Senate File 336 - Introduced SENATE FILE 336 BY ZAUN , ROZENBOOM , and CHAPMAN A BILL FOR An Act relating to education by abolishing the department of 1 education and the state board of education, modifying the 2 duties and authority of certain state and local governmental 3 entities, establishing an education savings grant program 4 and fund, making appropriations, providing penalties, and 5 including effective date and applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1868XS (7) 85 md/sc
S.F. 336 DIVISION I 1 REPEAL OF DEPARTMENT OF EDUCATION AND 2 STATE BOARD OF EDUCATION 3 Section 1. NEW SECTION . 256B.16 Transfer of authority and 4 duties. 5 1. Beginning July 1, 2014, the authority and duties of the 6 department of education, the division of special education 7 created under section 256B.1, the state board of education, and 8 the director of the department of education under this chapter 9 shall to the extent feasible be transferred to the appropriate 10 area education agency where such special education services 11 are being provided. Accordingly, beginning July 1, 2014, all 12 references to the department of education or the division of 13 special education under this chapter and references to the 14 department of education or the division of special education 15 under other provisions of law relating to this chapter shall 16 mean the applicable area education agency and all references to 17 the state board of education or the director of the department 18 of education under this chapter or other provisions of law 19 relating to this chapter shall mean the board of directors of 20 the area education agency and the administrator of the area 21 education agency respectively. 22 2. Any moneys remaining in any account or fund under the 23 control of the department of education at the conclusion 24 of the fiscal year beginning July 1, 2013, relative to 25 the provisions of this chapter shall be transferred to the 26 control of the department of human services for such purposes. 27 Notwithstanding section 8.33, the moneys transferred in 28 accordance with this subsection shall not revert to the account 29 or fund from which appropriated or transferred. 30 3. Any contract entered into by the department of education 31 relating to the provisions of this chapter in effect at the 32 conclusion of the fiscal year beginning July 1, 2013, shall 33 continue in full force and effect pending transfer of such 34 contracts to the area education agencies. 35 -1- LSB 1868XS (7) 85 md/sc 1/ 48
S.F. 336 4. Any rule, regulation, form, order, or directive 1 promulgated by the department of education relative to the 2 provisions of this chapter in existence at the conclusion of 3 the fiscal year beginning July 1, 2013, shall continue in full 4 force and effect. 5 5. In regard to updating references and format in the Iowa 6 administrative code in order to correspond to the transferring 7 of duties of this chapter, the administrative rules coordinator 8 and the administrative rules review committee, in consultation 9 with the administrative code editor, shall jointly develop a 10 schedule for the necessary updating of the Iowa administrative 11 code. 12 Sec. 2. Section 256C.1, Code 2013, is amended to read as 13 follows: 14 256C.1 Definitions. 15 As used in this chapter : 16 1. “Approved local program” means a school district’s 17 program for four-year-old children approved by the department 18 of education to provide high quality preschool instruction . 19 2. “Department” means the department of education. 20 3. “Director” means the director of the department of 21 education. 22 4. 2. “Preschool program” means the statewide preschool 23 program for four-year-old children created in accordance with 24 this chapter . 25 5. 3. “School district approved to participate in the 26 preschool program” means a school district that meets the 27 school district requirements under section 256C.3 and has been 28 approved by the department to participate in the preschool 29 program . 30 6. “State board” means the state board of education. 31 Sec. 3. Section 256C.2, subsection 2, Code 2013, is amended 32 by striking the subsection. 33 Sec. 4. Section 256C.3, subsection 2, paragraph a, 34 subparagraph (3), Code 2013, is amended to read as follows: 35 -2- LSB 1868XS (7) 85 md/sc 2/ 48
S.F. 336 (3) The individual possesses a bachelor’s or graduate 1 degree from an accredited college or university with a major 2 in early childhood education or other appropriate major 3 identified in rule by the department as determined by the 4 school district’s board of directors . 5 Sec. 5. Section 256C.3, subsection 3, unnumbered paragraph 6 1, Code 2013, is amended to read as follows: 7 The state board shall adopt rules to further define the 8 following preschool program requirements which shall be used to 9 determine whether or not a Each local program implemented by 10 a school district approved to implement the preschool program 11 qualifies as an approved local program shall address or conform 12 with all of the following : 13 Sec. 6. Section 256C.3, subsection 3, paragraph e, Code 14 2013, is amended to read as follows: 15 e. Collaboration with participating families, early care 16 providers, and community partners including but not limited to 17 early childhood Iowa area boards, head start programs, shared 18 visions and other programs provided under the auspices of the 19 child development coordinating council , licensed child care 20 centers, registered child development homes, area education 21 agencies, child care resource and referral services provided 22 under section 237A.26 , early childhood special education 23 programs, services funded by Tit. I of the federal Elementary 24 and Secondary Education Act of 1965, and family support 25 programs. 26 Sec. 7. Section 256C.3, subsection 4, Code 2013, is amended 27 by striking the subsection and inserting in lieu thereof the 28 following: 29 4. School district requirements. 30 a. Subject to implementation of chapter 28E agreements 31 between a school district and community-based providers of 32 services to four-year-old children, a four-year-old child who 33 is enrolled in a child care center or child development home 34 licensed or registered under chapter 237A, or in an existing 35 -3- LSB 1868XS (7) 85 md/sc 3/ 48
S.F. 336 public or private preschool program, shall be eligible for 1 services provided by the school district’s local preschool 2 program. 3 b. Professional development for school district preschool 4 teachers shall be addressed in the school district’s 5 professional development plan implemented in accordance with 6 section 284.6. 7 Sec. 8. Section 256C.3, subsection 5, Code 2013, is amended 8 by striking the subsection. 9 Sec. 9. Section 256C.4, subsection 1, paragraph d, Code 10 2013, is amended to read as follows: 11 d. Preschool foundation aid funding shall not be commingled 12 with the other state aid payments made under section 257.16 13 to a school district and shall be accounted for by the local 14 school district separately from the other state aid payments. 15 Preschool foundation aid payments made to school districts 16 are miscellaneous income for purposes of chapter 257 . A 17 school district shall maintain a separate listing within its 18 budget for preschool foundation aid payments received and 19 expenditures made. A school district shall certify to the 20 department of education that preschool Preschool foundation aid 21 funding received by the school district was shall be used to 22 supplement, not supplant, moneys otherwise received and used by 23 the school district for preschool programming. 24 Sec. 10. Section 256C.4, subsection 2, paragraph b, Code 25 2013, is amended to read as follows: 26 b. The enrollment count of eligible students shall not 27 include a child who is included in the enrollment count 28 determined under section 257.6 or a child who is served by 29 a program already receiving state or federal funds for the 30 purpose of the provision of four-year-old preschool programming 31 while the child is being served by the program. Such preschool 32 programming includes but is not limited to child development 33 assistance programs provided under chapter 256A , special 34 education programs provided under section 256B.9 , school ready 35 -4- LSB 1868XS (7) 85 md/sc 4/ 48
S.F. 336 children grant programs and other programs provided under 1 chapter 256I , and federal head start programs and the services 2 funded by Tit. I of the federal Elementary and Secondary 3 Education Act of 1965. 4 Sec. 11. Section 256C.5, subsection 2, Code 2013, is amended 5 to read as follows: 6 2. Preschool foundation aid district amount. 7 a. For the initial school year for which a school district 8 approved to participate in the preschool program receives that 9 approval and implements the preschool program, the funding for 10 the preschool foundation aid payable to that school district 11 shall be paid from the appropriation made for that school year 12 in section 256C.6 , Code 2011, or in another appropriation 13 made for purposes of this chapter . For that school year, the 14 preschool foundation aid payable to the school district is 15 the product of the regular program state cost per pupil for 16 the school year multiplied by sixty percent of the school 17 district’s eligible student enrollment on the date in the 18 school year determined by rule . 19 b. For budget years subsequent to the initial school year 20 for which a school district approved to participate in the 21 preschool program receives that initial approval and implements 22 the preschool program, the funding for the preschool foundation 23 aid payable to that school district shall be paid from the 24 appropriation made in section 257.16 . Continuation of a 25 school district’s participation in the preschool program for 26 a second or subsequent budget year is subject to the approval 27 of the department based upon the school district’s compliance 28 with accountability provisions and the department’s on-site 29 review of the school district’s implementation of the preschool 30 program. 31 Sec. 12. Section 256C.5, subsection 4, Code 2013, is amended 32 by striking the subsection. 33 Sec. 13. NEW SECTION . 256F.12 Transfer of authority and 34 duties. 35 -5- LSB 1868XS (7) 85 md/sc 5/ 48
S.F. 336 1. Beginning July 1, 2014, the authority and duties of the 1 department of education, the state board, and the director of 2 the department of education under this chapter, to the extent 3 feasible, shall be transferred to the board of directors of 4 the community college serving the merged area in which the 5 charter school or innovation zone school, or such proposed 6 school, is located. Accordingly, beginning July 1, 2014, all 7 references to the department of education, the state board of 8 education, and the director of the department of education 9 under this chapter or other provisions of law relating to this 10 chapter shall mean the board of directors of the community 11 college serving the merged area in which the charter school or 12 innovation zone school, or such proposed school, is located. 13 2. Any contract entered into by the department of education 14 relating to the provisions of this chapter in effect at the 15 conclusion of the fiscal year beginning July 1, 2013, shall 16 continue in full force and effect pending transfer of such 17 contracts to the appropriate community college board of 18 directors. 19 3. Any rule, regulation, form, order, or directive 20 promulgated by the department of education relative to the 21 provisions of this chapter in existence at the conclusion of 22 the fiscal year beginning July 1, 2013, shall continue in full 23 force and effect. 24 Sec. 14. NEW SECTION . 256H.4 Transfer of authority and 25 duties. 26 1. Beginning July 1, 2014, the authority and duties of the 27 department of education and the director of the department 28 of education under this chapter shall be transferred to the 29 adjutant general of the state. Accordingly, beginning July 1, 30 2014, all references to the department of education and the 31 director of the department of education under this chapter or 32 other provisions of law relating to this chapter shall mean 33 adjutant general of the state. 34 2. Any contract entered into by the department of education 35 -6- LSB 1868XS (7) 85 md/sc 6/ 48
