Senate Study Bill 1108 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF EDUCATION BILL) A BILL FOR An Act relating to the duties and operations of the department 1 of education, the school budget review committee, and local 2 school boards and including effective date and applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1327XD (10) 84 kh/sc
S.F. _____ H.F. _____ Section 1. Section 256.5A, Code 2011, is amended to read as 1 follows: 2 256.5A Nonvoting member. 3 1. The governor shall appoint the one nonvoting student 4 member of the state board for a term of one year two years 5 beginning and ending as provided in section 69.19 . The 6 nonvoting student member shall be appointed from a list of 7 names submitted by the state board of education. Students 8 enrolled in either grade ten or eleven in a public school 9 may apply to the state board to serve as a nonvoting student 10 member. 11 2. The department shall develop an application process that 12 requires the consent of the student’s parent or guardian if 13 the student is a minor, initial application approval by the 14 school district in which the student applicant is enrolled, and 15 submission of approved applications by a school district to the 16 department. 17 3. The nonvoting student member’s school district of 18 enrollment shall notify the student’s parents if the student’s 19 grade point average falls during the period in which the 20 student is a member of the state board. 21 4. The state board shall adopt rules under chapter 17A 22 specifying criteria for the selection of applicants whose names 23 shall be submitted to the governor. Criteria shall include , 24 but are not limited to , academic excellence, participation 25 in extracurricular and community activities, and interest in 26 serving on the board. Rules adopted by the state board shall 27 also require, if the student is a minor, supervision of the 28 student by the student’s parent or guardian while the student 29 is engaged in authorized state board business at a location 30 other than the community in which the student resides, unless 31 the student’s parent or guardian submits to the state board a 32 signed release indicating the parent or guardian has determined 33 that supervision of the student by the parent or guardian is 34 unnecessary. 35 -1- LSB 1327XD (10) 84 kh/sc 1/ 23
S.F. _____ H.F. _____ 5. The nonvoting student member appointment is not subject 1 to section 69.16 or 69.16A . 2 6. The nonvoting student member shall have been enrolled 3 in a public school in Iowa for at least one year prior to the 4 member’s appointment. A nonvoting student member who will not 5 graduate from high school prior to the end of a second term may 6 apply to the state board for submission of candidacy to the 7 governor for a second one-year term. 8 7. A nonvoting student member shall be paid a per diem as 9 provided in section 7E.6 and the student and the student’s 10 parent or guardian shall be reimbursed for actual and necessary 11 expenses incurred in the performance of the student’s duties as 12 a nonvoting member of the state board. 13 8. A vacancy in the membership of the nonvoting student 14 member shall not be filled until the expiration of the term. 15 Sec. 2. Section 256.9, subsections 26 and 27, Code 2011, are 16 amended by striking the subsections. 17 Sec. 3. Section 256.9, subsection 53, paragraph a, Code 18 2011, is amended to read as follows: 19 a. Develop and distribute, in collaboration with the area 20 education agencies, core curriculum technical assistance 21 and implementation strategies that school districts and 22 accredited nonpublic schools shall utilize, including but 23 not limited to the development and delivery of formative and 24 end-of-course model end-of-course and additional assessments 25 classroom teachers may use to measure student progress 26 on the core curriculum adopted pursuant to section 256.7, 27 subsection 26 . The department shall, in collaboration with the 28 advisory group convened in accordance with paragraph “b” and 29 educational assessment providers, identify and make available 30 to school districts model end-of-course and additional model 31 end-of-course and additional assessments to align with the 32 expectations included in the Iowa core curriculum. The model 33 assessments shall be suitable to meet the multiple assessment 34 measures requirement specified in section 256.7, subsection 21 , 35 -2- LSB 1327XD (10) 84 kh/sc 2/ 23
S.F. _____ H.F. _____ paragraph “c” . 1 Sec. 4. Section 256.10, subsection 2, Code 2011, is amended 2 to read as follows: 3 2. Appointments to the professional staff of the department 4 shall be without reference to political party affiliation, 5 religious affiliation, sex, or marital status, but shall be 6 based solely upon fitness, ability, and proper qualifications 7 for the particular position. The professional staff shall 8 serve at the discretion of the director. A member of the 9 professional staff shall not be dismissed for cause without 10 appropriate due process procedures including a hearing an 11 opportunity to meet with the director . 12 Sec. 5. Section 256.30, Code 2011, is amended to read as 13 follows: 14 256.30 Educational expenses for American Indians. 15 1. The department of education shall provide moneys to pay 16 the expense of educating American Indian children residing in 17 the Sac and Fox Indian settlement on land held in trust by 18 the secretary of the interior of the United States in excess 19 of federal moneys paid to the tribal council for educating 20 the American Indian children when moneys are appropriated for 21 that purpose. The tribal council shall administer the moneys 22 distributed to it by the department and shall submit an annual 23 report and other reports as required by the department to the 24 department on the expenditure of the moneys. 25 2. The tribal council shall administer moneys distributed 26 to it by the department of education as provided in subsection 27 1. The tribal council shall first use the moneys distributed 28 to it by the department of education for the purposes of this 29 section to pay the additional costs of salaries for licensed 30 instructional staff for educational attainment and full-time 31 equivalent years of experience to equal the salaries listed on 32 the proposed salary schedule for the school at the Sac and Fox 33 Indian settlement for that school year, but the salary for a 34 licensed instructional staff member employed on a full-time 35 -3- LSB 1327XD (10) 84 kh/sc 3/ 23
