Senate Study Bill 1206 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON QUIRMBACH) A BILL FOR An Act relating to education by modifying the duties and 1 operations of the department of education, community 2 colleges, the school budget review committee, and local 3 school boards, eliminating a reporting requirement relating 4 to vocational education funds, creating a task force to 5 review the reporting required of school districts, and 6 including applicability provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1722SC (2) 85 kh/sc
S.F. _____ Section 1. Section 256.5A, Code 2013, is amended to read as 1 follows: 2 256.5A Nonvoting member. 3 1. a. The governor shall appoint the one nonvoting 4 student member of the state board for a term of one year two 5 years beginning and ending as provided in section 69.19 . The 6 nonvoting student member shall be appointed from a list of 7 names submitted by the state board of education. Students 8 enrolled in either grade ten or eleven in a public school 9 may apply to the state board to serve as a nonvoting student 10 member. 11 b. The department shall develop an application process that 12 requires the consent of the student’s parent or guardian if 13 the student is a minor, initial application approval by the 14 school district in which the student applicant is enrolled, and 15 submission of approved applications by a school district to the 16 department. 17 2. The nonvoting student member’s school district of 18 enrollment shall notify the student’s parents if the student’s 19 grade point average falls during the period in which the 20 student is a member of the state board. 21 3. The state board shall adopt rules under chapter 17A 22 specifying criteria for the selection of applicants whose names 23 shall be submitted to the governor. Criteria shall include , 24 but are not limited to , academic excellence, participation 25 in extracurricular and community activities, and interest in 26 serving on the board. Rules adopted by the state board shall 27 also require, if the student is a minor, supervision of the 28 student by the student’s parent or guardian while the student 29 is engaged in authorized state board business at a location 30 other than the community in which the student resides, unless 31 the student’s parent or guardian submits to the state board a 32 signed release indicating the parent or guardian has determined 33 that supervision of the student by the parent or guardian is 34 unnecessary. 35 -1- LSB 1722SC (2) 85 kh/sc 1/ 23
S.F. _____ 4. The nonvoting student member appointment is not subject 1 to section 69.16 or 69.16A . 2 5. The nonvoting student member shall have been enrolled 3 in a public school in Iowa for at least one year prior to the 4 member’s appointment. A nonvoting student member who will not 5 graduate from high school prior to the end of a second term may 6 apply to the state board for submission of candidacy to the 7 governor for a second one-year term. 8 6. A nonvoting student member shall be paid a per diem as 9 provided in section 7E.6 and the student and the student’s 10 parent or guardian shall be reimbursed for actual and necessary 11 expenses incurred in the performance of the student’s duties as 12 a nonvoting member of the state board. 13 7. A vacancy in the membership of the nonvoting student 14 member shall not be filled until the expiration of the term. 15 Sec. 2. Section 256.30, Code 2013, is amended to read as 16 follows: 17 256.30 Educational expenses for American Indians. 18 1. For the fiscal year beginning July 1, 2011, and ending 19 June 30, 2012, and for each succeeding fiscal year, there 20 is appropriated from the general fund of the state to the 21 department the sum of one hundred thousand dollars. The 22 department shall distribute the appropriation to the tribal 23 council of the Sac and Fox Indian settlement for expenses of 24 educating American Indian children residing in the Sac and Fox 25 Indian settlement on land held in trust by the secretary of 26 the interior of the United States in excess of federal moneys 27 paid to the tribal council for educating the American Indian 28 children when moneys are appropriated for that purpose . The 29 tribal council shall administer the moneys distributed pursuant 30 to this section and shall submit an annual report and other 31 reports as required by the department to the department on the 32 expenditure of the moneys. 33 2. The tribal council shall administer the moneys 34 distributed by the department pursuant to subsection 1 and 35 -2- LSB 1722SC (2) 85 kh/sc 2/ 23
S.F. _____ shall first use moneys distributed to it by the department 1 of education for the purposes of this section to pay the 2 additional costs of salaries for licensed instructional staff 3 for educational attainment and full-time equivalent years 4 of experience to equal the salaries listed on the proposed 5 salary schedule for the school at the Sac and Fox Indian 6 settlement for that school year, but the salary for a licensed 7 instructional staff member employed on a full-time basis shall 8 not be less than eighteen thousand dollars. The department of 9 management shall approve allotments of moneys appropriated in 10 and distributed pursuant to this section when the department of 11 education certifies to the department of management that the 12 requirements of this section have been met . 