House File 2492 - Introduced HOUSE FILE 2492 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 623) A BILL FOR An Act relating to the duties and operations of the department 1 of education and local school boards. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5391HV (3) 83 kh/sc
H.F. 2492 Section 1. Section 19B.11, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. It is the policy of this state to provide equal 3 opportunity in school district, area education agency, and 4 community college employment to all persons. An individual 5 shall not be denied equal access to school district, area 6 education agency, or community college employment opportunities 7 because of race, creed, color, religion, national origin, 8 sex, sexual orientation, gender identity, age, or physical or 9 mental disability. It also is the policy of this state to 10 apply affirmative action measures to correct deficiencies in 11 school district, area education agency, and community college 12 employment systems where those remedies are appropriate. This 13 policy shall be construed broadly to effectuate its purposes. 14 Sec. 2. Section 22.7, subsection 1, Code Supplement 2009, 15 is amended to read as follows: 16 1. Personal information in records regarding a student, 17 prospective student, or former student maintained, created, 18 collected or assembled by or for a school corporation or 19 educational institution maintaining such records. This 20 subsection shall not be construed to prohibit a postsecondary 21 education institution from disclosing to a parent or guardian 22 information regarding a violation of a federal, state, or 23 local law, or institutional rule or policy governing the use 24 or possession of alcohol or a controlled substance if the 25 child is under the age of twenty-one years and the institution 26 determines that the student committed a disciplinary violation 27 with respect to the use or possession of alcohol or a 28 controlled substance regardless of whether that information is 29 contained in the student’s education records. This subsection 30 shall not be construed to prohibit a school corporation or 31 educational institution from transferring student records 32 electronically to the department of education, an accredited 33 nonpublic school, an attendance center, a school district, or 34 an accredited postsecondary institution in accordance with 35 -1- LSB 5391HV (3) 83 kh/sc 1/ 26
H.F. 2492 section 256.9, subsection 47. 1 Sec. 3. Section 256.5A, Code 2009, is amended to read as 2 follows: 3 256.5A Nonvoting member. 4 1. The governor shall appoint the one nonvoting student 5 member of the state board for a term of one year two 6 years beginning and ending as provided in section 69.19. The 7 nonvoting student member shall be appointed from a list of 8 names submitted by the state board of education. Students 9 enrolled in either grade ten or eleven in a public school 10 may apply to the state board to serve as a nonvoting student 11 member. 12 2. The department shall develop an application process that 13 requires the consent of the student’s parent or guardian if 14 the student is a minor, initial application approval by the 15 school district in which the student applicant is enrolled, and 16 submission of approved applications by a school district to the 17 department. 18 3. The nonvoting student member’s school district of 19 enrollment shall notify the student’s parents if the student’s 20 grade point average falls during the period in which the 21 student is a member of the state board. 22 4. The state board shall adopt rules under chapter 17A 23 specifying criteria for the selection of applicants whose 24 names shall be submitted to the governor. Criteria shall 25 include , but are not limited to , academic excellence, 26 participation in extracurricular and community activities, 27 and interest in serving on the board. Rules adopted by the 28 state board shall also require, if the student is a minor, 29 supervision of the student by the student’s parent or guardian 30 while the student is engaged in authorized state board business 31 at a location other than the community in which the student 32 resides, unless the student’s parent or guardian submits to the 33 state board a signed release indicating the parent or guardian 34 has determined that supervision of the student by the parent or 35 -2- LSB 5391HV (3) 83 kh/sc 2/ 26
H.F. 2492 guardian is unnecessary. 1 5. The nonvoting student member appointment is not subject 2 to section 69.16 or 69.16A. 3 6. The nonvoting student member shall have been enrolled 4 in a public school in Iowa for at least one year prior to the 5 member’s appointment. A nonvoting student member who will not 6 graduate from high school prior to the end of a second term may 7 apply to the state board for submission of candidacy to the 8 governor for a second one-year term. 9 7. A nonvoting student member shall be paid a per diem as 10 provided in section 7E.6 and the student and the student’s 11 parent or guardian shall be reimbursed for actual and necessary 12 expenses incurred in the performance of the student’s duties as 13 a nonvoting member of the state board. 14 8. A vacancy in the membership of the nonvoting student 15 member shall not be filled until the expiration of the term. 16 Sec. 4. Section 256.9, subsections 25 and 26, Code 17 Supplement 2009, are amended by striking the subsections. 18 Sec. 5. Section 256.9, subsection 52, paragraph a, Code 19 Supplement 2009, is amended to read as follows: 20 a. Develop and distribute, in collaboration with the area 21 education agencies, core curriculum technical assistance 22 and implementation strategies that school districts and 23 accredited nonpublic schools shall utilize, including but 24 not limited to the development and delivery of formative and 25 end-of-course model end-of-course and additional assessments 26 classroom teachers may use to measure student progress 27 on the core curriculum adopted pursuant to section 256.7, 28 subsection 26. The department shall, in collaboration with the 29 advisory group convened in accordance with paragraph “b” and 30 educational assessment providers, identify and make available 31 to school districts model end-of-course and additional model 32 end-of-course and additional assessments to align with the 33 expectations included in the Iowa core curriculum. The model 34 assessments shall be suitable to meet the multiple assessment 35 -3- LSB 5391HV (3) 83 kh/sc 3/ 26
