Senate Study Bill 3136 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF EDUCATION BILL) 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 5391DP (11) 83 kh/sc

S.F. _____ H.F. _____ 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 5391DP (11) 83 kh/sc 1/ 23

S.F. _____ H.F. _____ 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 5391DP (11) 83 kh/sc 2/ 23

S.F. _____ H.F. _____ 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 5391DP (11) 83 kh/sc 3/ 23

S.F. _____ H.F. _____ 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 256.11, subsection 9B, Code Supplement 15 2009, is amended to read as follows: 16 9B. Beginning July 1, 2007, each Each school district shall 17 have a school nurse to provide health services to its students. 18 Each school district shall work toward the goal of having one 19 school nurse for every seven hundred fifty students enrolled in 20 the school district. For purposes of this subsection , “school 21 nurse” means a person who holds an endorsement or a statement 22 of professional recognition for school nurses issued by the 23 board of educational examiners under chapter 272 . The scope 24 of practice of a school nurse shall be as established by rule 25 by the board of nursing. 26 Sec. 8. Section 256.30, Code 2009, is amended to read as 27 follows: 28 256.30 Educational expenses for American Indians. 29 1. The department of education shall provide moneys to pay 30 the expense of educating American Indian children residing in 31 the Sac and Fox Indian settlement on land held in trust by 32 the secretary of the interior of the United States in excess 33 of federal moneys paid to the tribal council for educating 34 the American Indian children when moneys are appropriated for 35 -4- LSB 5391DP (11) 83 kh/sc 4/ 23

S.F. _____ H.F. _____ that purpose. The tribal council shall administer the moneys 1 distributed to it by the department and shall submit an annual 2 report and other reports as required by the department to the 3 department on the expenditure of the moneys. 4 2. The tribal council shall administer moneys distributed 5 to it by the department of education as provided in subsection 6 1. The tribal council shall first use the moneys distributed 7 to it by the department of education for the purposes of this 8 section to pay the additional costs of salaries for licensed 9 instructional staff for educational attainment and full-time 10 equivalent years of experience to equal the salaries listed on 11 the proposed salary schedule for the school at the Sac and Fox 12 Indian settlement for that school year, but the salary for a 13 licensed instructional staff member employed on a full-time 14 basis shall not be less than eighteen thousand dollars. 15 3. The department of management shall approve allotments 16 of moneys appropriated in for purposes of this section when 17 the department of education certifies to the department of 18 management that the requirements of this section have been met. 19 Sec. 9. Section 256F.4, subsection 2, paragraph a, Code 20 2009, is amended to read as follows: 21 a. Meet all applicable federal, state, and local health and 22 safety requirements and laws prohibiting discrimination on the 23 basis of race, creed, color, sex, sexual orientation, gender 24 identity, national origin, religion, ancestry, or disability. 25 A charter school shall be subject to any court-ordered 26 desegregation plan in effect for the school district at the 27 time the school’s charter application is approved. 28 Sec. 10. Section 257.6, subsection 1, paragraph a, 29 subparagraph (3), Code Supplement 2009, is amended to read as 30 follows: 31 (3) Shared-time and part-time pupils of school age enrolled 32 in public schools within the district, irrespective of the 33 districts in which the pupils reside, in the proportion that 34 the time for which they are enrolled or receive instruction for 35 -5- LSB 5391DP (11) 83 kh/sc 5/ 23

S.F. _____ H.F. _____ the school year is to the time that full-time pupils carrying 1 a normal course schedule, at the same grade level, in the 2 same school district, for the same school year, are enrolled 3 and receive instruction. Tuition charges to the parent or 4 guardian of a shared-time or part-time nonresident pupil shall 5 be reduced by the amount of any increased state aid received by 6 the district by the counting of the pupil. This subparagraph 7 applies to pupils enrolled in grades nine through twelve under 8 section 299A.8 and to pupils from accredited nonpublic schools 9 accessing classes or services on the accredited nonpublic 10 school premises or the school district site, but excludes 11 accredited nonpublic school pupils receiving classes or 12 services funded by federal grants or allocations. 13 Sec. 11. Section 257.31, subsection 2, Code Supplement 14 2009, is amended to read as follows: 15 2. The committee shall specify the number of 16 hearings held annually, the reasons for the committee’s 17 recommendations, information about the amounts of property 18 tax levied by school districts for a cash reserve, and other 19 information the committee deems advisable on the department of 20 education’s internet website site . 21 Sec. 12. Section 257.37, subsection 4, Code 2009, is amended 22 to read as follows: 23 4. “Enrollment served” means the basic enrollment plus the 24 number of nonpublic school pupils served with media services 25 or educational services, as applicable, except that if a 26 nonpublic school pupil or a pupil attending another district 27 under a whole grade sharing agreement or open enrollment 28 receives services through an area other than the area of the 29 pupil’s residence, the pupil shall be deemed to be served by 30 the area of the pupil’s residence, which shall by contractual 31 arrangement reimburse the area through which the pupil actually 32 receives services. Each school district shall include in 33 the enrollment report submitted pursuant to section 257.6, 34 subsection 1, the number of nonpublic school pupils within each 35 -6- LSB 5391DP (11) 83 kh/sc 6/ 23

