Senate Amendment to House File 2612 H-8220 Amend House File 2612, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 DIVISION OF SPECIAL EDUCATION OF THE DEPARTMENT OF EDUCATION 6 Section 1. Section 256.9, subsection 54, Code 2024, is 7 amended by striking the subsection. 8 Sec. 2. Section 256B.3, Code 2024, is amended by adding the 9 following new subsections: 10 NEW SUBSECTION . 15A. Beginning July 1, 2025, oversee the 11 operation of each area education agency to ensure the area 12 education agency complies with all applicable federal and state 13 laws related to special education. 14 NEW SUBSECTION . 15B. Beginning July 1, 2025, provide 15 guidance and standards to area education agencies for federal 16 and state education initiatives which the area education 17 agencies must implement statewide. 18 Sec. 3. DEPARTMENT OF EDUCATION AND AREA EDUCATION AGENCIES 19 —— STAFFING AND TRANSITION PLAN. 20 1. The department of education shall coordinate with 21 each area education agency, and with the division of special 22 education of the department, to develop a plan to transfer 23 employees of the area education agency whose primary job duties 24 involve providing oversight and compliance services to the area 25 education agency to ensure the area education agency complies 26 with all applicable federal and state laws related to special 27 education from employment under the area education agency to 28 employment under the division of special education of the 29 department, as needed. The plan shall include a description of 30 how the area education agency will accommodate any space needed 31 in the area education agency’s facilities for employees of the 32 division of special education. 33 2. The department of education will compile all of the plans 34 created pursuant to subsection 1 and submit the compilation to 35 -1- HF 2612.3754.S (1) 90 mb 1/ 27 #1.
the general assembly on or before January 1, 2025. 1 DIVISION II 2 AREA EDUCATION AGENCIES —— GENERAL PROVISIONS 3 Sec. 4. Section 273.1, Code 2024, is amended to read as 4 follows: 5 273.1 Intent. 6 It is the intent of the general assembly to provide an 7 effective, efficient, and economical means of identifying and 8 serving children from under five years of age through grade 9 twelve who require special education and any other children 10 requiring special education as defined in section 256B.2 ; to 11 provide for media services and other programs and services 12 for pupils in grades kindergarten through twelve and children 13 requiring special education as defined in section 256B.2 ; to 14 provide a method of financing the programs and services; and 15 to avoid a duplication of programs and services provided by 16 any other school corporation in the state; and to provide 17 services to school districts under a contract with those school 18 districts ; to improve student achievement; and to close student 19 achievement gaps . 20 Sec. 5. Section 273.2, subsections 1, 3, and 4, Code 2024, 21 are amended to read as follows: 22 1. There are established throughout the state fifteen nine 23 area education agencies, each of which is governed by an area 24 education agency board of directors and, beginning July 1, 25 2025, by the division of special education of the department of 26 education to the extent described in section 256B.3, subsection 27 15A . The boundaries of an area education agency shall not 28 divide a school district. The director of the department of 29 education shall change boundaries of area education agencies 30 to take into account mergers of local school districts and 31 changes in boundaries of local school districts, when necessary 32 to maintain the policy of this chapter that a local school 33 district shall not be a part of more than one area education 34 agency. 35 -2- HF 2612.3754.S (1) 90 mb 2/ 27
3. a. (1) The Subject to subparagraph (2), the area 1 education agency board shall furnish educational services 2 and programs as provided in section 273.1 , this section , 3 sections 273.3 through 273.8 , and chapter 256B to the pupils 4 enrolled in public or nonpublic schools located within 5 its boundaries which are on the list of accredited schools 6 pursuant to section 256.11 . The area education agency board 7 shall furnish educational and media services and programs 8 as provided in section 273.1, this section, sections 273.3 9 through 273.8, and chapter 256B to the pupils enrolled in 10 nonpublic schools located within its boundaries which are on 11 the list of accredited nonpublic schools pursuant to section 12 256.11 regardless of whether the school district in which the 13 accredited nonpublic school is located receives such services 14 and programs from the area education agency. 15 (2) A public school located within an area education 16 agency’s boundaries that wishes to receive educational services 17 and programs from the area education agency must request to 18 receive such educational services and programs by February 1 of 19 the preceding school year, including by providing for a method 20 of payment for such services and programs and entering into an 21 agreement with the area education agency. If a public school 22 located within an area education agency’s boundaries requests 23 to receive such services after February 1 of the preceding 24 school year, the area education agency board may furnish the 25 educational services and programs. 26 (3) The programs and services provided under this 27 subsection shall be at least commensurate with programs and 28 services existing on July 1, 1974. 29 (4) The programs and services provided to pupils enrolled 30 in nonpublic schools shall be comparable to programs and 31 services provided to pupils enrolled in public schools within 32 constitutional guidelines. 33 b. The area education agencies may furnish evidence-based 34 professional development services to public or nonpublic 35 -3- HF 2612.3754.S (1) 90 mb 3/ 27
