House Study Bill 26 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            EDUCATION BILL)


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

                                      A BILL FOR

  1 An Act relating to certain reporting requirements or actions
  2    required of the department of education, school districts,
  3    accredited nonpublic schools, and community colleges.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1232XD 83
  6 kh/nh/5

PAG LIN



  1  1    Section 1.  Section 256.7, subsection 21, paragraph c, Code
  1  2 2009, is amended to read as follows:
  1  3    c.  A requirement that all school districts and accredited
  1  4 nonpublic schools annually report to the department and the
  1  5 local community the district=wide progress made in attaining
  1  6 student achievement goals on the academic and other core
  1  7 indicators and the district=wide progress made in attaining
  1  8 locally established student learning goals.  The school
  1  9 districts and accredited nonpublic schools shall demonstrate
  1 10 the use of multiple assessment measures in determining student
  1 11 achievement levels.  The school districts and accredited
  1 12 nonpublic schools shall also report the number of students who
  1 13 graduate, utilizing the definition of graduation rate
  1 14 specified by the national governors association; the number of
  1 15 students who drop out of school; the number of students
  1 16 pursuing a high school equivalency diploma pursuant to chapter
  1 17 259A; the number of students who were enrolled in the district
  1 18 within the past five years and who received a high school
  1 19 equivalency diploma; the percentage of students who receive a
  1 20 high school diploma and who were not proficient in reading,
  1 21 mathematics, and science in grade eleven; the number of
  1 22 students in the prior year who were enrolled as high school
  1 23 juniors who are within four units of meeting the district's
  1 24 graduation requirements; the number of students who are tested
  1 25 and the percentage of students who are so tested annually; and
  1 26 the percentage of students who graduated during the prior
  1 27 school year and who completed a core curriculum.  The board
  1 28 shall develop and adopt uniform definitions consistent with
  1 29 the federal No Child Left Behind Act of 2001, Pub. L. No.
  1 30 107=110 and any federal regulations adopted pursuant to the
  1 31 federal Act.  The school districts and accredited nonpublic
  1 32 schools may report on other locally determined factors
  1 33 influencing student achievement.  The school districts and
  1 34 accredited nonpublic schools shall also report to the local
  1 35 community their results by individual attendance center.
  2  1    Sec. 2.  Section 256.9, subsections 24, 28, and 43, Code
  2  2 2009, are amended by striking the subsections.
  2  3    Sec. 3.  Section 256.18, subsection 3, Code 2009, is
  2  4 amended by striking the subsection.
  2  5    Sec. 4.  Section 256D.1, subsection 1, paragraph b,
  2  6 subparagraph (1), Code 2009, is amended to read as follows:
  2  7    (1)  A school district shall at a minimum biannually inform
  2  8 parents of their individual child's performance on the
  2  9 diagnostic assessments in kindergarten through grade three.
  2 10 If intervention is appropriate, the school district shall
  2 11 inform the parents of the actions the school district intends
  2 12 to take to improve the child's reading skills and provide the
  2 13 parents with strategies to enable the parents to improve their
  2 14 child's skills.  If the diagnostic assessments administered in
  2 15 accordance with this subsection indicate that a child is
  2 16 reading below grade level, the school district shall submit a
  2 17 report of the assessment results to the parent, which the
  2 18 parent shall sign and return to the school district.  If the
  2 19 parent does not sign or return the report, the school district
  2 20 shall note in the student's record the inaction on the part of
  2 21 the parent.  The board of directors of each school district
  2 22 shall adopt a policy indicating the methods the school
  2 23 district will use to inform parents of their individual
  2 24 child's performance.
  2 25    Sec. 5.  Section 257.30, unnumbered paragraph 1, Code 2009,
  2 26 is amended to read as follows:
  2 27    A school budget review committee is established in the
  2 28 department of education and consists of the director of the
  2 29 department of education, the director of the department of
  2 30 management, and three members who are knowledgeable in the
  2 31 areas of Iowa school finance or public finance issues
  2 32 appointed by the governor to represent the public.  At least
  2 33 one of the public members shall possess a master's or doctoral
  2 34 degree in which areas of school finance, economics, or
  2 35 statistics are an integral component, or shall have equivalent
  3  1 experience in an executive administrative or senior research
  3  2 position in the education or public administration field.  The
  3  3 members appointed by the governor shall serve staggered
  3  4 three=year terms beginning and ending as provided in section
  3  5 69.19 and are subject to senate confirmation as provided in
  3  6 section 2.32.  The committee shall meet and hold hearings each
  3  7 year and shall continue in session until it has reviewed
  3  8 budgets of school districts, as provided in section 257.31.
