House Study Bill 11 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF EDUCATION BILL) A BILL FOR An Act relating to the duties and authority of the state 1 board of education and the department of education, to the 2 programs and activities under the purview of the state board 3 and the department, and providing for properly related 4 matters affecting school districts. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1125XD (5) 86 kh/sc

S.F. _____ H.F. _____ Section 1. Section 256.7, subsection 15, Code 2015, is 1 amended by striking the subsection. 2 Sec. 2. Section 256.9, subsections 26, 27, 36, 40, 54, and 3 59, Code 2015, are amended by striking the subsections. 4 Sec. 3. Section 257.1, subsection 2, paragraph c, Code 2015, 5 is amended by striking the paragraph. 6 Sec. 4. Section 257.14, Code 2015, is amended by striking 7 the section and inserting in lieu thereof the following: 8 257.14 Budget adjustment. 9 1. For the budget year commencing July 1, 2013, and 10 succeeding budget years, a district shall be eligible for a 11 budget adjustment in an amount equal to the difference between 12 the regular program district cost for the budget year and one 13 hundred one percent of the regular program district cost for 14 the base year. 15 2. The board of directors of a school district that wishes 16 to receive a budget adjustment pursuant to this subsection 17 shall adopt by May 15, annually, a resolution to receive the 18 budget adjustment and shall notify the department of management 19 of the adoption of the resolution and the amount of the budget 20 adjustment to be received. 21 Sec. 5. Section 282.8, Code 2015, is amended to read as 22 follows: 23 282.8 Attending school outside state. 24 1. The boards of directors of school districts located 25 near the state boundaries may designate schools of equivalent 26 standing across the state line for attendance of both 27 elementary and high secondary school pupils when the public 28 school in the adjoining state is nearer than any appropriate 29 public school in a pupil’s district of residence or in Iowa. 30 Distance shall be measured by the nearest traveled public 31 road. Arrangements shall be subject to reciprocal agreements 32 made between the chief state school officers of the respective 33 states. Notwithstanding section 282.1 , arrangements between 34 districts pursuant to the reciprocal agreements made under 35 -1- LSB 1125XD (5) 86 kh/sc 1/ 10

S.F. _____ H.F. _____ this section shall establish tuition and transportation 1 fees in an amount acceptable to the affected boards, but the 2 tuition and transportation fees fee established shall not be 3 less than the lower average cost per pupil of the tuition 4 fee established pursuant to section 282.24 for the school 5 district or the equivalent tuition rate for the non-Iowa school 6 district for the previous school year, and the transportation 7 fee established shall not be less than the lower average 8 transportation cost per mile for yellow school buses as 9 described in section 321.373 for the previous school year 10 of the two affected school districts. For the purpose of 11 this section average cost per pupil for the previous school 12 year is determined by dividing the district’s operating 13 expenditures for the previous school year by the number of 14 children enrolled in the district in the previous school year 15 on the date specified in section 257.6, subsection 1 . If the 16 tuition fee for the school district in the adjoining state is a 17 variable rate, the test of which tuition fee is lower shall be 18 determined for each student. 19 2. A person attending school in another state pursuant 20 to this section shall continue to be treated as a pupil of 21 the district of residence in the apportionment of the current 22 school fund and the payment of state aid for state school 23 foundation aid purposes under section 257.6 . 24 3. Notwithstanding the tuition provisions of subsection 25 1, the tuition fee established for a child requiring special 26 education shall be equal to the actual cost of the special 27 education instructional program provided to that child under 28 the child’s individualized education program. 29 4. If the chief state school officers of the respective 30 states have not entered into a reciprocal agreement under 31 section 282.7, subsection 3, or the agreement has expired 32 or been terminated, or the distance to the public school in 33 the adjoining state is not nearer than an appropriate public 34 school in the pupil’s district of residence or an appropriate 35 -2- LSB 1125XD (5) 86 kh/sc 2/ 10

