HOUSE FILE 2216

BY  MURPHY

A BILL FOR

An Act modifying Iowa’s human services and education systems to ensure that children start school ready to learn and to increase Iowa’s student achievement rates, making appropriations to the department of education and for deposit in funds under the control of the department, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

MANDATORY CHILD CARE REGISTRATION
    Section 1.  Section 135.173A, subsection 4, paragraph e, Code Supplement 2011, is amended by striking the paragraph.
    Sec. 2.  Section 142D.2, subsection 13, Code 2011, is amended to read as follows:
   13.  “Place of employment” means an area under the control of an employer and includes all areas that an employee frequents during the course of employment or volunteering, including but not limited to work areas, private offices, conference and meeting rooms, classrooms, auditoriums, employee lounges and cafeterias, hallways, medical facilities, restrooms, elevators, stairways and stairwells, and vehicles owned, leased, or provided by the employer unless otherwise provided under this chapter. “Place of employment” does not include a private residence, unless the private residence is used as a child care facility, a child care home, or as a health care provider location.
    Sec. 3.  Section 142D.2, subsection 16, paragraphs t and u, Code 2011, are amended to read as follows:
   t.  Private residences only when used as a child care facility, a child care home, or health care provider location.
   u.  Child care facilities and child care homes.
    Sec. 4.  Section 142D.4, subsection 1, Code 2011, is amended to read as follows:
   1.  Private residences, unless used as a child care facility, child care home, or a health care provider location.
    Sec. 5.  Section 237.1, subsection 4, paragraph d, Code 2011, is amended to read as follows:
   d.  Child care furnished by a child care center,
 
or a child development home, or a child care home as defined in section 237A.1.
    Sec. 6.  Section 237A.1, subsection 6, Code Supplement 2011, is amended by striking the subsection.
    Sec. 7.  Section 237A.1, subsections 7 and 11, Code Supplement 2011, are amended to read as follows:
   7.  “Child development home” means a person or program registered under section 237A.3A that may provide child care to six
 
one or more children at any one time.
   11.  “Involvement with child care” means licensed or registered under this chapter, employed in a child care facility, residing in a child care facility, receiving public funding for providing child care, or providing child care as a child care home provider, or residing in a
 
with a person receiving public funding for providing child care home.
    Sec. 8.  Section 237A.1, Code Supplement 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  14A.  “Relative” means an adult person who is, or was at any time, one of the following relatives of a child, by means of blood relationship, marriage, or adoption, or is a spouse of one of the following relatives:
   a.  Grandparent.
   b.  Great-grandparent.
   c.  Great-great-grandparent.
   d.  Stepparent, but not the parent of the stepparent.
   e.  Sibling.
   f.  Stepsibling.
   g.  Sibling by at least the half blood.
   h.  Uncle or aunt by at least the half blood.
   i.  Great-uncle or great-aunt.
   j.  Great-great-uncle or great-great-aunt.
   k.  First cousin.
   l.  Nephew or niece.
   m.  Second cousin.
    Sec. 9.  Section 237A.3A, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.  A person shall not establish or operate a child development home unless the person obtains a certificate of registration.

However, a relative who provides child care to only related children or a person providing child care to only children from a single unrelated family is not required to obtain a certificate of registration under this section. The department shall issue a certificate of registration upon receipt of a statement from the person or upon completion of an inspection conducted by the department or a designee of the department verifying that the person complies with applicable rules adopted by the department pursuant to this section and section 237A.12.
    Sec. 10.  Section 237A.3B, Code 2011, is amended to read as follows:
   237A.3B  Smoking prohibited.
   Smoking, as defined in section 142D.2, shall not be permitted in a child care facility or child care home.
    Sec. 11.  Section 237A.5, subsection 2, paragraph a, subparagraph (1), subparagraph division (e), Code 2011, is amended to read as follows:
   (e)  The person will reside or resides in a child care home that
 
with a person who is not registered under this chapter but that receives public funding for providing child care.
    Sec. 12.  Section 237A.5, subsection 2, paragraph b, Code 2011, is amended to read as follows:
   b.  If an individual person subject to a record check is being considered for employment by a child care facility or child care home provider, in lieu of requesting a record check in this state to be conducted by the department under paragraph “c”, the child care facility or child care home may access the single contact repository established pursuant to section 135C.33 as necessary to conduct a criminal and child abuse record check of the individual in this state. A copy of the results of the record check conducted through the single contact repository shall also be provided to the department. If the record check indicates the individual is a person subject to an evaluation, the child care facility or child care home may request that the department perform an evaluation as provided in this subsection. Otherwise, the individual shall not be employed by the child care facility or child care home.
    Sec. 13.  Section 237A.5, subsection 2, paragraph d, subparagraph (2), Code 2011, is amended to read as follows:
   (2)  Except as otherwise provided by law, the cost of a national criminal history check conducted in accordance with subparagraph (1) and the state record checks conducted in accordance with paragraph “c” that are conducted in connection with a person’s involvement with a child care center are not the responsibility of the department. The department is responsible for the cost of such checks conducted in connection with a person’s involvement with a child development home or child care home.
    Sec. 14.  Section 237A.5, subsection 2, paragraph d, subparagraph (4), subparagraph division (b), Code 2011, is amended to read as follows:
   (b)  Except for child development home providers who voluntarily license and are addressed by subparagraph division (a), and child development home providers participating in the child care quality rating system at a level under which national records checks are required in accordance with departmental rule, the national record check requirement in subparagraph (1) is not applicable in connection with a child development home or child care home throughout the period.
    Sec. 15.  Section 237A.5, subsection 2, paragraph e, subparagraph (2), Code 2011, is amended to read as follows:
   (2)  Prior to performing an evaluation, the department shall notify the affected person, licensee, registrant, or child care home
 
