House File 2216 - Introduced HOUSE FILE 2216 BY MURPHY A BILL FOR An Act modifying Iowa’s human services and education systems 1 to ensure that children start school ready to learn and 2 to increase Iowa’s student achievement rates, making 3 appropriations to the department of education and for 4 deposit in funds under the control of the department, and 5 including effective date and applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5193YH (17) 84 kh/rj
H.F. 2216 DIVISION I 1 MANDATORY CHILD CARE REGISTRATION 2 Section 1. Section 135.173A, subsection 4, paragraph e, 3 Code Supplement 2011, is amended by striking the paragraph. 4 Sec. 2. Section 142D.2, subsection 13, Code 2011, is amended 5 to read as follows: 6 13. “Place of employment” means an area under the control of 7 an employer and includes all areas that an employee frequents 8 during the course of employment or volunteering, including but 9 not limited to work areas, private offices, conference and 10 meeting rooms, classrooms, auditoriums, employee lounges and 11 cafeterias, hallways, medical facilities, restrooms, elevators, 12 stairways and stairwells, and vehicles owned, leased, or 13 provided by the employer unless otherwise provided under this 14 chapter . “Place of employment” does not include a private 15 residence, unless the private residence is used as a child 16 care facility , a child care home, or as a health care provider 17 location. 18 Sec. 3. Section 142D.2, subsection 16, paragraphs t and u, 19 Code 2011, are amended to read as follows: 20 t. Private residences only when used as a child care 21 facility , a child care home, or health care provider location. 22 u. Child care facilities and child care homes . 23 Sec. 4. Section 142D.4, subsection 1, Code 2011, is amended 24 to read as follows: 25 1. Private residences, unless used as a child care facility , 26 child care home, or a health care provider location. 27 Sec. 5. Section 237.1, subsection 4, paragraph d, Code 2011, 28 is amended to read as follows: 29 d. Child care furnished by a child care center , or a child 30 development home , or a child care home as defined in section 31 237A.1 . 32 Sec. 6. Section 237A.1, subsection 6, Code Supplement 2011, 33 is amended by striking the subsection. 34 Sec. 7. Section 237A.1, subsections 7 and 11, Code 35 -1- LSB 5193YH (17) 84 kh/rj 1/ 29
H.F. 2216 Supplement 2011, are amended to read as follows: 1 7. “Child development home” means a person or program 2 registered under section 237A.3A that may provide child care to 3 six one or more children at any one time. 4 11. “Involvement with child care” means licensed or 5 registered under this chapter , employed in a child care 6 facility, residing in a child care facility, receiving public 7 funding for providing child care, or providing child care as 8 a child care home provider, or residing in a with a person 9 receiving public funding for providing child care home . 10 Sec. 8. Section 237A.1, Code Supplement 2011, is amended by 11 adding the following new subsection: 12 NEW SUBSECTION . 14A. “Relative” means an adult person who 13 is, or was at any time, one of the following relatives of a 14 child, by means of blood relationship, marriage, or adoption, 15 or is a spouse of one of the following relatives: 16 a. Grandparent. 17 b. Great-grandparent. 18 c. Great-great-grandparent. 19 d. Stepparent, but not the parent of the stepparent. 20 e. Sibling. 21 f. Stepsibling. 22 g. Sibling by at least the half blood. 23 h. Uncle or aunt by at least the half blood. 24 i. Great-uncle or great-aunt. 25 j. Great-great-uncle or great-great-aunt. 26 k. First cousin. 27 l. Nephew or niece. 28 m. Second cousin. 29 Sec. 9. Section 237A.3A, subsection 1, paragraph a, Code 30 2011, is amended to read as follows: 31 a. A person shall not establish or operate a child 32 development home unless the person obtains a certificate of 33 registration. However, a relative who provides child care 34 to only related children or a person providing child care to 35 -2- LSB 5193YH (17) 84 kh/rj 2/ 29
H.F. 2216 only children from a single unrelated family is not required 1 to obtain a certificate of registration under this section. 2 The department shall issue a certificate of registration upon 3 receipt of a statement from the person or upon completion of 4 an inspection conducted by the department or a designee of the 5 department verifying that the person complies with applicable 6 rules adopted by the department pursuant to this section and 7 section 237A.12 . 8 Sec. 10. Section 237A.3B, Code 2011, is amended to read as 9 follows: 10 237A.3B Smoking prohibited. 11 Smoking, as defined in section 142D.2 , shall not be 12 permitted in a child care facility or child care home . 13 Sec. 11. Section 237A.5, subsection 2, paragraph a, 14 subparagraph (1), subparagraph division (e), Code 2011, is 15 amended to read as follows: 16 (e) The person will reside or resides in a child care home 17 that with a person who is not registered under this chapter but 18 that receives public funding for providing child care. 19 Sec. 12. Section 237A.5, subsection 2, paragraph b, Code 20 2011, is amended to read as follows: 21 b. If an individual person subject to a record check is 22 being considered for employment by a child care facility or 23 child care home provider , in lieu of requesting a record 24 check in this state to be conducted by the department under 25 paragraph “c” , the child care facility or child care home may 26 access the single contact repository established pursuant to 27 section 135C.33 as necessary to conduct a criminal and child 28 abuse record check of the individual in this state. A copy of 29 the results of the record check conducted through the single 30 contact repository shall also be provided to the department. 31 If the record check indicates the individual is a person 32 subject to an evaluation, the child care facility or child care 33 home may request that the department perform an evaluation as 34 provided in this subsection . Otherwise, the individual shall 35 -3- LSB 5193YH (17) 84 kh/rj 3/ 29
H.F. 2216 not be employed by the child care facility or child care home . 1 Sec. 13. Section 237A.5, subsection 2, paragraph d, 2 subparagraph (2), Code 2011, is amended to read as follows: 3 (2) Except as otherwise provided by law, the cost of a 4 national criminal history check conducted in accordance with 5 subparagraph (1) and the state record checks conducted in 6 accordance with paragraph “c” that are conducted in connection 7 with a person’s involvement with a child care center are not 8 the responsibility of the department. The department is 9 responsible for the cost of such checks conducted in connection 10 with a person’s involvement with a child development home or 11 child care home . 12 Sec. 14. Section 237A.5, subsection 2, paragraph d, 13 subparagraph (4), subparagraph division (b), Code 2011, is 14 amended to read as follows: 15 (b) Except for child development home providers who 16 voluntarily license and are addressed by subparagraph division 17 (a), and child development home providers participating in 18 the child care quality rating system at a level under which 19 national records checks are required in accordance with 20 departmental rule, the national record check requirement in 21 subparagraph (1) is not applicable in connection with a child 22 development home or child care home throughout the period. 23 Sec. 15. Section 237A.5, subsection 2, paragraph e, 24 subparagraph (2), Code 2011, is amended to read as follows: 25 (2) Prior to performing an evaluation, the department shall 26 notify the affected person, licensee, registrant, or child 27 care home person applying for or receiving public funding for 28 providing child care, that an evaluation will be conducted to 29 determine whether prohibition of the person’s involvement with 30 child care is warranted. 31 Sec. 16. Section 237A.5, subsection 2, paragraph h, 32 subparagraph (2), Code 2011, is amended to read as follows: 33 (2) If, within five years prior to the date of application 34 for registration or licensure under this chapter , for 35 -4- LSB 5193YH (17) 84 kh/rj 4/ 29
