House File 2612 S-5043 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 2612.3393 (1) 90 jda/jh 1/ 26 #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 2612.3393 (1) 90 jda/jh 2/ 26
3. a. (1) The Subject to subparagraph (2), the area 1 education agency board shall furnish educational services and 2 programs as provided in section 273.1 , this section , sections 3 273.3 through 273.8 , and chapter 256B to the pupils enrolled 4 in public or nonpublic schools located within its boundaries 5 which are on the list of accredited schools pursuant to section 6 256.11 . 7 (2) A public school located within an area education 8 agency’s boundaries that wishes to receive educational services 9 and programs from the area education agency must request to 10 receive such educational services and programs by February 1 of 11 the preceding school year, including by providing for a method 12 of payment for such services and programs and entering into an 13 agreement with the area education agency. If a public school 14 located within an area education agency’s boundaries requests 15 to receive such services after February 1 of the preceding 16 school year, the area education agency board may furnish the 17 educational services and programs. 18 (3) The programs and services provided under this 19 subsection shall be at least commensurate with programs and 20 services existing on July 1, 1974. 21 (4) The programs and services provided to pupils enrolled 22 in nonpublic schools shall be comparable to programs and 23 services provided to pupils enrolled in public schools within 24 constitutional guidelines. 25 b. The area education agencies may furnish evidence-based 26 professional development services to public or nonpublic 27 schools located within its boundaries which are on the list of 28 accredited schools pursuant to section 256.11, subject to the 29 approval of the director of the department of education. 30 4. The area education agency board shall provide do all of 31 the following: 32 a. Provide for special education services and media services 33 for the local school districts in the area and shall encourage 34 that request to receive such services by February 1 of the 35 -3- HF 2612.3393 (1) 90 jda/jh 3/ 26
preceding school year, including by providing for a method of 1 payment for such services and entering into agreements with the 2 area education agency. An area education agency may provide 3 special education services for local school districts in the 4 area that request to receive such services after February 1 of 5 the preceding school year. 6 b. Encourage and assist school districts in the area to 7 establish programs for gifted and talented children. The board 8 shall assist 9 c. Assist in facilitating interlibrary loans of materials 10 between school districts and other libraries. 11 Sec. 6. Section 273.2, Code 2024, is amended by adding the 12 following new subsections: 13 NEW SUBSECTION . 4A. The area education agency board shall 14 provide for media services for the local school districts in 15 the area that request to receive such services by February 1 of 16 the preceding school year, including by providing for a method 17 of payment for such services and entering into agreements 18 with the area education agency. An area education agency may 19 provide media services for local school districts in the area 20 that request to receive such services after February 1 of the 21 preceding school year. 22 NEW SUBSECTION . 12. The area education agency board shall 23 charge reasonable costs that are consistent with current 24 market rates for the educational services, special education 25 services, professional development services, and media services 26 established by the area education agency board. 27 NEW SUBSECTION . 13. The area education agency board 28 shall provide an annual report by October 1 of each year to 29 the general assembly and the department of education that 30 includes a description of the progress the area education 31 agency has made to improve the outcomes achieved by students 32 receiving special education services and a description of how 33 the area education agency is focusing the moneys it receives on 34 providing services in the classroom. 35 -4- HF 2612.3393 (1) 90 jda/jh 4/ 26
Sec. 7. Section 273.3, subsection 11, Code 2024, is amended 1 to read as follows: 2 11. Employ personnel to carry out the functions of the 3 area education agency which shall include the employment of 4 an administrator who shall possess a license issued under 5 chapter 256, subchapter VII, part 3 . The administrator shall 6 be employed pursuant to section 279.20 and sections 279.23 , 7 279.24 , and 279.25 . The salary for an area education agency 8 administrator shall be established by the board based upon 9 the previous experience and education of the administrator ; 10 provided, however, that the salary for an area education agency 11 administrator shall not exceed one hundred twenty-five percent 12 of the average salary of all superintendents of the school 13 districts that are located within the boundaries of the area 14 education agency . Section 279.13 applies to the area education 15 agency board and to all teachers employed by the area education 16 agency. Sections 279.23 , 279.24 , and 279.25 apply to the area 17 education board and to all administrators employed by the area 18 education agency. Section 279.69 applies to the area education 19 agency board and employees of the board, including part-time, 20 substitute, or contract employees, who provide services to a 21 school or school district. 22 Sec. 8. Section 273.3, Code 2024, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 26. Annually, on or before January 1 of 25 each year, prepare and submit to each school district within 26 the boundaries of the area education agency a report that 27 includes all of the following: 28 a. A monetary accounting of payments the area education 29 agency received from the school district, including payments 30 under section 257.35, during the previous fiscal year. 31 b. A description of the services the area education agency 32 provided to the school district during the previous fiscal 33 year, including a calculation of the cost per pupil for each 34 category of service the area education agency provided to the 35 -5- HF 2612.3393 (1) 90 jda/jh 5/ 26