  3  9 It The committee may call in school board members and
  3 10 employees as necessary for the hearings.  Legislators shall be
  3 11 notified of hearings concerning school districts in their
  3 12 constituencies An agenda of the committee's scheduled hearings
  3 13 and the minutes of such hearings shall be posted on the
  3 14 department of education's internet website.
  3 15    Sec. 6.  Section 257.31, subsections 2 and 9, Code 2009,
  3 16 are amended to read as follows:
  3 17    2.  The committee shall report to each session of the
  3 18 general assembly, which report shall include any recommended
  3 19 changes in laws relating to school districts, and shall
  3 20 specify the number of hearings held annually, the reasons for
  3 21 the committee's recommendations, information about the amounts
  3 22 of property tax levied by school districts for a cash reserve,
  3 23 and other information the committee deems advisable on the
  3 24 department of education's internet website.
  3 25    9.  When the committee makes a decision under subsections 3
  3 26 through 8, it shall make all necessary changes in the district
  3 27 cost, budget, and tax levy.  It shall give written notice of
  3 28 its decision, including all such changes, to the school board
  3 29 through the department of education.
  3 30    Sec. 7.  Section 260C.14, subsection 21, Code 2009, is
  3 31 amended by striking the subsection.
  3 32    Sec. 8.  Section 279.56, unnumbered paragraph 1, Code 2009,
  3 33 is amended to read as follows:
  3 34    If funds are appropriated by the general assembly, the
  3 35 board of directors of a school district may obtain permission
  4  1 to participate in the teacher exchange program by making
  4  2 application in writing to the department of education, on
  4  3 forms provided by the department, by November 1 of the school
  4  4 year preceding the year that the district wishes to
  4  5 participate.  Each district participating in the program shall
  4  6 prescribe standards and procedures explaining the district's
  4  7 expectations and requirements for each participating teacher.
  4  8 The district's standards and procedures shall also prescribe
  4  9 the method and form by which teachers within the district may
  4 10 apply to the board for permission to participate in the
  4 11 program.  Each participating district shall continue to
  4 12 compensate the program participant at the same rate that the
  4 13 participant would be compensated if the participant had
  4 14 continued the participant's instructional or other duties
  4 15 within the home district.  Each participating district shall
  4 16 report to the department the number and performance of
  4 17 exchange teachers from other districts that are included in
  4 18 the district's instructional staff during the relevant periods
  4 19 during the school year.  The department shall summarize the
  4 20 information and include it in the report submitted under
  4 21 section 256.9, subsection 28.
  4 22    Sec. 9.  Section 279.63, subsection 2, paragraph e, Code
  4 23 2009, is amended by striking the paragraph.
  4 24    Sec. 10.  Section 279.63, subsection 3, Code 2009, is
  4 25 amended to read as follows:
  4 26    3.  Copies of a school district's financial report for the
  4 27 previous school year shall be posted on an internet website
  4 28 maintained by the school district at the beginning by January
  4 29 1 of the each school year.  If the school district does not
  4 30 maintain or develop a an internet website, the school district
  4 31 shall either distribute or post written copies of the
  4 32 financial report at specified locations throughout the school
  4 33 district.
  4 34    Sec. 11.  Section 282.24, subsection 1, unnumbered
  4 35 paragraphs 2 and 3, Code 2009, are amended to read as follows:
  5  1    A school corporation which owns facilities used as
  5  2 attendance centers for students shall maintain an itemized
  5  3 statement of the appraised value of all buildings owned by the
  5  4 school corporation.  Beginning July 1, 1976, the The appraisal
  5  5 shall be updated at least one time once every five years.
  5  6    The director of the department of education shall, after
  5  7 July 1 but before September 1 of each year, notify every
  5  8 school in the state, affected by this section, what the
  5  9 computed maximum tuition rate shall be for the ensuing year.
  5 10    Sec. 12.  Section 298.6, Code 2009, is amended to read as
  5 11 follows:
  5 12    298.6  PUBLIC DISCLOSURE OF OUTSTANDING LEVIES.
  5 13    The board of directors of a school district shall, prior to
  5 14 certifying any levy by board approval, or submitting a levy
  5 15 for voter approval, facilitate public access to a complete
  5 16 listing of all outstanding levies within the school district
  5 17 by rate, amount, duration, and the applicable maximum levy
  5 18 limitations.  The information relating to outstanding levies
  5 19 shall be posted on an internet website maintained by the
  5 20 school district at the beginning by January 1 of the each
  5 21 school year, and updated prior to board approval or submission
  5 22 for voter approval of any levy during the school year.  If the
  5 23 school district does not maintain or develop a an internet
  5 24 website, the school district shall either distribute or post
  5 25 written copies of the listing at specified locations
  5 26 throughout the school district.
