House File 877 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 877
  1  2
  1  3                             AN ACT
  1  4 CREATING A STATEWIDE VOLUNTARY PRESCHOOL PROGRAM FOR
  1  5    FOUR=YEAR=OLD CHILDREN AND MAKING APPROPRIATIONS.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9                           DIVISION I
  1 10          STATEWIDE PRESCHOOL PROGRAM FOR FOUR=YEAR=OLD
  1 11                            CHILDREN
  1 12    Section 1.  NEW SECTION.  256C.1  DEFINITIONS.
  1 13    As used in this chapter:
  1 14    1.  "Approved local program" means a school district's
  1 15 program for four=year=old children approved by the department
  1 16 of education to provide high quality preschool instruction.
  1 17    2.  "Department" means the department of education.
  1 18    3.  "Director" means the director of the department of
  1 19 education.
  1 20    4.  "Preschool program" means the statewide preschool
  1 21 program for four=year=old children created in accordance with
  1 22 this chapter.
  1 23    5.  "School district approved to participate in the
  1 24 preschool program" means a school district that meets the
  1 25 school district requirements under section 256C.3 and has been
  1 26 approved by the department to participate in the preschool
  1 27 program.
  1 28    6.  "State board" means the state board of education.
  1 29    Sec. 2.  NEW SECTION.  256C.2  STATEWIDE PRESCHOOL PROGRAM
  1 30 FOR FOUR=YEAR=OLD CHILDREN == PURPOSE.
  1 31    1.  A statewide preschool program for four=year=old
  1 32 children is established.  The purpose of the preschool program
  1 33 is to provide an opportunity for all young children in the
  1 34 state to enter school ready to learn by expanding voluntary
  1 35 access to quality preschool curricula for all children who are
  2  1 four years old.
  2  2    2.  The state board shall adopt rules in accordance with
  2  3 chapter 17A as necessary to implement the preschool program as
  2  4 provided in this chapter.
  2  5    Sec. 3.  NEW SECTION.  256C.3  PRESCHOOL PROGRAM
  2  6 REQUIREMENTS.
  2  7    1.  ELIGIBLE CHILDREN.  A child who is a resident of Iowa
  2  8 and is four years of age by September 15 of a school year
  2  9 shall be eligible to enroll in the preschool program under
  2 10 this chapter.  If space and funding are available, a school
  2 11 district approved to participate in the preschool program may
  2 12 enroll a younger or older child in the preschool program;
  2 13 however, the child shall not be counted for state funding
  2 14 purposes.
  2 15    2.  TEACHER REQUIREMENTS.
  2 16    a.  An individual serving as a teacher in the preschool
  2 17 program must meet all of the following qualifications:
  2 18    (1)  The individual is either employed by or under contract
  2 19 with the school district implementing the program.
  2 20    (2)  The individual is appropriately licensed under chapter
  2 21 272 and meets requirements under chapter 284.
  2 22    (3)  The individual possesses a bachelor's or graduate
  2 23 degree from an accredited college or university with a major
  2 24 in early childhood education or other appropriate major
  2 25 identified in rule by the department.
  2 26    b.  A teacher in the preschool program shall collaborate
  2 27 with other agencies, organizations, and boards in the
  2 28 community to further the program's capacity to meet the
  2 29 diverse needs of the children taught by the teacher and the
  2 30 families of the children, such as needs for early care,
  2 31 health, and human services.  In addition, a teacher in the
  2 32 preschool program shall work to maintain relationships with
  2 33 each child's family in order to enhance the child's
  2 34 development in all settings by collaborating with providers of
  2 35 parent education and family support opportunities.
  3  1    3.  PROGRAM REQUIREMENTS.  The state board shall adopt
  3  2 rules to further define the following preschool program
  3  3 requirements which shall be used to determine whether or not a
  3  4 local program implemented by a school district approved to
  3  5 implement the preschool program qualifies as an approved local
  3  6 program:
  3  7    a.  Maximum and minimum teacher=to=child ratios and class
  3  8 sizes.
  3  9    b.  Applicable state and federal program standards.
  3 10    c.  Student learning standards.
  3 11    d.  Provisions for the integration of children from other
  3 12 state and federally funded preschools.
  3 13    e.  Collaboration with participating families, early care
  3 14 providers, and community partners including but not limited to
  3 15 community empowerment area boards, head start programs, shared
  3 16 visions and other programs provided under the auspices of the
  3 17 child development coordinating council, licensed child care
  3 18 centers, registered child development homes, area education
  3 19 agencies, child care resource and referral services provided
  3 20 under section 237A.26, early childhood special education
  3 21 programs, services funded by Title I of the federal Elementary
  3 22 and Secondary Education Act of 1965, and family support
  3 23 programs.