school district. 1 Sec. 9. Section 273.4, unnumbered paragraph 1, Code 2024, 2 is amended to read as follows: 3 Under direction of the board of directors of the area 4 education agency, and, beginning July 1, 2025, the division of 5 special education of the department of education, to the extent 6 described in section 256B.3, subsection 15A, the administrator 7 of the area education agency shall, in addition to other 8 duties: 9 Sec. 10. Section 273.5, unnumbered paragraph 1, Code 2024, 10 is amended to read as follows: 11 There shall be established a division of special education 12 of the area education agency which shall provide for special 13 education programs and services to the local school districts. 14 The division of special education shall be headed by a director 15 of special education who meets certification standards of the 16 department of education. The director of special education 17 shall be an employee of the division of special education of 18 the department of education. The director of special education 19 shall have the responsibility for implementation of state 20 regulations and guidelines relating to special education 21 programs and services. The director of special education shall 22 have the following powers and duties: 23 Sec. 11. Section 273.8, subsection 1, Code 2024, is amended 24 to read as follows: 25 1. Board of directors. 26 a. The board of directors of an area education agency shall 27 consist of not less than five nor more than nine members , 28 each a resident of and elected in the manner provided in this 29 section from a director district that is approximately equal 30 in population to the other director districts in the area 31 education agency . Each director shall serve a four-year term 32 which commences at the organization meeting. 33 b. Five members of the board of directors of an area 34 education agency must be residents of and elected in the 35 -6- HF 2612.3393 (1) 90 jda/jh 6/ 26
manner provided in this section from a director district that 1 is approximately equal in population to the other director 2 districts in the area education agency. 3 c. Four members of the board of directors of an area 4 education agency must be appointed by the majority vote of 5 the superintendents of school districts located within the 6 boundaries of the area education agency. A member appointed 7 pursuant to this paragraph must be a superintendent of a school 8 district located within the boundaries of the area education 9 agency; provided, however, that a superintendent appointed 10 pursuant to this paragraph may designate any individual to 11 serve for all, or the remainder of, the superintendent’s term. 12 Sec. 12. Section 273.8, subsection 2, paragraphs c and d, 13 Code 2024, are amended to read as follows: 14 c. The board of each separate school district that is 15 located entirely or partially inside an area education agency 16 director district shall cast a vote for director of the area 17 education agency board described in subsection 1, paragraph 18 “b” , based upon the ratio that the population of the school 19 district, or portion of the school district, in the director 20 district bears to the total population in the director 21 district. The population of each school district or portion 22 shall be determined by the department of education. The member 23 of the area education agency board described in subsection 1, 24 paragraph “b” , to be elected may be a member of a local school 25 district board of directors and shall be an elector and a 26 resident of the director district, but shall not be a school 27 district employee. 28 d. (1) Vacancies A vacancy , as defined in section 277.29 , 29 in the a membership position of the area education agency board 30 described in subsection 1, paragraph “b” , shall be filled 31 for the unexpired portion of the term at a director district 32 convention called and conducted in the manner provided in 33 subsection 3 . 34 (2) A vacancy, as defined in section 277.29, in a membership 35 -7- HF 2612.3393 (1) 90 jda/jh 7/ 26
position of the area education agency board described in 1 subsection 1, paragraph “c” , shall be filled for the unexpired 2 portion of the term by an individual who is appointed by 3 the majority vote of the superintendents of school districts 4 located within the boundaries of the area education agency. 5 Sec. 13. Section 273.8, subsection 3, Code 2024, is amended 6 to read as follows: 7 3. Director district convention. If no candidate files with 8 the area education agency secretary by the deadline specified 9 in subsection 2 , or a vacancy occurs, or if otherwise required 10 as provided in section 273.23, subsection 3 , a director 11 district convention, attended by members of the boards of 12 directors of the local school districts located within the 13 director district, shall be called to elect a board member 14 described in subsection 1, paragraph “b” , for that director 15 district. The convention location shall be determined by the 16 area education agency administrator. Notice of the time, date, 17 and place of a director district convention shall be published 18 by the area education agency administrator in at least one 19 newspaper of general circulation in the director district at 20 least thirty days prior to the day of the convention. The cost 21 of publication shall be paid by the area education agency. A 22 candidate for election to the area education agency board shall 23 file a statement of candidacy with the area education agency 24 secretary at least ten days prior to the date of the director 25 district convention on forms prescribed by the department of 26 education, or nominations may be made at the convention by a 27 delegate from a board of directors of a school district located 28 within the director district. A statement of candidacy shall 29 include the candidate’s name, address, and school district. 30 Delegates to director district conventions shall not be bound 31 by a school board or any school board member to pledge their 32 votes to any candidate prior to the date of the convention. 33 Sec. 14. Section 273.10, Code 2024, is amended to read as 34 follows: 35 -8- HF 2612.3393 (1) 90 jda/jh 8/ 26