S.F. _____ H.F. _____ school district for media and educational services served by 1 the area. However, the school district shall not include in 2 the enrollment report nonpublic school pupils receiving classes 3 or services funded by federal grants or allocations. 4 Sec. 13. Section 259A.1, Code 2009, is amended to read as 5 follows: 6 259A.1 Tests. 7 The department of education shall cause to be made 8 available for qualified individuals a high school equivalency 9 diploma. The diploma shall be issued on the basis of 10 satisfactory competence as shown by tests covering all of the 11 following: reading, arts, language arts, writing language 12 arts-reading, language arts-writing , mathematics, science, and 13 social studies. 14 Sec. 14. Section 261E.8, subsection 5, Code Supplement 15 2009, is amended by striking the subsection. 16 Sec. 15. Section 272.15, subsection 2, Code 2009, is amended 17 to read as follows: 18 2. If, in the course of performing official duties, an 19 employee of the department becomes aware of any alleged 20 misconduct by an individual licensed under this chapter, the 21 employee shall may report the alleged misconduct to the board 22 of educational examiners under rules adopted pursuant to 23 subsection 1. 24 Sec. 16. Section 273.3, subsection 12, Code Supplement 25 2009, is amended to read as follows: 26 12. Prepare an annual budget estimating income and 27 expenditures for programs and services as provided in sections 28 273.1 to 273.9 and chapter 256B within the limits of funds 29 provided under section 256B.9 and chapter 257. The board 30 shall give notice of a public hearing on the proposed budget 31 by publication in an official county newspaper in each county 32 in the territory of the area education agency in which the 33 principal place of business of a school district that is a part 34 of the area education agency is located. The notice shall 35 -7- LSB 5391DP (11) 83 kh/sc 7/ 23

S.F. _____ H.F. _____ specify the date, which shall be not later than March 1 of 1 each year, the time, and the location of the public hearing. 2 The proposed budget as approved by the board shall then be 3 submitted to the state board of education, on forms provided 4 by the department, no later than March 15 preceding the 5 next fiscal year for approval. The state board shall review 6 the proposed budget of each area education agency and shall 7 before April May 1, either grant approval or return the budget 8 without approval with comments of the state board included. An 9 unapproved budget shall be resubmitted to the state board for 10 final approval not later than April May 15. For the fiscal 11 year beginning July 1, 1999, and each succeeding fiscal year, 12 the The state board shall give final approval only to budgets 13 submitted by area education agencies accredited by the state 14 board or that have been given conditional accreditation by the 15 state board. 16 Sec. 17. Section 273.23, subsection 5, Code 2009, is amended 17 to read as follows: 18 5. The initial board, or new board if established in time 19 under subsection 3, of the newly formed agency shall prepare an 20 annual budget estimating income and expenditures for programs 21 and services as provided in sections 273.1 through 273.9 22 and chapter 256B within the limits of funds provided under 23 section 256B.9 and chapter 257. The board shall give notice 24 of a public hearing on the proposed budget by publication in 25 an official county newspaper in each county in the territory 26 of the area education agency in which the principal place 27 of business of a school district that is a part of the area 28 education agency is located. The notice shall specify the 29 date, which shall not be later than March 1, the time, and 30 the location of the public hearing. The proposed budget as 31 approved by the board shall be submitted to the state board, 32 on forms provided by the department, no later than March 15 33 for approval. The state board shall review the proposed 34 budget of the newly formed area education agency and shall, 35 -8- LSB 5391DP (11) 83 kh/sc 8/ 23

