House File 873 - Introduced



                                       HOUSE FILE       
                                       BY  GIPP and MURPHY


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

                                      A BILL FOR

  1 An Act relating to recommendations of the education subcommittee
  2    of the governor's committee on local governance by providing
  3    for the development of a school sharing and efficiencies in
  4    operations process, the referral of certain issues to
  5    legislative standing committees for further review and
  6    consideration, and a study by the department of education
  7    concerning certain barriers to effective structure and
  8    delivery models that promote optimum student achievement.
  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 10 TLSB 3547YH 81
 11 kh/cf/24

PAG LIN



  1  1                           DIVISION I
  1  2    Section 1.  SCHOOL SHARING AND EFFICIENCIES IN OPERATIONS
  1  3 PROCESS.
  1  4    1.  Not later than September 15, 2005, the department of
  1  5 education and the boards of directors of the area education
  1  6 agencies, in consultation with other appropriate education
  1  7 stakeholders as necessary, shall collaboratively develop a
  1  8 uniform structured conversation process, including specific
  1  9 categories of discussion, to facilitate discussion between
  1 10 school district leaders in order to identify and realize
  1 11 sharing and efficiency of operations efforts with other school
  1 12 districts, educational partners, and governmental
  1 13 subdivisions, which will result in reductions in the costs of
  1 14 operations and create additional resource availability for the
  1 15 support of rigorous and relevant student programming and
  1 16 efforts to increase student achievement.  The process shall
  1 17 provide a framework for a consistent regional plan for use by
  1 18 area education agencies pursuant to subsection 3.
  1 19    2.  The department of education and the area education
  1 20 agencies shall facilitate a series of meetings, using the
  1 21 process developed pursuant to subsection 1, between area
  1 22 education agency personnel and school district leaders from
  1 23 every school district located within each area education
  1 24 agency.  Prior to the initial meeting, which shall be held not
  1 25 later than January 13, 2006, school district leaders
  1 26 designated to attend the meeting shall identify areas of
  1 27 potential sharing and efficiency, efforts that are already
  1 28 occurring, and existing barriers to increased sharing and
  1 29 efficiency of operations.  As meeting facilitators, area
  1 30 education agency personnel may provide at the initial meeting
  1 31 a list of available efficiency services, which may include
  1 32 those services offered by the area education agencies.  The
  1 33 process shall include a discussion regarding the use of the
  1 34 additional resources, made available through the proposed
  1 35 sharing or efficiency efforts, in enhancing program
  2  1 implementation and student achievement.  After the initial
  2  2 meeting, other appropriate education stakeholders and
  2  3 representatives from governmental subdivisions or private
  2  4 entities may be consulted or invited to participate in future
  2  5 meetings.  Discussion topics at the series of meetings shall
  2  6 include, but not be limited to, operational efficiencies,
  2  7 shared programming, transportation sharing, expansion of area
  2  8 education agency cooperatives, common schedules for school
  2  9 districts and community colleges, energy, insurance, effective
  2 10 structure and delivery models that promote optimum student
  2 11 achievement, graduation requirements, and a rigorous, relevant
  2 12 curriculum.
  2 13    3.  At the conclusion of the process, each area education
  2 14 agency shall develop a regional plan that identifies, using
  2 15 the consistent regional plan framework developed under
  2 16 subsection 1, the existing, new, or expanded opportunities for
  2 17 school district sharing or efficiency of operations determined
  2 18 as a result of completing the uniform structured conversation
  2 19 process.  The plan shall provide for long=term measures that
  2 20 identify money or time saved as a result of the sharing or
  2 21 efficiency of operations efforts, list the cooperative
  2 22 partners in specific sharing or efficiency of operations
  2 23 efforts, describe effective structure and delivery models that
  2 24 promote optimum student achievement, and include provisions
  2 25 for making educational stakeholders aware of the sharing and
  2 26 efficiency in operations opportunities available in each
  2 27 region.  Each area education agency shall submit its plan to
  2 28 the department of education not later than June 1, 2006.
  2 29    4.  The department of education shall compile and review
  2 30 the plans submitted by the area education agencies pursuant to
  2 31 subsection 3, identify barriers to potential sharing and