273.10 Accreditation of area education programs. 1 1. The division of special education of the department 2 of education shall develop, in consultation with the area 3 education agencies, and establish an accreditation process for 4 area education agencies by July 1, 1997 . At a minimum, the 5 accreditation process shall consist of the following: 6 a. The timely submission by an area education agency of 7 information required by the division of special education of 8 the department on forms provided by the department division of 9 special education . 10 b. The use of an accreditation team appointed by the 11 director division of special education of the department of 12 education to conduct an evaluation, including an on-site visit 13 of each area education agency. The team shall include, but 14 is not limited to, department staff members, representatives 15 from the school districts served by the area education agency 16 being evaluated, area education agency staff members from area 17 education agencies other than the area education agency that 18 conducts the programs being evaluated for accreditation, and 19 other team members with expertise as deemed appropriate by the 20 director division of special education . 21 2. Prior to a visit to an area education agency, the 22 accreditation team shall have access to that area education 23 agency’s program audit report filed with the department 24 division of special education of the department of education . 25 After a visit to an area education agency, the accreditation 26 team shall determine whether the accreditation standards for 27 a program, including but not limited to standards established 28 pursuant to section 256.9, subsection 54 section 256B.3, 29 subsection 15B , have been met and shall make a report to the 30 director and the state board division of special education , 31 together with a recommendation as to whether the programs of 32 the area education agency should receive initial accreditation 33 or remain accredited. The accreditation team shall report 34 strengths and weaknesses, if any, for each accreditation 35 -9- HF 2612.3393 (1) 90 jda/jh 9/ 26
standard and shall advise the area education agency of 1 available resources and technical assistance to further enhance 2 the strengths and improve areas of weakness. An area education 3 agency may respond to the accreditation team’s report. 4 3. The state board of education division of special 5 education of the department of education shall determine 6 whether a program of an area education agency shall receive 7 initial accreditation or shall remain accredited. 8 a. Approval of area education agency programs by the state 9 board division of special education shall be based upon the 10 recommendation of the director of the department of education 11 after a study of the factual and evaluative evidence on record 12 about each area education agency program in terms of the 13 accreditation standards adopted by the state board. 14 b. Approval, if granted, shall be for a term of five years. 15 However, the state board division of special education may 16 grant conditional approval for a term of less than five years 17 if conditions warrant. 18 4. If the state board of education division of special 19 education of the department of education determines that an 20 area education agency’s program does not meet accreditation 21 standards, the director of the department of education 22 division of special education , in cooperation with the board 23 of directors of the area education agency, shall establish a 24 remediation plan prescribing the procedures that must be taken 25 to correct deficiencies in meeting the program standards, 26 and shall establish a deadline date for correction of the 27 deficiencies. The remediation plan is subject to the approval 28 of the state board. 29 5. The division of special education of the department 30 of education may suspend the accreditation of the area 31 education agency program shall remain accredited during the 32 implementation of the remediation plan. The accreditation 33 team shall visit the area education agency and shall determine 34 whether the deficiencies in the standards for the program have 35 -10- HF 2612.3393 (1) 90 jda/jh 10/ 26
been corrected and shall make a report and recommendation 1 to the director and the state board of education division 2 of special education . The state board division of special 3 education shall review the report and recommendation and shall 4 determine whether the deficiencies in the program have been 5 corrected. If the division of special education determines 6 that the deficiencies in the program have been corrected, the 7 division of special education shall reinstate the accreditation 8 of the area education agency program if such accreditation was 9 suspended pursuant to this subsection. 10 6. a. If the deficiencies in an area education program 11 have not been corrected, the agency board division of special 12 education of the department of education shall take one 13 of the following actions within sixty days from removal of 14 accreditation: 15 (1) Merge the deficient program with a program from another 16 accredited area education agency. 17 (2) Contract with another area education agency or other 18 public educational institution for purposes of program 19 delivery. 20 b. The rules developed by the state board of education for 21 the accreditation process shall include provisions for removal 22 of accreditation, including provisions for proper notice to the 23 administrator of the area education agency, each member of the 24 board of directors of the area education agency, the department 25 of education, and the superintendents and administrators of the 26 schools of the districts served by the area education agency. 27 Sec. 15. Section 273.11, Code 2024, is amended to read as 28 follows: 29 273.11 Standards for accrediting area education programs. 30 1. The state board of education , in consultation with the 31 division of special education of the department of education, 32 shall develop standards and rules for the accreditation of area 33 education agencies. Standards shall be general in nature, 34 but at a minimum shall identify requirements addressing the 35 -11- HF 2612.3393 (1) 90 jda/jh 11/ 26