person applying for or receiving public funding for providing child care, that an evaluation will be conducted to determine whether prohibition of the person’s involvement with child care is warranted.
    Sec. 16.  Section 237A.5, subsection 2, paragraph h, subparagraph (2), Code 2011, is amended to read as follows:
   (2)  If, within five years prior to the date of application for registration or licensure under this chapter, for employment or residence in a child care facility or child care home, or for receipt of public funding for providing child care, a person subject to an evaluation has been convicted of a controlled substance offense under chapter 124 or has been found to have committed physical abuse, the person shall be prohibited from involvement with child care for a period of five years from the date of conviction or founded abuse. After the five-year prohibition period, the person may submit an application for registration or licensure under this chapter, or to receive public funding for providing child care or may request an evaluation, and the department shall perform an evaluation and, based upon the criteria in paragraph “g”, shall determine whether prohibition of the person’s involvement with child care continues to be warranted.
    Sec. 17.  Section 237A.5, subsection 2, paragraph j, Code 2011, is amended to read as follows:
   j.  If it has been determined that a child receiving child care from a child care facility or a child care home
 
from a person who receives public funding for providing child care or an individual residing with that person, is the victim of founded child abuse committed by an employee, license or registration holder, child care home provider, or resident of the child care facility or child care home for which a report is placed in the central registry pursuant to section 232.71D, the administrator shall provide notification at the time of the determination to the parents, guardians, and custodians of children receiving care from the child care facility or child care home
 
person who receives public funding for providing child care. A notification made under this paragraph shall identify the type of abuse but shall not identify the victim or perpetrator or circumstances of the founded abuse.
    Sec. 18.  Section 237A.12, subsection 1, paragraph c, Code Supplement 2011, is amended to read as follows:
   c.  The adequacy of activity programs and food services available to the children. The department shall not restrict the use of or apply nutritional standards to a lunch or other meal which is brought to the center, child development home, or child care home
 
facility by a school-age child for the child’s consumption.
    Sec. 19.  Section 237A.13, subsection 2, Code 2011, is amended to read as follows:
   2.  Services under the program may be provided in
 
by a licensed child care center, a child development home, the home of a relative, the child’s own home
 
by a relative or by a provider who is licensed under this chapter, a child care home, or in a facility exempt from licensing or registration
 
under the definition of child care in section 237A.1.
    Sec. 20.  Section 237A.19, subsection 2, Code 2011, is amended to read as follows:
   2.  If registration is required under section 237A.3A, a
 
A person who establishes, conducts, manages, or operates a child development home without registering or a person who operates a child development home contrary to section 237A.5,
 
or a person who has been prohibited by the department from involvement with child care but continues that involvement, commits a simple misdemeanor. Each day of continuing violation after conviction, or notice from the department by certified mail of the violation, is a separate offense. A single charge alleging continuing violation may be made in lieu of filing charges for each day of violation.
    Sec. 21.  Section 237A.19, subsection 3, Code 2011, is amended to read as follows:
   3.  A person who establishes, conducts, manages, or operates a child care home in violation of section 237A.3, subsection 2, or a person or program that has been prohibited by the department from involvement with child care but continues that involvement commits a simple misdemeanor. Each day of continuing violation after conviction, or notice from the department by certified mail of the violation, is a separate offense. A single charge alleging continuing violation may be made in lieu of filing charges for each day of violation.
    Sec. 22.  Section 237A.26, subsection 3, paragraph a, Code Supplement 2011, is amended to read as follows:
   a.  Organize assistance to child care homes and child care facilities utilizing training levels based upon the child care providers’ degrees of experience and interest.
    Sec. 23.  Section 237A.26, subsection 6, paragraph a, Code Supplement 2011, is amended to read as follows:
   a.  Assist families in selecting quality child care. The agency must provide referrals to registered and licensed child care facilities, and to persons providing care, supervision, and guidance of a child which is not defined as child care under section 237A.1 and may provide referrals to unregistered providers.
    Sec. 24.  Section 237A.26, subsection 8, Code Supplement 2011, is amended to read as follows:
   8.  For purposes of improving the quality and consistency of data collection, consultation, and other support to child care home and child development home providers, a resource and referral services agency grantee shall coordinate and assist with publicly and privately funded efforts administered at the community level to provide the support. The support and efforts addressed by a grantee may include but are not limited to community-funded child care home and child development home consultants. Community members involved with the assistance may include but are not limited to the efforts of an early childhood Iowa area board under chapter 256I, and of community representatives of education, health, human services, business, faith, and public interests.
    Sec. 25.  REPEAL.  Section 237A.3, Code 2011, is repealed.

