House Study Bill 726



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            EDUCATION BILL BY
                                            CHAIRPERSON TYMESON)


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

                                      A BILL FOR

  1 An Act providing for the extension of a reduction in the
  2    foundation property tax levy for reorganized or dissolved
  3    districts, and the extension of the period during which
  4    supplementary weighting may be received as a reorganization
  5    incentive by school districts, and providing an effective
  6    date.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 5592YC 81
  9 rn/sh/8

PAG LIN



  1  1    Section 1.  Section 257.3, subsection 2, paragraph d, Code
  1  2 2005, is amended to read as follows:
  1  3    d.  For purposes of this section, a reorganized school
  1  4 district is one which absorbs at least thirty percent of the
  1  5 enrollment of the school district affected by a reorganization
  1  6 or dissolved during a dissolution and in which action to bring
  1  7 about a reorganization or dissolution is initiated by a vote
  1  8 of the board of directors or jointly by the affected boards of
  1  9 directors to take effect on or after July 1, 2002 2006, and on
  1 10 or before July 1, 2006 2009.  Each district which initiated,
  1 11 by a vote of the board of directors or jointly by the affected
  1 12 boards, action to bring about a reorganization or dissolution
  1 13 to take effect on or after July 1, 2002 2006, and on or before
  1 14 July 1, 2006 2009, shall certify the date and the nature of
  1 15 the action taken to the department of education by January 1
  1 16 of the year in which the reorganization or dissolution takes
  1 17 effect.
  1 18    Sec. 2.  Section 257.11, subsection 2, paragraph c, Code
  1 19 Supplement 2005, is amended by striking the paragraph and
  1 20 inserting in lieu thereof the following:
  1 21    c.  Pupils attending class for all or a substantial portion
  1 22 of a school day pursuant to a whole grade sharing agreement
  1 23 executed under sections 282.10 through 282.12 shall be
  1 24 eligible for supplementary weighting pursuant to this
  1 25 subsection.  A school district which executes a whole grade
  1 26 sharing agreement and which adopts a resolution jointly with
  1 27 the other affected boards to study the question of undergoing
  1 28 a reorganization or dissolution to take effect on or before
  1 29 July 1, 2009, shall receive a weighting of one=tenth of the
  1 30 percentage of the pupil's school day during which the pupil
  1 31 attends classes in another district, attends classes taught by
  1 32 a teacher who is jointly employed under section 280.15, or
  1 33 attends classes taught by a teacher who is employed by another
  1 34 school district.  A district shall be eligible for
  1 35 supplementary weighting pursuant to this paragraph for a
  2  1 maximum of three years.  Receipt of supplementary weighting
  2  2 for a second and third year shall be conditioned upon
  2  3 submission of information resulting from the study to the
  2  4 school budget review committee indicating progress toward the
  2  5 objective of reorganization on or before July 1, 2009.
  2  6    Sec. 3.  Section 257.11A, Code 2005, is amended to read as
  2  7 follows:
  2  8    257.11A  SUPPLEMENTARY WEIGHTING AND SCHOOL REORGANIZATION.
  2  9    1.  In determining weighted enrollment under section 257.6,
  2 10 if the board of directors of a school district has approved a
  2 11 contract for sharing pursuant to section 257.11 and the school
  2 12 district has approved an action to bring about a
  2 13 reorganization to take effect on and after July 1, 2002 2006,
  2 14 and on or before July 1, 2006 2009, the reorganized school
  2 15 district shall include, for a period of three years following
  2 16 the effective date of the reorganization, additional pupils
  2 17 added by the application of the supplementary weighting plan,
  2 18 equal to the pupils added by the application of the
  2 19 supplementary weighting plan in the year preceding the
  2 20 reorganization.  For the purposes of this subsection, the
  2 21 weighted enrollment for the period of three years following
  2 22 the effective date of reorganization shall include the
  2 23 supplementary weighting in the base year used for determining
  2 24 the combined district cost for the first year of the
  2 25 reorganization.  However, the weighting shall be reduced by
  2 26 the supplementary weighting added for a pupil whose residency
  2 27 is not within the reorganized district.
  2 28    2.  For purposes of this section, a reorganized district is
  2 29 one in which the reorganization was approved in an election
  2 30 pursuant to sections 275.18 and 275.20 and takes effect on or
  2 31 after July 1, 2002 2006, and on or before July 1, 2006 2009.
  2 32 Each district which initiates, by a vote of the board of
  2 33 directors or jointly by the affected boards, action to bring
  2 34 about a reorganization or dissolution to take effect on or
  2 35 after July 1, 2002 2006, and on or before July 1, 2006 2009,
  3  1 shall certify the date and the nature of the action taken to
  3  2 the department of education by January 1 of the year in which
  3  3 the reorganization or dissolution takes effect.
  3  4    3.  Notwithstanding subsection 1, a school district which