H.F. 2216 employment or residence in a child care facility or child care 1 home , or for receipt of public funding for providing child 2 care, a person subject to an evaluation has been convicted of 3 a controlled substance offense under chapter 124 or has been 4 found to have committed physical abuse, the person shall be 5 prohibited from involvement with child care for a period of 6 five years from the date of conviction or founded abuse. After 7 the five-year prohibition period, the person may submit an 8 application for registration or licensure under this chapter , 9 or to receive public funding for providing child care or may 10 request an evaluation, and the department shall perform an 11 evaluation and, based upon the criteria in paragraph “g” , shall 12 determine whether prohibition of the person’s involvement with 13 child care continues to be warranted. 14 Sec. 17. Section 237A.5, subsection 2, paragraph j, Code 15 2011, is amended to read as follows: 16 j. If it has been determined that a child receiving child 17 care from a child care facility or a child care home from a 18 person who receives public funding for providing child care 19 or an individual residing with that person, is the victim 20 of founded child abuse committed by an employee, license or 21 registration holder, child care home provider, or resident of 22 the child care facility or child care home for which a report 23 is placed in the central registry pursuant to section 232.71D , 24 the administrator shall provide notification at the time of 25 the determination to the parents, guardians, and custodians of 26 children receiving care from the child care facility or child 27 care home person who receives public funding for providing 28 child care . A notification made under this paragraph shall 29 identify the type of abuse but shall not identify the victim or 30 perpetrator or circumstances of the founded abuse. 31 Sec. 18. Section 237A.12, subsection 1, paragraph c, Code 32 Supplement 2011, is amended to read as follows: 33 c. The adequacy of activity programs and food services 34 available to the children. The department shall not restrict 35 -5- LSB 5193YH (17) 84 kh/rj 5/ 29
H.F. 2216 the use of or apply nutritional standards to a lunch or other 1 meal which is brought to the center, child development home, or 2 child care home facility by a school-age child for the child’s 3 consumption. 4 Sec. 19. Section 237A.13, subsection 2, Code 2011, is 5 amended to read as follows: 6 2. Services under the program may be provided in by a 7 licensed child care center, a child development home, the home 8 of a relative, the child’s own home by a relative or by a 9 provider who is licensed under this chapter , a child care home, 10 or in a facility exempt from licensing or registration under 11 the definition of child care in section 237A.1 . 12 Sec. 20. Section 237A.19, subsection 2, Code 2011, is 13 amended to read as follows: 14 2. If registration is required under section 237A.3A , a A 15 person who establishes, conducts, manages, or operates a child 16 development home without registering or a person who operates a 17 child development home contrary to section 237A.5 , or a person 18 who has been prohibited by the department from involvement 19 with child care but continues that involvement, commits a 20 simple misdemeanor. Each day of continuing violation after 21 conviction, or notice from the department by certified mail of 22 the violation, is a separate offense. A single charge alleging 23 continuing violation may be made in lieu of filing charges for 24 each day of violation. 25 Sec. 21. Section 237A.19, subsection 3, Code 2011, is 26 amended to read as follows: 27 3. A person who establishes, conducts, manages, or operates 28 a child care home in violation of section 237A.3, subsection 29 2 , or a person or program that has been prohibited by the 30 department from involvement with child care but continues 31 that involvement commits a simple misdemeanor. Each day of 32 continuing violation after conviction, or notice from the 33 department by certified mail of the violation, is a separate 34 offense. A single charge alleging continuing violation may be 35 -6- LSB 5193YH (17) 84 kh/rj 6/ 29
H.F. 2216 made in lieu of filing charges for each day of violation. 1 Sec. 22. Section 237A.26, subsection 3, paragraph a, Code 2 Supplement 2011, is amended to read as follows: 3 a. Organize assistance to child care homes and child care 4 facilities utilizing training levels based upon the child care 5 providers’ degrees of experience and interest. 6 Sec. 23. Section 237A.26, subsection 6, paragraph a, Code 7 Supplement 2011, is amended to read as follows: 8 a. Assist families in selecting quality child care. The 9 agency must provide referrals to registered and licensed child 10 care facilities, and to persons providing care, supervision, 11 and guidance of a child which is not defined as child care 12 under section 237A.1 and may provide referrals to unregistered 13 providers . 14 Sec. 24. Section 237A.26, subsection 8, Code Supplement 15 2011, is amended to read as follows: 16 8. For purposes of improving the quality and consistency 17 of data collection, consultation, and other support to child 18 care home and child development home providers, a resource and 19 referral services agency grantee shall coordinate and assist 20 with publicly and privately funded efforts administered at 21 the community level to provide the support. The support and 22 efforts addressed by a grantee may include but are not limited 23 to community-funded child care home and child development home 24 consultants. Community members involved with the assistance 25 may include but are not limited to the efforts of an early 26 childhood Iowa area board under chapter 256I , and of community 27 representatives of education, health, human services, business, 28 faith, and public interests. 29 Sec. 25. REPEAL. Section 237A.3, Code 2011, is repealed. 30 DIVISION II 31 SCHOOL AID PROVISIONS 32 Sec. 26. Section 257.2, subsection 1, Code 2011, is amended 33 to read as follows: 34 1. “Allowable growth” means the amount by which state cost 35 -7- LSB 5193YH (17) 84 kh/rj 7/ 29