S.F. _____ H.F. _____ before April May 1, either grant approval or return the budget 1 without approval with comments of the state board included. An 2 unapproved budget shall be resubmitted to the state board for 3 final approval not later than April May 15. The state board 4 shall give final approval only to budgets submitted by area 5 education agencies accredited by the state board or that have 6 been given conditional accreditation by the state board. 7 Sec. 18. Section 279.30, Code 2009, is amended to read as 8 follows: 9 279.30 Exceptions. 10 Each payment must be made payable to the person entitled to 11 receive the money or deposited directly into an account at a 12 financial institution, as defined in section 527.2, specified 13 by the person entitled to receive the money . The board of 14 directors of a school district or an area education agency may 15 by resolution authorize the secretary, upon approval of the 16 superintendent or designee, or administrator, in the case of 17 an area education agency, to issue payments when the board 18 of directors is not in session in payment of reasonable and 19 necessary expenses, but only upon verified bills filed with the 20 secretary or administrator, and for the payment of salaries 21 pursuant to the terms of a written contract. Each payment 22 must be made payable only to the person performing the service 23 or presenting the verified bill, and must state the purpose 24 for which the payment is issued. All bills and salaries for 25 which payments are issued prior to audit and allowance by the 26 board must be passed upon by the board of directors at the next 27 meeting and be entered in the regular minutes of the secretary. 28 Sec. 19. Section 279.42, Code 2009, is amended to read as 29 follows: 30 279.42 Gifts to schools. 31 The board of directors of a school district which that 32 receives funds through gifts, devises, and bequests a gift, 33 devise, or bequest shall deposit these the funds in a trust 34 and , permanent, or agency fund and shall use them the funds in 35 -9- LSB 5391DP (11) 83 kh/sc 9/ 23

S.F. _____ H.F. _____ accordance with the terms of the gift, devise, or bequest. 1 Sec. 20. Section 280.3, subsection 2, Code 2009, is amended 2 to read as follows: 3 2. The minimum educational program shall be the curriculum 4 set forth in subsection 3 of this section and section 256.11, 5 except as otherwise provided by law. The board of directors of 6 a public school district shall not allow discrimination in any 7 educational program on the basis of race, color, creed, sex, 8 marital status, sexual orientation, gender identity, or place 9 of national origin. 10 Sec. 21. Section 282.9, subsection 1, Code Supplement 2009, 11 is amended to read as follows: 12 1. Notwithstanding this chapter and sections 275.55A , and 13 256F.4, and 282.18 , or any other provision to the contrary, 14 prior to knowingly enrolling an individual who is required 15 to register as a sex offender under chapter 692A, but who is 16 otherwise eligible to enroll in a public school, the board of 17 directors of a school district shall determine the educational 18 placement of the individual. Upon receipt of notice that a 19 student who is enrolled in the district is required to register 20 as a sex offender under chapter 692A, the board shall determine 21 the educational placement of the student. The tentative agenda 22 for the meeting of the board of directors at which the board 23 will consider such enrollment or educational placement shall 24 specifically state that the board is considering the enrollment 25 or educational placement of an individual who is required 26 to register as a sex offender under chapter 692A. If the 27 individual is denied enrollment in a school district under this 28 section, the school district of residence shall provide the 29 individual with educational services in an alternative setting. 30 Sec. 22. Section 282.18, subsection 4, Code Supplement 31 2009, is amended by adding the following new paragraph: 32 NEW PARAGRAPH . bb. If a request for transfer is submitted 33 to the receiving district after March 1 of the preceding 34 school year on behalf of a pupil whose sibling is already 35 -10- LSB 5391DP (11) 83 kh/sc 10/ 23