H.F. 2492 measures requirement specified in section 256.7, subsection 21, 1 paragraph “c” . 2 Sec. 6. Section 256.10, subsection 2, Code 2009, is amended 3 to read as follows: 4 2. Appointments to the professional staff of the department 5 shall be made in accordance with section 216.6, subsection 1, 6 and shall be without reference to political party affiliation, 7 religious affiliation, sex, or marital status, but shall be 8 based solely upon fitness, ability, and proper qualifications 9 for the particular position. The professional staff shall 10 serve at the discretion of the director. A member of the 11 professional staff shall not be dismissed for cause without 12 appropriate due process procedures including a hearing an 13 opportunity to meet with the director . 14 Sec. 7. Section 256.30, Code 2009, is amended to read as 15 follows: 16 256.30 Educational expenses for American Indians. 17 1. The department of education shall provide moneys to pay 18 the expense of educating American Indian children residing in 19 the Sac and Fox Indian settlement on land held in trust by 20 the secretary of the interior of the United States in excess 21 of federal moneys paid to the tribal council for educating 22 the American Indian children when moneys are appropriated for 23 that purpose. The tribal council shall administer the moneys 24 distributed to it by the department and shall submit an annual 25 report and other reports as required by the department to the 26 department on the expenditure of the moneys. 27 2. The tribal council shall administer moneys distributed 28 to it by the department of education as provided in subsection 29 1. The tribal council shall first use the moneys distributed 30 to it by the department of education for the purposes of this 31 section to pay the additional costs of salaries for licensed 32 instructional staff for educational attainment and full-time 33 equivalent years of experience to equal the salaries listed on 34 the proposed salary schedule for the school at the Sac and Fox 35 -4- LSB 5391HV (3) 83 kh/sc 4/ 26
H.F. 2492 Indian settlement for that school year, but the salary for a 1 licensed instructional staff member employed on a full-time 2 basis shall not be less than eighteen thousand dollars. 3 3. The department of management shall approve allotments 4 of moneys appropriated in for purposes of this section when 5 the department of education certifies to the department of 6 management that the requirements of this section have been met . 7 Sec. 8. Section 257.6, subsection 1, paragraph a, 8 subparagraph (3), Code Supplement 2009, is amended to read as 9 follows: 10 (3) Shared-time and part-time pupils of school age enrolled 11 in public schools within the district, irrespective of the 12 districts in which the pupils reside, in the proportion that 13 the time for which they are enrolled or receive instruction for 14 the school year is to the time that full-time pupils carrying 15 a normal course schedule, at the same grade level, in the 16 same school district, for the same school year, are enrolled 17 and receive instruction. Tuition charges to the parent or 18 guardian of a shared-time or part-time nonresident pupil shall 19 be reduced by the amount of any increased state aid received by 20 the district by the counting of the pupil. This subparagraph 21 applies to pupils enrolled in grades nine through twelve under 22 section 299A.8 and to pupils from accredited nonpublic schools 23 accessing classes or services on the accredited nonpublic 24 school premises or the school district site, but excludes 25 accredited nonpublic school pupils receiving classes or 26 services funded by federal grants or allocations. 27 Sec. 9. Section 257.31, subsection 2, Code Supplement 2009, 28 is amended to read as follows: 29 2. The committee shall specify the number of hearings held 30 annually, the reasons for the committee’s recommendations, a 31 summary of decisions, information about the amounts of property 32 tax levied by school districts for a cash reserve, and other 33 information the committee deems advisable on the department of 34 education’s internet website site . 35 -5- LSB 5391HV (3) 83 kh/sc 5/ 26
H.F. 2492 Sec. 10. Section 257.37, subsection 4, Code 2009, is amended 1 to read as follows: 2 4. “Enrollment served” means the basic enrollment plus the 3 number of nonpublic school pupils served with media services 4 or educational services, as applicable, except that if a 5 nonpublic school pupil or a pupil attending another district 6 under a whole grade sharing agreement or open enrollment 7 receives services through an area other than the area of the 8 pupil’s residence, the pupil shall be deemed to be served by 9 the area of the pupil’s residence, which shall by contractual 10 arrangement reimburse the area through which the pupil actually 11 receives services. Each school district shall include in 12 the enrollment report submitted pursuant to section 257.6, 13 subsection 1, the number of nonpublic school pupils within each 14 school district for media and educational services served by 15 the area. However, the school district shall not include in 16 the enrollment report nonpublic school pupils receiving classes 17 or services funded by federal grants or allocations. 18 Sec. 11. Section 257B.33, Code 2009, is amended to read as 19 follows: 20 257B.33 Suit —— attorney fee. 21 If the debtor does not comply with the notice, the auditor 22 shall report the noncompliance to the county attorney, 23 who shall board of directors of the school district, which 24 may bring an action to recover the debt, and an injunction may 25 issue for cause, without bond when so petitioned, and there 26 shall be allowed in the judgment, entered and taxed as a part 27 of the costs in the case, a reasonable sum as compensation to 28 plaintiff’s attorney, not exceeding the amount provided by law 29 for attorneys’ fees. 30 Sec. 12. Section 259A.1, Code 2009, is amended to read as 31 follows: 32 259A.1 Tests. 33 The department of education shall cause to be made 34 available for qualified individuals a high school equivalency 35 -6- LSB 5391HV (3) 83 kh/sc 6/ 26
