s or 14 graduate degree from an accredited college or 15 university with a major in early childhood education 16 or other appropriate major identified in rule by the 17 department as determined by the school district’s board 18 of directors . 19 Sec. 9. Section 256C.3, subsection 3, unnumbered 20 paragraph 1, Code 2011, is amended to read as follows: 21 The state board shall adopt rules to further define 22 the following preschool program requirements which 23 shall be used to determine whether or not a Each local 24 program implemented by a school district approved 25 to implement the preschool program qualifies as an 26 approved local program shall address or conform with 27 all of the following : 28 Sec. 10. Section 256C.3, subsection 4, Code 2011, 29 is amended by striking the subsection and inserting in 30 lieu thereof the following: 31 4. School district requirements. 32 a. Subject to implementation of chapter 33 28E agreements between a school district and 34 community-based providers of services to four-year-old 35 children, a four-year-old child who is enrolled in a 36 child care center or child development home licensed 37 or registered under chapter 237A, or in an existing 38 public or private preschool program, shall be eligible 39 for services provided by the school district’s local 40 preschool program. 41 b. Professional development for school district 42 preschool teachers shall be addressed in the school 43 district’s professional development plan implemented in 44 accordance with section 284.6. 45 Sec. 11. Section 256C.3, subsection 5, Code 2011, 46 is amended by striking the subsection. 47 Sec. 12. Section 256C.4, subsection 1, paragraph d, 48 Code 2011, is amended to read as follows: 49 d. Preschool foundation aid funding shall not 50 -3- SF2284.4685 (2) 84 md/sc 3/ 40
be commingled with the other state aid payments made 1 under section 257.16 to a school district and shall be 2 accounted for by the local school district separately 3 from the other state aid payments. Preschool 4 foundation aid payments made to school districts are 5 miscellaneous income for purposes of chapter 257 . A 6 school district shall maintain a separate listing 7 within its budget for preschool foundation aid payments 8 received and expenditures made. A school district 9 shall certify to the department of education that 10 preschool Preschool foundation aid funding received by 11 the school district was shall be used to supplement, 12 not supplant, moneys otherwise received and used by the 13 school district for preschool programming. 14 Sec. 13. Section 256C.5, subsection 1, paragraph a, 15 Code Supplement 2011, is amended to read as follows: 16 a. “Base year” , “budget year” , “regular program 17 state cost per pupil” , and “school district” mean the 18 same as defined or described in chapter 257 . 19 Sec. 14. Section 256C.5, subsection 1, Code 20 Supplement 2011, is amended by adding the following new 21 paragraph: 22 NEW PARAGRAPH . e. “Regular program state cost per 23 pupil” means five thousand eight hundred eighty-three 24 dollars. 25 Sec. 15. Section 256C.5, subsection 2, Code 26 Supplement 2011, is amended to read as follows: 27 2. Preschool foundation aid district amount. 28 a. For the initial school year for which a school 29 district approved to participate in the preschool 30 program receives that approval and implements the 31 preschool program, the funding for the preschool 32 foundation aid payable to that school district shall be 33 paid from the appropriation made for that school year 34 in section 256C.6 or in another appropriation made for 35 purposes of this chapter . For that school year, the 36 preschool foundation aid payable to the school district 37 is the product of the regular program state cost per 38 pupil for the school year multiplied by sixty percent 39 of the school district’s eligible student enrollment on 40 the date in the school year determined by rule . 41 b. For budget years subsequent to the initial 42 school year for which a school district approved 43 to participate in the preschool program receives 44 that initial approval and implements the preschool 45 program, the funding for the preschool foundation aid 46 payable to that school district shall be paid from the 47 appropriation made in section 257.16 . Continuation 48 of a school district’s participation in the preschool 49 program for a second or subsequent budget year is 50 -4- SF2284.4685 (2) 84 md/sc 4/ 40
subject to the approval of the department based upon 1 the school district’s compliance with accountability 2 provisions and the department’s on-site review of the 3 school district’s implementation of the preschool 4 program. 5 Sec. 16. Section 256C.5, subsection 4, Code 6 Supplement 2011, is amended by striking the subsection. 7 Sec. 17. NEW SECTION . 256F.12 Transfer of 8 authority and duties. 9 1. Beginning July 1, 2013, the authority and duties 10 of the department of education, the state board, and 11 the director of the department of education under this 12 chapter, to the extent feasible, shall be transferred 13 to the board of directors of the community college 14 serving the merged area in which the charter school 15 or innovation zone school, or such proposed school, 16 is located. Accordingly, beginning July 1, 2013, all 17 references to the department of education, the state 18 board of education, and the director of the department 19 of education under this chapter or other provisions of 20 law relating to this chapter shall mean the board of 21 directors of the community college serving the merged 22 area in which the charter school or innovation zone 23 school, or such proposed school, is located. 24 2. Any contract entered into by the department of 25 education relating to the provisions of this chapter in 26 effect at the conclusion of the fiscal year beginning 27 July 1, 2012, shall continue in full force and effect 28 pending transfer of such contracts to the appropriate 29 community college board of directors. 30 3. Any rule, regulation, form, order, or directive 31 promulgated by the department of education relative 32 to the provisions of this chapter in existence at the 33 conclusion of the fiscal year beginning July 1, 2012, 34 shall continue in full force and effect. 35 Sec. 18. Section 256G.2, subsections 1 and 2, Code 36 2011, are amended by striking the subsections. 37 Sec. 19. Section 256G.3, subsection 1, paragraph 38 a, subparagraph (2), Code 2011, is amended to read as 39 follows: 40 (2) The policy shall include, in order of 41 consideration, the reasons for which a request to 42 transfer to the research and development school will 43 be allowed by the school district. The research and 44 development school may deny any request for transfer 45 under the policy and such denial for transfer is not 46 subject to appeal under section 290.1 . The research 47 and development school shall report the transfer and 48 enrollment of a new student directly to the department 49 state board of regents . 50 -5- SF2284.4685 (2) 84 md/sc 5/ 40
Sec. 20. Section 256G.4, subsection 2, Code 2011, 1 is amended to read as follows: 2 2. The department state board of regents shall be 3 the accreditation agency and as such shall serve as the 4 authority on teacher qualification requirements and 5 waiver provisions. 6 Sec. 21. Section 256G.4, subsection 3, paragraph a, 7 unnumbered paragraph 1, Code 2011, is amended to read 8 as follows: 9 A seventeen-member sixteen-member advisory council 10 is created, composed of the following members: 11 Sec. 22. Section 256G.4, subsection 3, paragraph a, 12 subparagraph (1), subparagraph division (a), Code 2011, 13 is amended by striking the subparagraph division. 14 Sec. 23. Section 256G.4, subsection 3, paragraph a, 15 subparagraph (2), unnumbered paragraph 1, Code 2011, is 16 amended to read as follows: 17 Ten members, as follows, who shall be jointly 18 recommended for membership by the president and the 19 director , shall be jointly approved by the state board 20 of regents and the state board of education , shall 21 serve three-year staggered terms, and shall be eligible 22 to serve for two consecutive three-year terms on the 23 council in addition to any partial, initial term: 24 Sec. 24. Section 256G.4, subsection 3, paragraph 25 c, subparagraph (2), Code 2011, is amended to read as 26 follows: 27 (2) The advisory council shall provide an annual 28 report to the president, the director, the state board 29 of regents, the state board of education, and the 30 general assembly. 31 Sec. 25. Section 256G.4, subsection 4, paragraph a, 32 unnumbered paragraph 1, Code 2011, is amended to read 33 as follows: 34 An eleven-member A ten-member standing institutional 35 research committee, appointed by the president and 36 the director , is created, composed of the following 37 members: 38 Sec. 26. Section 256G.4, subsection 4, paragraph a, 39 subparagraph (10), Code 2011, is amended by striking 40 the subparagraph. 41 Sec. 27. NEW SECTION . 256H.4 Transfer of authority 42 and duties. 43 1. Beginning July 1, 2013, the authority and duties 44 of the department of education and the director of 45 the department of education under this chapter shall 46 be transferred to the adjutant general of the state. 47 Accordingly, beginning July 1, 2013, all references to 48 the department of education and the director of the 49 department of education under this chapter or other 50 -6- SF2284.4685 (2) 84 md/sc 6/ 40
provisions of law relating to this chapter shall mean 1 adjutant general of the state. 2 2. Any contract entered into by the department of 3 education relating to the provisions of this chapter in 4 effect at the conclusion of the fiscal year beginning 5 July 1, 2012, shall continue in full force and effect 6 pending transfer of such contracts to the adjutant 7 general of the state. 8 3. Any rule, regulation, form, order, or directive 9 promulgated by the department of education relative 10 to the provisions of this chapter in existence upon 11 conclusion of the fiscal year beginning July 1, 2012, 12 shall continue in full force and effect. 13 Sec. 28. NEW SECTION . 256I.13 Transfer of 14 authority and duties. 15 1. Beginning July 1, 2013, the authority and duties 16 of the department of education and the director of the 17 department of education under this chapter shall be 18 transferred to the department of human services and the 19 director of human services. Accordingly, beginning 20 July 1, 2013, all references to the department 21 of education or the director of the department of 22 education under this chapter or under other provisions 23 of law relating to this chapter shall mean the 24 department of human services and the director of human 25 services. 26 2. Any moneys remaining in any account or fund 27 under the control of the department of education at the 28 conclusion of the fiscal year beginning July 1, 2012, 29 relative to the provisions of this chapter shall be 30 transferred to the control of the department of human 31 services for such purposes. Notwithstanding section 32 8.33, the moneys transferred in accordance with this 33 subsection shall not revert to the account or fund from 34 which appropriated or transferred. 35 3. Any contract entered into by the department of 36 education relating to the provisions of this chapter in 37 effect at the conclusion of the fiscal year beginning 38 July 1, 2012, shall continue in full force and effect 39 pending transfer of such contracts to the department of 40 human services. 41 4. Any rule, regulation, form, order, or directive 42 promulgated by the department of education relative 43 to the provisions of this chapter in existence at the 44 conclusion of the fiscal year beginning July 1, 2012, 45 shall continue in full force and effect until amended, 46 repealed, or supplemented by affirmative action of 47 the department of human services under the duties 48 and powers established in this chapter and under the 49 procedure established in subsection 5. 50 -7- SF2284.4685 (2) 84 md/sc 7/ 40