S.F. 336 relating to the provisions of this chapter in effect at the 1 conclusion of the fiscal year beginning July 1, 2013, shall 2 continue in full force and effect pending transfer of such 3 contracts to the adjutant general of the state. 4 3. Any rule, regulation, form, order, or directive 5 promulgated by the department of education relative to the 6 provisions of this chapter in existence upon conclusion of the 7 fiscal year beginning July 1, 2013, shall continue in full 8 force and effect. 9 Sec. 15. NEW SECTION . 256I.13 Transfer of authority and 10 duties. 11 1. Beginning July 1, 2014, the authority and duties of the 12 department of education and the director of the department 13 of education under this chapter shall be transferred to the 14 department of management and the director of the department 15 of management. Accordingly, beginning July 1, 2014, all 16 references to the department of education or the director of 17 the department of education under this chapter or under other 18 provisions of law relating to this chapter shall mean the 19 department of management and the director of the department of 20 management. 21 2. Any moneys remaining in any account or fund under the 22 control of the department of education at the conclusion of the 23 fiscal year beginning July 1, 2013, relative to the provisions 24 of this chapter shall be transferred to the control of the 25 department of management for such purposes. Notwithstanding 26 section 8.33, the moneys transferred in accordance with this 27 subsection shall not revert to the account or fund from which 28 appropriated or transferred. 29 3. Any contract entered into by the department of education 30 relating to the provisions of this chapter in effect at the 31 conclusion of the fiscal year beginning July 1, 2013, shall 32 continue in full force and effect pending transfer of such 33 contracts to the department of management. 34 4. Any rule, regulation, form, order, or directive 35 -7- LSB 1868XS (7) 85 md/sc 7/ 48
S.F. 336 promulgated by the department of education relative to the 1 provisions of this chapter in existence at the conclusion of 2 the fiscal year beginning July 1, 2013, shall continue in full 3 force and effect until amended, repealed, or supplemented by 4 affirmative action of the department of management under the 5 duties and powers established in this chapter and under the 6 procedure established in subsection 5. 7 5. In regard to updating references and format in the Iowa 8 administrative code in order to correspond to the transferring 9 of duties of this chapter, the administrative rules coordinator 10 and the administrative rules review committee, in consultation 11 with the administrative code editor, shall jointly develop a 12 schedule for the necessary updating of the Iowa administrative 13 code. 14 Sec. 16. Section 257C.5, subsection 1, Code 2013, is amended 15 to read as follows: 16 1. The powers of the authority are vested in and exercised 17 by a board consisting of five members, including the treasurer 18 of state, the director of the department of education, and the 19 director of the department of management, and two three members 20 appointed by the governor, subject to confirmation by the 21 senate. The state officials may designate representatives to 22 serve on the board for them. As far as possible, the governor 23 shall appoint members who are knowledgeable or experienced in 24 the school systems of this state or in finance. 25 Sec. 17. NEW SECTION . 258.18 Transfer of authority and 26 duties. 27 1. Beginning July 1, 2014, the authority and duties of the 28 department of education, the state board of education, and the 29 director of the department of education under this chapter 30 shall be transferred to the department of workforce development 31 and the director of the department of workforce development. 32 Accordingly, beginning July 1, 2014, all references to the 33 department of education under this chapter and references 34 to the department of education under other provisions of 35 -8- LSB 1868XS (7) 85 md/sc 8/ 48
S.F. 336 law relating to this chapter shall mean the department of 1 workforce development and all references to the state board 2 of education or the director of the department of education 3 under this chapter or other provisions of law relating to this 4 chapter shall mean the director of the department of workforce 5 development. 6 2. Any moneys remaining in any account or fund under the 7 control of the department of education at the conclusion 8 of the fiscal year beginning July 1, 2013, relative to the 9 provisions of this chapter shall be transferred to the control 10 of the department of workforce development for such purposes. 11 Notwithstanding section 8.33, the moneys transferred in 12 accordance with this subsection shall not revert to the account 13 or fund from which appropriated or transferred. 14 3. Any contract entered into by the department of education 15 relating to the provisions of this chapter in effect at the 16 conclusion of the fiscal year beginning July 1, 2013, shall 17 continue in full force and effect pending transfer of such 18 contracts to the department of workforce development. 19 4. Any rule, regulation, form, order, or directive 20 promulgated by the department of education relative to the 21 provisions of this chapter in existence at the conclusion of 22 the fiscal year beginning July 1, 2013, shall continue in full 23 force and effect until amended, repealed, or supplemented by 24 affirmative action of the department of workforce development 25 under the duties and powers established in this chapter and 26 under the procedure established in subsection 5. 27 5. In regard to updating references and format in the Iowa 28 administrative code in order to correspond to the transferring 29 of duties of this chapter, the administrative rules coordinator 30 and the administrative rules review committee, in consultation 31 with the administrative code editor, shall jointly develop a 32 schedule for the necessary updating of the Iowa administrative 33 code. 34 Sec. 18. NEW SECTION . 259.1A Transfer of authority and 35 -9- LSB 1868XS (7) 85 md/sc 9/ 48
S.F. 336 duties. 1 1. Beginning July 1, 2014, the authority and duties of the 2 department of education, the state board of education, and the 3 director of the department of education under this chapter 4 shall be transferred to the department of workforce development 5 and the director of the department of workforce development. 6 Accordingly, beginning July 1, 2014, all references to the 7 department of education under this chapter and references 8 to the department of education under other provisions of 9 law relating to this chapter shall mean the department of 10 workforce development and all references to the state board 11 of education or the director of the department of education 12 under this chapter or other provisions of law relating to this 13 chapter shall mean the director of the department of workforce 14 development. 15 2. Beginning July 1, 2014, the division of vocational 16 rehabilitation services created within the department of 17 education under section 259.3 shall be transferred to the 18 department of workforce development. 19 3. Any moneys remaining in any account or fund under the 20 control of the department of education at the conclusion 21 of the fiscal year beginning July 1, 2013, relative to the 22 provisions of this chapter shall be transferred to the control 23 of the department of workforce development for such purposes. 24 Notwithstanding section 8.33, the moneys transferred in 25 accordance with this subsection shall not revert to the account 26 or fund from which appropriated or transferred. 27 4. Any contract entered into by the department of education 28 relating to the provisions of this chapter in effect at the 29 conclusion of the fiscal year beginning July 1, 2013, shall 30 continue in full force and effect pending transfer of such 31 contracts to the department of workforce development. 32 5. Any rule, regulation, form, order, or directive 33 promulgated by the department of education relative to the 34 provisions of this chapter in existence at the conclusion of 35 -10- LSB 1868XS (7) 85 md/sc 10/ 48
S.F. 336 the fiscal year beginning July 1, 2013, shall continue in full 1 force and effect until amended, repealed, or supplemented by 2 affirmative action of the department of workforce development 3 under the duties and powers established in this chapter and 4 under the procedure established in subsection 6. 5 6. In regard to updating references and format in the Iowa 6 administrative code in order to correspond to the transferring 7 of duties of this chapter, the administrative rules coordinator 8 and the administrative rules review committee, in consultation 9 with the administrative code editor, shall jointly develop a 10 schedule for the necessary updating of the Iowa administrative 11 code. 12 Sec. 19. Section 259A.1, Code 2013, is amended to read as 13 follows: 14 259A.1 Tests. 15 The department of education Each board of directors of 16 the community college serving the merged area shall cause to 17 be made available for qualified individuals a high school 18 equivalency diploma. The diploma shall be issued on the basis 19 of satisfactory competence as shown by tests covering all 20 of the following: reading, arts, language arts, writing, 21 mathematics, science, and social studies. 22 Sec. 20. Section 259A.2, unnumbered paragraph 2, Code 2013, 23 is amended to read as follows: 24 Application shall be made to a testing center approved 25 by the department of education board of directors of the 26 community college serving the merged area , accompanied by an 27 application fee in an amount prescribed by the department board 28 of directors of the community college . The test scores shall 29 be forwarded by the testing center to the department board of 30 directors of the community college . 31 Sec. 21. Section 259A.3, Code 2013, is amended to read as 32 follows: 33 259A.3 Notice and fee. 34 Any applicant who has achieved the minimum passing standards 35 -11- LSB 1868XS (7) 85 md/sc 11/ 48
S.F. 336 as established by the department, and approved by the state 1 board, board of directors of the community college shall be 2 issued a high school equivalency diploma by the department upon 3 payment of an additional amount determined in rules adopted by 4 the state board of education by the board to cover the actual 5 costs of the production and distribution of the diploma. The 6 state board of education may also by rule establish a fee for 7 the issuance or verification of a transcript which shall be 8 based on the actual costs of the production or verification of 9 a transcript. 10 Sec. 22. Section 259A.4, Code 2013, is amended to read as 11 follows: 12 259A.4 Use of fees. 13 The fees collected under the provisions of this chapter 14 shall be used for the expenses incurred in administering, 15 providing test materials, scoring of examinations and issuance 16 of high school equivalency diplomas, and shall be disbursed 17 on the authorization of the director of the department of 18 education board of directors of the community college . The 19 treasurer of state shall be custodian of the funds paid to the 20 department community college and shall disburse the same on 21 vouchers audited as provided by law. The unobligated balance 22 in such funds at the close of each biennium shall be placed in 23 the general fund of the state. 24 Sec. 23. Section 259A.5, Code 2013, is amended to read as 25 follows: 26 259A.5 Rules. 27 The director of the department of education Each board 28 of directors of the community college shall adopt tests, 29 definitions of terms, and forms as necessary for the 30 administration of this chapter . The state board shall adopt 31 rules under chapter 17A to carry out this chapter . 32 Sec. 24. NEW SECTION . 260C.1A Transfer of authority and 33 duties. 34 1. Beginning July 1, 2014, the authority and duties of the 35 -12- LSB 1868XS (7) 85 md/sc 12/ 48
