House File 2612 H-8107 Amend House File 2612 as follows: 1 1. Page 1, line 5, by striking < Beginning July 1, 2025, 2 oversee > and inserting < Oversee > 3 2. By striking page 1, line 33, through page 2, line 2, and 4 inserting: 5 < 2. Within the main office of each area education 6 agency, devote an amount of full-time equivalent positions, 7 as determined by the division of special education of the 8 department of education but not to exceed forty full-time 9 equivalent positions in the aggregate, that is commensurate 10 with the number of students enrolled in school districts 11 located within the area education agency to ensure the area 12 education agency complies with all applicable federal and state 13 laws related to special education and to review the services 14 provided by the area education agency. > 15 3. Page 2, after line 4 by inserting: 16 < Sec. ___. Section 256.9, Code 2024, is amended by adding 17 the following new subsection: 18 NEW SUBSECTION . 36. Develop and distribute to school 19 districts, accredited nonpublic schools, and area education 20 agencies a list of evidence-based professional development 21 services that an area education agency may provide to a school 22 district or accredited nonpublic school pursuant to section 23 273.2, subsection 3, paragraph “b” . > 24 4. Page 2, line 5, by striking < subsections 1 and 3, > and 25 inserting < subsections 1, 3, and 4, > 26 5. By striking page 2, line 33, through page 3, line 2, and 27 inserting: 28 < b. The area education agency may furnish evidence-based 29 professional development services to public or nonpublic 30 schools which are on the list of accredited schools pursuant 31 to section 256.11 if any of the following requirements are 32 satisfied: 33 (1) The professional development service is included on the 34 list developed by the director of the department of education 35 -1- HF 2612.3349 (2) 90 jda/jh 1/ 12 #1. #2. #3. #4. #5.

pursuant to section 256.9, subsection 36. 1 (2) The director of the department of education grants 2 approval to the area education agency to furnish the 3 evidence-based professional development services. 4 4. The area education agency board shall provide for special 5 education services and media services for the local school 6 districts in the area and shall encourage and assist school 7 districts in the area to establish programs for gifted and 8 talented children. The board shall assist in facilitating 9 interlibrary loans of materials between school districts and 10 other libraries. > 11 6. Page 3, before line 3 by inserting: 12 < Sec. ___. Section 273.2, Code 2024, is amended by adding 13 the following new subsections: 14 NEW SUBSECTION . 4A. a. The area education agency board may 15 furnish services under subsection 3 or 4 to public or nonpublic 16 schools located within its boundaries, or within the boundaries 17 of a contiguous area education agency, which are on the list of 18 accredited schools pursuant to section 256.11. 19 b. Notwithstanding paragraph “a” , the area education agency 20 board may furnish services under subsection 3 or 4 to a public 21 school located within the boundaries of an area education 22 agency that is not contiguous if the school district shares 23 a superintendent with another school district, pursuant to 24 section 257.11, subsection 5, that receives services from the 25 area education agency board pursuant to paragraph “a” . 26 NEW SUBSECTION . 4B. A school district shall not receive 27 services under subsection 3 or 4 from different area education 28 agency boards. > 29 7. By striking page 3, line 8, through page 4, line 22, and 30 inserting: 31 < 11. Employ personnel to carry out the functions of the 32 area education agency which shall include the employment of 33 an administrator who shall possess a license issued under 34 chapter 256, subchapter VII, part 3 by the board of educational 35 -2- HF 2612.3349 (2) 90 jda/jh 2/ 12 #6. #7.

examiners and, beginning July 1, 2025, a prekindergarten 1 through grade twelve superintendent and area education agency 2 administrator authorization issued by the board of educational 3 examiners and either a prekindergarten through grade twelve 4 principal and special education supervisor authorization issued 5 by the board of educational examiners or a director of special 6 education authorization issued by the board of educational 7 examiners . The administrator shall be employed pursuant to 8 section 279.20 and sections 279.23 , 279.24 , and 279.25 . The 9 salary for an area education agency administrator shall be 10 established by the board based upon the previous experience 11 and education of the administrator ; provided, however, that 12 the salary for an area education agency administrator shall 13 not exceed one hundred twenty-five percent of the average 14 salary of all superintendents of the school districts that 15 are located within the boundaries of the area education 16 agency at the time the employment agreement is entered into or 17 renewed between an area education agency and an area education 18 agency administrator, not including superintendents who are 19 responsible for supplementary weighting being made available 20 to a school district pursuant to section 257.11, subsection 5 . 21 The salary for an area education agency administrator shall not 22 be reduced during the initial term of the employment agreement 23 between the area education agency and the area education agency 24 administrator. Section 279.13 applies to the area education 25 agency board and to all teachers employed by the area education 26 agency. Sections 279.23 , 279.24 , and 279.25 apply to the area 27 education board and to all administrators employed by the area 28 education agency. Section 279.69 applies to the area education 29 agency board and employees of the board, including part-time, 30 substitute, or contract employees, who provide services to a 31 school or school district. 32 12. Prepare an annual budget estimating income and 33 expenditures for programs and services as provided in sections 34 273.1 , 273.2 , this section , sections 273.4 through 273.8 , 35 -3- HF 2612.3349 (2) 90 jda/jh 3/ 12