S.F. _____ H.F. _____ participating in open enrollment, the receiving district shall 1 take action to approve the request. 2 Sec. 23. Section 282.18, subsection 5, Code Supplement 3 2009, is amended to read as follows: 4 5. Open enrollment applications filed after March 1 5 of the preceding school year that do not qualify for good 6 cause approval as provided in subsection 4 shall be subject 7 to the approval of the board of the resident district and 8 the board of the receiving district. The parent or guardian 9 shall send notification to the district of residence and the 10 receiving district that the parent or guardian seeks to enroll 11 the parent’s or guardian’s child in the receiving district. A 12 decision of either board to deny an application filed under 13 this subsection involving repeated acts of harassment of the 14 student or serious health condition of the student that the 15 resident district cannot adequately address is subject to 16 appeal under section 290.1. The state board shall exercise 17 broad discretion to achieve just and equitable results that are 18 in the best interest of the affected child or children. 19 Sec. 24. Section 284.10, subsection 2, Code 2009, is amended 20 to read as follows: 21 2. An administrator licensed under chapter 272 who conducts 22 evaluations of teachers for purposes of this chapter shall 23 complete the evaluator training program. A practitioner 24 licensed under chapter 272 who is not an administrator 25 may enroll in the evaluator training program. Enrollment 26 preference shall be given to administrators and to other 27 practitioners who are not beginning teachers . Upon successful 28 completion, the provider shall certify that the administrator 29 or other practitioner is qualified to conduct evaluations 30 for employment, make recommendations for licensure, and make 31 recommendations that a teacher is qualified to advance from one 32 career path level to the next career path level pursuant to 33 this chapter. Certification is for a period of five years and 34 may be renewed. 35 -11- LSB 5391DP (11) 83 kh/sc 11/ 23

S.F. _____ H.F. _____ Sec. 25. Section 285.9, Code 2009, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 5. Review all transportation disputes 3 between districts. If the affected districts are located in 4 more than one area education agency, the area education agency 5 in which the affected district with the greatest certified 6 enrollment is located shall be the reviewing agency. In 7 resolving disputes between districts, the reviewing agency 8 board shall, after receiving all facts, make such alterations 9 or changes as necessary to make the arrangements, designations, 10 and contracts conform to the legal and established requirements 11 and shall notify each affected local school board of such 12 action. An affected district may appeal the decision of the 13 agency board to the director of the department of education by 14 following the timelines and procedures in section 285.12. 15 Sec. 26. Section 291.1, Code 2009, is amended to read as 16 follows: 17 291.1 President —— duties. 18 The president of the board of directors shall preside at 19 all of its meetings, sign all contracts made by the board, 20 and appear in on behalf of the corporation in all actions 21 brought by or against it, unless individually a party, in 22 which case this duty shall be performed by the secretary. 23 The president or the president’s designee shall sign, using 24 an original or facsimile signature, all school district 25 warrants payments drawn and authorize electronic funds 26 transfers as provided by law. The board of directors, by 27 resolution, may designate an individual, who shall not be the 28 secretary, to sign warrants payments or authorize electronic 29 funds transfers on behalf of the president. 30 Sec. 27. Section 291.6, subsection 3, Code 2009, is amended 31 by striking the subsection and inserting in lieu thereof the 32 following: 33 3. Accounting records. Keep an accurate accounting record 34 of each payment or electronic funds transfer from each fund 35 -12- LSB 5391DP (11) 83 kh/sc 12/ 23

S.F. _____ H.F. _____ which shall be provided monthly to the board of directors. The 1 secretary of the creditor district shall prepare and deliver to 2 debtor districts an itemized statement of tuition fees charged 3 in accordance with sections 275.55A and 282.11, and section 4 282.24, subsection 1. 5 Sec. 28. Section 291.6, subsection 4, Code 2009, is amended 6 to read as follows: 7 4. Claims. Keep an accurate account accounting of all 8 expenses incurred by the corporation, and present the same to 9 the board for audit and payment. 10 Sec. 29. Section 291.7, Code 2009, is amended to read as 11 follows: 12 291.7 Monthly receipts, disbursements, and balances. 13 The secretary of each district shall file monthly with 14 the board of directors a complete statement of all receipts 15 and disbursements from the various funds each individual 16 fund during the preceding month, and also the balance remaining 17 on hand in the various funds each individual fund at the 18 close of the period covered by the statement, which monthly 19 statements shall be open to public inspection. 20 Sec. 30. Section 291.8, Code 2009, is amended by striking 21 the section and inserting in lieu thereof the following: 22 291.8 Payments. 23 The secretary shall make each authorized payment, 24 countersign using an original or facsimile signature, and 25 maintain accounting records of the payments or electronic funds 26 transfers, showing the number, date, payee, originating fund, 27 the purpose, and the amount, and shall provide to the board at 28 each regular annual meeting a copy of the accounting records 29 maintained by the secretary. 30 Sec. 31. Section 291.12, Code 2009, is amended to read as 31 follows: 32 291.12 Duties of treasurer —— payment of warrants payments . 33 The treasurer shall receive all moneys belonging to the 34 corporation, pay the same out only upon the order of the 35 -13- LSB 5391DP (11) 83 kh/sc 13/ 23