S.F. _____ H.F. _____ public school in Iowa, the pupil attending school outside the 1 state shall not be considered a resident child for purposes 2 of tuition payments to the receiving district and shall not 3 be treated as a pupil of the district of residence for state 4 school foundation aid purposes under section 257.6. 5 5. The whole grade sharing provisions of sections 282.10 6 through 282.12 and the open enrollment provisions of section 7 282.18 shall not apply to agreements made between districts 8 under this section. 9 Sec. 6. Section 282.10, subsection 4, Code 2015, is amended 10 to read as follows: 11 4. A whole grade sharing agreement shall be signed by the 12 boards of the districts involved in the agreement not later 13 than February 1 of the school year preceding the school year 14 for which the agreement is to take effect. The boards of 15 the districts shall negotiate as part of the new or existing 16 agreement the disposition of funding provided under chapter 284 17 except for the following: 18 a. Funding for the beginning teacher mentoring and induction 19 programs pursuant to section 284.13, subsection 1, paragraph 20 “b” . 21 b. The teacher leadership supplement state cost per pupil as 22 provided in section 257.9, unless all of the districts subject 23 to the agreement are receiving such funding. 24 c. Teacher leadership supplemental aid payments as provided 25 in section 284.13, subsection 1, paragraph “e” , unless all 26 of the districts subject to the agreement are receiving such 27 payments. This paragraph “c” is repealed June 30, 2018. 28 Sec. 7. Section 282.12, subsection 4, Code 2015, is amended 29 to read as follows: 30 4. The number of pupils participating in a whole grade 31 sharing agreement shall be determined on the date specified in 32 section 257.6, subsection 1 , and on the third second Friday of 33 February January of each year. 34 Sec. 8. Section 282.18, subsection 7, Code 2015, is amended 35 -3- LSB 1125XD (5) 86 kh/sc 3/ 10

S.F. _____ H.F. _____ to read as follows: 1 7. A pupil participating in open enrollment shall be 2 counted, for state school foundation aid purposes, in the 3 pupil’s district of residence. A pupil’s residence, for 4 purposes of this section , means a residence under section 5 282.1 . The board of directors of the district of residence 6 shall pay to the receiving district the sum of the state cost 7 per pupil for the previous school year , and plus the teacher 8 leadership supplement state cost per pupil for the previous 9 fiscal year as provided in section 257.9 , or the teacher 10 leadership supplement foundation aid for the previous fiscal 11 year as provided in section 284.13, subsection 1, paragraph “e” , 12 if both the district of residence and the receiving district 13 are receiving such supplements, plus any moneys received for 14 the pupil as a result of the non-English speaking weighting 15 under section 280.4, subsection 3 , for the previous school 16 year multiplied by the state cost per pupil for the previous 17 year. If the pupil participating in open enrollment is also 18 an eligible pupil under section 261E.6 , the receiving district 19 shall pay the tuition reimbursement amount to an eligible 20 postsecondary institution as provided in section 261E.7 . 21 Sec. 9. Section 282.18, subsection 9, paragraph c, Code 22 2015, is amended to read as follows: 23 c. Quarterly payments On or before February 15 and July 15 24 of each year, the receiving district shall bill the resident 25 district. Payments shall be made by the district of residence 26 to the receiving district in a timely manner . 27 Sec. 10. Section 284.12, Code 2015, is amended to read as 28 follows: 29 284.12 Reports —— rules Rules . 30 1. The department shall annually report the statewide 31 progress on the following: 32 a. Student achievement scores in mathematics and reading at 33 the fourth and eighth grade levels on a district-by-district 34 basis as reported to the local communities pursuant to section 35 -4- LSB 1125XD (5) 86 kh/sc 4/ 10

S.F. _____ H.F. _____ 256.7, subsection 21 , paragraph “c” . 1 b. Evaluator training program. 2 c. Changes and improvements in the evaluation of teachers 3 under the Iowa teaching standards. 4 2. The report shall be made available to the chairpersons 5 and ranking members of the senate and house committees on 6 education, the deans of the colleges of education at approved 7 practitioner preparation institutions in this state, the 8 state board, the governor, and school districts by January 1. 9 School districts shall provide information as required by the 10 department for the compilation of the report and for accounting 11 and auditing purposes. 12 3. In developing administrative rules for consideration by 13 the state board, the department shall consult with stakeholders 14 who might reasonably be affected by the proposed rule, 15 including persons representing teachers, administrators, school 16 boards, approved practitioner preparation institutions, and 17 other appropriate education stakeholders. 18 Sec. 11. Section 282.24, subsection 1, paragraph a, Code 19 2015, is amended to read as follows: 20 a. The maximum tuition fee that may be charged for 21 elementary and high secondary school students residing 22 within another school district or corporation except students 23 attending school in another district under section 282.7, 24 subsection 1 or 3 , is the district cost per pupil of the 25 receiving district as computed in section 257.10 . 26 Sec. 12. Section 282.24, subsection 2, Code 2015, is amended 27 by striking the subsection. 28 Sec. 13. REPEAL. Sections 256.19, 279.38A, 279.55, 279.56, 29 and 279.57, Code 2015, are repealed. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill makes statutory changes affecting the duties and 34 authority of the state board of education and the department of 35 -5- LSB 1125XD (5) 86 kh/sc 5/ 10