5. In regard to updating references and format in 1 the Iowa administrative code in order to correspond 2 to the transferring of duties of this chapter, the 3 administrative rules coordinator and the administrative 4 rules review committee, in consultation with the 5 administrative code editor, shall jointly develop 6 a schedule for the necessary updating of the Iowa 7 administrative code. 8 Sec. 29. Section 257C.5, subsection 1, Code 2011, 9 is amended to read as follows: 10 1. The powers of the authority are vested in and 11 exercised by a board consisting of five members, 12 including the treasurer of state, the director of 13 the department of education, and the director of 14 the department of management, and two three members 15 appointed by the governor, subject to confirmation 16 by the senate. The state officials may designate 17 representatives to serve on the board for them. As far 18 as possible, the governor shall appoint members who are 19 knowledgeable or experienced in the school systems of 20 this state or in finance. 21 Sec. 30. NEW SECTION . 258.18 Transfer of authority 22 and duties. 23 1. Beginning July 1, 2013, the authority and 24 duties of the department of education, the state board 25 of education, and the director of the department of 26 education under this chapter shall be transferred 27 to the department of workforce development and the 28 director of the department of workforce development. 29 Accordingly, beginning July 1, 2013, all references 30 to the department of education under this chapter 31 and references to the department of education under 32 other provisions of law relating to this chapter shall 33 mean the department of workforce development and all 34 references to the state board of education or the 35 director of the department of education under this 36 chapter or other provisions of law relating to this 37 chapter shall mean the director of the department of 38 workforce development. 39 2. Any moneys remaining in any account or fund 40 under the control of the department of education 41 at the conclusion of the fiscal year beginning 42 July 1, 2012, relative to the provisions of this 43 chapter shall be transferred to the control of the 44 department of workforce development for such purposes. 45 Notwithstanding section 8.33, the moneys transferred in 46 accordance with this subsection shall not revert to the 47 account or fund from which appropriated or transferred. 48 3. Any contract entered into by the department of 49 education relating to the provisions of this chapter in 50 -8- SF2284.4685 (2) 84 md/sc 8/ 40
effect at the conclusion of the fiscal year beginning 1 July 1, 2012, shall continue in full force and effect 2 pending transfer of such contracts to the department 3 of workforce development. 4 4. Any rule, regulation, form, order, or directive 5 promulgated by the department of education relative 6 to the provisions of this chapter in existence at the 7 conclusion of the fiscal year beginning July 1, 2012, 8 shall continue in full force and effect until amended, 9 repealed, or supplemented by affirmative action of the 10 department of workforce development under the duties 11 and powers established in this chapter and under the 12 procedure established in subsection 5. 13 5. In regard to updating references and format in 14 the Iowa administrative code in order to correspond 15 to the transferring of duties of this chapter, the 16 administrative rules coordinator and the administrative 17 rules review committee, in consultation with the 18 administrative code editor, shall jointly develop 19 a schedule for the necessary updating of the Iowa 20 administrative code. 21 Sec. 31. NEW SECTION . 259.1A Transfer of authority 22 and duties. 23 1. Beginning July 1, 2013, the authority and 24 duties of the department of education, the state board 25 of education, and the director of the department of 26 education under this chapter shall be transferred 27 to the department of workforce development and the 28 director of the department of workforce development. 29 Accordingly, beginning July 1, 2013, all references 30 to the department of education under this chapter 31 and references to the department of education under 32 other provisions of law relating to this chapter shall 33 mean the department of workforce development and all 34 references to the state board of education or the 35 director of the department of education under this 36 chapter or other provisions of law relating to this 37 chapter shall mean the director of the department of 38 workforce development. 39 2. Beginning July 1, 2013, the division of 40 vocational rehabilitation services created within the 41 department of education under section 259.3 shall be 42 transferred to the department of workforce development. 43 3. Any moneys remaining in any account or fund 44 under the control of the department of education 45 at the conclusion of the fiscal year beginning 46 July 1, 2012, relative to the provisions of this 47 chapter shall be transferred to the control of the 48 department of workforce development for such purposes. 49 Notwithstanding section 8.33, the moneys transferred in 50 -9- SF2284.4685 (2) 84 md/sc 9/ 40
accordance with this subsection shall not revert to the 1 account or fund from which appropriated or transferred. 2 4. Any contract entered into by the department of 3 education relating to the provisions of this chapter in 4 effect at the conclusion of the fiscal year beginning 5 July 1, 2012, shall continue in full force and effect 6 pending transfer of such contracts to the department 7 of workforce development. 8 5. Any rule, regulation, form, order, or directive 9 promulgated by the department of education relative 10 to the provisions of this chapter in existence at the 11 conclusion of the fiscal year beginning July 1, 2012, 12 shall continue in full force and effect until amended, 13 repealed, or supplemented by affirmative action of the 14 department of workforce development under the duties 15 and powers established in this chapter and under the 16 procedure established in subsection 6. 17 6. In regard to updating references and format in 18 the Iowa administrative code in order to correspond 19 to the transferring of duties of this chapter, the 20 administrative rules coordinator and the administrative 21 rules review committee, in consultation with the 22 administrative code editor, shall jointly develop 23 a schedule for the necessary updating of the Iowa 24 administrative code. 25 Sec. 32. Section 259A.1, Code 2011, is amended to 26 read as follows: 27 259A.1 Tests. 28 The department of education Each board of directors 29 of the community college serving the merged area shall 30 cause to be made available for qualified individuals 31 a high school equivalency diploma. The diploma shall 32 be issued on the basis of satisfactory competence as 33 shown by tests covering all of the following: reading, 34 arts, language arts, writing, mathematics, science, and 35 social studies. 36 Sec. 33. Section 259A.2, unnumbered paragraph 2, 37 Code 2011, is amended to read as follows: 38 Application shall be made to a testing center 39 approved by the department of education board of 40 directors of the community college serving the merged 41 area , accompanied by an application fee in an amount 42 prescribed by the department board of directors of the 43 community college . The test scores shall be forwarded 44 by the testing center to the department board of 45 directors of the community college . 46 Sec. 34. Section 259A.3, Code Supplement 2011, is 47 amended to read as follows: 48 259A.3 Notice and fee. 49 Any applicant who has achieved the minimum passing 50 -10- SF2284.4685 (2) 84 md/sc 10/ 40
standards as established by the department, and 1 approved by the state board, board of directors of 2 the community college shall be issued a high school 3 equivalency diploma by the department upon payment of 4 an additional amount determined in rules adopted by 5 the state board of education by the board to cover the 6 actual costs of the production and distribution of the 7 diploma. The state board of education may also by rule 8 establish a fee for the issuance or verification of a 9 transcript which shall be based on the actual costs of 10 the production or verification of a transcript. 11 Sec. 35. Section 259A.4, Code 2011, is amended to 12 read as follows: 13 259A.4 Use of fees. 14 The fees collected under the provisions of this 15 chapter shall be used for the expenses incurred in 16 administering, providing test materials, scoring of 17 examinations and issuance of high school equivalency 18 diplomas, and shall be disbursed on the authorization 19 of the director of the department of education board 20 of directors of the community college . The treasurer 21 of state shall be custodian of the funds paid to the 22 department community college and shall disburse the 23 same on vouchers audited as provided by law. The 24 unobligated balance in such funds at the close of each 25 biennium shall be placed in the general fund of the 26 state. 27 Sec. 36. Section 259A.5, Code 2011, is amended to 28 read as follows: 29 259A.5 Rules. 30 The director of the department of education Each 31 board of directors of the community college shall adopt 32 tests, definitions of terms, and forms as necessary for 33 the administration of this chapter . The state board 34 shall adopt rules under chapter 17A to carry out this 35 chapter . 36 Sec. 37. NEW SECTION . 260C.1A Transfer of 37 authority and duties. 38 1. Beginning July 1, 2013, the authority and 39 duties of the department of education, the state board 40 of education, and the director of the department of 41 education under this chapter shall, to the extent 42 feasible, be transferred to the boards of directors 43 of the community colleges serving the merged areas of 44 the state. Accordingly, beginning July 1, 2013, all 45 references to the department of education, the state 46 board of education, and the director of the department 47 of education under this chapter and references to the 48 department of education, the state board of education, 49 and the director of the department of education under 50 -11- SF2284.4685 (2) 84 md/sc 11/ 40