13 Sec. 3. Section 257.6, subsection 1, paragraph a, 14 subparagraph (3), Code 2013, is amended to read as follows: 15 (3) Shared-time and part-time pupils of school age enrolled 16 in public schools within the district, irrespective of the 17 districts in which the pupils reside, in the proportion that 18 the time for which they are enrolled or receive instruction for 19 the school year is to the time that full-time pupils carrying 20 a normal course schedule, at the same grade level, in the 21 same school district, for the same school year, are enrolled 22 and receive instruction. Tuition charges to the parent or 23 guardian of a shared-time or part-time nonresident pupil shall 24 be reduced by the amount of any increased state aid received by 25 the district by the counting of the pupil. This subparagraph 26 applies to pupils enrolled in grades nine through twelve under 27 section 299A.8 and to pupils from accredited nonpublic schools 28 accessing classes or services on the accredited nonpublic 29 school premises or the school district site, but excludes 30 accredited nonpublic school pupils receiving classes or 31 services funded by federal grants or allocations. 32 Sec. 4. Section 257.11, subsection 3, paragraph c, Code 33 2013, is amended by striking the paragraph. 34 Sec. 5. Section 257.11, Code 2013, is amended by adding the 35 -3- LSB 1722SC (2) 85 kh/sc 3/ 23
S.F. _____ following new subsection: 1 NEW SUBSECTION . 7A. District to community college 2 innovative sharing project. A school district that collaborates 3 with a community college to provide pupils enrolled in the 4 school district’s high school with a class that uses an 5 activities-based, project-based, and problem-based learning 6 approach that is offered through a partnership with a 7 nationally recognized provider of rigorous and innovative 8 science, technology, engineering, and mathematics curriculum 9 for schools, which provider is exempt from taxation under 10 section 501(c)(3) of the Internal Revenue Code, is eligible to 11 assign its resident pupils attending the class an additional 12 weighting of the percentage of the pupil’s school day during 13 which the pupil attends a class described in this subsection 14 times seventy hundredths. To qualify for additional weighting, 15 the class must supplement, not supplant, high school courses 16 required to be offered pursuant to section 256.11, subsection 17 5. 18 Sec. 6. Section 257.31, subsection 2, Code 2013, is amended 19 to read as follows: 20 2. The committee shall specify publish on the department 21 of education’s internet site the number of hearings held 22 annually by the committee during the most recent fiscal year , 23 the reasons for the committee’s recommendations, a summary of 24 the committee’s decisions and recommendations issued during 25 the most recent fiscal year, information about the amounts of 26 property tax levied by school districts for a cash reserve, 27 and other information the committee deems advisable on the 28 department of education’s internet website . 29 Sec. 7. Section 257.37, subsection 4, Code 2013, is amended 30 to read as follows: 31 4. “Enrollment served” means the basic enrollment plus the 32 number of nonpublic school pupils served with media services 33 or educational services, as applicable, except that if a 34 nonpublic school pupil or a pupil attending another district 35 -4- LSB 1722SC (2) 85 kh/sc 4/ 23
S.F. _____ under a whole grade sharing agreement or open enrollment 1 receives services through an area other than the area of the 2 pupil’s residence, the pupil shall be deemed to be served by 3 the area of the pupil’s residence, which shall by contractual 4 arrangement reimburse the area through which the pupil actually 5 receives services. Each school district shall include in 6 the enrollment report submitted pursuant to section 257.6, 7 subsection 1 , the number of nonpublic school pupils within each 8 school district for media and educational services served by 9 the area. However, the school district shall not include in 10 the enrollment report nonpublic school pupils receiving classes 11 or services funded by federal grants or allocations. 12 Sec. 8. Section 258.12, Code 2013, is amended to read as 13 follows: 14 258.12 Custodian of funds —— reports. 15 The treasurer of state shall be custodian of the funds 16 paid to the state from the appropriations made under said Act 17 of Congress, and shall disburse the same on vouchers audited 18 as provided by law. The treasurer of state shall report 19 the receipts and disbursements of said funds to the general 20 assembly at each biennial session. 21 Sec. 9. Section 259A.1, Code 2013, is amended to read as 22 follows: 23 259A.1 Tests. 24 The department of education shall cause to be made 25 available for qualified individuals a high school equivalency 26 diploma. The diploma shall be issued on the basis of 27 satisfactory competence as shown by tests covering all of the 28 following: reading, arts, language arts, writing literacy , 29 mathematics, science, and social studies. 30 Sec. 10. Section 259A.2, unnumbered paragraph 2, Code 2013, 31 is amended to read as follows: 32 Application shall be made to a testing center approved by the 33 department of education, accompanied by an application fee in 34 an amount prescribed by the department. The test scores shall 35 -5- LSB 1722SC (2) 85 kh/sc 5/ 23