  3 24    f.  A minimum of ten hours per week of instruction
  3 25 delivered on the skills and knowledge included in the student
  3 26 learning standards developed for the preschool program.
  3 27    g.  Parental involvement in the local program.
  3 28    h.  Provision for ensuring that children receiving care
  3 29 from other child care arrangements can participate in the
  3 30 preschool program with minimal disruption due to
  3 31 transportation and movement from one site to another.
  3 32    4.  SCHOOL DISTRICT REQUIREMENTS.  The state board shall
  3 33 adopt rules to further define the following requirements of
  3 34 school districts implementing the preschool program:
  3 35    a.  Methods of demonstrating community readiness to
  4  1 implement high=quality instruction in a local program shall be
  4  2 identified.  The potential provider shall submit a
  4  3 collaborative program proposal that demonstrates the
  4  4 involvement of multiple community stakeholders including but
  4  5 not limited to, and only as applicable, parents, the school
  4  6 district, accredited nonpublic schools and faith=based
  4  7 representatives, the area education agency, the community
  4  8 empowerment area board, representatives of business, head
  4  9 start programs, shared visions and other programs provided
  4 10 under the auspices of the child development coordinating
  4 11 council, center=based and home=based providers of child care
  4 12 services, human services, public health, and economic
  4 13 development programs.  The methods may include but are not
  4 14 limited to a school district providing evidence of a public
  4 15 hearing on the proposed programming and written documentation
  4 16 of collaboration agreements between the school district,
  4 17 existing community providers, and other community stakeholders
  4 18 addressing operational procedures and other critical measures.
  4 19    b.  Subject to implementation of chapter 28E agreements
  4 20 between a school district and community=based providers of
  4 21 services to four=year=old children, a four=year=old child who
  4 22 is enrolled in a child care center or child development home
  4 23 licensed or registered under chapter 237A, or in an existing
  4 24 public or private preschool program, shall be eligible for
  4 25 services provided by the school district's local preschool
  4 26 program.
  4 27    c.  A school district shall participate in data collection
  4 28 and performance measurement processes and reporting as defined
  4 29 by rule.
  4 30    d.  Career development for school district preschool
  4 31 teachers shall be addressed in the school district's career
  4 32 development plan implemented in accordance with section 284.6.
  4 33    5.  DEPARTMENT REQUIREMENTS.
  4 34    a.  The department shall implement an application and
  4 35 selection process for school district participation in the
  5  1 preschool program that includes but is not limited to the
  5  2 enrollment requirements provided under section 256C.4.
  5  3    b.  The department shall track the progress of students
  5  4 served by a school district preschool program and the
  5  5 students' performance in elementary and secondary education.
  5  6    c.  The department shall implement procedures to monitor
  5  7 the quality of the programming provided under the preschool
  5  8 program.
  5  9    Sec. 4.  NEW SECTION.  256C.4  FUNDING PROVISIONS ==
  5 10 ENROLLMENT.
  5 11    1.  GENERAL.
  5 12    a.  State funding provided under the preschool program
  5 13 shall be based upon the enrollment of eligible students in the
  5 14 preschool programming provided by a school district approved
  5 15 to participate in the preschool program.
  5 16    b.  A school district approved to participate in the
  5 17 preschool program may authorize expenditures for the
  5 18 district's preschool programming from any of the revenue
  5 19 sources available to the district from the sources listed in
  5 20 chapter 298A, provided the expenditures are within the uses
  5 21 permitted for the revenue source.  In addition, the use of the
  5 22 revenue source for preschool or prekindergarten programming
  5 23 must have been approved prior to any expenditure from the
  5 24 revenue source for the district's approved local program.
  5 25    c.  Funding provided under the preschool program is
  5 26 intended to supplement, not supplant, existing public funding
  5 27 for preschool programming.
  5 28    d.  Preschool foundation aid funding shall not be
  5 29 commingled with the other state aid payments made under
  5 30 section 257.16 to a school district and shall be accounted for
  5 31 by the local school district separately from the other state
  5 32 aid payments.  Preschool foundation aid payments made to
  5 33 school districts are miscellaneous income for purposes of
  5 34 chapter 257.  A school district shall maintain a separate
  5 35 listing within its budget for preschool foundation aid
  6  1 payments received and expenditures made.  A school district
  6  2 shall certify to the department of education that preschool
  6  3 foundation aid funding received by the school district was
  6  4 used to supplement, not supplant, moneys otherwise received
  6  5 and used by the school district for preschool programming.
  6  6    e.  Preschool foundation aid funding shall not be used for
  6  7 the costs of constructing a facility in connection with an
  6  8 approved local program.