other provisions of law relating to this chapter shall 1 mean the applicable board of directors of a community 2 college. 3 2. Beginning July 1, 2013, transfer of the duties 4 and authority of the department shall also include 5 all duties and authority of the community colleges 6 division created within the department of education 7 under section 260C.6. 8 3. Any moneys remaining in any account or fund 9 under the control of the department of education at the 10 conclusion of the fiscal year beginning July 1, 2012, 11 relative to the provisions of this chapter shall be 12 transferred to the control of the applicable board of 13 directors of a community college for such purposes. 14 Notwithstanding section 8.33, the moneys transferred in 15 accordance with this subsection shall not revert to the 16 account or fund from which appropriated or transferred. 17 4. Any contract entered into by the department of 18 education relating to the provisions of this chapter in 19 effect at the conclusion of the fiscal year beginning 20 July 1, 2012, shall continue in full force and effect 21 pending transfer of such contracts to the boards of 22 directors of the community colleges. 23 5. Any rule, regulation, form, order, or directive 24 promulgated by the department of education relative 25 to the provisions of this chapter in existence at the 26 conclusion of the fiscal year beginning July 1, 2012, 27 shall continue in full force and effect. 28 Sec. 38. Section 260E.7, subsection 1, Code 29 Supplement 2011, is amended to read as follows: 30 1. The economic development authority, in 31 consultation with the department of education, the 32 department of revenue , and the department of workforce 33 development, shall coordinate and review the new jobs 34 training program. The economic development authority 35 shall adopt, amend, and repeal rules under chapter 36 17A that the community college will use in developing 37 projects with new and expanding industrial new jobs 38 training proposals and that the economic development 39 authority shall use to review and report on the new 40 jobs training program as required in this section . 41 Sec. 39. Section 260F.6B, Code Supplement 2011, is 42 amended to read as follows: 43 260F.6B High technology apprenticeship program. 44 The community colleges and the economic development 45 authority are authorized to fund high technology 46 apprenticeship programs which comply with the 47 requirements specified in section 260C.44 and which may 48 include both new and statewide apprenticeship programs. 49 Notwithstanding the provisions of section 260F.6, 50 -12- SF2284.4685 (2) 84 md/sc 12/ 40
subsection 2 , relating to maximum award amounts, 1 moneys allocated to the community colleges with high 2 technology apprenticeship programs shall be distributed 3 to the community colleges based upon contact hours 4 under the programs administered during the prior 5 fiscal year as determined by the department of 6 education economic development authority . The economic 7 development authority shall adopt rules governing this 8 section ’s operation and participant eligibility. 9 Sec. 40. Section 260F.7, Code Supplement 2011, is 10 amended to read as follows: 11 260F.7 Economic development authority to coordinate. 12 The economic development authority, in consultation 13 with the department of education and the department 14 of workforce development, shall coordinate the jobs 15 training program. A project shall not be funded 16 under this chapter unless the economic development 17 authority approves the project. The authority shall 18 adopt rules pursuant to chapter 17A governing the 19 program’s operation and eligibility for participation 20 in the program. The authority shall establish by rule 21 criteria for determining what constitutes an eligible 22 business. 23 Sec. 41. Section 260H.2, Code Supplement 2011, is 24 amended to read as follows: 25 260H.2 Pathways for academic career and employment 26 program. 27 A pathways for academic career and employment 28 program is established to provide funding to 29 community colleges for the development of projects 30 in coordination with the economic development 31 authority, the department of education, Iowa workforce 32 development, regional advisory boards established 33 pursuant to section 84A.4 , and community partners to 34 implement a simplified, streamlined, and comprehensive 35 process, along with customized support services, to 36 enable eligible participants to acquire effective 37 academic and employment training to secure gainful, 38 quality, in-state employment. 39 Sec. 42. Section 260H.8, Code Supplement 2011, is 40 amended to read as follows: 41 260H.8 Rules. 42 The department of education economic development 43 authority , in consultation with the community colleges , 44 the economic development authority, and Iowa the 45 department of workforce development, shall adopt rules 46 pursuant to chapter 17A and this chapter to implement 47 the provisions of this chapter . Regional advisory 48 boards established pursuant to section 84A.4 shall be 49 consulted in the development and implementation of 50 -13- SF2284.4685 (2) 84 md/sc 13/ 40
rules to be adopted pursuant to this chapter . 1 Sec. 43. Section 260I.3, subsection 1, Code 2 Supplement 2011, is amended to read as follows: 3 1. The department of education, in consultation 4 with the economic development authority , shall adopt 5 rules pursuant to this chapter defining eligibility 6 criteria for persons applying to receive tuition 7 assistance under this chapter . 8 Sec. 44. Section 260I.10, Code Supplement 2011, is 9 amended to read as follows: 10 260I.10 Oversight. 11 1. The department of education economic development 12 authority , in coordination with the community colleges, 13 shall establish a steering committee. The steering 14 committee shall determine if the performance measures 15 of the gap tuition assistance program are being met and 16 shall take necessary steps to correct any deficiencies. 17 The steering committee shall meet at least quarterly to 18 evaluate and monitor the performance of the gap tuition 19 assistance program. 20 2. The department of education economic development 21 authority , in coordination with the community colleges, 22 shall develop a common intake tracking system that 23 shall be implemented consistently by each participating 24 community college. 25 3. The department of education economic development 26 authority shall coordinate statewide oversight, 27 evaluation, and reporting efforts for the gap tuition 28 assistance program. 29 Sec. 45. Section 260I.11, Code Supplement 2011, is 30 amended to read as follows: 31 260I.11 Rules. 32 The department of education economic development 33 authority , in consultation with the economic 34 development authority and the community colleges, shall 35 adopt rules pursuant to chapter 17A and this chapter to 36 implement the provisions of this chapter . 37 Sec. 46. Section 261.1, subsection 2, paragraph b, 38 Code 2011, is amended by striking the paragraph. 39 Sec. 47. NEW SECTION . 261.8 Transfer of authority 40 and duties. 41 1. Beginning July 1, 2013, the authority 42 and duties of the department of education, the 43 state board of education, and the director of the 44 department of education under this chapter shall be 45 transferred to the college student aid commission. 46 Accordingly, beginning July 1, 2013, all references 47 to the department of education or the director of 48 the department of education under this chapter and 49 references to the department of education or the 50 -14- SF2284.4685 (2) 84 md/sc 14/ 40
director of the department of education under other 1 provisions of law relating to this chapter shall mean 2 the college student aid commission. 3 2. Any moneys remaining in any account or fund 4 under the control of the department of education at the 5 conclusion of the fiscal year beginning July 1, 2012, 6 relative to the provisions of this chapter shall be 7 transferred to the control of the college student aid 8 commission for such purposes. Notwithstanding section 9 8.33, the moneys transferred in accordance with this 10 subsection shall not revert to the account or fund from 11 which appropriated or transferred. 12 3. Any contract entered into by the department of 13 education relating to the provisions of this chapter in 14 effect at the conclusion of the fiscal year beginning 15 July 1, 2012, shall continue in full force and effect 16 pending transfer of such contracts to the college 17 student aid commission. 18 4. Any rule, regulation, form, order, or directive 19 promulgated by the department of education relative 20 to the provisions of this chapter in existence at the 21 conclusion of the fiscal year beginning July 1, 2012, 22 shall continue in full force and effect until amended, 23 repealed, or supplemented by affirmative action of 24 the college student aid commission under the duties 25 and powers established in this chapter and under the 26 procedure established in subsection 5. 27 5. In regard to updating references and format in 28 the Iowa administrative code in order to correspond 29 to the transferring of duties of this chapter, the 30 administrative rules coordinator and the administrative 31 rules review committee, in consultation with the 32 administrative code editor, shall jointly develop 33 a schedule for the necessary updating of the Iowa 34 administrative code. 35 Sec. 48. Section 261B.3A, subsection 2, Code 2011, 36 is amended to read as follows: 37 2. A practitioner preparation program operated 38 by a school that applies to register the program 39 in accordance with this chapter shall, in order to 40 register, be accredited by an agency or organization 41 approved or recognized by the United States department 42 of education or a successor agency, be approved by the 43 state board of education pursuant to section 256.7, 44 subsection 3 , and, subsequently, be approved for 45 operation by the commission. 46 Sec. 49. NEW SECTION . 261E.1A Transfer of 47 authority and duties. 48 1. Beginning July 1, 2013, the authority and 49 duties of the department of education, the state board 50 -15- SF2284.4685 (2) 84 md/sc 15/ 40
of education, and the director of the department of 1 education under this chapter shall be transferred to 2 the state board of regents. Accordingly, beginning 3 July 1, 2013, all references to the department of 4 education, the state board of education, or the 5 director of the department of education under this 6 chapter and references to the department of education, 7 state board of education, or director of the department 8 of education under other provisions of law relating to 9 this chapter shall mean the state board of regents. 10 2. Any moneys remaining in any account or fund 11 under the control of the department of education at 12 the conclusion of the fiscal year beginning July 1, 13 2012, relative to the provisions of this chapter shall 14 be transferred to the control of the state board of 15 regents for such purposes. Notwithstanding section 16 8.33, the moneys transferred in accordance with this 17 subsection shall not revert to the account or fund from 18 which appropriated or transferred. 19 3. Any contract entered into by the department of 20 education relating to the provisions of this chapter in 21 effect at the conclusion of the fiscal year beginning 22 July 1, 2012, shall continue in full force and effect 23 pending transfer of such contracts to the state board 24 of regents. 25 4. Any rule, regulation, form, order, or directive 26 promulgated by the department of education relative 27 to the provisions of this chapter in existence at the 28 conclusion of the fiscal year beginning July 1, 2012, 29 shall continue in full force and effect until amended, 30 repealed, or supplemented by affirmative action of the 31 state board of regents under the duties and powers 32 established in this chapter and under the procedure 33 established in subsection 5. 34 5. In regard to updating references and format in 35 the Iowa administrative code in order to correspond 36 to the transferring of duties of this chapter, the 37 administrative rules coordinator and the administrative 38 rules review committee, in consultation with the 39 administrative code editor, shall jointly develop 40 a schedule for the necessary updating of the Iowa 41 administrative code. 42 Sec. 50. Section 262.9, subsection 27, Code 43 Supplement 2011, is amended to read as follows: 44 27. Explore , in conjunction with the department 45 of education, the need for coordination between 46 school districts, area education agencies, state 47 board of regents institutions, and community 48 colleges for purposes of delivery of courses, use of 49 telecommunications, transportation, and other similar 50 -16- SF2284.4685 (2) 84 md/sc 16/ 40