H.F. 2216 per pupil and district cost per pupil will increase from one 1 budget year to the next as a result of the state percent of 2 growth or the categorical state percent of growth . 3 Sec. 27. Section 257.2, subsection 5, Code 2011, is amended 4 to read as follows: 5 5. “Combined district cost per pupil” is an amount 6 determined by adding together the regular program district 7 cost per pupil for a year and the special education support 8 services district cost per pupil for that year as calculated 9 under section 257.10 . 10 Sec. 28. Section 257.9, subsections 7 and 10, Code 2011, are 11 amended to read as follows: 12 7. Professional development supplement state cost per pupil. 13 a. For the budget year beginning July 1, 2009, for the 14 professional development supplement state cost per pupil, the 15 department of management shall add together the professional 16 development allocation made to each district for the fiscal 17 year beginning July 1, 2008, pursuant to section 284.13, 18 subsection 1, paragraph “d” , Code 2009 , and divide that sum 19 by the statewide total budget enrollment for the fiscal year 20 beginning July 1, 2009. 21 b. The professional development supplement state cost 22 per pupil for the budget year beginning July 1, 2010, and 23 succeeding budget years beginning before July 1, 2012 , shall 24 be the amount calculated by the department of management under 25 this subsection for the base year plus an allowable growth 26 amount that is equal to the professional development supplement 27 categorical state percent of growth, pursuant to section 28 257.8, subsection 2 , for the budget year, multiplied by the 29 amount calculated by the department of management under this 30 subsection for the base year. 31 c. The professional development supplement state cost per 32 pupil for the budget year beginning July 1, 2012, shall be 33 the amount calculated by the department of management under 34 this subsection for the base year, plus sixty dollars, plus 35 -8- LSB 5193YH (17) 84 kh/rj 8/ 29
H.F. 2216 an allowable growth amount that is equal to the professional 1 development supplement categorical state percent of growth, 2 pursuant to section 257.8, subsection 2, for the budget year, 3 multiplied by the amount calculated by the department of 4 management under this subsection for the base year. 5 d. The professional development supplement state cost 6 per pupil for the budget year beginning July 1, 2013, and 7 succeeding budget years, shall be the amount calculated by 8 the department of management under this subsection for the 9 base year plus an allowable growth amount that is equal to 10 the professional development supplement categorical state 11 percent of growth, pursuant to section 257.8, subsection 2, for 12 the budget year, multiplied by the amount calculated by the 13 department of management under this subsection for the base 14 year. 15 10. Area education agency professional development supplement 16 state cost per pupil. 17 a. For the budget year beginning July 1, 2009, for the area 18 education agency professional development supplement state cost 19 per pupil, the department of management shall add together the 20 professional development allocation made to each area education 21 agency for the fiscal year beginning July 1, 2008, pursuant to 22 section 284.13, subsection 1, paragraph “d” , Code 2009 , and 23 divide that sum by the statewide special education support 24 services weighted enrollment for the fiscal year beginning July 25 1, 2009. 26 b. The area education agency professional development 27 supplement state cost per pupil for the budget year beginning 28 July 1, 2010, and succeeding budget years beginning before 29 July 1, 2012 , shall be the amount calculated by the department 30 of management under this subsection for the base year plus 31 an allowable growth amount that is equal to the professional 32 development supplement categorical state percent of growth, 33 pursuant to section 257.8, subsection 2 , for the budget year, 34 multiplied by the amount calculated by the department of 35 -9- LSB 5193YH (17) 84 kh/rj 9/ 29
H.F. 2216 management under this subsection for the base year. 1 c. The area education agency professional development 2 supplement state cost per pupil for the budget year beginning 3 July 1, 2012, shall be the amount calculated by the department 4 of management under this subsection for the base year, plus 5 three dollars, plus an allowable growth amount that is equal 6 to the professional development supplement categorical state 7 percent of growth, pursuant to section 257.8, subsection 2, for 8 the budget year, multiplied by the amount calculated by the 9 department of management under this subsection for the base 10 year. 11 d. The area education agency professional development 12 supplement state cost per pupil for the budget year beginning 13 July 1, 2013, and succeeding budget years, shall be the 14 amount calculated by the department of management under this 15 subsection for the base year plus an allowable growth amount 16 that is equal to the professional development supplement 17 categorical state percent of growth, pursuant to section 18 257.8, subsection 2, for the budget year, multiplied by the 19 amount calculated by the department of management under this 20 subsection for the base year. 21 Sec. 29. Section 257.10, subsection 10, paragraph a, Code 22 2011, is amended to read as follows: 23 a. (1) For the budget year beginning July 1, 2009, 24 the department of management shall divide the professional 25 development allocation made to each district for the fiscal 26 year beginning July 1, 2008, pursuant to section 284.13, 27 subsection 1, paragraph “d” , Code 2009 , by the district’s 28 budget enrollment in the fiscal year beginning July 1, 2009, 29 to determine the professional development supplement cost per 30 pupil. 31 (2) For the budget year beginning July 1, 2010, and 32 succeeding budget years beginning before July 1, 2012 , the 33 professional development supplement district cost per pupil 34 for each school district for a budget year is the professional 35 -10- LSB 5193YH (17) 84 kh/rj 10/ 29
H.F. 2216 development supplement district cost per pupil for the base 1 year plus the professional development supplement state 2 allowable growth amount for the budget year. 3 (3) For the budget year beginning July 1, 2012, the 4 professional development supplement district cost per pupil 5 for each school district for a budget year is the professional 6 development supplement district cost per pupil for the base 7 year plus the professional development supplement state 8 allowable growth amount for the budget year, plus sixty 9 dollars. 10 (4) For the budget year beginning July 1, 2013, and 11 succeeding budget years, the professional development 12 supplement district cost per pupil for each school district 13 for a budget year is the professional development supplement 14 district cost per pupil for the base year plus the professional 15 development supplement state allowable growth amount for the 16 budget year. 17 Sec. 30. Section 257.37A, subsection 2, paragraph a, Code 18 2011, is amended to read as follows: 19 a. (1) For the budget year beginning July 1, 2009, the 20 department of management shall divide the area education agency 21 professional development supplement made to each area education 22 agency for the fiscal year beginning July 1, 2008, pursuant 23 to section 284.13, subsection 1, paragraph “d” , Code 2009 , by 24 the special education support services weighted enrollment 25 in the fiscal year beginning July 1, 2009, to determine the 26 professional development supplement cost per pupil. 27 (2) For the budget year beginning July 1, 2010, and 28 succeeding budget years beginning before July 1, 2012 , the area 29 education agency professional development supplement district 30 cost per pupil for each area education agency for a budget 31 year is the area education agency professional development 32 supplement district cost per pupil for the base year plus the 33 area education agency professional development supplement state 34 allowable growth amount for the budget year. 35 -11- LSB 5193YH (17) 84 kh/rj 11/ 29