  5 27    Sec. 13.  Section 299.16, Code 2009, is amended to read as
  5 28 follows:
  5 29    299.16  FAILURE TO ATTEND == REPORT.
  5 30    School officers shall ascertain the number of children who
  5 31 are of compulsory attendance age, in their respective
  5 32 districts, the number of those children who are truant under
  5 33 section 299.8 or who have accumulated fifteen unexcused
  5 34 absences during a three=year period, and so far as possible
  5 35 the cause of the failure to attend.  School officers shall,
  6  1 until July 1, 1999, biennially report this information to the
  6  2 department of education on forms provided by the department.
  6  3 The department shall attach a summary of the reports, an
  6  4 analysis of the data, and policy recommendations based on the
  6  5 data analysis, along with the department's annual report under
  6  6 section 256.9, subsection 28.
  6  7    Sec. 14.  Section 301.28, Code 2009, is amended to read as
  6  8 follows:
  6  9    301.28  OFFICERS AND TEACHERS AS AGENTS FOR BOOKS AND
  6 10 SUPPLIES == PENALTY.
  6 11    It shall be unlawful for any A school director, officer,
  6 12 area education director, or teacher to shall not act as an
  6 13 agent or dealer for any school textbooks or school supplies in
  6 14 any transaction with a director, officer, or other staff
  6 15 member of the school district or a director, officer, or other
  6 16 staff member of the area education agency in which the school
  6 17 district is located, during such term of office or employment,
  6 18 and any.  A school director, officer, area education director,
  6 19 or teacher, who shall act acts as an agent or dealer in school
  6 20 textbooks or school supplies, during the term of such office
  6 21 or employment, shall be deemed in violation of this section is
  6 22 guilty of a serious misdemeanor.
  6 23    Sec. 15.  Section 669.14, subsection 14, Code 2009, is
  6 24 amended by striking the subsection.
  6 25    Sec. 16.  Sections 258.13 and 279.14A, Code 2009, are
  6 26 repealed.
  6 27                           EXPLANATION
  6 28    This bill reduces or eliminates certain paperwork and
  6 29 reporting requirements for the department of education, school
  6 30 districts, and accredited nonpublic schools.
  6 31    The bill makes changes to Code provisions as follows:
  6 32    REPORTING STUDENT ACHIEVEMENT.  The bill amends Code
  6 33 section 256.7, subsection 21, paragraph c, to eliminate
  6 34 requirements that school districts and accredited nonpublic
  6 35 schools report graduation rates based on the definition
  7  1 specified by the national governors association; and the
  7  2 number of students pursuing and receiving a high school
  7  3 equivalency diploma, the percentage of students receiving a
  7  4 high school diploma who were not proficient in core areas by
  7  5 grade 11, and the number of high school juniors who, in the
  7  6 prior year, were within four units of meeting graduation
  7  7 requirements.
  7  8    DUTIES OF THE DIRECTOR.  The bill strikes Code section
  7  9 256.9, subsection 24, which requires the director of the
  7 10 department of education to report biennially to the governor
  7 11 the condition of public schools and school districts.  The
  7 12 director was also required to include in the report a review
  7 13 of the department's programs and services.
  7 14    The bill strikes Code section 256.9, subsection 28, which
  7 15 requires the director to prepare and submit to the general
  7 16 assembly a report containing the recommendations of the state
  7 17 board as to revisions, amendments, and new provisions of
  7 18 school laws.  The bill includes a conforming amendment to Code
  7 19 section 279.56, subsection 1, to strike language requiring the
  7 20 department to summarize teacher exchange program information
  7 21 and include it in the report to the general assembly; and
  7 22 another conforming amendment to Code section 299.16, in order
  7 23 to strike a requirement that the department annually submit a
  7 24 compulsory attendance age report to the general assembly.
  7 25    The bill strikes Code section 256.9, subsection 43, which
  7 26 requires the director to prepare a plan and a report for
  7 27 ensuring that all Iowa children will be able to satisfy the
  7 28 requirements for high school graduation.
  7 29    CHARACTER EDUCATION INITIATIVE.  The bill strikes Code
  7 30 section 256.18, subsection 3, which requires the department to
  7 31 report to the state board and the general assembly regarding
  7 32 the success of any character education initiative.