  3  5 was participating in a whole grade sharing arrangement during
  3  6 the budget year beginning July 1, 2001, and which received a
  3  7 maximum of two years of supplementary weighting pursuant to
  3  8 section 257.11, subsection 2, paragraph "c", shall include
  3  9 additional pupils added by the application of the
  3 10 supplementary weighting plan, equal to the pupils added by the
  3 11 application of the supplementary weighting plan in the year
  3 12 preceding the reorganization, for a period of four years
  3 13 following the effective date of the reorganization.
  3 14    4.  3.  A school district shall be eligible for a combined
  3 15 maximum total of six years of supplementary weighting under
  3 16 the provisions of this section and section 257.11, subsection
  3 17 2, paragraph "c".
  3 18    4.  If the board of directors of a school district approved
  3 19 a contract for sharing pursuant to section 257.11 and the
  3 20 school district approved an action to bring about a
  3 21 reorganization to take effect on and after July 1, 2002, and
  3 22 on or before July 1, 2006, the reorganized school district
  3 23 shall include the additional pupils added by the application
  3 24 of the supplementary weighting plan equal in amount and
  3 25 duration to the supplementary weighting for which the school
  3 26 district was eligible pursuant to the provisions of this
  3 27 section in effect prior to July 1, 2006.
  3 28    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
  3 29 immediate importance, takes effect upon enactment.
  3 30                           EXPLANATION
  3 31    This bill extends existing provisions relating to a reduced
  3 32 foundation property tax levy, and to the receipt of
  3 33 supplementary weighting, as reorganization incentives to
  3 34 school districts.
  3 35    The bill provides for an extension of current provisions
  4  1 which reduce the level of the foundation property tax levy in
  4  2 school districts which have undergone a reorganization or
  4  3 dissolution.  Currently, the reduction takes place if a school
  4  4 district reorganizes or dissolves taking effect on or after
  4  5 July 1, 2002, and on or before July 1, 2006.  The bill changes
  4  6 these dates to 2006 and 2009, respectively.
  4  7    The bill extends the dates contained in Code section
  4  8 257.11, subsection 2, paragraph "c", for a period of three
  4  9 years.  Currently, the paragraph provides that a specified
  4 10 amount of supplementary weighting may be received by a school
  4 11 district that has entered into a whole grade sharing agreement
  4 12 pursuant to Code sections 282.10 through 282.12, for a maximum
  4 13 of three years, if the school district adopts a resolution
  4 14 jointly with the other affected boards to study the question
  4 15 of undergoing a reorganization or dissolution to take effect
  4 16 on or after July 1, 2001, and on or before July 1, 2006.  The
  4 17 paragraph also currently provides that a school district that
  4 18 was not participating in a whole grade sharing agreement
  4 19 during the budget year beginning July 1, 2000, and which
  4 20 executes a whole grade sharing agreement in any succeeding
  4 21 budget year through the budget year beginning July 1, 2005,
  4 22 and that adopts a resolution jointly with the other affected
  4 23 boards to study the question of undergoing a reorganization or
  4 24 dissolution to take effect on or before July 1, 2006, shall
  4 25 receive the supplementary weighting for a period of three
  4 26 years.  The bill changes the applicable dates so that the
  4 27 supplementary weighting is now available to school districts
  4 28 participating in a whole grade sharing agreement and studying
  4 29 the question of reorganization or dissolution to take effect
  4 30 for the school budget year beginning July 1, 2006, through the
  4 31 budget year beginning July 1, 2009.  The bill also eliminates
  4 32 the provision making a distinction between receiving
  4 33 supplementary weighting for two versus three years depending
  4 34 on whether or not the school district had previously entered
  4 35 into a whole grade sharing agreement, such that all school
  5  1 districts entering into a whole grade sharing agreement
  5  2 qualify for three years of supplementary weighting.
  5  3    The bill makes corresponding date changes to Code section
  5  4 257.11A, which provides an additional three years of
  5  5 supplementary weighting for school districts that were
  5  6 receiving it pursuant to Code section 257.11, subsection 2,
  5  7 paragraph "c", and then went on to actually reorganize or
  5  8 dissolve.  Accordingly, the weighting will be available if a
  5  9 board of directors of a school district has approved a
  5 10 contract for sharing pursuant to Code section 257.11 and the
  5 11 school district has approved an action to bring about a
  5 12 reorganization to take effect on and after July 1, 2006, and
  5 13 on or before July 1, 2009.  Additionally, the bill provides
  5 14 that school districts shall continue to receive the
  5 15 supplementary weighting for which they qualified pursuant to
  5 16 the current provisions of Code section 257.11A if the district
  5 17 reorganized or dissolved prior to July 1, 2006.
  5 18    The bill takes effect upon enactment.
  5 19 LSB 5592YC 81
  5 20 rn:rj/sh/8.1