  6  9    2.  ELIGIBLE STUDENT ENROLLMENT.
  6 10    a.  To be included as an eligible student in the enrollment
  6 11 count of the preschool programming provided by a school
  6 12 district approved to participate in the preschool program, a
  6 13 child must be four years of age by September 15 in the base
  6 14 year and attending the school district's approved local
  6 15 program.
  6 16    b.  The enrollment count of eligible students shall not
  6 17 include a child who is included in the enrollment count
  6 18 determined under section 257.6 or a child who is served by a
  6 19 program already receiving state or federal funds for the
  6 20 purpose of the provision of four=year=old preschool
  6 21 programming while the child is being served by the program.
  6 22 Such preschool programming includes but is not limited to
  6 23 child development assistance programs provided under chapter
  6 24 256A, special education programs provided under section
  6 25 256B.9, school ready children grant programs and other
  6 26 programs provided under chapter 28, and federal head start
  6 27 programs and the services funded by Title I of the federal
  6 28 Elementary and Secondary Education Act of 1965.
  6 29    Sec. 5.  NEW SECTION.  256C.5  FUNDING FORMULA.
  6 30    1.  DEFINITIONS.  For the purposes of this section and
  6 31 section 256C.4:
  6 32    a.  "Base year", "budget year", "regular program state cost
  6 33 per pupil", and "school district" mean the same as defined or
  6 34 described in chapter 257.
  6 35    b.  "Eligible student" means a child who meets eligibility
  7  1 requirements under section 256C.4.
  7  2    c.  "Preschool budget enrollment" means the figure that is
  7  3 equal to sixty percent of the actual enrollment of eligible
  7  4 students in the preschool programming provided by a school
  7  5 district approved to participate in the preschool program on
  7  6 October 1 of the base year, or the first Monday in October if
  7  7 October 1 falls on a Saturday or Sunday.
  7  8    d.  "Preschool foundation aid" means the product of the
  7  9 regular program state cost per pupil for the budget year
  7 10 multiplied by the school district's preschool budget
  7 11 enrollment.
  7 12    2.  PRESCHOOL FOUNDATION AID DISTRICT AMOUNT.
  7 13    a.  For the initial school year for which a school district
  7 14 approved to participate in the preschool program receives that
  7 15 approval and implements the preschool program, the funding for
  7 16 the preschool foundation aid payable to that school district
  7 17 shall be paid from the appropriation made for that school year
  7 18 in section 256C.6 or in another appropriation made for
  7 19 purposes of this chapter.  For that school year, the preschool
  7 20 foundation aid payable to the school district is the product
  7 21 of the regular program state cost per pupil for the school
  7 22 year multiplied by sixty percent of the school district's
  7 23 eligible student enrollment on the date in the school year
  7 24 determined by rule.
  7 25    b.  For budget years subsequent to the initial school year
  7 26 for which a school district approved to participate in the
  7 27 preschool program receives that approval and implements the
  7 28 preschool program, the funding for the preschool foundation
  7 29 aid payable to that school district shall be paid from the
  7 30 appropriation made in section 257.16.
  7 31    3.  AID PAYMENTS.  Preschool foundation aid shall be paid
  7 32 as part of the state aid payments made to school districts in
  7 33 accordance with section 257.16.
  7 34    4.  ADMINISTRATION AND OVERSIGHT.  Except as otherwise
  7 35 provided by law for a fiscal year, of the amount appropriated
  8  1 for that fiscal year for payment of preschool foundation aid
  8  2 statewide, the department may use an amount sufficient to fund
  8  3 up to three full=time equivalent positions which shall be in
  8  4 addition to the number of positions authorized for the fiscal
  8  5 year, as necessary to provide administration and oversight of
  8  6 the preschool program.
  8  7    Sec. 6.  NEW SECTION.  256C.6  PHASE=IN == APPROPRIATIONS.
  8  8    1.  PHASE=IN.  For the initial fiscal year in which a
  8  9 school district participates in the preschool program pursuant
  8 10 to an appropriation provided in subsection 2, the department
  8 11 shall apply a modified set of the requirements of the
  8 12 provisions of this chapter relating to preschool program
  8 13 implementation, preschool enrollment reporting, and
  8 14 distribution of funding as necessary to begin the distribution
  8 15 in that fiscal year and additional program implementation in
  8 16 the next fiscal year.  For each month after September 1, in
  8 17 the initial fiscal year that a school district approved to
  8 18 participate in the preschool program begins programming, the
  8 19 department shall reduce the preschool foundation aid payable
  8 20 to the school district by one=tenth of the amount that would
  8 21 otherwise have been payable to the school district for the
  8 22 full school year.
