Senate
File
29
-
Introduced
SENATE
FILE
29
BY
ZAUN
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:
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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,
2018,
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,
2018,
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,
2017,
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,
2017,
shall
33
continue
in
full
force
and
effect
pending
transfer
of
such
34
contracts
to
the
area
education
agencies.
35
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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,
2017,
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
2017,
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
2017,
is
amended
32
by
striking
the
subsection.
33
Sec.
4.
Section
256C.3,
subsection
2,
paragraph
a,
34
subparagraph
(3),
Code
2017,
is
amended
to
read
as
follows:
35
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(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
2017,
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
2017,
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
2017,
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
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29
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
2017,
is
amended
8
by
striking
the
subsection.
9
Sec.
9.
Section
256C.4,
subsection
1,
paragraph
d,
Code
10
2017,
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
2017,
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
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29
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
2017,
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
2017,
is
amended
32
by
striking
the
subsection.
33
Sec.
13.
NEW
SECTION
.
256F.12
Transfer
of
authority
and
34
duties.
35
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S.F.
29
1.
Beginning
July
1,
2018,
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,
2018,
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,
2017,
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,
2017,
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,
2018,
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
2018,
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
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29
relating
to
the
provisions
of
this
chapter
in
effect
at
the
1
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
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,
2017,
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,
2018,
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,
2018,
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,
2017,
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,
2017,
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-
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1270XS
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87
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49
S.F.
29
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,
2017,
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
2017,
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,
2018,
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,
2018,
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-
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1270XS
(3)
87
md/sc
8/
49
S.F.
29
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,
2017,
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,
2017,
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,
2017,
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
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29
duties.
1
1.
Beginning
July
1,
2018,
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,
2018,
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,
2018,
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,
2017,
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,
2017,
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
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(3)
87
md/sc
10/
49
S.F.
29
the
fiscal
year
beginning
July
1,
2017,
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
2017,
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
2017,
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
2017,
is
amended
to
read
as
32
follows:
33
259A.3
Notice
and
fee.
34
Any
applicant
who
has
achieved
the
minimum
passing
standards
35
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49
S.F.
29
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
2017,
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
2017,
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,
2018,
the
authority
and
duties
of
the
35
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1270XS
(3)
87
md/sc
12/
49
S.F.
29
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,
2018,
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,
2018,
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,
2017,
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,
2017,
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,
2017,
shall
continue
in
full
33
force
and
effect.
34
Sec.
25.
Section
260E.7,
subsection
1,
Code
2017,
is
amended
35
-13-
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87
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49
S.F.
29
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.3,
subsection
5,
Code
2017,
is
amended
12
to
read
as
follows:
13
5.
Other
criteria
established
by
the
department
authority
.
14
Sec.
27.
Section
260F.6B,
Code
2017,
is
amended
to
read
as
15
follows:
16
260F.6B
High
technology
apprenticeship
program.
17
The
community
colleges
and
the
authority
are
authorized
18
to
fund
high
technology
apprenticeship
programs
which
comply
19
with
the
requirements
specified
in
section
260C.44
and
which
20
may
include
both
new
and
statewide
apprenticeship
programs.
21
Notwithstanding
the
provisions
of
section
260F.6,
subsection
22
2
,
relating
to
maximum
award
amounts,
moneys
allocated
to
23
the
community
colleges
with
high
technology
apprenticeship
24
programs
shall
be
distributed
to
the
community
colleges
based
25
upon
contact
hours
under
the
programs
administered
during
the
26
prior
fiscal
year
as
determined
by
the
department
of
education
27
authority
.
The
authority
shall
adopt
rules
governing
this
28
section
’s
operation
and
participant
eligibility.
29
Sec.
28.
Section
260F.7,
Code
2017,
is
amended
to
read
as
30
follows:
31
260F.7
Authority
to
coordinate.