S.F. _____ H.F. _____ president countersigned by the secretary, keeping and shall 1 keep an accurate account accounting record of all receipts 2 and expenditures in a book provided for that purpose . The 3 treasurer shall register all orders drawn payments and 4 electronic funds transfers made and reported to the treasurer 5 by the secretary, showing the number, date, to whom drawn, the 6 fund upon from which drawn each payment and transfer was made , 7 the purpose and amount. 8 Sec. 32. Section 291.14, Code 2009, is amended to read as 9 follows: 10 291.14 Financial statement. 11 The treasurer shall render a statement of the finances of the 12 corporation whenever required by the board, and the treasurer’s 13 books accounting records shall always be open for inspection. 14 Sec. 33. Section 298A.13, Code 2009, is amended to read as 15 follows: 16 298A.13 Trust , permanent, or agency funds. 17 Trust , permanent, or agency funds shall be established by 18 any school corporation to account for gifts it receives to 19 be used for a particular purpose or to account for money and 20 property received and administered by the district as trustee 21 or custodian or in the capacity of an agent. Boards may 22 establish trust and , permanent, or agency funds as necessary. 23 Sec. 34. Section 299A.11, Code 2009, is amended to read as 24 follows: 25 299A.11 Student records confidential. 26 Notwithstanding any provision of law or rule to the 27 contrary, personal information in records regarding a child 28 receiving competent private instruction pursuant to this 29 chapter, which are maintained, created, collected, or assembled 30 by or for a state agency, shall be kept confidential in 31 the same manner as personal information in student records 32 maintained, created, collected, or assembled by or for a school 33 corporation or educational institution in accordance with 34 section 22.7, subsection 1. For purposes of this section, 35 -14- LSB 5391DP (11) 83 kh/sc 14/ 23

S.F. _____ H.F. _____ “personal information in records regarding a child receiving 1 competent private instruction” shall include the child’s 2 name and home address as well as all other information that 3 personally identifies the child. 4 Sec. 35. Section 321.1, subsection 69, unnumbered paragraph 5 1, Code Supplement 2009, is amended to read as follows: 6 “School bus” means every vehicle operated for the 7 transportation of children to or from school or school 8 activities , except vehicles which are: 9 Sec. 36. Section 321.1, subsection 69, paragraph d, Code 10 Supplement 2009, is amended to read as follows: 11 d. Designed to carry not more than nine persons as 12 passengers, either school owned or privately owned, which 13 are used to transport pupils to activity events in which the 14 pupils are participants or used to transport pupils to their 15 homes in case of illness or other emergency situations. The 16 vehicles operated under the provisions of this paragraph 17 shall be operated by employees of the school district who are 18 specifically approved by the local superintendent of schools 19 for the assignment. 20 Sec. 37. Section 321.373, subsection 1, Code 2009, is 21 amended to read as follows: 22 1. Every school bus except private passenger vehicles 23 used as school buses as defined in section 321.1, subsection 24 69, shall be constructed and equipped to meet safety standards 25 prescribed in rules adopted by the state board of education. 26 Such rules shall conform to safety standards set forth in 27 federal laws and regulations and shall conform, insofar 28 as practicable, to the minimum standards for school buses 29 recommended by the national conference on school transportation 30 administered by the national commission on safety education and 31 published by the national education association. 32 Sec. 38. Section 321.376, Code Supplement 2009, is amended 33 by adding the following new subsection: 34 NEW SUBSECTION . 3. The provisions of this section relating 35 -15- LSB 5391DP (11) 83 kh/sc 15/ 23

S.F. _____ H.F. _____ to a certificate of qualification and approved course of 1 instruction shall not apply to a person driving a vehicle 2 designed to carry not more than nine persons as passengers, 3 either school owned or privately owned, used to transport 4 pupils to school activities or events. 5 Sec. 39. Section 321.379, Code 2009, is amended to read as 6 follows: 7 321.379 Violations. 8 No school board, individual, or organization shall purchase, 9 construct, or contract for use, to transport pupils to or 10 from school or school activities , any school bus which does 11 not comply with the minimum requirements of section 321.373 12 and any individual, or any member or officer of such board or 13 organization who authorizes, the purchase, construction, or 14 contract for any such bus not complying with these minimum 15 requirements shall be guilty of a misdemeanor punishable as 16 provided in section 321.482. 17 Sec. 40. Section 321J.3, subsection 1, paragraph c, Code 18 2009, is amended to read as follows: 19 c. The court may prescribe the length of time for the 20 evaluation and treatment or it may request that the community 21 college or other approved provider conducting the course 22 for drinking drivers which the person is ordered to attend 23 or the treatment program to which the person is committed 24 immediately report to the court when the person has received 25 maximum benefit from the course for drinking drivers or 26 treatment program or has recovered from the person’s addiction, 27 dependency, or tendency to chronically abuse alcohol or drugs. 28 Sec. 41. Section 321J.17, subsection 2, paragraph b, Code 29 2009, is amended to read as follows: 30 b. The court or department may request that the community 31 college or substance abuse treatment providers licensed under 32 chapter 125 or other approved provider conducting the course 33 for drinking drivers that the person is ordered to attend 34 immediately report to the court or department that the person 35 -16- LSB 5391DP (11) 83 kh/sc 16/ 23