H.F. 2216 (3) For the budget year beginning July 1, 2012, the area 1 education agency professional development supplement district 2 cost per pupil for each area education agency for a budget 3 year is the area education agency professional development 4 supplement district cost per pupil for the base year plus the 5 area education agency professional development supplement 6 state allowable growth amount for the budget year, plus three 7 dollars. 8 (4) For the budget year beginning July 1, 2013, and 9 succeeding budget years, the area education agency professional 10 development supplement district cost per pupil for each area 11 education agency for a budget year is the area education agency 12 professional development supplement district cost per pupil 13 for the base year plus the area education agency professional 14 development supplement state allowable growth amount for the 15 budget year. 16 Sec. 31. Section 284.6, subsections 3 and 8, Code Supplement 17 2011, are amended to read as follows: 18 3. A school district shall incorporate a district 19 professional development plan into the district’s comprehensive 20 school improvement plan submitted to the department in 21 accordance with section 256.7, subsection 21 . The district 22 professional development plan shall include a description of 23 the means by which the school district will provide access 24 to all teachers in the district to professional development 25 programs or offerings that meet the requirements of subsection 26 1 . The plan shall align all professional development with 27 the school district’s long-range student learning goals and 28 the Iowa teaching standards. The plan shall indicate the 29 school district’s approved professional development provider 30 or providers. The plan shall provide, for the fiscal year 31 beginning July 1, 2012, and each fiscal year thereafter, an 32 amount of time for professional development equivalent to the 33 amount of time the school district provided for professional 34 development for teachers for the 2011-2012 school year plus the 35 -12- LSB 5193YH (17) 84 kh/rj 12/ 29
H.F. 2216 equivalent of at least three additional contract days. 1 8. a. For each year in which a school district receives 2 and area education agency receive funds calculated and 3 paid to school districts and area education agencies for 4 professional development pursuant to section 257.10, subsection 5 10 , or section 257.37A, subsection 2 , the school district 6 and area education agency shall create quality professional 7 development opportunities. The goal for the use of the funds 8 is to provide one additional contract day or the equivalent 9 thereof for professional development and use of the funds is 10 limited to providing professional development to teachers, 11 including additional salaries for time beyond the normal 12 negotiated agreement; pay for substitute teachers, professional 13 development materials, speakers, and professional development 14 content; and costs associated with implementing the individual 15 professional development plans. The use of the funds shall 16 be balanced between school district, attendance center, 17 and individual professional development plans, making every 18 reasonable effort to provide equal access to all teachers. 19 b. For the fiscal year beginning July 1, 2012, and each 20 succeeding fiscal year in which a school district and area 21 education agency receive funds calculated and paid to school 22 districts and area education agencies for professional 23 development pursuant to section 257.10, subsection 10, 24 or section 257.37A, subsection 2, the school district and 25 area education agency shall provide an amount of time for 26 professional development equivalent to the amount of time 27 the school district and area education agency provided for 28 professional development for teachers for the 2011-2012 school 29 year plus the equivalent of at least three additional contract 30 days. 31 Sec. 32. 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 division 34 of this Act shall be paid by a school district from state 35 -13- LSB 5193YH (17) 84 kh/rj 13/ 29
H.F. 2216 school foundation aid received by the school district under 1 section 257.16. This specification of the payment of the state 2 cost shall be deemed to meet all of the state funding-related 3 requirements of section 25B.2, subsection 3, and no additional 4 state funding shall be necessary for the full implementation of 5 this division of this Act by and enforcement of this division 6 of this Act against all affected school districts. 7 DIVISION III 8 GENERAL EDUCATION PROVISIONS 9 Sec. 33. Section 256C.5, subsection 1, paragraph c, Code 10 Supplement 2011, is amended to read as follows: 11 c. “Preschool budget enrollment” means the figure that 12 is equal to fifty sixty percent of the actual enrollment of 13 eligible students in the preschool programming provided by 14 a school district approved to participate in the preschool 15 program on October 1 of the base year, or the first Monday in 16 October if October 1 falls on a Saturday or Sunday. 17 Sec. 34. Section 257.31, subsection 5, unnumbered paragraph 18 1, Code Supplement 2011, is amended to read as follows: 19 If a district has unusual circumstances, creating an unusual 20 need for additional funds, including but not limited to the 21 circumstances enumerated in paragraphs “a” through “n” “o” , 22 the committee may grant supplemental aid to the district from 23 any funds appropriated to the department of education for the 24 use of the school budget review committee for the purposes of 25 this subsection . The school budget review committee shall 26 review a school district’s unexpended fund balance prior to 27 any decision regarding unusual finance circumstances. Such 28 aid shall be miscellaneous income and shall not be included in 29 district cost. In addition to or as an alternative to granting 30 supplemental aid the committee may establish a modified 31 allowable growth for the district by increasing its allowable 32 growth. The school budget review committee shall review a 33 school district’s unspent balance prior to any decision to 34 increase modified allowable growth under this subsection . 35 -14- LSB 5193YH (17) 84 kh/rj 14/ 29