schools located within its boundaries which are on the list of 1 accredited schools pursuant to section 256.11, subject to the 2 approval of the director of the department of education. 3 4. The area education agency board shall provide do all of 4 the following: 5 a. Provide for special education services and media services 6 for the local school districts in the area and shall encourage 7 that request to receive such services by February 1 of the 8 preceding school year, including by providing for a method of 9 payment for such services and entering into agreements with the 10 area education agency. An area education agency may provide 11 special education services for local school districts in the 12 area that request to receive such services after February 1 of 13 the preceding school year. 14 b. Encourage and assist school districts in the area to 15 establish programs for gifted and talented children. The board 16 shall assist 17 c. Assist in facilitating interlibrary loans of materials 18 between school districts and other libraries. 19 Sec. 6. Section 273.2, Code 2024, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 4A. The area education agency board shall 22 provide for media services for the local school districts in 23 the area that request to receive such services by February 1 of 24 the preceding school year, including by providing for a method 25 of payment for such services and entering into agreements 26 with the area education agency. An area education agency may 27 provide media services for local school districts in the area 28 that request to receive such services after February 1 of the 29 preceding school year. 30 NEW SUBSECTION . 12. The area education agency board shall 31 charge reasonable costs that are consistent with current 32 market rates for the educational services, special education 33 services, professional development services, and media services 34 established by the area education agency board. 35 -4- HF 2612.3754.S (1) 90 mb 4/ 27
NEW SUBSECTION . 13. The area education agency board 1 shall provide an annual report by October 1 of each year to 2 the general assembly and the department of education that 3 includes a description of the progress the area education 4 agency has made to improve the outcomes achieved by students 5 receiving special education services and a description of how 6 the area education agency is focusing the moneys it receives on 7 providing services in the classroom. 8 Sec. 7. Section 273.3, subsection 11, Code 2024, is amended 9 to read as follows: 10 11. Employ personnel to carry out the functions of the 11 area education agency which shall include the employment of 12 an administrator who shall possess a license issued under 13 chapter 256, subchapter VII, part 3 . The administrator shall 14 be employed pursuant to section 279.20 and sections 279.23 , 15 279.24 , and 279.25 . The salary for an area education agency 16 administrator shall be established by the board based upon 17 the previous experience and education of the administrator ; 18 provided, however, that the salary for an area education agency 19 administrator shall not exceed one hundred twenty-five percent 20 of the average salary of all superintendents of the school 21 districts that are located within the boundaries of the area 22 education agency . Section 279.13 applies to the area education 23 agency board and to all teachers employed by the area education 24 agency. Sections 279.23 , 279.24 , and 279.25 apply to the area 25 education board and to all administrators employed by the area 26 education agency. Section 279.69 applies to the area education 27 agency board and employees of the board, including part-time, 28 substitute, or contract employees, who provide services to a 29 school or school district. 30 Sec. 8. Section 273.3, Code 2024, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 26. Annually, on or before January 1 of 33 each year, prepare and submit to each school district within 34 the boundaries of the area education agency a report that 35 -5- HF 2612.3754.S (1) 90 mb 5/ 27
includes all of the following: 1 a. A monetary accounting of payments the area education 2 agency received from the school district, including payments 3 under section 257.35, during the previous fiscal year. 4 b. A description of the services the area education agency 5 provided to the school district during the previous fiscal 6 year, including a calculation of the cost per pupil for each 7 category of service the area education agency provided to the 8 school district. 9 Sec. 9. Section 273.4, unnumbered paragraph 1, Code 2024, 10 is amended to read as follows: 11 Under direction of the board of directors of the area 12 education agency, and, beginning July 1, 2025, the division of 13 special education of the department of education, to the extent 14 described in section 256B.3, subsection 15A, the administrator 15 of the area education agency shall, in addition to other 16 duties: 17 Sec. 10. Section 273.5, unnumbered paragraph 1, Code 2024, 18 is amended to read as follows: 19 There shall be established a division of special education 20 of the area education agency which shall provide for special 21 education programs and services to the local school districts. 22 The division of special education shall be headed by a director 23 of special education who meets certification standards of the 24 department of education. The director of special education 25 shall be an employee of the division of special education of 26 the department of education. The director of special education 27 shall have the responsibility for implementation of state 28 regulations and guidelines relating to special education 29 programs and services. The director of special education shall 30 have the following powers and duties: 31 Sec. 11. Section 273.8, subsection 1, Code 2024, is amended 32 to read as follows: 33 1. Board of directors. 34 a. The board of directors of an area education agency shall 35 -6- HF 2612.3754.S (1) 90 mb 6/ 27
consist of not less than five nor more than nine members , 1 each a resident of and elected in the manner provided in this 2 section from a director district that is approximately equal 3 in population to the other director districts in the area 4 education agency . Each director shall serve a four-year term 5 which commences at the organization meeting. 6 b. Five members of the board of directors of an area 7 education agency must be residents of and elected in the 8 manner provided in this section from a director district that 9 is approximately equal in population to the other director 10 districts in the area education agency. 11 c. Four members of the board of directors of an area 12 education agency must be appointed by the majority vote of 13 the superintendents of school districts located within the 14 boundaries of the area education agency. A member appointed 15 pursuant to this paragraph must be a superintendent of a school 16 district located within the boundaries of the area education 17 agency; provided, however, that a superintendent appointed 18 pursuant to this paragraph may designate any individual to 19 serve for all, or the remainder of, the superintendent’s term. 20 Sec. 12. Section 273.8, subsection 2, paragraphs c and d, 21 Code 2024, are amended to read as follows: 22 c. The board of each separate school district that is 23 located entirely or partially inside an area education agency 24 director district shall cast a vote for director of the area 25 education agency board described in subsection 1, paragraph 26 “b” , based upon the ratio that the population of the school 27 district, or portion of the school district, in the director 28 district bears to the total population in the director 29 district. The population of each school district or portion 30 shall be determined by the department of education. The member 31 of the area education agency board described in subsection 1, 32 paragraph “b” , to be elected may be a member of a local school 33 district board of directors and shall be an elector and a 34 resident of the director district, but shall not be a school 35 -7- HF 2612.3754.S (1) 90 mb 7/ 27
