House File 58

                                    HOUSE FILE       
                                    BY  WINCKLER, LENSING, GREIMANN,
                                        JOCHUM, FOEGE, D. OLSON,
                                        BERRY, STEVENS, MASCHER,
                                        MURPHY, OSTERHAUS, COHOON,
                                        LYKAM, WENDT, HEDDENS, WHITEAD,
                                        KUHN, FREVERT, D. TAYLOR,
                                        and DAVITT


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring school districts and accredited nonpublic
  2    schools to have media centers and specialists and an
  3    elementary=secondary guidance program and providing for
  4    waivers.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1365HH 80
  7 kh/cf/24

PAG LIN

  1  1    Section 1.  Section 256.7, subsection 24, Code 2003, is
  1  2 amended to read as follows:
  1  3    24.  Adopt rules on or before January 1, 2001, to require
  1  4 school districts and accredited nonpublic schools to adopt
  1  5 local policies relating to health services, media services
  1  6 programs, and guidance programs, as part of the general
  1  7 accreditation standards applicable to school districts
  1  8 pursuant to section 256.11.  This subsection shall be
  1  9 applicable strictly for reporting purposes and shall not be
  1 10 interpreted to require school districts and accredited
  1 11 nonpublic schools to provide or offer health services, media
  1 12 services programs, or guidance programs.
  1 13    Sec. 2.  Section 256.11, Code 2003, is amended by adding
  1 14 the following new subsection:
  1 15    NEW SUBSECTION.  9.  Unless a waiver has been obtained
  1 16 under section 256.11A, each accredited nonpublic school or
  1 17 school district shall have the following:
  1 18    a.  A media center in each attendance center accessible to
  1 19 students throughout the school day and a qualified school
  1 20 media services specialist who meets the licensing standards
  1 21 prescribed by the board of educational examiners and who is
  1 22 responsible for media center supervision.
  1 23    b.  An articulated sequential elementary=secondary guidance
  1 24 program for grades kindergarten through twelve and a guidance
  1 25 counselor who meets the licensing standards prescribed by the
  1 26 board of educational examiners.
  1 27    In determining the requirements of this subsection for an
  1 28 accredited nonpublic school, the department shall evaluate the
  1 29 accredited nonpublic school on an accredited nonpublic school
  1 30 system basis rather than on an individual accredited nonpublic
  1 31 school basis.
  1 32    Sec. 3.  Section 256.11A, subsection 1, Code 2003, is
  1 33 amended to read as follows:
  1 34    1.  Schools Accredited nonpublic schools and school
  1 35 districts unable to meet the standard adopted by the state
  2  1 board requiring each school or school district operating a
  2  2 kindergarten through grade twelve program to provide an
  2  3 articulated sequential elementary=secondary guidance program
  2  4 may, not later than August 1, 1995 2003, for the school year
  2  5 beginning July 1, 1995 2003, file a written request to the
  2  6 department of education that the department waive one or more
  2  7 of the requirement for requirements established in section
  2  8 256.11, subsection 9, that an accredited nonpublic school or
  2  9 school district have a media center and a qualified school
  2 10 media services specialist and that an accredited nonpublic
  2 11 school or school district operating a kindergarten through
  2 12 grade twelve program provide an articulated sequential
  2 13 elementary=secondary guidance program.  The procedures
  2 14 specified in subsection 3 apply to the request.  Not later
  2 15 than August 1, 1996 2004, for the school year beginning July
  2 16 1, 1996 2004, the board of directors of a school district or
  2 17 the authorities in charge of a nonpublic school may request a
  2 18 one=year extension of the waiver.
  2 19    Sec. 4.  Section 256.11A, subsection 2, Code 2003, is
  2 20 amended by striking the subsection.
  2 21    Sec. 5.  STATE MANDATE FUNDING SPECIFIED.  In accordance
  2 22 with section 25B.2, subsection 3, the state cost of requiring
  2 23 compliance with any state mandate included in this Act shall
  2 24 be paid by a school district from state school foundation aid
  2 25 received by the school district under section 257.16.  This
  2 26 specification of the payment of the state cost shall be deemed
  2 27 to meet all the state funding=related requirements of section
  2 28 25B.2, subsection 3, and no additional state funding shall be
  2 29 necessary for the full implementation of this Act by and
  2 30 enforcement of this Act against all affected school districts.
  2 31                           EXPLANATION
  2 32    This bill reestablishes a statutory requirement that each
  2 33 accredited nonpublic school or school district have, unless a
  2 34 waiver has been obtained, a media center in each attendance
  2 35 center accessible to students throughout the school day, a
  3  1 qualified school media services specialist responsible for
  3  2 media center supervision, an articulated sequential
  3  3 elementary=secondary guidance program for grades kindergarten
  3  4 through 12, and a licensed guidance counselor.  The bill
  3  5 authorizes waivers to be requested for school year 2003=2004
  3  6 and 2004=2005 if filed by August 1 of the respective year.
  3  7    The bill may include a state mandate as defined in Code
  3  8 section 25B.3.  The bill requires that the state cost of any
  3  9 state mandate included in the bill be paid by a school
  3 10 district from state school foundation aid received by the
  3 11 school district under Code section 257.16.  The specification
  3 12 is deemed to constitute state compliance with any state
  3 13 mandate funding=related requirements of Code section 25B.2.
  3 14 The inclusion of this specification is intended to reinstate
  3 15 the requirement of political subdivisions to comply with any
  3 16 state mandates included in the bill.
  3 17 LSB 1365HH 80
  3 18 kh/cf/24