S.F. _____ H.F. _____ education, repeals certain programs, and modifies or eliminates 1 provisions relating to certain programs and activities under 2 the purview of the state board and the department. 3 CERTAIN DIRECTOR’S DUTIES STRICKEN. The bill strikes from 4 Code section 256.9, which provides for the duties of the 5 director of the department of education, provisions which 6 require the director to cause to be printed in book form, every 7 four years, all school laws in force and any amendments or 8 changes in school laws, along with other information which may 9 aid school officers; to develop a model written publications 10 code for the regulation of time, place, and manner of student 11 expression; and to submit to the general assembly an annual 12 report regarding the activities, findings, and student progress 13 under the core curriculum, as well as an annual report on the 14 necessity of waiving statutory obligations for school districts 15 in the event of a disaster. 16 BUDGET GUARANTEE LANGUAGE. The bill amends Code section 17 257.14 to strike obsolete language relating to the budget 18 guarantee. 19 ATTENDING SCHOOL OUTSIDE THE STATE. The bill makes a number 20 of changes to Code section 282.8. The Code section authorizes 21 the boards of directors of school districts located near the 22 state boundaries to designate schools of equivalent standing 23 across the state line for attendance of pupils, to establish 24 reciprocal agreements between such districts, and to establish 25 tuition and transportation fees in an amount acceptable to the 26 affected boards. 27 Currently, Code section 282.8 provides that tuition and 28 transportation fees shall not be less than the lower average 29 cost per pupil for the previous school year of the two 30 affected school districts. The bill amends the provision to 31 establish that the tuition fee for students not requiring 32 special education shall not be less than the lower of the 33 tuition fee established pursuant to Code section 282.24 for 34 students attending school outside the district of residence or 35 -6- LSB 1125XD (5) 86 kh/sc 6/ 10

S.F. _____ H.F. _____ the equivalent tuition rate for the non-Iowa school district 1 for the previous school year, and the transportation fee 2 established shall not be less than the lower average cost per 3 mile for yellow school buses for the previous school year of 4 the two affected school districts. The bill also provides that 5 if the tuition fee for the school district in the adjoining 6 state is a variable rate, the test of which tuition fee is 7 lower shall be determined for each student. For students 8 requiring special education, the bill provides that the tuition 9 fee shall be equal to the actual cost of the special education 10 instructional program provided to that child under the child’s 11 individualized education program. 12 If there is no agreement between districts, or if the 13 distance requirements are not met, the bill provides that the 14 tuition limitations of Code section 282.1 shall not apply, 15 and a student attending school in the other state shall not 16 be treated as a pupil of the district of residence in Iowa 17 for purposes of tuition payments to the receiving district 18 or for purposes of the school aid formula. The bill further 19 establishes that an agreement reached under Code section 282.8 20 does not qualify as a whole grade sharing agreement and the 21 open enrollment provisions do not apply to such an agreement. 22 WHOLE GRADE SHARING AGREEMENTS. Whole grade sharing 23 is a procedure used by school districts in which all or a 24 substantial portion of the pupils in any grade in two or 25 more school districts share an educational program for all 26 or a substantial portion of a school day under a written 27 agreement. Currently, the boards of the school districts 28 participating in the agreement must negotiate, as part of 29 the new or existing agreement, the disposition of funding 30 provided under Code chapter 284, the student achievement and 31 teacher quality program. The bill provides exemptions from 32 the disposition negotiation requirement relating to beginning 33 teacher mentoring and induction funds; the teacher leadership 34 supplement state cost per pupil, unless all of the districts 35 -7- LSB 1125XD (5) 86 kh/sc 7/ 10