DIVISION II

SCHOOL AID PROVISIONS
    Sec. 26.  Section 257.2, subsection 1, Code 2011, is amended to read as follows:
   1.  “Allowable growth” means the amount by which state cost per pupil and district cost per pupil will increase from one budget year to the next
 
as a result of the state percent of growth or the categorical state percent of growth.
    Sec. 27.  Section 257.2, subsection 5, Code 2011, is amended to read as follows:
   5.  “Combined district cost per pupil” is an amount determined by adding together the regular program district cost per pupil for a year and the special education support services district cost per pupil for that year as calculated under section 257.10.
    Sec. 28.  Section 257.9, subsections 7 and 10, Code 2011, are amended to read as follows:
   7.  Professional development supplement state cost per pupil.
   a.  For the budget year beginning July 1, 2009, for the professional development supplement state cost per pupil, the department of management shall add together the professional development allocation made to each district for the fiscal year beginning July 1, 2008, pursuant to section 284.13, subsection 1, paragraph “d”, Code 2009, and divide that sum by the statewide total budget enrollment for the fiscal year beginning July 1, 2009.
   b.  The professional development supplement state cost per pupil for the budget year beginning July 1, 2010, and succeeding budget years
 
beginning before July 1, 2012, shall be the amount calculated by the department of management under this subsection for the base year plus an allowable growth amount that is equal to the professional development supplement categorical state percent of growth, pursuant to section 257.8, subsection 2, for the budget year, multiplied by the amount calculated by the department of management under this subsection for the base year.
   c.  The professional development supplement state cost per pupil for the budget year beginning July 1, 2012, shall be the amount calculated by the department of management under this subsection for the base year, plus sixty dollars, plus an allowable growth amount that is equal to the professional development supplement categorical state percent of growth, pursuant to section 257.8, subsection 2, for the budget year, multiplied by the amount calculated by the department of management under this subsection for the base year.
   d.  The professional development supplement state cost per pupil for the budget year beginning July 1, 2013, and succeeding budget years, shall be the amount calculated by the department of management under this subsection for the base year plus an allowable growth amount that is equal to the professional development supplement categorical state percent of growth, pursuant to section 257.8, subsection 2, for the budget year, multiplied by the amount calculated by the department of management under this subsection for the base year.
   10.  Area education agency professional development supplement state cost per pupil.
   a.  For the budget year beginning July 1, 2009, for the area education agency professional development supplement state cost per pupil, the department of management shall add together the professional development allocation made to each area education agency for the fiscal year beginning July 1, 2008, pursuant to section 284.13, subsection 1, paragraph “d”, Code 2009, and divide that sum by the statewide special education support services weighted enrollment for the fiscal year beginning July 1, 2009.
   b.  The area education agency professional development supplement state cost per pupil for the budget year beginning July 1, 2010, and succeeding budget years
 
beginning before July 1, 2012, shall be the amount calculated by the department of management under this subsection for the base year plus an allowable growth amount that is equal to the professional development supplement categorical state percent of growth, pursuant to section 257.8, subsection 2, for the budget year, multiplied by the amount calculated by the department of management under this subsection for the base year.
   c.  The area education agency professional development supplement state cost per pupil for the budget year beginning July 1, 2012, shall be the amount calculated by the department of management under this subsection for the base year, plus three dollars, plus an allowable growth amount that is equal to the professional development supplement categorical state percent of growth, pursuant to section 257.8, subsection 2, for the budget year, multiplied by the amount calculated by the department of management under this subsection for the base year.
   d.  The area education agency professional development supplement state cost per pupil for the budget year beginning July 1, 2013, and succeeding budget years, shall be the amount calculated by the department of management under this subsection for the base year plus an allowable growth amount that is equal to the professional development supplement categorical state percent of growth, pursuant to section 257.8, subsection 2, for the budget year, multiplied by the amount calculated by the department of management under this subsection for the base year.
    Sec. 29.  Section 257.10, subsection 10, paragraph a, Code 2011, is amended to read as follows:
   a.
  (1)  For the budget year beginning July 1, 2009, the department of management shall divide the professional development allocation made to each district for the fiscal year beginning July 1, 2008, pursuant to section 284.13, subsection 1, paragraph “d”, Code 2009, by the district’s budget enrollment in the fiscal year beginning July 1, 2009, to determine the professional development supplement cost per pupil.
   (2)  For the budget year beginning July 1, 2010, and succeeding budget years
 
