House
File
2254
-
Introduced
HOUSE
FILE
2254
BY
ARNOLD
A
BILL
FOR
An
Act
relating
to
the
disposition
of
certain
former
school
1
district
funds
by
the
director
of
the
department
of
2
education
and
including
effective
date,
validation,
and
3
retroactive
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5375HH
(10)
83
kh/sc
H.F.
2254
Section
1.
DEPARTMENT
OF
EDUCATION
——
AUTHORIZING
FUND
1
TRANSFERS
——
VALIDATION
AND
RETROACTIVE
APPLICABILITY.
2
1.
a.
Notwithstanding
any
other
statute
or
rule
of
law
3
to
the
contrary,
if
a
school
district
whose
accreditation
was
4
removed
by
action
of
the
state
board
of
education
effective
5
July
1,
2008,
had
a
negative
fund
balance
in
its
general
fund
6
at
the
end
of
the
school
budget
year
beginning
July
1,
2007,
7
the
director
of
the
department
of
education
is
authorized
8
to
and
shall
approve
by
August
1,
2010,
the
transfer
of
any
9
positive
balance
from
one
or
more
funds
of
the
school
district
10
to
the
school
district’s
general
fund
for
the
school
budget
11
year
beginning
July
1,
2007,
and
the
transfer
made
is
hereby
12
validated
and
to
that
extent,
this
Act
applies
retroactively
to
13
July
1,
2007.
14
b.
On
the
date
on
which
the
director
of
the
department
15
of
education
approves
the
transfer
of
funds
pursuant
to
this
16
subsection,
the
department
shall
provide
notice
of
the
approval
17
of
the
funds
transferred
pursuant
to
this
subsection
to
the
18
boards
of
directors
of
the
school
districts
to
which
the
former
19
school
district’s
territory
was
merged
and
shall
transmit
to
20
the
state
board
of
education
a
record
of
the
approval
of
the
21
funds
transferred
pursuant
to
this
subsection.
22
2.
The
board
of
directors
of
a
school
district
to
which
the
23
former
school
district’s
territory
was
merged
shall
be
exempted
24
from
any
liability
resulting
from
the
action
taken
by
the
25
director
of
the
department
of
education
pursuant
to
subsection
26
1
if
the
school
board,
within
30
days
of
the
date
on
which
the
27
director
of
the
department
of
education
took
action
pursuant
to
28
subsection
1,
adopts
a
resolution
to
accept
the
action
taken
by
29
the
director
pursuant
to
subsection
1.
30
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
31
immediate
importance,
takes
effect
upon
enactment.
32
EXPLANATION
33
This
bill
provides
that
if
a
school
district
whose
34
accreditation
was
removed
by
action
of
the
state
board
of
35
-1-
LSB
5375HH
(10)
83
kh/sc
1/
2
H.F.
2254
education
effective
July
1,
2008,
had
a
negative
fund
balance
1
in
its
general
fund
at
the
time
its
accreditation
was
removed,
2
the
director
of
the
department
of
education
is
authorized
3
to
and
shall
by
August
1,
2010,
approve
the
transfer
of
any
4
positive
balance
from
one
or
more
funds
of
the
school
district
5
to
the
school
district’s
general
fund.
The
board
of
directors
6
of
a
school
district
to
which
the
former
school
district’s
7
territory
was
merged
is
exempt
from
any
liability
resulting
8
from
the
transfer
if
the
school
board,
within
30
days
of
the
9
date
the
director
takes
action
to
transfer
the
funds,
adopts
a
10
resolution
to
accept
the
action
taken
by
the
director.
11
On
the
date
on
which
the
director
approves
the
transfer
of
12
funds,
the
department
must
provide
notice
of
the
director’s
13
approval
of
the
funds
transfer
to
the
affected
school
boards
14
and
shall
transmit
to
the
state
board
of
education
a
record
of
15
the
director’s
approval
of
the
funds
transfer.
16
The
bill
takes
effect
upon
enactment.
17
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5375HH
(10)
83
kh/sc
2/
2