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