S.F. _____ H.F. _____ basis shall not be less than eighteen thousand dollars. 1 3. The department of management shall approve allotments 2 of moneys appropriated in for purposes of this section when 3 the department of education certifies to the department of 4 management that the requirements of this section have been met . 5 Sec. 6. Section 257.6, subsection 1, paragraph a, 6 subparagraph (3), Code 2011, is amended to read as follows: 7 (3) Shared-time and part-time pupils of school age enrolled 8 in public schools within the district, irrespective of the 9 districts in which the pupils reside, in the proportion that 10 the time for which they are enrolled or receive instruction for 11 the school year is to the time that full-time pupils carrying 12 a normal course schedule, at the same grade level, in the 13 same school district, for the same school year, are enrolled 14 and receive instruction. Tuition charges to the parent or 15 guardian of a shared-time or part-time nonresident pupil shall 16 be reduced by the amount of any increased state aid received by 17 the district by the counting of the pupil. This subparagraph 18 applies to pupils enrolled in grades nine through twelve under 19 section 299A.8 and to pupils from accredited nonpublic schools 20 accessing classes or services on the accredited nonpublic 21 school premises or the school district site, but excludes 22 accredited nonpublic school pupils receiving classes or 23 services funded by federal grants or allocations. 24 Sec. 7. Section 257.30, subsection 1, Code 2011, is amended 25 to read as follows: 26 1. A school budget review committee is established in the 27 department of education and consists of the director of the 28 department of education in an ex officio, nonvoting capacity, 29 the director of the department of management, and four members 30 who are knowledgeable in the areas of Iowa school finance or 31 public finance issues appointed by the governor to represent 32 the public. At least one of the public members shall possess a 33 master’s or doctoral degree in which areas of school finance, 34 economics, or statistics are an integral component, or shall 35 -4- LSB 1327XD (10) 84 kh/sc 4/ 23
S.F. _____ H.F. _____ have equivalent experience in an executive administrative 1 or senior research position in the education or public 2 administration field. The members appointed by the governor 3 shall serve staggered three-year four-year terms beginning 4 and ending as provided in section 69.19 and are subject to 5 senate confirmation as provided in section 2.32 . The committee 6 shall meet and hold hearings each year and shall continue in 7 session until it has reviewed budgets of school districts, as 8 provided in section 257.31 . The committee may call in school 9 board members and employees as necessary for the hearings. 10 The committee’s scheduled hearing agendas and the minutes of 11 such hearings shall be posted on the department of education’s 12 internet site. Legislators shall be notified of hearings 13 concerning school districts in their legislative districts. 14 Sec. 8. Section 257.31, subsection 2, Code 2011, is amended 15 to read as follows: 16 2. The committee shall specify the number of hearings held 17 annually, the reasons for the committee’s recommendations, a 18 summary of decisions, information about the amounts of property 19 tax levied by school districts for a cash reserve, and other 20 information the committee deems advisable on the department of 21 education’s internet website site . 22 Sec. 9. Section 257.37, subsection 4, Code 2011, is amended 23 to read as follows: 24 4. “Enrollment served” means the basic enrollment plus the 25 number of nonpublic school pupils served with media services 26 or educational services, as applicable, except that if a 27 nonpublic school pupil or a pupil attending another district 28 under a whole grade sharing agreement or open enrollment 29 receives services through an area other than the area of the 30 pupil’s residence, the pupil shall be deemed to be served by 31 the area of the pupil’s residence, which shall by contractual 32 arrangement reimburse the area through which the pupil actually 33 receives services. Each school district shall include in 34 the enrollment report submitted pursuant to section 257.6, 35 -5- LSB 1327XD (10) 84 kh/sc 5/ 23
S.F. _____ H.F. _____ subsection 1 , the number of nonpublic school pupils within each 1 school district for media and educational services served by 2 the area. However, the school district shall not include in 3 the enrollment report nonpublic school pupils receiving classes 4 or services funded by federal grants or allocations. 5 Sec. 10. Section 257.40, subsection 1, Code 2011, is amended 6 to read as follows: 7 1. The board of directors of a school district requesting 8 to use modified allowable growth for programs for returning 9 dropouts and dropout prevention shall submit requests for 10 modified at-risk allowable growth, including budget costs, 11 to the department of education not later than December 15 of 12 the year preceding the budget year during which the program 13 will be offered. The department shall review the request 14 and shall prior to January 15 either grant approval for the 15 request for the program or return the request for approval to 16 the school district with comments of the department included. 