S.F. 336 department of education, the state board of education, and the 1 director of the department of education under this chapter 2 shall, to the extent feasible, be transferred to the boards of 3 directors of the community colleges serving the merged areas of 4 the state. Accordingly, beginning July 1, 2014, all references 5 to the department of education, the state board of education, 6 and the director of the department of education under this 7 chapter and references to the department of education, the 8 state board of education, and the director of the department 9 of education under other provisions of law relating to this 10 chapter shall mean the applicable board of directors of a 11 community college. 12 2. Beginning July 1, 2014, transfer of the duties and 13 authority of the department shall also include all duties and 14 authority of the community colleges division created within the 15 department of education under section 260C.6. 16 3. Any moneys remaining in any account or fund under the 17 control of the department of education at the conclusion of the 18 fiscal year beginning July 1, 2013, relative to the provisions 19 of this chapter shall be transferred to the control of the 20 applicable board of directors of a community college for such 21 purposes. Notwithstanding section 8.33, the moneys transferred 22 in accordance with this subsection shall not revert to the 23 account or fund from which appropriated or transferred. 24 4. Any contract entered into by the department of education 25 relating to the provisions of this chapter in effect at the 26 conclusion of the fiscal year beginning July 1, 2013, shall 27 continue in full force and effect pending transfer of such 28 contracts to the boards of directors of the community colleges. 29 5. Any rule, regulation, form, order, or directive 30 promulgated by the department of education relative to the 31 provisions of this chapter in existence at the conclusion of 32 the fiscal year beginning July 1, 2013, shall continue in full 33 force and effect. 34 Sec. 25. Section 260E.7, subsection 1, Code 2013, is amended 35 -13- LSB 1868XS (7) 85 md/sc 13/ 48
S.F. 336 to read as follows: 1 1. The economic development authority, in consultation with 2 the department of education, the department of revenue, and 3 the department of workforce development, shall coordinate and 4 review the new jobs training program. The economic development 5 authority shall adopt, amend, and repeal rules under chapter 6 17A that the community college will use in developing projects 7 with new and expanding industrial new jobs training proposals 8 and that the economic development authority shall use to review 9 and report on the new jobs training program as required in this 10 section . 11 Sec. 26. Section 260F.6B, Code 2013, is amended to read as 12 follows: 13 260F.6B High technology apprenticeship program. 14 The community colleges and the economic development 15 authority are authorized to fund high technology apprenticeship 16 programs which comply with the requirements specified in 17 section 260C.44 and which may include both new and statewide 18 apprenticeship programs. Notwithstanding the provisions 19 of section 260F.6, subsection 2 , relating to maximum award 20 amounts, moneys allocated to the community colleges with high 21 technology apprenticeship programs shall be distributed to the 22 community colleges based upon contact hours under the programs 23 administered during the prior fiscal year as determined by the 24 department of education economic development authority . The 25 economic development authority shall adopt rules governing this 26 section ’s operation and participant eligibility. 27 Sec. 27. Section 260F.7, Code 2013, is amended to read as 28 follows: 29 260F.7 Economic development authority to coordinate. 30 The economic development authority, in consultation with 31 the department of education and the department of workforce 32 development, shall coordinate the jobs training program. A 33 project shall not be funded under this chapter unless the 34 economic development authority approves the project. The 35 -14- LSB 1868XS (7) 85 md/sc 14/ 48
S.F. 336 authority shall adopt rules pursuant to chapter 17A governing 1 the program’s operation and eligibility for participation in 2 the program. The authority shall establish by rule criteria 3 for determining what constitutes an eligible business. 4 Sec. 28. Section 260H.2, Code 2013, is amended to read as 5 follows: 6 260H.2 Pathways for academic career and employment program. 7 A pathways for academic career and employment program is 8 established to provide funding to community colleges for the 9 development of projects in coordination with the economic 10 development authority, the department of education, the 11 department of workforce development, regional advisory boards 12 established pursuant to section 84A.4 , and community partners 13 to implement a simplified, streamlined, and comprehensive 14 process, along with customized support services, to enable 15 eligible participants to acquire effective academic and 16 employment training to secure gainful, quality, in-state 17 employment. 18 Sec. 29. Section 260H.8, Code 2013, is amended to read as 19 follows: 20 260H.8 Rules. 21 The department of education economic development authority , 22 in consultation with the community colleges , the economic 23 development authority, and the department of workforce 24 development, shall adopt rules pursuant to chapter 17A and this 25 chapter to implement the provisions of this chapter . Regional 26 advisory boards established pursuant to section 84A.4 shall be 27 consulted in the development and implementation of rules to be 28 adopted pursuant to this chapter . 29 Sec. 30. Section 260I.2, subsection 2, paragraph a, Code 30 2013, is amended to read as follows: 31 a. There is established for the community colleges 32 a gap tuition assistance fund in the state treasury to 33 be administered by the department of education economic 34 development authority . The funds in the gap tuition assistance 35 -15- LSB 1868XS (7) 85 md/sc 15/ 48
S.F. 336 fund are appropriated to the department of education economic 1 development authority for the gap tuition assistance program. 2 Sec. 31. Section 260I.3, subsection 1, Code 2013, is amended 3 to read as follows: 4 1. The department of education, in consultation with the 5 economic development authority , shall adopt rules pursuant to 6 this chapter defining eligibility criteria for persons applying 7 to receive tuition assistance under this chapter . 8 Sec. 32. Section 260I.10, Code 2013, is amended to read as 9 follows: 10 260I.10 Oversight. 11 1. The department of education economic development 12 authority , in coordination with the community colleges, shall 13 establish a steering committee. The steering committee shall 14 determine if the performance measures of the gap tuition 15 assistance program are being met and shall take necessary steps 16 to correct any deficiencies. The steering committee shall meet 17 at least quarterly to evaluate and monitor the performance of 18 the gap tuition assistance program. 19 2. The department of education economic development 20 authority , in coordination with the community colleges, 21 shall develop a common intake tracking system that shall be 22 implemented consistently by each participating community 23 college. 24 3. The department of education economic development 25 authority shall coordinate statewide oversight, evaluation, and 26 reporting efforts for the gap tuition assistance program. 27 Sec. 33. Section 260I.11, Code 2013, is amended to read as 28 follows: 29 260I.11 Rules. 30 The department of education economic development authority , 31 in consultation with the economic development authority and the 32 community colleges, shall adopt rules pursuant to chapter 17A 33 and this chapter to implement the provisions of this chapter . 34 Sec. 34. Section 261.1, subsection 2, paragraph b, Code 35 -16- LSB 1868XS (7) 85 md/sc 16/ 48
S.F. 336 2013, is amended by striking the paragraph. 1 Sec. 35. NEW SECTION . 261.8 Transfer of authority and 2 duties. 3 1. Beginning July 1, 2014, the authority and duties of the 4 department of education, the state board of education, and the 5 director of the department of education under this chapter 6 shall be transferred to the college student aid commission. 7 Accordingly, beginning July 1, 2014, all references to the 8 department of education or the director of the department of 9 education under this chapter and references to the department 10 of education or the director of the department of education 11 under other provisions of law relating to this chapter shall 12 mean the college student aid commission. 13 2. Any moneys remaining in any account or fund under the 14 control of the department of education at the conclusion 15 of the fiscal year beginning July 1, 2013, relative to the 16 provisions of this chapter shall be transferred to the control 17 of the college student aid commission for such purposes. 18 Notwithstanding section 8.33, the moneys transferred in 19 accordance with this subsection shall not revert to the account 20 or fund from which appropriated or transferred. 21 3. Any contract entered into by the department of education 22 relating to the provisions of this chapter in effect at the 23 conclusion of the fiscal year beginning July 1, 2013, shall 24 continue in full force and effect pending transfer of such 25 contracts to the college student aid commission. 26 4. Any rule, regulation, form, order, or directive 27 promulgated by the department of education relative to the 28 provisions of this chapter in existence at the conclusion of 29 the fiscal year beginning July 1, 2013, shall continue in full 30 force and effect until amended, repealed, or supplemented by 31 affirmative action of the college student aid commission under 32 the duties and powers established in this chapter and under the 33 procedure established in subsection 5. 34 5. In regard to updating references and format in the Iowa 35 -17- LSB 1868XS (7) 85 md/sc 17/ 48
S.F. 336 administrative code in order to correspond to the transferring 1 of duties of this chapter, the administrative rules coordinator 2 and the administrative rules review committee, in consultation 3 with the administrative code editor, shall jointly develop a 4 schedule for the necessary updating of the Iowa administrative 5 code. 6 Sec. 36. NEW SECTION . 261E.1A Transfer of authority and 7 duties. 8 1. Beginning July 1, 2014, the authority and duties of 9 the department of education, the state board of education, 10 and the director of the department of education under this 11 chapter shall be transferred to the state board of regents. 12 Accordingly, beginning July 1, 2014, all references to the 13 department of education, the state board of education, or the 14 director of the department of education under this chapter 15 and references to the department of education, state board of 16 education, or director of the department of education under 17 other provisions of law relating to this chapter shall mean the 18 state board of regents. 19 2. Any moneys remaining in any account or fund under the 20 control of the department of education at the conclusion of the 21 fiscal year beginning July 1, 2013, relative to the provisions 22 of this chapter shall be transferred to the control of the 23 state board of regents for such purposes. Notwithstanding 24 section 8.33, the moneys transferred in accordance with this 25 subsection shall not revert to the account or fund from which 26 appropriated or transferred. 27 3. Any contract entered into by the department of education 28 relating to the provisions of this chapter in effect at the 29 conclusion of the fiscal year beginning July 1, 2013, shall 30 continue in full force and effect pending transfer of such 31 contracts to the state board of regents. 32 4. Any rule, regulation, form, order, or directive 33 promulgated by the department of education relative to the 34 provisions of this chapter in existence at the conclusion of 35 -18- LSB 1868XS (7) 85 md/sc 18/ 48