services provided by each division, as well as identifying 1 indicators of quality that will permit area education agencies, 2 school districts, the division of special education of the 3 department of education, and the general public to judge 4 accurately the effectiveness of area education agency services. 5 2. Standards developed shall include, but are not limited 6 to, the following: 7 a. Support for school-community planning, including a means 8 of assessing needs, developing collaborative relationships 9 among community agencies, establishing shared direction , and 10 implementing program plans and reporting progress toward goals 11 for all students, including students with disabilities . 12 b. Professional Evidence-based professional development 13 programs that respond to current needs. 14 c. Support for curriculum development, instruction, and 15 assessment for services that address the areas of reading, 16 language arts, math , and science, using research-based 17 methodologies , for all students, including students with 18 disabilities . 19 d. Special education compliance and support. 20 e. Management services, including financial reporting and 21 purchasing as requested and funded by local districts. 22 f. Support for instructional media services that supplement 23 and support local district media centers and services. 24 g. Support for school technology planning and staff 25 development for implementing instructional technologies. 26 h. A program and services evaluation and reporting system 27 that includes information related to special education . 28 i. Support for school district libraries in accordance with 29 section 273.2, subsection 4 . 30 j. Support for early childhood service coordination for 31 families and children , age birth through three years, to 32 meet health, safety, and learning needs , including service 33 coordination . 34 k. Timely submission of required reports and documents to 35 -12- HF 2612.3393 (1) 90 jda/jh 12/ 26
the state board of education, the department of education, 1 and the division of special education of the department of 2 education. 3 l. Support for schools and school districts in analyzing 4 student achievement data related to the learning environment, 5 comparing data to the external knowledge base, and using that 6 information to guide schools and school districts in setting 7 goals and implementing actions to improve student learning for 8 all students, including students with disabilities. 9 m. Support for addressing the diverse learning needs of 10 all children and youths, including children and youths who are 11 eligible for special education through services that include 12 direct services to students with disabilities. 13 n. Support for schools and school districts to ensure 14 compliance with rules adopted by the state board of education 15 related to special education. 16 o. Support necessary to implement effective instruction for 17 all students, including students with disabilities, through 18 school technology services. 19 p. Support for students using educational programs and 20 services in a manner that is consistent with the educational 21 standards established pursuant to section 256.11. 22 q. Support for staff development and adult learners 23 utilizing evidence-based professional development in a manner 24 that meets the professional needs of staff and adult learners 25 consistent with standards adopted by the state board of 26 education. 27 r. Compliance with all relevant federal and state laws 28 in the provision of services and supports to students with 29 disabilities. 30 Sec. 16. TRANSITION PROVISIONS. 31 1. An area education agency that was accredited pursuant to 32 section 273.10 on or before the effective date of the section 33 of this division of this Act amending section 273.10 shall 34 remain accredited unless and until the division of special 35 -13- HF 2612.3393 (1) 90 jda/jh 13/ 26
education of the department of education takes action to remove 1 accreditation from the area education agency pursuant to 2 section 273.10, as amended in this division of this Act. 3 2. a. As of July 1, 2024, each area education agency shall 4 terminate the employment of all directors of special education 5 employed by the area education agency pursuant to section 6 273.5, as amended in this division of this Act. 7 b. Within a reasonable time after July 1, 2024, the 8 division of special education of the department of education 9 shall employ at least one individual to serve as a director 10 of special education in each area education agency. During 11 the hiring process associated with employing an individual to 12 serve as director of special education in an area education 13 agency, the division of special education shall give preference 14 to individuals whose employment was terminated pursuant to 15 paragraph “a”. 16 Sec. 17. EFFECTIVE DATE. The following take effect July 1, 17 2025: 18 1. The section of this division of this Act amending section 19 273.10. 20 2. The section of this division of this Act amending section 21 273.11. 22 Sec. 18. APPLICABILITY. The following applies to 23 employment agreements entered into or renewed between an area 24 education agency and an area education agency administrator on 25 or after July 1, 2024: 26 The section of this division of this Act amending section 27 273.3, subsection 11. 28 Sec. 19. APPLICABILITY. The following applies to the 29 election of directors and vacancies occurring under section 30 273.8, as amended in this division of this Act, on or after 31 July 1, 2024: 32 The sections of this division of this Act amending section 33 273.8. 34 Sec. 20. APPLICABILITY. The following apply to school years 35 -14- HF 2612.3393 (1) 90 jda/jh 14/ 26