17 An unapproved request for a program may be resubmitted with 18 modifications to the department not later than February 1. 19 Not later than February 15, the department shall notify the 20 department of management and the school budget review committee 21 of the names of the school districts for which programs using 22 modified allowable growth for funding have been approved and 23 the approved budget of each program listed separately for each 24 school district having an approved request. 25 Sec. 11. Section 257.41, Code 2011, is amended to read as 26 follows: 27 257.41 Funding for programs for returning dropouts and 28 dropout prevention. 29 The budget of an approved program for returning dropouts and 30 dropout prevention for a school district, after subtracting 31 funds received from other sources for that purpose, shall be 32 funded annually on a basis of one-fourth or more from the 33 district cost of the school district and up to three-fourths 34 by an increase in allowable growth as defined in section 35 -6- LSB 1327XD (10) 84 kh/sc 6/ 23
S.F. _____ H.F. _____ 257.8 . Annually, the department of management school budget 1 review committee shall establish a modified allowable growth 2 for each such school district equal to the difference between 3 the approved budget for the program for returning dropouts and 4 dropout prevention for that district and the sum of the amount 5 funded from the district cost of the school district plus funds 6 received from other sources. 7 Sec. 12. Section 259A.1, Code 2011, is amended to read as 8 follows: 9 259A.1 Tests. 10 The department of education shall cause to be made 11 available for qualified individuals a high school equivalency 12 diploma. The diploma shall be issued on the basis of 13 satisfactory competence as shown by tests covering all of the 14 following: reading, arts, language arts, writing language 15 arts-reading, language arts-writing , mathematics, science, and 16 social studies. 17 Sec. 13. Section 273.3, subsection 12, Code 2011, is amended 18 to read as follows: 19 12. Prepare an annual budget estimating income and 20 expenditures for programs and services as provided in sections 21 273.1 to 273.9 and chapter 256B within the limits of funds 22 provided under section 256B.9 and chapter 257 . The board 23 shall give notice of a public hearing on the proposed budget 24 by publication in an official county newspaper in each county 25 in the territory of the area education agency in which the 26 principal place of business of a school district that is a part 27 of the area education agency is located. The notice shall 28 specify the date, which shall be not later than March 1 of 29 each year, the time, and the location of the public hearing. 30 The proposed budget as approved by the board shall then be 31 submitted to the state board of education, on forms provided 32 by the department, no later than March 15 preceding the 33 next fiscal year for approval. The state board shall review 34 the proposed budget of each area education agency and shall 35 -7- LSB 1327XD (10) 84 kh/sc 7/ 23
S.F. _____ H.F. _____ before April May 1, either grant approval or return the budget 1 without approval with comments of the state board included. An 2 unapproved budget shall be resubmitted to the state board for 3 final approval not later than April May 15. For the fiscal 4 year beginning July 1, 1999, and each succeeding fiscal year, 5 the The state board shall give final approval only to budgets 6 submitted by area education agencies accredited by the state 7 board or that have been given conditional accreditation by the 8 state board. 9 Sec. 14. Section 273.23, subsection 5, Code 2011, is amended 10 to read as follows: 11 5. The initial board, or new board if established in time 12 under subsection 3 , of the newly formed agency shall prepare an 13 annual budget estimating income and expenditures for programs 14 and services as provided in sections 273.1 through 273.9 15 and chapter 256B within the limits of funds provided under 16 section 256B.9 and chapter 257 . The board shall give notice 17 of a public hearing on the proposed budget by publication in 18 an official county newspaper in each county in the territory 19 of the area education agency in which the principal place 20 of business of a school district that is a part of the area 21 education agency is located. The notice shall specify the 22 date, which shall not be later than March 1, the time, and 23 the location of the public hearing. The proposed budget as 24 approved by the board shall be submitted to the state board, 25 on forms provided by the department, no later than March 15 26 for approval. The state board shall review the proposed 27 budget of the newly formed area education agency and shall, 28 before April May 1, either grant approval or return the budget 29 without approval with comments of the state board included. An 30 unapproved budget shall be resubmitted to the state board for 31 final approval not later than April May 15. The state board 32 shall give final approval only to budgets submitted by area 33 education agencies accredited by the state board or that have 34 been given conditional accreditation by the state board. 35 -8- LSB 1327XD (10) 84 kh/sc 8/ 23