S.F. _____ be forwarded by the testing center scorer of the test to the 1 department. 2 Sec. 11. Section 273.3, subsection 12, Code 2013, is amended 3 to read as follows: 4 12. Prepare an annual budget estimating income and 5 expenditures for programs and services as provided in sections 6 273.1 , 273.2 , this section , sections 273.4 to 273.9 , and 7 chapter 256B within the limits of funds provided under section 8 256B.9 and chapter 257 . The board shall give notice of a 9 public hearing on the proposed budget by publication in an 10 official county newspaper in each county in the territory 11 of the area education agency in which the principal place 12 of business of a school district that is a part of the area 13 education agency is located. The notice shall specify the 14 date, which shall be not later than March 1 of each year, the 15 time, and the location of the public hearing. The proposed 16 budget as approved by the board shall then be submitted to the 17 state board of education, on forms provided by the department, 18 no later than March 15 preceding the next fiscal year for 19 approval. The state board shall review the proposed budget of 20 each area education agency and shall before April May 1, either 21 grant approval or return the budget without approval with 22 comments of the state board included. An unapproved budget 23 shall be resubmitted to the state board for final approval not 24 later than April May 15. For the fiscal year beginning July 25 1, 1999, and each succeeding fiscal year, the The state board 26 shall give final approval only to budgets submitted by area 27 education agencies accredited by the state board or that have 28 been given conditional accreditation by the state board. 29 Sec. 12. Section 273.13, Code 2013, is amended to read as 30 follows: 31 273.13 Administrative expenditures. 32 During the budget year beginning July 1, 1989, and the 33 three succeeding budget years, the board of directors of 34 an area education agency in which the The administrative 35 -6- LSB 1722SC (2) 85 kh/sc 6/ 23
S.F. _____ expenditures as a percent of the an area education agency’s 1 operating general fund for a base year shall not exceed five 2 percent shall reduce its administrative expenditures to five 3 percent of the area education agency’s operating fund . During 4 each of the four years, the board of directors shall reduce 5 administrative expenditures by twenty-five percent of the 6 reduction in administrative expenditure required by this 7 section . Thereafter, the administrative expenditures shall 8 not exceed five percent of the operating fund. Annually, the 9 board of directors shall certify to the department of education 10 the amounts of the area education agency’s expenditures and 11 its operating general fund. For the purposes of this section , 12 “base year” and “budget year” mean means the same as defined in 13 section 442.6 , Code 1989, and section 257.2 , and “administrative 14 expenditures” means expenditures for executive administration. 15 Sec. 13. Section 273.23, subsection 5, Code 2013, is amended 16 to read as follows: 17 5. The initial board, or new board if established in time 18 under subsection 3 , of the newly formed agency shall prepare an 19 annual budget estimating income and expenditures for programs 20 and services as provided in sections 273.1 through 273.9 21 and chapter 256B within the limits of funds provided under 22 section 256B.9 and chapter 257 . The board shall give notice 23 of a public hearing on the proposed budget by publication in 24 an official county newspaper in each county in the territory 25 of the area education agency in which the principal place 26 of business of a school district that is a part of the area 27 education agency is located. The notice shall specify the 28 date, which shall not be later than March 1, the time, and 29 the location of the public hearing. The proposed budget as 30 approved by the board shall be submitted to the state board, 31 on forms provided by the department, no later than March 15 32 for approval. The state board shall review the proposed 33 budget of the newly formed area education agency and shall, 34 before April May 1, either grant approval or return the budget 35 -7- LSB 1722SC (2) 85 kh/sc 7/ 23
S.F. _____ without approval with comments of the state board included. An 1 unapproved budget shall be resubmitted to the state board for 2 final approval not later than April May 15. The state board 3 shall give final approval only to budgets submitted by area 4 education agencies accredited by the state board or that have 5 been given conditional accreditation by the state board. 6 Sec. 14. Section 275.23A, subsection 2, Code 2013, is 7 amended to read as follows: 8 2. Following each federal decennial census the school 9 board shall determine whether the existing director district 10 boundaries meet the standards in subsection 1 according to 11 the most recent federal decennial census. In addition to the 12 authority granted to voters to change the number of directors 13 or method of election as provided in sections 275.35 , 275.36 , 14 and 278.1 , the board of directors of a school district may, 15 following a federal decennial census, by resolution and in 16 accordance with this section , authorize a change in the method 17 of election as set forth in section 275.12, subsection 2 , or 18 a change to either five or seven directors after the board 19 conducts a hearing on the resolution. If the board proposes to 20 change the number of directors from seven to five directors, 21 the resolution shall include a plan for reducing the number 22 of directors. If the board proposes to increase the number 23 of directors to seven directors, two directors shall be 24 added according to the procedure described in section 277.23, 25 subsection 2 . If necessary, the board of directors shall 26 redraw the director district boundaries. The director district 27 boundaries shall be described in the resolution adopted by 28 the school board. The resolution shall be adopted no earlier 29 than November 15 of the second year immediately following the 30 year in which the federal decennial census is taken nor later 31 than May 15 of the second third year immediately following 32 the year in which the federal decennial census is taken. 33 A copy of the plan shall be filed with the area education 34 agency administrator of the area education agency in which the 35 -8- LSB 1722SC (2) 85 kh/sc 8/ 23
