Senate File 230 - Introduced SENATE FILE 230 BY ZAUN and CHELGREN A BILL FOR An Act relating to education by modifying the duties and 1 authority of certain state and local governmental entities, 2 establishing an education savings grant program and fund, 3 making appropriations, providing penalties, and including 4 effective date and applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1801XS (20) 86 md/sc
S.F. 230 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, 2016, 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, 2016, 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, 2015, 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, 2015, shall 33 continue in full force and effect pending transfer of such 34 contracts to the area education agencies. 35 -1- LSB 1801XS (20) 86 md/sc 1/ 48
S.F. 230 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, 2015, 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 2015, 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 2015, is amended 32 by striking the subsection. 33 Sec. 4. Section 256C.3, subsection 2, paragraph a, 34 subparagraph (3), Code 2015, is amended to read as follows: 35 -2- LSB 1801XS (20) 86 md/sc 2/ 48
S.F. 230 (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 2015, 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 2015, 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 2015, 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 1801XS (20) 86 md/sc 3/ 48
S.F. 230 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 2015, is amended 8 by striking the subsection. 9 Sec. 9. Section 256C.4, subsection 1, paragraph d, Code 10 2015, 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 2015, 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 1801XS (20) 86 md/sc 4/ 48
S.F. 230 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 2015, 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 2015, is amended 32 by striking the subsection. 33 Sec. 13. NEW SECTION . 256F.12 Transfer of authority and 34 duties. 35 -5- LSB 1801XS (20) 86 md/sc 5/ 48
S.F. 230 1. Beginning July 1, 2016, 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, 2016, 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, 2015, 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, 2015, 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, 2016, 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 2016, 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 1801XS (20) 86 md/sc 6/ 48
S.F. 230 relating to the provisions of this chapter in effect at the 1 conclusion of the fiscal year beginning July 1, 2015, 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, 2015, shall continue in full 8 force and effect. 9 Sec. 15. NEW SECTION . 256I.14 Transfer of authority and 10 duties. 11 1. Beginning July 1, 2016, 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, 2016, 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, 2015, 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, 2015, 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 1801XS (20) 86 md/sc 7/ 48
S.F. 230 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, 2015, 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 2015, 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, 2016, 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, 2016, 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 1801XS (20) 86 md/sc 8/ 48
S.F. 230 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, 2015, 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, 2015, 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, 2015, 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 1801XS (20) 86 md/sc 9/ 48
S.F. 230 duties. 1 1. Beginning July 1, 2016, 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, 2016, 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, 2016, 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, 2015, 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, 2015, 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 1801XS (20) 86 md/sc 10/ 48
S.F. 230 the fiscal year beginning July 1, 2015, 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 2015, 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 of 20 the following: reading, language arts, literacy, mathematics, 21 science, and social studies. 22 Sec. 20. Section 259A.2, unnumbered paragraph 2, Code 2015, 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 scorer of the test to the department board 30 of directors of the community college . 31 Sec. 21. Section 259A.3, Code 2015, 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 1801XS (20) 86 md/sc 11/ 48
S.F. 230 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 2015, 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 2015, 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, 2016, the authority and duties of the 35 -12- LSB 1801XS (20) 86 md/sc 12/ 48
S.F. 230 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, 2016, 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, 2016, 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, 2015, 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, 2015, 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, 2015, shall continue in full 33 force and effect. 34 Sec. 25. Section 260E.7, subsection 1, Code 2015, is amended 35 -13- LSB 1801XS (20) 86 md/sc 13/ 48
S.F. 230 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 2015, is amended to read as 12 follows: 13 260F.6B High technology apprenticeship program. 14 The community colleges and the authority are authorized 15 to fund high technology apprenticeship programs which comply 16 with the requirements specified in section 260C.44 and which 17 may include both new and statewide apprenticeship programs. 18 Notwithstanding the provisions of section 260F.6, subsection 19 2 , relating to maximum award amounts, moneys allocated to 20 the community colleges with high technology apprenticeship 21 programs shall be distributed to the community colleges based 22 upon contact hours under the programs administered during the 23 prior fiscal year as determined by the department of education 24 authority . The authority shall adopt rules governing this 25 section ’s operation and participant eligibility. 26 Sec. 27. Section 260F.7, Code 2015, is amended to read as 27 follows: 28 260F.7 Authority to coordinate. 29 The authority, in consultation with the department of 30 education and the department of workforce development, shall 31 coordinate the jobs training program. A project shall not be 32 funded under this chapter unless the authority approves the 33 project. The authority shall adopt rules pursuant to chapter 34 17A governing the program’s operation and eligibility for 35 -14- LSB 1801XS (20) 86 md/sc 14/ 48
S.F. 230 participation in the program. The authority shall establish 1 by rule criteria for determining what constitutes an eligible 2 business. 3 Sec. 28. Section 260H.2, subsection 1, Code 2015, is amended 4 to read as follows: 5 1. A pathways for academic career and employment program 6 is established to provide funding to community colleges for 7 the development of projects in coordination with the economic 8 development authority, the department of education, the 9 department of workforce development, regional advisory boards 10 established pursuant to section 84A.4 , and community partners 11 to implement a simplified, streamlined, and comprehensive 12 process, along with customized support services, to enable 13 eligible participants to acquire effective academic and 14 employment training to secure gainful, quality, in-state 15 employment. 16 Sec. 29. Section 260H.2, subsection 2, paragraph a, Code 17 2015, is amended to read as follows: 18 a. A pathways for academic career and employment fund 19 is created for the community colleges in the state treasury 20 to be administered by the department of education economic 21 development authority . The moneys in the pathways for academic 22 career and employment fund are appropriated to the department 23 of education economic development authority for the pathways 24 for academic career and employment program. 25 Sec. 30. Section 260H.8, Code 2015, is amended to read as 26 follows: 27 260H.8 Rules. 28 The department of education authority , in consultation with 29 the community colleges , the economic development authority, 30 and the department of workforce development, shall adopt 31 rules pursuant to chapter 17A and this chapter to implement 32 the provisions of this chapter . Regional advisory boards 33 established pursuant to section 84A.4 shall be consulted in the 34 development and implementation of rules to be adopted pursuant 35 -15- LSB 1801XS (20) 86 md/sc 15/ 48