H.F. 2492 diploma. The diploma shall be issued on the basis of 1 satisfactory competence as shown by tests covering all of the 2 following: reading, arts, language arts, writing language 3 arts-reading, language arts-writing , mathematics, science, and 4 social studies. 5 Sec. 13. Section 261E.8, subsection 5, Code Supplement 6 2009, is amended by striking the subsection. 7 Sec. 14. Section 273.3, subsection 12, Code Supplement 8 2009, is amended to read as follows: 9 12. Prepare an annual budget estimating income and 10 expenditures for programs and services as provided in sections 11 273.1 to 273.9 and chapter 256B within the limits of funds 12 provided under section 256B.9 and chapter 257. The board 13 shall give notice of a public hearing on the proposed budget 14 by publication in an official county newspaper in each county 15 in the territory of the area education agency in which the 16 principal place of business of a school district that is a part 17 of the area education agency is located. The notice shall 18 specify the date, which shall be not later than March 1 of 19 each year, the time, and the location of the public hearing. 20 The proposed budget as approved by the board shall then be 21 submitted to the state board of education, on forms provided 22 by the department, no later than March 15 preceding the 23 next fiscal year for approval. The state board shall review 24 the proposed budget of each area education agency and shall 25 before April May 1, either grant approval or return the budget 26 without approval with comments of the state board included. An 27 unapproved budget shall be resubmitted to the state board for 28 final approval not later than April May 15. For the fiscal 29 year beginning July 1, 1999, and each succeeding fiscal year, 30 the The state board shall give final approval only to budgets 31 submitted by area education agencies accredited by the state 32 board or that have been given conditional accreditation by the 33 state board. 34 Sec. 15. Section 273.23, subsection 5, Code 2009, is amended 35 -7- LSB 5391HV (3) 83 kh/sc 7/ 26
H.F. 2492 to read as follows: 1 5. The initial board, or new board if established in time 2 under subsection 3, of the newly formed agency shall prepare an 3 annual budget estimating income and expenditures for programs 4 and services as provided in sections 273.1 through 273.9 5 and chapter 256B within the limits of funds provided under 6 section 256B.9 and chapter 257. The board shall give notice 7 of a public hearing on the proposed budget by publication in 8 an official county newspaper in each county in the territory 9 of the area education agency in which the principal place 10 of business of a school district that is a part of the area 11 education agency is located. The notice shall specify the 12 date, which shall not be later than March 1, the time, and 13 the location of the public hearing. The proposed budget as 14 approved by the board shall be submitted to the state board, 15 on forms provided by the department, no later than March 15 16 for approval. The state board shall review the proposed 17 budget of the newly formed area education agency and shall, 18 before April May 1, either grant approval or return the budget 19 without approval with comments of the state board included. An 20 unapproved budget shall be resubmitted to the state board for 21 final approval not later than April May 15. The state board 22 shall give final approval only to budgets submitted by area 23 education agencies accredited by the state board or that have 24 been given conditional accreditation by the state board. 25 Sec. 16. Section 279.30, Code 2009, is amended to read as 26 follows: 27 279.30 Exceptions. 28 Each payment must be made payable to the person entitled to 29 receive the money or deposited directly into an account at a 30 financial institution, as defined in section 527.2, specified 31 by the person entitled to receive the money . The board of 32 directors of a school district or an area education agency may 33 by resolution authorize the secretary, upon approval of the 34 superintendent or designee, or administrator, in the case of 35 -8- LSB 5391HV (3) 83 kh/sc 8/ 26
H.F. 2492 an area education agency, to issue payments when the board 1 of directors is not in session in payment of reasonable and 2 necessary expenses, but only upon verified bills filed with the 3 secretary or administrator, and for the payment of salaries 4 pursuant to the terms of a written contract. Each payment 5 must be made payable only to the person performing the service 6 or presenting the verified bill, and must state the purpose 7 for which the payment is issued. All bills and salaries for 8 which payments are issued prior to audit and allowance by the 9 board must be passed upon by the board of directors at the next 10 meeting and be entered in the regular minutes of the secretary. 11 Sec. 17. Section 279.42, Code 2009, is amended to read as 12 follows: 13 279.42 Gifts to schools. 14 The board of directors of a school district which that 15 receives funds through gifts, devises, and bequests a gift, 16 devise, or bequest shall deposit these the funds in a trust 17 and , permanent, or agency fund and shall use them the funds in 18 accordance with the terms of the gift, devise, or bequest. 19 Sec. 18. Section 280.3, subsection 2, Code 2009, is amended 20 to read as follows: 21 2. The minimum educational program shall be the curriculum 22 set forth in subsection 3 of this section and section 256.11, 23 except as otherwise provided by law. The board of directors of 24 a public school district shall not allow discrimination in any 25 educational program on the basis of race, color, creed, sex, 26 marital status, sexual orientation, gender identity, or place 27 of national origin. 28 Sec. 19. Section 282.9, subsection 1, Code Supplement 2009, 29 is amended to read as follows: 30 1. Notwithstanding this chapter and sections 275.55A , and 31 256F.4, and 282.18 , or any other provision to the contrary, 32 prior to knowingly enrolling an individual who is required 33 to register as a sex offender under chapter 692A, but who is 34 otherwise eligible to enroll in a public school, the board of 35 -9- LSB 5391HV (3) 83 kh/sc 9/ 26
H.F. 2492 directors of a school district shall determine the educational 1 placement of the individual. Upon receipt of notice that a 2 student who is enrolled in the district is required to register 3 as a sex offender under chapter 692A, the board shall determine 4 the educational placement of the student. The tentative agenda 5 for the meeting of the board of directors at which the board 6 will consider such enrollment or educational placement shall 7 specifically state that the board is considering the enrollment 8 or educational placement of an individual who is required 9 to register as a sex offender under chapter 692A. If the 10 individual is denied enrollment in a school district under this 11 section, the school district of residence shall provide the 12 individual with educational services in an alternative setting. 