and chapter 256B within the limits of funds provided under 1 section 256B.9 and chapter 257 . The board shall post notice 2 of a public hearing on submit the proposed budget on the area 3 education agency’s internet site and by publication in the 4 newspaper of general circulation in the territory of the area 5 education agency in which the principal place of business of 6 a school district that is a part of the area education agency 7 is located to the director of the department of education 8 for approval not later than March 1 of each year, and the 9 director shall either approve or reject the proposed budget for 10 changes within ten days after submission . The notice shall 11 specify the date, which shall be not later than March 1 of 12 each year, the time, and the location of the public hearing. 13 The proposed budget as approved by the board director of the 14 department of education shall then be submitted to the state 15 board of education, on forms provided by the department, 16 no later than March 15 preceding the next fiscal year for 17 approval. The state board shall review the proposed budget of 18 each area education agency and shall before May 1, either grant 19 approval or return the budget without approval with comments 20 of the state board included. An unapproved budget shall be 21 resubmitted to the state board for final approval not later 22 than May 15. The state board shall give final approval only to 23 budgets submitted by area education agencies accredited by the 24 state board or that have been given conditional accreditation 25 by the state board. > 26 8. Page 4, before line 23 by inserting: 27 < Sec. ___. Section 273.3, Code 2024, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 26. On a quarterly basis, prepare and 30 submit to each school district that receives services from 31 the area education agency a report that includes all of the 32 following: 33 a. A monetary accounting of payments the area education 34 agency received from the school district, including payments 35 -4- HF 2612.3349 (2) 90 jda/jh 4/ 12 #8.

under section 257.35. 1 b. A description of all of the following: 2 (1) The special education services provided by the area 3 education agency to the school district. 4 (2) The services provided by the area education agency under 5 part C of the federal Individuals with Disabilities Education 6 Act. 7 (3) The services provided by the area education agency that 8 are related to the child find process for special education. 9 (4) The general supervision services provided by the area 10 education agency. 11 (5) The services provided by the area education agency to 12 accredited nonpublic schools and charter schools. 13 Sec. ___. Section 273.8, subsection 1, Code 2024, is amended 14 to read as follows: 15 1. Board of directors. The board of directors of an area 16 education agency shall consist of not less than five nor more 17 than nine members , each a resident of and elected in the 18 manner provided in this section from a director district that 19 is approximately equal in population to the other director 20 districts in the area education agency . Each director shall 21 serve a four-year term which commences at the organization 22 meeting. 23 a. A majority of the members of the board of directors of 24 an area education agency must be superintendents of school 25 districts located within the boundaries of the area education 26 agency who are elected in the manner provided in this section. 27 b. The remainder of the members of the board of directors of 28 an area education agency must be residents of and elected in 29 the manner provided in this section from a director district 30 that is approximately equal in population to the other director 31 districts in the area education agency. 32 Sec. ___. Section 273.8, subsection 2, paragraphs c and d, 33 Code 2024, are amended to read as follows: 34 c. The board of each separate school district that is 35 -5- HF 2612.3349 (2) 90 jda/jh 5/ 12