S.F. 230 to this chapter . 1 Sec. 31. Section 260I.2, subsection 2, paragraph a, Code 2 2015, is amended to read as follows: 3 a. There is established for the community colleges 4 a gap tuition assistance fund in the state treasury to 5 be administered by the department of education economic 6 development authority . The funds in the gap tuition assistance 7 fund are appropriated to the department of education economic 8 development authority for the gap tuition assistance program. 9 Sec. 32. Section 260I.3, subsection 1, Code 2015, is amended 10 to read as follows: 11 1. The department of education, in consultation with the 12 economic development authority , shall adopt rules pursuant to 13 this chapter defining eligibility criteria for persons applying 14 to receive tuition assistance under this chapter . 15 Sec. 33. Section 260I.10, Code 2015, is amended to read as 16 follows: 17 260I.10 Oversight. 18 1. The department of education economic development 19 authority , in coordination with the community colleges, shall 20 establish a steering committee. The steering committee shall 21 determine if the performance measures of the gap tuition 22 assistance program are being met and shall take necessary steps 23 to correct any deficiencies. The steering committee shall meet 24 at least quarterly to evaluate and monitor the performance of 25 the gap tuition assistance program. 26 2. The department of education economic development 27 authority , in coordination with the community colleges, 28 shall develop a common intake tracking system that shall be 29 implemented consistently by each participating community 30 college. 31 3. The department of education economic development 32 authority shall coordinate statewide oversight, evaluation, and 33 reporting efforts for the gap tuition assistance program. 34 Sec. 34. Section 260I.11, Code 2015, is amended to read as 35 -16- LSB 1801XS (20) 86 md/sc 16/ 48
S.F. 230 follows: 1 260I.11 Rules. 2 The department of education economic development authority , 3 in consultation with the economic development authority and the 4 community colleges, shall adopt rules pursuant to chapter 17A 5 and this chapter to implement the provisions of this chapter . 6 Sec. 35. Section 261.1, subsection 2, paragraph b, Code 7 2015, is amended by striking the paragraph. 8 Sec. 36. NEW SECTION . 261.8 Transfer of authority and 9 duties. 10 1. Beginning July 1, 2016, the authority and duties of the 11 department of education, the state board of education, and the 12 director of the department of education under this chapter 13 shall be transferred to the college student aid commission. 14 Accordingly, beginning July 1, 2016, all references to the 15 department of education or the director of the department of 16 education under this chapter and references to the department 17 of education or the director of the department of education 18 under other provisions of law relating to this chapter shall 19 mean the college student aid commission. 20 2. Any moneys remaining in any account or fund under the 21 control of the department of education at the conclusion 22 of the fiscal year beginning July 1, 2015, relative to the 23 provisions of this chapter shall be transferred to the control 24 of the college student aid commission for such purposes. 25 Notwithstanding section 8.33, the moneys transferred in 26 accordance with this subsection shall not revert to the account 27 or fund from which appropriated or transferred. 28 3. Any contract entered into by the department of education 29 relating to the provisions of this chapter in effect at the 30 conclusion of the fiscal year beginning July 1, 2015, shall 31 continue in full force and effect pending transfer of such 32 contracts to the college student aid commission. 33 4. Any rule, regulation, form, order, or directive 34 promulgated by the department of education relative to the 35 -17- LSB 1801XS (20) 86 md/sc 17/ 48
S.F. 230 provisions of this chapter in existence at the conclusion of 1 the fiscal year beginning July 1, 2015, shall continue in full 2 force and effect until amended, repealed, or supplemented by 3 affirmative action of the college student aid commission under 4 the duties and powers established in this chapter and under the 5 procedure established in subsection 5. 6 5. In regard to updating references and format in the Iowa 7 administrative code in order to correspond to the transferring 8 of duties of this chapter, the administrative rules coordinator 9 and the administrative rules review committee, in consultation 10 with the administrative code editor, shall jointly develop a 11 schedule for the necessary updating of the Iowa administrative 12 code. 13 Sec. 37. NEW SECTION . 261E.1A Transfer of authority and 14 duties. 15 1. Beginning July 1, 2016, 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 shall be transferred to the state board of regents. 19 Accordingly, beginning July 1, 2016, all references to the 20 department of education, the state board of education, or the 21 director of the department of education under this chapter 22 and references to the department of education, state board of 23 education, or director of the department of education under 24 other provisions of law relating to this chapter shall mean the 25 state board of regents. 26 2. Any moneys remaining in any account or fund under the 27 control of the department of education at the conclusion of the 28 fiscal year beginning July 1, 2015, relative to the provisions 29 of this chapter shall be transferred to the control of the 30 state board of regents for such purposes. Notwithstanding 31 section 8.33, the moneys transferred in accordance with this 32 subsection shall not revert to the account or fund from which 33 appropriated or transferred. 34 3. Any contract entered into by the department of education 35 -18- LSB 1801XS (20) 86 md/sc 18/ 48
S.F. 230 relating to the provisions of this chapter in effect at the 1 conclusion of the fiscal year beginning July 1, 2015, shall 2 continue in full force and effect pending transfer of such 3 contracts to the state board of regents. 4 4. Any rule, regulation, form, order, or directive 5 promulgated by the department of education relative to the 6 provisions of this chapter in existence at the conclusion of 7 the fiscal year beginning July 1, 2015, shall continue in full 8 force and effect until amended, repealed, or supplemented by 9 affirmative action of the state board of regents under the 10 duties and powers established in this chapter and under the 11 procedure established in subsection 5. 12 5. In regard to updating references and format in the Iowa 13 administrative code in order to correspond to the transferring 14 of duties of this chapter, the administrative rules coordinator 15 and the administrative rules review committee, in consultation 16 with the administrative code editor, shall jointly develop a 17 schedule for the necessary updating of the Iowa administrative 18 code. 19 Sec. 38. Section 262.9, subsection 27, Code 2015, is amended 20 to read as follows: 21 27. Explore , in conjunction with the department 22 of education, the need for coordination between school 23 districts, area education agencies, state board of regents 24 institutions, and community colleges for purposes of delivery 25 of courses, use of telecommunications, transportation, and 26 other similar issues. Coordination may include but is not 27 limited to coordination of calendars, programs, schedules, or 28 telecommunications emissions. The state board shall develop 29 recommendations as necessary, which shall be submitted in a 30 report to the general assembly on a timely basis. 31 Sec. 39. Section 262.9, subsection 33, unnumbered paragraph 32 1, Code 2015, is amended to read as follows: 33 In consultation with the state board of education, establish 34 Establish and enter into a collective statewide articulation 35 -19- LSB 1801XS (20) 86 md/sc 19/ 48
S.F. 230 agreement with the community colleges established pursuant to 1 chapter 260C , which shall provide for the seamless transfer 2 of academic credits from a completed associate of arts or 3 associate of science degree program offered by a community 4 college to a baccalaureate degree program offered by an 5 institution of higher education governed by the board. The 6 board shall also do the following: 7 Sec. 40. Section 262.9, subsection 33, paragraph i, Code 8 2015, is amended to read as follows: 9 i. Prepare, jointly with the department of education and 10 the liaison advisory committee on transfer students, and submit 11 by January 15 annually to the general assembly, an update on 12 the articulation efforts and activities implemented by the 13 community colleges and the institutions of higher education 14 governed by the board. 15 Sec. 41. Section 262.71, subsection 9, Code 2015, is amended 16 by striking the subsection. 17 Sec. 42. Section 266.39C, subsection 2, paragraph a, 18 subparagraph (5), Code 2015, is amended to read as follows: 19 (5) One representative of community colleges, appointed by 20 the state board of education governor . 21 Sec. 43. Section 266.39C, subsection 6, Code 2015, is 22 amended to read as follows: 23 6. The Iowa energy center shall cooperate with the state 24 board of education in developing develop a curriculum which 25 promotes energy efficiency and conservation. 26 Sec. 44. Section 272.1, subsection 4, Code 2015, is amended 27 by striking the subsection. 28 Sec. 45. NEW SECTION . 272.1A Transfer of authority and 29 duties. 30 1. Beginning July 1, 2016, the authority and duties of the 31 department of education, the state board of education, and the 32 director of the department of education under this chapter 33 shall be transferred to the board of educational examiners. 34 Accordingly, beginning July 1, 2016, all references to the 35 -20- LSB 1801XS (20) 86 md/sc 20/ 48