S.F. _____ school’s electors reside. If the board does not provide for 1 an election as provided in sections 275.35 , 275.36 , and 278.1 2 and adopts a resolution to change the number of directors or 3 method of election in accordance with this subsection , the 4 district shall change the number of directors or method of 5 election as provided unless, within twenty-eight days following 6 the action of the board, the secretary of the board receives a 7 petition containing the required number of signatures, asking 8 that an election be called to approve or disapprove the action 9 of the board in adopting the resolution. The petition must be 10 signed by eligible electors equal in number to not less than 11 one hundred or thirty percent of the number of voters at the 12 last preceding regular school election, whichever is greater. 13 The board shall either rescind its action or direct the 14 county commissioner of elections to submit the question to the 15 registered voters of the school district at an election held 16 on a date specified in section 39.2, subsection 4 , paragraph 17 “c” . If a majority of those voting on the question at the 18 election favors disapproval of the action of the board, the 19 district shall not change the number of directors or method of 20 election. If a majority of those voting on the question does 21 not favor disapproval of the action, the board shall certify 22 the results of the election to the department of management and 23 the district shall change the number of directors or method of 24 election as provided in this subsection . At the expiration of 25 the twenty-eight-day period, if no petition is filed, the board 26 shall certify its action to the department of management and 27 the district shall change the number of directors or method of 28 election as provided in this subsection . 29 Sec. 15. Section 278.1, subsection 1, paragraph e, Code 30 2013, is amended to read as follows: 31 e. Direct the transfer of any surplus in the debt service 32 fund, physical plant and equipment levy fund , or other capital 33 projects project funds, or public education and recreation levy 34 fund to the general fund. 35 -9- LSB 1722SC (2) 85 kh/sc 9/ 23
S.F. _____ Sec. 16. Section 279.30, Code 2013, is amended to read as 1 follows: 2 279.30 Exceptions. 3 Each payment must be made payable to the person entitled to 4 receive the money or deposited directly into an account at a 5 financial institution, as defined in section 527.2, specified 6 by the person entitled to receive the money . The board of 7 directors of a school district or an area education agency may 8 by resolution authorize the secretary, upon approval of the 9 superintendent or designee, or administrator, in the case of 10 an area education agency, to issue payments when the board 11 of directors is not in session in payment of reasonable and 12 necessary expenses, but only upon verified bills filed with the 13 secretary or administrator, and for the payment of salaries 14 pursuant to the terms of a written contract. Each payment 15 must be made payable only to the person performing the service 16 or presenting the verified bill, and must state the purpose 17 for which the payment is issued. All bills and salaries for 18 which payments are issued prior to audit and allowance by the 19 board must be passed upon by the board of directors at the next 20 meeting and be entered in the regular minutes of the secretary. 21 Sec. 17. Section 279.42, Code 2013, is amended to read as 22 follows: 23 279.42 Gifts to schools. 24 The board of directors of a school district which that 25 receives funds through gifts, devises, and bequests a gift, 26 devise, or bequest shall deposit these the funds in a trust 27 and fund, permanent fund, or agency fund and shall use them 28 the funds in accordance with the terms of the gift, devise, or 29 bequest. 30 Sec. 18. Section 279.45, Code 2013, is amended to read as 31 follows: 32 279.45 Administrative expenditures. 33 For the budget year beginning July 1, 1989, and each of 34 the following three budget years, the board of directors of a 35 -10- LSB 1722SC (2) 85 kh/sc 10/ 23
S.F. _____ school district in which the The administrative expenditures 1 as a percent of the a school district’s operating general fund 2 for a base year shall not exceed five percent , shall reduce its 3 administrative expenditures so that they are one-half percent 4 less as a percent of the school district’s operating fund than 5 they were for the base year . However, a school district is 6 not required to reduce its administrative expenditures below 7 five percent of its operating fund. Thereafter, a school 8 district shall not increase the percent of its administrative 9 expenditures compared to its operating fund. Annually, 10 the board of directors shall certify to the department of 11 education the amounts of the school district’s administrative 12 expenditures and its operating general fund. For the purposes 13 of this section , “base year” and “budget year” mean means 14 the same as defined in section 442.6 , Code 1989, and section 15 257.2 , and “administrative expenditures” means expenditures for 16 executive administration. 17 Sec. 19. Section 282.10, subsection 4, Code 2013, is amended 18 to read as follows: 19 4. A whole grade sharing agreement shall be signed by the 20 boards of the districts involved in the agreement not later 21 than February 1 of the school year preceding the school year 22 for which the agreement is to take effect. The boards of 23 the districts shall negotiate as part of the new or existing 24 agreement the disposition of teacher quality funding provided 25 under chapter 284 . 26 Sec. 20. Section 282.20, unnumbered paragraph 3, Code 2013, 27 is amended to read as follows: 28 On or before February 15 and June July 15 of each year 29 the secretary of the creditor district shall deliver to the 30 secretary of the debtor district an itemized statement of such 31 tuition fees. 32 Sec. 21. Section 291.1, Code 2013, is amended to read as 33 follows: 34 291.1 President —— duties. 35 -11- LSB 1722SC (2) 85 kh/sc 11/ 23
