Senate File 256 - Introduced SENATE FILE 256 BY McCOY A BILL FOR An Act relating to school reorganization by establishing an 1 office of county school superintendent in each county, 2 requiring the reorganization of certain school districts and 3 the approval of certain expenditures of supplemental school 4 infrastructure revenues, and including effective date and 5 applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 2338XS (5) 84 kh/rj

S.F. 256 Section 1. Section 73.18, Code 2011, is amended to read as 1 follows: 2 73.18 Notice of solicitation for bids —— identification of 3 targeted small businesses. 4 The director of each agency or department, the administrator 5 of each area education agency, the president of each community 6 college, and the each county school superintendent of each 7 school district releasing a solicitation for bids or request 8 for proposal under the targeted small business procurement goal 9 program shall consult a directory of certified targeted small 10 businesses produced by the department of economic development 11 that lists all certified targeted small businesses by category 12 of goods or services provided prior to or upon release of the 13 solicitation and shall send a copy of the request for proposal 14 or solicitation to any appropriate targeted small business 15 listed in the directory. The Iowa department of economic 16 development may charge the department, agency, area education 17 agency, community college, or school district a reasonable fee 18 to cover the cost of producing, distributing, and updating the 19 directory. 20 Sec. 2. Section 273.3, subsection 11, Code 2011, is amended 21 to read as follows: 22 11. Employ personnel to carry out the functions of the 23 area education agency which shall include the employment of 24 an administrator who shall possess a license issued under 25 chapter 272 . The administrator shall be employed pursuant 26 to section 279.20 and sections 279.23 , 279.24 , and 279.25 . 27 The board’s initial contract with an administrator shall not 28 exceed one year if the board is obligated to pay a former 29 administrator under an unexpired contract. The salary for an 30 area education agency administrator shall be established by 31 the board based upon the previous experience and education of 32 the administrator. The administrator shall be the executive 33 officer of the board and have such powers and duties as may be 34 prescribed by rules adopted by the board or by law. Boards of 35 -1- LSB 2338XS (5) 84 kh/rj 1/ 13

S.F. 256 directors may jointly exercise the powers conferred by this 1 subsection. Section 279.13 applies to the area education 2 agency board and to all teachers employed by the area education 3 agency. Sections 279.23 , 279.24 , and 279.25 apply to the area 4 education board and to all administrators employed by the area 5 education agency. 6 Sec. 3. Section 273.23, subsection 4, Code 2011, is amended 7 to read as follows: 8 4. The initial board of the newly formed district shall 9 appoint an acting administrator and an acting board secretary. 10 The appointment of the acting administrator shall not be 11 subject to the continuing contract provisions of sections 12 279.20 , 279.23 , and 279.24 . 13 Sec. 4. NEW SECTION . 273A.1 Definitions. 14 As used in this chapter, unless the context otherwise 15 requires: 16 1. “Boards” means the boards of directors of the school 17 districts administered by the office of county school 18 superintendent. 19 2. “Office” means the office of county school superintendent 20 established pursuant to section 273A.2. 21 3. “Superintendent” or “county school superintendent” means 22 a person who is licensed as a superintendent under chapter 272 23 and is employed as a school administrator for the county office 24 established pursuant to section 273A.2. 25 Sec. 5. NEW SECTION . 273A.2 Office of county school 26 superintendent —— established. 27 1. An office of county school superintendent is established 28 in each county which shall provide superintendent services, 29 personnel services, business management services, specialized 30 maintenance services, community relations services, and 31 transportation services to all school districts located within 32 the boundaries of the county except as provided in subsection 33 2. 34 2. For purposes of this chapter, a school district located 35 -2- LSB 2338XS (5) 84 kh/rj 2/ 13