located entirely or partially inside an area education agency 1 director district shall cast a vote for director of the area 2 education agency board based upon the ratio that the population 3 of the school district, or portion of the school district, in 4 the director district bears to the total population in the 5 director district. The population of each school district or 6 portion shall be determined by the department of education. 7 The member of the area education agency board to be elected 8 may be a superintendent of a local school district or a member 9 of a local school district board of directors and shall be an 10 elector and a resident of the director district , but shall not 11 be a school district employee . 12 d. Vacancies, as defined in section 277.29 , in the 13 membership of the area education agency board shall be filled 14 for the unexpired portion of the term at a director district 15 convention called and conducted in the manner provided in 16 subsection 3 . A vacancy created in a membership position 17 described in section 273.8, subsection 1, paragraph “a” , 18 shall be filled for the unexpired portion of the term by 19 a superintendent of a school district located within the 20 boundaries of the area education agency at a director district 21 convention called and conducted in the manner provided in 22 subsection 3. 23 Sec. ___. Section 273.8, subsection 3, Code 2024, is amended 24 to read as follows: 25 3. Director district convention. If no candidate files 26 with the area education agency secretary by the deadline 27 specified in subsection 2 , or a vacancy occurs, or if otherwise 28 required as provided in section 273.23, subsection 3 , a 29 director district convention, attended by members of the 30 boards of directors of the local school districts located 31 within the director district, shall be called to elect a 32 board member for that director district , consistent with 33 the membership requirements described in subsection 1 . The 34 convention location shall be determined by the area education 35 -6- HF 2612.3349 (2) 90 jda/jh 6/ 12

agency administrator. Notice of the time, date, and place 1 of a director district convention shall be published by the 2 area education agency administrator in at least one newspaper 3 of general circulation in the director district at least 4 thirty days prior to the day of the convention. The cost of 5 publication shall be paid by the area education agency. A 6 candidate for election to the area education agency board shall 7 file a statement of candidacy with the area education agency 8 secretary at least ten days prior to the date of the director 9 district convention on forms prescribed by the department of 10 education, or nominations may be made at the convention by a 11 delegate from a board of directors of a school district located 12 within the director district. A statement of candidacy shall 13 include the candidate’s name, address, and school district. 14 Delegates to director district conventions shall not be bound 15 by a school board or any school board member to pledge their 16 votes to any candidate prior to the date of the convention. > 17 9. Page 5, line 25, after < for > by inserting < all students, 18 including > 19 10. Page 5, line 31, after < for > by inserting < all students, 20 including > 21 11. Page 6, line 16, after < for > by inserting < all students, 22 including > 23 12. Page 6, line 26, by striking < students with 24 disabilities > and inserting < students, including students with 25 disabilities, > 26 13. Page 7, lines 2 and 3, by striking < students with 27 disabilities > and inserting < students, including students with 28 disabilities > 29 14. By striking page 7, line 5, through page 8, line 12, and 30 inserting: 31 < 1. The legislative council shall convene an area education 32 agency task force that shall do all of the following: 33 a. Study and make recommendations related to how to improve 34 the outcomes of students who utilize services provided by area 35 -7- HF 2612.3349 (2) 90 jda/jh 7/ 12 #9. #10. #11. #12. #13. #14.

education agencies. 1 b. Study and make recommendations related to the amount of 2 compensation paid to administrators employed by area education 3 agencies, core services provided by area education agencies, 4 and how to best fund the following services provided by area 5 education agencies: 6 (1) Crisis response services. 7 (2) Media services for nonpublic schools. 8 (3) Professional development services. 9 (4) Cooperative purchasing. 10 (5) Services associated with regional planning 11 partnerships. 12 (6) Services associated with the federal Carl D. Perkins 13 Career and Technical Education Improvement Act of 2006, 14 codified at 20 U.S.C. §2301 et seq., as amended. 15 (7) Services associated with the federal Every Student 16 Succeeds Act, Pub. L. No. 114-95. 17 (8) Services provided in conjunction with special education 18 equipment. 19 c. Study and make recommendations related to all of the 20 following: 21 (1) The real property and facilities utilized by each area 22 education agency. 23 (2) The media services, educational services, and special 24 education services provided by each area education agency. 25 (3) What services area education agencies should provide. 26 (4) Current accountability measures applicable to area 27 education agencies. 28 (5) The special education services provided by the division 29 of special education of the department of education, area 30 education agencies, and school districts. 31 (6) The overall organizational structure that determines 32 how special education services are provided to students in this 33 state. 34 (7) How the operation of area education agencies is 35 -8- HF 2612.3349 (2) 90 jda/jh 8/ 12