district employee. 1 d. (1) Vacancies A vacancy , as defined in section 277.29 , 2 in the a membership position of the area education agency board 3 described in subsection 1, paragraph “b” , shall be filled 4 for the unexpired portion of the term at a director district 5 convention called and conducted in the manner provided in 6 subsection 3 . 7 (2) A vacancy, as defined in section 277.29, in a membership 8 position of the area education agency board described in 9 subsection 1, paragraph “c” , shall be filled for the unexpired 10 portion of the term by an individual who is appointed by 11 the majority vote of the superintendents of school districts 12 located within the boundaries of the area education agency. 13 Sec. 13. Section 273.8, subsection 3, Code 2024, is amended 14 to read as follows: 15 3. Director district convention. If no candidate files with 16 the area education agency secretary by the deadline specified 17 in subsection 2 , or a vacancy occurs, or if otherwise required 18 as provided in section 273.23, subsection 3 , a director 19 district convention, attended by members of the boards of 20 directors of the local school districts located within the 21 director district, shall be called to elect a board member 22 described in subsection 1, paragraph “b” , for that director 23 district. The convention location shall be determined by the 24 area education agency administrator. Notice of the time, date, 25 and place of a director district convention shall be published 26 by the area education agency administrator in at least one 27 newspaper of general circulation in the director district at 28 least thirty days prior to the day of the convention. The cost 29 of publication shall be paid by the area education agency. A 30 candidate for election to the area education agency board shall 31 file a statement of candidacy with the area education agency 32 secretary at least ten days prior to the date of the director 33 district convention on forms prescribed by the department of 34 education, or nominations may be made at the convention by a 35 -8- HF 2612.3754.S (1) 90 mb 8/ 27
delegate from a board of directors of a school district located 1 within the director district. A statement of candidacy shall 2 include the candidate’s name, address, and school district. 3 Delegates to director district conventions shall not be bound 4 by a school board or any school board member to pledge their 5 votes to any candidate prior to the date of the convention. 6 Sec. 14. Section 273.10, Code 2024, is amended to read as 7 follows: 8 273.10 Accreditation of area education programs. 9 1. The division of special education of the department 10 of education shall develop, in consultation with the area 11 education agencies, and establish an accreditation process for 12 area education agencies by July 1, 1997 . At a minimum, the 13 accreditation process shall consist of the following: 14 a. The timely submission by an area education agency of 15 information required by the division of special education of 16 the department on forms provided by the department division of 17 special education . 18 b. The use of an accreditation team appointed by the 19 director division of special education of the department of 20 education to conduct an evaluation, including an on-site visit 21 of each area education agency. The team shall include, but 22 is not limited to, department staff members, representatives 23 from the school districts served by the area education agency 24 being evaluated, area education agency staff members from area 25 education agencies other than the area education agency that 26 conducts the programs being evaluated for accreditation, and 27 other team members with expertise as deemed appropriate by the 28 director division of special education . 29 2. Prior to a visit to an area education agency, the 30 accreditation team shall have access to that area education 31 agency’s program audit report filed with the department 32 division of special education of the department of education . 33 After a visit to an area education agency, the accreditation 34 team shall determine whether the accreditation standards for 35 -9- HF 2612.3754.S (1) 90 mb 9/ 27
a program, including but not limited to standards established 1 pursuant to section 256.9, subsection 54 section 256B.3, 2 subsection 15B , have been met and shall make a report to the 3 director and the state board division of special education , 4 together with a recommendation as to whether the programs of 5 the area education agency should receive initial accreditation 6 or remain accredited. The accreditation team shall report 7 strengths and weaknesses, if any, for each accreditation 8 standard and shall advise the area education agency of 9 available resources and technical assistance to further enhance 10 the strengths and improve areas of weakness. An area education 11 agency may respond to the accreditation team’s report. 12 3. The state board of education division of special 13 education of the department of education shall determine 14 whether a program of an area education agency shall receive 15 initial accreditation or shall remain accredited. 16 a. Approval of area education agency programs by the state 17 board division of special education shall be based upon the 18 recommendation of the director of the department of education 19 after a study of the factual and evaluative evidence on record 20 about each area education agency program in terms of the 21 accreditation standards adopted by the state board. 22 b. Approval, if granted, shall be for a term of five years. 23 However, the state board division of special education may 24 grant conditional approval for a term of less than five years 25 if conditions warrant. 26 4. If the state board of education division of special 27 education of the department of education determines that an 28 area education agency’s program does not meet accreditation 29 standards, the director of the department of education 30 division of special education , in cooperation with the board 31 of directors of the area education agency, shall establish a 32 remediation plan prescribing the procedures that must be taken 33 to correct deficiencies in meeting the program standards, 34 and shall establish a deadline date for correction of the 35 -10- HF 2612.3754.S (1) 90 mb 10/ 27