S.F. _____ The president of the board of directors shall preside at 1 all of its meetings, sign all contracts made by the board, and 2 appear in on behalf of the corporation in all actions brought 3 by or against it, unless individually a party, in which case 4 this duty shall be performed by the secretary. The president 5 or the president’s designee shall sign, using an original or 6 facsimile signature, all school district warrants payments 7 drawn and authorize electronic funds transfers as provided by 8 law. The board of directors, by resolution, may designate an 9 individual, who shall not be the secretary, to sign warrants 10 payments or authorize electronic funds transfers on behalf of 11 the president. 12 Sec. 22. Section 291.6, subsection 3, Code 2013, is amended 13 by striking the subsection and inserting in lieu thereof the 14 following: 15 3. Accounting records. Keep an accurate accounting record 16 of each payment or electronic funds transfer from each fund 17 which shall be provided monthly to the board of directors. The 18 secretary of the creditor district shall prepare and deliver to 19 debtor districts an itemized statement of tuition fees charged 20 in accordance with sections 275.55A and 282.11 , and section 21 282.24, subsection 1 . 22 Sec. 23. Section 291.6, subsection 4, Code 2013, is amended 23 to read as follows: 24 4. Claims. Keep an accurate account accounting of all 25 expenses incurred by the corporation, and present the same to 26 the board for audit and payment. 27 Sec. 24. Section 291.7, Code 2013, is amended to read as 28 follows: 29 291.7 Monthly receipts, disbursements, and balances. 30 The secretary of each district shall file monthly with the 31 board of directors a complete statement of all receipts and 32 disbursements from the various funds each individual fund 33 during the preceding month, and also the balance remaining on 34 hand in the various funds each individual fund at the close of 35 -12- LSB 1722SC (2) 85 kh/sc 12/ 23
S.F. _____ the period covered by the statement, which monthly statements 1 shall be open to public inspection. 2 Sec. 25. Section 291.8, Code 2013, is amended by striking 3 the section and inserting in lieu thereof the following: 4 291.8 Payments and electronic funds transfers. 5 The secretary shall make each authorized payment, 6 countersign using an original or facsimile signature, and 7 maintain accounting records of the payments or electronic funds 8 transfers, showing the number, date, payee, originating fund, 9 the purpose, and the amount, and shall provide to the board at 10 each regular annual meeting a copy of the accounting records 11 maintained by the secretary. 12 Sec. 26. Section 291.12, Code 2013, is amended to read as 13 follows: 14 291.12 Duties of treasurer —— payment of warrants receipts 15 and expenditures . 16 The treasurer shall receive all moneys belonging to the 17 corporation, pay the same out only upon the order of the 18 president countersigned by the secretary, keeping and shall 19 keep an accurate account accounting record of all receipts 20 and expenditures in a book provided for that purpose . The 21 treasurer shall register all orders drawn payments and 22 electronic funds transfers made and reported to the treasurer 23 by the secretary, showing the number, date, to whom drawn, the 24 fund upon from which drawn each payment and transfer was made , 25 the purpose and amount. 26 Sec. 27. Section 291.14, Code 2013, is amended to read as 27 follows: 28 291.14 Financial statement. 29 The treasurer shall render a statement of the finances of the 30 corporation whenever required by the board, and the treasurer’s 31 books accounting records shall always be open for inspection. 32 Sec. 28. Section 298.2, subsections 1 and 5, Code 2013, are 33 amended to read as follows: 34 1. A physical plant and equipment levy of not exceeding 35 -13- LSB 1722SC (2) 85 kh/sc 13/ 23
S.F. _____ one dollar and sixty-seven cents per thousand dollars of 1 assessed valuation in the district is established except as 2 otherwise provided in this subsection . The physical plant 3 and equipment levy consists of the regular physical plant 4 and equipment levy of not exceeding thirty-three cents per 5 thousand dollars of assessed valuation in the district and 6 a voter-approved physical plant and equipment levy of not 7 exceeding one dollar and thirty-four cents per thousand 8 dollars of assessed valuation in the district. However, the 9 voter-approved physical plant and equipment levy may consist 10 of a combination of a physical plant and equipment property 11 tax levy and a physical plant and equipment income surtax 12 as provided in subsection 4 with the maximum amount levied 13 and imposed limited to an amount that could be raised by a 14 one dollar and thirty-four cent property tax levy. The levy 15 limitations of this subsection are subject to subsection 6 . 16 5. a. The proposition to levy the voter-approved physical 17 plant and equipment levy is not affected by a change in 18 the boundaries of the school district, except as otherwise 19 provided in this section . If each school district involved 20 in a school reorganization under chapter 275 has adopted 21 the voter-approved physical plant and equipment levy or the 22 sixty-seven and one-half cents per thousand dollars of assessed 23 value schoolhouse levy under section 278.1, subsection 7, 24 Code 1989 , prior to July 1, 1991 , and if the voters have not 25 voted upon the proposition to levy the voter-approved physical 26 plant and equipment levy in the reorganized district, the 27 existing voter-approved physical plant and equipment levy or 28 the existing schoolhouse levy, as applicable, is in effect for 29 the reorganized district for the least amount and the shortest 30 time for which it is in effect in any of the districts. 31 b. Authorized levies An authorized levy for the period of 32 time approved are is not affected as a result of a failure of a 33 proposition proposed to expand the purposes for which the funds 34 may be expended. 35 -14- LSB 1722SC (2) 85 kh/sc 14/ 23