issues. Coordination may include but is not limited 1 to coordination of calendars, programs, schedules, or 2 telecommunications emissions. The state board shall 3 develop recommendations as necessary, which shall be 4 submitted in a report to the general assembly on a 5 timely basis. 6 Sec. 51. Section 262.9, subsection 33, unnumbered 7 paragraph 1, Code Supplement 2011, is amended to read 8 as follows: 9 In consultation with the state board of education, 10 establish Establish and enter into a collective 11 statewide articulation agreement with the community 12 colleges established pursuant to chapter 260C , which 13 shall provide for the seamless transfer of academic 14 credits from a completed associate of arts or associate 15 of science degree program offered by a community 16 college to a baccalaureate degree program offered by an 17 institution of higher education governed by the board. 18 The board shall also do the following: 19 Sec. 52. Section 262.9, subsection 33, paragraph i, 20 Code Supplement 2011, is amended to read as follows: 21 i. Prepare, jointly with the department of 22 education and the liaison advisory committee on 23 transfer students, and submit by January 15 annually 24 to the general assembly, an update on the articulation 25 efforts and activities implemented by the community 26 colleges and the institutions of higher education 27 governed by the board. 28 Sec. 53. Section 262.71, subsection 9, Code 2011, 29 is amended by striking the subsection. 30 Sec. 54. Section 266.39C, subsection 2, paragraph 31 a, subparagraph (5), Code Supplement 2011, is amended 32 to read as follows: 33 (5) One representative of community colleges, 34 appointed by the state board of education governor . 35 Sec. 55. Section 266.39C, subsection 6, Code 36 Supplement 2011, is amended to read as follows: 37 6. The Iowa energy center shall cooperate with 38 the state board of education in developing develop 39 a curriculum which promotes energy efficiency and 40 conservation. 41 Sec. 56. Section 272.1, subsection 4, Code 2011, is 42 amended by striking the subsection. 43 Sec. 57. NEW SECTION . 272.1A Transfer of authority 44 and duties. 45 1. Beginning July 1, 2013, the authority and 46 duties of the department of education, the state board 47 of education, and the director of the department of 48 education under this chapter shall be transferred to 49 the board of educational examiners. Accordingly, 50 -17- SF2284.4685 (2) 84 md/sc 17/ 40
beginning July 1, 2013, all references to the 1 department of education, the state board of education, 2 or the director of the department of education under 3 this chapter and references to the department of 4 education, state board of education, or director of 5 the department of education under other provisions of 6 law relating to this chapter shall mean the board of 7 educational examiners. 8 2. Any moneys remaining in any account or fund 9 under the control of the department of education at the 10 conclusion of the fiscal year beginning July 1, 2012, 11 relative to the provisions of this chapter shall be 12 transferred to the control of the board of educational 13 examiners for such purposes. Notwithstanding section 14 8.33, the moneys transferred in accordance with this 15 subsection shall not revert to the account or fund from 16 which appropriated or transferred. 17 3. Any contract entered into by the department of 18 education relating to the provisions of this chapter in 19 effect at the conclusion of the fiscal year beginning 20 July 1, 2012, shall continue in full force and effect 21 pending transfer of such contracts to the board of 22 educational examiners. 23 Sec. 58. Section 272.3, Code 2011, is amended to 24 read as follows: 25 272.3 Membership. 26 1. The board of educational examiners consists of 27 twelve members. Two must be members of the general 28 public , one must be the director of the department of 29 education or the director’s designee, and the remaining 30 nine ten members must be licensed practitioners. One 31 of the public members shall have served on a school 32 board. The public members shall never have held a 33 practitioner’s license, but shall have a demonstrated 34 interest in education. The nine ten practitioners 35 shall be selected from the following areas and 36 specialties of the teaching profession: 37 a. Elementary teachers. 38 b. Secondary teachers. 39 c. Special education or other similar teachers. 40 d. Counselors or other special purpose 41 practitioners. 42 e. Administrators. 43 f. School service personnel. 44 2. A majority of the licensed practitioner members 45 shall be nonadministrative practitioners. Four of the 46 members shall be administrators. Membership of the 47 board shall comply with the requirements of sections 48 69.16 and 69.16A . A quorum of the board shall consist 49 of six members. Members shall elect a chairperson 50 -18- SF2284.4685 (2) 84 md/sc 18/ 40
of the board. Members , except for the director 1 of the department of education or the director’s 2 designee, shall be appointed by the governor subject to 3 confirmation by the senate. 4 Sec. 59. Section 272.4, subsection 1, unnumbered 5 paragraph 1, Code 2011, is amended to read as follows: 6 Members , except for the director of the department 7 of education or the director’s designee, shall be 8 appointed to serve staggered terms of four years. 9 A member shall not serve more than two consecutive 10 terms , except for the director of the department of 11 education or the director’s designee, who shall serve 12 until the director’s term of office expires . A member 13 of the board, except for the two public members and 14 the director of the department of education or the 15 director’s designee , shall hold a valid practitioner’s 16 license during the member’s term of office. A vacancy 17 exists when any of the following occur: 18 Sec. 60. Section 272.25, subsections 3, 4, and 8, 19 Code 2011, are amended to read as follows: 20 3. A requirement that the program include 21 instruction in skills and strategies to be used in 22 classroom management of individuals, and of small and 23 large groups, under varying conditions ; and skills for 24 communicating and working constructively with pupils, 25 teachers, administrators, and parents ; and skills for 26 understanding the role of the board of education and 27 the functions of other education agencies in the state . 28 The requirement shall be based upon recommendations of 29 the department of education after consultation with 30 teacher education faculty members in colleges and 31 universities. 32 4. A requirement that prescribes minimum 33 experiences and responsibilities to be accomplished 34 during the student teaching experience by the student 35 teacher and by the cooperating teacher based upon 36 recommendations of the department of education after 37 consultation with teacher education faculty members 38 in colleges and universities . The student teaching 39 experience shall include opportunities for the student 40 teacher to become knowledgeable about the Iowa teaching 41 standards, including a mock evaluation performed by 42 the cooperating teacher. The mock evaluation shall 43 not be used as an assessment tool by the practitioner 44 preparation program. The student teaching experience 45 shall consist of interactive experiences involving the 46 college or university personnel, the student teacher, 47 the cooperating teacher, and administrative personnel 48 from the cooperating teacher’s school district. 49 8. A requirement that an approved practitioner 50 -19- SF2284.4685 (2) 84 md/sc 19/ 40
preparation institution submit evidence that the 1 college or department of education is communicating 2 with other colleges or departments in the institution 3 so that practitioner preparation students may integrate 4 teaching methodology with subject matter areas of 5 specialization. 6 Sec. 61. NEW SECTION . 273.1A Transfer of authority 7 and duties. 8 1. Beginning July 1, 2013, the authority and 9 duties of the department of education, the state board 10 of education, and the director of the department of 11 education under this chapter shall, to the extent 12 feasible, be transferred to the area education agency 13 boards of directors in this state. Accordingly, 14 beginning July 1, 2013, all references to the 15 department of education, the state board of education, 16 and the director of the department of education 17 under this chapter and references to the department 18 of education, the state board of education, and the 19 director of the department of education under other 20 provisions of law relating to this chapter shall 21 mean the applicable area education agency board of 22 directors. 23 2. Any rule, regulation, form, order, or directive 24 promulgated by the department of education relative 25 to the provisions of this chapter in existence at the 26 conclusion of the fiscal year beginning July 1, 2012, 27 shall continue in full force and effect. 28 Sec. 62. NEW SECTION . 274.1A Transfer of authority 29 and duties. 30 1. Beginning July 1, 2013, the authority and duties 31 of the department of education and the director of 32 the department of education under this chapter shall, 33 to the extent feasible, be transferred to the area 34 education agency boards of directors in this state. 35 Accordingly, beginning July 1, 2013, all references 36 to the department of education and the director of 37 the department of education under this chapter and 38 references to the department of education and the 39 director of the department of education under other 40 provisions of law relating to this chapter shall 41 mean the applicable area education agency board of 42 directors. 43 2. Any rule, regulation, form, order, or directive 44 promulgated by the department of education or the 45 director of the department of education relative to 46 the provisions of this chapter in existence at the 47 conclusion of the fiscal year beginning July 1, 2012, 48 shall continue in full force and effect. 49 Sec. 63. NEW SECTION . 275.1A Transfer of authority 50 -20- SF2284.4685 (2) 84 md/sc 20/ 40
and duties. 1 1. Beginning July 1, 2013, the authority and 2 duties of the department of education, the state board 3 of education, and the director of the department of 4 education under this chapter shall, to the extent 5 feasible, be transferred to the area education agency 6 boards of directors in this state. Accordingly, 7 beginning July 1, 2013, all references to the 8 department of education, the state board of education, 9 and the director of the department of education 10 under this chapter and references to the department 11 of education, the state board of education, and the 12 director of the department of education under other 13 provisions of law relating to this chapter shall 14 mean the applicable area education agency board of 15 directors. 16 2. Any rule, regulation, form, order, or directive 17 promulgated by the department of education, the state 18 board of education, or the director of the department 19 of education relative to the provisions of this chapter 20 in existence at the conclusion of the fiscal year 21 beginning July 1, 2012, shall continue in full force 22 and effect. 23 Sec. 64. Section 276.3, subsections 5 and 9, Code 24 2011, are amended by striking the subsections. 25 Sec. 65. Section 279.51, subsection 1, unnumbered 26 paragraph 1, Code Supplement 2011, is amended to read 27 as follows: 28 There is appropriated from the general fund of the 29 state to the department of education management for the 30 fiscal year beginning July 1, 2007, and each succeeding 31 fiscal year, the sum of twelve million six hundred six 32 thousand one hundred ninety-six dollars. The moneys 33 shall be allocated as follows: 34 Sec. 66. NEW SECTION . 279.68 Transfer of authority 35 and duties. 36 1. Beginning July 1, 2013, the authority and 37 duties of the department of education, the state board 38 of education, and the director of the department of 39 education under this chapter, to the extent feasible, 40 shall be transferred to the boards of directors 41 for the respective school districts in the state. 42 Accordingly, beginning July 1, 2013, all references 43 to the department of education, the state board of 44 education, and the director of the department of 45 education under this chapter and references to the 46 department of education, the state board of education, 47 and the director of the department of education under 48 other provisions of law relating to this chapter shall 49 mean the applicable board of directors of the school 50 -21- SF2284.4685 (2) 84 md/sc 21/ 40