S.F. 336 the fiscal year beginning July 1, 2013, shall continue in full 1 force and effect until amended, repealed, or supplemented by 2 affirmative action of the state board of regents under the 3 duties and powers established in this chapter and under the 4 procedure established in subsection 5. 5 5. In regard to updating references and format in the Iowa 6 administrative code in order to correspond to the transferring 7 of duties of this chapter, the administrative rules coordinator 8 and the administrative rules review committee, in consultation 9 with the administrative code editor, shall jointly develop a 10 schedule for the necessary updating of the Iowa administrative 11 code. 12 Sec. 37. Section 262.9, subsection 27, Code 2013, is amended 13 to read as follows: 14 27. Explore , in conjunction with the department 15 of education, the need for coordination between school 16 districts, area education agencies, state board of regents 17 institutions, and community colleges for purposes of delivery 18 of courses, use of telecommunications, transportation, and 19 other similar issues. Coordination may include but is not 20 limited to coordination of calendars, programs, schedules, or 21 telecommunications emissions. The state board shall develop 22 recommendations as necessary, which shall be submitted in a 23 report to the general assembly on a timely basis. 24 Sec. 38. Section 262.9, subsection 33, unnumbered paragraph 25 1, Code 2013, is amended to read as follows: 26 In consultation with the state board of education, establish 27 Establish and enter into a collective statewide articulation 28 agreement with the community colleges established pursuant to 29 chapter 260C , which shall provide for the seamless transfer 30 of academic credits from a completed associate of arts or 31 associate of science degree program offered by a community 32 college to a baccalaureate degree program offered by an 33 institution of higher education governed by the board. The 34 board shall also do the following: 35 -19- LSB 1868XS (7) 85 md/sc 19/ 48
S.F. 336 Sec. 39. Section 262.9, subsection 33, paragraph i, Code 1 2013, is amended to read as follows: 2 i. Prepare, jointly with the department of education and 3 the liaison advisory committee on transfer students, and submit 4 by January 15 annually to the general assembly, an update on 5 the articulation efforts and activities implemented by the 6 community colleges and the institutions of higher education 7 governed by the board. 8 Sec. 40. Section 262.71, subsection 9, Code 2013, is amended 9 by striking the subsection. 10 Sec. 41. Section 266.39C, subsection 2, paragraph a, 11 subparagraph (5), Code 2013, is amended to read as follows: 12 (5) One representative of community colleges, appointed by 13 the state board of education governor . 14 Sec. 42. Section 266.39C, subsection 6, Code 2013, is 15 amended to read as follows: 16 6. The Iowa energy center shall cooperate with the state 17 board of education in developing develop a curriculum which 18 promotes energy efficiency and conservation. 19 Sec. 43. Section 272.1, subsection 4, Code 2013, is amended 20 by striking the subsection. 21 Sec. 44. NEW SECTION . 272.1A Transfer of authority and 22 duties. 23 1. Beginning July 1, 2014, the authority and duties of the 24 department of education, the state board of education, and the 25 director of the department of education under this chapter 26 shall be transferred to the board of educational examiners. 27 Accordingly, beginning July 1, 2014, all references to the 28 department of education, the state board of education, or the 29 director of the department of education under this chapter 30 and references to the department of education, state board of 31 education, or director of the department of education under 32 other provisions of law relating to this chapter shall mean the 33 board of educational examiners. 34 2. Any moneys remaining in any account or fund under the 35 -20- LSB 1868XS (7) 85 md/sc 20/ 48
S.F. 336 control of the department of education at the conclusion 1 of the fiscal year beginning July 1, 2013, relative to the 2 provisions of this chapter shall be transferred to the control 3 of the board of educational examiners for such purposes. 4 Notwithstanding section 8.33, the moneys transferred in 5 accordance with this subsection shall not revert to the account 6 or fund from which appropriated or transferred. 7 3. Any contract entered into by the department of education 8 relating to the provisions of this chapter in effect at the 9 conclusion of the fiscal year beginning July 1, 2013, shall 10 continue in full force and effect pending transfer of such 11 contracts to the board of educational examiners. 12 Sec. 45. Section 272.3, subsection 1, unnumbered paragraph 13 1, Code 2013, is amended to read as follows: 14 The board of educational examiners consists of twelve 15 members. Two must be members of the general public , one 16 must be the director of the department of education or the 17 director’s designee, and the remaining nine ten members must be 18 licensed practitioners. One of the public members shall have 19 served on a school board. The public members shall never have 20 held a practitioner’s license, but shall have a demonstrated 21 interest in education. The nine ten practitioners shall be 22 selected from the following areas and specialties of the 23 teaching profession: 24 Sec. 46. Section 272.3, subsection 2, Code 2013, is amended 25 to read as follows: 26 2. A majority of the licensed practitioner members shall 27 be nonadministrative practitioners. Four of the members shall 28 be administrators. Membership of the board shall comply with 29 the requirements of sections 69.16 and 69.16A . A quorum of 30 the board shall consist of six members. Members shall elect a 31 chairperson of the board. Members , except for the director of 32 the department of education or the director’s designee, shall 33 be appointed by the governor subject to confirmation by the 34 senate. 35 -21- LSB 1868XS (7) 85 md/sc 21/ 48
S.F. 336 Sec. 47. Section 272.4, subsection 1, unnumbered paragraph 1 1, Code 2013, is amended to read as follows: 2 Members , except for the director of the department of 3 education or the director’s designee, shall be appointed to 4 serve staggered terms of four years. A member shall not serve 5 more than two consecutive terms , except for the director of the 6 department of education or the director’s designee, who shall 7 serve until the director’s term of office expires . A member of 8 the board, except for the two public members and the director 9 of the department of education or the director’s designee , 10 shall hold a valid practitioner’s license during the member’s 11 term of office. A vacancy exists when any of the following 12 occur: 13 Sec. 48. Section 272.25, subsections 3, 4, and 8, Code 2013, 14 are amended to read as follows: 15 3. A requirement that the program include instruction 16 in skills and strategies to be used in classroom management 17 of individuals, and of small and large groups, under varying 18 conditions ; , and skills for communicating and working 19 constructively with pupils, teachers, administrators, and 20 parents ; and skills for understanding the role of the board of 21 education and the functions of other education agencies in the 22 state . The requirement shall be based upon recommendations of 23 the department of education after consultation with teacher 24 education faculty members in colleges and universities. 25 4. A requirement that prescribes minimum experiences and 26 responsibilities to be accomplished during the student teaching 27 experience by the student teacher and by the cooperating 28 teacher based upon recommendations of the department of 29 education after consultation with teacher education faculty 30 members in colleges and universities . The student teaching 31 experience shall include opportunities for the student 32 teacher to become knowledgeable about the Iowa teaching 33 standards, including a mock evaluation performed by the 34 cooperating teacher. The mock evaluation shall not be used as 35 -22- LSB 1868XS (7) 85 md/sc 22/ 48
S.F. 336 an assessment tool by the practitioner preparation program. 1 The student teaching experience shall consist of interactive 2 experiences involving the college or university personnel, the 3 student teacher, the cooperating teacher, and administrative 4 personnel from the cooperating teacher’s school district. 5 8. A requirement that an approved practitioner preparation 6 institution submit evidence that the college or department of 7 education is communicating with other colleges or departments 8 in the institution so that practitioner preparation students 9 may integrate teaching methodology with subject matter areas 10 of specialization. 11 Sec. 49. NEW SECTION . 273.1A Transfer of authority and 12 duties. 13 1. Beginning July 1, 2014, the authority and duties of 14 the department of education, the state board of education, 15 and the director of the department of education under this 16 chapter shall, to the extent feasible, be transferred to the 17 area education agency boards of directors in this state. 18 Accordingly, beginning July 1, 2014, all references to the 19 department of education, the state board of education, and the 20 director of the department of education under this chapter and 21 references to the department of education, the state board of 22 education, and the director of the department of education 23 under other provisions of law relating to this chapter shall 24 mean the applicable area education agency board of directors. 25 2. Any rule, regulation, form, order, or directive 26 promulgated by the department of education relative to the 27 provisions of this chapter in existence at the conclusion of 28 the fiscal year beginning July 1, 2013, shall continue in full 29 force and effect. 30 Sec. 50. Section 273.2, subsection 5, unnumbered paragraph 31 1, Code 2013, is amended to read as follows: 32 The area education agency board may provide for the 33 following programs and services to local school districts , and 34 at the request of local school districts to providers of child 35 -23- LSB 1868XS (7) 85 md/sc 23/ 48
S.F. 336 development services who have received grants under chapter 1 256A from the child development coordinating council, within 2 the limits of funds available: 3 Sec. 51. NEW SECTION . 274.1A Transfer of authority and 4 duties. 5 1. Beginning July 1, 2014, the authority and duties of the 6 department of education and the director of the department of 7 education under this chapter shall, to the extent feasible, be 8 transferred to the area education agency boards of directors 9 in this state. Accordingly, beginning July 1, 2014, all 10 references to the department of education and the director of 11 the department of education under this chapter and references 12 to the department of education and the director of the 13 department of education under other provisions of law relating 14 to this chapter shall mean the applicable area education agency 15 board of directors. 16 2. Any rule, regulation, form, order, or directive 17 promulgated by the department of education or the director 18 of the department of education relative to the provisions of 19 this chapter in existence at the conclusion of the fiscal 20 year beginning July 1, 2013, shall continue in full force and 21 effect. 22 Sec. 52. NEW SECTION . 275.1A Transfer of authority and 23 duties. 24 1. Beginning July 1, 2014, the authority and duties of 25 the department of education, the state board of education, 26 and the director of the department of education under this 27 chapter shall, to the extent feasible, be transferred to the 28 area education agency boards of directors in this state. 29 Accordingly, beginning July 1, 2014, all references to the 30 department of education, the state board of education, and the 31 director of the department of education under this chapter and 32 references to the department of education, the state board of 33 education, and the director of the department of education 34 under other provisions of law relating to this chapter shall 35 -24- LSB 1868XS (7) 85 md/sc 24/ 48