S.F. _____ Sec. 29. Section 298.2, subsection 6, Code 2013, is amended 1 by striking the subsection. 2 Sec. 30. Section 298.3, subsection 1, Code 2013, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . n. The purchase, lease, or lease-purchase of 5 desks, furniture, or fixtures exceeding five hundred dollars in 6 value per purchase, lease, or lease-purchase transaction. Each 7 transaction may include multiple desk, furniture, or fixture 8 units. 9 Sec. 31. Section 298A.4, Code 2013, is amended to read as 10 follows: 11 298A.4 Physical plant and equipment levy fund. 12 The physical plant and equipment levy fund is a special 13 revenue capital project fund. A physical plant and equipment 14 levy fund must be established in any school corporation which 15 levies the tax authorized, whether regular or voter-approved, 16 under section 298.2 . 17 Sec. 32. Section 298A.9, Code 2013, is amended to read as 18 follows: 19 298A.9 Capital project funds. 20 A capital project fund must be established in any school 21 corporation which issues bonds or other authorized indebtedness 22 for capital projects or which initiates a capital project, or 23 which receives grants or other funds for capital projects. 24 Boards are authorized to establish more than one capital 25 project fund as necessary. Any balance remaining in a capital 26 project fund after the capital project is completed may be 27 retained for future capital projects in accordance with the 28 original purpose of the bond issue or voter-approved levy; or 29 may be transferred, by board resolution, to the debt service 30 fund, to the physical plant and equipment levy fund or another 31 capital project fund , or other to the fund from which the 32 surplus originated; or transferred to the general fund in 33 accordance with section 278.1, subsection 1 , paragraph “e” . 34 Sec. 33. Section 298A.13, Code 2013, is amended to read as 35 -15- LSB 1722SC (2) 85 kh/sc 15/ 23
S.F. _____ follows: 1 298A.13 Trust , permanent, or agency funds. 2 Trust , permanent, or agency funds shall be established by 3 any school corporation to account for gifts it receives to 4 be used for a particular purpose or to account for money and 5 property received and administered by the district as trustee 6 or custodian or in the capacity of an agent. Boards may 7 establish trust and , permanent, or agency funds as necessary. 8 Sec. 34. Section 321.375, subsection 2, Code 2013, is 9 amended to read as follows: 10 2. Prior to hiring an applicant for a school bus driver 11 position, including a contract position, an employer shall have 12 access to and shall review the information in the Iowa court 13 information system available to the general public, the sex 14 offender registry information under section 692A.121 available 15 to the general public, the central registry for child abuse 16 information established under section 235A.14 , and the central 17 registry for dependent adult abuse information established 18 under section 235B.5 for information regarding the applicant. 19 An employer shall follow the same procedure every five years 20 upon the renewal of an employee’s or contract employee’s school 21 bus driver’s license issued by the department of transportation 22 valid for the operation of a school bus. An employer shall 23 pay for the cost of the registry checks conducted pursuant to 24 this subsection . An employer shall maintain documentation 25 demonstrating compliance with this subsection . 26 Sec. 35. Section 423F.3, subsection 1, paragraph d, Code 27 2013, is amended by striking the paragraph. 28 Sec. 36. REPEAL. Sections 256.20, 256.21, 256.22, 256.23, 29 256.38, 297.35, and 298A.5, Code 2013, are repealed. 30 Sec. 37. SCHOOL DISTRICT REPORTING REQUIREMENT TASK FORCE 31 —— STATE BOARD OF EDUCATION. 32 1. a. A reporting requirement review task force is 33 established consisting of five members who shall be appointed 34 by the director of the department of education as follows: 35 -16- LSB 1722SC (2) 85 kh/sc 16/ 23
S.F. _____ (1) One member from nominees submitted by an organization 1 representing the boards of Iowa school districts. 2 (2) One member from nominees submitted by an organization 3 representing Iowa school administrators. 4 (3) One member from nominees submitted by a certified 5 employee organization representing Iowa teachers. 6 (4) One member representing the department of education. 7 (5) One member representing the general public. 8 b. The member representing the department of education 9 shall convene the initial meeting, at which the members shall 10 elect a chairperson. 11 2. The department of education shall compile a list of 12 reports that school districts are required to submit to the 13 department biennially or more frequently. The department shall 14 submit the list to the reporting requirement review task force 15 by September 1, 2013. 