S.F. 256 in more than one county shall be administered by the office 1 of county school superintendent in the county in which the 2 school district’s greatest taxable property base is located. 3 If the school district’s greatest taxable property base shifts 4 in future years to another county, the board of directors of 5 the school district may elect to remain with the original 6 office of county school superintendent or to join the office of 7 county school superintendent of the county in which the school 8 district’s current greatest taxable property base is located. 9 3. The county school superintendent shall employ personnel 10 and assign the duties and responsibilities of the office. 11 For every eight thousand students enrolled in the school 12 districts administered by the office, the county school 13 superintendent shall employ not more than one individual in 14 each of the following positions: assistant county school 15 superintendent, chief financial officer, chief operating 16 officer, human resources director, community relations 17 director, transportation director, and legal counsel. 18 4. The county school superintendent shall recommend to 19 the boards the budget for the operation of the office. Based 20 on the enrollment of each school district administered by 21 the office, the county school superintendent shall determine 22 the amount each school district shall pay for the office’s 23 operations based upon the proportion that the enrollment of 24 a district bears to the sum of the enrollments of all school 25 districts administered by the office as reported for the base 26 year. 27 5. A county school superintendent appointed pursuant 28 to this chapter shall serve a term of not more than three 29 years. If a vacancy is not filled by the boards within forty 30 days, the director of the department of education, subject to 31 the approval of the state board of education, shall appoint 32 an acting county school superintendent who shall serve the 33 remainder of the term vacated or until the boards appoint a 34 county school superintendent in accordance with section 273A.3, 35 -3- LSB 2338XS (5) 84 kh/rj 3/ 13

S.F. 256 whichever occurs first. 1 Sec. 6. NEW SECTION . 273A.3 Boards of directors of school 2 districts —— powers and duties. 3 1. The boards of the school districts administered by an 4 office of county school superintendent shall jointly exercise 5 the powers conferred by this section. The boards, by a 6 majority vote of each board’s members, shall jointly do all of 7 the following: 8 a. Appoint and fix the compensation of the county school 9 superintendent. The superintendent shall be employed pursuant 10 to sections 279.23 through 279.25 except that the boards shall 11 act jointly to contract with, establish evaluation criteria and 12 procedures for, or discharge a superintendent. 13 b. Determine and approve the powers and duties of the county 14 school superintendent in addition to those specified in section 15 273A.4. 16 c. Approve the curriculum recommended by the county 17 school superintendent in conformity with the core curriculum 18 established pursuant to section 256.7, subsection 26, and the 19 core content standards adopted pursuant to section 256.7, 20 subsection 28. 21 d. Consider and approve the office budget submitted by the 22 county school superintendent. 23 2. The board of directors of a school district may enter 24 into a contract with the office for services in addition to 25 those services the office provides uniformly to all boards. 26 Sec. 7. NEW SECTION . 273A.4 County school superintendent —— 27 powers and duties. 28 The county school superintendent shall do all of the 29 following: 30 1. Act as secretary and executive officer of the boards. 31 2. Maintain records as necessary to administer the school 32 districts administered by the superintendent in accordance 33 with this chapter. Act as custodian of the records, reports, 34 documents, correspondence, or other school property that may be 35 -4- LSB 2338XS (5) 84 kh/rj 4/ 13

S.F. 256 placed in the superintendent’s charge by the boards. 1 3. Advise and counsel the boards. 2 4. Develop short-term and long-term comprehensive school 3 improvement plans. 4 5. Supervise, or arrange for supervision of, instruction in 5 school districts administered by the superintendent. 6 6. Provide or arrange for professional development for 7 practitioners employed by the boards in accordance with 8 chapters 284 and 284A. 9 7. Act as the instructional leader for the county’s school 10 districts and advance instructional excellence throughout the 11 school districts administered by the superintendent. 12 8. Establish policies for admitting, promoting, and 13 graduating students. 14 9. Recommend for adoption by the boards, plans and 15 procedures for enforcement of chapter 299. 16 10. Recommend for approval by the boards, plans to promote 17 and improve the health of students enrolled in the school 18 districts administered by the superintendent. 19 11. Recommend for approval by the boards, plans for the 20 maintenance and improvement of school libraries and school 21 library services. 22 12. Develop, in collaboration with the boards, an adequate, 23 efficient, safe, and economical system for the transportation 24 of students in accordance with chapter 285. 25 13. Assist all boards in making budgets, certifying tax 26 levies, and preparation of financial reports in conformity with 27 generally accepted accounting principles. 28 14. Provide to the boards, or operate upon request by 29 the board of directors of a school district administered 30 by the superintendent, a system of uniform standards and 31 specifications for purchasing. 32 15. Report to the board of educational examiners the 33 nonrenewal or termination of a person’s contract as required 34 pursuant to section 272.15. 35 -5- LSB 2338XS (5) 84 kh/rj 5/ 13

