House File 847 S-3165 Amend House File 847, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 10, by striking lines 20 through 30. 3 2. Page 11, by striking lines 25 through 30. 4 3. By striking page 11, line 31, through page 12, line 10, 5 and inserting: 6 < Sec. ___. EXTRACURRICULAR INELIGIBILITY. In addition 7 to the circumstances enumerated under section 256.46, 8 subsection 1, and section 282.18, subsection 11, for which 9 the ineligibility period for extracurricular interscholastic 10 contests or competitions shall not apply, and notwithstanding 11 any provision of law or rule of the state board of education to 12 the contrary, for determinations of eligibility for the school 13 year beginning July 1, 2020, and the school year beginning 14 July 1, 2021, a child may participate immediately in varsity 15 interscholastic contests or competitions upon enrollment in a 16 school or school district, if the child was previously enrolled 17 in the school or school district on the first day of the school 18 calendar for the school year beginning July 1, 2020, then 19 enrolls in a different school or school district for a portion 20 of the school year beginning July 1, 2020, and then, before 21 July 1, 2021, reenrolls in the school or school district in 22 which the child was initially enrolled. > 23 4. By striking page 12, line 11, through page 13, line 6, 24 and inserting: 25 < Sec. ___. EFFECTIVE DATE. The following, being deemed of 26 immediate importance, take effect upon enactment: 27 1. The portion of the section of this division of this 28 Act enacting section 282.18, subsection 11, paragraph “a”, 29 subparagraph (9). 30 2. The portion of the section of this division of this 31 Act enacting section 282.18, subsection 11, paragraph “a”, 32 subparagraph (10). 33 3. The section of this division of this Act establishing 34 an exception to the ineligibility period for extracurricular 35 -1- HF 847.2179 (2) 89 md/jh 1/ 7 #1. #2. #3. #4.
interscholastic contests or competitions for the school year 1 beginning July 1, 2020, and the school year beginning July 1, 2 2021. 3 Sec. ___. RETROACTIVE APPLICABILITY. The following apply 4 retroactively to July 1, 2020: 5 1. The section of this division of this Act enacting section 6 256.46, subsection 1, paragraph “i”. 7 2. The portion of the section of this division of this 8 Act enacting section 282.18, subsection 11, paragraph “a”, 9 subparagraph (9). 10 3. The section of this division of this Act establishing 11 an exception to the ineligibility period for extracurricular 12 interscholastic contests or competitions for the school year 13 beginning July 1, 2020, and the school year beginning July 1, 14 2021. > 15 5. Page 15, after line 20 by inserting: 16 < DIVISION ___ 17 PLEDGE OF ALLEGIANCE 18 Sec. ___. Section 280.5, Code 2021, is amended to read as 19 follows: 20 280.5 Display of United States flag and Iowa state flag —— 21 pledge of allegiance . 22 1. The board of directors of each public school district 23 and the authorities in charge of each nonpublic school shall 24 provide and maintain a suitable flagstaff on each school site 25 under its control, and the United States flag and the Iowa 26 state flag shall be raised on all school days when weather 27 conditions are suitable. 28 2. The board of directors of each public school district 29 shall administer the pledge of allegiance in grades one through 30 twelve each school day. Each classroom in which the pledge of 31 allegiance is recited pursuant to this subsection shall display 32 the United States flag during the recitation. A student shall 33 not be compelled against the student’s objections or those of 34 the student’s parent or guardian to recite the pledge. 35 -2- HF 847.2179 (2) 89 md/jh 2/ 7 #5.
DIVISION ___ 1 FACE COVERING REQUIREMENTS 2 Sec. ___. NEW SECTION . 280.31 Face coverings. 3 1. The principal of a public school attendance center or 4 nonpublic school attendance center shall have the authority to 5 allow students of the attendance center to attend in-person 6 instruction at the attendance center without wearing a face 7 covering as required or recommended by federal or state 8 statute, regulation, or order, county or city ordinance, 9 regulation, or order, or public health guidance, if the 10 principal believes that allowing such attendance without 11 wearing a face covering is in the best interest of the students 12 by ensuring that students receive quality education, preventing 13 health-related conditions caused by face coverings, or 14 otherwise supporting the physical health, mental health, and 15 overall well-being of the students. 16 2. a. A principal’s decision to allow students to attend 17 in-person instruction at the attendance center without wearing 18 a face covering under subsection 1 shall not constitute any 19 of the conditions specified in section 686D.4, subsections 1 20 through 3. 21 b. For purposes of section 686D.5, a principal’s decision 22 under subsection 1 shall not be construed to be an act or 23 omission that is not in substantial compliance with, or that 24 is consistent with, any federal or state statute, regulation, 25 order, or public health guidance related to COVID-19 that was 26 applicable at the time of the alleged exposure or potential 27 exposure to COVID-19. 28 Sec. ___. EFFECTIVE DATE. This division of this Act, being 29 deemed of immediate importance, takes effect upon enactment. 30 DIVISION ___ 31 SCHOOL TUITION ORGANIZATION TAX CREDIT 32 Sec. ___. Section 422.11S, subsection 1, Code 2021, is 33 amended to read as follows: 34 1. The taxes imposed under this subchapter , less the 35 -3- HF 847.2179 (2) 89 md/jh 3/ 7