S.F. 336 mean the applicable area education agency board of directors. 1 2. Any rule, regulation, form, order, or directive 2 promulgated by the department of education, the state board 3 of education, or the director of the department of education 4 relative to the provisions of this chapter in existence at the 5 conclusion of the fiscal year beginning July 1, 2013, shall 6 continue in full force and effect. 7 Sec. 53. Section 276.3, subsections 5 and 9, Code 2013, are 8 amended by striking the subsections. 9 Sec. 54. Section 279.51, subsection 1, unnumbered paragraph 10 1, Code 2013, is amended to read as follows: 11 There is appropriated from the general fund of the state 12 to the department of education management for the fiscal year 13 beginning July 1, 2007, and each succeeding fiscal year, the 14 sum of twelve million six hundred six thousand one hundred 15 ninety-six dollars. The moneys shall be allocated as follows: 16 Sec. 55. Section 279.51, subsection 1, paragraphs b and d, 17 Code 2013, are amended by striking the paragraphs. 18 Sec. 56. Section 279.51, subsection 2, Code 2013, is amended 19 by striking the subsection. 20 Sec. 57. NEW SECTION . 279.69 Transfer of authority and 21 duties. 22 1. Beginning July 1, 2014, the authority and duties of 23 the department of education, the state board of education, 24 and the director of the department of education under this 25 chapter, to the extent feasible, shall be transferred to the 26 boards of directors for the respective school districts in the 27 state. Accordingly, beginning July 1, 2014, all references to 28 the department of education, the state board of education, and 29 the director of the department of education under this chapter 30 and references to the department of education, the state board 31 of education, and the director of the department of education 32 under other provisions of law relating to this chapter shall 33 mean the applicable board of directors of the school district. 34 2. Any rule, regulation, form, order, or directive 35 -25- LSB 1868XS (7) 85 md/sc 25/ 48
S.F. 336 promulgated by the department of education, the state board 1 of education, or the director of the department of education 2 relative to the provisions of this chapter in existence at the 3 conclusion of the fiscal year beginning July 1, 2013, shall 4 continue in full force and effect. 5 Sec. 58. NEW SECTION . 280.1A Transfer of authority and 6 duties. 7 1. Beginning July 1, 2014, the authority and duties of 8 the department of education, the state board of education, 9 and the director of the department of education under this 10 chapter, to the extent feasible, shall be transferred to the 11 boards of directors for the respective school districts in the 12 state. Accordingly, beginning July 1, 2014, all references to 13 the department of education, the state board of education, and 14 the director of the department of education under this chapter 15 and references to the department of education, the state board 16 of education, and the director of the department of education 17 under other provisions of law relating to this chapter shall 18 mean the applicable board of directors of the school district. 19 2. Any rule, regulation, form, order, or directive 20 promulgated by the department of education, the state board 21 of education, or the director of the department of education 22 relative to the provisions of this chapter in existence at the 23 conclusion of the fiscal year beginning July 1, 2013, shall 24 continue in full force and effect. 25 Sec. 59. NEW SECTION . 282.1A Transfer of authority and 26 duties. 27 1. Beginning July 1, 2014, the authority and duties of 28 the department of education, the state board of education, 29 and the director of the department of education under this 30 chapter, to the extent feasible, shall be transferred to the 31 boards of directors for the respective school districts in the 32 state. Accordingly, beginning July 1, 2014, all references to 33 the department of education, the state board of education, and 34 the director of the department of education under this chapter 35 -26- LSB 1868XS (7) 85 md/sc 26/ 48
S.F. 336 and references to the department of education, the state board 1 of education, and the director of the department of education 2 under other provisions of law relating to this chapter shall 3 mean the applicable board of directors of the school district. 4 2. Any rule, regulation, form, order, or directive 5 promulgated by the department of education, the state board 6 of education, or the director of the department of education 7 relative to the provisions of this chapter in existence at the 8 conclusion of the fiscal year beginning July 1, 2013, shall 9 continue in full force and effect. 10 Sec. 60. Section 282.18, subsections 5 and 13, Code 2013, 11 are amended to read as follows: 12 5. Open enrollment applications filed after March 1 13 of the preceding school year that do not qualify for good 14 cause as provided in subsection 4 shall be subject to the 15 approval of the board of the resident district and the board 16 of the receiving district. The parent or guardian shall send 17 notification to the district of residence and the receiving 18 district that the parent or guardian seeks to enroll the 19 parent’s or guardian’s child in the receiving district. A 20 decision of either board to deny an application filed under 21 this subsection involving repeated acts of harassment of the 22 student or serious health condition of the student that the 23 resident district cannot adequately address is subject to 24 appeal under section 290.1 . The state board shall exercise 25 broad discretion to achieve just and equitable results that are 26 in the best interest of the affected child or children. 27 13. If a request under this section is for transfer to a 28 laboratory school, as described in chapter 265 , the student, 29 who is the subject of the request, shall not be included in 30 the basic enrollment of the student’s district of residence, 31 and the laboratory school shall report the enrollment of the 32 student directly to the department of education management , 33 unless the number of students from the district attending the 34 laboratory school during the current school year, as a result 35 -27- LSB 1868XS (7) 85 md/sc 27/ 48
S.F. 336 of open enrollment under this section , exceeds the number of 1 students enrolled in the laboratory school from that district 2 during the 1989-1990 school year. If the number of students 3 enrolled in the laboratory school from a district during the 4 current year exceeds the number of students enrolled from that 5 district during the 1989-1990 school year, those students who 6 represent the difference between the current and the 1988-1989 7 school year enrollment figures shall be included in the basic 8 enrollment of the students’ districts of residence and the 9 districts shall retain any moneys received as a result of the 10 inclusion of the student in the district enrollment. The total 11 number of students enrolled at a laboratory school during a 12 school year shall not exceed six hundred seventy students. The 13 regents institution operating the laboratory school and the 14 board of directors of the school district in the community 15 in which the regents institution is located shall develop 16 a student transfer policy designed to protect and promote 17 the quality and integrity of the teacher education program 18 at the laboratory school, the viability of the education 19 program of the local school district in which the regents 20 institution is located, and to indicate the order in which and 21 reasons why requests to transfer to a laboratory school shall 22 be considered. A laboratory school may deny a request for 23 transfer under the policy. A denial of a request to transfer 24 under this subsection is not subject to appeal under section 25 290.1 . 26 Sec. 61. Section 282.18, subsection 15, Code 2013, is 27 amended by striking the subsection. 28 Sec. 62. Section 283.1, Code 2013, is amended to read as 29 follows: 30 283.1 Federal funds accepted. 31 The director of the department of education management 32 is the “state educational authority” for the purpose of 33 accepting and administering funds appropriated by Congress for 34 educational purposes and the funds shall be deposited with the 35 -28- LSB 1868XS (7) 85 md/sc 28/ 48
S.F. 336 treasurer of state and disbursed through the department of 1 administrative services on vouchers audited as provided by law. 2 When state matching funds are required as a condition to the 3 acceptance of federal funds, the director of the department 4 of education management may make expenditures for matching 5 only from funds provided by the legislature for that purpose. 6 However, when federal funds may be matched with expenditures 7 from funds appropriated for the general operation of the 8 department of education management , this may be done with the 9 approval of the legislative council. 10 Sec. 63. NEW SECTION . 283A.1A Transfer of authority and 11 duties. 12 1. Beginning July 1, 2014, the authority and duties of 13 the department of education, the state board of education, 14 and the director of the department of education under this 15 chapter, to the extent feasible, shall be transferred to the 16 boards of directors for the respective school districts in the 17 state. Accordingly, beginning July 1, 2014, all references to 18 the department of education, the state board of education, and 19 the director of the department of education under this chapter 20 and references to the department of education, the state board 21 of education, and the director of the department of education 22 under other provisions of law relating to this chapter shall 23 mean the applicable board of directors of the school district. 24 2. Any rule, regulation, form, order, or directive 25 promulgated by the department of education, the state board 26 of education, or the director of the department of education 27 relative to the provisions of this chapter in existence at the 28 conclusion of the fiscal year beginning July 1, 2013, shall 29 continue in full force and effect. 30 Sec. 64. Section 283A.3, Code 2013, is amended to read as 31 follows: 32 283A.3 Expenditure of federal funds. 33 The director of the department of education management shall 34 accept and direct the disbursement of funds appropriated by any 35 -29- LSB 1868XS (7) 85 md/sc 29/ 48
S.F. 336 Act of Congress and appropriated to the state of Iowa for use 1 in connection with school breakfast or lunch programs. The 2 director shall deposit the funds with the treasurer of the 3 state of Iowa, who shall make disbursements upon the direction 4 of the director. 5 Sec. 65. NEW SECTION . 284.1A Transfer of authority and 6 duties. 7 1. Beginning July 1, 2014, the authority and duties of 8 the department of education, the state board of education, 9 and the director of the department of education under this 10 chapter, to the extent feasible, shall be transferred to the 11 boards of directors for the respective school districts in the 12 state. Accordingly, beginning July 1, 2014, all references to 13 the department of education, the state board of education, and 14 the director of the department of education under this chapter 15 and references to the department of education, the state board 16 of education, and the director of the department of education 17 under other provisions of law relating to this chapter shall 18 mean the applicable board of directors of the school district. 19 2. Any rule, regulation, form, order, or directive 20 promulgated by the department of education, the state board 21 of education, or the director of the department of education 22 relative to the provisions of this chapter in existence at the 23 conclusion of the fiscal year beginning July 1, 2013, shall 24 continue in full force and effect. 25 Sec. 66. NEW SECTION . 284A.1A Transfer of authority and 26 duties. 27 1. Beginning July 1, 2014, the authority and duties of 28 the department of education, the state board of education, 29 and the director of the department of education under this 30 chapter, to the extent feasible, shall be transferred to the 31 boards of directors for the respective school districts in the 32 state. Accordingly, beginning July 1, 2014, all references to 33 the department of education, the state board of education, and 34 the director of the department of education under this chapter 35 -30- LSB 1868XS (7) 85 md/sc 30/ 48