S.F. _____ H.F. _____ Sec. 15. Section 275.23A, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. Following each federal decennial census the school 3 board shall determine whether the existing director district 4 boundaries meet the standards in subsection 1 according to the 5 most recent federal decennial census. 6 a. In addition to the authority granted to voters to change 7 the number of directors or method of election as provided in 8 sections 275.35 , 275.36 , and 278.1 , the board of directors of 9 a school district may, following a federal decennial census, 10 by resolution and in accordance with this section , authorize 11 a change in the method of election as set forth in section 12 275.12, subsection 2 , or a change to either five or seven 13 directors after the board conducts a hearing on the resolution. 14 (1) If the board proposes to change the number of directors 15 from seven to five directors, the resolution shall include a 16 plan for reducing the number of directors. 17 (2) If the board proposes to increase the number of 18 directors to seven directors, two directors shall be added 19 according to the procedure described in section 277.23, 20 subsection 2 . 21 b. If necessary, the board of directors shall redraw 22 the director district boundaries. The director district 23 boundaries shall be described in the resolution adopted by 24 the school board. The resolution shall be adopted no earlier 25 than November 15 of the second year immediately following the 26 year in which the federal decennial census is taken nor later 27 than May 15 of the second third year immediately following 28 the year in which the federal decennial census is taken. 29 A copy of the plan shall be filed with the area education 30 agency administrator of the area education agency in which the 31 school’s electors reside. If the board does not provide for 32 an election as provided in sections 275.35 , 275.36 , and 278.1 33 and adopts a resolution to change the number of directors or 34 method of election in accordance with this subsection , the 35 -9- LSB 1327XD (10) 84 kh/sc 9/ 23
S.F. _____ H.F. _____ district shall change the number of directors or method of 1 election as provided unless, within twenty-eight days following 2 the action of the board, the secretary of the board receives a 3 petition containing the required number of signatures, asking 4 that an election be called to approve or disapprove the action 5 of the board in adopting the resolution. The petition must be 6 signed by eligible electors equal in number to not less than 7 one hundred or thirty percent of the number of voters at the 8 last preceding regular school election, whichever is greater. 9 The board shall either rescind its action or direct the 10 county commissioner of elections to submit the question to the 11 registered voters of the school district at an election held 12 on a date specified in section 39.2, subsection 4 , paragraph 13 “c” . If a majority of those voting on the question at the 14 election favors disapproval of the action of the board, the 15 district shall not change the number of directors or method of 16 election. If a majority of those voting on the question does 17 not favor disapproval of the action, the board shall certify 18 the results of the election to the department of management and 19 the district shall change the number of directors or method of 20 election as provided in this subsection . At the expiration of 21 the twenty-eight-day period, if no petition is filed, the board 22 shall certify its action to the department of management and 23 the district shall change the number of directors or method of 24 election as provided in this subsection . 25 Sec. 16. Section 278.1, subsection 1, paragraph e, Code 26 2011, is amended to read as follows: 27 e. Direct the transfer of any surplus in the debt service 28 fund, physical plant and equipment levy fund , or other capital 29 projects funds, or public education and recreation levy fund to 30 the general fund. 31 Sec. 17. Section 279.30, Code 2011, is amended to read as 32 follows: 33 279.30 Exceptions. 34 Each payment must be made payable to the person entitled to 35 -10- LSB 1327XD (10) 84 kh/sc 10/ 23
S.F. _____ H.F. _____ receive the money or deposited directly into an account at a 1 financial institution, as defined in section 527.2, specified 2 by the person entitled to receive the money . The board of 3 directors of a school district or an area education agency may 4 by resolution authorize the secretary, upon approval of the 5 superintendent or designee, or administrator, in the case of 6 an area education agency, to issue payments when the board 7 of directors is not in session in payment of reasonable and 8 necessary expenses, but only upon verified bills filed with the 9 secretary or administrator, and for the payment of salaries 10 pursuant to the terms of a written contract. Each payment 11 must be made payable only to the person performing the service 12 or presenting the verified bill, and must state the purpose 13 for which the payment is issued. All bills and salaries for 14 which payments are issued prior to audit and allowance by the 15 board must be passed upon by the board of directors at the next 16 meeting and be entered in the regular minutes of the secretary. 17 Sec. 18. Section 279.42, Code 2011, is amended to read as 18 follows: 19 279.42 Gifts to schools. 20 The board of directors of a school district which that 21 receives funds through gifts, devises, and bequests a gift, 22 devise, or bequest shall deposit these the funds in a trust 23 and , permanent, or agency fund and shall use them the funds in 24 accordance with the terms of the gift, devise, or bequest. 25 Sec. 19. Section 279.45, Code 2011, is amended to read as 26 follows: 27 279.45 Administrative expenditures. 28 For the budget year beginning July 1, 1989, and each of 29 the following three budget years, the board of directors of a 30 school district in which the The administrative expenditures 31 as a percent of the a school district’s operating general fund 32 for a base year shall not exceed five percent , shall reduce its 33 administrative expenditures so that they are one-half percent 34 less as a percent of the school district’s operating fund than 35 -11- LSB 1327XD (10) 84 kh/sc 11/ 23