beginning on or after July 1, 2025: 1 1. The portion of the section of this division of this Act 2 amending section 273.2, subsection 3. 3 2. The portion of the section of this division of this Act 4 amending section 273.2, subsection 4. 5 3. The portion of the section of this division of this Act 6 enacting section 273.2, subsection 4A. 7 DIVISION III 8 AREA EDUCATION AGENCIES —— FUNDING 9 Sec. 21. Section 257.1, subsection 3, Code 2024, is amended 10 to read as follows: 11 3. Computations rounded. In making computations and 12 payments under this chapter , except in the case of computations 13 relating to funding of special education support services, 14 media services, and educational services provided through the 15 area education agencies under section 257.37 , and the teacher 16 salary supplement, the professional development supplement, 17 the early intervention supplement, and the teacher leadership 18 supplement, the department of management shall round amounts to 19 the nearest whole dollar. 20 Sec. 22. Section 257.10, subsection 7, Code 2024, is amended 21 to read as follows: 22 7. Special education support services district cost. Special 23 education support services district cost for a school district 24 for a budget year is equal to the special education support 25 services district cost per pupil for the budget year multiplied 26 by the special education support services weighted enrollment 27 for the district for the budget year. If the special education 28 support services district cost for a school district for 29 a budget year is less than the special education support 30 services district cost for that district for the base year, the 31 department of management shall adjust the special education 32 support services district cost for that district for the budget 33 year to equal the special education support services district 34 cost for the base year. Funds calculated under this subsection 35 -15- HF 2612.3393 (1) 90 jda/jh 15/ 26
and received by a school district or an area education agency, 1 as applicable, shall be used for special education support 2 services. 3 Sec. 23. Section 257.10, subsection 8, paragraph a, Code 4 2024, is amended to read as follows: 5 a. Combined district cost is the sum of the regular program 6 district cost per pupil multiplied by the weighted enrollment, 7 the special education support services district cost, the 8 total teacher salary supplement district cost, the total 9 professional development supplement district cost, the total 10 early intervention supplement district cost, and the total 11 teacher leadership supplement district cost, plus the sum of 12 the additional district cost allocated to the district to fund 13 media services and educational services provided through the 14 area education agency under section 257.37 , the area education 15 agency total teacher salary supplement district cost and the 16 area education agency total professional development supplement 17 district cost. 18 Sec. 24. Section 257.35, subsection 1, Code 2024, is amended 19 to read as follows: 20 1. a. (1) The For fiscal years beginning before July 1, 21 2024, the department of management shall deduct the amounts 22 calculated for special education support services, media 23 services, area education agency teacher salary supplement 24 district cost, area education agency professional development 25 supplement district cost, and educational services for each 26 school district from the state aid due to the district pursuant 27 to this chapter and shall pay the amounts to the respective 28 area education agencies on a monthly basis from September 15 29 through June 15 during each school year. 30 (2) For the fiscal year beginning July 1, 2024, the 31 department of management shall deduct the following amounts 32 from the state aid due to each school district pursuant to 33 this chapter and shall pay the amounts to the respective area 34 education agencies on a monthly basis from September 15 through 35 -16- HF 2612.3393 (1) 90 jda/jh 16/ 26
June 15 during each school year: 1 (a) The amount calculated for special education support 2 services for the school district. 3 (b) Forty percent of the amount calculated for media 4 services for the school district. 5 (c) The area education agency teacher salary supplement 6 district cost. 7 (d) The area education agency professional development 8 supplement district cost. 9 (e) Forty percent of the amount calculated in section 257.37 10 for educational services for the school district. 11 (3) For the fiscal year beginning July 1, 2025, and each 12 fiscal year thereafter, the department of management shall 13 deduct the following from the state aid due to each school 14 district pursuant to this chapter and shall pay the amounts to 15 the respective area education agencies on a monthly basis from 16 September 15 through June 15 during each school year: 17 (a) Ten percent of the amount calculated for special 18 education support services for the school district. 19 (b) The area education agency teacher salary supplement 20 district cost. 21 (c) The area education agency professional development 22 supplement district cost. 23 b. The department of management shall notify each school 24 district of the amount of state aid deducted for these purposes 25 and the balance of state aid shall be paid to the district. If 26 a district does not qualify for state aid under this chapter 27 in an amount sufficient to cover its amount due to the area 28 education agency as calculated by the department of management, 29 the school district shall pay the deficiency to the area 30 education agency from other moneys received by the district, on 31 a quarterly basis during each school year. 32 Sec. 25. Section 257.37, Code 2024, is amended to read as 33 follows: 34 257.37 Funding media and educational services. 35 -17- HF 2612.3393 (1) 90 jda/jh 17/ 26