  7 33    IOWA EARLY INTERVENTION BLOCK GRANT PROGRAM.  The bill
  7 34 strikes a provision in Code section 256D.1, subsection 1,
  7 35 paragraph b, subparagraph (1), which requires, if a child's
  8  1 performance on diagnostic assessments in kindergarten through
  8  2 grade three indicate the child is reading below grade level, a
  8  3 school district to submit a report to the child's parent or
  8  4 guardian and requires the parent or guardian to sign and
  8  5 return the report.
  8  6    SCHOOL BUDGET REVIEW COMMITTEE.  The bill amends Code
  8  7 section 257.30, unnumbered paragraph 1, to strike language
  8  8 requiring the school budget review committee to notify
  8  9 legislators of hearings concerning school districts in their
  8 10 constituencies, and adds a requirement that the department
  8 11 post on its internet website an agenda of the committee's
  8 12 scheduled hearings and minutes.
  8 13    The bill also amends Code section 257.31, subsections 2 and
  8 14 9, to strike a requirement that the committee report to each
  8 15 session of the general assembly, and provide written notice of
  8 16 certain decisions to the affected school district's school
  8 17 board; and to add a requirement that the committee provide
  8 18 certain information on the department's internet website.
  8 19    COMMUNITY COLLEGE GED STUDENT INFORMATION REQUESTS.  The
  8 20 bill strikes Code section 260C.14, subsection 21, which
  8 21 requires that the board of directors of a community college
  8 22 request students pursuing or receiving a high school
  8 23 equivalency diploma to identify their school districts of
  8 24 residence and the last year in which they were enrolled in
  8 25 their school district.  The stricken provision requires the
  8 26 community college to annually report the information to the
  8 27 school districts.
  8 28    ANNUAL SCHOOL DISTRICT FINANCIAL REPORT.  The bill strikes
  8 29 Code section 279.63, subsection 2, paragraph e, which requires
  8 30 the board of directors of each school district to include
  8 31 teacher and administrator health insurance and other
  8 32 alternative health benefit information in its annual financial
  8 33 report.
  8 34    The bill amends Code section 279.63, subsection 3, to
  8 35 require that copies of the previous school year's financial
  9  1 report be posted on the school district's internet website by
  9  2 January 1 rather than the beginning of the school year.
  9  3    NOTIFICATION OF THE MAXIMUM SCHOOL DISTRICT TUITION FEE.
  9  4 The bill amends Code section 282.24, subsection 1, unnumbered
  9  5 paragraphs 2 and 3, to eliminate a requirement that the
  9  6 director of the department notify every school district what
  9  7 the computed maximum tuition rate will be for the ensuing
  9  8 year, and to make a nonsubstantive change in the language.
  9  9    PUBLIC DISCLOSURE OF OUTSTANDING LEVIES.  The bill amends
  9 10 Code section 298.6, to change the date by which outstanding
  9 11 levies must be posted on a school district's internet website
  9 12 from the beginning of the school year to January 1 of each
  9 13 school year.
  9 14    OFFICERS AND TEACHERS AS AGENTS FOR BOOKS AND SUPPLIES ==
  9 15 PENALTY.  The bill amends Code section 301.28, which makes it
  9 16 unlawful for any school director, officer, area education
  9 17 director, or teacher to act as agent for any textbooks or
  9 18 school supplies during their term of office or employment.
  9 19 The bill prohibits a school director, officer, area education
  9 20 director, or teacher from acting as an agent or dealer for any
  9 21 school textbooks or school supplies in any transaction with
  9 22 any other director, officer, or other staff member of the
  9 23 school district or area education agency in which the school
  9 24 district is located.  As in the current Code language, a
  9 25 person who violates the Code section is guilty of a serious
  9 26 misdemeanor.
  9 27    REPEALS.  The bill repeals Code section 258.13, which
  9 28 requires the director of the department of education to make a
  9 29 full report of all receipts and expenditures under the
  9 30 vocational education chapter, together with such observations
  9 31 relative to vocational education as may be deemed of value.
  9 32    The bill also repeals Code section 279.14A, which requires
  9 33 the director to establish and implement a voluntary
  9 34 practitioner performance improvement program to provide
  9 35 technical assistance to teachers and administrators from each
 10  1 school district and area education agency.  The bill includes
 10  2 a conforming amendment to strike Code section 669.14,
 10  3 subsection 14.
 10  4 LSB 1232XD 83
 10  5 kh/nh/5