S.F. 256 16. Assist any board of directors of a school district 1 administered by the superintendent, upon request, in 2 considering and investigating the matters set forth in appeals 3 submitted before the board. 4 17. Act as liaison between the department of education and 5 the boards. 6 18. Visit each attendance center in each school district 7 administered by the superintendent at least once during each 8 school year, and as requested by the board of directors of a 9 school district administered by the superintendent or by the 10 director of the department of education. 11 19. Administer and enforce this chapter and the rules 12 adopted by the state board of education and perform acts 13 reasonably necessary to effectuate the purposes of this 14 section. 15 20. Prepare a proposed budget, the certified budget, and any 16 budget amendments for each school district administered by the 17 superintendent in accordance with section 257.7. The office of 18 county school superintendent shall be considered a part of each 19 school district administered by the superintendent. 20 21. To facilitate a reorganization required pursuant to 21 section 275.1, subsection 2, assist, upon request of the 22 school district required to reorganize under section 275.1, 23 subsection 2, in planning and supervising the reorganization 24 of the school district, in consultation and cooperation with 25 the school district and the area education agency in which the 26 school district is located. If the school district elects 27 to reorganize with a school district located in a county 28 contiguous to the school district, the superintendent may 29 coordinate the reorganization process with the office of county 30 school superintendent that administers the contiguous school 31 district. 32 Sec. 8. Section 275.1, subsection 2, Code 2011, is amended 33 to read as follows: 34 2. It is the policy of the state to encourage economical 35 -6- LSB 2338XS (5) 84 kh/rj 6/ 13

S.F. 256 and efficient school districts which will ensure an equal 1 educational opportunity to all children of the state. All 2 areas of the state shall be in school districts maintaining 3 kindergarten and twelve grades. If a school district ceases 4 to maintain kindergarten and twelve grades except as otherwise 5 provided in section 28E.9 , 256.13 , 280.15 , 282.7, subsection 6 1 or subsections 1 and 3 , or section 282.8 , it the school 7 district shall reorganize within six months or the state board 8 of education shall attach the school district not maintaining 9 kindergarten and twelve grades to one or more adjacent 10 districts. Voluntary reorganizations under this chapter 11 shall be commenced only if the affected school districts 12 are contiguous or marginally adjacent to one another. A 13 reorganized district shall meet the requirements of section 14 275.3 . 15 Sec. 9. Section 275.1, Code 2011, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 4. Notwithstanding subsection 2, for any 18 school year beginning on or after July 1, 2015, if a school 19 district has a total enrollment of less than seven hundred 20 fifty students, or if the school district does not operate 21 a secondary school, effective for the next school year, the 22 school district shall reorganize within six months, or the 23 state board shall attach the school district to one or more 24 adjacent districts. 25 Sec. 10. Section 275.3, Code 2011, is amended to read as 26 follows: 27 275.3 Minimum size. 28 No new school district shall be planned by an area education 29 agency board nor shall any proposal for creation or enlargement 30 of any school district be approved by an area education agency 31 board or submitted to electors unless there reside within the 32 proposed limits of such district at least three one thousand 33 two hundred persons of school age who were enrolled in public 34 schools in the preceding school year. Provided, however, 35 -7- LSB 2338XS (5) 84 kh/rj 7/ 13

S.F. 256 that the director of the department of education shall have 1 authority to grant permission to an area education agency board 2 to approve the formation or enlargement of a school district 3 containing a lower school enrollment than required in this 4 section on the written request of such area education agency 5 board if such request is accompanied by evidence tending 6 to show that sparsity of population, natural barriers or 7 other good reason makes it impracticable to meet the school 8 enrollment requirement. 9 Sec. 11. Section 275.25, subsection 6, Code 2011, is amended 10 to read as follows: 11 6. The board of the newly formed district shall appoint 12 an acting superintendent and an acting board secretary. The 13 appointment of the acting superintendent shall not be subject 14 to the continuing contract provisions of sections 279.20 , 15 279.23 , and 279.24 be administered by the office of the county 16 school superintendent in accordance with chapter 273A . 17 Sec. 12. Section 275.41, subsection 5, Code 2011, is amended 18 to read as follows: 19 5. The board of the newly formed district shall appoint 20 an acting superintendent and an acting board secretary. The 21 appointment of the acting superintendent shall not be subject 22 to the continuing contract provision of sections 279.20 , 23 279.23 , and 279.24 be administered by the office of the county 24 school superintendent in accordance with chapter 273A . 25 Sec. 13. Section 275.55, subsection 4, Code 2011, is amended 26 to read as follows: 27 4. The attachment is effective July 1 following its 28 approval. If the dissolution proposal is for the dissolution 29 of a school district with a certified enrollment of fewer than 30 six seven hundred fifty in grades nine through twelve, or if 31 the school district does not operate a secondary school , the 32 territory located in the school district that dissolved is 33 eligible, if approved by the director of the department of 34 education, for a reduction in the foundation property tax levy 35 -8- LSB 2338XS (5) 84 kh/rj 8/ 13