S.F. _____ H.F. _____ subject to the agreement are receiving such funding; and the 1 teacher leadership supplemental aid payments, unless all 2 districts subject to the agreement are receiving such funding. 3 Because the funding for the teacher leadership supplemental aid 4 payments is scheduled to end with the 2016-2017 fiscal year, 5 the bill repeals the relevant provision June 30, 2018. 6 The bill also changes, from the third Friday of February to 7 the second Friday of January of each year, the second of two 8 dates used to determine the number of pupils participating in a 9 whole grade sharing agreement. 10 OPEN ENROLLMENT PAYMENTS. In addition to other statutory 11 requirements for open enrollment payments, the bill provides 12 that the board of directors of the district of residence 13 must pay to the receiving district the teacher leadership 14 supplement state cost per pupil for the previous fiscal year 15 or the teacher leadership supplement foundation aid for the 16 previous fiscal year if both the district of residence and the 17 receiving district are receiving such supplements. Such a 18 limitation currently exists in Code section 284.13, subsection 19 1, paragraph “e”, regarding the teacher leadership supplement 20 foundation aid. Currently, the district of residence must pay 21 to the receiving district the teacher leadership supplement 22 state cost per pupil for the previous fiscal year whether 23 or not both districts are receiving the teacher leadership 24 supplement state cost per pupil. 25 Currently, a district of residence must make quarterly 26 payments to the receiving district. Under the bill, the 27 receiving district must bill the district of residence 28 biannually, and the district of residence must make payments 29 in a timely manner. 30 STATEWIDE PROGRESS REPORTS. Currently, the department of 31 education must make an annual report to the general assembly 32 on statewide progress in student achievement on mathematics 33 and reading at the fourth and eighth grades, on the evaluator 34 training program, and on changes and improvements in teacher 35 -8- LSB 1125XD (5) 86 kh/sc 8/ 10

S.F. _____ H.F. _____ evaluations. The bill eliminates that reporting requirement. 1 STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM. Currently, 2 in developing administrative rules for consideration by the 3 state board of education, the department must consult with 4 persons representing teachers, administrators, school boards, 5 approved practitioner preparation institutions, and other 6 appropriate education stakeholders. The bill provides that the 7 department must consult stakeholders when those stakeholders 8 might reasonably be affected by the proposed rule. 9 TERMINOLOGY CHANGES. Code sections 282.8 and 282.24 are 10 amended to replace references to “elementary and high school” 11 with the term “elementary and secondary school”. Definitions 12 for junior high school and high school are also stricken from 13 Code section 282.24. 14 REPEALS. The bill repeals the following: 15 1. TEACHER EXCHANGE PROGRAM. The teacher exchange program 16 was enacted in 1991, contingent on an appropriation of moneys 17 by the general assembly, to permit school districts to exchange 18 licensed instructional personnel with other districts in order 19 to promote the exchange and enhancement of instructional 20 methods and materials and encourage the educational development 21 of Iowa’s teachers. The bill eliminates the provisions 22 relating to the teacher exchange program, including provisions 23 directing the state board to adopt rules to administer the 24 program, directing the director of the department of education 25 to administer the program, establishing the program, and 26 providing for participation in the program by school districts 27 and teachers. 28 2. PILOT PROJECTS TO IMPROVE INSTRUCTIONAL PROGRAMS. When 29 first enacted in 1987, the provision was part of a program 30 to offer incentives to school districts that established 31 pilot projects to utilize a modified block schedule for 32 offering classes in the districts and sharing the certificated 33 instructional personnel. Implementation by the department 34 of education is dependent on whether the general assembly 35 -9- LSB 1125XD (5) 86 kh/sc 9/ 10

S.F. _____ H.F. _____ appropriates funding for the pilot projects. 1 3. SCHOOL BOARD ORGANIZATIONS. A provision that allows 2 school district board members and school administrators to 3 join, pay dues to, and participate in local, regional, and 4 national organizations which directly relate to the functions 5 of the board of directors. The language included reporting 6 requirements for the boards and for those organizations that 7 administer or distribute federal education grants and open 8 meetings and public records requirements. 9 -10- LSB 1125XD (5) 86 kh/sc 10/ 10