deficiencies. The remediation plan is subject to the approval 1 of the state board. 2 5. The division of special education of the department 3 of education may suspend the accreditation of the area 4 education agency program shall remain accredited during the 5 implementation of the remediation plan. The accreditation 6 team shall visit the area education agency and shall determine 7 whether the deficiencies in the standards for the program have 8 been corrected and shall make a report and recommendation 9 to the director and the state board of education division 10 of special education . The state board division of special 11 education shall review the report and recommendation and shall 12 determine whether the deficiencies in the program have been 13 corrected. If the division of special education determines 14 that the deficiencies in the program have been corrected, the 15 division of special education shall reinstate the accreditation 16 of the area education agency program if such accreditation was 17 suspended pursuant to this subsection. 18 6. a. If the deficiencies in an area education program 19 have not been corrected, the agency board division of special 20 education of the department of education shall take one 21 of the following actions within sixty days from removal of 22 accreditation: 23 (1) Merge the deficient program with a program from another 24 accredited area education agency. 25 (2) Contract with another area education agency or other 26 public educational institution for purposes of program 27 delivery. 28 b. The rules developed by the state board of education for 29 the accreditation process shall include provisions for removal 30 of accreditation, including provisions for proper notice to the 31 administrator of the area education agency, each member of the 32 board of directors of the area education agency, the department 33 of education, and the superintendents and administrators of the 34 schools of the districts served by the area education agency. 35 -11- HF 2612.3754.S (1) 90 mb 11/ 27
Sec. 15. Section 273.11, Code 2024, is amended to read as 1 follows: 2 273.11 Standards for accrediting area education programs. 3 1. The state board of education , in consultation with the 4 division of special education of the department of education, 5 shall develop standards and rules for the accreditation of area 6 education agencies. Standards shall be general in nature, 7 but at a minimum shall identify requirements addressing the 8 services provided by each division, as well as identifying 9 indicators of quality that will permit area education agencies, 10 school districts, the division of special education of the 11 department of education, and the general public to judge 12 accurately the effectiveness of area education agency services. 13 2. Standards developed shall include, but are not limited 14 to, the following: 15 a. Support for school-community planning, including a means 16 of assessing needs, developing collaborative relationships 17 among community agencies, establishing shared direction , and 18 implementing program plans and reporting progress toward goals 19 for all students, including students with disabilities . 20 b. Professional Evidence-based professional development 21 programs that respond to current needs. 22 c. Support for curriculum development, instruction, and 23 assessment for services that address the areas of reading, 24 language arts, math , and science, using research-based 25 methodologies , for all students, including students with 26 disabilities . 27 d. Special education compliance and support. 28 e. Management services, including financial reporting and 29 purchasing as requested and funded by local districts. 30 f. Support for instructional media services that supplement 31 and support local district media centers and services. 32 g. Support for school technology planning and staff 33 development for implementing instructional technologies. 34 h. A program and services evaluation and reporting system 35 -12- HF 2612.3754.S (1) 90 mb 12/ 27
that includes information related to special education . 1 i. Support for school district libraries in accordance with 2 section 273.2, subsection 4 . 3 j. Support for early childhood service coordination for 4 families and children , age birth through three years, to 5 meet health, safety, and learning needs , including service 6 coordination . 7 k. Timely submission of required reports and documents to 8 the state board of education, the department of education, 9 and the division of special education of the department of 10 education. 11 l. Support for schools and school districts in analyzing 12 student achievement data related to the learning environment, 13 comparing data to the external knowledge base, and using that 14 information to guide schools and school districts in setting 15 goals and implementing actions to improve student learning for 16 all students, including students with disabilities. 17 m. Support for addressing the diverse learning needs of 18 all children and youths, including children and youths who are 19 eligible for special education through services that include 20 direct services to students with disabilities. 21 n. Support for schools and school districts to ensure 22 compliance with rules adopted by the state board of education 23 related to special education. 24 o. Support necessary to implement effective instruction for 25 all students, including students with disabilities, through 26 school technology services. 27 p. Support for students using educational programs and 28 services in a manner that is consistent with the educational 29 standards established pursuant to section 256.11. 30 q. Support for staff development and adult learners 31 utilizing evidence-based professional development in a manner 32 that meets the professional needs of staff and adult learners 33 consistent with standards adopted by the state board of 34 education. 35 -13- HF 2612.3754.S (1) 90 mb 13/ 27