32
The
authority,
in
consultation
with
the
department
of
33
education
and
the
department
of
workforce
development,
shall
34
coordinate
the
jobs
training
program.
A
project
shall
not
be
35
-14-
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49
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29
funded
under
this
chapter
unless
the
authority
approves
the
1
project.
The
authority
shall
adopt
rules
pursuant
to
chapter
2
17A
governing
the
program’s
operation
and
eligibility
for
3
participation
in
the
program.
The
authority
shall
establish
4
by
rule
criteria
for
determining
what
constitutes
an
eligible
5
business.
6
Sec.
29.
Section
260H.2,
subsection
1,
Code
2017,
is
amended
7
to
read
as
follows:
8
1.
A
pathways
for
academic
career
and
employment
program
9
is
established
to
provide
funding
to
community
colleges
10
for
the
development
of
projects
in
coordination
with
the
11
economic
development
authority,
the
department
of
education,
12
the
department
of
workforce
development,
local
workforce
13
development
boards
established
pursuant
to
section
84A.4
,
and
14
community
partners
to
implement
a
simplified,
streamlined,
and
15
comprehensive
process,
along
with
customized
support
services,
16
to
enable
eligible
participants
to
acquire
effective
academic
17
and
employment
training
to
secure
gainful,
quality,
in-state
18
employment.
19
Sec.
30.
Section
260H.2,
subsection
2,
paragraph
a,
Code
20
2017,
is
amended
to
read
as
follows:
21
a.
A
pathways
for
academic
career
and
employment
fund
22
is
created
for
the
community
colleges
in
the
state
treasury
23
to
be
administered
by
the
department
of
education
economic
24
development
authority
.
The
moneys
in
the
pathways
for
academic
25
career
and
employment
fund
are
appropriated
to
the
department
26
of
education
economic
development
authority
for
the
pathways
27
for
academic
career
and
employment
program.
28
Sec.
31.
Section
260H.8,
Code
2017,
is
amended
to
read
as
29
follows:
30
260H.8
Rules.
31
The
department
of
education
authority
,
in
consultation
with
32
the
community
colleges
,
the
economic
development
authority,
33
and
the
department
of
workforce
development,
shall
adopt
rules
34
pursuant
to
chapter
17A
and
this
chapter
to
implement
the
35
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1270XS
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49
S.F.
29
provisions
of
this
chapter
.
Local
workforce
development
boards
1
established
pursuant
to
section
84A.4
shall
be
consulted
in
the
2
development
and
implementation
of
rules
to
be
adopted
pursuant
3
to
this
chapter
.
4
Sec.
32.
Section
260I.2,
subsection
2,
paragraph
a,
Code
5
2017,
is
amended
to
read
as
follows:
6
a.
There
is
established
for
the
community
colleges
7
a
gap
tuition
assistance
fund
in
the
state
treasury
to
8
be
administered
by
the
department
of
education
economic
9
development
authority
.
The
funds
in
the
gap
tuition
assistance
10
fund
are
appropriated
to
the
department
of
education
economic
11
development
authority
for
the
gap
tuition
assistance
program.
12
Sec.
33.
Section
260I.3,
subsection
1,
Code
2017,
is
amended
13
to
read
as
follows:
14
1.
The
department
of
education,
in
consultation
with
the
15
economic
development
authority
,
shall
adopt
rules
pursuant
to
16
this
chapter
defining
eligibility
criteria
for
persons
applying
17
to
receive
tuition
assistance
under
this
chapter
.
18
Sec.
34.
Section
260I.10,
Code
2017,
is
amended
to
read
as
19
follows:
20
260I.10
Oversight.
21
1.
The
department
of
education
economic
development
22
authority
,
in
coordination
with
the
community
colleges,
shall
23
establish
a
steering
committee.
The
steering
committee
shall
24
determine
if
the
performance
measures
of
the
gap
tuition
25
assistance
program
are
being
met
and
shall
take
necessary
steps
26
to
correct
any
deficiencies.