district. 1 2. Any rule, regulation, form, order, or directive 2 promulgated by the department of education, the state 3 board of education, or the director of the department 4 of education relative to the provisions of this chapter 5 in existence at the conclusion of the fiscal year 6 beginning July 1, 2012, shall continue in full force 7 and effect. 8 Sec. 67. NEW SECTION . 280.1A Transfer of authority 9 and duties. 10 1. Beginning July 1, 2013, the authority and 11 duties of the department of education, the state board 12 of education, and the director of the department of 13 education under this chapter, to the extent feasible, 14 shall be transferred to the boards of directors 15 for the respective school districts in the state. 16 Accordingly, beginning July 1, 2013, all references 17 to the department of education, the state board of 18 education, and the director of the department of 19 education under this chapter and references to the 20 department of education, the state board of education, 21 and the director of the department of education under 22 other provisions of law relating to this chapter shall 23 mean the applicable board of directors of the school 24 district. 25 2. Any rule, regulation, form, order, or directive 26 promulgated by the department of education, the state 27 board of education, or the director of the department 28 of education relative to the provisions of this chapter 29 in existence at the conclusion of the fiscal year 30 beginning July 1, 2012, shall continue in full force 31 and effect. 32 Sec. 68. NEW SECTION . 282.1A Transfer of authority 33 and duties. 34 1. Beginning July 1, 2013, the authority and 35 duties of the department of education, the state board 36 of education, and the director of the department of 37 education under this chapter, to the extent feasible, 38 shall be transferred to the boards of directors 39 for the respective school districts in the state. 40 Accordingly, beginning July 1, 2013, all references 41 to the department of education, the state board of 42 education, and the director of the department of 43 education under this chapter and references to the 44 department of education, the state board of education, 45 and the director of the department of education under 46 other provisions of law relating to this chapter shall 47 mean the applicable board of directors of the school 48 district. 49 2. Any rule, regulation, form, order, or directive 50 -22- SF2284.4685 (2) 84 md/sc 22/ 40
promulgated by the department of education, the state 1 board of education, or the director of the department 2 of education relative to the provisions of this chapter 3 in existence at the conclusion of the fiscal year 4 beginning July 1, 2012, shall continue in full force 5 and effect. 6 Sec. 69. Section 282.18, subsections 5 and 13, Code 7 2011, are amended to read as follows: 8 5. Open enrollment applications filed after March 9 1 of the preceding school year that do not qualify 10 for good cause as provided in subsection 4 shall be 11 subject to the approval of the board of the resident 12 district and the board of the receiving district. The 13 parent or guardian shall send notification to the 14 district of residence and the receiving district that 15 the parent or guardian seeks to enroll the parent’s or 16 guardian’s child in the receiving district. A decision 17 of either board to deny an application filed under this 18 subsection involving repeated acts of harassment of 19 the student or serious health condition of the student 20 that the resident district cannot adequately address 21 is subject to appeal under section 290.1 . The state 22 board shall exercise broad discretion to achieve just 23 and equitable results that are in the best interest of 24 the affected child or children. 25 13. If a request under this section is for transfer 26 to a laboratory school, as described in chapter 27 265 , the student, who is the subject of the request, 28 shall not be included in the basic enrollment of the 29 student’s district of residence, and the laboratory 30 school shall report the enrollment of the student 31 directly to the department of education management , 32 unless the number of students from the district 33 attending the laboratory school during the current 34 school year, as a result of open enrollment under this 35 section , exceeds the number of students enrolled in 36 the laboratory school from that district during the 37 1989-1990 school year. If the number of students 38 enrolled in the laboratory school from a district 39 during the current year exceeds the number of students 40 enrolled from that district during the 1989-1990 school 41 year, those students who represent the difference 42 between the current and the 1988-1989 school year 43 enrollment figures shall be included in the basic 44 enrollment of the students’ districts of residence 45 and the districts shall retain any moneys received 46 as a result of the inclusion of the student in the 47 district enrollment. The total number of students 48 enrolled at a laboratory school during a school year 49 shall not exceed six hundred seventy students. The 50 -23- SF2284.4685 (2) 84 md/sc 23/ 40
regents institution operating the laboratory school and 1 the board of directors of the school district in the 2 community in which the regents institution is located 3 shall develop a student transfer policy designed to 4 protect and promote the quality and integrity of the 5 teacher education program at the laboratory school, the 6 viability of the education program of the local school 7 district in which the regents institution is located, 8 and to indicate the order in which and reasons why 9 requests to transfer to a laboratory school shall be 10 considered. A laboratory school may deny a request for 11 transfer under the policy. A denial of a request to 12 transfer under this subsection is not subject to appeal 13 under section 290.1 . 14 Sec. 70. Section 283.1, Code 2011, is amended to 15 read as follows: 16 283.1 Federal funds accepted. 17 The director of the department of education 18 management is the “state educational authority” for 19 the purpose of accepting and administering funds 20 appropriated by Congress for educational purposes 21 and the funds shall be deposited with the treasurer 22 of state and disbursed through the department of 23 administrative services on vouchers audited as provided 24 by law. When state matching funds are required as 25 a condition to the acceptance of federal funds, the 26 director of the department of education management may 27 make expenditures for matching only from funds provided 28 by the legislature for that purpose. However, when 29 federal funds may be matched with expenditures from 30 funds appropriated for the general operation of the 31 department of education management , this may be done 32 with the approval of the legislative council. 33 Sec. 71. NEW SECTION . 283A.1A Transfer of 34 authority and duties. 35 1. Beginning July 1, 2013, the authority and 36 duties of the department of education, the state board 37 of education, and the director of the department of 38 education under this chapter, to the extent feasible, 39 shall be transferred to the boards of directors 40 for the respective school districts in the state. 41 Accordingly, beginning July 1, 2013, all references 42 to the department of education, the state board of 43 education, and the director of the department of 44 education under this chapter and references to the 45 department of education, the state board of education, 46 and the director of the department of education under 47 other provisions of law relating to this chapter shall 48 mean the applicable board of directors of the school 49 district. 50 -24- SF2284.4685 (2) 84 md/sc 24/ 40
2. Any rule, regulation, form, order, or directive 1 promulgated by the department of education, the state 2 board of education, or the director of the department 3 of education relative to the provisions of this chapter 4 in existence at the conclusion of the fiscal year 5 beginning July 1, 2012, shall continue in full force 6 and effect. 7 Sec. 72. Section 283A.3, Code 2011, is amended to 8 read as follows: 9 283A.3 Expenditure of federal funds. 10 The director of the department of education 11 management shall accept and direct the disbursement 12 of funds appropriated by any Act of Congress and 13 appropriated to the state of Iowa for use in connection 14 with school breakfast or lunch programs. The director 15 shall deposit the funds with the treasurer of the 16 state of Iowa, who shall make disbursements upon the 17 direction of the director. 18 Sec. 73. NEW SECTION . 284.1A Transfer of authority 19 and duties. 20 1. Beginning July 1, 2013, the authority and 21 duties of the department of education, the state board 22 of education, and the director of the department of 23 education under this chapter, to the extent feasible, 24 shall be transferred to the boards of directors 25 for the respective school districts in the state. 26 Accordingly, beginning July 1, 2013, all references 27 to the department of education, the state board of 28 education, and the director of the department of 29 education under this chapter and references to the 30 department of education, the state board of education, 31 and the director of the department of education under 32 other provisions of law relating to this chapter shall 33 mean the applicable board of directors of the school 34 district. 35 2. Any rule, regulation, form, order, or directive 36 promulgated by the department of education, the state 37 board of education, or the director of the department 38 of education relative to the provisions of this chapter 39 in existence at the conclusion of the fiscal year 40 beginning July 1, 2012, shall continue in full force 41 and effect. 42 Sec. 74. NEW SECTION . 284A.1A Transfer of 43 authority and duties. 44 1. Beginning July 1, 2013, the authority and 45 duties of the department of education, the state board 46 of education, and the director of the department of 47 education under this chapter, to the extent feasible, 48 shall be transferred to the boards of directors 49 for the respective school districts in the state. 50 -25- SF2284.4685 (2) 84 md/sc 25/ 40