credits allowed under section 422.12 , shall be reduced by a 1 school tuition organization tax credit equal to sixty-five 2 seventy-five percent of the amount of the voluntary cash or 3 noncash contributions made by the taxpayer during the tax year 4 to a school tuition organization, subject to the total dollar 5 value of the organization’s tax credit certificates as computed 6 in subsection 8 . The tax credit shall be claimed by use of a 7 tax credit certificate as provided in subsection 7 . 8 Sec. ___. Section 422.11S, subsection 8, paragraph a, 9 subparagraph (2), Code 2021, is amended to read as follows: 10 (2) (a) “Total approved tax credits” means for the 2006 11 calendar year, two million five hundred thousand dollars, for 12 the 2007 calendar year, five million dollars, for calendar 13 years beginning on or after January 1, 2008, but before January 14 1, 2012, seven million five hundred thousand dollars, for 15 calendar years beginning on or after January 1, 2012, but 16 before January 1, 2014, eight million seven hundred fifty 17 thousand dollars, for calendar years beginning on or after 18 January 1, 2014, but before January 1, 2019, twelve million 19 dollars, and for calendar years beginning on or after January 20 1, 2019, but before January 1, 2020, thirteen million dollars, 21 and for calendar years beginning on or after January 1, 2020, 22 but before January 1, 2022, fifteen million dollars , and for 23 calendar years beginning on or after January 1, 2022, twenty 24 million dollars . 25 (b) (i) During any calendar year beginning on or after 26 January 1, 2022, if the amount of awarded tax credits from the 27 preceding calendar year are equal to or greater than ninety 28 percent of the total approved tax credits for the current 29 calendar year, the total approved tax credits for the current 30 calendar year shall equal the product of ten percent multiplied 31 by the total approved tax credits for the current calendar year 32 plus the total approved tax credits for the current calendar 33 year. 34 (ii) If total approved tax credits are recomputed pursuant 35 -4- HF 847.2179 (2) 89 md/jh 4/ 7
to subparagraph subdivision (i), the total approved tax credits 1 shall equal the previous total approved tax credits recomputed 2 pursuant to subparagraph subdivision (i) for purposes of future 3 recomputations under subparagraph subdivision (i), provided 4 that the maximum total approved tax credits recomputed pursuant 5 to this subparagraph division (b) shall not exceed twenty 6 million dollars in a calendar year. 7 Sec. ___. RETROACTIVE APPLICABILITY. The following applies 8 retroactively to January 1, 2021, for tax years beginning on 9 or after that date: 10 The section of this division of this Act amending section 11 422.11S, subsection 1. 12 DIVISION ___ 13 CHARTER SCHOOLS 14 Sec. ___. Section 256E.5, if enacted by 2021 Iowa Acts, 15 House File 813, is amended by adding the following new 16 subsection: 17 NEW SUBSECTION . 7A. a. The state board shall not approve a 18 charter school application under this section if approval would 19 result in a number of charter school attendance centers for 20 charter schools approved under this section that violates any 21 of the following for the geographic area within the state where 22 the charter school is proposed to be located: 23 (1) More than one charter school attendance center for the 24 elementary school grade levels per ten thousand public and 25 nonpublic students in grades kindergarten through grade twelve 26 residing in the geographic area. 27 (2) More than one charter school attendance center for 28 the middle school or junior high school grade levels per ten 29 thousand public and nonpublic students in grades kindergarten 30 through grade twelve residing in the geographic area. 31 (3) More than one charter school attendance center for the 32 high school grade levels per ten thousand public and nonpublic 33 students in grades kindergarten through grade twelve residing 34 in the geographic area. 35 -5- HF 847.2179 (2) 89 md/jh 5/ 7
b. This subsection is repealed July 1, 2026. 1 Sec. ___. Section 256E.7, subsections 2A, 3, and 5, if 2 enacted by 2021 Iowa Acts, House File 813, are amended to read 3 as follows: 4 2A. a. The governing board’s meetings shall be conducted 5 in a manner that is open to the public and the governing board 6 shall be a governmental body for purposes of chapter 21. 7 b. The governing board shall be a government body for 8 purposes of chapter 22 and all records, documents, and 9 electronic data of the charter school and of the governing 10 board shall be public records and shall be subject to the 11 provisions of chapter 22 relating to the examination of public 12 records. 13 3. a. A charter school shall employ or contract with 14 teachers as defined in section 272.1, who hold valid licenses 15 with an endorsement for the type of instruction or service for 16 which the teachers are employed or under contract. 17 b. The chief administrator of the charter school shall be 18 one of the following: 19 (1) An administrator who holds a valid license under chapter 20 272. 21 (2) A teacher who holds a valid license under chapter 272. 22 (3) An individual who holds an authorization to be 23 a charter school administrator issued by the board of 24 educational examiners under chapter 272. The board of 25 educational examiners shall adopt rules for the issuance of 26 such authorizations not later than December 31, 2021, and such 27 authorizations shall only be valid for service or employment as 28 a charter school administrator. 29 5. A charter school shall enroll an eligible student who 30 submits a timely application unless the number of applications 31 exceeds the capacity of a program, class, grade level, or 32 building. In this case, students must be accepted by lot. 33 Upon enrollment of an eligible student, the charter school 34 shall notify the public school district of residence not later 35 -6- HF 847.2179 (2) 89 md/jh 6/ 7
than March 1 of the preceding school year preceding the school 1 year of enrollment . 2 Sec. ___. Section 256E.10, subsection 2, if enacted by 2021 3 Iowa Acts, House File 813, is amended to read as follows: 4 2. As part of the charter school contract, the charter 5 school may be required to shall submit an annual report to 6 assist the state board in evaluating the charter school’s 7 performance and compliance with the performance framework. > 8 6. Title page, line 1, after < programs, > by inserting 9 < requirements, > 10 7. By renumbering, redesignating, and correcting internal 11 references as necessary. 12 ______________________________ COMMITTEE ON WAYS AND MEANS DAN DAWSON, CHAIRPERSON -7- HF 847.2179 (2) 89 md/jh 7/ 7 #6. #7.