S.F. _____ H.F. _____ they were for the base year . However, a school district is 1 not required to reduce its administrative expenditures below 2 five percent of its operating fund. Thereafter, a school 3 district shall not increase the percent of its administrative 4 expenditures compared to its operating fund. Annually, 5 the board of directors shall certify to the department of 6 education the amounts of the school district’s administrative 7 expenditures and its operating general fund. For the purposes 8 of this section , “base year” and “budget year” mean means 9 the same as defined in section 442.6 , Code 1989, and section 10 257.2 , and “administrative expenditures” means expenditures for 11 executive administration. 12 Sec. 20. Section 282.9, subsection 1, Code 2011, is amended 13 to read as follows: 14 1. Notwithstanding this chapter and sections 275.55A , and 15 256F.4 , and 282.18 , or any other provision to the contrary, 16 prior to knowingly enrolling an individual who is required 17 to register as a sex offender under chapter 692A , but who is 18 otherwise eligible to enroll in a public school, the board of 19 directors of a school district shall determine the educational 20 placement of the individual. Upon receipt of notice that a 21 student who is enrolled in the district is required to register 22 as a sex offender under chapter 692A , the board shall determine 23 the educational placement of the student. The tentative agenda 24 for the meeting of the board of directors at which the board 25 will consider such enrollment or educational placement shall 26 specifically state that the board is considering the enrollment 27 or educational placement of an individual who is required 28 to register as a sex offender under chapter 692A . If the 29 individual is denied enrollment in a school district under this 30 section , the school district of residence shall provide the 31 individual with educational services in an alternative setting. 32 Sec. 21. Section 282.10, subsection 4, Code 2011, is amended 33 to read as follows: 34 4. A whole grade sharing agreement shall be signed by the 35 -12- LSB 1327XD (10) 84 kh/sc 12/ 23
S.F. _____ H.F. _____ boards of the districts involved in the agreement not later 1 than February 1 of the school year preceding the school year 2 for which the agreement is to take effect. The boards of 3 the districts shall negotiate as part of the new or existing 4 agreement the disposition of teacher quality funding provided 5 under chapter 284 . 6 Sec. 22. Section 282.18, subsection 4, Code 2011, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . 0c. If a request for transfer is submitted 9 to the receiving district after March 1 of the preceding 10 school year on behalf of a pupil whose sibling is already 11 participating in open enrollment, the receiving district shall 12 take action to approve the request. 13 Sec. 23. Section 282.18, subsection 5, Code 2011, is amended 14 to read as follows: 15 5. Open enrollment applications filed after March 1 of 16 the preceding school year that do not qualify for good cause 17 approval as provided in subsection 4 shall be subject to the 18 approval of the board of the resident district and the board 19 of the receiving district. The parent or guardian shall send 20 notification to the district of residence and the receiving 21 district that the parent or guardian seeks to enroll the 22 parent’s or guardian’s child in the receiving district. A 23 decision of either board to deny an application filed under 24 this subsection involving repeated acts of harassment of the 25 student or serious health condition of the student that the 26 resident district cannot adequately address is subject to 27 appeal under section 290.1 . The state board shall exercise 28 broad discretion to achieve just and equitable results that are 29 in the best interest of the affected child or children. 30 Sec. 24. Section 284.10, subsection 2, Code 2011, is amended 31 to read as follows: 32 2. An administrator licensed under chapter 272 who conducts 33 evaluations of teachers for purposes of this chapter shall 34 complete the evaluator training program. A practitioner 35 -13- LSB 1327XD (10) 84 kh/sc 13/ 23
S.F. _____ H.F. _____ licensed under chapter 272 who is not an administrator 1 may enroll in the evaluator training program. Enrollment 2 preference shall be given to administrators and to other 3 practitioners who are not beginning teachers . Upon successful 4 completion, the provider shall certify that the administrator 5 or other practitioner is qualified to conduct evaluations 6 for employment, make recommendations for licensure, and make 7 recommendations that a teacher is qualified to advance from one 8 career path level to the next career path level pursuant to 9 this chapter . Certification is for a period of five years and 10 may be renewed. 11 Sec. 25. Section 291.1, Code 2011, is amended to read as 12 follows: 13 291.1 President —— duties. 14 The president of the board of directors shall preside at 15 all of its meetings, sign all contracts made by the board, and 16 appear in on behalf of the corporation in all actions brought 17 by or against it, unless individually a party, in which case 18 this duty shall be performed by the secretary. The president 19 or the president’s designee shall sign, using an original or 20 facsimile signature, all school district warrants payments 21 drawn and authorize electronic funds transfers as provided by 22 law. The board of directors, by resolution, may designate an 23 individual, who shall not be the secretary, to sign warrants 24 payments or authorize electronic funds transfers on behalf of 25 the president. 26 Sec. 26. Section 291.6, subsection 3, Code 2011, is amended 27 by striking the subsection and inserting in lieu thereof the 28 following: 29 3. Accounting records. Keep an accurate accounting record 30 of each payment or electronic funds transfer from each fund 31 which shall be provided monthly to the board of directors. The 32 secretary of the creditor district shall prepare and deliver to 33 debtor districts an itemized statement of tuition fees charged 34 in accordance with sections 275.55A and 282.11 , and section 35 -14- LSB 1327XD (10) 84 kh/sc 14/ 23