Accordingly, beginning July 1, 2013, all references 1 to the department of education, the state board of 2 education, and the director of the department of 3 education under this chapter and references to the 4 department of education, the state board of education, 5 and the director of the department of education under 6 other provisions of law relating to this chapter shall 7 mean the applicable board of directors of the school 8 district. 9 2. Any rule, regulation, form, order, or directive 10 promulgated by the department of education, the state 11 board of education, or the director of the department 12 of education relative to the provisions of this chapter 13 in existence at the conclusion of the fiscal year 14 beginning July 1, 2012, shall continue in full force 15 and effect. 16 Sec. 75. NEW SECTION . 285.7 Transfer of authority 17 and duties. 18 1. Beginning July 1, 2013, the authority and 19 duties of the department of education, the state board 20 of education, and the director of the department of 21 education under this chapter, to the extent feasible, 22 shall be transferred to the boards of directors 23 for the respective school districts in the state. 24 Accordingly, beginning July 1, 2013, all references 25 to the department of education, the state board of 26 education, and the director of the department of 27 education under this chapter and references to the 28 department of education, the state board of education, 29 and the director of the department of education under 30 other provisions of law relating to this chapter shall 31 mean the applicable board of directors of the school 32 district. 33 2. Any rule, regulation, form, order, or directive 34 promulgated by the department of education, the state 35 board of education, or the director of the department 36 of education relative to the provisions of this chapter 37 in existence at the conclusion of the fiscal year 38 beginning July 1, 2012, shall continue in full force 39 and effect. 40 Sec. 76. Section 291.11, Code 2011, is amended to 41 read as follows: 42 291.11 Officers reported. 43 The secretary shall report to the director of the 44 department of education management , the county auditor, 45 and county treasurer the name and post office address 46 of the president, treasurer and secretary of the board 47 as soon as practicable after the qualification of each. 48 Sec. 77. NEW SECTION . 292.1A Transfer of authority 49 and duties. 50 -26- SF2284.4685 (2) 84 md/sc 26/ 40
1. Beginning July 1, 2013, the authority and duties 1 of the department of education under this chapter 2 shall be transferred to the department of revenue. 3 Accordingly, beginning July 1, 2013, all references 4 to the department of education under this chapter and 5 references to the department of education under other 6 provisions of law relating to this chapter shall mean 7 the department of revenue. 8 2. Any moneys remaining in any account or fund 9 under the control of the department of education at the 10 conclusion of the fiscal year beginning July 1, 2012, 11 relative to the provisions of this chapter shall be 12 transferred to the control of the department of revenue 13 for such purposes. Notwithstanding section 8.33, the 14 moneys transferred in accordance with this subsection 15 shall not revert to the account or fund from which 16 appropriated or transferred. 17 3. Any contract entered into by the department of 18 education relating to the provisions of this chapter in 19 effect at the conclusion of the fiscal year beginning 20 July 1, 2012, shall continue in full force and effect 21 pending transfer of such contracts to the department 22 of revenue. 23 4. Any rule, regulation, form, order, or directive 24 promulgated by the department of education relative 25 to the provisions of this chapter in existence at the 26 conclusion of the fiscal year beginning July 1, 2012, 27 shall continue in full force and effect until amended, 28 repealed, or supplemented by affirmative action of 29 the department of revenue under the duties and powers 30 established in this chapter and under the procedure 31 established in subsection 5. 32 5. In regard to updating references and format in 33 the Iowa administrative code in order to correspond 34 to the transferring of duties of this chapter, the 35 administrative rules coordinator and the administrative 36 rules review committee, in consultation with the 37 administrative code editor, shall jointly develop 38 a schedule for the necessary updating of the Iowa 39 administrative code. 40 Sec. 78. Section 294.5, Code 2011, is amended to 41 read as follows: 42 294.5 Reports. 43 The teacher shall file with the school 44 superintendent and the director of the department of 45 education such reports and in such manner as may be 46 required. 47 Sec. 79. Section 296.3, Code 2011, is amended to 48 read as follows: 49 296.3 Election called. 50 -27- SF2284.4685 (2) 84 md/sc 27/ 40
Within ten days of receipt of a petition filed under 1 section 296.2 , the president of the board of directors 2 shall call a meeting of the board. The meeting shall 3 be held within thirty days after the petition was 4 received. At the meeting, the board shall call the 5 election, fixing the time of the election, which 6 may be at the time and place of holding the regular 7 school election. However, if the board determines by 8 unanimous vote that the proposition or propositions 9 requested by a petition to be submitted at an election 10 are grossly unrealistic or contrary to the needs of 11 the school district, no election shall be called. If 12 more than one petition has been received by the time 13 the board meets to consider the petition triggering 14 the meeting, the board shall act upon the petitions in 15 the order they were received at the meeting called to 16 consider the initial petition. The decision of the 17 board may be appealed to the state board of education 18 as provided in chapter 290 . The president shall notify 19 the county commissioner of elections of the time of the 20 election. 21 Sec. 80. NEW SECTION . 297.37 Transfer of authority 22 and duties. 23 1. Beginning July 1, 2013, the authority and duties 24 of the department of education and the director of 25 the department of education under this chapter shall 26 be transferred to the department of administrative 27 services and the director of the department of 28 administrative services. Accordingly, beginning 29 July 1, 2013, all references to the department of 30 education and the director of the department of 31 education under this chapter and references to the 32 department of education and the director of the 33 department of education under other provisions of law 34 relating to this chapter shall mean the department 35 of administrative services or the director of the 36 department of administrative services. 37 2. Any rule, regulation, form, order, or directive 38 promulgated by the department of education or the 39 director of the department of education relative to 40 the provisions of this chapter in existence at the 41 conclusion of the fiscal year beginning July 1, 2012, 42 shall continue in full force and effect. 43 Sec. 81. Section 298A.8, Code 2011, is amended to 44 read as follows: 45 298A.8 Student activity fund. 46 The student activity fund is a special revenue 47 fund. A student activity fund must be established 48 in any school corporation receiving money from 49 student-related activities such as admissions, activity 50 -28- SF2284.4685 (2) 84 md/sc 28/ 40
fees, student dues, student fund-raising events, or 1 other student-related cocurricular or extracurricular 2 activities. Moneys in this fund shall be used to 3 support only the cocurricular program defined in 4 department of education administrative rules . 5 Sec. 82. NEW SECTION . 299.25 Transfer of authority 6 and duties. 7 1. Beginning July 1, 2013, the authority and 8 duties of the department of education, the state board 9 of education, and the director of the department of 10 education under this chapter, to the extent feasible, 11 shall be transferred to the boards of directors 12 for the respective school districts in the state. 13 Accordingly, beginning July 1, 2013, all references 14 to the department of education, the state board of 15 education, and the director of the department of 16 education under this chapter and references to the 17 department of education, the state board of education, 18 and the director of the department of education under 19 other provisions of law relating to this chapter shall 20 mean the applicable board of directors of the school 21 district. 22 2. Any rule, regulation, form, order, or directive 23 promulgated by the department of education, the state 24 board of education, or the director of the department 25 of education relative to the provisions of this chapter 26 in existence at the conclusion of the fiscal year 27 beginning July 1, 2012, shall continue in full force 28 and effect. 29 Sec. 83. NEW SECTION . 299A.1A Transfer of 30 authority and duties. 31 1. Beginning July 1, 2013, the authority and 32 duties of the department of education, the state board 33 of education, and the director of the department of 34 education under this chapter, to the extent feasible, 35 shall be transferred to the boards of directors 36 for the respective school districts in the state. 37 Accordingly, beginning July 1, 2013, all references 38 to the department of education, the state board of 39 education, and the director of the department of 40 education under this chapter and references to the 41 department of education, the state board of education, 42 and the director of the department of education under 43 other provisions of law relating to this chapter shall 44 mean the applicable board of directors of the school 45 district. 46 2. Any rule, regulation, form, order, or directive 47 promulgated by the department of education, the state 48 board of education, or the director of the department 49 of education relative to the provisions of this chapter 50 -29- SF2284.4685 (2) 84 md/sc 29/ 40
in existence at the conclusion of the fiscal year 1 beginning July 1, 2012, shall continue in full force 2 and effect. 3 Sec. 84. NEW SECTION . 301.1A Transfer of authority 4 and duties. 5 1. Beginning July 1, 2013, the authority and 6 duties of the department of education, the state board 7 of education, and the director of the department of 8 education under this chapter, to the extent feasible, 9 shall be transferred to the boards of directors 10 for the respective school districts in the state. 11 Accordingly, beginning July 1, 2013, all references 12 to the department of education, the state board of 13 education, and the director of the department of 14 education under this chapter and references to the 15 department of education, the state board of education, 16 and the director of the department of education under 17 other provisions of law relating to this chapter shall 18 mean the applicable board of directors of the school 19 district. 20 2. Any rule, regulation, form, order, or directive 21 promulgated by the department of education, the state 22 board of education, or the director of the department 23 of education relative to the provisions of this chapter 24 in existence at the conclusion of the fiscal year 25 beginning July 1, 2012, shall continue in full force 26 and effect. 27 Sec. 85. REPEAL. Sections 260C.6, 276.4, and 28 291.10, Code 2011, are repealed. 29 Sec. 86. REPEAL. Chapters 256 and 290, Code and 30 Code Supplement 2011, are repealed. 31 Sec. 87. EFFECTIVE DATE. This division of this Act 32 takes effect July 1, 2013. 33 DIVISION II 34 CORRESPONDING AMENDMENT LEGISLATION 35 Sec. 88. CORRESPONDING AMENDMENTS 36 LEGISLATION. Additional legislation is required 37 to fully implement division I of this Act. The 38 director of the department of education shall, in 39 compliance with section 2.16, prepare draft legislation 40 for submission to the legislative services agency, as 41 necessary, to implement the transition and elimination 42 of authority and duties under division I of this Act 43 and to implement the transition and elimination of 44 authority and duties under other provisions of law 45 including but not limited to the duties and authority 46 of the department of education, the state board of 47 education, the director of the department of education, 48 and any division, commission, or subunit of such 49 entities or offices under chapters 7A, 7E, 8A, 8D, 8F, 50 -30- SF2284.4685 (2) 84 md/sc 30/ 40