r. Compliance with all relevant federal and state laws 1 in the provision of services and supports to students with 2 disabilities. 3 Sec. 16. TRANSITION PROVISIONS. 4 1. An area education agency that was accredited pursuant to 5 section 273.10 on or before the effective date of the section 6 of this division of this Act amending section 273.10 shall 7 remain accredited unless and until the division of special 8 education of the department of education takes action to remove 9 accreditation from the area education agency pursuant to 10 section 273.10, as amended in this division of this Act. 11 2. a. As of July 1, 2024, each area education agency shall 12 terminate the employment of all directors of special education 13 employed by the area education agency pursuant to section 14 273.5, as amended in this division of this Act. 15 b. Within a reasonable time after July 1, 2024, the 16 division of special education of the department of education 17 shall employ at least one individual to serve as a director 18 of special education in each area education agency. During 19 the hiring process associated with employing an individual to 20 serve as director of special education in an area education 21 agency, the division of special education shall give preference 22 to individuals whose employment was terminated pursuant to 23 paragraph “a”. 24 Sec. 17. EFFECTIVE DATE. The following take effect July 1, 25 2025: 26 1. The section of this division of this Act amending section 27 273.10. 28 2. The section of this division of this Act amending section 29 273.11. 30 Sec. 18. APPLICABILITY. The following applies to 31 employment agreements entered into or renewed between an area 32 education agency and an area education agency administrator on 33 or after July 1, 2024: 34 The section of this division of this Act amending section 35 -14- HF 2612.3754.S (1) 90 mb 14/ 27
273.3, subsection 11. 1 Sec. 19. APPLICABILITY. The following applies to the 2 election of directors and vacancies occurring under section 3 273.8, as amended in this division of this Act, on or after 4 July 1, 2024: 5 The sections of this division of this Act amending section 6 273.8. 7 Sec. 20. APPLICABILITY. The following apply to school years 8 beginning on or after July 1, 2025: 9 1. The portion of the section of this division of this Act 10 amending section 273.2, subsection 3. 11 2. The portion of the section of this division of this Act 12 amending section 273.2, subsection 4. 13 3. The portion of the section of this division of this Act 14 enacting section 273.2, subsection 4A. 15 DIVISION III 16 AREA EDUCATION AGENCIES —— FUNDING 17 Sec. 21. Section 257.1, subsection 3, Code 2024, is amended 18 to read as follows: 19 3. Computations rounded. In making computations and 20 payments under this chapter , except in the case of computations 21 relating to funding of special education support services, 22 media services, and educational services provided through the 23 area education agencies under section 257.37 , and the teacher 24 salary supplement, the professional development supplement, 25 the early intervention supplement, and the teacher leadership 26 supplement, the department of management shall round amounts to 27 the nearest whole dollar. 28 Sec. 22. Section 257.10, subsection 7, Code 2024, is amended 29 to read as follows: 30 7. Special education support services district cost. Special 31 education support services district cost for a school district 32 for a budget year is equal to the special education support 33 services district cost per pupil for the budget year multiplied 34 by the special education support services weighted enrollment 35 -15- HF 2612.3754.S (1) 90 mb 15/ 27
for the district for the budget year. If the special education 1 support services district cost for a school district for 2 a budget year is less than the special education support 3 services district cost for that district for the base year, the 4 department of management shall adjust the special education 5 support services district cost for that district for the budget 6 year to equal the special education support services district 7 cost for the base year. Funds calculated under this subsection 8 and received by a school district or an area education agency, 9 as applicable, shall be used for special education support 10 services. 11 Sec. 23. Section 257.10, subsection 8, paragraph a, Code 12 2024, is amended to read as follows: 13 a. Combined district cost is the sum of the regular program 14 district cost per pupil multiplied by the weighted enrollment, 15 the special education support services district cost, the 16 total teacher salary supplement district cost, the total 17 professional development supplement district cost, the total 18 early intervention supplement district cost, and the total 19 teacher leadership supplement district cost, plus the sum of 20 the additional district cost allocated to the district to fund 21 media services and educational services provided through the 22 area education agency under section 257.37 , the area education 23 agency total teacher salary supplement district cost and the 24 area education agency total professional development supplement 25 district cost. 26 Sec. 24. Section 257.35, subsection 1, Code 2024, is amended 27 to read as follows: 28 1. a. (1) The For fiscal years beginning before July 1, 29 2024, the department of management shall deduct the amounts 30 calculated for special education support services, media 31 services, area education agency teacher salary supplement 32 district cost, area education agency professional development 33 supplement district cost, and educational services for each 34 school district from the state aid due to the district pursuant 35 -16- HF 2612.3754.S (1) 90 mb 16/ 27
to this chapter and shall pay the amounts to the respective 1 area education agencies on a monthly basis from September 15 2 through June 15 during each school year. 3 (2) For the fiscal year beginning July 1, 2024, the 4 department of management shall deduct the following amounts 5 from the state aid due to each school district pursuant to 6 this chapter and shall pay the amounts to the respective area 7 education agencies on a monthly basis from September 15 through 8 June 15 during each school year: 9 (a) The amount calculated for special education support 10 services for the school district. 11 (b) Forty percent of the amount calculated for media 12 services for the school district. 13 (c) The area education agency teacher salary supplement 14 district cost. 15 (d) The area education agency professional development 16 supplement district cost. 17 (e) Forty percent of the amount calculated in section 257.37 18 for educational services for the school district. 19 (3) For the fiscal year beginning July 1, 2025, and each 20 fiscal year thereafter, the department of management shall 21 deduct the following from the state aid due to each school 22 district pursuant to this chapter and shall pay the amounts to 23 the respective area education agencies on a monthly basis from 24 September 15 through June 15 during each school year: 25 (a) The greater of the following: 26 (i) Ten percent of the amount calculated for special 27 education support services for the school district. 28 (ii) The amount calculated for special education support 29 services for the school district that is attributable to that 30 portion of the special education support services weighted 31 enrollment that is nonpublic school pupils served with special 32 education support services by the area education agency. 33 (b) The area education agency teacher salary supplement 34 district cost. 35 -17- HF 2612.3754.S (1) 90 mb 17/ 27