S.F. _____ H.F. _____ 282.24, subsection 1 . 1 Sec. 27. Section 291.6, subsection 4, Code 2011, is amended 2 to read as follows: 3 4. Claims. Keep an accurate account accounting of all 4 expenses incurred by the corporation, and present the same to 5 the board for audit and payment. 6 Sec. 28. Section 291.7, Code 2011, is amended to read as 7 follows: 8 291.7 Monthly receipts, disbursements, and balances. 9 The secretary of each district shall file monthly with the 10 board of directors a complete statement of all receipts and 11 disbursements from the various funds each individual fund 12 during the preceding month, and also the balance remaining on 13 hand in the various funds each individual fund at the close of 14 the period covered by the statement, which monthly statements 15 shall be open to public inspection. 16 Sec. 29. Section 291.8, Code 2011, is amended by striking 17 the section and inserting in lieu thereof the following: 18 291.8 Payments. 19 The secretary shall make each authorized payment, 20 countersign using an original or facsimile signature, and 21 maintain accounting records of the payments or electronic funds 22 transfers, showing the number, date, payee, originating fund, 23 the purpose, and the amount, and shall provide to the board at 24 each regular annual meeting a copy of the accounting records 25 maintained by the secretary. 26 Sec. 30. Section 291.12, Code 2011, is amended to read as 27 follows: 28 291.12 Duties of treasurer —— payment of warrants payments . 29 The treasurer shall receive all moneys belonging to the 30 corporation, pay the same out only upon the order of the 31 president countersigned by the secretary, keeping and shall 32 keep an accurate account accounting record of all receipts 33 and expenditures in a book provided for that purpose . The 34 treasurer shall register all orders drawn payments and 35 -15- LSB 1327XD (10) 84 kh/sc 15/ 23
S.F. _____ H.F. _____ electronic funds transfers made and reported to the treasurer 1 by the secretary, showing the number, date, to whom drawn, the 2 fund upon from which drawn each payment and transfer was made , 3 the purpose and amount. 4 Sec. 31. Section 291.14, Code 2011, is amended to read as 5 follows: 6 291.14 Financial statement. 7 The treasurer shall render a statement of the finances of the 8 corporation whenever required by the board, and the treasurer’s 9 books accounting records shall always be open for inspection. 10 Sec. 32. Section 298.2, subsection 5, paragraph a, Code 11 2011, is amended to read as follows: 12 a. The proposition to levy the voter-approved physical 13 plant and equipment levy is not affected by a change in 14 the boundaries of the school district, except as otherwise 15 provided in this section . If each school district involved 16 in a school reorganization under chapter 275 has adopted 17 the voter-approved physical plant and equipment levy or the 18 sixty-seven and one-half cents per thousand dollars of assessed 19 value schoolhouse levy under section 278.1, subsection 7, 20 Code 1989, prior to July 1, 1991 , and if the voters have not 21 voted upon the proposition to levy the voter-approved physical 22 plant and equipment levy in the reorganized district, the 23 existing voter-approved physical plant and equipment levy or 24 the existing schoolhouse levy, as applicable, is in effect for 25 the reorganized district for the least amount and the shortest 26 time for which it is in effect in any of the districts. 27 Sec. 33. Section 298.2, subsection 6, Code 2011, is amended 28 by striking the subsection. 29 Sec. 34. Section 298A.4, Code 2011, is amended to read as 30 follows: 31 298A.4 Physical plant and equipment levy fund. 32 The physical plant and equipment levy fund is a special 33 revenue capital projects fund. A physical plant and equipment 34 levy fund must be established in any school corporation which 35 -16- LSB 1327XD (10) 84 kh/sc 16/ 23
S.F. _____ H.F. _____ levies the tax authorized, whether regular or voter-approved, 1 under section 298.2 . 2 Sec. 35. Section 298A.9, Code 2011, is amended to read as 3 follows: 4 298A.9 Capital project funds. 5 A capital project fund must be established in any school 6 corporation which issues bonds or other authorized indebtedness 7 for capital projects or which initiates a capital project, or 8 which receives grants or other funds for capital projects. 9 Boards are authorized to establish more than one capital 10 project fund as necessary. Any balance remaining in a capital 11 project fund after the capital project is completed may be 12 retained for future capital projects in accordance with the 13 original purpose of the bond issue or voter-approved levy; or 14 may be transferred, by board resolution, to the debt service 15 fund, to the physical plant and equipment levy fund or another 16 capital project fund , or other to the fund from which the 17 surplus originated; or transferred to the general fund in 18 accordance with section 278.1, subsection 1 , paragraph “e” . 19 Sec. 36. Section 298A.13, Code 2011, is amended to read as 20 follows: 21 298A.13 Trust , permanent, or agency funds. 22 Trust , permanent, or agency funds shall be established by 23 any school corporation to account for gifts it receives to 24 be used for a particular purpose or to account for money and 25 property received and administered by the district as trustee 26 or custodian or in the capacity of an agent. Boards may 27 establish trust and , permanent, or agency funds as necessary. 28 Sec. 37. Section 299A.11, Code 2011, is amended to read as 29 follows: 30 299A.11 Student records confidential. 31 Notwithstanding any provision of law or rule to the 32 contrary, personal information in records regarding a child 33 receiving competent private instruction pursuant to this 34 chapter , which are maintained, created, collected, or assembled 35 -17- LSB 1327XD (10) 84 kh/sc 17/ 23