The
steering
committee
shall
meet
27
at
least
quarterly
to
evaluate
and
monitor
the
performance
of
28
the
gap
tuition
assistance
program.
29
2.
The
department
of
education
economic
development
30
authority
,
in
coordination
with
the
community
colleges,
31
shall
develop
a
common
intake
tracking
system
that
shall
be
32
implemented
consistently
by
each
participating
community
33
college.
34
3.
The
department
of
education
economic
development
35
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87
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16/
49
S.F.
29
authority
shall
coordinate
statewide
oversight,
evaluation,
and
1
reporting
efforts
for
the
gap
tuition
assistance
program.
2
Sec.
35.
Section
260I.11,
Code
2017,
is
amended
to
read
as
3
follows:
4
260I.11
Rules.
5
The
department
of
education
economic
development
authority
,
6
in
consultation
with
the
economic
development
authority
and
the
7
community
colleges,
shall
adopt
rules
pursuant
to
chapter
17A
8
and
this
chapter
to
implement
the
provisions
of
this
chapter
.
9
Sec.
36.
Section
261.1,
subsection
2,
paragraph
b,
Code
10
2017,
is
amended
by
striking
the
paragraph.
11
Sec.
37.
NEW
SECTION
.
261.8
Transfer
of
authority
and
12
duties.
13
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
the
14
department
of
education,
the
state
board
of
education,
and
the
15
director
of
the
department
of
education
under
this
chapter
16
shall
be
transferred
to
the
college
student
aid
commission.
17
Accordingly,
beginning
July
1,
2018,
all
references
to
the
18
department
of
education
or
the
director
of
the
department
of
19
education
under
this
chapter
and
references
to
the
department
20
of
education
or
the
director
of
the
department
of
education
21
under
other
provisions
of
law
relating
to
this
chapter
shall
22
mean
the
college
student
aid
commission.
23
2.
Any
moneys
remaining
in
any
account
or
fund
under
the
24
control
of
the
department
of
education
at
the
conclusion
25
of
the
fiscal
year
beginning
July
1,
2017,
relative
to
the
26
provisions
of
this
chapter
shall
be
transferred
to
the
control
27
of
the
college
student
aid
commission
for
such
purposes.
28
Notwithstanding
section
8.33,
the
moneys
transferred
in
29
accordance
with
this
subsection
shall
not
revert
to
the
account
30
or
fund
from
which
appropriated
or
transferred.
31
3.
Any
contract
entered
into
by
the
department
of
education
32
relating
to
the
provisions
of
this
chapter
in
effect
at
the
33
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
34
continue
in
full
force
and
effect
pending
transfer
of
such
35
-17-
LSB
1270XS
(3)
87
md/sc
17/
49
S.F.
29
contracts
to
the
college
student
aid
commission.
1
4.
Any
rule,
regulation,
form,
order,
or
directive
2
promulgated
by
the
department
of
education
relative
to
the
3
provisions
of
this
chapter
in
existence
at
the
conclusion
of
4
the
fiscal
year
beginning
July
1,
2017,
shall
continue
in
full
5
force
and
effect
until
amended,
repealed,
or
supplemented
by
6
affirmative
action
of
the
college
student
aid
commission
under
7
the
duties
and
powers
established
in
this
chapter
and
under
the
8
procedure
established
in
subsection
5.
9
5.
In
regard
to
updating
references
and
format
in
the
Iowa
10
administrative
code
in
order
to
correspond
to
the
transferring
11
of
duties
of
this
chapter,
the
administrative
rules
coordinator
12
and
the
administrative
rules
review
committee,
in
consultation
13
with
the
administrative
code
editor,
shall
jointly
develop
a
14
schedule
for
the
necessary
updating
of
the
Iowa
administrative
15
code.
16
Sec.
38.
NEW
SECTION
.
261E.1A
Transfer
of
authority
and
17
duties.