13 Sec. 20. Section 282.18, subsection 4, Code Supplement 14 2009, is amended by adding the following new paragraph: 15 NEW PARAGRAPH . Oc. If a request for transfer is submitted 16 to the receiving district after March 1 of the preceding 17 school year on behalf of a pupil whose sibling is already 18 participating in open enrollment, the receiving district shall 19 take action to approve the request. 20 Sec. 21. Section 282.18, subsection 5, Code Supplement 21 2009, is amended to read as follows: 22 5. Open enrollment applications filed after March 1 23 of the preceding school year that do not qualify for good 24 cause approval as provided in subsection 4 shall be subject 25 to the approval of the board of the resident district and 26 the board of the receiving district. The parent or guardian 27 shall send notification to the district of residence and the 28 receiving district that the parent or guardian seeks to enroll 29 the parent’s or guardian’s child in the receiving district. A 30 decision of either board to deny an application filed under 31 this subsection involving repeated acts of harassment of the 32 student or serious health condition of the student that the 33 resident district cannot adequately address is subject to 34 appeal under section 290.1. The state board shall exercise 35 -10- LSB 5391HV (3) 83 kh/sc 10/ 26
H.F. 2492 broad discretion to achieve just and equitable results that are 1 in the best interest of the affected child or children. 2 Sec. 22. Section 284.10, subsection 2, Code 2009, is amended 3 to read as follows: 4 2. An administrator licensed under chapter 272 who conducts 5 evaluations of teachers for purposes of this chapter shall 6 complete the evaluator training program. A practitioner 7 licensed under chapter 272 who is not an administrator 8 may enroll in the evaluator training program. Enrollment 9 preference shall be given to administrators and to other 10 practitioners who are not beginning teachers . Upon successful 11 completion, the provider shall certify that the administrator 12 or other practitioner is qualified to conduct evaluations 13 for employment, make recommendations for licensure, and make 14 recommendations that a teacher is qualified to advance from one 15 career path level to the next career path level pursuant to 16 this chapter. Certification is for a period of five years and 17 may be renewed. 18 Sec. 23. Section 284A.2, subsection 2, Code Supplement 19 2009, is amended to read as follows: 20 2. “Beginning administrator” means an individual serving 21 under an initial administrator license, issued by the board 22 of educational examiners under chapter 272, who is assuming 23 a position as a school district administrator principal or 24 superintendent for the first time. 25 Sec. 24. Section 284A.5, subsections 3 and 5, Code 2009, are 26 amended to read as follows: 27 3. Each school board shall establish an administrator 28 mentoring program for all beginning administrators. The 29 school board may adopt the model program developed by the 30 department pursuant to subsection 2. Each school board’s 31 beginning administrator mentoring and induction program 32 shall, at a minimum, provide for one year of programming to 33 support the Iowa standards for school administrators adopted 34 pursuant to section 256.7, subsection 27, and beginning 35 -11- LSB 5391HV (3) 83 kh/sc 11/ 26
H.F. 2492 administrators’ professional and personal needs. Each school 1 board shall develop an initial and implement a beginning 2 administrator mentoring and induction plan. The plan shall 3 describe the mentor selection process, describe supports for 4 beginning administrators, describe program organizational 5 and collaborative structures, provide a budget, provide 6 for sustainability of the program, and provide for program 7 evaluation. The school board employing an administrator shall 8 determine the conditions and requirements of an administrator 9 participating in a program established pursuant to this 10 section. A school board shall include its plan in the school 11 district’s comprehensive school improvement plan submitted 12 pursuant to section 256.7, subsection 21. 13 5. By the end of a beginning administrator’s first year of 14 employment, the beginning administrator may be comprehensively 15 evaluated to determine if the administrator meets expectations 16 to move to a standard professional administrator license , 17 where appropriate . The school district or area education 18 agency that employs a beginning administrator shall recommend 19 the beginning administrator for a standard professional 20 administrator license , where appropriate, if the beginning 21 administrator is determined through a comprehensive evaluation 22 to demonstrate competence in the Iowa standards for school 23 administrators adopted pursuant to section 256.7, subsection 24 27. A school district or area education agency may allow a 25 beginning administrator a second year to demonstrate competence 26 in the Iowa standards for school administrators if, after 27 conducting a comprehensive evaluation, the school district 28 or area education agency determines that the administrator 29 is likely to successfully demonstrate competence in the Iowa 30 standards for school administrators by the end of the second 31 year. Upon notification by the school district or area 32 education agency, the board of educational examiners shall 33 grant a beginning administrator who has been allowed a second 34 year to demonstrate competence a one-year extension of the 35 -12- LSB 5391HV (3) 83 kh/sc 12/ 26
H.F. 2492 beginning administrator’s initial license. An administrator 1 granted a second year to demonstrate competence shall undergo a 2 comprehensive evaluation at the end of the second year. 3 Sec. 25. Section 284A.6, subsection 2, Code 2009, is amended 4 to read as follows: 5 2. In cooperation with the administrator’s evaluator, the 6 administrator who has a standard administrator’s professional 7 administrator license issued by the board of educational 8 examiners pursuant to chapter 272 and is employed by a 9 school district or area education agency in a school 10 district administrative position, shall develop an individual 11 administrator professional development plan. The purpose 12 of the plan is to promote individual and group professional 13 development. The individual plan shall be based, at a minimum, 14 on the needs of the administrator, the Iowa standards for 15 school administrators adopted pursuant to section 256.7, 16 subsection 27, and the student achievement goals of the 17 attendance center and the school district as outlined in the 18 comprehensive school improvement plan. 19 Sec. 26. Section 284A.7, Code 2009, is amended to read as 20 follows: 21 284A.7 Evaluation requirements for administrators. 22 A school district shall conduct an evaluation of 23 an administrator who holds a standard professional 24 administrator license issued under chapter 272 at least once 25 every three years for purposes of assisting the administrator 26 in making continuous improvement, documenting continued 27 competence in the Iowa standards for school administrators 28 adopted pursuant to section 256.7, subsection 27, or to 29 determine whether the administrator’s practice meets school 30 district expectations. The review shall include, at a minimum, 31 an assessment of the administrator’s competence in meeting 32 the Iowa standards for school administrators and the goals of 33 the administrator’s individual professional development plan, 34 including supporting documentation or artifacts aligned to the 35 -13- LSB 5391HV (3) 83 kh/sc 13/ 26