S.F. _____ H.F. _____ by or for a state agency, shall be kept confidential in 1 the same manner as personal information in student records 2 maintained, created, collected, or assembled by or for a school 3 corporation or educational institution in accordance with 4 section 22.7, subsection 1 . For purposes of this section, 5 “personal information in records regarding a child receiving 6 competent private instruction” shall include the child’s 7 name and home address as well as all other information that 8 personally identifies the child. 9 Sec. 38. Section 423F.3, subsection 1, paragraph d, Code 10 2011, is amended by striking the paragraph. 11 Sec. 39. REPEAL. Sections 256.20 and 256.23, Code 2011, 12 are repealed. 13 Sec. 40. REPEAL. Section 297.35, Code 2011, is repealed. 14 Sec. 41. REPEAL. Section 298A.5, Code 2011, is repealed. 15 Sec. 42. EFFECTIVE UPON ENACTMENT AND APPLICABILITY. The 16 section of this Act amending section 257.30, being deemed of 17 immediate importance, takes effect upon enactment and applies 18 to the school budget review committee member terms that begin 19 on or after May 1, 2011. 20 EXPLANATION 21 This bill makes miscellaneous changes to Code provisions 22 relating to education as follows: 23 STUDENT STATE BOARD OF EDUCATION MEMBER. Code section 24 256.5A is amended to increase the term of the nonvoting student 25 member of the state board of education from one year to two 26 years, and provides that the student must be enrolled in grade 27 10 when applying for the appointment. Currently, a student may 28 be enrolled in grade 10 or 11 at the time the student applies. 29 SCHOOL LAW PRINTING REQUIREMENT. Code section 256.9, 30 subsections 26 and 27, are stricken. The provisions require 31 the director of the department of education to cause to 32 be printed in book form, every four years since 1987, all 33 school laws, and changes to school laws, with forms, rulings, 34 decisions, notes, and suggestions which may aid school officers 35 -18- LSB 1327XD (10) 84 kh/sc 18/ 23
S.F. _____ H.F. _____ in the proper discharge of their duties. The book must be 1 furnished to school and area officers and administrators, 2 members of the general assembly, and others as reasonably 3 requested. 4 EMPLOYMENT PRACTICES. Code section 256.10, subsection 2, is 5 amended by striking a provision that prohibits the dismissal 6 of a member of the professional staff for cause without 7 appropriate due process procedures, but adds that the person 8 must not be dismissed without an opportunity to meet with the 9 director of education. 10 AMERICAN INDIAN EDUCATION EXPENSES. Code section 256.30 11 provides for the distribution and administration of moneys 12 in excess of federal moneys to pay the expense of educating 13 American Indian children residing in the Sac and Fox Indian 14 settlement. The bill eliminates language that requires the 15 tribal council to submit an annual report to the department of 16 education accounting for expenditure of the moneys and requires 17 the department of education to certify compliance before the 18 department of management can approve allotment of the moneys. 19 ACCREDITED NONPUBLIC SCHOOL PUPIL ENROLLMENT. Code section 20 257.6 is amended to specify that accredited nonpublic school 21 pupils receiving classes or services funded by federal grants 22 or allocations shall not be counted in a school district’s 23 enrollment as shared-time or part-time pupils. The bill makes 24 a conforming change to Code section 257.37, subsection 4. 25 SCHOOL BUDGET REVIEW COMMITTEE (SBRC) MEMBER TERMS. Code 26 section 257.30, subsection 1, is amended to increase the length 27 of the terms served by members of the SBRC from three years to 28 four years. This provision takes effect upon enactment and 29 applies to SBRC member terms that begin on or after May 1, 30 2011. 31 SBRC INTERNET SITE INFORMATION. Code section 257.31, 32 subsection 2, is amended to eliminate a requirement that the 33 school budget review committee specify on its internet site 34 annually the reasons for its recommendations, and instead 35 -19- LSB 1327XD (10) 84 kh/sc 19/ 23
S.F. _____ H.F. _____ require that it specify a summary of decisions. The reference 1 to recommendations was tied to a requirement that the committee 2 report to the general assembly any recommended changes in laws 3 relating to school districts, but that requirement was stricken 4 by legislation enacted in 2009. 5 REDISTRICTING FOLLOWING FEDERAL DECENNIAL CENSUS. Code 6 section 275.23A is amended to move the dates back by which a 7 resolution describing new director district boundaries must be 8 adopted by the school board if the school board redraws its 9 director district boundaries following the federal decennial 10 census. Currently, the resolution can be adopted no earlier 11 than November 15 of the year immediately following the year 12 in which the federal decennial census is taken nor later than 13 May 15 of the second year immediately following the year in 14 which the federal decennial census is taken. The bill moves 15 the timelines to no sooner than November 15 of the second year 16 following the federal decennial census and no later than May 15 17 of the third year following the federal decennial census. 18 MODIFIED ALLOWABLE GROWTH ESTABLISHED BY SBRC. Code section 19 257.40, subsection 1, is amended to eliminate reference to 20 “at-risk” within the term “modified at-risk allowable growth” 21 and to provide that the requests for additional allowable 22 growth for programs for returning dropouts and dropout 23 prevention, which are submitted to the department by school 24 districts, must be either approved by the department or 25 returned unapproved to the school district with comments from 26 the department. Code section 257.41 is amended to provide 27 that the SBRC, rather than the department of management, is 28 responsible for establishing a modified allowable growth for 29 such programs. 30 AEA BUDGET DEADLINES. Code sections 273.3 and 273.23 are 31 amended to extend the dates by which area education agency 32 proposed budgets must be reviewed, approved, or returned by the 33 state board and resubmitted to the state board if the first 34 submission is not approved. 35 -20- LSB 1327XD (10) 84 kh/sc 20/ 23