18
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
19
the
department
of
education,
the
state
board
of
education,
20
and
the
director
of
the
department
of
education
under
this
21
chapter
shall
be
transferred
to
the
state
board
of
regents.
22
Accordingly,
beginning
July
1,
2018,
all
references
to
the
23
department
of
education,
the
state
board
of
education,
or
the
24
director
of
the
department
of
education
under
this
chapter
25
and
references
to
the
department
of
education,
state
board
of
26
education,
or
director
of
the
department
of
education
under
27
other
provisions
of
law
relating
to
this
chapter
shall
mean
the
28
state
board
of
regents.
29
2.
Any
moneys
remaining
in
any
account
or
fund
under
the
30
control
of
the
department
of
education
at
the
conclusion
of
the
31
fiscal
year
beginning
July
1,
2017,
relative
to
the
provisions
32
of
this
chapter
shall
be
transferred
to
the
control
of
the
33
state
board
of
regents
for
such
purposes.
Notwithstanding
34
section
8.33,
the
moneys
transferred
in
accordance
with
this
35
-18-
LSB
1270XS
(3)
87
md/sc
18/
49
S.F.
29
subsection
shall
not
revert
to
the
account
or
fund
from
which
1
appropriated
or
transferred.
2
3.
Any
contract
entered
into
by
the
department
of
education
3
relating
to
the
provisions
of
this
chapter
in
effect
at
the
4
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
5
continue
in
full
force
and
effect
pending
transfer
of
such
6
contracts
to
the
state
board
of
regents.
7
4.
Any
rule,
regulation,
form,
order,
or
directive
8
promulgated
by
the
department
of
education
relative
to
the
9
provisions
of
this
chapter
in
existence
at
the
conclusion
of
10
the
fiscal
year
beginning
July
1,
2017,
shall
continue
in
full
11
force
and
effect
until
amended,
repealed,
or
supplemented
by
12
affirmative
action
of
the
state
board
of
regents
under
the
13
duties
and
powers
established
in
this
chapter
and
under
the
14
procedure
established
in
subsection
5.
15
5.
In
regard
to
updating
references
and
format
in
the
Iowa
16
administrative
code
in
order
to
correspond
to
the
transferring
17
of
duties
of
this
chapter,
the
administrative
rules
coordinator
18
and
the
administrative
rules
review
committee,
in
consultation
19
with
the
administrative
code
editor,
shall
jointly
develop
a
20
schedule
for
the
necessary
updating
of
the
Iowa
administrative
21
code.
22
Sec.
39.
Section
262.9,
subsection
27,
Code
2017,
is
amended
23
to
read
as
follows:
24
27.
Explore
,
in
conjunction
with
the
department
25
of
education,
the
need
for
coordination
between
school
26
districts,
area
education
agencies,
state
board
of
regents
27
institutions,
and
community
colleges
for
purposes
of
delivery
28
of
courses,
use
of
telecommunications,
transportation,
and
29
other
similar
issues.
Coordination
may
include
but
is
not
30
limited
to
coordination
of
calendars,
programs,
schedules,
or
31
telecommunications
emissions.
The
state
board
shall
develop
32
recommendations
as
necessary,
which
shall
be
submitted
in
a
33
report
to
the
general
assembly
on
a
timely
basis.
34
Sec.
40.
Section
262.9,
subsection
33,
unnumbered
paragraph
35
-19-
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1270XS
(3)
87
md/sc
19/
49
S.F.
29
1,
Code
2017,
is
amended
to
read
as
follows:
1
In
consultation
with
the
state
board
of
education,
establish
2
Establish
and
enter
into
a
collective
statewide
articulation
3
agreement
with
the
community
colleges
established
pursuant
to
4
chapter
260C
,
which
shall
provide
for
the
seamless
transfer
5
of
academic
credits
from
a
completed
associate
of
arts
or
6
associate
of
science
degree
program
offered
by
a
community
7
college
to
a
baccalaureate
degree
program
offered
by
an
8
institution
of
higher
education
governed
by
the
board.