S.F. 230 department of education, the state board of education, or the 1 director of the department of education under this chapter 2 and references to the department of education, state board of 3 education, or director of the department of education under 4 other provisions of law relating to this chapter shall mean the 5 board of educational examiners. 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, 2015, relative to the 9 provisions of this chapter shall be transferred to the control 10 of the board of educational examiners 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, 2015, shall 17 continue in full force and effect pending transfer of such 18 contracts to the board of educational examiners. 19 Sec. 46. Section 272.3, subsection 1, unnumbered paragraph 20 1, Code 2015, is amended to read as follows: 21 The board of educational examiners consists of twelve 22 members. Two must be members of the general public , one 23 must be the director of the department of education or the 24 director’s designee, and the remaining nine ten members must be 25 licensed practitioners. One of the public members shall have 26 served on a school board. The public members shall never have 27 held a practitioner’s license, but shall have a demonstrated 28 interest in education. The nine ten practitioners shall be 29 selected from the following areas and specialties of the 30 teaching profession: 31 Sec. 47. Section 272.3, subsection 2, Code 2015, is amended 32 to read as follows: 33 2. A majority of the licensed practitioner members shall 34 be nonadministrative practitioners. Four of the members shall 35 -21- LSB 1801XS (20) 86 md/sc 21/ 48
S.F. 230 be administrators. Membership of the board shall comply with 1 the requirements of sections 69.16 and 69.16A . A quorum of the 2 board shall consist of six members. Members shall elect a 3 chairperson of the board. Members , except for the director of 4 the department of education or the director’s designee, shall 5 be appointed by the governor subject to confirmation by the 6 senate. 7 Sec. 48. Section 272.4, subsection 1, unnumbered paragraph 8 1, Code 2015, is amended to read as follows: 9 Members , except for the director of the department of 10 education or the director’s designee, shall be appointed to 11 serve staggered terms of four years. A member shall not serve 12 more than two consecutive terms , except for the director of the 13 department of education or the director’s designee, who shall 14 serve until the director’s term of office expires . A member of 15 the board, except for the two public members and the director 16 of the department of education or the director’s designee , 17 shall hold a valid practitioner’s license during the member’s 18 term of office. A vacancy exists when any of the following 19 occur: 20 Sec. 49. Section 272.25, subsections 3, 4, and 8, Code 2015, 21 are amended to read as follows: 22 3. A requirement that the program include instruction 23 in skills and strategies to be used in classroom management 24 of individuals, and of small and large groups, under varying 25 conditions ; , and skills for communicating and working 26 constructively with pupils, teachers, administrators, and 27 parents ; and skills for understanding the role of the board of 28 education and the functions of other education agencies in the 29 state . The requirement shall be based upon recommendations of 30 the department of education after consultation with teacher 31 education faculty members in colleges and universities. 32 4. A requirement that prescribes minimum experiences and 33 responsibilities to be accomplished during the student teaching 34 experience by the student teacher and by the cooperating 35 -22- LSB 1801XS (20) 86 md/sc 22/ 48
S.F. 230 teacher based upon recommendations of the department of 1 education after consultation with teacher education faculty 2 members in colleges and universities . The student teaching 3 experience shall include opportunities for the student 4 teacher to become knowledgeable about the Iowa teaching 5 standards, including a mock evaluation performed by the 6 cooperating teacher. The mock evaluation shall not be used as 7 an assessment tool by the practitioner preparation program. 8 The student teaching experience shall consist of interactive 9 experiences involving the college or university personnel, the 10 student teacher, the cooperating teacher, and administrative 11 personnel from the cooperating teacher’s school district. 12 8. A requirement that an approved practitioner preparation 13 institution submit evidence that the college or department of 14 education is communicating with other colleges or departments 15 in the institution so that practitioner preparation students 16 may integrate teaching methodology with subject matter areas 17 of specialization. 18 Sec. 50. NEW SECTION . 273.1A Transfer of authority and 19 duties. 20 1. Beginning July 1, 2016, the authority and duties of 21 the department of education, the state board of education, 22 and the director of the department of education under this 23 chapter shall, to the extent feasible, be transferred to the 24 area education agency boards of directors in this state. 25 Accordingly, beginning July 1, 2016, all references to the 26 department of education, the state board of education, and the 27 director of the department of education under this chapter and 28 references to the department of education, the state board of 29 education, and the director of the department of education 30 under other provisions of law relating to this chapter shall 31 mean the applicable area education agency board of directors. 32 2. 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 -23- LSB 1801XS (20) 86 md/sc 23/ 48
S.F. 230 the fiscal year beginning July 1, 2015, shall continue in full 1 force and effect. 2 Sec. 51. Section 273.2, subsection 5, unnumbered paragraph 3 1, Code 2015, is amended to read as follows: 4 The area education agency board may provide for the 5 following programs and services to local school districts , and 6 at the request of local school districts to providers of child 7 development services who have received grants under chapter 8 256A from the child development coordinating council, within 9 the limits of funds available: 10 Sec. 52. NEW SECTION . 274.1A Transfer of authority and 11 duties. 12 1. Beginning July 1, 2016, the authority and duties of the 13 department of education and the director of the department of 14 education under this chapter shall, to the extent feasible, be 15 transferred to the area education agency boards of directors 16 in this state. Accordingly, beginning July 1, 2016, all 17 references to the department of education and the director of 18 the department of education under this chapter and references 19 to the department of education and the director of the 20 department of education under other provisions of law relating 21 to this chapter shall mean the applicable area education agency 22 board of directors. 23 2. Any rule, regulation, form, order, or directive 24 promulgated by the department of education or the director 25 of the department of education relative to the provisions of 26 this chapter in existence at the conclusion of the fiscal 27 year beginning July 1, 2015, shall continue in full force and 28 effect. 29 Sec. 53. NEW SECTION . 275.1A Transfer of authority and 30 duties. 31 1. Beginning July 1, 2016, the authority and duties of 32 the department of education, the state board of education, 33 and the director of the department of education under this 34 chapter shall, to the extent feasible, be transferred to the 35 -24- LSB 1801XS (20) 86 md/sc 24/ 48