Media services and educational services provided by a school 1 district or through the area education agencies agency shall be 2 funded, to the extent provided, by an addition to the combined 3 district cost of each school district, determined as follows: 4 1. For the budget year beginning July 1, 1991, and 5 succeeding budget years, the total amount funded in each area 6 for media services shall be computed as provided in this 7 subsection . For the budget year beginning July 1, 1991, the 8 total amount funded in each area for media services in the 9 base year shall be divided by the enrollment served in the 10 base year to provide an area media services cost per pupil in 11 the base year, and the department of management shall compute 12 the state media services cost per pupil in the base year which 13 is equal to the average of the area media services costs per 14 pupil in the base year. For the budget year beginning July 1, 15 1991, and succeeding budget years, the department of management 16 shall compute the supplemental state aid for media services 17 in the budget year by multiplying the state media services 18 cost per pupil in the base year times the state percent of 19 growth for the budget year, and the total amount funded in each 20 area for media services cost in the budget year equals the 21 area media services cost per pupil in the base year plus the 22 supplemental state aid for media services in the budget year 23 times the enrollment served in the budget year. Funds shall be 24 paid to area education agencies as provided in section 257.35 . 25 Funds not required to be paid to the area education agency as 26 provided in section 257.35 may be used by the school district 27 for media services provided by the district or by contract 28 through the area education agency. A school district may use 29 unreserved fund balances for media services in a manner which 30 the school district determines is appropriate to best maintain 31 the level of special education services. 32 2. Up to thirty percent of the budget of an area for media 33 services may be expended for media resource material including 34 the purchase or replacement of material required in section 35 -18- HF 2612.3393 (1) 90 jda/jh 18/ 26
273.6, subsection 1 . Funds shall be paid to area education 1 agencies as provided in section 257.35 . 2 3. For the budget year beginning July 1, 1991, and 3 succeeding budget years, the total amount funded in each area 4 for educational services shall be computed as provided in this 5 subsection . For the budget year beginning July 1, 1991, the 6 total amount funded in each area for educational services 7 in the base year shall be divided by the enrollment served 8 in the area in the base year to provide an area educational 9 services cost per pupil in the base year, and the department of 10 management shall compute the state educational services cost 11 per pupil in the base year, which is equal to the average of 12 the area educational services costs per pupil in the base year. 13 For the budget year beginning July 1, 1991, and succeeding 14 budget years, the department of management shall compute the 15 supplemental state aid for educational services by multiplying 16 the state educational services cost per pupil in the base year 17 times the state percent of growth for the budget year, and the 18 total amount funded in each area for educational services for 19 the budget year equals the area educational services cost per 20 pupil for the base year plus the supplemental state aid for 21 educational services in the budget year times the enrollment 22 served in the area in the budget year. Funds shall be paid 23 to area education agencies as provided in section 257.35 . 24 Funds not required to be paid to the area education agency as 25 provided in section 257.35 may be used by the school district 26 for educational services provided by the district or by 27 contract through the area education agency. A school district 28 may use unreserved fund balances for educational services in a 29 manner which the school district determines is appropriate to 30 best maintain the level of special education services. 31 4. “Enrollment served” means the basic enrollment of all 32 school districts within the boundaries of the area education 33 agency plus the number of nonpublic school pupils served by 34 the area education agency with media services or educational 35 -19- HF 2612.3393 (1) 90 jda/jh 19/ 26
services, as applicable, except that if a nonpublic school 1 pupil or a pupil attending another district under a whole grade 2 sharing agreement or open enrollment receives services through 3 an area other than the area of the pupil’s residence, the 4 pupil shall be deemed to be served by the area of the pupil’s 5 residence, which shall by contractual arrangement reimburse 6 the area through which the pupil actually receives services. 7 Each school district shall include in the enrollment report 8 submitted pursuant to section 257.6, subsection 1 , the number 9 of nonpublic school pupils within each school district for 10 media and educational services served by the area. However, 11 the school district shall not include in the enrollment report 12 nonpublic school pupils receiving classes or services funded 13 entirely by federal grants or allocations. 14 5. a. If an area education agency does not serve nonpublic 15 school pupils in a manner comparable to services provided 16 public school pupils for media and educational services, as 17 determined by the state board of education, the state board 18 shall instruct the department of management to reduce the funds 19 for media services and educational services within the area one 20 time by an amount to compensate for such reduced services. The 21 media services budget shall be reduced by an amount equal to 22 the product of the cost per pupil in basic enrollment for the 23 budget year for media services times the difference between 24 the enrollment served and the basic enrollment recorded for 25 the area. The educational services budget shall be reduced by 26 an amount equal to the product of the cost per pupil in basic 27 enrollment for the budget year for educational services times 28 the difference between the enrollment served and the basic 29 enrollment recorded for the area. 30 b. This subsection applies only to media and educational 31 services which cannot be diverted for religious purposes. 32 c. Notwithstanding this subsection , an area education agency 33 shall distribute to nonpublic schools media materials purchased 34 wholly or partially with federal funds in a manner comparable 35 -20- HF 2612.3393 (1) 90 jda/jh 20/ 26