S.F. 256 under section 257.3, subsection 1 . If the director approves a 1 reduction in the foundation property tax levy as provided in 2 this section , the director shall notify the director of the 3 department of management of the reduction. 4 Sec. 14. Section 279.20, subsection 1, Code 2011, is amended 5 by striking the subsection. 6 Sec. 15. Section 279.23, subsection 1, paragraph a, Code 7 2011, is amended to read as follows: 8 a. The term of employment which for all administrators 9 except for superintendents may be a term of up to two years. 10 Superintendents may be employed under section 279.20 for a term 11 not to exceed three years. 12 Sec. 16. Section 280.14, subsection 2, Code 2011, is amended 13 by striking the subsection. 14 Sec. 17. Section 423E.4, subsection 5, unnumbered paragraph 15 1, Code 2011, is amended to read as follows: 16 A school district with a certified enrollment of fewer 17 than two hundred fifty one thousand pupils in the entire 18 district or certified enrollment of fewer than one four 19 hundred pupils in high school shall not expend the supplemental 20 school infrastructure amount received for new construction or 21 for payments for bonds issued for new construction against 22 the supplemental school infrastructure amount without prior 23 application to the department of education and receipt of a 24 certificate of need pursuant to this subsection . However, 25 a certificate of need is not required for the payment of 26 outstanding bonds issued for new construction pursuant 27 to section 296.1 , before April 1, 2003. A certificate of 28 need is also not required for repairing schoolhouses or 29 buildings, equipment, technology, or transportation equipment 30 for transporting students as provided in section 298.3 , or 31 for construction necessary for compliance with the federal 32 Americans With Disabilities Act pursuant to 42 U.S.C. § 12101 33 – 12117. In determining whether a certificate of need shall 34 be issued or denied, the department shall consider all of the 35 -9- LSB 2338XS (5) 84 kh/rj 9/ 13

S.F. 256 following: 1 Sec. 18. Section 423F.3, subsection 5, unnumbered paragraph 2 1, Code 2011, is amended to read as follows: 3 A school district with a certified enrollment of fewer than 4 two hundred fifty one thousand pupils in the entire district 5 or certified enrollment of fewer than one four hundred pupils 6 in high school shall not expend the amount received for new 7 construction without prior application to the department of 8 education and receipt of a certificate of need pursuant to 9 this subsection . A certificate of need is not required for 10 repairing schoolhouses or buildings, equipment, technology, or 11 transportation equipment for transporting students as provided 12 in section 298.3 , or for construction necessary for compliance 13 with the federal Americans With Disabilities Act pursuant to 42 14 U.S.C. § 12101 – 12117. In determining whether a certificate 15 of need shall be issued or denied, the department shall 16 consider all of the following: 17 Sec. 19. ACTING COUNTY SCHOOL SUPERINTENDENT. The acting 18 county school superintendent who shall initially administer 19 the school districts in a county shall be the superintendent 20 employed by a school district in the county who has the most 21 years of employment as a public school superintendent in the 22 county. The acting county school superintendent shall serve 23 a term of three years or until the boards of directors of the 24 school districts administered by the office of county school 25 superintendent, by majority vote of each board’s members, 26 appoint a county school superintendent in accordance with 27 section 273A.3, subsection 1, paragraph “a”, as enacted in this 28 Act, whichever occurs first. 29 Sec. 20. EFFECTIVE DATE. This Act takes effect July 1, 30 2015. 31 Sec. 21. APPLICABILITY. This Act is applicable to school 32 years beginning on or after that date. 33 EXPLANATION 34 This bill requires the establishment of an office of county 35 -10- LSB 2338XS (5) 84 kh/rj 10/ 13