  2 32 efficiency in operations efforts, recommend penalties related
  2 33 to a reduction in funding for noncompliance with this section,
  2 34 and submit its findings and recommendations to the general
  2 35 assembly not later than January 1, 2007.
  3  1    5.  For purposes of this section, "school district leaders"
  3  2 includes superintendents, administrators, central office
  3  3 staff, educators, and school board members, though a school
  3  4 district may designate one school district leader to represent
  3  5 the school district regularly at the meetings held pursuant to
  3  6 subsection 2.
  3  7                           DIVISION II
  3  8               STANDING COMMITTEE ISSUE REFERRALS
  3  9    Sec. 2.  GOVERNOR'S COMMITTEE ON LOCAL GOVERNANCE ==
  3 10 EDUCATION SUBCOMMITTEE RECOMMENDATIONS == STANDING COMMITTEE
  3 11 REFERRAL.
  3 12    1.  The following recommendations of the education
  3 13 subcommittee of the governor's committee on local governance
  3 14 are referred to the standing committees on education in the
  3 15 senate and the house of representatives for further review and
  3 16 consideration:
  3 17    a.  Eliminate or modify the rule of statutory construction
  3 18 commonly referred to as "Dillon's rule" as it applies to
  3 19 school districts, pursuant to a constitutional amendment,
  3 20 resulting in increased school district home rule authority and
  3 21 power not inconsistent with the laws of the general assembly,
  3 22 to be innovative in providing program supports and eliminating
  3 23 barriers to school district collaboration and innovation.
  3 24    b.  Convert statutory requirements relating to the required
  3 25 minimum number of days of classroom instruction per school
  3 26 year to a required minimum number of hours of direct classroom
  3 27 instruction per school year, at least equivalent to the
  3 28 current number of hours of classroom instruction provided by a
  3 29 school district, in order to encourage more creativity and
  3 30 flexibility in the delivery of instruction.
  3 31    c.  Evaluate the impact of combining the funding sources
  3 32 for phase I and phase II of the educational excellence
  3 33 program.
  3 34    2.  The following recommendations of the education
  3 35 subcommittee of the governor's committee on local governance
  4  1 are referred to the standing committees on ways and means in
  4  2 the senate and the house of representatives for further review
  4  3 and consideration:
  4  4    a.  Consolidate existing local school district property tax
  4  5 and income surtax levies into two primary property tax levies,
  4  6 one board=approved and one voter=approved, in order to
  4  7 increase flexibility and maintain and expand current areas of
  4  8 levy coverage.
  4  9    b.  Examine the impact of the development of a statewide
  4 10 local option sales tax for school infrastructure, including
  4 11 replacement of the five hundred seventy=five dollar statewide
  4 12 tax revenue per student calculation with a statewide rolling
  4 13 average calculation and establishment of a hold harmless
  4 14 provision for districts experiencing a tax increase as a
  4 15 result of legislation.
  4 16    c.  Include school districts in tax increment financing
  4 17 approval requirements.
  4 18                          DIVISION III
  4 19          SHARED ACTIVITIES AND ATHLETIC PROGRAMS STUDY
  4 20    Sec. 3.  GOVERNOR'S COMMITTEE ON LOCAL GOVERNANCE ==
  4 21 EDUCATION SUBCOMMITTEE RECOMMENDATIONS == SHARED ACTIVITIES
  4 22 AND ATHLETIC PROGRAMS STUDY.  The department of education, in
  4 23 collaboration with education stakeholder groups,
  4 24 organizations, associations, and parent organizations, to be
  4 25 determined by the department, shall conduct a study and review
  4 26 of existing regulations relating to shared activities and
  4 27 athletic programs, and the impact of such regulations on the
  4 28 ability of school districts to achieve effective structure and
  4 29 delivery models that promote optimum student achievement.  The
  4 30 department shall submit a report of its findings, containing
  4 31 recommendations and a proposed timeline for implementation, to
  4 32 the members of the standing committees on education in the
  4 33 senate and the house of representatives by December 1, 2005.
  4 34                           EXPLANATION
  4 35    This bill relates to recommendations of the education
  5  1 subcommittee of the governor's committee on local governance.
  5  2    Division I of the bill directs the department of education
  5  3 and the boards of directors of the area education agencies
  5  4 (AEAs), in consultation with other appropriate education
  5  5 stakeholders, to develop a uniform structured conversation
  5  6 process to facilitate discussion between school district
  5  7 leaders in order to identify and realize sharing and
  5  8 efficiency of operations efforts with other school districts,
  5  9 educational partners, and governmental subdivisions, which
  5 10 will result in reductions in the costs of operations and
