SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF EDUCATION BILL)

A BILL FOR

An Act relating to the duties and operations of the department of education, the school budget review committee, and local school boards and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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