beginning before July 1, 2012, the professional development supplement district cost per pupil for each school district for a budget year is the professional development supplement district cost per pupil for the base year plus the professional development supplement state allowable growth amount for the budget year.
   (3)  For the budget year beginning July 1, 2012, the professional development supplement district cost per pupil for each school district for a budget year is the professional development supplement district cost per pupil for the base year plus the professional development supplement state allowable growth amount for the budget year, plus sixty dollars.
   (4)  For the budget year beginning July 1, 2013, and succeeding budget years, the professional development supplement district cost per pupil for each school district for a budget year is the professional development supplement district cost per pupil for the base year plus the professional development supplement state allowable growth amount for the budget year.
    Sec. 30.  Section 257.37A, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.
  (1)  For the budget year beginning July 1, 2009, the department of management shall divide the area education agency professional development supplement made to each area education agency for the fiscal year beginning July 1, 2008, pursuant to section 284.13, subsection 1, paragraph “d”, Code 2009, by the special education support services weighted enrollment in the fiscal year beginning July 1, 2009, to determine the professional development supplement cost per pupil.
   (2)  For the budget year beginning July 1, 2010, and succeeding budget years
 
beginning before July 1, 2012, the area education agency professional development supplement district cost per pupil for each area education agency for a budget year is the area education agency professional development supplement district cost per pupil for the base year plus the area education agency professional development supplement state allowable growth amount for the budget year.

   (3)  For the budget year beginning July 1, 2012, the area education agency professional development supplement district cost per pupil for each area education agency for a budget year is the area education agency professional development supplement district cost per pupil for the base year plus the area education agency professional development supplement state allowable growth amount for the budget year, plus three dollars.
   (4)  For the budget year beginning July 1, 2013, and succeeding budget years, the area education agency professional development supplement district cost per pupil for each area education agency for a budget year is the area education agency professional development supplement district cost per pupil for the base year plus the area education agency professional development supplement state allowable growth amount for the budget year.
    Sec. 31.  Section 284.6, subsections 3 and 8, Code Supplement 2011, are amended to read as follows:
   3.  A school district shall incorporate a district professional development plan into the district’s comprehensive school improvement plan submitted to the department in accordance with section 256.7, subsection 21. The district professional development plan shall include a description of the means by which the school district will provide access to all teachers in the district to professional development programs or offerings that meet the requirements of subsection 1. The plan shall align all professional development with the school district’s long-range student learning goals and the Iowa teaching standards. The plan shall indicate the school district’s approved professional development provider or providers. 
 
The plan shall provide, for the fiscal year beginning July 1, 2012, and each fiscal year thereafter, an amount of time for professional development equivalent to the amount of time the school district provided for professional development for teachers for the 2011-2012 school year plus the equivalent of at least three additional contract days.
   8.
  a.  For each year in which a school district receives
 
and area education agency receive funds calculated and paid to school districts
 
and area education agencies for professional development pursuant to section 257.10, subsection 10, or section 257.37A, subsection 2, the school district
 
and area education agency shall create quality professional development opportunities. The goal for the use of the funds is to provide one additional contract day or the equivalent thereof for professional development and use of the funds is limited to providing professional development to teachers, including additional salaries for time beyond the normal negotiated agreement; pay for substitute teachers, professional development materials, speakers, and professional development content; and costs associated with implementing the individual professional development plans. The use of the funds shall be balanced between school district, attendance center, and individual professional development plans, making every reasonable effort to provide equal access to all teachers.
   b.  For the fiscal year beginning July 1, 2012, and each succeeding fiscal year in which a school district and area education agency receive funds calculated and paid to school districts and area education agencies for professional development pursuant to section 257.10, subsection 10, or section 257.37A, subsection 2, the school district and area education agency shall provide an amount of time for professional development equivalent to the amount of time the school district and area education agency provided for professional development for teachers for the 2011-2012 school year plus the equivalent of at least three additional contract days.
    Sec. 32.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this division of this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this division of this Act by and enforcement of this division of this Act against all affected school districts.

DIVISION III

GENERAL EDUCATION PROVISIONS
    Sec. 33.  Section 256C.5, subsection 1, paragraph c, Code Supplement 2011, is amended to read as follows:
   c.  “Preschool budget enrollment” means the figure that is equal to fifty
 
sixty percent of the actual enrollment of eligible students in the preschool programming provided by a school district approved to participate in the preschool program on October 1 of the base year, or the first Monday in October if October 1 falls on a Saturday or Sunday.
    Sec. 34.  Section 257.31, subsection 5, unnumbered paragraph 1, Code Supplement 2011, is amended to read as follows:
   If a district has unusual circumstances, creating an unusual need for additional funds, including but not limited to the circumstances enumerated in paragraphs “a” through “n”
 