The
9
board
shall
also
do
the
following:
10
Sec.
41.
Section
262.9,
subsection
33,
paragraph
i,
Code
11
2017,
is
amended
to
read
as
follows:
12
i.
Prepare,
jointly
with
the
department
of
education
and
13
the
liaison
advisory
committee
on
transfer
students,
and
submit
14
by
January
15
annually
to
the
general
assembly,
an
update
on
15
the
articulation
efforts
and
activities
implemented
by
the
16
community
colleges
and
the
institutions
of
higher
education
17
governed
by
the
board.
18
Sec.
42.
Section
262.71,
subsection
9,
Code
2017,
is
amended
19
by
striking
the
subsection.
20
Sec.
43.
Section
266.39C,
subsection
2,
paragraph
a,
21
subparagraph
(5),
Code
2017,
is
amended
to
read
as
follows:
22
(5)
One
representative
of
community
colleges,
appointed
by
23
the
state
board
of
education
governor
.
24
Sec.
44.
Section
266.39C,
subsection
6,
Code
2017,
is
25
amended
to
read
as
follows:
26
6.
The
Iowa
energy
center
shall
cooperate
with
the
state
27
board
of
education
in
developing
develop
a
curriculum
which
28
promotes
energy
efficiency
and
conservation.
29
Sec.
45.
Section
272.1,
subsection
4,
Code
2017,
is
amended
30
by
striking
the
subsection.
31
Sec.
46.
NEW
SECTION
.
272.1A
Transfer
of
authority
and
32
duties.
33
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
the
34
department
of
education,
the
state
board
of
education,
and
the
35
-20-
LSB
1270XS
(3)
87
md/sc
20/
49
S.F.
29
director
of
the
department
of
education
under
this
chapter
1
shall
be
transferred
to
the
board
of
educational
examiners.
2
Accordingly,
beginning
July
1,
2018,
all
references
to
the
3
department
of
education,
the
state
board
of
education,
or
the
4
director
of
the
department
of
education
under
this
chapter
5
and
references
to
the
department
of
education,
state
board
of
6
education,
or
director
of
the
department
of
education
under
7
other
provisions
of
law
relating
to
this
chapter
shall
mean
the
8
board
of
educational
examiners.
9
2.
Any
moneys
remaining
in
any
account
or
fund
under
the
10
control
of
the
department
of
education
at
the
conclusion
11
of
the
fiscal
year
beginning
July
1,
2017,
relative
to
the
12
provisions
of
this
chapter
shall
be
transferred
to
the
control
13
of
the
board
of
educational
examiners
for
such
purposes.
14
Notwithstanding
section
8.33,
the
moneys
transferred
in
15
accordance
with
this
subsection
shall
not
revert
to
the
account
16
or
fund
from
which
appropriated
or
transferred.
17
3.
Any
contract
entered
into
by
the
department
of
education
18
relating
to
the
provisions
of
this
chapter
in
effect
at
the
19
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
20
continue
in
full
force
and
effect
pending
transfer
of
such
21
contracts
to
the
board
of
educational
examiners.
22
Sec.
47.
Section
272.3,
subsection
1,
unnumbered
paragraph
23
1,
Code
2017,
is
amended
to
read
as
follows:
24
The
board
of
educational
examiners
consists
of
twelve
25
members.
Two
must
be
members
of
the
general
public
,
one
26
must
be
the
director
of
the
department
of
education
or
the
27
director’s
designee,
and
the
remaining
nine
ten
members
must
be
28
licensed
practitioners.
One
of
the
public
members
shall
have
29
served
on
a
school
board.
The
public
members
shall
never
have
30
held
a
practitioner’s
license,
but
shall
have
a
demonstrated
31
interest
in
education.