S.F. 230 area education agency boards of directors in this state. 1 Accordingly, beginning July 1, 2016, all references to the 2 department of education, the state board of education, and the 3 director of the department of education under this chapter and 4 references to the department of education, the state board of 5 education, and the director of the department of education 6 under other provisions of law relating to this chapter shall 7 mean the applicable area education agency board of directors. 8 2. Any rule, regulation, form, order, or directive 9 promulgated by the department of education, the state board 10 of education, or the director of the department of education 11 relative to the provisions of this chapter in existence at the 12 conclusion of the fiscal year beginning July 1, 2015, shall 13 continue in full force and effect. 14 Sec. 54. Section 276.3, subsections 5 and 9, Code 2015, are 15 amended by striking the subsections. 16 Sec. 55. Section 279.51, subsection 1, unnumbered paragraph 17 1, Code 2015, is amended to read as follows: 18 There is appropriated from the general fund of the state 19 to the department of education management for the fiscal year 20 beginning July 1, 2007, and each succeeding fiscal year, the 21 sum of twelve million six hundred six thousand one hundred 22 ninety-six dollars. The moneys shall be allocated as follows: 23 Sec. 56. Section 279.51, subsection 1, paragraphs b and d, 24 Code 2015, are amended by striking the paragraphs. 25 Sec. 57. Section 279.51, subsection 2, Code 2015, is amended 26 by striking the subsection. 27 Sec. 58. NEW SECTION . 279.70 Transfer of authority and 28 duties. 29 1. Beginning July 1, 2016, the authority and duties of 30 the department of education, the state board of education, 31 and the director of the department of education under this 32 chapter, to the extent feasible, shall be transferred to the 33 boards of directors for the respective school districts in the 34 state. Accordingly, beginning July 1, 2016, all references to 35 -25- LSB 1801XS (20) 86 md/sc 25/ 48
S.F. 230 the department of education, the state board of education, and 1 the director of the department of education under this chapter 2 and references to the department of education, the state board 3 of education, and the director of the department of education 4 under other provisions of law relating to this chapter shall 5 mean the applicable board of directors of the school district. 6 2. Any rule, regulation, form, order, or directive 7 promulgated by the department of education, the state board 8 of education, or the director of the department of education 9 relative to the provisions of this chapter in existence at the 10 conclusion of the fiscal year beginning July 1, 2015, shall 11 continue in full force and effect. 12 Sec. 59. NEW SECTION . 280.1A Transfer of authority and 13 duties. 14 1. Beginning July 1, 2016, the authority and duties of 15 the department of education, the state board of education, 16 and the director of the department of education under this 17 chapter, to the extent feasible, shall be transferred to the 18 boards of directors for the respective school districts in the 19 state. Accordingly, beginning July 1, 2016, all references to 20 the department of education, the state board of education, and 21 the director of the department of education under this chapter 22 and references to the department of education, the state board 23 of education, and the director of the department of education 24 under other provisions of law relating to this chapter shall 25 mean the applicable board of directors of the school district. 26 2. Any rule, regulation, form, order, or directive 27 promulgated by the department of education, the state board 28 of education, or the director of the department of education 29 relative to the provisions of this chapter in existence at the 30 conclusion of the fiscal year beginning July 1, 2015, shall 31 continue in full force and effect. 32 Sec. 60. NEW SECTION . 282.1A Transfer of authority and 33 duties. 34 1. Beginning July 1, 2016, the authority and duties of 35 -26- LSB 1801XS (20) 86 md/sc 26/ 48
S.F. 230 the department of education, the state board of education, 1 and the director of the department of education under this 2 chapter, to the extent feasible, shall be transferred to the 3 boards of directors for the respective school districts in the 4 state. Accordingly, beginning July 1, 2016, all references to 5 the department of education, the state board of education, and 6 the director of the department of education under this chapter 7 and references to the department of education, the state board 8 of education, and the director of the department of education 9 under other provisions of law relating to this chapter shall 10 mean the applicable board of directors of the school district. 11 2. Any rule, regulation, form, order, or directive 12 promulgated by the department of education, the state board 13 of education, or the director of the department of education 14 relative to the provisions of this chapter in existence at the 15 conclusion of the fiscal year beginning July 1, 2015, shall 16 continue in full force and effect. 17 Sec. 61. Section 282.18, subsections 5 and 13, Code 2015, 18 are amended to read as follows: 19 5. Open enrollment applications filed after March 1 20 of the preceding school year that do not qualify for good 21 cause as provided in subsection 4 shall be subject to the 22 approval of the board of the resident district and the board 23 of the receiving district. The parent or guardian shall send 24 notification to the district of residence and the receiving 25 district that the parent or guardian seeks to enroll the 26 parent’s or guardian’s child in the receiving district. A 27 decision of either board to deny an application filed under 28 this subsection involving repeated acts of harassment of the 29 student or serious health condition of the student that the 30 resident district cannot adequately address is subject to 31 appeal under section 290.1 . The state board shall exercise 32 broad discretion to achieve just and equitable results that are 33 in the best interest of the affected child or children. 34 13. If a request under this section is for transfer to a 35 -27- LSB 1801XS (20) 86 md/sc 27/ 48
S.F. 230 laboratory school, as described in chapter 265 , the student, 1 who is the subject of the request, shall not be included in 2 the basic enrollment of the student’s district of residence, 3 and the laboratory school shall report the enrollment of the 4 student directly to the department of education management , 5 unless the number of students from the district attending the 6 laboratory school during the current school year, as a result 7 of open enrollment under this section , exceeds the number of 8 students enrolled in the laboratory school from that district 9 during the 1989-1990 school year. If the number of students 10 enrolled in the laboratory school from a district during the 11 current year exceeds the number of students enrolled from that 12 district during the 1989-1990 school year, those students who 13 represent the difference between the current and the 1988-1989 14 school year enrollment figures shall be included in the basic 15 enrollment of the students’ districts of residence and the 16 districts shall retain any moneys received as a result of the 17 inclusion of the student in the district enrollment. The total 18 number of students enrolled at a laboratory school during a 19 school year shall not exceed six hundred seventy students. The 20 regents institution operating the laboratory school and the 21 board of directors of the school district in the community 22 in which the regents institution is located shall develop 23 a student transfer policy designed to protect and promote 24 the quality and integrity of the teacher education program 25 at the laboratory school, the viability of the education 26 program of the local school district in which the regents 27 institution is located, and to indicate the order in which and 28 reasons why requests to transfer to a laboratory school shall 29 be considered. A laboratory school may deny a request for 30 transfer under the policy. A denial of a request to transfer 31 under this subsection is not subject to appeal under section 32 290.1 . 33 Sec. 62. Section 282.18, subsection 15, Code 2015, is 34 amended by striking the subsection. 35 -28- LSB 1801XS (20) 86 md/sc 28/ 48
S.F. 230 Sec. 63. Section 283.1, Code 2015, is amended to read as 1 follows: 2 283.1 Federal funds accepted. 3 The director of the department of education management 4 is the “state educational authority” for the purpose of 5 accepting and administering funds appropriated by Congress for 6 educational purposes and the funds shall be deposited with the 7 treasurer of state and disbursed through the department of 8 administrative services on vouchers audited as provided by law. 9 When state matching funds are required as a condition to the 10 acceptance of federal funds, the director of the department 11 of education management may make expenditures for matching 12 only from funds provided by the legislature for that purpose. 13 However, when federal funds may be matched with expenditures 14 from funds appropriated for the general operation of the 15 department of education management , this may be done with the 16 approval of the legislative council. 17 Sec. 64. NEW SECTION . 283A.1A Transfer of authority and 18 duties. 19 1. Beginning July 1, 2016, the authority and duties of 20 the department of education, the state board of education, 21 and the director of the department of education under this 22 chapter, to the extent feasible, shall be transferred to the 23 boards of directors for the respective school districts in the 24 state. Accordingly, beginning July 1, 2016, all references to 25 the department of education, the state board of education, and 26 the director of the department of education under this chapter 27 and references to the department of education, the state board 28 of education, and the director of the department of education 29 under other provisions of law relating to this chapter shall 30 mean the applicable board of directors of the school district. 31 2. Any rule, regulation, form, order, or directive 32 promulgated by the department of education, the state board 33 of education, or the director of the department of education 34 relative to the provisions of this chapter in existence at the 35 -29- LSB 1801XS (20) 86 md/sc 29/ 48