  8 23    2.  APPROPRIATIONS FOR INITIAL YEARS.  There is
  8 24 appropriated from the general fund of the state to the
  8 25 department of education for the designated fiscal years the
  8 26 following amounts, or so much thereof as is necessary, to be
  8 27 used for the initial year preschool foundation aid payments to
  8 28 school districts approved to participate in the preschool
  8 29 program and administrative costs:
  8 30    a.  For the fiscal year beginning July 1, 2008, and ending
  8 31 June 30, 2009, fifteen million dollars.
  8 32    b.  For the fiscal year beginning July 1, 2009, and ending
  8 33 June 30, 2010, fifteen million dollars.
  8 34    c.  For the fiscal year beginning July 1, 2010, and ending
  8 35 June 30, 2011, sixteen million one hundred sixty=two thousand
  9  1 five hundred dollars.
  9  2    3.  INSUFFICIENT FUNDING.  For the fiscal years in the
  9  3 period beginning July 1, 2007, and ending June 30, 2011, if
  9  4 the number of requests from school districts for initial
  9  5 participation in the preschool program exceeds the funding
  9  6 made available for the preschool program, the department shall
  9  7 utilize all of the following selection criteria in selecting
  9  8 the school districts that will be approved to participate in
  9  9 the preschool program:
  9 10    a.  Priority shall be given to school districts that do not
  9 11 have existing preschool programming within the school district
  9 12 boundaries.
  9 13    b.  Priority shall be given to school districts that have a
  9 14 high percentage of children in poverty and such children shall
  9 15 receive first priority for the programs.
  9 16    c.  Consideration shall be given to the size of school
  9 17 districts in large, medium, and small categories in order for
  9 18 there to be equitable statewide distribution of preschool
  9 19 program services.
  9 20    d.  Consideration shall be given to school districts with
  9 21 established, high=quality, community partnerships for the
  9 22 delivery of preschool programming that are seeking to expand
  9 23 access.
  9 24    4.  REPEAL.  This section is repealed July 1, 2011.
  9 25                           DIVISION II
  9 26                      CONFORMING AMENDMENTS
  9 27    Sec. 7.  Section 256.11, subsection 1, Code 2007, is
  9 28 amended by adding the following new unnumbered paragraph:
  9 29    NEW UNNUMBERED PARAGRAPH.  For the purposes of this
  9 30 subsection, "prekindergarten program" includes but is not
  9 31 limited to a school district's implementation of the preschool
  9 32 program established pursuant to chapter 256C.
  9 33    Sec. 8.  Section 257.16, subsection 1, Code 2007, is
  9 34 amended to read as follows:
  9 35    1.  There is appropriated each year from the general fund
 10  1 of the state an amount necessary to pay the foundation aid
 10  2 under this chapter, the preschool foundation aid under chapter
 10  3 256C, supplementary aid under section 257.4, subsection 2, and
 10  4 adjusted additional property tax levy aid under section
 10  5 257.15, subsection 4.
 10  6    Sec. 9.  Section 285.1, subsection 1, paragraph c, Code
 10  7 2007, is amended to read as follows:
 10  8    c.  Children attending prekindergarten programs offered or
 10  9 sponsored by the district or nonpublic school and approved by
 10 10 the department of education or department of human services or
 10 11 children participating in preschool in an approved local
 10 12 program under chapter 256C may be provided transportation
 10 13 services.  However, transportation services provided nonpublic
 10 14 school children are not eligible for reimbursement under this
 10 15 chapter.
 10 16    Sec. 10.  EMERGENCY RULES.  The state board of education
 10 17 may adopt emergency rules under section 17A.4, subsection 2,
 10 18 and section 17A.5, subsection 2, paragraph "b", to implement
 10 19 the provisions of this Act and the rules shall be effective
 10 20 immediately upon filing unless a later date is specified in
 10 21 the rules.  Any rules adopted in accordance with this section
 10 22 shall also be published as a notice of intended action as
 10 23 provided in section 17A.4.
 10 24
 10 25
 10 26                                                             
 10 27                               PATRICK J. MURPHY
 10 28                               Speaker of the House
 10 29
 10 30
 10 31                                                             
 10 32                               JOHN P. KIBBIE
 10 33                               President of the Senate
 10 34
 10 35    I hereby certify that this bill originated in the House and
 11  1 is known as House File 877, Eighty=second General Assembly.
 11  2
 11  3
 11  4                                                             
 11  5                               MARK BRANDSGARD
 11  6                               Chief Clerk of the House
 11  7 Approved                , 2007
 11  8
 11  9
 11 10                            
 11 11 CHESTER J. CULVER
 11 12 Governor