“o”, the committee may grant supplemental aid to the district from any funds appropriated to the department of education for the use of the school budget review committee for the purposes of this subsection. The school budget review committee shall review a school district’s unexpended fund balance prior to any decision regarding unusual finance circumstances. Such aid shall be miscellaneous income and shall not be included in district cost. In addition to or as an alternative to granting supplemental aid the committee may establish a modified allowable growth for the district by increasing its allowable growth. The school budget review committee shall review a school district’s unspent balance prior to any decision to increase modified allowable growth under this subsection.
    Sec. 35.  Section 257.31, subsection 5, Code Supplement 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  o.  Unusual need for additional funds for returning dropout and dropout prevention programming pursuant to section 257.41, subsection 1.
    Sec. 36.  Section 257.38, subsection 2, Code 2011, is amended to read as follows:
   2.  Program plans shall identify the parts of the plan that will be implemented first upon approval of the request. If a district is requesting to use modified allowable growth to finance the program, the school district shall not identify more than five
 
seven percent of its budget enrollment for the budget year as returning dropouts and potential dropouts.
    Sec. 37.  Section 257.41, Code 2011, is amended to read as follows:
   257.41  Funding for programs for returning dropouts and dropout prevention.

   1.  Budget.  a. The budget of an approved program for returning dropouts and dropout prevention for a school district, after subtracting funds received from other sources for that purpose, shall be funded annually on a basis of one-fourth or more from the district cost of the school district and up to three-fourths by an increase in allowable growth as defined in section 257.8. Annually, the department of management shall establish a modified allowable growth for each such
 
school district equal to the difference between the approved budget for the program for returning dropouts and dropout prevention for that district and the sum of the amount funded from the district cost of the school district plus funds received from other sources.
   b.  If the board of directors of a school district determines that funding provided under paragraph “a” is insufficient to meet the returning dropout and dropout prevention programming needs of the school district, the board may submit a request for additional modified allowable growth to the school budget review committee under section 257.31, subsection 5, paragraph “o”.
   2.  Appropriate uses of funding.  Appropriate uses of the returning dropout and dropout prevention program funding include but are not limited to the following:
   a.  Salary and benefits for instructional staff, instructional support staff, and school-based youth services staff who are working with students who are participating in dropout prevention programs, alternative programs, and alternative schools if the staff person’s time is dedicated to working with returning dropouts or students who are deemed, at any time during the school year, to be at risk of dropping out, in order to provide services beyond those services which are provided by the school district to students who are not identified as at risk of dropping out. However, if the staff person works part-time with students who are participating in returning dropout and dropout prevention programs, alternative programs, and alternative schools and has another unrelated staff assignment, only the portion of the staff person’s time that is related to the returning dropout and dropout prevention program, alternative program, or alternative school may be charged to the program.
   b.  Professional development for all teachers and staff working with at-risk students and programs involving dropout prevention strategies.
   c.  Research-based resources, materials, software, supplies, and purchased services that meet all of the following criteria:
   (1)  Meet the needs of kindergarten through grade twelve students identified as at risk of dropping out and of returning dropouts.
   (2)  Are beyond those provided by the regular school program.
   (3)  Are necessary to provide the services listed in the school district’s dropout prevention plan.
   (4)  Will remain with the kindergarten through grade twelve returning dropout and dropout prevention program.

   d.  Up to five percent of the total budgeted amount received pursuant to subsection 1, paragraph “a”, may be used for purposes of providing district-wide or building-wide returning dropout and dropout prevention programming targeted to students who are not deemed at risk of dropping out.
    Sec. 38.  Section 260C.18A, subsection 2, Code Supplement 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  j.  Development and implementation of the national career readiness certificate and the skills certification system endorsed by the national association of manufacturers.
    Sec. 39.  Section 260H.2, Code Supplement 2011, is amended to read as follows:
   260H.2  Pathways for academic career and employment program
 
—— fund —— appropriation.
   1.  Program established.  A pathways for academic career and employment program is established to provide funding to community colleges for the development of projects in coordination with the economic development authority, the department of education, Iowa workforce development, regional advisory boards established pursuant to section 84A.4, and community partners to implement a simplified, streamlined, and comprehensive process, along with customized support services, to enable eligible participants to acquire effective academic and employment training to secure gainful, quality, in-state employment.
   2.  Fund created.   A pathways for academic career and employment fund is created in the state treasury under the control of the department of education consisting of moneys appropriated to the department for purposes of funding the cost of projects under the program established pursuant to subsection 1. Notwithstanding section 8.33, moneys in the fund at the end of a fiscal year shall not revert to the general fund of the state but shall be used for purposes of the fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
   3.  Fund appropriation.  There is appropriated from the general fund of the state to the pathways for academic career and employment fund for the fiscal year beginning July 1, 2012, and each succeeding fiscal year, the sum of three million dollars for purposes of implementing the pathways for academic career and employment program in accordance with this section.
    Sec. 40.  NEW SECTION.  260I.12  Gap tuition assistance fund —— appropriation.
   1.  A gap tuition assistance fund is created in the state treasury under the control of the department of education for purposes of the gap tuition assistance program established in section 260I.2. Notwithstanding section 8.33, moneys in the fund at the end of a fiscal year shall not revert to the general fund of the state but shall be used for purposes of the fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
   2.  There is appropriated from the general fund of the state to the gap tuition assistance fund for the fiscal year beginning July 1, 2012, and each succeeding fiscal year, the sum of two million dollars for the purposes of implementing the gap tuition assistance program pursuant to this chapter.
    Sec. 41.  Section 272.9A, subsections 1 and 3, Code 2011, are amended to read as follows:
   1.  Beginning July 1, 2007, requirements
 