The
nine
ten
practitioners
shall
be
32
selected
from
the
following
areas
and
specialties
of
the
33
teaching
profession:
34
Sec.
48.
Section
272.3,
subsection
2,
Code
2017,
is
amended
35
-21-
LSB
1270XS
(3)
87
md/sc
21/
49
S.F.
29
to
read
as
follows:
1
2.
A
majority
of
the
licensed
practitioner
members
shall
2
be
nonadministrative
practitioners.
Four
of
the
members
shall
3
be
administrators.
Membership
of
the
board
shall
comply
with
4
the
requirements
of
sections
69.16
and
69.16A
.
A
quorum
of
the
5
board
shall
consist
of
six
members.
Members
shall
elect
a
6
chairperson
of
the
board.
Members
,
except
for
the
director
of
7
the
department
of
education
or
the
director’s
designee,
shall
8
be
appointed
by
the
governor
subject
to
confirmation
by
the
9
senate.
10
Sec.
49.
Section
272.4,
subsection
1,
unnumbered
paragraph
11
1,
Code
2017,
is
amended
to
read
as
follows:
12
Members
,
except
for
the
director
of
the
department
of
13
education
or
the
director’s
designee,
shall
be
appointed
to
14
serve
staggered
terms
of
four
years.
A
member
shall
not
serve
15
more
than
two
consecutive
terms
,
except
for
the
director
of
the
16
department
of
education
or
the
director’s
designee,
who
shall
17
serve
until
the
director’s
term
of
office
expires
.
A
member
of
18
the
board,
except
for
the
two
public
members
and
the
director
19
of
the
department
of
education
or
the
director’s
designee
,
20
shall
hold
a
valid
practitioner’s
license
during
the
member’s
21
term
of
office.
A
vacancy
exists
when
any
of
the
following
22
occur:
23
Sec.
50.
Section
272.25,
subsections
3,
4,
and
8,
Code
2017,
24
are
amended
to
read
as
follows:
25
3.
A
requirement
that
the
program
include
instruction
26
in
skills
and
strategies
to
be
used
in
classroom
management
27
of
individuals,
and
of
small
and
large
groups,
under
28
varying
conditions
;
,
skills
for
communicating
and
working
29
constructively
with
pupils,
teachers,
administrators,
and
30
parents
;
,
preparation
in
reading
theory,
knowledge,
strategies,
31
and
approaches,
and
for
integrating
literacy
instruction
32
into
content
areas
in
accordance
with
section
256.16
;
and
33
skills
for
understanding
the
role
of
the
board
of
education
34
and
the
functions
of
other
education
agencies
in
the
state.
35
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29
The
requirement
shall
be
based
upon
recommendations
of
the
1
department
of
education
after
consultation
with
teacher
2
education
faculty
members
in
colleges
and
universities
.
3
4.
A
requirement
that
prescribes
minimum
experiences
and
4
responsibilities
to
be
accomplished
during
the
student
teaching
5
experience
by
the
student
teacher
and
by
the
cooperating
6
teacher
based
upon
recommendations
of
the
department
of
7
education
after
consultation
with
teacher
education
faculty
8
members
in
colleges
and
universities
.
The
student
teaching
9
experience
shall
include
opportunities
for
the
student
10
teacher
to
become
knowledgeable
about
the
Iowa
teaching
11
standards,
including
a
mock
evaluation
performed
by
the
12
cooperating
teacher.
The
mock
evaluation
shall
not
be
used
as
13
an
assessment
tool
by
the
practitioner
preparation
program.
14
The
student
teaching
experience
shall
consist
of
interactive
15
experiences
involving
the
college
or
university
personnel,
the
16
student
teacher,
the
cooperating
teacher,
and
administrative
17
personnel
from
the
cooperating
teacher’s
school
district.
18
8.