H.F. 2216 Sec. 35. Section 257.31, subsection 5, Code Supplement 1 2011, is amended by adding the following new paragraph: 2 NEW PARAGRAPH . o. Unusual need for additional funds for 3 returning dropout and dropout prevention programming pursuant 4 to section 257.41, subsection 1. 5 Sec. 36. Section 257.38, subsection 2, Code 2011, is amended 6 to read as follows: 7 2. Program plans shall identify the parts of the plan that 8 will be implemented first upon approval of the request. If 9 a district is requesting to use modified allowable growth to 10 finance the program, the school district shall not identify 11 more than five seven percent of its budget enrollment for the 12 budget year as returning dropouts and potential dropouts. 13 Sec. 37. Section 257.41, Code 2011, is amended to read as 14 follows: 15 257.41 Funding for programs for returning dropouts and 16 dropout prevention. 17 1. Budget. a. The budget of an approved program for 18 returning dropouts and dropout prevention for a school 19 district, after subtracting funds received from other sources 20 for that purpose, shall be funded annually on a basis of 21 one-fourth or more from the district cost of the school 22 district and up to three-fourths by an increase in allowable 23 growth as defined in section 257.8 . Annually, the department 24 of management shall establish a modified allowable growth for 25 each such school district equal to the difference between the 26 approved budget for the program for returning dropouts and 27 dropout prevention for that district and the sum of the amount 28 funded from the district cost of the school district plus funds 29 received from other sources. 30 b. If the board of directors of a school district determines 31 that funding provided under paragraph “a” is insufficient to 32 meet the returning dropout and dropout prevention programming 33 needs of the school district, the board may submit a request 34 for additional modified allowable growth to the school budget 35 -15- LSB 5193YH (17) 84 kh/rj 15/ 29
H.F. 2216 review committee under section 257.31, subsection 5, paragraph 1 “o” . 2 2. Appropriate uses of funding. Appropriate uses of the 3 returning dropout and dropout prevention program funding 4 include but are not limited to the following: 5 a. Salary and benefits for instructional staff, 6 instructional support staff, and school-based youth services 7 staff who are working with students who are participating 8 in dropout prevention programs, alternative programs, and 9 alternative schools if the staff person’s time is dedicated to 10 working with returning dropouts or students who are deemed, 11 at any time during the school year, to be at risk of dropping 12 out, in order to provide services beyond those services which 13 are provided by the school district to students who are not 14 identified as at risk of dropping out. However, if the staff 15 person works part-time with students who are participating in 16 returning dropout and dropout prevention programs, alternative 17 programs, and alternative schools and has another unrelated 18 staff assignment, only the portion of the staff person’s time 19 that is related to the returning dropout and dropout prevention 20 program, alternative program, or alternative school may be 21 charged to the program. 22 b. Professional development for all teachers and staff 23 working with at-risk students and programs involving dropout 24 prevention strategies. 25 c. Research-based resources, materials, software, supplies, 26 and purchased services that meet all of the following criteria: 27 (1) Meet the needs of kindergarten through grade twelve 28 students identified as at risk of dropping out and of returning 29 dropouts. 30 (2) Are beyond those provided by the regular school program. 31 (3) Are necessary to provide the services listed in the 32 school district’s dropout prevention plan. 33 (4) Will remain with the kindergarten through grade twelve 34 returning dropout and dropout prevention program. 35 -16- LSB 5193YH (17) 84 kh/rj 16/ 29
H.F. 2216 d. Up to five percent of the total budgeted amount received 1 pursuant to subsection 1, paragraph “a” , may be used for 2 purposes of providing district-wide or building-wide returning 3 dropout and dropout prevention programming targeted to students 4 who are not deemed at risk of dropping out. 5 Sec. 38. Section 260C.18A, subsection 2, Code Supplement 6 2011, is amended by adding the following new paragraph: 7 NEW PARAGRAPH . j. Development and implementation of 8 the national career readiness certificate and the skills 9 certification system endorsed by the national association of 10 manufacturers. 11 Sec. 39. Section 260H.2, Code Supplement 2011, is amended 12 to read as follows: 13 260H.2 Pathways for academic career and employment program 14 —— fund —— appropriation . 15 1. Program established. A pathways for academic career 16 and employment program is established to provide funding 17 to community colleges for the development of projects in 18 coordination with the economic development authority, the 19 department of education, Iowa workforce development, regional 20 advisory boards established pursuant to section 84A.4 , and 21 community partners to implement a simplified, streamlined, and 22 comprehensive process, along with customized support services, 23 to enable eligible participants to acquire effective academic 24 and employment training to secure gainful, quality, in-state 25 employment. 26 2. Fund created. A pathways for academic career and 27 employment fund is created in the state treasury under the 28 control of the department of education consisting of moneys 29 appropriated to the department for purposes of funding the 30 cost of projects under the program established pursuant to 31 subsection 1. Notwithstanding section 8.33, moneys in the fund 32 at the end of a fiscal year shall not revert to the general 33 fund of the state but shall be used for purposes of the fund. 34 Notwithstanding section 12C.7, subsection 2, interest or 35 -17- LSB 5193YH (17) 84 kh/rj 17/ 29
H.F. 2216 earnings on moneys in the fund shall be credited to the fund. 1 3. Fund appropriation. There is appropriated from the 2 general fund of the state to the pathways for academic career 3 and employment fund for the fiscal year beginning July 1, 2012, 4 and each succeeding fiscal year, the sum of three million 5 dollars for purposes of implementing the pathways for academic 6 career and employment program in accordance with this section. 7 Sec. 40. NEW SECTION . 260I.12 Gap tuition assistance fund 8 —— appropriation. 9 1. A gap tuition assistance fund is created in the state 10 treasury under the control of the department of education for 11 purposes of the gap tuition assistance program established 12 in section 260I.2. Notwithstanding section 8.33, moneys in 13 the fund at the end of a fiscal year shall not revert to the 14 general fund of the state but shall be used for purposes of the 15 fund. Notwithstanding section 12C.7, subsection 2, interest or 16 earnings on moneys in the fund shall be credited to the fund. 17 2. There is appropriated from the general fund of the 18 state to the gap tuition assistance fund for the fiscal year 19 beginning July 1, 2012, and each succeeding fiscal year, the 20 sum of two million dollars for the purposes of implementing the 21 gap tuition assistance program pursuant to this chapter. 22 Sec. 41. Section 272.9A, subsections 1 and 3, Code 2011, are 23 amended to read as follows: 24 1. Beginning July 1, 2007, requirements Requirements for 25 administrator licensure beyond an initial license shall include 26 completion the following: 27 a. Completion of a beginning administrator mentoring and 28 induction program and demonstration of competence on the 29 administrator standards adopted pursuant to section 284A.3 . 30 b. At least five years of successful classroom experience 31 as a licensed teacher. 32 3. a. An administrator formerly employed by an accredited 33 nonpublic school or formerly employed as an administrator in 34 another state or country is exempt from the mentoring and 35 -18- LSB 5193YH (17) 84 kh/rj 18/ 29