(c) The area education agency professional development 1 supplement district cost. 2 (d) The amount calculated in section 257.37 for media 3 services for the school district that is attributable to that 4 portion of the enrollment served, as defined in section 257.37, 5 subsection 4, that is nonpublic school pupils served with media 6 services by the area education agency. 7 (e) The amount calculated in section 257.37 for educational 8 services for the school district that is attributable to that 9 portion of the enrollment served, as defined in section 257.37, 10 subsection 4, that is nonpublic school pupils served with 11 educational services by the area education agency. 12 b. The department of management shall notify each school 13 district of the amount of state aid deducted for these purposes 14 and the balance of state aid shall be paid to the district. If 15 a district does not qualify for state aid under this chapter 16 in an amount sufficient to cover its amount due to the area 17 education agency as calculated by the department of management, 18 the school district shall pay the deficiency to the area 19 education agency from other moneys received by the district, on 20 a quarterly basis during each school year. 21 Sec. 25. Section 257.37, Code 2024, is amended to read as 22 follows: 23 257.37 Funding media and educational services. 24 Media services and educational services provided by a school 25 district or through the area education agencies agency shall be 26 funded, to the extent provided, by an addition to the combined 27 district cost of each school district, determined as follows: 28 1. For the budget year beginning July 1, 1991, and 29 succeeding budget years, the total amount funded in each area 30 for media services shall be computed as provided in this 31 subsection . For the budget year beginning July 1, 1991, the 32 total amount funded in each area for media services in the 33 base year shall be divided by the enrollment served in the 34 base year to provide an area media services cost per pupil in 35 -18- HF 2612.3754.S (1) 90 mb 18/ 27
the base year, and the department of management shall compute 1 the state media services cost per pupil in the base year which 2 is equal to the average of the area media services costs per 3 pupil in the base year. For the budget year beginning July 1, 4 1991, and succeeding budget years, the department of management 5 shall compute the supplemental state aid for media services 6 in the budget year by multiplying the state media services 7 cost per pupil in the base year times the state percent of 8 growth for the budget year, and the total amount funded in each 9 area for media services cost in the budget year equals the 10 area media services cost per pupil in the base year plus the 11 supplemental state aid for media services in the budget year 12 times the enrollment served in the budget year. Funds shall be 13 paid to area education agencies as provided in section 257.35 . 14 Funds not required to be paid to the area education agency as 15 provided in section 257.35 may be used by the school district 16 for media services provided by the district or by contract 17 through the area education agency. A school district may use 18 unreserved fund balances for media services in a manner which 19 the school district determines is appropriate to best maintain 20 the level of special education services. 21 2. Up to thirty percent of the budget of an area for media 22 services may be expended for media resource material including 23 the purchase or replacement of material required in section 24 273.6, subsection 1 . Funds shall be paid to area education 25 agencies as provided in section 257.35 . 26 3. For the budget year beginning July 1, 1991, and 27 succeeding budget years, the total amount funded in each area 28 for educational services shall be computed as provided in this 29 subsection . For the budget year beginning July 1, 1991, the 30 total amount funded in each area for educational services 31 in the base year shall be divided by the enrollment served 32 in the area in the base year to provide an area educational 33 services cost per pupil in the base year, and the department of 34 management shall compute the state educational services cost 35 -19- HF 2612.3754.S (1) 90 mb 19/ 27
per pupil in the base year, which is equal to the average of 1 the area educational services costs per pupil in the base year. 2 For the budget year beginning July 1, 1991, and succeeding 3 budget years, the department of management shall compute the 4 supplemental state aid for educational services by multiplying 5 the state educational services cost per pupil in the base year 6 times the state percent of growth for the budget year, and the 7 total amount funded in each area for educational services for 8 the budget year equals the area educational services cost per 9 pupil for the base year plus the supplemental state aid for 10 educational services in the budget year times the enrollment 11 served in the area in the budget year. Funds shall be paid 12 to area education agencies as provided in section 257.35 . 13 Funds not required to be paid to the area education agency as 14 provided in section 257.35 may be used by the school district 15 for educational services provided by the district or by 16 contract through the area education agency. A school district 17 may use unreserved fund balances for educational services in a 18 manner which the school district determines is appropriate to 19 best maintain the level of special education services. 20 4. “Enrollment served” means the basic enrollment of all 21 school districts within the boundaries of the area education 22 agency plus the number of nonpublic school pupils served by 23 the area education agency with media services or educational 24 services, as applicable, except that if a nonpublic school 25 pupil or a pupil attending another district under a whole grade 26 sharing agreement or open enrollment receives services through 27 an area other than the area of the pupil’s residence, the 28 pupil shall be deemed to be served by the area of the pupil’s 29 residence, which shall by contractual arrangement reimburse 30 the area through which the pupil actually receives services. 31 Each school district shall include in the enrollment report 32 submitted pursuant to section 257.6, subsection 1 , the number 33 of nonpublic school pupils within each school district for 34 media and educational services served by the area. However, 35 -20- HF 2612.3754.S (1) 90 mb 20/ 27