Requirements for administrator licensure beyond an initial license shall include completion
 
the following:
   a.  Completion
 
of a beginning administrator mentoring and induction program and demonstration of competence on the administrator standards adopted pursuant to section 284A.3.
   b.  At least five years of successful classroom experience as a licensed teacher.
   3.
  a.  An administrator formerly employed by an accredited nonpublic school or formerly employed as an administrator in another state or country is exempt from the mentoring and induction requirement under subsection 1 if the administrator can document two years of successful administrator experience, at least five years of successful classroom experience as a licensed teacher, and meet or exceed the requirements contained in rules adopted pursuant to this chapter for endorsement and licensure. However, if
   b.  If
 
an administrator cannot document two years of successful administrator experience
 
meet the requirements of paragraph “a” when hired by a school district, the administrator shall meet the requirements of subsection 1.
    Sec. 42.  Section 299.1A, Code 2011, is amended to read as follows:
   299.1A  Compulsory attendance age.
   A child who has reached the age of six and is under sixteen
 
eighteen years of age by September 15 is of compulsory attendance age. However, if a child enrolled in a school district or accredited nonpublic school reaches the age of sixteen eighteen
 
on or after September 15, the child remains of compulsory age until the end of the regular school calendar.
    Sec. 43.  Section 299.1B, Code 2011, is amended to read as follows:
   299.1B  Failure to attend —— driver’s license.
   A person who
 
is of compulsory attendance age, is not exempt under section 299.2, and does not attend a public school, an accredited nonpublic school, competent private instruction in accordance with the provisions of chapter 299A, an alternative school, or adult education classes shall not receive an intermediate or full driver’s license until age eighteen.
    Sec. 44.  NEW SECTION.  299.14  School district dropout prevention measures.
   1.  The board of directors of each school district shall take every opportunity to prevent students from dropping out of school. Actions which a school district may take to prevent students from dropping out of school include but are not limited to general education interventions, alternative program placement, alternative school placement, provision of support and supplemental services, individual and family intervention or therapy, truancy mediation, and coordination with other student support services.
   2.  The board of directors of each school district shall make every effort to align and maximize funding streams that may be used to support students who are at risk of dropping out of school.
    Sec. 45.  Section 321.213B, Code 2011, is amended to read as follows:
   321.213B  Suspension for failure to attend.
   1.  The department shall establish procedures by rule for suspending the license of a juvenile who has been issued a driver’s license and is not in compliance with the requirements of section 299.1B or issuing the juvenile a restricted license under section 321.178.
   2.  Upon receipt of proof of high school graduation from a person whose intermediate or full driver’s license was suspended or revoked pursuant to section 299.1B, the department may reinstate the person’s license. Notwithstanding section 321.191, subsection 8, the fee for reinstatement of a license pursuant to this subsection shall be twenty-five dollars.
    Sec. 46.  Section 422.11S, subsection 7, paragraph a, subparagraph (2), Code Supplement 2011, is amended to read as follows:
   (2)  “Total approved tax credits” means for the tax year beginning in the 2006 calendar year, two million five hundred thousand dollars, for the tax year beginning in the 2007 calendar year, five million dollars, and for tax years beginning on or after January 1, 2008, seven million five hundred thousand dollars. However, for tax years beginning on or after January 1, 2012, and only if legislation is enacted by the Eighty-fourth General Assembly, 2011 session, amending section 257.8, subsections 1 and 2, to establish both the state percent of growth and the categorical state percent of growth for the budget year beginning July 1, 2012, at two percent, “total approved tax credits” means eight million seven hundred fifty thousand dollars, and for tax years beginning on or after January 1, 2014, ten million dollars.
    Sec. 47.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this division of this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16 and moneys appropriated in this division of this Act. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this division of this Act by and enforcement of this division of this Act against all affected school districts.
    Sec. 48.  EFFECTIVE UPON ENACTMENT.  The section of this division of this Act amending section 256C.5, subsection 1, takes effect upon enactment.
    Sec. 49.  APPLICABILITY.  The section of this division of this Act amending section 256C.5, subsection 1, applies to budget years beginning on or after July 1, 2012.