H.F. 2216 induction requirement under subsection 1 if the administrator 1 can document two years of successful administrator experience , 2 at least five years of successful classroom experience as a 3 licensed teacher, and meet or exceed the requirements contained 4 in rules adopted pursuant to this chapter for endorsement and 5 licensure. However, if 6 b. If an administrator cannot document two years of 7 successful administrator experience meet the requirements of 8 paragraph “a” when hired by a school district, the administrator 9 shall meet the requirements of subsection 1 . 10 Sec. 42. Section 299.1A, Code 2011, is amended to read as 11 follows: 12 299.1A Compulsory attendance age. 13 A child who has reached the age of six and is under sixteen 14 eighteen years of age by September 15 is of compulsory 15 attendance age. However, if a child enrolled in a school 16 district or accredited nonpublic school reaches the age of 17 sixteen eighteen on or after September 15, the child remains of 18 compulsory age until the end of the regular school calendar. 19 Sec. 43. Section 299.1B, Code 2011, is amended to read as 20 follows: 21 299.1B Failure to attend —— driver’s license. 22 A person who is of compulsory attendance age, is not exempt 23 under section 299.2, and does not attend a public school, an 24 accredited nonpublic school, competent private instruction in 25 accordance with the provisions of chapter 299A , an alternative 26 school, or adult education classes shall not receive an 27 intermediate or full driver’s license until age eighteen. 28 Sec. 44. NEW SECTION . 299.14 School district dropout 29 prevention measures. 30 1. The board of directors of each school district shall 31 take every opportunity to prevent students from dropping out of 32 school. Actions which a school district may take to prevent 33 students from dropping out of school include but are not 34 limited to general education interventions, alternative program 35 -19- LSB 5193YH (17) 84 kh/rj 19/ 29
H.F. 2216 placement, alternative school placement, provision of support 1 and supplemental services, individual and family intervention 2 or therapy, truancy mediation, and coordination with other 3 student support services. 4 2. The board of directors of each school district shall 5 make every effort to align and maximize funding streams that 6 may be used to support students who are at risk of dropping out 7 of school. 8 Sec. 45. Section 321.213B, Code 2011, is amended to read as 9 follows: 10 321.213B Suspension for failure to attend. 11 1. The department shall establish procedures by rule for 12 suspending the license of a juvenile who has been issued a 13 driver’s license and is not in compliance with the requirements 14 of section 299.1B or issuing the juvenile a restricted license 15 under section 321.178 . 16 2. Upon receipt of proof of high school graduation from 17 a person whose intermediate or full driver’s license was 18 suspended or revoked pursuant to section 299.1B, the department 19 may reinstate the person’s license. Notwithstanding section 20 321.191, subsection 8, the fee for reinstatement of a license 21 pursuant to this subsection shall be twenty-five dollars. 22 Sec. 46. Section 422.11S, subsection 7, paragraph a, 23 subparagraph (2), Code Supplement 2011, is amended to read as 24 follows: 25 (2) “Total approved tax credits” means for the tax year 26 beginning in the 2006 calendar year, two million five hundred 27 thousand dollars, for the tax year beginning in the 2007 28 calendar year, five million dollars, and for tax years 29 beginning on or after January 1, 2008, seven million five 30 hundred thousand dollars . However , for tax years beginning on 31 or after January 1, 2012, and only if legislation is enacted 32 by the Eighty-fourth General Assembly, 2011 session, amending 33 section 257.8, subsections 1 and 2 , to establish both the state 34 percent of growth and the categorical state percent of growth 35 -20- LSB 5193YH (17) 84 kh/rj 20/ 29
H.F. 2216 for the budget year beginning July 1, 2012, at two percent, 1 “total approved tax credits” means eight million seven hundred 2 fifty thousand dollars , and for tax years beginning on or after 3 January 1, 2014, ten million dollars . 4 Sec. 47. STATE MANDATE FUNDING SPECIFIED. In accordance 5 with section 25B.2, subsection 3, the state cost of requiring 6 compliance with any state mandate included in this division of 7 this Act shall be paid by a school district from state school 8 foundation aid received by the school district under section 9 257.16 and moneys appropriated in this division of this Act. 10 This specification of the payment of the state cost shall be 11 deemed to meet all of the state funding-related requirements of 12 section 25B.2, subsection 3, and no additional state funding 13 shall be necessary for the full implementation of this division 14 of this Act by and enforcement of this division of this Act 15 against all affected school districts. 16 Sec. 48. EFFECTIVE UPON ENACTMENT. The section of this 17 division of this Act amending section 256C.5, subsection 1, 18 takes effect upon enactment. 19 Sec. 49. APPLICABILITY. The section of this division of 20 this Act amending section 256C.5, subsection 1, applies to 21 budget years beginning on or after July 1, 2012. 22 DIVISION IV 23 APPROPRIATIONS 24 Sec. 50. There is appropriated from the general fund of 25 the state to the department of education for the fiscal year 26 beginning July 1, 2012, and ending June 30, 2013, the following 27 amounts, or so much thereof as is necessary, to be used for the 28 purposes designated: 29 1. EARLY CHILDHOOD IOWA FUND —— FAMILY SUPPORT AND PARENT 30 EDUCATION 31 For deposit in the school ready children grants account of 32 the early childhood Iowa fund created in section 256I.11: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,364,434 34 The amount appropriated in this subsection shall be used for 35 -21- LSB 5193YH (17) 84 kh/rj 21/ 29
H.F. 2216 family support services and parent education programs targeted 1 to families expecting a child or with newborn and infant 2 children through age five and shall be distributed using the 3 distribution formula approved by the early childhood Iowa state 4 board and shall be used by an early childhood Iowa area board 5 only for family support services and parent education programs 6 targeted to families expecting a child or with newborn and 7 infant children through age five. 8 2. AFTER SCHOOL PILOT PROGRAM 9 For implementation of after school pilot programs at the 10 10 school district attendance centers whose average composite 11 scores on the Iowa test of educational development accounted 12 for the lowest average composite scores for attendance centers 13 statewide in subject areas and at grade levels as determined 14 by the department: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 16 a. The department shall work with each school district 17 that has such a low-performing attendance center to implement 18 an after school pilot program at the attendance center. The 19 amount of a grant awarded to a school district to implement 20 the pilot program at the school district’s attendance center 21 in accordance with this subsection shall be not less than 22 $100,000. Moneys appropriated pursuant to this subsection may 23 be expended for purposes that include but are not limited to 24 tutoring and supplementing instruction in basic skills, such 25 as reading, math, and science; drug and violence prevention 26 curricula and counseling; youth leadership activities; 27 volunteer and service learning opportunities, including but not 28 limited to providing health care services for pilot program 29 volunteers who until retirement were employed full-time by the 30 state or a political subdivision as police or fire fighters or 31 to provide human services programs and services to the public; 32 career and vocational awareness preparation; courses and 33 enrichment in arts and culture; computer instruction; character 34 development and civic participation; language instruction, 35 -22- LSB 5193YH (17) 84 kh/rj 22/ 29