to the distribution of such media materials to public schools 1 as determined by the director of the department of education. 2 6. For the budget year beginning July 1, 2002, and each 3 succeeding budget year, notwithstanding the requirements of 4 this section for determining the budgets and funding of media 5 services and education services, an area education agency or 6 school district may , within the limits of the total of the 7 funds provided for the budget years pursuant to section 257.35 , 8 expend for special education support services an amount that 9 exceeds the payment for special education support services 10 pursuant to section 257.35 in order to maintain the level 11 of required special education support services in the area 12 education agency or the school district, as applicable . 13 Sec. 26. APPLICABILITY. This division of this Act applies 14 July 1, 2024, for school budget years beginning on or after 15 that date. 16 DIVISION IV 17 INITIAL TEACHER COMPENSATION 18 Sec. 27. Section 257.10, subsection 12, paragraph d, Code 19 2024, is amended to read as follows: 20 d. Except as otherwise allowed under this paragraph, for 21 the budget year beginning July 1, 2014, and succeeding budget 22 years, the use of the funds calculated under this subsection 23 shall comply with the requirements of chapter 284 and shall 24 be distributed to teachers pursuant to section 284.15 . The 25 funds shall be used only to increase the payment for a teacher 26 assigned to a leadership role pursuant to a framework or 27 comparable system approved pursuant to section 284.15 ; to 28 increase the percentages of teachers assigned to leadership 29 roles; to increase the minimum teacher starting salary to 30 thirty-three thousand five hundred dollars the amount provided 31 in section 284.15, subsection 2, paragraph “a” , subparagraph 32 (1) ; to cover the costs for the time mentor and lead teachers 33 are not providing instruction to students in a classroom; 34 for coverage of a classroom when an initial or career 35 -21- HF 2612.3393 (1) 90 jda/jh 21/ 26
teacher is observing or co-teaching with a teacher assigned 1 to a leadership role; for professional development time to 2 learn best practices associated with the career pathways 3 leadership process; and for other costs associated with a 4 framework or comparable system approved by the department of 5 education under section 284.15 with the goals of improving 6 instruction and elevating the quality of teaching and student 7 learning. If all requirements for the school district for 8 the use of funds calculated under this subsection are met 9 and funds received under this subsection remain unexpended 10 and unobligated at the end of a fiscal year beginning on or 11 after July 1, 2020, the school district may transfer all or a 12 portion of such unexpended and unobligated funds for deposit 13 in the school district’s flexibility account established 14 under section 298A.2, subsection 2 . At the end of a fiscal 15 year beginning on or after July 1, 2022, school districts may 16 use all or a portion of funds under this subsection for the 17 purposes authorized under subsection 9 , paragraph “d” , and, 18 notwithstanding any provision of law to the contrary, school 19 districts shall not be required to participate in or comply 20 with section 284.15 in order to continue to receive funding 21 under this subsection . 22 Sec. 28. Section 284.15, subsection 2, paragraph a, 23 subparagraph (1), Code 2024, is amended to read as follows: 24 (1) The salary for an initial teacher who has successfully 25 completed an approved practitioner preparation program as 26 defined in section 256.145 or holds an initial or intern 27 teacher license issued under chapter 256, subchapter VII, 28 part 3, shall be at least thirty-three thousand five hundred 29 forty-six thousand two hundred fifty-one dollars, which shall 30 also constitute the minimum salary for an Iowa teacher. 31 Sec. 29. Section 284.16, subsection 1, paragraph a, 32 unnumbered paragraph 1, Code 2024, is amended to read as 33 follows: 34 The beginning teacher shall be paid not less than 35 -22- HF 2612.3393 (1) 90 jda/jh 22/ 26
thirty-three thousand five hundred forty-six thousand two 1 hundred fifty-one dollars and shall meet the following 2 requirements: 3 Sec. 30. Section 284.17, subsection 1, Code 2024, is amended 4 to read as follows: 5 1. A minimum salary of thirty-three thousand five hundred 6 forty-six thousand two hundred fifty-one dollars for a 7 full-time teacher. 8 DIVISION V 9 AREA EDUCATION AGENCIES —— REQUIRED EVALUATIONS AND REPORTS 10 Sec. 31. AREA EDUCATION AGENCIES —— CONTINUOUS 11 IMPROVEMENT. On or before January 1, 2025, each area education 12 agency shall submit a report to the director of the department 13 of education and the general assembly that contains all of the 14 following information: 15 1. Progress the area education agency has made in reducing 16 expenditures associated with administration and administrators, 17 including chief administrators, directors and department heads, 18 regional administrators, regional and zone coordinators, 19 district coordinators, and human resources and personnel 20 managers by at least thirty percent by July 1, 2026. 21 2. A proposal for the reorganization of services provided by 22 area education agencies to centralize some services provided by 23 the area education agencies, including media services, and to 24 create centers of excellence for other services. 25 Sec. 32. AREA EDUCATION AGENCY FACILITIES AND PROPERTY. On 26 or before January 1, 2025, the department of administrative 27 services, in coordination with the department of education 28 and each area education agency, shall submit a report to 29 the general assembly that contains all of the following 30 information: 31 1. An inventory of all real property and facilities owned 32 by the area education agencies. 33 2. An evaluation of the value of all real property and 34 facilities owned by the area education agencies. 35 -23- HF 2612.3393 (1) 90 jda/jh 23/ 26