S.F. 336 and references to the department of education, the state board 1 of education, and the director of the department of education 2 under other provisions of law relating to this chapter shall 3 mean the applicable board of directors of the school district. 4 2. Any rule, regulation, form, order, or directive 5 promulgated by the department of education, the state board 6 of education, or the director of the department of education 7 relative to the provisions of this chapter in existence at the 8 conclusion of the fiscal year beginning July 1, 2013, shall 9 continue in full force and effect. 10 Sec. 67. NEW SECTION . 285.7 Transfer of authority and 11 duties. 12 1. Beginning July 1, 2014, the authority and duties of 13 the department of education, the state board of education, 14 and the director of the department of education under this 15 chapter, to the extent feasible, shall be transferred to the 16 boards of directors for the respective school districts in the 17 state. Accordingly, beginning July 1, 2014, all references to 18 the department of education, the state board of education, and 19 the director of the department of education under this chapter 20 and references to the department of education, the state board 21 of education, and the director of the department of education 22 under other provisions of law relating to this chapter shall 23 mean the applicable board of directors of the school district. 24 2. Any rule, regulation, form, order, or directive 25 promulgated by the department of education, the state board 26 of education, or the director of the department of education 27 relative to the provisions of this chapter in existence at the 28 conclusion of the fiscal year beginning July 1, 2013, shall 29 continue in full force and effect. 30 Sec. 68. Section 291.11, Code 2013, is amended to read as 31 follows: 32 291.11 Officers reported. 33 The secretary shall report to the director of the department 34 of education management , the county auditor, and county 35 -31- LSB 1868XS (7) 85 md/sc 31/ 48
S.F. 336 treasurer the name and post office address of the president, 1 treasurer and secretary of the board as soon as practicable 2 after the qualification of each. 3 Sec. 69. NEW SECTION . 292.1A Transfer of authority and 4 duties. 5 1. Beginning July 1, 2014, the authority and duties of the 6 department of education under this chapter shall be transferred 7 to the department of revenue. Accordingly, beginning July 1, 8 2014, all references to the department of education under this 9 chapter and references to the department of education under 10 other provisions of law relating to this chapter shall mean the 11 department of revenue. 12 2. Any moneys remaining in any account or fund under the 13 control of the department of education at the conclusion of the 14 fiscal year beginning July 1, 2013, relative to the provisions 15 of this chapter shall be transferred to the control of the 16 department of revenue for such purposes. Notwithstanding 17 section 8.33, the moneys transferred in accordance with this 18 subsection shall not revert to the account or fund from which 19 appropriated or transferred. 20 3. Any contract entered into by the department of education 21 relating to the provisions of this chapter in effect at the 22 conclusion of the fiscal year beginning July 1, 2013, shall 23 continue in full force and effect pending transfer of such 24 contracts to the department of revenue. 25 4. Any rule, regulation, form, order, or directive 26 promulgated by the department of education relative to the 27 provisions of this chapter in existence at the conclusion of 28 the fiscal year beginning July 1, 2013, shall continue in full 29 force and effect until amended, repealed, or supplemented by 30 affirmative action of the department of revenue under the 31 duties and powers established in this chapter and under the 32 procedure established in subsection 5. 33 5. In regard to updating references and format in the Iowa 34 administrative code in order to correspond to the transferring 35 -32- LSB 1868XS (7) 85 md/sc 32/ 48
S.F. 336 of duties of this chapter, the administrative rules coordinator 1 and the administrative rules review committee, in consultation 2 with the administrative code editor, shall jointly develop a 3 schedule for the necessary updating of the Iowa administrative 4 code. 5 Sec. 70. Section 294.5, Code 2013, is amended to read as 6 follows: 7 294.5 Reports. 8 The teacher shall file with the school superintendent and 9 the director of the department of education such reports and in 10 such manner as may be required. 11 Sec. 71. Section 296.3, Code 2013, is amended to read as 12 follows: 13 296.3 Election called. 14 Within ten days of receipt of a petition filed under section 15 296.2 , the president of the board of directors shall call a 16 meeting of the board. The meeting shall be held within thirty 17 days after the petition was received. At the meeting, the 18 board shall call the election, fixing the time of the election, 19 which may be at the time and place of holding the regular 20 school election. However, if the board determines by unanimous 21 vote that the proposition or propositions requested by a 22 petition to be submitted at an election are grossly unrealistic 23 or contrary to the needs of the school district, no election 24 shall be called. If more than one petition has been received 25 by the time the board meets to consider the petition triggering 26 the meeting, the board shall act upon the petitions in the 27 order they were received at the meeting called to consider the 28 initial petition. The decision of the board may be appealed to 29 the state board of education as provided in chapter 290 . The 30 president shall notify the county commissioner of elections of 31 the time of the election. 32 Sec. 72. NEW SECTION . 297.37 Transfer of authority and 33 duties. 34 1. Beginning July 1, 2014, the authority and duties of the 35 -33- LSB 1868XS (7) 85 md/sc 33/ 48
S.F. 336 department of education and the director of the department 1 of education under this chapter shall be transferred to the 2 department of administrative services and the director of the 3 department of administrative services. Accordingly, beginning 4 July 1, 2014, all references to the department of education 5 and the director of the department of education under this 6 chapter and references to the department of education and the 7 director of the department of education under other provisions 8 of law relating to this chapter shall mean the department of 9 administrative services or the director of the department of 10 administrative services. 11 2. Any rule, regulation, form, order, or directive 12 promulgated by the department of education or the director 13 of the department of education relative to the provisions of 14 this chapter in existence at the conclusion of the fiscal 15 year beginning July 1, 2013, shall continue in full force and 16 effect. 17 Sec. 73. Section 298A.8, Code 2013, is amended to read as 18 follows: 19 298A.8 Student activity fund. 20 The student activity fund is a special revenue fund. A 21 student activity fund must be established in any school 22 corporation receiving money from student-related activities 23 such as admissions, activity fees, student dues, student 24 fund-raising events, or other student-related cocurricular or 25 extracurricular activities. Moneys in this fund shall be used 26 to support only the cocurricular program defined in department 27 of education administrative rules . 28 Sec. 74. NEW SECTION . 299.25 Transfer of authority and 29 duties. 30 1. Beginning July 1, 2014, the authority and duties of 31 the department of education, the state board of education, 32 and the director of the department of education under this 33 chapter, to the extent feasible, shall be transferred to the 34 boards of directors for the respective school districts in the 35 -34- LSB 1868XS (7) 85 md/sc 34/ 48
S.F. 336 state. Accordingly, beginning July 1, 2014, all references to 1 the department of education, the state board of education, and 2 the director of the department of education under this chapter 3 and references to the department of education, the state board 4 of education, and the director of the department of education 5 under other provisions of law relating to this chapter shall 6 mean the applicable board of directors of the school district. 7 2. Any rule, regulation, form, order, or directive 8 promulgated by the department of education, the state board 9 of education, or the director of the department of education 10 relative to the provisions of this chapter in existence at the 11 conclusion of the fiscal year beginning July 1, 2013, shall 12 continue in full force and effect. 13 Sec. 75. NEW SECTION . 299A.1A Transfer of authority and 14 duties. 15 1. Beginning July 1, 2014, the authority and duties of 16 the department of education, the state board of education, 17 and the director of the department of education under this 18 chapter, to the extent feasible, shall be transferred to the 19 boards of directors for the respective school districts in the 20 state. Accordingly, beginning July 1, 2014, all references to 21 the department of education, the state board of education, and 22 the director of the department of education under this chapter 23 and references to the department of education, the state board 24 of education, and the director of the department of education 25 under other provisions of law relating to this chapter shall 26 mean the applicable board of directors of the school district. 27 2. Any rule, regulation, form, order, or directive 28 promulgated by the department of education, the state board 29 of education, or the director of the department of education 30 relative to the provisions of this chapter in existence at the 31 conclusion of the fiscal year beginning July 1, 2013, shall 32 continue in full force and effect. 33 Sec. 76. NEW SECTION . 301.1A Transfer of authority and 34 duties. 35 -35- LSB 1868XS (7) 85 md/sc 35/ 48
S.F. 336 1. Beginning July 1, 2014, the authority and duties of 1 the department of education, the state board of education, 2 and the director of the department of education under this 3 chapter, to the extent feasible, shall be transferred to the 4 boards of directors for the respective school districts in the 5 state. Accordingly, beginning July 1, 2014, all references to 6 the department of education, the state board of education, and 7 the director of the department of education under this chapter 8 and references to the department of education, the state board 9 of education, and the director of the department of education 10 under other provisions of law relating to this chapter shall 11 mean the applicable board of directors of the school district. 12 2. Any rule, regulation, form, order, or directive 13 promulgated by the department of education, the state board 14 of education, or the director of the department of education 15 relative to the provisions of this chapter in existence at the 16 conclusion of the fiscal year beginning July 1, 2013, shall 17 continue in full force and effect. 18 Sec. 77. REPEAL. Sections 260C.6, 276.4, and 291.10, Code 19 2013, are repealed. 20 Sec. 78. REPEAL. Chapters 256, 256A, 256G, and 290, Code 21 2013, are repealed. 22 Sec. 79. EFFECTIVE DATE. This division of this Act takes 23 effect July 1, 2014. 24 DIVISION II 25 CORRESPONDING AMENDMENT LEGISLATION 26 Sec. 80. CORRESPONDING AMENDMENTS LEGISLATION. Additional 27 legislation is required to fully implement division I of this 28 Act. The director of the department of education shall, in 29 compliance with section 2.16, prepare draft legislation for 30 submission to the legislative services agency, as necessary, 31 to implement the transition and elimination of authority and 32 duties under division I of this Act and to implement the 33 transition and elimination of authority and duties under other 34 provisions of law including but not limited to the duties and 35 -36- LSB 1868XS (7) 85 md/sc 36/ 48