the school district shall not include in the enrollment report 1 nonpublic school pupils receiving classes or services funded 2 entirely by federal grants or allocations. 3 5. a. If an area education agency does not serve nonpublic 4 school pupils in a manner comparable to services provided 5 public school pupils for media and educational services, as 6 determined by the state board of education, the state board 7 shall instruct the department of management to reduce the funds 8 for media services and educational services within the area one 9 time by an amount to compensate for such reduced services. The 10 media services budget shall be reduced by an amount equal to 11 the product of the cost per pupil in basic enrollment for the 12 budget year for media services times the difference between 13 the enrollment served and the basic enrollment recorded for 14 the area. The educational services budget shall be reduced by 15 an amount equal to the product of the cost per pupil in basic 16 enrollment for the budget year for educational services times 17 the difference between the enrollment served and the basic 18 enrollment recorded for the area. 19 b. This subsection applies only to media and educational 20 services which cannot be diverted for religious purposes. 21 c. Notwithstanding this subsection , an area education agency 22 shall distribute to nonpublic schools media materials purchased 23 wholly or partially with federal funds in a manner comparable 24 to the distribution of such media materials to public schools 25 as determined by the director of the department of education. 26 6. For the budget year beginning July 1, 2002, and each 27 succeeding budget year, notwithstanding the requirements of 28 this section for determining the budgets and funding of media 29 services and education services, an area education agency or 30 school district may , within the limits of the total of the 31 funds provided for the budget years pursuant to section 257.35 , 32 expend for special education support services an amount that 33 exceeds the payment for special education support services 34 pursuant to section 257.35 in order to maintain the level 35 -21- HF 2612.3754.S (1) 90 mb 21/ 27
of required special education support services in the area 1 education agency or the school district, as applicable . 2 Sec. 26. APPLICABILITY. This division of this Act applies 3 July 1, 2024, for school budget years beginning on or after 4 that date. 5 DIVISION IV 6 INITIAL TEACHER COMPENSATION 7 Sec. 27. Section 257.10, subsection 12, paragraph d, Code 8 2024, is amended to read as follows: 9 d. Except as otherwise allowed under this paragraph, for 10 the budget year beginning July 1, 2014, and succeeding budget 11 years, the use of the funds calculated under this subsection 12 shall comply with the requirements of chapter 284 and shall 13 be distributed to teachers pursuant to section 284.15 . The 14 funds shall be used only to increase the payment for a teacher 15 assigned to a leadership role pursuant to a framework or 16 comparable system approved pursuant to section 284.15 ; to 17 increase the percentages of teachers assigned to leadership 18 roles; to increase the minimum teacher starting salary to 19 thirty-three thousand five hundred dollars the amount provided 20 in section 284.15, subsection 2, paragraph “a” , subparagraph 21 (1) ; to cover the costs for the time mentor and lead teachers 22 are not providing instruction to students in a classroom; 23 for coverage of a classroom when an initial or career 24 teacher is observing or co-teaching with a teacher assigned 25 to a leadership role; for professional development time to 26 learn best practices associated with the career pathways 27 leadership process; and for other costs associated with a 28 framework or comparable system approved by the department of 29 education under section 284.15 with the goals of improving 30 instruction and elevating the quality of teaching and student 31 learning. If all requirements for the school district for 32 the use of funds calculated under this subsection are met 33 and funds received under this subsection remain unexpended 34 and unobligated at the end of a fiscal year beginning on or 35 -22- HF 2612.3754.S (1) 90 mb 22/ 27
after July 1, 2020, the school district may transfer all or a 1 portion of such unexpended and unobligated funds for deposit 2 in the school district’s flexibility account established 3 under section 298A.2, subsection 2 . At the end of a fiscal 4 year beginning on or after July 1, 2022, school districts may 5 use all or a portion of funds under this subsection for the 6 purposes authorized under subsection 9 , paragraph “d” , and, 7 notwithstanding any provision of law to the contrary, school 8 districts shall not be required to participate in or comply 9 with section 284.15 in order to continue to receive funding 10 under this subsection . 11 Sec. 28. Section 284.15, subsection 2, paragraph a, 12 subparagraph (1), Code 2024, is amended to read as follows: 13 (1) The salary for an initial teacher who has successfully 14 completed an approved practitioner preparation program as 15 defined in section 256.145 or holds an initial or intern 16 teacher license issued under chapter 256, subchapter VII, 17 part 3, shall be at least thirty-three thousand five hundred 18 forty-six thousand two hundred fifty-one dollars, which shall 19 also constitute the minimum salary for an Iowa teacher. 20 Sec. 29. Section 284.16, subsection 1, paragraph a, 21 unnumbered paragraph 1, Code 2024, is amended to read as 22 follows: 23 The beginning teacher shall be paid not less than 24 thirty-three thousand five hundred forty-six thousand two 25 hundred fifty-one dollars and shall meet the following 26 requirements: 27 Sec. 30. Section 284.17, subsection 1, Code 2024, is amended 28 to read as follows: 29 1. A minimum salary of thirty-three thousand five hundred 30 forty-six thousand two hundred fifty-one dollars for a 31 full-time teacher. 32 DIVISION V 33 AREA EDUCATION AGENCIES —— REQUIRED EVALUATIONS AND REPORTS 34 Sec. 31. AREA EDUCATION AGENCIES —— CONTINUOUS 35 -23- HF 2612.3754.S (1) 90 mb 23/ 27