3. An evaluation of how the real property and facilities 1 owned by the area education agencies are used. 2 DIVISION VI 3 TEACHER SALARY SUPPLEMENT DISTRICT COST PER PUPIL 4 Sec. 33. Section 257.10, subsection 9, paragraph a, Code 5 2024, is amended to read as follows: 6 a. (1) For the budget year beginning July 1, 2009, the 7 department of management shall add together the teacher 8 compensation allocation made to each district for the fiscal 9 year beginning July 1, 2008, pursuant to section 284.13, 10 subsection 1 , paragraph “h” , Code 2009, and the phase II 11 allocation made to each district for the fiscal year beginning 12 July 1, 2008, pursuant to section 294A.9, Code 2009 , and divide 13 that sum by the district’s budget enrollment in the fiscal 14 year beginning July 1, 2009, to determine the teacher salary 15 supplement district cost per pupil. For the budget year 16 beginning July 1, 2010, and succeeding budget years beginning 17 before July 1, 2024 , the teacher salary supplement district 18 cost per pupil for each school district for a budget year 19 is the teacher salary supplement program district cost per 20 pupil for the base year plus the teacher salary supplement 21 supplemental state aid amount for the budget year. 22 (2) For the budget year beginning July 1, 2024, the teacher 23 salary supplement district cost per pupil for a school district 24 shall be the greater of the following: 25 (a) The teacher salary supplement district cost per pupil 26 for the school district for the base year plus the teacher 27 salary supplement supplemental state aid amount for the budget 28 year. 29 (b) The per pupil amount necessary, as calculated by 30 the department of management, to allow the school district 31 to provide a minimum teacher starting salary of forty-six 32 thousand two hundred fifty-one dollars in accordance with 33 the requirements of chapter 284, including costs associated 34 with the employer’s share of contributions to the Iowa public 35 -24- HF 2612.3393 (1) 90 jda/jh 24/ 26
employees’ retirement system and the employer’s share of the 1 tax imposed by the federal Insurance Contributions Act. 2 (3) For the budget year beginning July 1, 2025, and 3 succeeding budget years, the teacher salary supplement district 4 cost per pupil for each school district for a budget year 5 is the teacher salary supplement program district cost per 6 pupil for the base year plus the teacher salary supplement 7 supplemental state aid amount for the budget year. 8 DIVISION VII 9 DEPARTMENT OF EDUCATION REQUIREMENTS 10 Sec. 34. Section 256.9, Code 2024, is amended by adding the 11 following new subsections: 12 NEW SUBSECTION . 70. Develop and distribute to school 13 districts and accredited nonpublic schools a process to 14 facilitate the development of individualized education 15 programs and assist individualized education program teams 16 with decisions regarding free appropriate public education 17 and placement for students enrolled in accredited nonpublic 18 schools. 19 NEW SUBSECTION . 71. Provide professional learning and 20 other support materials and tools for individualized education 21 program teams, including students, families, teacher service 22 providers, and administrators of both school districts 23 and accredited nonpublic schools to help such individuals 24 understand the processes required under the federal law that 25 are relevant to students enrolled in accredited nonpublic 26 schools and to promote informed participation in individualized 27 education program meetings of students enrolled in accredited 28 nonpublic schools. 29 NEW SUBSECTION . 72. Provide information to individualized 30 education program teams and public agencies that nonpublic 31 schools shall be considered a placement option so long as the 32 individualized education program of a child with a disability 33 does not require some other arrangement. 34 NEW SUBSECTION . 73. Develop and distribute to school 35 -25- HF 2612.3393 (1) 90 jda/jh 25/ 26
districts professional learning and other materials for 1 meaningful consultation for representatives of area education 2 agencies, school districts, and accredited nonpublic schools. 3 NEW SUBSECTION . 74. Establish sustainable accountability 4 and data collection systems related to special education 5 that meet federal and state legal requirements and encourage 6 innovative models for meeting the needs of students. 7 NEW SUBSECTION . 75. Develop and distribute to school 8 districts and accredited nonpublic schools an implementation 9 plan related to identifying, evaluating, and promoting 10 strategies and models for providing special education and 11 related services with accredited nonpublic schools that improve 12 the experiences and outcomes for students with disabilities. 13 DIVISION VIII 14 STATE MANDATE 15 Sec. 35. IMPLEMENTATION OF ACT. Section 25B.2, subsection 16 3, shall not apply to this Act. > 17 2. Title page, by striking lines 1 through 7 and inserting 18 < An Act relating to education, including modifying provisions 19 related to the duties and powers of area education agencies, 20 the membership of the boards of directors of area education 21 agencies, the department of education, the department of 22 administrative services, area education agency funding, the 23 calculation of the teacher salary supplement district cost per 24 pupil and the minimum teacher starting salary, and including 25 transition, effective date, and applicability provisions. > 26 ______________________________ LYNN EVANS -26- HF 2612.3393 (1) 90 jda/jh 26/ 26 #2.