S.F. 230 conclusion of the fiscal year beginning July 1, 2015, shall 1 continue in full force and effect. 2 Sec. 65. Section 283A.3, Code 2015, is amended to read as 3 follows: 4 283A.3 Expenditure of federal funds. 5 The director of the department of education management shall 6 accept and direct the disbursement of funds appropriated by any 7 Act of Congress and appropriated to the state of Iowa for use 8 in connection with school breakfast or lunch programs. The 9 director shall deposit the funds with the treasurer of the 10 state of Iowa, who shall make disbursements upon the direction 11 of the director. 12 Sec. 66. NEW SECTION . 284.1A Transfer of authority and 13 duties. 14 1. Beginning July 1, 2016, the authority and duties of 15 the department of education, the state board of education, 16 and the director of the department of education under this 17 chapter, to the extent feasible, shall be transferred to the 18 boards of directors for the respective school districts in the 19 state. Accordingly, beginning July 1, 2016, all references to 20 the department of education, the state board of education, and 21 the director of the department of education under this chapter 22 and references to the department of education, the state board 23 of education, and the director of the department of education 24 under other provisions of law relating to this chapter shall 25 mean the applicable board of directors of the school district. 26 2. Any rule, regulation, form, order, or directive 27 promulgated by the department of education, the state board 28 of education, or the director of the department of education 29 relative to the provisions of this chapter in existence at the 30 conclusion of the fiscal year beginning July 1, 2015, shall 31 continue in full force and effect. 32 Sec. 67. NEW SECTION . 284A.1A Transfer of authority and 33 duties. 34 1. Beginning July 1, 2016, the authority and duties of 35 -30- LSB 1801XS (20) 86 md/sc 30/ 48
S.F. 230 the department of education, the state board of education, 1 and the director of the department of education under this 2 chapter, to the extent feasible, shall be transferred to the 3 boards of directors for the respective school districts in the 4 state. Accordingly, beginning July 1, 2016, all references to 5 the department of education, the state board of education, and 6 the director of the department of education under this chapter 7 and references to the department of education, the state board 8 of education, and the director of the department of education 9 under other provisions of law relating to this chapter shall 10 mean the applicable board of directors of the school district. 11 2. Any rule, regulation, form, order, or directive 12 promulgated by the department of education, the state board 13 of education, or the director of the department of education 14 relative to the provisions of this chapter in existence at the 15 conclusion of the fiscal year beginning July 1, 2015, shall 16 continue in full force and effect. 17 Sec. 68. NEW SECTION . 285.7 Transfer of authority and 18 duties. 19 1. Beginning July 1, 2016, the authority and duties of 20 the department of education, the state board of education, 21 and the director of the department of education under this 22 chapter, to the extent feasible, shall be transferred to the 23 boards of directors for the respective school districts in the 24 state. Accordingly, beginning July 1, 2016, all references to 25 the department of education, the state board of education, and 26 the director of the department of education under this chapter 27 and references to the department of education, the state board 28 of education, and the director of the department of education 29 under other provisions of law relating to this chapter shall 30 mean the applicable board of directors of the school district. 31 2. Any rule, regulation, form, order, or directive 32 promulgated by the department of education, the state board 33 of education, or the director of the department of education 34 relative to the provisions of this chapter in existence at the 35 -31- LSB 1801XS (20) 86 md/sc 31/ 48
S.F. 230 conclusion of the fiscal year beginning July 1, 2015, shall 1 continue in full force and effect. 2 Sec. 69. Section 291.11, Code 2015, is amended to read as 3 follows: 4 291.11 Officers reported. 5 The secretary shall report to the director of the department 6 of education management , the county auditor, and county 7 treasurer the name and post office address of the president, 8 treasurer and secretary of the board as soon as practicable 9 after the qualification of each. 10 Sec. 70. NEW SECTION . 292.1A Transfer of authority and 11 duties. 12 1. Beginning July 1, 2016, the authority and duties of the 13 department of education under this chapter shall be transferred 14 to the department of revenue. Accordingly, beginning July 1, 15 2016, all references to the department of education under this 16 chapter and references to the department of education under 17 other provisions of law relating to this chapter shall mean the 18 department of revenue. 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, 2015, relative to the provisions 22 of this chapter shall be transferred to the control of the 23 department of revenue 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, 2015, shall 30 continue in full force and effect pending transfer of such 31 contracts to the department of revenue. 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 -32- LSB 1801XS (20) 86 md/sc 32/ 48
S.F. 230 the fiscal year beginning July 1, 2015, shall continue in full 1 force and effect until amended, repealed, or supplemented by 2 affirmative action of the department of revenue 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. 71. Section 294.5, Code 2015, is amended to read as 13 follows: 14 294.5 Reports. 15 The teacher shall file with the school superintendent and 16 the director of the department of education such reports and in 17 such manner as may be required. 18 Sec. 72. Section 296.3, Code 2015, is amended to read as 19 follows: 20 296.3 Election called. 21 Within ten days of receipt of a petition filed under section 22 296.2 , the president of the board of directors shall call a 23 meeting of the board. The meeting shall be held within thirty 24 days after the petition was received. At the meeting, the 25 board shall call the election, fixing the time of the election, 26 which may be at the time and place of holding the regular 27 school election. However, if the board determines by unanimous 28 vote that the proposition or propositions requested by a 29 petition to be submitted at an election are grossly unrealistic 30 or contrary to the needs of the school district, no election 31 shall be called. If more than one petition has been received 32 by the time the board meets to consider the petition triggering 33 the meeting, the board shall act upon the petitions in the 34 order they were received at the meeting called to consider the 35 -33- LSB 1801XS (20) 86 md/sc 33/ 48
S.F. 230 initial petition. The decision of the board may be appealed to 1 the state board of education as provided in chapter 290 . The 2 president shall notify the county commissioner of elections of 3 the time of the election. 4 Sec. 73. NEW SECTION . 297.37 Transfer of authority and 5 duties. 6 1. Beginning July 1, 2016, the authority and duties of the 7 department of education and the director of the department 8 of education under this chapter shall be transferred to the 9 department of administrative services and the director of the 10 department of administrative services. Accordingly, beginning 11 July 1, 2016, all references to the department of education 12 and the director of the department of education under this 13 chapter and references to the department of education and the 14 director of the department of education under other provisions 15 of law relating to this chapter shall mean the department of 16 administrative services or the director of the department of 17 administrative services. 18 2. Any rule, regulation, form, order, or directive 19 promulgated by the department of education or the director 20 of the department of education relative to the provisions of 21 this chapter in existence at the conclusion of the fiscal 22 year beginning July 1, 2015, shall continue in full force and 23 effect. 24 Sec. 74. Section 298A.8, Code 2015, is amended to read as 25 follows: 26 298A.8 Student activity fund. 27 The student activity fund is a special revenue fund. A 28 student activity fund must be established in any school 29 corporation receiving money from student-related activities 30 such as admissions, activity fees, student dues, student 31 fund-raising events, or other student-related cocurricular or 32 extracurricular activities. Moneys in this fund shall be used 33 to support only the cocurricular program defined in department 34 of education administrative rules . 35 -34- LSB 1801XS (20) 86 md/sc 34/ 48