IMPROVEMENT. On or before January 1, 2025, each area education 1 agency shall submit a report to the director of the department 2 of education and the general assembly that contains all of the 3 following information: 4 1. Progress the area education agency has made in reducing 5 expenditures associated with administration and administrators, 6 including chief administrators, directors and department heads, 7 regional administrators, regional and zone coordinators, 8 district coordinators, and human resources and personnel 9 managers by at least thirty percent by July 1, 2026. 10 2. A proposal for the reorganization of services provided by 11 area education agencies to centralize some services provided by 12 the area education agencies, including media services, and to 13 create centers of excellence for other services. 14 Sec. 32. AREA EDUCATION AGENCY FACILITIES AND PROPERTY. On 15 or before January 1, 2025, the department of administrative 16 services, in coordination with the department of education 17 and each area education agency, shall submit a report to 18 the general assembly that contains all of the following 19 information: 20 1. An inventory of all real property and facilities owned 21 by the area education agencies. 22 2. An evaluation of the value of all real property and 23 facilities owned by the area education agencies. 24 3. An evaluation of how the real property and facilities 25 owned by the area education agencies are used. 26 DIVISION VI 27 TEACHER SALARY SUPPLEMENT DISTRICT COST PER PUPIL 28 Sec. 33. Section 257.10, subsection 9, paragraph a, Code 29 2024, is amended to read as follows: 30 a. (1) For the budget year beginning July 1, 2009, the 31 department of management shall add together the teacher 32 compensation allocation made to each district for the fiscal 33 year beginning July 1, 2008, pursuant to section 284.13, 34 subsection 1 , paragraph “h” , Code 2009, and the phase II 35 -24- HF 2612.3754.S (1) 90 mb 24/ 27
allocation made to each district for the fiscal year beginning 1 July 1, 2008, pursuant to section 294A.9, Code 2009 , and divide 2 that sum by the district’s budget enrollment in the fiscal 3 year beginning July 1, 2009, to determine the teacher salary 4 supplement district cost per pupil. For the budget year 5 beginning July 1, 2010, and succeeding budget years beginning 6 before July 1, 2024 , the teacher salary supplement district 7 cost per pupil for each school district for a budget year 8 is the teacher salary supplement program district cost per 9 pupil for the base year plus the teacher salary supplement 10 supplemental state aid amount for the budget year. 11 (2) For the budget year beginning July 1, 2024, the teacher 12 salary supplement district cost per pupil for a school district 13 shall be the greater of the following: 14 (a) The teacher salary supplement district cost per pupil 15 for the school district for the base year plus the teacher 16 salary supplement supplemental state aid amount for the budget 17 year. 18 (b) The per pupil amount necessary, as calculated by 19 the department of management, to allow the school district 20 to provide a minimum teacher starting salary of forty-six 21 thousand two hundred fifty-one dollars in accordance with 22 the requirements of chapter 284, including costs associated 23 with the employer’s share of contributions to the Iowa public 24 employees’ retirement system and the employer’s share of the 25 tax imposed by the federal Insurance Contributions Act. 26 (3) For the budget year beginning July 1, 2025, and 27 succeeding budget years, the teacher salary supplement district 28 cost per pupil for each school district for a budget year 29 is the teacher salary supplement program district cost per 30 pupil for the base year plus the teacher salary supplement 31 supplemental state aid amount for the budget year. 32 DIVISION VII 33 DEPARTMENT OF EDUCATION REQUIREMENTS 34 Sec. 34. Section 256.9, Code 2024, is amended by adding the 35 -25- HF 2612.3754.S (1) 90 mb 25/ 27
following new subsections: 1 NEW SUBSECTION . 70. Develop and distribute to school 2 districts and accredited nonpublic schools a process to 3 facilitate the development of individualized education 4 programs and assist individualized education program teams 5 with decisions regarding free appropriate public education 6 and placement for students enrolled in accredited nonpublic 7 schools. 8 NEW SUBSECTION . 71. Provide professional learning and 9 other support materials and tools for individualized education 10 program teams, including students, families, teacher service 11 providers, and administrators of both school districts 12 and accredited nonpublic schools to help such individuals 13 understand the processes required under the federal law that 14 are relevant to students enrolled in accredited nonpublic 15 schools and to promote informed participation in individualized 16 education program meetings of students enrolled in accredited 17 nonpublic schools. 18 NEW SUBSECTION . 72. Provide information to individualized 19 education program teams and public agencies that nonpublic 20 schools shall be considered a placement option so long as the 21 individualized education program of a child with a disability 22 does not require some other arrangement. 23 NEW SUBSECTION . 73. Develop and distribute to school 24 districts professional learning and other materials for 25 meaningful consultation for representatives of area education 26 agencies, school districts, and accredited nonpublic schools. 27 NEW SUBSECTION . 74. Establish sustainable accountability 28 and data collection systems related to special education 29 that meet federal and state legal requirements and encourage 30 innovative models for meeting the needs of students. 31 NEW SUBSECTION . 75. Develop and distribute to school 32 districts and accredited nonpublic schools an implementation 33 plan related to identifying, evaluating, and promoting 34 strategies and models for providing special education and 35 -26- HF 2612.3754.S (1) 90 mb 26/ 27
related services with accredited nonpublic schools that improve 1 the experiences and outcomes for students with disabilities. 2 DIVISION VIII 3 STATE MANDATE 4 Sec. 35. IMPLEMENTATION OF ACT. Section 25B.2, subsection 5 3, shall not apply to this Act. > 6 2. Title page, by striking lines 1 through 7 and inserting 7 < An Act relating to education, including modifying provisions 8 related to the duties and powers of area education agencies, 9 the membership of the boards of directors of area education 10 agencies, the department of education, the department of 11 administrative services, area education agency funding, the 12 calculation of the teacher salary supplement district cost per 13 pupil and the minimum teacher starting salary, and including 14 transition, effective date, and applicability provisions. > 15 -27- HF 2612.3754.S (1) 90 mb 27/ 27