11, 12, 15, 15H, 16, 19B, 22, 48A, 68B, 73, 80E, 84A, 1 85, 96, 99B, 125, 135, 139A, 141A, 142A, 154B, 154F, 2 161A, 190A, 216A, 218, 220A, 225B, 225C, 232, 234, 237, 3 237A, 237B, 239B, 241, 249A, 257, 307A, 321, 321J, 322, 4 350, 423E, 423F, 455A, 455E, 473, 514I, 714, and 904. 5 DIVISION III 6 EDUCATION FINANCE AND 7 EDUCATION SAVINGS GRANTS 8 Sec. 89. Section 8.6, Code Supplement 2011, is 9 amended by adding the following new subsection: 10 NEW SUBSECTION . 18. Education savings grant 11 applications. Adopt rules relating to applications 12 for an education savings grant pursuant to section 13 257.3B, including application processing timelines, 14 and required information for submission by a parent or 15 guardian. 16 Sec. 90. Section 12D.3, subsection 1, paragraph a, 17 Code 2011, is amended to read as follows: 18 a. Each participation agreement may require a 19 participant to agree to invest a specific amount of 20 money in the trust for a specific period of time for 21 the benefit of a specific beneficiary. A participant 22 shall not be required to make an annual contribution 23 on behalf of a beneficiary. The maximum contribution 24 that may be deducted for Iowa income tax purposes shall 25 not exceed two thousand dollars per beneficiary per 26 year adjusted annually to reflect increases in the 27 consumer price index. A contribution to an account 28 that is the result of a transfer from an account in 29 the education savings grant fund under section 257.3B 30 shall not be considered a contribution that may be 31 deducted for Iowa income tax purposes. The treasurer 32 of state shall set an account balance limit to maintain 33 compliance with section 529 of the Internal Revenue 34 Code. A contribution shall not be permitted to the 35 extent it causes the aggregate balance of all accounts 36 established for the same beneficiary to exceed the 37 applicable account balance limit. 38 Sec. 91. Section 257.1, subsection 2, Code 2011, is 39 amended by striking the subsection. 40 Sec. 92. NEW SECTION . 257.1A Transfer of authority 41 and duties. 42 1. Beginning July 1, 2013, the authority and 43 duties of the department of education, the state board 44 of education, and the director of the department of 45 education under this chapter shall be transferred to 46 the department of management and the director of the 47 department of management. Accordingly, beginning July 48 1, 2013, all references to the department of education 49 under this chapter and references to the department of 50 -31- SF2284.4685 (2) 84 md/sc 31/ 40
education under other provisions of law relating to 1 this chapter shall mean the department of management 2 and all references to the state board of education or 3 the director of the department of education under this 4 chapter or other provisions of law relating to this 5 chapter shall mean the director of the department of 6 management. 7 2. Any moneys remaining in any account or fund 8 under the control of the department of education at 9 the conclusion of the fiscal year beginning July 1, 10 2012, relative to the provisions of this chapter shall 11 be transferred to the control of the department of 12 management for such purposes. Notwithstanding section 13 8.33, the moneys transferred in accordance with this 14 subsection shall not revert to the account or fund from 15 which appropriated or transferred. 16 3. Any contract entered into by the department of 17 education relating to the provisions of this chapter in 18 effect at the conclusion of the fiscal year beginning 19 July 1, 2012, shall continue in full force and effect 20 pending transfer of such contracts to the department of 21 management. 22 4. Any rule, regulation, form, order, or directive 23 promulgated by the department of education relative 24 to the provisions of this chapter in existence at the 25 conclusion of the fiscal year beginning July 1, 2012, 26 shall continue in full force and effect until amended, 27 repealed, or supplemented by affirmative action of the 28 department of management under the duties and powers 29 established in this chapter and under the procedure 30 established in subsection 5. 31 5. In regard to updating references and format in 32 the Iowa administrative code in order to correspond 33 to the transferring of duties of this chapter, the 34 administrative rules coordinator and the administrative 35 rules review committee, in consultation with the 36 administrative code editor, shall jointly develop 37 a schedule for the necessary updating of the Iowa 38 administrative code. 39 Sec. 93. Section 257.2, subsections 3, 5, 6, and 40 10, Code 2011, are amended by striking the subsections. 41 Sec. 94. Section 257.2, subsection 9, paragraph a, 42 Code 2011, is amended to read as follows: 43 a. Foundation aid Tuition collected by the school 44 district pursuant to section 257.3A . 45 Sec. 95. Section 257.3, subsection 1, paragraph b, 46 Code 2011, is amended by striking the paragraph. 47 Sec. 96. NEW SECTION . 257.3A Education savings 48 grant —— tuition. 49 A school district may collect as tuition from each 50 -32- SF2284.4685 (2) 84 md/sc 32/ 40
pupil enrolled in the school district an amount not 1 to exceed the education savings grant received by the 2 pupil for that school year under section 257.3B. 3 Sec. 97. NEW SECTION . 257.3B Education savings 4 grant program. 5 1. Pupils residing in this state eligible to enroll 6 in grades kindergarten through twelve, and enrolled 7 in a public school, attending an accredited nonpublic 8 school, or receiving competent private instruction 9 under chapter 299A shall be eligible to receive an 10 education savings grant in the manner provided in this 11 section for school years beginning on or after July 1, 12 2013. Education savings grants shall be available for 13 disbursement to parents and guardians for the payment 14 of qualified education expenses as provided in this 15 section. 16 2. a. (1) By January 31 preceding the school year 17 for which the education savings grant is requested, the 18 parent or guardian of the pupil requesting to receive 19 an education savings grant shall submit an application 20 to the department of management, on application forms 21 developed by the department, indicating that the parent 22 or guardian intends to enroll the pupil in either a 23 public school or an accredited nonpublic school, or 24 provide competent private instruction for the pupil 25 under chapter 299A. 26 (2) In addition to such information deemed 27 appropriate by the department of management, the 28 application shall require the following information: 29 (a) Certification from the public school or the 30 accredited nonpublic school of the pupil’s enrollment 31 for the following school year, or a statement 32 indicating the parent or guardian’s intent to provide 33 or arrange for competent private instruction for the 34 pupil for the following school year. 35 (b) Certification from the parent or guardian of 36 the pupil that an account has been established in the 37 pupil’s name in the Iowa education savings plan trust 38 pursuant to chapter 12D. 39 b. By March 1 preceding the school year for 40 which the education savings grant is requested, the 41 department of management shall certify the number 42 of pupils in each school district designated for the 43 following school year to receive an education savings 44 grant. The department of management shall also notify 45 the parent or guardian of such pupils who are approved 46 to receive an education savings grant. 47 c. Education savings grants shall only be approved 48 for one school year and applications must be submitted 49 under paragraph “a” for education savings grants in 50 -33- SF2284.4685 (2) 84 md/sc 33/ 40
subsequent school years. 1 3. a. The department of management shall assign 2 each pupil an education savings grant of three thousand 3 seven hundred dollars. 4 b. The department of management shall on July 1 5 transfer such amounts to the pupil’s account in the 6 Iowa education savings grant fund established under 7 subsection 4. Such amount shall be available for 8 disbursement to the pupil’s parent or guardian for the 9 payment of qualified educational expenses incurred by 10 such persons for the pupil during that school year. 11 4. An Iowa education savings grant fund is 12 created in the state treasury under the control of 13 the department of management consisting of moneys 14 appropriated to the department for the purpose of 15 providing education savings grants under this section. 16 For the fiscal year commencing July 1, 2013, and each 17 succeeding fiscal year, there is appropriated from 18 the general fund of the state to the department of 19 management the amount necessary to pay all education 20 savings grants approved for that fiscal year. The 21 director of the department of management has all powers 22 necessary to carry out and effectuate the purposes, 23 objectives, and provisions of this section pertaining 24 to the fund, including the power to do all of the 25 following: 26 a. Make and enter into contracts necessary for the 27 administration of the fund. 28 b. Procure insurance against any loss in connection 29 with the assets of the fund. 30 c. Make disbursements from a pupil’s account within 31 the fund to the pupil’s parents or guardians for the 32 payment of qualified educational expenses. 33 d. Make transfers to pupils’ Iowa education savings 34 plan trust accounts established under chapter 12D. 35 e. Adopt rules pursuant to chapter 17A for the 36 administration of the fund and accounts within the 37 fund. 38 5. a. For each pupil approved for an education 39 savings grant, the department shall establish an 40 account for that pupil in the education savings grant 41 fund. The amount of the pupil’s education savings 42 grant shall be deposited into the pupil’s account on 43 July 1 and such amount shall be immediately available 44 for disbursement to parents and guardians upon filing 45 and approval of claims from the pupil’s account for 46 qualified education expenses incurred by the parent or 47 guardian for the pupil during that fiscal year. 48 b. A parent or guardian of a pupil may on forms 49 prescribed by the department of management submit 50 -34- SF2284.4685 (2) 84 md/sc 34/ 40