S.F. 230 Sec. 75. NEW SECTION . 299.25 Transfer of authority and 1 duties. 2 1. Beginning July 1, 2016, the authority and duties of 3 the department of education, the state board of education, 4 and the director of the department of education under this 5 chapter, to the extent feasible, shall be transferred to the 6 boards of directors for the respective school districts in the 7 state. Accordingly, beginning July 1, 2016, all references to 8 the department of education, the state board of education, and 9 the director of the department of education under this chapter 10 and references to the department of education, the state board 11 of education, and the director of the department of education 12 under other provisions of law relating to this chapter shall 13 mean the applicable board of directors of the school district. 14 2. Any rule, regulation, form, order, or directive 15 promulgated by the department of education, the state board 16 of education, or the director of the department of education 17 relative to the provisions of this chapter in existence at the 18 conclusion of the fiscal year beginning July 1, 2015, shall 19 continue in full force and effect. 20 Sec. 76. NEW SECTION . 299A.1A Transfer of authority and 21 duties. 22 1. Beginning July 1, 2016, 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, 2016, 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 -35- LSB 1801XS (20) 86 md/sc 35/ 48
S.F. 230 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, 2015, shall 4 continue in full force and effect. 5 Sec. 77. NEW SECTION . 301.1A Transfer of authority and 6 duties. 7 1. Beginning July 1, 2016, 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, 2016, 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, 2015, shall 24 continue in full force and effect. 25 Sec. 78. REPEAL. Sections 260C.6, 276.4, and 291.10, Code 26 2015, are repealed. 27 Sec. 79. REPEAL. Chapters 256, 256A, 256G, and 290, Code 28 2015, are repealed. 29 Sec. 80. EFFECTIVE DATE. This division of this Act takes 30 effect July 1, 2016. 31 DIVISION II 32 CORRESPONDING AMENDMENT LEGISLATION 33 Sec. 81. CORRESPONDING AMENDMENTS LEGISLATION. Additional 34 legislation is required to fully implement division I of this 35 -36- LSB 1801XS (20) 86 md/sc 36/ 48
S.F. 230 Act. The director of the department of education shall, in 1 compliance with section 2.16, prepare draft legislation for 2 submission to the legislative services agency, as necessary, 3 to implement the transition and elimination of authority and 4 duties under division I of this Act and to implement the 5 transition and elimination of authority and duties under other 6 provisions of law including but not limited to the duties and 7 authority of the department of education, the state board of 8 education, the director of the department of education, and any 9 division, commission, or subunit of such entities or offices 10 under chapters 7A, 7E, 8A, 8B, 8D, 8F, 11, 12, 15, 15H, 16, 19B, 11 22, 48A, 68B, 73, 80E, 84A, 85, 96, 99B, 125, 135, 139A, 141A, 12 142A, 154B, 154F, 161A, 190A, 216A, 218, 225B, 225C, 232, 234, 13 237, 237A, 237B, 239B, 241, 249A, 257, 261B, 307A, 321, 321J, 14 322, 350, 423E, 423F, 455A, 455E, 473, 514I, 714, and 904. 15 DIVISION III 16 EDUCATION FINANCE AND 17 EDUCATION SAVINGS GRANTS 18 Sec. 82. Section 8.6, Code 2015, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 18. Education savings grant 21 applications. Adopt rules relating to applications for an 22 education savings grant pursuant to section 257.11B, including 23 application processing timelines, and required information for 24 submission by a parent or guardian. 25 Sec. 83. NEW SECTION . 257.1A Transfer of authority and 26 duties. 27 1. Beginning July 1, 2016, 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 shall be transferred to the department of management 31 and the director of the department of management. Accordingly, 32 beginning July 1, 2016, all references to the department of 33 education under this chapter and references to the department 34 of education under other provisions of law relating to this 35 -37- LSB 1801XS (20) 86 md/sc 37/ 48
S.F. 230 chapter shall mean the department of management and all 1 references to the state board of education or the director 2 of the department of education under this chapter or other 3 provisions of law relating to this chapter shall mean the 4 director of the department of management. 5 2. Any moneys remaining in any account or fund under the 6 control of the department of education at the conclusion of the 7 fiscal year beginning July 1, 2015, relative to the provisions 8 of this chapter shall be transferred to the control of the 9 department of management for such purposes. Notwithstanding 10 section 8.33, the moneys transferred in accordance with this 11 subsection shall not revert to the account or fund from which 12 appropriated or transferred. 13 3. 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, 2015, shall 16 continue in full force and effect pending transfer of such 17 contracts to the department of management. 18 4. Any rule, regulation, form, order, or directive 19 promulgated by the department of education relative to the 20 provisions of this chapter in existence at the conclusion of 21 the fiscal year beginning July 1, 2015, shall continue in full 22 force and effect until amended, repealed, or supplemented by 23 affirmative action of the department of management under the 24 duties and powers established in this chapter and under the 25 procedure established in subsection 5. 26 5. In regard to updating references and format in the Iowa 27 administrative code in order to correspond to the transferring 28 of duties of this chapter, the administrative rules coordinator 29 and the administrative rules review committee, in consultation 30 with the administrative code editor, shall jointly develop a 31 schedule for the necessary updating of the Iowa administrative 32 code. 33 Sec. 84. NEW SECTION . 257.11B Education savings grant 34 program. 35 -38- LSB 1801XS (20) 86 md/sc 38/ 48
S.F. 230 1. Pupils eligible to enroll in grades kindergarten through 1 twelve or eligible to participate in a preschool program under 2 chapter 256C and attending a nonpublic school, receiving 3 competent private instruction under chapter 299A, or receiving 4 private preschool instruction shall be eligible to receive an 5 education savings grant in the manner provided in this section 6 for school years beginning on or after July 1, 2016. Education 7 savings grants shall be made available to parents and guardians 8 in the manner authorized under subsection 4, paragraph “c” , for 9 the payment of qualified educational expenses as provided in 10 this section. 11 2. a. (1) By January 31 preceding the school year for 12 which the education savings grant is requested, the parent 13 or guardian of the pupil requesting to receive an education 14 savings grant shall submit an application to the department of 15 management, on application forms developed by the department 16 of management, indicating that the parent or guardian intends 17 to enroll the pupil in a nonpublic school, provide competent 18 private instruction for the pupil under chapter 299A, or 19 provide private preschool instruction. 20 (2) In addition to such information deemed appropriate by 21 the department of management, the application shall require 22 certification from the nonpublic school of the pupil’s 23 enrollment for the following school year or a statement 24 indicating the parent or guardian’s intent to provide or 25 arrange for competent private instruction or private preschool 26 instruction for the pupil for the following school year. 27 b. By March 1 preceding the school year for which the 28 education savings grant is requested, the department of 29 management shall notify the parent or guardian of each pupil 30 who is approved to receive an education savings grant and the 31 amount of the grant. 32 c. Education savings grants shall only be approved for one 33 school year and applications must be submitted under paragraph 34 “a” for education savings grants in subsequent school years. 35 -39- LSB 1801XS (20) 86 md/sc 39/ 48