overseen. 1 (8) The accreditation standards related to area education 2 agencies. 3 (9) A timeline for modifications to the staffing numbers of 4 area education agencies and the transition of responsibilities 5 related to the oversight of area education agencies. 6 2. a. The task force shall consist of the following 7 voting members who are appointed by the legislative council to 8 represent different geographical regions of this state: 9 (1) One special education teacher who is employed by a 10 school district with a total enrollment of greater than or 11 equal to one thousand students. 12 (2) One special education teacher who is employed by a 13 school district with a total enrollment of less than one 14 thousand students. 15 (3) One superintendent who is employed by a school district 16 with a total enrollment of greater than or equal to one 17 thousand students. 18 (4) One superintendent who is employed by a school district 19 with a total enrollment of less than one thousand students. 20 (5) One teacher who is employed by a school district and who 21 does not provide special education programs or services. 22 (6) One parent or guardian of a student who has an 23 individualized education program. 24 (7) One parent or guardian of a student who has a plan under 25 section 504 of the Rehabilitation Act, 29 U.S.C. §794. 26 (8) One president or chief executive officer of an 27 accredited nonpublic school. 28 b. The task force shall also consist of the following voting 29 members: 30 (1) One member to be appointed by the governor. 31 (2) One member to be appointed by the director of the 32 department of education. 33 (3) One member who is the chief administrator of the 34 heartland area education agency. 35 -9- HF 2612.3349 (2) 90 jda/jh 9/ 12

c. The task force shall also consist of the following ex 1 officio, nonvoting members of the general assembly: 2 (1) Two state senators appointed by the majority leader of 3 the senate. 4 (2) One state senator appointed by the minority leader of 5 the senate. 6 (3) Two state representatives appointed by the speaker of 7 the house of representatives. 8 (4) One state representative appointed by the minority 9 leader of the house of representatives. 10 3. Any expenses incurred by a member of the task force 11 shall be the responsibility of the individual member or the 12 respective entity represented by the member. 13 4. The task force shall submit its findings and 14 recommendations in a report to the general assembly on 15 or before December 31, 2024. The report shall include an 16 examination and evaluation of the impact to area education 17 agencies and their operations and services made by this Act. > 18 15. Page 8, before line 13 by inserting: 19 < Sec. ___. AREA EDUCATION AGENCY BOARDS OF DIRECTORS —— 20 TRANSITION. 21 1. a. If, as of July 1, 2024, the membership of an area 22 education agency board of directors does not comply with the 23 provisions of section 273.8, subsection 1, as amended in this 24 division of this Act, the members of the boards of directors of 25 the local school districts located within the area education 26 agency director districts shall select the applicable number 27 of the members of the area education agency board of directors 28 whose terms shall, as of July 1, 2024, be deemed to have 29 expired, notwithstanding the terms of office associated with 30 the members under section 273.8, subsection 1, as amended in 31 this division of this Act. 32 b. If the members of the boards of directors of the local 33 school districts located within the area education agency 34 director districts are unable to select the applicable number 35 -10- HF 2612.3349 (2) 90 jda/jh 10/ 12 #15.

of the members of the area education agency board of directors 1 whose terms shall be deemed to have expired, as required in 2 paragraph “a”, the director of the department of education 3 shall select the applicable number of such members. 4 2. The membership of the board members that were selected 5 under subsection 1 shall be deemed vacant when such selection 6 is made. A director district convention shall be called under 7 section 273.8, subsection 3, to fill such vacancies. 8 3. From the time the membership of the board members is 9 deemed vacant pursuant to subsection 2 until the time the 10 vacancies are filled through the director district convention, 11 the area education agency board shall be authorized to exercise 12 all power granted to it under chapter 273, notwithstanding the 13 lack of a quorum under section 273.8, subsection 5. > 14 16. Page 8, after line 24 by inserting: 15 < Sec. ___. APPLICABILITY. The following apply to members of 16 the boards of directors of area education agencies elected on 17 or after July 1, 2024: 18 1. The section of this division of this Act amending section 19 273.8, subsection 1. 20 2. The section of this division of this Act amending section 21 273.8, subsection 2, paragraph “c”. > 22 17. Page 9, line 20, after < agency. > by inserting < The 23 contract between the school district and the area education 24 agency shall not require the school district to describe the 25 specific special education services the school district will 26 receive from the area education agency. The special education 27 services provided by the area education agency to the school 28 district pursuant to the contract shall not be limited by the 29 amount of funding the school district provided to the area 30 education agency. > 31 18. By striking page 17, line 20, through page 18, line 15. 32 19. Title page, by striking lines 1 through 7 and inserting 33 < An Act relating to area education agencies, including by 34 modifying provisions related to the duties and powers of 35 -11- HF 2612.3349 (2) 90 jda/jh 11/ 12 #16. #17. #18.