H.F. 2216 including English as a second language; mentoring; positive 1 interaction with law enforcement; supervised recreation 2 programs; and health and nutrition programs. The department 3 and each participating school district shall make every effort 4 to leverage additional funding from other public and private 5 sources to support the pilot program. 6 b. Upon completion of the pilot program, each participating 7 school district shall submit a report to the department 8 regarding the impact of the program on student academic 9 achievement. The department shall prepare a report summarizing 10 these results, and compare them to student academic achievement 11 gains in similar attendance centers in school districts that 12 did not participate in the program. The department shall 13 submit its report, including its findings and recommendations, 14 to the general assembly by July 1, 2015. 15 3. EDUCATION PROGRAM EFFECTIVENESS STUDY 16 For issuance of a contract to study the effectiveness of the 17 state’s prekindergarten through grade 12 educational program 18 provided pursuant to section 256.11: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 20 The department shall conduct a study of the effectiveness 21 of the educational program offered by school districts as 22 required pursuant to section 256.11. The department shall 23 issue a request for proposals to select a qualified provider 24 who shall track from age 18 to age 21 a random sampling of 25 students who were enrolled only in Iowa school districts until 26 high school graduation. The department shall submit a copy of 27 the provider’s report, along with the department’s findings and 28 recommendations, to the general assembly not later than October 29 1, 2017. 30 4. HIGH SCHOOL EQUIVALENCY DIPLOMAS —— ADULT BASIC 31 EDUCATION AND LITERACY 32 For purposes of administering, providing test materials, 33 scoring of examinations, and issuance of high school 34 equivalency diplomas under chapter 259A; adult basic education 35 -23- LSB 5193YH (17) 84 kh/rj 23/ 29
H.F. 2216 programs offered by community colleges; and the continued 1 implementation of the adult literacy for the workforce in Iowa 2 program administered by the department: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 4 5. STATEWIDE WORK-BASED LEARNING INTERMEDIARY NETWORK FUND 5 For deposit in the statewide work-based learning 6 intermediary network fund created in section 256.40: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 8 6. WORKFORCE TRAINING AND ECONOMIC DEVELOPMENT FUNDS 9 For deposit in the workforce training and economic 10 development funds created pursuant to section 260C.18A: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,000,000 12 EXPLANATION 13 This bill modifies Iowa’s human services and education 14 systems to ensure that children start school ready to learn and 15 to increase Iowa’s student achievement rates. 16 DIVISION I. The bill requires registration of home child 17 care providers. Code section 237A.1, providing definitions, 18 is amended to define the term “relative” to mean an adult 19 person who is, or was at any time, one of a child’s relatives 20 that is listed in the bill, by means of blood relationship, 21 marriage, or adoption, or is a spouse of one of the relatives 22 listed in the bill. The list of relatives includes siblings, 23 grandparents, cousins, aunts, and uncles. 24 Under current law in Code section 237A.3, a person or program 25 providing child care to five children or fewer at any one time 26 is a child care home provider and is not required to register 27 under Code section 237A.3A as a child development home. The 28 bill repeals Code section 237A.3 and revises the definition of 29 child development home to mean care provided to one or more 30 children. The bill provides an exemption to the registration 31 requirement for a relative who provides child care to only 32 related children or a person providing child care to only 33 children from a single unrelated family. 34 References to the term “child care home” are eliminated in 35 -24- LSB 5193YH (17) 84 kh/rj 24/ 29
H.F. 2216 various Code provisions. 1 DIVISION II. The bill provides for an increase in the 2 amount generated by the professional development supplement 3 categorical under the school aid formula, calculated to 4 provide school districts with funding for three additional days 5 of professional development, which the bill directs school 6 districts to include in their district professional development 7 plan. The bill includes technical and conforming changes. 8 The division may include a state mandate as defined in Code 9 section 25B.3. The division requires that the state cost of 10 any state mandate included in the division be paid by a school 11 district from state school foundation aid received by the 12 school district under Code section 257.16. The specification 13 is deemed to constitute state compliance with any state mandate 14 funding-related requirements of Code section 25B.2. The 15 inclusion of this specification is intended to reinstate the 16 requirement of political subdivisions to comply with any state 17 mandates included in the division. 18 DIVISION III. The bill amends the term “preschool budget 19 enrollment”, effective upon enactment, to mean 60 percent of 20 the actual enrollment of eligible students in the preschool 21 programming provided by a school district for budget years 22 beginning July 1, 2012. The general assembly reduced the 23 percentage amount from 60 percent to 50 percent in the 2011 24 legislative session for budget years beginning on or after July 25 1, 2011. The term “preschool budget enrollment” is used in 26 determining the amount of preschool foundation aid a school 27 district may receive. 28 The bill increases from five to seven the percentage of its 29 budget enrollment that the district identifies as returning 30 dropouts and potential dropouts when requesting to use modified 31 allowable growth to finance programs for returning dropouts and 32 dropout prevention. The bill also specifies the appropriate 33 uses of such funding by school districts, including salary and 34 benefits for instructional staff, instructional support staff, 35 -25- LSB 5193YH (17) 84 kh/rj 25/ 29