H.F. 2492 Iowa standards for school administrators and the individual 1 administrator’s professional development plan. 2 Sec. 27. Section 284A.8, Code Supplement 2009, is amended 3 to read as follows: 4 284A.8 Beginning administrator mentoring and induction 5 program —— program funds. 6 1. To the extent moneys are available, a school district 7 shall receive one thousand five hundred dollars per beginning 8 administrator participating in the program. If the funds 9 appropriated for the program are insufficient to pay mentors 10 and school districts as provided in this section , the 11 department shall prorate the amount distributed to school 12 districts based upon the amount appropriated. Moneys received 13 by a school district pursuant to this section shall be expended 14 to provide each mentor with an award of five hundred dollars 15 per semester, at a minimum, for participation in the school 16 district’s beginning administrator mentoring and induction 17 program; to implement the plan; and to pay any applicable costs 18 of the employer’s share of contributions to federal social 19 security and the Iowa public employees’ retirement system or a 20 pension and annuity retirement system established under chapter 21 294, for such amounts paid by the district. 22 2. If the funds appropriated for the program are 23 insufficient to pay mentors and school districts as provided 24 in this section, the department shall prorate the amount 25 distributed to school districts based upon the amount 26 appropriated. A school district shall give priority to fully 27 funding the obligation to principal mentors. Remaining moneys, 28 if any, shall first be used to fund superintendent mentors and 29 then to fund other program costs and applicable costs described 30 in subsection 1. 31 Sec. 28. Section 285.9, Code 2009, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 5. Review all transportation disputes 34 between districts. If the affected districts are located in 35 -14- LSB 5391HV (3) 83 kh/sc 14/ 26
H.F. 2492 more than one area education agency, the area education agency 1 in which the affected district with the greatest certified 2 enrollment is located shall be the reviewing agency. In 3 resolving disputes between districts, the reviewing agency 4 board shall, after receiving all facts, make such alterations 5 or changes as necessary to make the arrangements, designations, 6 and contracts conform to the legal and established requirements 7 and shall notify each affected local school board of such 8 action. An affected district may appeal the decision of the 9 agency board to the director of the department of education by 10 following the timelines and procedures in section 285.12. 11 Sec. 29. Section 291.1, Code 2009, is amended to read as 12 follows: 13 291.1 President —— duties. 14 The president of the board of directors shall preside at 15 all of its meetings, sign all contracts made by the board, 16 and appear in on behalf of the corporation in all actions 17 brought by or against it, unless individually a party, in 18 which case this duty shall be performed by the secretary. 19 The president or the president’s designee shall sign, using 20 an original or facsimile signature, all school district 21 warrants payments drawn and authorize electronic funds 22 transfers as provided by law. The board of directors, by 23 resolution, may designate an individual, who shall not be the 24 secretary, to sign warrants payments or authorize electronic 25 funds transfers on behalf of the president. 26 Sec. 30. Section 291.6, subsection 3, Code 2009, is amended 27 by striking the subsection and inserting in lieu thereof the 28 following: 29 3. Accounting records. Keep an accurate accounting record 30 of each payment or electronic funds transfer from each fund 31 which shall be provided monthly to the board of directors. The 32 secretary of the creditor district shall prepare and deliver to 33 debtor districts an itemized statement of tuition fees charged 34 in accordance with sections 275.55A and 282.11, and section 35 -15- LSB 5391HV (3) 83 kh/sc 15/ 26
H.F. 2492 282.24, subsection 1. 1 Sec. 31. Section 291.6, subsection 4, Code 2009, is amended 2 to read as follows: 3 4. Claims. Keep an accurate account accounting of all 4 expenses incurred by the corporation, and present the same to 5 the board for audit and payment. 6 Sec. 32. Section 291.7, Code 2009, is amended to read as 7 follows: 8 291.7 Monthly receipts, disbursements, and balances. 9 The secretary of each district shall file monthly with 10 the board of directors a complete statement of all receipts 11 and disbursements from the various funds each individual 12 fund during the preceding month, and also the balance remaining 13 on hand in the various funds each individual fund at the 14 close of the period covered by the statement, which monthly 15 statements shall be open to public inspection. 16 Sec. 33. Section 291.8, Code 2009, is amended by striking 17 the section and inserting in lieu thereof the following: 18 291.8 Payments. 19 The secretary shall make each authorized payment, 20 countersign using an original or facsimile signature, and 21 maintain accounting records of the payments or electronic funds 22 transfers, showing the number, date, payee, originating fund, 23 the purpose, and the amount, and shall provide to the board at 24 each regular annual meeting a copy of the accounting records 25 maintained by the secretary. 26 Sec. 34. Section 291.12, Code 2009, is amended to read as 27 follows: 28 291.12 Duties of treasurer —— payment of warrants payments . 29 The treasurer shall receive all moneys belonging to the 30 corporation, pay the same out only upon the order of the 31 president countersigned by the secretary, keeping and shall 32 keep an accurate account accounting record of all receipts 33 and expenditures in a book provided for that purpose . The 34 treasurer shall register all orders drawn payments and 35 -16- LSB 5391HV (3) 83 kh/sc 16/ 26