A
requirement
that
an
approved
practitioner
preparation
19
institution
submit
evidence
that
the
college
or
department
of
20
education
is
communicating
with
other
colleges
or
departments
21
in
the
institution
so
that
practitioner
preparation
students
22
may
integrate
teaching
methodology
with
subject
matter
areas
23
of
specialization.
24
Sec.
51.
NEW
SECTION
.
273.1A
Transfer
of
authority
and
25
duties.
26
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
27
the
department
of
education,
the
state
board
of
education,
28
and
the
director
of
the
department
of
education
under
this
29
chapter
shall,
to
the
extent
feasible,
be
transferred
to
the
30
area
education
agency
boards
of
directors
in
this
state.
31
Accordingly,
beginning
July
1,
2018,
all
references
to
the
32
department
of
education,
the
state
board
of
education,
and
the
33
director
of
the
department
of
education
under
this
chapter
and
34
references
to
the
department
of
education,
the
state
board
of
35
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49
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29
education,
and
the
director
of
the
department
of
education
1
under
other
provisions
of
law
relating
to
this
chapter
shall
2
mean
the
applicable
area
education
agency
board
of
directors.
3
2.
Any
rule,
regulation,
form,
order,
or
directive
4
promulgated
by
the
department
of
education
relative
to
the
5
provisions
of
this
chapter
in
existence
at
the
conclusion
of
6
the
fiscal
year
beginning
July
1,
2017,
shall
continue
in
full
7
force
and
effect.
8
Sec.
52.
Section
273.2,
subsection
5,
unnumbered
paragraph
9
1,
Code
2017,
is
amended
to
read
as
follows:
10
The
area
education
agency
board
may
provide
for
the
11
following
programs
and
services
to
local
school
districts
,
and
12
at
the
request
of
local
school
districts
to
providers
of
child
13
development
services
who
have
received
grants
under
chapter
14
256A
from
the
child
development
coordinating
council,
within
15
the
limits
of
funds
available:
16
Sec.
53.
NEW
SECTION
.
274.1A
Transfer
of
authority
and
17
duties.
18
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
the
19
department
of
education
and
the
director
of
the
department
of
20
education
under
this
chapter
shall,
to
the
extent
feasible,
be
21
transferred
to
the
area
education
agency
boards
of
directors
22
in
this
state.
Accordingly,
beginning
July
1,
2018,
all
23
references
to
the
department
of
education
and
the
director
of
24
the
department
of
education
under
this
chapter
and
references
25
to
the
department
of
education
and
the
director
of
the
26
department
of
education
under
other
provisions
of
law
relating
27
to
this
chapter
shall
mean
the
applicable
area
education
agency
28
board
of
directors.
29
2.
Any
rule,
regulation,
form,
order,
or
directive
30
promulgated
by
the
department
of
education
or
the
director
31
of
the
department
of
education
relative
to
the
provisions
of
32
this
chapter
in
existence
at
the
conclusion
of
the
fiscal
33
year
beginning
July
1,
2017,
shall
continue
in
full
force
and
34
effect.
35
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29
Sec.
54.
NEW
SECTION
.
275.1A
Transfer
of
authority
and
1
duties.
2
1.
Beginning
July
1,
2018,
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
shall,
to
the
extent
feasible,
be
transferred
to
the
6
area
education
agency
boards
of
directors
in
this
state.
7
Accordingly,
beginning
July
1,
2018,
all
references
to
the
8
department
of
education,
the
state
board
of
education,
and
the
9
director
of
the
department
of
education
under
this
chapter
and
10
references
to
the
department
of
education,
the
state
board
of
11
education,
and
the
director
of
the
department
of
education
12
under
other
provisions
of
law
relating
to
this
chapter
shall
13
mean
the
applicable
area
education
agency
board
of
directors.
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,
2017,
shall
19
continue
in
full
force
and
effect.
20
Sec.
55.
Section
276.3,
subsections
5
and
9,
Code
2017,
are
21
amended
by
striking
the
subsections.