S.F. _____ H.F. _____ has successfully completed the course for drinking drivers. 1 The court or department may request that the treatment program 2 which the person attends periodically report on the defendant’s 3 attendance and participation in the program, as well as the 4 status of treatment or rehabilitation. 5 Sec. 42. Section 321J.22, subsection 1, Code 2009, is 6 amended by adding the following new paragraph: 7 NEW PARAGRAPH . Oa. “Approved provider” means a provider of 8 a course offered outside this state for drinking drivers which 9 has been approved by the department of education. 10 Sec. 43. Section 321J.22, subsection 2, Code 2009, is 11 amended by adding the following new paragraph: 12 NEW PARAGRAPH . cc. The department of education may approve 13 a provider of a course offered outside this state for drinking 14 drivers upon proof to the department’s satisfaction that the 15 course is comparable to those offered by community colleges, 16 substance abuse treatment programs licensed under chapter 125, 17 and state correctional facilities as provided in this section. 18 The department shall comply with the requirements of subsection 19 5 regarding such approved providers. 20 Sec. 44. Section 331.756, subsection 7, Code 2009, is 21 amended to read as follows: 22 7. Give advice or a written opinion, without compensation, 23 to the board and other county officers and to school 24 and township officers, when requested by an officer, upon 25 any matters in which the state, county, school, or township 26 is interested, or relating to the duty of the officer in any 27 matters in which the state, county, school, or township may 28 have an interest, but the county attorney shall not appear 29 before the board at a hearing in which the state or county is 30 not interested. 31 Sec. 45. REPEAL. Sections 256.20 and 256.23, Code 2009, 32 are repealed. 33 Sec. 46. STATE MANDATE FUNDING SPECIFIED. In accordance 34 with section 25B.2, subsection 3, the state cost of requiring 35 -17- LSB 5391DP (11) 83 kh/sc 17/ 23

S.F. _____ H.F. _____ compliance with any state mandate included in this Act shall 1 be paid by a school district from state school foundation aid 2 received by the school district under section 257.16. This 3 specification of the payment of the state cost shall be deemed 4 to meet all of the state funding-related requirements of 5 section 25B.2, subsection 3, and no additional state funding 6 shall be necessary for the full implementation of this Act 7 by and enforcement of this Act against all affected school 8 districts. 9 EXPLANATION 10 This bill makes miscellaneous changes to Code provisions 11 relating to education as follows: 12 CONFIDENTIAL RECORDS. Code section 22.7, subsection 1, is 13 amended to establish that the provision does not prohibit a 14 school corporation or educational institution from transferring 15 student records electronically to other school corporations or 16 educational institutions in accordance with the department of 17 education’s comprehensive management information system and 18 uniform coding and reporting system. 19 Code section 299A.11 is amended to provide that “personal 20 information in records regarding a child receiving competent 21 private instruction” includes the child’s name and home 22 address, and any other information that personally identifies 23 the child. 24 STUDENT STATE BOARD OF EDUCATION MEMBER. Code section 25 256.5A is amended to increase the term of the nonvoting student 26 member of the state board of education from one year to two 27 years, and provides that the student must be enrolled in grade 28 10 when applying for the appointment. Currently, a student may 29 be enrolled in grade 10 or 11 at the time the student applies. 30 SCHOOL LAW PRINTING REQUIREMENT. Code section 256.9, 31 subsections 25 and 26, are stricken. The provisions require 32 the director of the department of education to cause to 33 be printed in book form, every four years since 1987, all 34 school laws, and changes to school laws, with forms, rulings, 35 -18- LSB 5391DP (11) 83 kh/sc 18/ 23