S.F. _____ H.F. _____ FUNDING MEDIA AND EDUCATIONAL SERVICES. Code section 1 257.37, subsection 4, which requires school districts to 2 include in their enrollment reports the number of nonpublic 3 school pupils within each school district for media and 4 educational services provided through the area educational 5 agencies, is amended to prohibit school districts from 6 including in the enrollment report nonpublic school pupils 7 receiving classes or services funded by federal grants or 8 allocations. 9 SCHOOL AND AEA BOARD PAYMENTS AND WARRANTS. Code section 10 279.30 is amended to allow the board of directors of a 11 school district or of an AEA to direct deposit a payment at a 12 financial institution specified by the person entitled to the 13 money. Code section 291.1; Code section 291.6, subsections 14 3 and 4; and Code sections 291.7, 291.8, 291.12, and 291.14 15 are amended to replace references to “books”, “registers”, 16 and “warrants” with references to payments, electronic funds 17 transfers, and accounting records and to make related changes. 18 SCHOOL FUNDS FOR GIFTS. Code sections 279.42 and 298A.13 are 19 amended to give school districts the option of establishing a 20 permanent fund for gifts received and to allow school districts 21 to deposit funds received from gifts, devises, and bequests 22 into a trust, permanent, or agency fund. 23 SCHOOL DISTRICT ADMINISTRATIVE EXPENDITURES. Code section 24 279.45 is amended to modify outdated language related 25 to a requirement that a school district limit its annual 26 administrative expenses to not more than 5 percent of its 27 general fund for a base year and to replace references to the 28 term “operating fund” with “general fund”. 29 ENROLLMENT OF PERSON LISTED ON SEX OFFENDER REGISTRY. 30 Code section 282.9, subsection 1, is amended to notwithstand 31 Code chapter 282, relating to school attendance and tuition, 32 rather than notwithstanding only Code section 282.18, the 33 Code section relating to open enrollment. The language of 34 Code section 282.9, subsection 1, provides that prior to 35 -21- LSB 1327XD (10) 84 kh/sc 21/ 23
S.F. _____ H.F. _____ knowingly enrolling a student who is required to register as 1 a sex offender, the school district’s board of directors must 2 determine the educational placement of the individual and place 3 notice of that consideration on the board’s tentative meeting 4 agenda. If the board denies enrollment to the individual, the 5 school district of residence must provide the individual with 6 educational services in an alternative setting. 7 WHOLE GRADE SHARING AGREEMENTS. Code section 282.10, 8 subsection 4, is amended to provide that the boards of 9 directors of school districts must negotiate the disposition of 10 any funding provided under Code chapter 284, not solely teacher 11 quality funding. 12 OPEN ENROLLMENT BY SIBLING. Code section 282.18, subsection 13 4, is amended to require that a receiving district approve 14 a transfer request submitted after March 1 of the preceding 15 school year if the sibling of the pupil for whom the request 16 is made is already participating in open enrollment to the 17 receiving district. The bill makes a conforming change to Code 18 section 282.18, subsection 5. 19 EVALUATOR TRAINING PROGRAM. Code section 284.10, subsection 20 2, is amended to give program enrollment preference to other 21 practitioners who are not beginning teachers. Currently, only 22 school administrators are given preference. 23 PHYSICAL PLANT AND EQUIPMENT LEVY. Code section 298A.4 24 is amended to describe the physical plant and equipment levy 25 fund as a “capital projects fund”, rather than a “special 26 revenue fund”. Corresponding changes are made to Code sections 27 278.1(1)(e), 298.2(5)(a), and 298A.9, while Code sections 28 423F.3(1)(d) and 298.2(6) are stricken, and Code section 297.35 29 is repealed. 30 COMPETENT PRIVATE INSTRUCTION RECORDS. Code section 299A.11 31 is amended to provide that “personal information in records 32 regarding a child receiving competent private instruction” 33 includes the child’s name and home address, and any other 34 information that personally identifies the child. 35 -22- LSB 1327XD (10) 84 kh/sc 22/ 23
S.F. _____ H.F. _____ CODE CORRECTIONS. The bill makes corrections to Code 1 section 256.9 to change references to model end-of-course 2 assessments and to Code section 259A.1 to change references to 3 subjects covered by high school equivalency diploma tests. 4 CODE SECTIONS REPEALED. The bill repeals the following: 5 1. Code section 256.20, which permits school districts to 6 request approval from the state board of education for a pilot 7 project for a year-around three-semester school year. 8 2. Code section 256.23, which establishes a recruitment and 9 advancement program to provide for the allocation of grants 10 to school corporations for pilot projects that encourage 11 the advancement of women and minorities to administrative 12 positions. 13 3. Code section 298A.5, which provides that the schoolhouse 14 tax levy fund is a special revenue fund and requires school 15 corporations to establish the schoolhouse tax levy fund if it 16 levies the tax authorized by Code section 278.1, subsection 7, 17 Code 1989. 18 -23- LSB 1327XD (10) 84 kh/sc 23/ 23