16 3. The task force shall review the list submitted by the 17 department pursuant to subsection 2. For each reporting 18 requirement listed, the task force shall produce written 19 justification for continuing, modifying, or eliminating 20 the requirement. The task force shall compile its written 21 justifications in a report the task force shall submit to 22 the state board of education and to the general assembly by 23 December 1, 2013. 24 4. The state board of education shall review the report 25 submitted pursuant to paragraph “c”, and shall determine which 26 of the task force recommendations for modifying or eliminating 27 requirements may be accomplished by administrative rule and 28 which must be accomplished by statute. The state board shall 29 submit its findings and recommendations, including plans 30 for board action relating to administrative rules and board 31 recommendations for specific statutory changes, in a report to 32 the general assembly by February 1, 2014. 33 Sec. 38. APPLICABILITY. The following provision or 34 provisions of this Act apply to school budget years beginning 35 -17- LSB 1722SC (2) 85 kh/sc 17/ 23
S.F. _____ on or after July 1, 2013: 1 1. The section of this Act amending section 298.3, 2 subsection 1. 3 EXPLANATION 4 This bill makes various changes to Code provisions relating 5 to education as follows: 6 STUDENT STATE BOARD OF EDUCATION MEMBER. Code section 7 256.5A is amended to increase the term of the nonvoting student 8 member of the state board of education from one year to two 9 years, and provides that the student must be enrolled in grade 10 10 when applying for the appointment. Currently, a student may 11 be enrolled in grade 10 or 11 at the time the student applies. 12 AMERICAN INDIAN EDUCATION EXPENSES. Code section 256.30 13 provides for the distribution and administration of moneys to 14 pay the expense of educating American Indian children residing 15 in the Sac and Fox Indian settlement. The bill eliminates 16 language that requires the tribal council to submit an annual 17 report and other reports as required to the department of 18 education on the expenditure of the moneys, and eliminates 19 language that requires the department of education to certify 20 compliance before the department of management can approve 21 allotment of the moneys. 22 ACCREDITED NONPUBLIC SCHOOL PUPIL ENROLLMENT. Code section 23 257.6 is amended to specify that dual enrolled pupils in 24 grades 9 through 12 and accredited nonpublic school pupils 25 enrolled part-time in a school district are eligible to be 26 counted proportionally as shared-time or part-time pupils 27 in a school district’s enrollment, but accredited nonpublic 28 pupils receiving classes or services funded by federal grants 29 or allocations are not eligible to be counted in a school 30 district’s enrollment. The bill makes a corresponding change 31 to the definition of “enrollment served” in Code section 32 257.37, subsection 4. 33 VOCATIONAL EDUCATION REPORT. The bill amends Code section 34 258.12 to eliminate a provision that requires the treasurer of 35 -18- LSB 1722SC (2) 85 kh/sc 18/ 23
S.F. _____ state to annually report to the general assembly the receipts 1 and disbursements of the funds paid to the state under the 2 federal Carl D. Perkins Vocational and Technical Education Act 3 of 1998. 4 HIGH SCHOOL EQUIVALENCY DIPLOMAS. The bill amends Code 5 sections 259A.1 and 259A.2 to change subjects covered by high 6 school equivalency diploma tests by eliminating arts and 7 writing and adding literacy, and to require the test scorer, 8 rather than the testing center, to forward test scores to the 9 department. 10 DISTRICT-TO-COMMUNITY COLLEGE INNOVATIVE SHARING 11 PROJECT. The bill separates from language that provides for 12 district-to-community college sharing and concurrent enrollment 13 program requirements a provision assigning additional 14 supplementary weighting for high school pupils who are enrolled 15 in a class that uses an activities-based, project-based, and 16 problem-based learning approach offered through a partnership 17 with a nationally recognized nonprofit provider of rigorous and 18 innovative science, technology, engineering, and mathematics 19 curriculum for schools. The bill moves the language to a new 20 subsection of Code section 257.11 and authorizes a school 21 district to assign its resident pupils attending the class an 22 additional weighting of the percentage of the pupil’s school 23 day during which the pupil attends such classes times seventy 24 hundredths. 25 SCHOOL BUDGET REVIEW COMMITTEE INTERNET SITE INFORMATION. 26 Code section 257.31 is amended to eliminate a requirement that 27 the school budget review committee specify on its internet 28 site annually the reasons for its recommendations, and to add 29 a requirement that the committee publish a summary of its 30 decisions and recommendations issued during the most recent 31 fiscal year. 32 AEA BUDGET DEADLINES. Code sections 273.3 and 273.23 33 are amended to extend by one month the dates by which area 34 education agency proposed budgets must be reviewed, approved, 35 -19- LSB 1722SC (2) 85 kh/sc 19/ 23