H.F. 2492 electronic funds transfers made and reported to the treasurer 1 by the secretary, showing the number, date, to whom drawn, the 2 fund upon from which drawn each payment and transfer was made , 3 the purpose and amount. 4 Sec. 35. Section 291.14, Code 2009, is amended to read as 5 follows: 6 291.14 Financial statement. 7 The treasurer shall render a statement of the finances of the 8 corporation whenever required by the board, and the treasurer’s 9 books accounting records shall always be open for inspection. 10 Sec. 36. Section 298A.13, Code 2009, is amended to read as 11 follows: 12 298A.13 Trust , permanent, or agency funds. 13 Trust , permanent, or agency funds shall be established by 14 any school corporation to account for gifts it receives to 15 be used for a particular purpose or to account for money and 16 property received and administered by the district as trustee 17 or custodian or in the capacity of an agent. Boards may 18 establish trust and , permanent, or agency funds as necessary. 19 Sec. 37. Section 299A.11, Code 2009, is amended to read as 20 follows: 21 299A.11 Student records confidential. 22 Notwithstanding any provision of law or rule to the 23 contrary, personal information in records regarding a child 24 receiving competent private instruction pursuant to this 25 chapter, which are maintained, created, collected, or assembled 26 by or for a state agency, shall be kept confidential in 27 the same manner as personal information in student records 28 maintained, created, collected, or assembled by or for a school 29 corporation or educational institution in accordance with 30 section 22.7, subsection 1. For purposes of this section, 31 “personal information in records regarding a child receiving 32 competent private instruction” shall include the child’s 33 name and home address as well as all other information that 34 personally identifies the child. 35 -17- LSB 5391HV (3) 83 kh/sc 17/ 26
H.F. 2492 Sec. 38. Section 321.1, subsection 69, unnumbered paragraph 1 1, Code Supplement 2009, is amended to read as follows: 2 “School bus” means every vehicle operated for the 3 transportation of children to or from school or school 4 activities , except vehicles which are: 5 Sec. 39. Section 321.1, subsection 69, paragraph d, Code 6 Supplement 2009, is amended to read as follows: 7 d. Designed to carry not more than nine persons as 8 passengers, either school owned or privately owned, which 9 are used to transport pupils to activity events in which the 10 pupils are participants or used to transport pupils to their 11 homes in case of illness or other emergency situations. The 12 vehicles operated under the provisions of this paragraph 13 shall be operated by employees of the school district who are 14 specifically approved by the local superintendent of schools 15 for the assignment. 16 Sec. 40. Section 321.373, subsection 1, Code 2009, is 17 amended to read as follows: 18 1. Every school bus except private passenger vehicles 19 used as school buses as defined in section 321.1, subsection 20 69, shall be constructed and equipped to meet safety standards 21 prescribed in rules adopted by the state board of education. 22 Such rules shall conform to safety standards set forth in 23 federal laws and regulations and shall conform, insofar 24 as practicable, to the minimum standards for school buses 25 recommended by the national conference on school transportation 26 administered by the national commission on safety education and 27 published by the national education association. 28 Sec. 41. Section 321.376, Code Supplement 2009, is amended 29 by adding the following new subsection: 30 NEW SUBSECTION . 3. The provisions of this section relating 31 to a certificate of qualification and approved course of 32 instruction shall not apply to a person driving a vehicle 33 designed to carry not more than nine persons as passengers, 34 either school owned or privately owned, used to transport 35 -18- LSB 5391HV (3) 83 kh/sc 18/ 26
H.F. 2492 pupils to school activities or events. 1 Sec. 42. Section 321.379, Code 2009, is amended to read as 2 follows: 3 321.379 Violations. 4 No school board, individual, or organization shall purchase, 5 construct, or contract for use, to transport pupils to or 6 from school or school activities , any school bus which does 7 not comply with the minimum requirements of section 321.373 8 and any individual, or any member or officer of such board or 9 organization who authorizes, the purchase, construction, or 10 contract for any such bus not complying with these minimum 11 requirements shall be guilty of a misdemeanor punishable as 12 provided in section 321.482. 13 Sec. 43. Section 321J.3, subsection 1, paragraph c, Code 14 2009, is amended to read as follows: 15 c. The court may prescribe the length of time for the 16 evaluation and treatment or it may request that the community 17 college or other approved provider conducting the course 18 for drinking drivers which the person is ordered to attend 19 or the treatment program to which the person is committed 20 immediately report to the court when the person has received 21 maximum benefit from the course for drinking drivers or 22 treatment program or has recovered from the person’s addiction, 23 dependency, or tendency to chronically abuse alcohol or drugs. 24 Sec. 44. Section 321J.17, subsection 2, paragraph b, Code 25 2009, is amended to read as follows: 26 b. The court or department may request that the community 27 college or substance abuse treatment providers licensed under 28 chapter 125 or other approved provider conducting the course 29 for drinking drivers that the person is ordered to attend 30 immediately report to the court or department that the person 31 has successfully completed the course for drinking drivers. 32 The court or department may request that the treatment program 33 which the person attends periodically report on the defendant’s 34 attendance and participation in the program, as well as the 35 -19- LSB 5391HV (3) 83 kh/sc 19/ 26