S.F. 230 3. a. The department of management shall assign each pupil 1 an education savings grant in an amount equal to the statewide 2 average regular program state foundation aid per pupil in the 3 same school year. However, for a pupil that is eligible to 4 participate in a preschool program under chapter 256C, the 5 amount of the grant shall be an amount equal to fifty percent 6 of the regular program state cost per pupil for the same school 7 year. 8 b. The department of management shall on July 1 following 9 the determination of the amount of the education savings grant 10 for each approved pupil transfer such amounts to the pupil’s 11 account in the education savings grant fund established under 12 subsection 4. Such amount shall be available to the pupil’s 13 parent or guardian in the manner authorized under subsection 14 4, paragraph “c” , for the payment of qualified educational 15 expenses incurred by such persons for the pupil during that 16 school year. 17 4. An education savings grant fund is created in the state 18 treasury under the control of the department of management 19 consisting of moneys appropriated to the department for the 20 purpose of providing education savings grants under this 21 section. For the fiscal year commencing July 1, 2016, and 22 each succeeding fiscal year, there is appropriated from the 23 general fund of the state to the department of management to be 24 credited to the fund the amount necessary to pay all education 25 savings grants approved for that fiscal year. The director of 26 the department of management has all powers necessary to carry 27 out and effectuate the purposes, objectives, and provisions of 28 this section pertaining to the fund, including the power to do 29 all of the following: 30 a. Make and enter into contracts necessary for the 31 administration of the fund. 32 b. Procure insurance against any loss in connection with the 33 assets of the fund or require a surety bond. 34 c. Contract with a private financial management firm to 35 -40- LSB 1801XS (20) 86 md/sc 40/ 48
S.F. 230 manage the fund, in collaboration with the treasurer of state, 1 including providing for the disbursement of education savings 2 grants in the form of an electronic debit card or checks that 3 are payable directly from the pupil’s account within the fund. 4 d. Conduct audits or other review necessary to properly 5 administer the program. 6 e. Adopt rules pursuant to chapter 17A for the 7 administration of the fund and accounts within the fund. 8 5. a. For each pupil approved for an education savings 9 grant, the department of management shall establish an account 10 for that pupil in the education savings grant fund. The 11 amount of the pupil’s education savings grant determined under 12 subsection 3 shall be deposited into the pupil’s account on 13 July 1 and such amount shall be immediately available for the 14 payment of qualified educational expenses incurred by the 15 parent or guardian for the pupil during that fiscal year using 16 the payment method authorized under subsection 4, paragraph 17 “c” . 18 b. A nonpublic school or other entity that accepts payment 19 from a parent or guardian using funds from a pupil’s account in 20 the education savings grant fund shall not refund, rebate, or 21 share any portion of such payment with the parent, guardian, or 22 pupil. 23 c. Moneys remaining in a pupil’s account upon conclusion 24 of the fiscal year shall remain in the pupil’s account within 25 the education savings grant fund for the payment of qualified 26 educational expenses in future fiscal years or for the payment 27 of higher education costs under subsection 8. 28 6. For purposes of this section, “qualified educational 29 expenses” includes tuition and fees at a nonpublic school 30 or nonpublic preschool, textbooks, fees or payments for 31 tutoring or cognitive skills training, curriculum materials, 32 tuition or fees for nonpublic online education programs, 33 education materials and services for pupils with disabilities, 34 standardized test fees, fees required by the department not to 35 -41- LSB 1801XS (20) 86 md/sc 41/ 48
S.F. 230 exceed for each grant recipient five percent of the total grant 1 amount in any fiscal year, and other expenses incurred by the 2 parent or guardian that are directly related to the education 3 of the pupil at a nonpublic preschool or a nonpublic school, 4 including a nonpublic school accredited by an independent 5 accrediting agency approved by the department of management, or 6 directly related to providing competent private instruction for 7 the pupil under chapter 299A or private preschool instruction. 8 The cost of one computer or other portable computing device 9 shall be allowed as a qualified educational expense for 10 a pupil if such a purchase has not been made using funds 11 from that pupil’s account in either of the two immediately 12 preceding fiscal years. “Qualified educational expenses” do not 13 include transportation costs for the pupil, the cost of food 14 or refreshments consumed by the pupil, the cost of clothing 15 for the pupil, or the cost of disposable materials including 16 but not limited to paper, notebooks, pencils, pens, and art 17 supplies. 18 7. A person who makes a false claim for the purpose of 19 obtaining an education savings grant provided for in this 20 section or who knowingly receives the grant or makes a payment 21 from an account within the education savings grant fund 22 without being legally entitled to it is guilty of a fraudulent 23 practice. The false claim for an education savings grant or a 24 payment from an account shall be disallowed and if amounts from 25 the grant have been disbursed from the applicable account in 26 the education savings grant fund, the department of management 27 shall initiate legal proceedings to recover such amounts. A 28 parent or guardian, or a pupil for purposes of subsection 8, 29 who violates this subsection is prohibited from participating 30 in the education savings grant program in the future. 31 8. For each pupil with a positive balance in the pupil’s 32 account in the education savings grant fund upon graduation 33 from high school or completion of an equivalent level of 34 competent private instruction under chapter 299A, the 35 -42- LSB 1801XS (20) 86 md/sc 42/ 48
S.F. 230 department of management shall maintain such account in the 1 fund until the pupil is twenty-five years of age. Following 2 graduation from high school until the pupil is twenty-five 3 years of age, moneys in the pupil’s account may be used for 4 higher education costs, as defined in section 12D.1, subsection 5 2, incurred by the pupil while attending an institution of 6 higher education under the control of the state board of 7 regents, a community college located in this state, or a 8 private college or university located in this state. Payments 9 from a pupil’s account for higher education costs shall be 10 made in the same manner as payments for qualified educational 11 expenses under subsection 5. Moneys in a pupil’s account when 12 the pupil turns twenty-five years of age shall be transferred 13 by the department of management for deposit in the general fund 14 of the state. 15 9. This section shall not be construed to authorize this 16 state or any political subdivision of this state to exercise 17 authority over any nonpublic school or pupil receiving 18 competent private instruction under chapter 299A or construed 19 to require a nonpublic school to modify its admissions or 20 educational program in order to receive payment from a parent 21 or guardian using funds from a pupil’s account in the education 22 savings grant fund. A nonpublic school or entity providing 23 competent private instruction under chapter 299A, that accepts 24 payment from a parent or guardian using funds from a pupil’s 25 account in the education savings grant fund is not an agent 26 of this state or other political subdivision of this state. 27 Rules adopted by the department of management to implement this 28 section that impose an undue burden on a nonpublic school or 29 entity providing competent private instruction under chapter 30 299A are invalid. 31 Sec. 85. APPLICABILITY. This division of this Act applies 32 to school budget years and fiscal years beginning on or after 33 July 1, 2016. 34 Sec. 86. EFFECTIVE DATE. The section of this division of 35 -43- LSB 1801XS (20) 86 md/sc 43/ 48