claims for disbursements of moneys within the account. 1 The department may by rule designate the appropriate 2 supporting documentation necessary for the disbursement 3 of moneys in an account including but not limited to 4 invoices of amounts due and receipts of amounts paid 5 for qualified education expenses. 6 c. The department of management shall upon 7 conclusion of the fiscal year and disbursement of 8 all claims submitted by a parent or guardian before 9 conclusion of the fiscal year transfer any remaining 10 amounts in the pupil’s account within the education 11 savings grant fund to the pupil’s Iowa education 12 savings plan trust account pursuant to chapter 12D. 13 6. For purposes of this section, “qualified 14 educational expense” includes tuition at a public 15 school collected under section 257.3A, tuition and 16 fees at an accredited nonpublic school, textbooks, 17 payment to a licensed or accredited tutor, curriculum 18 materials, tuition or fees for nonpublic online 19 education programs, education materials and services 20 for pupils with disabilities, standardized test fees, 21 and other expenses incurred by the parent or guardian 22 that are directly related to the education of the pupil 23 at a public school or an accredited nonpublic school 24 or directly related to providing competent private 25 instruction for the pupil under chapter 299A. 26 7. A person who makes a false claim for the purpose 27 of obtaining an education savings grant provided 28 for in this section or who knowingly receives the 29 grant without being legally entitled to it is guilty 30 of a fraudulent practice. The false claim for an 31 education savings grant shall be disallowed and if 32 amounts from the grant have been disbursed from the 33 applicable account in the education savings grant 34 fund or transferred to an Iowa education savings plan 35 trust account under chapter 12D, the department of 36 management shall initiate legal proceedings to recover 37 such amounts. 38 Sec. 98. Section 257.4, subsection 1, paragraph a, 39 Code 2011, is amended to read as follows: 40 a. A school district shall cause an additional 41 property tax to be levied each year. The rate of 42 the additional property tax levy in a school district 43 shall be determined by the department of management and 44 shall be calculated to raise the difference between 45 the combined district cost school district’s total 46 certified budget for the budget year and the sum of the 47 following: 48 (1) The product of the regular program foundation 49 base per pupil times the weighted enrollment in the 50 -35- SF2284.4685 (2) 84 md/sc 35/ 40
district The amount raised by the foundation property 1 tax for the budget year in the school district . 2 (2) The product of special education support 3 services foundation base per pupil times the special 4 education support services weighted enrollment in the 5 district The total amount of tuition collected from 6 pupils within the district for the budget year pursuant 7 to section 257.3A . 8 (3) The total teacher salary supplement district 9 cost. 10 (4) The total professional development supplement 11 district cost. 12 (5) The total early intervention supplement 13 district cost. 14 (6) The total area education agency teacher salary 15 supplement district cost. 16 (7) The total area education agency professional 17 development supplement district cost. 18 Sec. 99. Section 257.4, subsection 1, paragraph b, 19 Code 2011, is amended by striking the paragraph. 20 Sec. 100. Section 257.4, subsection 2, Code 2011, 21 is amended by striking the subsection. 22 Sec. 101. Section 257.6, subsection 1, paragraph 23 a, Code 2011, is amended by adding the following new 24 subparagraph: 25 NEW SUBPARAGRAPH . (8) Resident pupils receiving 26 an education savings grant pursuant to section 257.3B 27 and not included in the actual enrollment under another 28 provision of this paragraph. 29 Sec. 102. Section 257.6, subsections 3 and 5, Code 30 2011, are amended by striking the subsections. 31 Sec. 103. Section 257.7, subsection 1, Code 2011, 32 is amended to read as follows: 33 1. Budgets. School districts are subject to 34 chapter 24 . The authorized expenditures of a school 35 district during a base year shall not exceed the lesser 36 of the budget for that year certified under section 37 24.17 plus any allowable amendments permitted in this 38 section , or the authorize d certified budget, which is 39 the sum of the combined district cost for that year, 40 including the actual miscellaneous income received for 41 that year , and the actual unspent balance from the 42 preceding year. 43 Sec. 104. Section 257.8, subsections 1, 3, 4, 5, 6, 44 and 7, Code Supplement 2011, are amended by striking 45 the subsections. 46 Sec. 105. Section 257.9, subsections 1 through 5, 47 Code 2011, are amended by striking the subsections. 48 Sec. 106. Section 257.10, subsections 1 through 8, 49 Code 2011, are amended by striking the subsections. 50 -36- SF2284.4685 (2) 84 md/sc 36/ 40
Sec. 107. Section 257.16, subsections 1 and 4, Code 1 2011, are amended to read as follows: 2 1. There is appropriated each year from the general 3 fund of the state an amount necessary to pay the 4 foundation aid and education savings grants under this 5 chapter , and the preschool foundation aid under chapter 6 256C , supplementary aid under section 257.4, subsection 7 2 , and adjusted additional property tax levy aid under 8 section 257.15, subsection 4 . 9 4. Notwithstanding any provision to the contrary, 10 if the governor orders budget reductions in accordance 11 with section 8.31 , the teacher salary supplement 12 district cost, the professional development supplement 13 district cost, and the early intervention supplement 14 district cost as calculated under section 257.10, 15 subsections 9, 10, and 11 , and the area education 16 agency teacher salary supplement district cost and 17 the area education agency professional development 18 supplement district cost as calculated under section 19 257.37A, subsections 1 and 2 , shall be paid in full as 20 calculated and the reductions in the appropriations 21 provided in accordance with this section shall be 22 reduced from the remaining moneys appropriated pursuant 23 to this section and shall be distributed on a per 24 pupil basis calculated with the weighted enrollment 25 determined in accordance with section 257.6, subsection 26 5 . 27 Sec. 108. Section 257.30, Code 2011, is amended to 28 read as follows: 29 257.30 School budget review committee. 30 1. A school budget review committee is established 31 in the department of education management and consists 32 of the director of the department of education 33 management in an ex officio, nonvoting capacity , the 34 director of the department of management, and four 35 members who are knowledgeable in the areas of Iowa 36 school finance or public finance issues appointed 37 by the governor to represent the public. At least 38 one of the public members shall possess a master’s 39 or doctoral degree in which areas of school finance, 40 economics, or statistics are an integral component, 41 or shall have equivalent experience in an executive 42 administrative or senior research position in the 43 education or public administration field. The members 44 appointed by the governor shall serve staggered 45 three-year terms beginning and ending as provided in 46 section 69.19 and are subject to senate confirmation as 47 provided in section 2.32 . The committee shall meet and 48 hold hearings each year and shall continue in session 49 until it has reviewed budgets of school districts, as 50 -37- SF2284.4685 (2) 84 md/sc 37/ 40
provided in section 257.31 . The committee may call 1 in school board members and employees as necessary 2 for the hearings. The committee’s scheduled hearing 3 agendas and the minutes of such hearings shall be 4 posted on the department of education’s internet site. 5 Legislators shall be notified of hearings concerning 6 school districts in their legislative districts. 7 2. The committee shall adopt its own rules of 8 procedure under chapter 17A . The director of the 9 department of education management shall serve as 10 chairperson, and the a public member designated by the 11 director of the department of management shall serve 12 as secretary. The committee members representing the 13 public are entitled to receive their necessary expenses 14 while engaged in their official duties. Members shall 15 be paid a per diem at the rate specified in section 16 7E.6 . Per diem and expense payments shall be made 17 from appropriations to the department of education 18 management . 19 3. The department of education management shall 20 employ a staff member to assist the school budget 21 review committee. 22 Sec. 109. Section 257.34, Code 2011, is amended to 23 read as follows: 24 257.34 Cash reserve information. 25 If a school district receives less state school 26 foundation aid under section 257.1 than is due under 27 that section this chapter for a base year and the 28 school district uses funds from its cash reserve during 29 the base year to make up for the amount of state aid 30 not paid, the board of directors of the school district 31 shall include in its general fund budget document 32 information about the amount of the cash reserve used 33 to replace state school foundation aid not paid. 34 Sec. 110. Section 257.37A, subsection 1, paragraph 35 c, subparagraph (1), Code 2011, is amended to read as 36 follows: 37 (1) The unadjusted area education agency teacher 38 salary supplement district cost is the area education 39 agency teacher salary supplement district cost per 40 pupil for each area education agency for a budget year 41 multiplied by the special education support services 42 weighted enrollment for that area education agency. 43 Sec. 111. Section 257.37A, subsection 2, paragraph 44 c, subparagraph (1), Code 2011, is amended to read as 45 follows: 46 (1) The unadjusted area education agency 47 professional development supplement district cost is 48 the area education agency professional development 49 supplement district cost per pupil for each area 50 -38- SF2284.4685 (2) 84 md/sc 38/ 40
education agency for a budget year multiplied by the 1 special education support services weighted enrollment 2 for that area education agency. 3 Sec. 112. REPEAL. Sections 257.5, 257.11, 257.11A, 4 257.12, 257.13, 257.14, 257.15, 257.16A, 257.18, 5 257.19, 257.20, 257.21, 257.22, 257.23, 257.24, 257.25, 6 257.26, 257.27, 257.28, 257.29, 257.38, 257.39, 257.40, 7 257.41, 257.42, 257.43, 257.44, 257.45, 257.46, 257.47, 8 257.48, and 257.49, Code 2011, are repealed. 9 Sec. 113. APPLICABILITY. This division of this 10 Act applies to school budget years and fiscal years 11 beginning on or after July 1, 2013. 12 Sec. 114. EFFECTIVE DATE. This division of this 13 Act takes effect July 1, 2013. 14 DIVISION IV 15 CORRESPONDING AMENDMENTS LEGISLATION 16 Sec. 115. CORRESPONDING AMENDMENTS 17 LEGISLATION. Additional legislation is required 18 to fully implement division III of this Act. The 19 director of the department of education shall, in 20 compliance with section 2.16, prepare draft legislation 21 for submission to the legislative services agency, as 22 necessary, to implement the transition and elimination 23 of authority and duties of the department of education, 24 the state board of education, and director of the 25 department of education under division III of this Act, 26 to implement the school finance modifications under 27 division III of this Act, to implement the education 28 savings grant program created in division III of this 29 Act, and to implement the transition and elimination 30 of authority and duties under other provisions of law 31 including but not limited to the duties and authority 32 of the department of education, the state board of 33 education, the director of the department of education, 34 and any division, commission, or subunit of such 35 entities or offices under chapters 11, 24, 256B, 256C, 36 256D, 256F, 257, 260C, 261E, 273, 275, 279, 280, 282, 37 284, 284A, 285, 298, 299A, 301, 321, 331, 422, 423E, 38 and 423F. > 39 2. Title page, by striking lines 1 through 4 and 40 inserting < An Act relating to education and school 41 district funding by abolishing the department of 42 education and the state board of education, modifying 43 the duties and authority of certain state and local 44 governmental entities, establishing an education 45 savings grant program and fund, making appropriations, 46 modifying the school district funding formula, 47 providing penalties, and including effective date and 48 applicability provisions. > 49 -39- SF2284.4685 (2) 84 md/sc 39/ 40
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