H.F. 2492 status of treatment or rehabilitation. 1 Sec. 45. Section 321J.22, subsection 1, Code 2009, is 2 amended by adding the following new paragraph: 3 NEW PARAGRAPH . Oa. “Approved provider” means a provider of 4 a course offered outside this state for drinking drivers which 5 has been approved by the department of education. 6 Sec. 46. Section 321J.22, subsection 2, Code 2009, is 7 amended by adding the following new paragraph: 8 NEW PARAGRAPH . Od. The department of education may approve 9 a provider of a course offered outside this state for drinking 10 drivers upon proof to the department’s satisfaction that the 11 course is comparable to those offered by community colleges, 12 substance abuse treatment programs licensed under chapter 125, 13 and state correctional facilities as provided in this section. 14 The department shall comply with the requirements of subsection 15 5 regarding such approved providers. 16 Sec. 47. Section 331.756, subsection 7, Code 2009, is 17 amended to read as follows: 18 7. Give advice or a written opinion, without compensation, 19 to the board and other county officers and to school 20 and township officers, when requested by an officer, upon 21 any matters in which the state, county, school, or township 22 is interested, or relating to the duty of the officer in any 23 matters in which the state, county, school, or township may 24 have an interest, but the county attorney shall not appear 25 before the board at a hearing in which the state or county is 26 not interested. 27 Sec. 48. Section 331.756, subsection 54, Code 2009, is 28 amended by striking the subsection. 29 Sec. 49. REPEAL. Sections 256.20 and 256.23, Code 2009, 30 are repealed. 31 Sec. 50. STATE MANDATE FUNDING SPECIFIED. In accordance 32 with section 25B.2, subsection 3, the state cost of requiring 33 compliance with any state mandate included in this Act shall 34 be paid by a school district from state school foundation aid 35 -20- LSB 5391HV (3) 83 kh/sc 20/ 26
H.F. 2492 received by the school district under section 257.16. This 1 specification of the payment of the state cost shall be deemed 2 to meet all of the state funding-related requirements of 3 section 25B.2, subsection 3, and no additional state funding 4 shall be necessary for the full implementation of this Act 5 by and enforcement of this Act against all affected school 6 districts. 7 EXPLANATION 8 This bill makes miscellaneous changes to Code provisions 9 relating to education as follows: 10 CONFIDENTIAL RECORDS. Code section 22.7, subsection 1, is 11 amended to establish that the provision does not prohibit a 12 school corporation or educational institution from transferring 13 student records electronically to other school corporations or 14 educational institutions in accordance with the department of 15 education’s comprehensive management information system and 16 uniform coding and reporting system. 17 Code section 299A.11 is amended to provide that “personal 18 information in records regarding a child receiving competent 19 private instruction” includes the child’s name and home 20 address, and any other information that personally identifies 21 the child. 22 STUDENT STATE BOARD OF EDUCATION MEMBER. Code section 23 256.5A is amended to increase the term of the nonvoting student 24 member of the state board of education from one year to two 25 years, and provides that the student must be enrolled in grade 26 10 when applying for the appointment. Currently, a student may 27 be enrolled in grade 10 or 11 at the time the student applies. 28 SCHOOL LAW PRINTING REQUIREMENT. Code section 256.9, 29 subsections 25 and 26, are stricken. The provisions require 30 the director of the department of education to cause to 31 be printed in book form, every four years since 1987, all 32 school laws, and changes to school laws, with forms, rulings, 33 decisions, notes, and suggestions which may aid school officers 34 in the proper discharge of their duties. The book must be 35 -21- LSB 5391HV (3) 83 kh/sc 21/ 26
H.F. 2492 furnished to school and area officers and administrators, 1 members of the general assembly, and others as reasonably 2 requested. 3 EMPLOYMENT PRACTICES. Code section 256.10, subsection 2, is 4 amended by striking a provision that prohibits the dismissal 5 of a member of the professional staff for cause without 6 appropriate due process procedures, but adds that the person 7 must not be dismissed without an opportunity to meet with the 8 director of education. The bill also adds that appointments 9 to the professional staff must be made in accordance with Code 10 section 216.6, subsection 1, which prohibits discriminatory 11 employment practices. Code sections 19B.11 and 280.3 are 12 amended to conform them to Code section 216.6. 13 AMERICAN INDIAN EDUCATION EXPENSES. Code section 256.30 14 provides for the distribution and administration of moneys 15 in excess of federal moneys to pay the expense of educating 16 American Indian children residing in the Sac and Fox Indian 17 settlement. The bill eliminates language that requires the 18 tribal council to submit an annual report to the department of 19 education accounting for expenditure of the moneys and requires 20 the department of education to certify compliance before the 21 department of management can approve allotment of the moneys. 22 ACCREDITED NONPUBLIC SCHOOL PUPIL ENROLLMENT. Code section 23 257.6 is amended to specify that accredited nonpublic school 24 pupils receiving classes or services funded by federal grants 25 or allocations shall not be counted in a school district’s 26 enrollment as shared-time or part-time pupils. The bill makes 27 a conforming change to Code section 257.37, subsection 4. 28 SCHOOL BUDGET REVIEW COMMITTEE INTERNET SITE INFORMATION. 29 Code section 257.31, subsection 2, is amended to eliminate a 30 requirement that the school budget review committee specify on 31 its internet site annually the reasons for its recommendations, 32 and instead require that it specify a summary of decisions. 33 The reference to recommendations was tied to a requirement that 34 the committee report to the general assembly any recommended 35 -22- LSB 5391HV (3) 83 kh/sc 22/ 26