S.F. 256 school superintendent in each county to provide superintendent, 1 personnel, business management, specialized maintenance, 2 community relations, and transportation services to all 3 school districts located within the boundaries of the county; 4 requires school districts to reorganize within six months if 5 the district’s total enrollment is less than 750 students or if 6 the district does not operate a secondary school; and increases 7 the threshold at which a school district is prohibited from 8 expending supplemental school infrastructure moneys received 9 for new construction from a total enrollment of fewer than 250 10 students to a total enrollment of 1,000, and from a high school 11 enrollment of 100 students to an enrollment of 400 students. 12 COUNTY SCHOOL SUPERINTENDENT. New Code chapter 273A 13 establishes the office of county school superintendent and 14 the administration of school districts located in more than 15 one county, provides for the appointment of the county school 16 superintendent and the employment of personnel, and establishes 17 that for every 8,000 students, the office may employ not 18 more than one individual in each of the following positions: 19 assistant county school superintendent, chief finance officer, 20 chief operating officer, human resources director, community 21 relations director, transportation director, and legal counsel. 22 The bill lists the general powers and duties of the county 23 school superintendent, but permits the boards of the school 24 districts administered by the office to jointly determine and 25 approve additional powers and duties. 26 Based on the enrollment of each school district administered 27 by the office, the county school superintendent must determine 28 the amount each school district shall pay for the office’s 29 operations based upon the proportion that the enrollment of 30 a school district bears to the sum of the enrollments of all 31 school districts administered by the office as reported for the 32 base year. 33 The bill also provides for the powers and duties of the 34 boards of directors of the school districts administered by the 35 -11- LSB 2338XS (5) 84 kh/rj 11/ 13

S.F. 256 office, which include the authority to approve the curriculum 1 recommended by the county school superintendent in conformity 2 with the core curriculum and the core content standards 3 established and adopted by the state board of education. The 4 bill permits a school district board to enter into a contract 5 with the office for services in addition to those services the 6 office provides uniformly to all boards. 7 Under the bill, the acting county school superintendent 8 initially employed by a school district will be the individual 9 who is currently employed by a school district and who has the 10 most years of employment as a public school superintendent 11 in the county. The acting county school superintendent will 12 serve a term of three years or until the school district boards 13 administered by the office jointly appoint a county school 14 superintendent, whichever occurs first. 15 The bill makes a number of conforming changes. The 16 bill strikes a provision that allows an individual who is 17 employed or contracted as a superintendent to also serve as an 18 elementary or secondary principal in the same school or school 19 district. Because the school districts administered by an 20 office, under the bill, will be sharing operational services, 21 the bill also eliminates the supplementary weighting of two 22 hundredths per pupil that school districts may qualify for if 23 they share operational functions with a political subdivision. 24 REORGANIZATION. The bill provides that if a school district 25 with a total enrollment of fewer than 750 students, or a school 26 district that does not operate a secondary school does not 27 reorganize within six months, the state board of education 28 shall attach the school district to one or more adjacent 29 districts. The bill also provides that if a school district 30 with an enrollment of 750 or less in grades nine through 12, or 31 without a high school, dissolves, the territory located in the 32 dissolved district is eligible, if approved by the director of 33 the department of education, for a reduction in the foundation 34 property tax levy. Current Code sets the enrollment count for 35 -12- LSB 2338XS (5) 84 kh/rj 12/ 13

S.F. 256 eligibility for the foundation property tax levy reduction at 1 600 or less. 2 SCHOOL INFRASTRUCTURE FUNDING. Currently, a school district 3 with a certified enrollment of fewer than 250 pupils in the 4 entire district or certified enrollment of fewer than 100 5 pupils in high school must apply to the department of education 6 for a certificate of need before the school district can expend 7 the supplemental school infrastructure amount received for 8 new construction or for payments for bonds issued for new 9 construction against the supplemental school infrastructure 10 amount. The bill increases the enrollment thresholds to 11 a total enrollment of 1,000 pupils and to a high school 12 enrollment of 400 pupils. 13 The bill takes effect July 1, 2015, and is applicable to 14 school years beginning on or after that date. 15 -13- LSB 2338XS (5) 84 kh/rj 13/ 13