  5 11 create additional resource availability for the support of
  5 12 rigorous and relevant student programming and efforts to
  5 13 increase student achievement.
  5 14    The department and the AEAs are directed to facilitate a
  5 15 series of meetings between AEA personnel and school district
  5 16 leaders from every school district in every AEA.  The process
  5 17 shall include a discussion regarding the use of the additional
  5 18 resources, made available through the proposed sharing or
  5 19 efficiency efforts, in enhancing program implementation and
  5 20 student achievement.  After the initial meeting, other
  5 21 appropriate education stakeholders and representatives from
  5 22 governmental subdivisions or private entities may be consulted
  5 23 or invited to participate in future meetings.
  5 24    At the conclusion of the process, each AEA must develop a
  5 25 regional plan that identifies existing, new, or expanded
  5 26 opportunities for school district sharing or efficiency of
  5 27 operations, and shall submit its plan to the department of
  5 28 education not later than June 1, 2006.
  5 29    The department of education must compile and review the
  5 30 plans, identify barriers to potential sharing and efficiency
  5 31 in operations efforts, and submit its findings and
  5 32 recommendations to the general assembly not later than January
  5 33 1, 2007.
  5 34    Division II of the bill refers specified issues relating to
  5 35 education and taxation identified by the education
  6  1 subcommittee of the governor's committee on local governance
  6  2 to the education and ways and means standing committees for
  6  3 further review and consideration.
  6  4    The division provides for referral of three issues to the
  6  5 standing committees on education.  The division refers an
  6  6 issue relating to the elimination or modification of a rule of
  6  7 statutory construction commonly referred to as "Dillon's rule"
  6  8 as it applies to school districts, pursuant to a
  6  9 constitutional amendment.  The result would be increased
  6 10 school district home rule authority and power not inconsistent
  6 11 with the laws of the general assembly, with the goal of
  6 12 increasing innovation in providing program supports and
  6 13 eliminating barriers to school district collaboration and
  6 14 innovation.  The division also refers an issue regarding
  6 15 conversion of statutory requirements relating to the required
  6 16 minimum number of days of direct classroom instruction per
  6 17 school year to a required minimum number of hours of classroom
  6 18 instruction per school year, at least equivalent to the
  6 19 current number of hours of classroom instruction provided by a
  6 20 school district, with the goal of encouraging more creativity
  6 21 and flexibility in the delivery of instruction.  The division
  6 22 additionally refers an issue regarding evaluation of the
  6 23 impact of combining the funding sources for phase I and phase
  6 24 II of the educational excellence program.
  6 25    The division also provides for referral of three issues to
  6 26 the standing committees on ways and means.  The division
  6 27 refers an issue relating to consolidation of existing local
  6 28 school district property tax and income surtax levies into two
  6 29 primary property tax levies, one board=approved and one voter=
  6 30 approved, in order to increase flexibility and maintain and
  6 31 expand current areas of levy coverage.  The division also
  6 32 refers an issue regarding examining the impact of the
  6 33 development of a statewide local option sales tax for school
  6 34 infrastructure.  The statewide tax would involve replacing the
  6 35 $575 statewide tax revenue per student calculation currently
  7  1 specified in statute with a statewide rolling average
  7  2 calculation, and establishing a hold harmless provision for
  7  3 districts experiencing a tax increase as a result of
  7  4 legislation.  The division additionally refers an issue
  7  5 regarding inclusion of school districts in tax increment
  7  6 financing approval requirements.
  7  7    Division III of the bill contains another recommendation by
  7  8 the education subcommittee, providing that the department of
  7  9 education, in collaboration with education stakeholder groups,
  7 10 organizations, associations, and parent organizations, to be
  7 11 determined by the department, shall conduct a study and review
  7 12 of existing regulations relating to shared activities and
  7 13 athletic programs, and the impact of such regulations on the
  7 14 ability of school districts to achieve effective structure and
  7 15 delivery models that promote optimum student achievement.  The
  7 16 division provides that the department shall submit a report of
  7 17 its findings, recommendations, and a proposed implementation
  7 18 timeline to the members of the standing committees on
  7 19 education in the senate and the house of representatives by
  7 20 December 1, 2005.
  7 21 LSB 3547YH 81
  7 22 kh:nh/cf/24.2