S.F. _____ or returned by the state board and resubmitted to the state 1 board if the first submission is not approved. 2 REDISTRICTING FOLLOWING FEDERAL DECENNIAL CENSUS. Code 3 section 275.23A is amended to move the dates back by which a 4 resolution describing new director district boundaries must be 5 adopted by the school board if the school board redraws its 6 director district boundaries following the federal decennial 7 census. Currently, the resolution can be adopted no earlier 8 than November 15 of the year immediately following the year 9 in which the federal decennial census is taken nor later than 10 May 15 of the second year immediately following the year in 11 which the federal decennial census is taken. The bill moves 12 the timelines to no sooner than November 15 of the second year 13 following the federal decennial census and no later than May 15 14 of the third year following the federal decennial census. 15 SCHOOL AND AEA BOARD PAYMENTS AND WARRANTS. Code section 16 279.30 is amended to allow the board of directors of a 17 school district or of an AEA to direct deposit a payment at 18 a financial institution specified by the person entitled to 19 the money. Code sections 291.1, 291.6, 291.7, 291.8, 291.12, 20 and 291.14 are amended to replace references to “books”, 21 “registers”, and “warrants” with references to payments, 22 electronic funds transfers, and accounting records and to make 23 related changes. 24 SCHOOL FUNDS FOR GIFTS. Code sections 279.42 and 298A.13 are 25 amended to give school districts the option of establishing a 26 permanent fund for gifts received and to allow school districts 27 to deposit funds received from gifts, devises, and bequests 28 into a trust fund, permanent fund, or agency fund. 29 SCHOOL DISTRICT ADMINISTRATIVE EXPENDITURES. Code sections 30 273.13 and 279.45 are amended to modify language related 31 to a requirement that a school district limit its annual 32 administrative expenses to not more than 5 percent of its 33 general fund for a base year and to replace references to the 34 term “operating fund” with “general fund”. 35 -20- LSB 1722SC (2) 85 kh/sc 20/ 23
S.F. _____ WHOLE GRADE SHARING AGREEMENTS. Code section 282.10 is 1 amended to provide that the boards of directors of school 2 districts must negotiate the disposition of any funding 3 provided under Code chapter 284, not solely teacher quality 4 funding. 5 TUITION FEES. The bill amends Code section 282.20 to change 6 the date by which the secretary of a creditor district must 7 deliver to the secretary of a debtor district an itemized 8 statement of the tuition fees for nonresident pupils enrolled 9 by the creditor district. 10 REVENUES FROM CERTAIN LEVIES. The bill modifies Code 11 section 298.3(1) to allow the revenue from the regular and 12 voter-approved physical plant and equipment levies to be 13 expended for the purchase, lease, or lease-purchase of desks, 14 furniture, or fixtures exceeding $500 in value per transaction. 15 Each transaction may include multiple units. These provisions 16 apply to school budget years beginning on or after July 1, 17 2013. 18 PHYSICAL PLANT AND EQUIPMENT LEVY. Code section 298A.4 19 is amended to describe the physical plant and equipment levy 20 fund as a “capital project fund”, rather than a “special 21 revenue fund”. Corresponding changes are made to Code sections 22 278.1(1)(e), 298.2(5)(a), and 298A.9, while Code sections 23 298.2(6) and 423F.3(1)(d) are stricken. 24 SCHOOL BUS DRIVERS. The bill amends Code section 321.375 to 25 provide that the employer of a school bus driver must conduct 26 a review of information in the Iowa court information system 27 and the sex offender, child abuse, and dependent adult abuse 28 registries for information about the driver upon renewal of the 29 driver’s school bus driver’s license. Currently, the review 30 is required to be conducted every five years upon renewal of 31 the license. 32 OTHER REPEALS. The bill repeals Code sections relating to 33 authorization sought by school districts from the department 34 of education for the maintenance of year around schools, for 35 -21- LSB 1722SC (2) 85 kh/sc 21/ 23
S.F. _____ a grant program to provide sabbaticals for teachers, for 1 an extended year school grant program, for a pilot project 2 to encourage the advancement of women and minorities to 3 administrative positions in a school district, and for the 4 development of a statewide school-to-work system. The bill 5 also repeals references to the schoolhouse tax levy and fund. 6 SCHOOL DISTRICT REPORTING REQUIREMENT TASK FORCE —— 7 STATE BOARD OF EDUCATION. The bill establishes a reporting 8 requirement review task force and directs the department of 9 education to compile a list of reports that school districts 10 are required to submit to the department biennially or more 11 frequently. The department must submit the list to the task 12 force by September 1, 2013. 13 The task force consists of five members appointed by the 14 director of the department of education. Three of the five 15 members shall be appointed from nominees submitted by an 16 organization representing the boards of Iowa school districts, 17 an organization representing Iowa school administrators, and 18 a certified employee organization representing Iowa teachers. 19 One member shall represent the department of education, and the 20 final member shall represent the general public. 21 The task force shall review the list submitted by the 22 department and, for each reporting requirement listed, the 23 task force shall produce written justification for continuing, 24 modifying, or eliminating the requirement. The task force 25 shall compile its written justifications in a report the task 26 force shall submit to the state board of education and the 27 general assembly by December 1, 2013. 28 The state board shall review the report and shall determine 29 which task force recommendations for modifying or eliminating 30 requirements may be accomplished by administrative rule and 31 which must be accomplished by statute. The state board shall 32 submit its findings and recommendations, including plans 33 for board action relating to administrative rules and board 34 recommendations for specific statutory changes, in a report to 35 -22- LSB 1722SC (2) 85 kh/sc 22/ 23
S.F. _____ the general assembly by February 1, 2014. 1 -23- LSB 1722SC (2) 85 kh/sc 23/ 23