DIVISION IV

APPROPRIATIONS
    Sec. 50.  There is appropriated from the general fund of the state to the department of education for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  EARLY CHILDHOOD IOWA FUND —— FAMILY SUPPORT AND PARENT EDUCATION
   For deposit in the school ready children grants account of the early childhood Iowa fund created in section 256I.11:
.................................................. $ 22,364,434
   The amount appropriated in this subsection shall be used for family support services and parent education programs targeted to families expecting a child or with newborn and infant children through age five and shall be distributed using the distribution formula approved by the early childhood Iowa state board and shall be used by an early childhood Iowa area board only for family support services and parent education programs targeted to families expecting a child or with newborn and infant children through age five.
   2.  AFTER SCHOOL PILOT PROGRAM
   For implementation of after school pilot programs at the 10 school district attendance centers whose average composite scores on the Iowa test of educational development accounted for the lowest average composite scores for attendance centers statewide in subject areas and at grade levels as determined by the department:
.................................................. $  1,000,000
   a.  The department shall work with each school district that has such a low-performing attendance center to implement an after school pilot program at the attendance center. The amount of a grant awarded to a school district to implement the pilot program at the school district’s attendance center in accordance with this subsection shall be not less than $100,000. Moneys appropriated pursuant to this subsection may be expended for purposes that include but are not limited to tutoring and supplementing instruction in basic skills, such as reading, math, and science; drug and violence prevention curricula and counseling; youth leadership activities; volunteer and service learning opportunities, including but not limited to providing health care services for pilot program volunteers who until retirement were employed full-time by the state or a political subdivision as police or fire fighters or to provide human services programs and services to the public; career and vocational awareness preparation; courses and enrichment in arts and culture; computer instruction; character development and civic participation; language instruction, including English as a second language; mentoring; positive interaction with law enforcement; supervised recreation programs; and health and nutrition programs. The department and each participating school district shall make every effort to leverage additional funding from other public and private sources to support the pilot program.
   b.  Upon completion of the pilot program, each participating school district shall submit a report to the department regarding the impact of the program on student academic achievement. The department shall prepare a report summarizing these results, and compare them to student academic achievement gains in similar attendance centers in school districts that did not participate in the program. The department shall submit its report, including its findings and recommendations, to the general assembly by July 1, 2015.
   3.  EDUCATION PROGRAM EFFECTIVENESS STUDY
   For issuance of a contract to study the effectiveness of the state’s prekindergarten through grade 12 educational program provided pursuant to section 256.11:
.................................................. $    250,000
   The department shall conduct a study of the effectiveness of the educational program offered by school districts as required pursuant to section 256.11. The department shall issue a request for proposals to select a qualified provider who shall track from age 18 to age 21 a random sampling of students who were enrolled only in Iowa school districts until high school graduation. The department shall submit a copy of the provider’s report, along with the department’s findings and recommendations, to the general assembly not later than October 1, 2017.
   4.  HIGH SCHOOL EQUIVALENCY DIPLOMAS —— ADULT BASIC EDUCATION AND LITERACY
   For purposes of administering, providing test materials, scoring of examinations, and issuance of high school equivalency diplomas under chapter 259A; adult basic education programs offered by community colleges; and the continued implementation of the adult literacy for the workforce in Iowa program administered by the department:
.................................................. $  1,500,000
   5.  STATEWIDE WORK-BASED LEARNING INTERMEDIARY NETWORK FUND
   For deposit in the statewide work-based learning intermediary network fund created in section 256.40:
.................................................. $  1,500,000
   6.  WORKFORCE TRAINING AND ECONOMIC DEVELOPMENT FUNDS
   For deposit in the workforce training and economic development funds created pursuant to section 260C.18A:
.................................................. $ 12,000,000
EXPLANATION
   This bill modifies Iowa’s human services and education systems to ensure that children start school ready to learn and to increase Iowa’s student achievement rates.
   DIVISION I. The bill requires registration of home child care providers. Code section 237A.1, providing definitions, is amended to define the term “relative” to mean an adult person who is, or was at any time, one of a child’s relatives that is listed in the bill, by means of blood relationship, marriage, or adoption, or is a spouse of one of the relatives listed in the bill. The list of relatives includes siblings, grandparents, cousins, aunts, and uncles.
   Under current law in Code section 237A.3, a person or program providing child care to five children or fewer at any one time is a child care home provider and is not required to register under Code section 237A.3A as a child development home. The bill repeals Code section 237A.3 and revises the definition of child development home to mean care provided to one or more children. The bill provides an exemption to the registration requirement for a relative who provides child care to only related children or a person providing child care to only children from a single unrelated family.
   References to the term “child care home” are eliminated in various Code provisions.
   DIVISION II. The bill provides for an increase in the amount generated by the professional development supplement categorical under the school aid formula, calculated to provide school districts with funding for three additional days of professional development, which the bill directs school districts to include in their district professional development plan. The bill includes technical and conforming changes.
   The division may include a state mandate as defined in Code section 25B.3. The division requires that the state cost of any state mandate included in the division be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the division.
   DIVISION III. The bill amends the term “preschool budget enrollment”, effective upon enactment, to mean 60 percent of the actual enrollment of eligible students in the preschool programming provided by a school district for budget years beginning July 1, 2012. The general assembly reduced the percentage amount from 60 percent to 50 percent in the 2011 legislative session for budget years beginning on or after July 1, 2011. The term “preschool budget enrollment” is used in determining the amount of preschool foundation aid a school district may receive.