S.F. 336 authority of the department of education, the state board of 1 education, the director of the department of education, and any 2 division, commission, or subunit of such entities or offices 3 under chapters 7A, 7E, 8A, 8D, 8F, 11, 12, 15, 15H, 16, 19B, 4 22, 48A, 68B, 73, 80E, 84A, 85, 96, 99B, 125, 135, 139A, 141A, 5 142A, 154B, 154F, 161A, 190A, 216A, 218, 220A, 225B, 225C, 232, 6 234, 237, 237A, 237B, 239B, 241, 249A, 257, 261B, 307A, 321, 7 321J, 322, 350, 423E, 423F, 455A, 455E, 473, 514I, 714, and 8 904. 9 DIVISION III 10 EDUCATION FINANCE AND 11 EDUCATION SAVINGS GRANTS 12 Sec. 81. Section 8.6, Code 2013, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 18. Education savings grant 15 applications. Adopt rules relating to applications for an 16 education savings grant pursuant to section 257.11B, including 17 application processing timelines, and required information for 18 submission by a parent or guardian. 19 Sec. 82. NEW SECTION . 257.1A Transfer of authority and 20 duties. 21 1. Beginning July 1, 2014, the authority and duties of 22 the department of education, the state board of education, 23 and the director of the department of education under this 24 chapter shall be transferred to the department of management 25 and the director of the department of management. Accordingly, 26 beginning July 1, 2014, all references to the department of 27 education under this chapter and references to the department 28 of education under other provisions of law relating to this 29 chapter shall mean the department of management and all 30 references to the state board of education or the director 31 of the department of education under this chapter or other 32 provisions of law relating to this chapter shall mean the 33 director of the department of management. 34 2. Any moneys remaining in any account or fund under the 35 -37- LSB 1868XS (7) 85 md/sc 37/ 48
S.F. 336 control of the department of education at the conclusion of the 1 fiscal year beginning July 1, 2013, relative to the provisions 2 of this chapter shall be transferred to the control of the 3 department of management for such purposes. Notwithstanding 4 section 8.33, the moneys transferred in accordance with this 5 subsection shall not revert to the account or fund from which 6 appropriated or transferred. 7 3. Any contract entered into by the department of education 8 relating to the provisions of this chapter in effect at the 9 conclusion of the fiscal year beginning July 1, 2013, shall 10 continue in full force and effect pending transfer of such 11 contracts to the department of management. 12 4. Any rule, regulation, form, order, or directive 13 promulgated by the department of education relative to the 14 provisions of this chapter in existence at the conclusion of 15 the fiscal year beginning July 1, 2013, shall continue in full 16 force and effect until amended, repealed, or supplemented by 17 affirmative action of the department of management under the 18 duties and powers established in this chapter and under the 19 procedure established in subsection 5. 20 5. In regard to updating references and format in the Iowa 21 administrative code in order to correspond to the transferring 22 of duties of this chapter, the administrative rules coordinator 23 and the administrative rules review committee, in consultation 24 with the administrative code editor, shall jointly develop a 25 schedule for the necessary updating of the Iowa administrative 26 code. 27 Sec. 83. NEW SECTION . 257.11B Education savings grant 28 program. 29 1. Pupils eligible to enroll in grades kindergarten through 30 twelve or eligible to participate in a preschool program under 31 chapter 256C and attending a nonpublic school, receiving 32 competent private instruction under chapter 299A, or receiving 33 private preschool instruction shall be eligible to receive an 34 education savings grant in the manner provided in this section 35 -38- LSB 1868XS (7) 85 md/sc 38/ 48
S.F. 336 for school years beginning on or after July 1, 2014. Education 1 savings grants shall be made available to parents and guardians 2 in the manner authorized under subsection 4, paragraph “c” , for 3 the payment of qualified education expenses as provided in this 4 section. 5 2. a. (1) By January 31 preceding the school year for 6 which the education savings grant is requested, the parent 7 or guardian of the pupil requesting to receive an education 8 savings grant shall submit an application to the department of 9 management, on application forms developed by the department 10 of management, indicating that the parent or guardian intends 11 to enroll the pupil in a nonpublic school, provide competent 12 private instruction for the pupil under chapter 299A, or 13 provide private preschool instruction. 14 (2) In addition to such information deemed appropriate by 15 the department of management, the application shall require 16 certification from the nonpublic school of the pupil’s 17 enrollment for the following school year or a statement 18 indicating the parent or guardian’s intent to provide or 19 arrange for competent private instruction or private preschool 20 instruction for the pupil for the following school year. 21 b. By March 1 preceding the school year for which the 22 education savings grant is requested, the department of 23 management shall notify the parent or guardian of each pupil 24 who is approved to receive an education savings grant and the 25 amount of the grant. 26 c. Education savings grants shall only be approved for one 27 school year and applications must be submitted under paragraph 28 “a” for education savings grants in subsequent school years. 29 3. a. The department of management shall assign each pupil 30 an education savings grant in an amount equal to the statewide 31 average state foundation aid per pupil in the same school 32 year. However, for a pupil that is eligible to participate 33 in a preschool program under chapter 256C, the amount of the 34 grant shall be an amount equal to fifty percent of the regular 35 -39- LSB 1868XS (7) 85 md/sc 39/ 48
S.F. 336 program state cost per pupil for the same school year. 1 b. The department of management shall on July 1 following 2 the determination of the amount of the education savings grant 3 for each approved pupil transfer such amounts to the pupil’s 4 account in the education savings grant fund established under 5 subsection 4. Such amount shall be available to the pupil’s 6 parent or guardian in the manner authorized under subsection 7 4, paragraph “c” , for the payment of qualified educational 8 expenses incurred by such persons for the pupil during that 9 school year. 10 4. An education savings grant fund is created in the state 11 treasury under the control of the department of management 12 consisting of moneys appropriated to the department for the 13 purpose of providing education savings grants under this 14 section. For the fiscal year commencing July 1, 2014, and 15 each succeeding fiscal year, there is appropriated from the 16 general fund of the state to the department of management to be 17 credited to the fund the amount necessary to pay all education 18 savings grants approved for that fiscal year. The director of 19 the department of management has all powers necessary to carry 20 out and effectuate the purposes, objectives, and provisions of 21 this section pertaining to the fund, including the power to do 22 all of the following: 23 a. Make and enter into contracts necessary for the 24 administration of the fund. 25 b. Procure insurance against any loss in connection with the 26 assets of the fund or require a surety bond. 27 c. Contract with a private financial management firm to 28 manage the fund, in collaboration with the treasurer of state, 29 including providing for the disbursement of education savings 30 grants in the form of an electronic debit card or checks that 31 are payable directly from the pupil’s account within the fund. 32 d. Conduct audits or other review necessary to properly 33 administer the program. 34 e. Adopt rules pursuant to chapter 17A for the 35 -40- LSB 1868XS (7) 85 md/sc 40/ 48
S.F. 336 administration of the fund and accounts within the fund. 1 5. a. For each pupil approved for an education savings 2 grant, the department of management shall establish an account 3 for that pupil in the education savings grant fund. The 4 amount of the pupil’s education savings grant determined under 5 subsection 3 shall be deposited into the pupil’s account on 6 July 1 and such amount shall be immediately available for the 7 payment of qualified education expenses incurred by the parent 8 or guardian for the pupil during that fiscal year using the 9 payment method authorized under subsection 4, paragraph “c” . 10 b. A nonpublic school or other entity that accepts payment 11 from a parent or guardian using funds from a pupil’s account in 12 the education savings grant fund shall not refund, rebate, or 13 share any portion of such payment with the parent, guardian, or 14 pupil. 15 c. Moneys remaining in a pupil’s account upon conclusion 16 of the fiscal year shall remain in the pupil’s account within 17 the education savings grant fund for the payment of qualified 18 educational expenses in future fiscal years or for the payment 19 of higher education costs under subsection 8. 20 6. For purposes of this section, “qualified educational 21 expense” includes tuition and fees at a nonpublic school 22 or nonpublic preschool, textbooks, fees or payments for 23 tutoring or cognitive skills training, curriculum materials, 24 tuition or fees for nonpublic online education programs, 25 education materials and services for pupils with disabilities, 26 standardized test fees, fees required by the department not to 27 exceed for each grant recipient five percent of the total grant 28 amount in any fiscal year, and other expenses incurred by the 29 parent or guardian that are directly related to the education 30 of the pupil at a nonpublic preschool or a nonpublic school, 31 including a nonpublic school accredited by an independent 32 accrediting agency approved by the department of management, or 33 directly related to providing competent private instruction for 34 the pupil under chapter 299A or private preschool instruction. 35 -41- LSB 1868XS (7) 85 md/sc 41/ 48
S.F. 336 The cost of one computer or other portable computing device 1 shall be allowed as a qualified educational expense for 2 a pupil if such a purchase has not been made using funds 3 from that pupil’s account in either of the two immediately 4 preceding fiscal years. “Qualified educational expenses” do not 5 include transportation costs for the pupil, the cost of food 6 or refreshments consumed by the pupil, the cost of clothing 7 for the pupil, or the cost of disposable materials including 8 but not limited to paper, notebooks, pencils, pens, and art 9 supplies. 10 7. A person who makes a false claim for the purpose of 11 obtaining an education savings grant provided for in this 12 section or who knowingly receives the grant or makes a payment 13 from an account within the education savings grant fund 14 without being legally entitled to it is guilty of a fraudulent 15 practice. The false claim for an education savings grant or a 16 payment from an account shall be disallowed and if amounts from 17 the grant have been disbursed from the applicable account in 18 the education savings grant fund, the department of management 19 shall initiate legal proceedings to recover such amounts. A 20 parent or guardian, or a pupil for purposes of subsection 8, 21 who violates this subsection is prohibited from participating 22 in the education savings grant program in the future. 23 8. For each pupil with a positive balance in the pupil’s 24 account in the education savings grant fund upon graduation 25 from high school or completion of an equivalent level of 26 competent private instruction under chapter 299A, the 27 department of management shall maintain such account in the 28 fund until the pupil is twenty-five years of age. Following 29 graduation from high school until the pupil is twenty-five 30 years of age, moneys in the pupil’s account may be used for 31 higher education costs, as defined in section 12D.1, subsection 32 2, incurred by the pupil while attending an institution of 33 higher education under the control of the state board of 34 regents, a community college located in this state, or a 35 -42- LSB 1868XS (7) 85 md/sc 42/ 48