S.F. 230 this Act enacting section 257.1A takes effect July 1, 2016. 1 DIVISION IV 2 CORRESPONDING AMENDMENTS LEGISLATION 3 Sec. 87. CORRESPONDING AMENDMENTS LEGISLATION. Additional 4 legislation is required to fully implement the section of 5 division III of this Act enacting section 257.1A. The director 6 of the department of education shall, in compliance with 7 section 2.16, prepare draft legislation for submission to the 8 legislative services agency, as necessary, to implement the 9 transition and elimination of authority and duties of the 10 department of education, the state board of education, and 11 director of the department of education under the section 12 of division III of this Act enacting section 257.1A and to 13 implement the transition and elimination of authority and 14 duties under other provisions of law. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to education and school district funding 19 by modifying the duties and authority of certain state and 20 local governmental entities, establishing an education savings 21 grant program, and modifying the school district funding 22 formula. 23 Division I of the bill repeals Code chapter 256, which 24 establishes the department of education, establishes the office 25 of the director of the department of education, establishes 26 the state board of education, specifies certain educational 27 standards, establishes various education programs, establishes 28 certain councils and entities within the department of 29 education, includes provisions relating to the participation in 30 extracurricular activities, establishes the division of library 31 services, includes the library compact, and establishes the 32 public broadcasting division. 33 Division I of the bill also amends and repeals other chapters 34 of the Code relating to education to transition the duties and 35 -44- LSB 1801XS (20) 86 md/sc 44/ 48
S.F. 230 authority of the department of education, the director of the 1 department of education, and the state board of education to 2 other specified local and state governmental entities beginning 3 July 1, 2016. 4 Division I of the bill takes effect July 1, 2016. 5 Division II of the bill provides that additional legislation 6 is required to fully implement division I 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 under division I of the bill and to implement the 12 transition and elimination of authority and duties under other 13 provisions of law including but not limited to the duties and 14 authority of the department of education, the state board of 15 education, the director of the department of education, and any 16 division, commission, or subunit of such entities or offices 17 under specified Code chapters. 18 Division III of the bill provides that beginning July 19 1, 2016, the authority and duties of the department of 20 education, the state board of education, and the director 21 of the department of education under Code chapter 257 are 22 transferred to the department of management and the director 23 of the department of management. The bill also provides that 24 moneys remaining in any account or fund under the control of 25 the department of education at the conclusion of the fiscal 26 year beginning July 1, 2015, relative to the provisions of Code 27 chapter 257 are transferred to the control of the department 28 of management for such purposes. The bill provides that 29 any contract entered into by the department of education 30 relating to the provisions of Code chapter 257 in effect at 31 the conclusion of the fiscal year beginning July 1, 2015, 32 shall continue in full force and effect pending transfer of 33 such contracts to the department of management. The bill also 34 provides for the continuation of any rule, regulation, form, 35 -45- LSB 1801XS (20) 86 md/sc 45/ 48
S.F. 230 order, or directive promulgated by the department of education 1 until amended, repealed, or supplemented by affirmative action 2 of the department of management. 3 Division III of the bill provides education savings grants 4 for pupils attending a nonpublic school, receiving competent 5 private instruction, or receiving private preschool instruction 6 and establishes an education savings grant fund. 7 Under division III of the bill, pupils eligible to enroll 8 in grades kindergarten through 12 or eligible to participate 9 in a preschool program under Code chapter 256C and attending a 10 nonpublic school, receiving competent private instruction under 11 Code chapter 299A, or receiving private preschool instruction 12 are eligible to receive an education savings grant for school 13 years beginning on or after July 1, 2016. By January 31 14 preceding the school year for which the education savings grant 15 is requested, the parent or guardian of the pupil requesting to 16 receive an education savings grant must submit an application 17 to the department of management. 18 Division III of the bill requires that by March 1 preceding 19 the school year for which the education savings grant is 20 requested, the department of management must notify the parent 21 or guardian of each pupil designated to receive an education 22 savings grant and the amount of the education savings grant. 23 Education savings grants may only be approved for one school 24 year and applications must be submitted for education savings 25 grants in subsequent school years. 26 The amount of each education savings grant is equal to the 27 statewide average regular program state foundation aid per 28 pupil in the same school year or in the case of a preschool 29 eligible pupil an amount equal to 50 percent of the regular 30 program state cost per pupil. 31 Division III of the bill creates an education savings 32 grant fund in the state treasury under the control of the 33 department of management consisting of moneys appropriated to 34 the department for the purpose of providing education savings 35 -46- LSB 1801XS (20) 86 md/sc 46/ 48
S.F. 230 grants. For the fiscal year commencing July 1, 2016, and each 1 succeeding fiscal year, there is appropriated from the general 2 fund of the state to the department of management for deposit 3 in the fund the amount necessary to pay all education savings 4 grants approved for that fiscal year. For each pupil approved 5 for an education savings grant, the department of management 6 must establish an account for that pupil in the education 7 savings grant fund. The amount of the pupil’s education 8 savings grant is deposited into the pupil’s account on July 1 9 and such amount is available for use by parents and guardians 10 for the payment of qualified educational expenses, as defined 11 in the bill, incurred by the parent or guardian for the pupil 12 during that fiscal year. 13 Division III of the bill authorizes the department of 14 management to contract with a private financial management firm 15 to manage the education savings grant fund, in collaboration 16 with the treasurer of state, including providing for the 17 disbursement of education savings grants in the form of an 18 electronic debit card or checks that are payable directly from 19 the pupil’s account within the fund. 20 Division III of the bill provides that moneys remaining in a 21 pupil’s account upon the conclusion of the fiscal year shall 22 remain in the pupil’s account within the education savings 23 grant fund for the payment of qualified educational expenses in 24 future fiscal years or for higher education costs as authorized 25 in the bill. 26 Under the division, for each pupil with a positive balance in 27 the pupil’s account in the education savings grant fund upon 28 graduation from high school or completion of an equivalent 29 level of competent private instruction under Code chapter 30 299A, the department of management is required to maintain the 31 account in the fund until the pupil is 25 years old. Until 32 the pupil is 25 years old, moneys in the pupil’s account may 33 be used by the pupil for higher education costs, as defined 34 in Code section 12D.1. Moneys in a pupil’s account when the 35 -47- LSB 1801XS (20) 86 md/sc 47/ 48
S.F. 230 pupil turns 25 years old are transferred by the department of 1 management for deposit in the general fund of the state. 2 Division III of the bill provides that a person who makes a 3 false claim for the purpose of obtaining an education savings 4 grant or who knowingly receives the grant or makes a payment 5 from an account within the education savings grant fund without 6 being legally entitled to it is guilty of a fraudulent practice 7 and is subject to a criminal penalty. The bill allows the 8 department of management to initiate legal proceedings to 9 recover grants and amounts improperly awarded or paid from 10 accounts under the bill. 11 The section of division III of the bill enacting Code section 12 257.1A takes effect July 1, 2016. Division III of the bill 13 applies to school budget years and fiscal years beginning on 14 or after July 1, 2016. 15 Division IV of the bill provides that additional legislation 16 is required to fully implement division III of the bill and 17 requires the director of the department of education to prepare 18 draft legislation in compliance with Code section 2.16 for 19 submission to the legislative services agency, as necessary, 20 to implement the transition and elimination of authority and 21 duties of the department of education pursuant to new Code 22 section 257.1A and to implement the transition and elimination 23 of authority and duties under other provisions of law. 24 -48- LSB 1801XS (20) 86 md/sc 48/ 48