   The bill increases from five to seven the percentage of its budget enrollment that the district identifies as returning dropouts and potential dropouts when requesting to use modified allowable growth to finance programs for returning dropouts and dropout prevention. The bill also specifies the appropriate uses of such funding by school districts, including salary and benefits for instructional staff, instructional support staff, and school-based youth services staff who are working with students who are participating in dropout prevention programs, alternative programs, and alternative schools if the staff person’s time is dedicated to working with returning dropouts or students who are deemed to be at risk of dropping out, to provide services beyond those provided by the school district to students generally; professional development for all teachers and staff working with at-risk students and programs involving dropout prevention strategies; and research-based resources, materials, software, supplies, and purchased services that meet criteria specified in the bill.
   The bill allows the school board to submit a request to the school budget review committee for additional modified allowable growth if the funds generated under Code section 257.41 are insufficient to meet the dropout programming needs of the district. The bill also permits school districts to use up to 5 percent of the total amount of the funds received that are generated by a formula established in Code, for purposes of providing district-wide or building-wide returning dropout and dropout prevention programming targeted to students who are not deemed at risk of dropping out.
   The bill creates two funds in the state treasury under the control of the department of education: (1) The pathways for academic career and employment fund for projects developed under the pathways for academic career and employment program and provides a standing appropriation of $3 million to the fund; and (2) A gap tuition assistance fund for purposes of the gap tuition assistance program, and provides a standing appropriation of $2 million to the fund.
   The bill also allows funds in the workforce training and economic development funds to be used for development and implementation of the national career readiness certificate and the skills certification system endorsed by the national association of manufacturers.
   The bill increases administrator licensing requirements by providing that applicants for a standard license must have at least five years of successful classroom experience as a licensed teacher.
   The bill requires that a school district’s professional development plan provide, beginning July 1, 2012, and each year thereafter, three more contract days for professional development than the district provided in school year 2011-2012.
   The bill raises the compulsory school attendance age from 16 to 18. The bill requires each school district to make every effort to prevent students from dropping out of school, and to align and maximize funding streams that may be used to support students who are at risk of dropping out of school.
   The bill includes technical amendments to eliminate a reference to the compulsory attendance age for purposes of dual enrollment.
   The department of transportation is directed to reinstate, upon receipt of proof of high school graduation from a person whose intermediate or full driver’s license was suspended or revoked because the person was truant, the person’s license for a fee of $25, notwithstanding a current Code provision that permits the department to charge a fee of $20 for reinstatement of a license.
   The total approved amount of school tuition organization tax credits for tax years beginning on or after January 1, 2012, is currently $8.75 million. The bill sets the amount for tax years beginning on or after January 1, 2014, at $10 million.
   The division may include a state mandate as defined in Code section 25B.3. The division requires that the state cost of any state mandate included in the division be paid by a school district from state school foundation aid received by the school district under Code section 257.16 and moneys appropriated in the division. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the division.
   DIVISION IV. The bill appropriates for the 2012-2013 fiscal year $22,364,434 to the department of education for deposit in the school ready children grants account of the early childhood Iowa fund. As in years past, the amount appropriated must be used for family support services and parent education programs targeted to families expecting a child or with newborn and infant children through age five and shall be distributed using the distribution formula approved by the early childhood Iowa state board and shall be used by an early childhood Iowa area board only for family support services and parent education programs targeted to families expecting a child or with newborn and infant children through age five.
   The bill also appropriates $1 million to the department for FY 2012-2013 for implementation of after school pilot programs at the 10 school district attendance centers whose average composite scores on the Iowa test of educational development accounted for the lowest average composite scores for attendance centers statewide in subject areas and at grade levels as determined by the department. Moneys appropriated may be expended for the same purposes as provided under a before and after school grant program established in Code section 256.26, but may also be used to provide health care services for pilot program volunteers who until retirement were employed full-time by the state or a political subdivision as police or fire fighters or to provide human services programs and services to the public. The department shall prepare a report summarizing the pilot program results and comparing them to student academic achievement gains in similar attendance centers in school districts that did not participate in the program, and shall submit the report to the general assembly by July 1, 2015.
   In addition, the bill appropriates $250,000 to the department for issuance of a contract to study the effectiveness of the state’s prekindergarten through grade 12 educational program. The department shall issue a request for proposals to select a qualified provider who shall track from age 18 to age 21 a random sampling of students who were enrolled only in Iowa school districts until high school graduation. The department shall submit a copy of the provider’s report, along with the department’s findings and recommendations, to the general assembly not later than October 1, 2017.
   Finally, the bill appropriates from the general fund of the state to the department of education for the 2012-2013 fiscal year $1.5 million for purposes of administering, providing test materials, scoring of examinations, and issuance of high school equivalency diplomas under Code chapter 259A, adult basic education programs offered by community colleges, and the continued implementation of the adult literacy for the workforce in Iowa program administered by the department; $1.5 million for deposit in the statewide work-based learning intermediary network fund; and $12 million to the workforce training and economic development funds.