H.F. 2492 changes in laws relating to school districts, but that 1 requirement was stricken by legislation enacted in 2009. 2 ACTION AGAINST DEBTOR. Code section 257B.33 is amended and 3 Code section 331.756(54) is stricken to eliminate a provision 4 requiring the county attorney to commence legal proceedings to 5 recover school funds and instead allow the school district to 6 bring action to recover debt. 7 DISTRICT-TO-COMMUNITY COLLEGE SHARING OR CONCURRENT 8 ENROLLMENT PROGRAM —— TRANSPORTATION. Code section 261E.8, 9 which provides for the district-to-community college sharing 10 or concurrent enrollment program, is amended to strike a 11 requirement that the parent or legal guardian of a student who 12 has enrolled in and is attending a community college under 13 the program furnish transportation to and from the community 14 college for the student. 15 AEA BUDGET DEADLINES. Code sections 273.3 and 273.23 are 16 amended to extend the dates by which area education agency 17 proposed budgets must be reviewed, approved, or returned by the 18 state board and resubmitted to the state board if the first 19 submission is not approved. 20 BEGINNING ADMINISTRATOR MENTORING PROGRAM. Code sections 21 284A.2, subsection 2; 284A.5, subsections 3 and 5; 284A.6, 22 subsection 2; 284A.7 and 284A.8 are amended to broaden the 23 definition of beginning administrator to include those who 24 hold a professional administrator license, and to change 25 references to the standard administrator license to the 26 professional administrator license. If funds are insufficient, 27 the bill gives priority to fully fund principal mentors, then 28 superintendent mentors, then the remaining program costs. 29 SCHOOL AND AEA BOARD PAYMENTS AND WARRANTS. Code section 30 279.30 is amended to allow the board of directors of a 31 school district or of an AEA to direct deposit a payment at a 32 financial institution specified by the person entitled to the 33 money. Code section 291.1; Code section 291.6, subsections 34 3 and 4; and Code sections 291.7, 291.8, 291.12, and 291.14 35 -23- LSB 5391HV (3) 83 kh/sc 23/ 26
H.F. 2492 are amended to replace references to “books”, “registers”, 1 and “warrants” with references to payments, electronic funds 2 transfers, and accounting records and to make related changes. 3 SCHOOL FUNDS FOR GIFTS. Code sections 279.42 and 298A.13 are 4 amended to give school districts the option of establishing a 5 permanent fund for gifts received and to allow school districts 6 to deposit funds received from gifts, devises, and bequests 7 into a trust, permanent, or agency fund. 8 CODE CORRECTIONS. The bill makes corrections to Code 9 section 256.9 to change references to model end-of-course 10 assessments and to Code section 259A.1 to change references to 11 subjects covered by high school equivalency diploma tests. 12 ENROLLMENT OF PERSON LISTED ON SEX OFFENDER REGISTRY. 13 Code section 282.9, subsection 1, is amended to notwithstand 14 Code chapter 282, relating to school attendance and tuition, 15 rather than notwithstanding only Code section 282.18, the 16 Code section relating to open enrollment. The language of 17 Code section 282.9, subsection 1, provides that prior to 18 knowingly enrolling a student who is required to register as 19 a sex offender, the school district’s board of directors must 20 determine the educational placement of the individual and place 21 notice of that consideration on the board’s tentative meeting 22 agenda. If the board denies enrollment to the individual, the 23 school district of residence must provide the individual with 24 educational services in an alternative setting. 25 OPEN ENROLLMENT BY SIBLING. Code section 282.18, subsection 26 4, is amended to require that a receiving district approve 27 a transfer request submitted after March 1 of the preceding 28 school year if the sibling of the pupil for whom the request 29 is made is already participating in open enrollment to the 30 receiving district. The bill makes a conforming change to Code 31 section 282.18, subsection 5. 32 EVALUATOR TRAINING PROGRAM. Code section 284.10, subsection 33 2, is amended to give program enrollment preference to other 34 practitioners who are not beginning teachers. Currently, only 35 -24- LSB 5391HV (3) 83 kh/sc 24/ 26
H.F. 2492 school administrators are given preference. 1 AEA TRANSPORTATION DISPUTE RESOLUTION. The bill adds a new 2 provision to Code section 285.9 to assign the duty of reviewing 3 and resolving all transportation disputes between districts to 4 the AEA boards. 5 SCHOOL BUS —— DEFINITION. Code section 321.1, subsection 6 69, is amended to strike from an exemption to the definition 7 of “school bus”, language that includes a vehicle operated for 8 the transportation of children to or from school activities. 9 Currently, the definition is limited to transportation of 10 children to or from school. The bill makes a conforming 11 amendment to Code section 321.373 to provide that every 12 school bus, including those used to transport students to 13 school activities, must be constructed and equipped to meet 14 specified safety standards. However, the bill amends Code 15 section 321.376 to provide that certificate of qualification 16 and approved course of instruction requirements do not apply 17 to persons driving pupils to activities in nine-passenger 18 vehicles. 19 APPROVED COURSES FOR DRINKING DRIVERS. Code sections 321J.3 20 and 321J.17 are amended to expand the providers of drinking 21 driver courses supervised and approved by the department of 22 education to include “other approved providers”, which the 23 bill defines in Code section 321J.22, as providers of courses 24 offered out of state. The providers of out-of-state courses 25 must prove to the department’s satisfaction that the course is 26 comparable to those offered by community colleges and substance 27 abuse treatment programs. The bill establishes that other 28 approved providers may be requested to meet the same reporting 29 requirements as the community colleges and substance abuse 30 treatment programs. 31 DUTIES OF THE COUNTY ATTORNEY. The bill amends Code section 32 331.756, subsection 7, which specifies the duties of county 33 attorneys, to eliminate a requirement that county attorneys 34 give advice or a written opinion to school officers upon 35 -25- LSB 5391HV (3) 83 kh/sc 25/ 26
H.F. 2492 request. 1 CODE SECTIONS REPEALED. The bill repeals the following: 2 1. Code section 256.20, which permits school districts to 3 request approval from the state board of education for a pilot 4 project for a year-around three-semester school year. 5 2. Code section 256.23, which establishes a recruitment and 6 advancement program to provide for the allocation of grants 7 to school corporations for pilot projects that encourage 8 the advancement of women and minorities to administrative 9 positions. 10 STATE MANDATE. The bill may include a state mandate as 11 defined in Code section 25B.3. The bill requires that the 12 state cost of any state mandate included in the bill be 13 paid by a school district from state school foundation aid 14 received by the school district under Code section 257.16. The 15 specification is deemed to constitute state compliance with 16 any state mandate funding-related requirements of Code section 17 25B.2. The inclusion of this specification is intended to 18 reinstate the requirement of political subdivisions to comply 19 with any state mandates included in the bill. 20 -26- LSB 5391HV (3) 83 kh/sc 26/ 26