H.F. 2216 and school-based youth services staff who are working with 1 students who are participating in dropout prevention programs, 2 alternative programs, and alternative schools if the staff 3 person’s time is dedicated to working with returning dropouts 4 or students who are deemed to be at risk of dropping out, to 5 provide services beyond those provided by the school district 6 to students generally; professional development for all 7 teachers and staff working with at-risk students and programs 8 involving dropout prevention strategies; and research-based 9 resources, materials, software, supplies, and purchased 10 services that meet criteria specified in the bill. 11 The bill allows the school board to submit a request to 12 the school budget review committee for additional modified 13 allowable growth if the funds generated under Code section 14 257.41 are insufficient to meet the dropout programming needs 15 of the district. The bill also permits school districts to use 16 up to 5 percent of the total amount of the funds received that 17 are generated by a formula established in Code, for purposes of 18 providing district-wide or building-wide returning dropout and 19 dropout prevention programming targeted to students who are not 20 deemed at risk of dropping out. 21 The bill creates two funds in the state treasury under the 22 control of the department of education: (1) The pathways for 23 academic career and employment fund for projects developed 24 under the pathways for academic career and employment program 25 and provides a standing appropriation of $3 million to the 26 fund; and (2) A gap tuition assistance fund for purposes of 27 the gap tuition assistance program, and provides a standing 28 appropriation of $2 million to the fund. 29 The bill also allows funds in the workforce training and 30 economic development funds to be used for development and 31 implementation of the national career readiness certificate 32 and the skills certification system endorsed by the national 33 association of manufacturers. 34 The bill increases administrator licensing requirements by 35 -26- LSB 5193YH (17) 84 kh/rj 26/ 29
H.F. 2216 providing that applicants for a standard license must have 1 at least five years of successful classroom experience as a 2 licensed teacher. 3 The bill requires that a school district’s professional 4 development plan provide, beginning July 1, 2012, and each 5 year thereafter, three more contract days for professional 6 development than the district provided in school year 7 2011-2012. 8 The bill raises the compulsory school attendance age from 16 9 to 18. The bill requires each school district to make every 10 effort to prevent students from dropping out of school, and to 11 align and maximize funding streams that may be used to support 12 students who are at risk of dropping out of school. 13 The bill includes technical amendments to eliminate a 14 reference to the compulsory attendance age for purposes of dual 15 enrollment. 16 The department of transportation is directed to reinstate, 17 upon receipt of proof of high school graduation from a person 18 whose intermediate or full driver’s license was suspended or 19 revoked because the person was truant, the person’s license for 20 a fee of $25, notwithstanding a current Code provision that 21 permits the department to charge a fee of $20 for reinstatement 22 of a license. 23 The total approved amount of school tuition organization tax 24 credits for tax years beginning on or after January 1, 2012, 25 is currently $8.75 million. The bill sets the amount for tax 26 years beginning on or after January 1, 2014, at $10 million. 27 The division may include a state mandate as defined in 28 Code section 25B.3. The division requires that the state 29 cost of any state mandate included in the division be paid by 30 a school district from state school foundation aid received 31 by the school district under Code section 257.16 and moneys 32 appropriated in the division. The specification is deemed 33 to constitute state compliance with any state mandate 34 funding-related requirements of Code section 25B.2. The 35 -27- LSB 5193YH (17) 84 kh/rj 27/ 29
H.F. 2216 inclusion of this specification is intended to reinstate the 1 requirement of political subdivisions to comply with any state 2 mandates included in the division. 3 DIVISION IV. The bill appropriates for the 2012-2013 fiscal 4 year $22,364,434 to the department of education for deposit in 5 the school ready children grants account of the early childhood 6 Iowa fund. As in years past, the amount appropriated must be 7 used for family support services and parent education programs 8 targeted to families expecting a child or with newborn and 9 infant children through age five and shall be distributed using 10 the distribution formula approved by the early childhood Iowa 11 state board and shall be used by an early childhood Iowa area 12 board only for family support services and parent education 13 programs targeted to families expecting a child or with newborn 14 and infant children through age five. 15 The bill also appropriates $1 million to the department 16 for FY 2012-2013 for implementation of after school pilot 17 programs at the 10 school district attendance centers whose 18 average composite scores on the Iowa test of educational 19 development accounted for the lowest average composite scores 20 for attendance centers statewide in subject areas and at grade 21 levels as determined by the department. Moneys appropriated 22 may be expended for the same purposes as provided under a 23 before and after school grant program established in Code 24 section 256.26, but may also be used to provide health care 25 services for pilot program volunteers who until retirement were 26 employed full-time by the state or a political subdivision as 27 police or fire fighters or to provide human services programs 28 and services to the public. The department shall prepare a 29 report summarizing the pilot program results and comparing them 30 to student academic achievement gains in similar attendance 31 centers in school districts that did not participate in the 32 program, and shall submit the report to the general assembly by 33 July 1, 2015. 34 In addition, the bill appropriates $250,000 to the 35 -28- LSB 5193YH (17) 84 kh/rj 28/ 29
H.F. 2216 department for issuance of a contract to study the 1 effectiveness of the state’s prekindergarten through grade 12 2 educational program. The department shall issue a request 3 for proposals to select a qualified provider who shall 4 track from age 18 to age 21 a random sampling of students 5 who were enrolled only in Iowa school districts until high 6 school graduation. The department shall submit a copy of the 7 provider’s report, along with the department’s findings and 8 recommendations, to the general assembly not later than October 9 1, 2017. 10 Finally, the bill appropriates from the general fund of the 11 state to the department of education for the 2012-2013 fiscal 12 year $1.5 million for purposes of administering, providing 13 test materials, scoring of examinations, and issuance of high 14 school equivalency diplomas under Code chapter 259A, adult 15 basic education programs offered by community colleges, and 16 the continued implementation of the adult literacy for the 17 workforce in Iowa program administered by the department; 18 $1.5 million for deposit in the statewide work-based learning 19 intermediary network fund; and $12 million to the workforce 20 training and economic development funds. 21 -29- LSB 5193YH (17) 84 kh/rj 29/ 29