S.F. 336 private college or university located in this state. Payments 1 from a pupil’s account for higher education costs shall be 2 made in the same manner as payments for qualified educational 3 expenses under subsection 5. Moneys in a pupil’s account when 4 the pupil turns twenty-five years of age shall be transferred 5 by the department of management for deposit in the general fund 6 of the state. 7 9. This section shall not be construed to authorize this 8 state or any political subdivision of this state to exercise 9 authority over any nonpublic school or pupil receiving 10 competent private instruction under chapter 299A or construed 11 to require a nonpublic school to modify its admissions or 12 educational program in order to receive payment from a parent 13 or guardian using funds from a pupil’s account in the education 14 savings grant fund. A nonpublic school or entity providing 15 competent private instruction under chapter 299A, that accepts 16 payment from a parent or guardian using funds from a pupil’s 17 account in the education savings grant fund is not an agent 18 of this state or other political subdivision of this state. 19 Rules adopted by the department of management to implement this 20 section that impose an undue burden on a nonpublic school or 21 entity providing competent private instruction under chapter 22 299A are invalid. 23 Sec. 84. APPLICABILITY. This division of this Act applies 24 to school budget years and fiscal years beginning on or after 25 July 1, 2014. 26 Sec. 85. EFFECTIVE DATE. The section of this division of 27 this Act enacting section 257.1A takes effect July 1, 2014. 28 DIVISION IV 29 CORRESPONDING AMENDMENTS LEGISLATION 30 Sec. 86. CORRESPONDING AMENDMENTS LEGISLATION. Additional 31 legislation is required to fully implement the section of 32 division III of this Act enacting section 257.1A. The director 33 of the department of education shall, in compliance with 34 section 2.16, prepare draft legislation for submission to the 35 -43- LSB 1868XS (7) 85 md/sc 43/ 48
S.F. 336 legislative services agency, as necessary, to implement the 1 transition and elimination of authority and duties of the 2 department of education, the state board of education, and 3 director of the department of education under the section 4 of division III of this Act enacting section 257.1A and to 5 implement the transition and elimination of authority and 6 duties under other provisions of law. 7 EXPLANATION 8 This bill relates to education and school district funding 9 by repealing the department of education, modifying the duties 10 and authority of certain state and local governmental entities, 11 establishing an education savings grant program, and modifying 12 the school district funding formula. 13 Division I of the bill repeals Code chapter 256, which 14 establishes the department of education, establishes the office 15 of the director of the department of education, establishes 16 the state board of education, specifies certain educational 17 standards, establishes various education programs, establishes 18 certain councils and entities within the department of 19 education, includes provisions relating to the participation in 20 extracurricular activities, establishes the division of library 21 services, includes the library compact, and establishes the 22 public broadcasting division. 23 Division I of the bill also amends and repeals other chapters 24 of the Code relating to education to transition the duties and 25 authority of the department of education, the director of the 26 department of education, and the state board of education to 27 other specified local and state governmental entities beginning 28 July 1, 2014. 29 Division I of the bill takes effect July 1, 2014. 30 Division II of the bill provides that additional legislation 31 is required to fully implement division I of the bill and 32 requires the director of the department of education to prepare 33 draft legislation in compliance with Code section 2.16 for 34 submission to the legislative services agency, as necessary, 35 -44- LSB 1868XS (7) 85 md/sc 44/ 48
S.F. 336 to implement the transition and elimination of authority and 1 duties under division I of the bill and to implement the 2 transition and elimination of authority and duties under other 3 provisions of law including but not limited to the duties and 4 authority of the department of education, the state board of 5 education, the director of the department of education, and any 6 division, commission, or subunit of such entities or offices 7 under specified Code chapters. 8 Division III of the bill provides that beginning July 9 1, 2014, the authority and duties of the department of 10 education, the state board of education, and the director 11 of the department of education under Code chapter 257 are 12 transferred to the department of management and the director 13 of the department of management. The bill also provides that 14 moneys remaining in any account or fund under the control of 15 the department of education at the conclusion of the fiscal 16 year beginning July 1, 2013, relative to the provisions of Code 17 chapter 257 are transferred to the control of the department 18 of management for such purposes. The bill provides that 19 any contract entered into by the department of education 20 relating to the provisions of Code chapter 257 in effect at 21 the conclusion of the fiscal year beginning July 1, 2013, 22 shall continue in full force and effect pending transfer of 23 such contracts to the department of management. The bill also 24 provides for the continuation of any rule, regulation, form, 25 order, or directive promulgated by the department of education 26 until amended, repealed, or supplemented by affirmative action 27 of the department of management. 28 Division III of the bill provides education savings grants 29 for pupils attending a nonpublic school, receiving competent 30 private instruction, or receiving private preschool instruction 31 and establishes an education savings grant fund. 32 Under division III of the bill, pupils eligible to enroll 33 in grades kindergarten through 12 or eligible to participate 34 in a preschool program under Code chapter 256C and attending a 35 -45- LSB 1868XS (7) 85 md/sc 45/ 48
S.F. 336 nonpublic school, receiving competent private instruction under 1 Code chapter 299A, or receiving private preschool instruction 2 are eligible to receive an education savings grant for school 3 years beginning on or after July 1, 2014. By January 31 4 preceding the school year for which the education savings grant 5 is requested, the parent or guardian of the pupil requesting to 6 receive an education savings grant must submit an application 7 to the department of management. 8 Division III of the bill requires that by March 1 preceding 9 the school year for which the education savings grant is 10 requested, the department of management must notify the parent 11 or guardian of each pupil designated to receive an education 12 savings grant and the amount of the education savings grant. 13 Education savings grants may only be approved for one school 14 year and applications must be submitted for education savings 15 grants in subsequent school years. 16 The amount of each education savings grant is equal to the 17 statewide average state foundation aid per pupil in the same 18 school year or in the case of a preschool eligible pupil an 19 amount equal to 50 percent of the regular program state cost 20 per pupil. 21 Division III of the bill creates an education savings 22 grant fund in the state treasury under the control of the 23 department of management consisting of moneys appropriated to 24 the department for the purpose of providing education savings 25 grants. For the fiscal year commencing July 1, 2014, and each 26 succeeding fiscal year, there is appropriated from the general 27 fund of the state to the department of management for deposit 28 in the fund the amount necessary to pay all education savings 29 grants approved for that fiscal year. For each pupil approved 30 for an education savings grant, the department of management 31 must establish an account for that pupil in the education 32 savings grant fund. The amount of the pupil’s education 33 savings grant is deposited into the pupil’s account on July 1 34 and such amount is available for use by parents and guardians 35 -46- LSB 1868XS (7) 85 md/sc 46/ 48
S.F. 336 for the payment of qualified education expenses, as defined 1 in the bill, incurred by the parent or guardian for the pupil 2 during that fiscal year. 3 Division III of the bill authorizes the department of 4 management to contract with a private financial management firm 5 to manage the education savings grant fund, in collaboration 6 with the treasurer of state, including providing for the 7 disbursement of education savings grants in the form of an 8 electronic debit card or checks that are payable directly from 9 the pupil’s account within the fund. 10 Division III of the bill provides that moneys remaining in a 11 pupil’s account upon the conclusion of the fiscal year shall 12 remain in the pupil’s account within the education savings 13 grant fund for the payment of qualified educational expenses in 14 future fiscal years or for higher education costs as authorized 15 in the bill. 16 Under the division, for each pupil with a positive balance in 17 the pupil’s account in the education savings grant fund upon 18 graduation from high school or completion of an equivalent 19 level of competent private instruction under Code chapter 20 299A, the department of management is required to maintain the 21 account in the fund until the pupil is 25 years old. Until 22 the pupil is 25 years old, moneys in the pupil’s account may 23 be used by the pupil for higher education costs, as defined 24 in Code section 12D.1. Moneys in a pupil’s account when the 25 pupil turns 25 years old are transferred by the department of 26 management for deposit in the general fund of the state. 27 Division III of the bill provides that a person who makes a 28 false claim for the purpose of obtaining an education savings 29 grant or who knowingly receives the grant or makes a payment 30 from an account within the education savings grant fund without 31 being legally entitled to it is guilty of a fraudulent practice 32 and is subject to a criminal penalty. The bill allows the 33 department of management to initiate legal proceedings to 34 recover grants and amounts improperly awarded or paid from 35 -47- LSB 1868XS (7) 85 md/sc 47/ 48
S.F. 336 accounts under the bill. 1 The section of division III of the bill enacting Code section 2 257.1A takes effect July 1, 2014. Division III of the bill 3 applies to school budget years and fiscal years beginning on 4 or after July 1, 2014. 5 Division IV of the bill provides that additional legislation 6 is required to fully implement division III of the bill and 7 requires the director of the department of education to prepare 8 draft legislation in compliance with Code section 2.16 for 9 submission to the legislative services agency, as necessary, 10 to implement the transition and elimination of authority and 11 duties of the department of education pursuant to new Code 12 section 257.1A and to implement the transition and elimination 13 of authority and duties under other provisions of law. 14 -48- LSB 1868XS (7) 85 md/sc 48/ 48