22
Sec.
56.
Section
279.51,
subsection
1,
unnumbered
paragraph
23
1,
Code
2017,
is
amended
to
read
as
follows:
24
There
is
appropriated
from
the
general
fund
of
the
state
25
to
the
department
of
education
management
for
the
fiscal
year
26
beginning
July
1,
2007,
and
each
succeeding
fiscal
year,
the
27
sum
of
twelve
million
six
hundred
six
thousand
one
hundred
28
ninety-six
dollars.
The
moneys
shall
be
allocated
as
follows:
29
Sec.
57.
Section
279.51,
subsection
1,
paragraphs
b
and
d,
30
Code
2017,
are
amended
by
striking
the
paragraphs.
31
Sec.
58.
Section
279.51,
subsection
2,
Code
2017,
is
amended
32
by
striking
the
subsection.
33
Sec.
59.
NEW
SECTION
.
279.70
Transfer
of
authority
and
34
duties.
35
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S.F.
29
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
1
the
department
of
education,
the
state
board
of
education,
2
and
the
director
of
the
department
of
education
under
this
3
chapter,
to
the
extent
feasible,
shall
be
transferred
to
the
4
boards
of
directors
for
the
respective
school
districts
in
the
5
state.
Accordingly,
beginning
July
1,
2018,
all
references
to
6
the
department
of
education,
the
state
board
of
education,
and
7
the
director
of
the
department
of
education
under
this
chapter
8
and
references
to
the
department
of
education,
the
state
board
9
of
education,
and
the
director
of
the
department
of
education
10
under
other
provisions
of
law
relating
to
this
chapter
shall
11
mean
the
applicable
board
of
directors
of
the
school
district.
12
2.
Any
rule,
regulation,
form,
order,
or
directive
13
promulgated
by
the
department
of
education,
the
state
board
14
of
education,
or
the
director
of
the
department
of
education
15
relative
to
the
provisions
of
this
chapter
in
existence
at
the
16
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
17
continue
in
full
force
and
effect.
18
Sec.
60.
NEW
SECTION
.
280.1A
Transfer
of
authority
and
19
duties.
20
1.
Beginning
July
1,
2018,
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,
to
the
extent
feasible,
shall
be
transferred
to
the
24
boards
of
directors
for
the
respective
school
districts
in
the
25
state.
Accordingly,
beginning
July
1,
2018,
all
references
to
26
the
department
of
education,
the
state
board
of
education,
and
27
the
director
of
the
department
of
education
under
this
chapter
28
and
references
to
the
department
of
education,
the
state
board
29
of
education,
and
the
director
of
the
department
of
education
30
under
other
provisions
of
law
relating
to
this
chapter
shall
31
mean
the
applicable
board
of
directors
of
the
school
district.
32
2.
Any
rule,
regulation,
form,
order,
or
directive
33
promulgated
by
the
department
of
education,
the
state
board
34
of
education,
or
the
director
of
the
department
of
education
35
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29
relative
to
the
provisions
of
this
chapter
in
existence
at
the
1
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
2
continue
in
full
force
and
effect.
3
Sec.
61.
NEW
SECTION
.
282.1A
Transfer
of
authority
and
4
duties.
5
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
6
the
department
of
education,
the
state
board
of
education,
7
and
the
director
of
the
department
of
education
under
this
8
chapter,
to
the
extent
feasible,
shall
be
transferred
to
the
9
boards
of
directors
for
the
respective
school
districts
in
the
10
state.
Accordingly,
beginning
July
1,
2018,
all
references
to
11
the
department
of
education,
the
state
board
of
education,
and
12
the
director
of
the
department
of
education
under
this
chapter
13
and
references
to
the
department
of
education,
the
state
board
14
of
education,
and
the
director
of
the
department
of
education
15
under
other
provisions
of
law
relating
to
this
chapter
shall
16
mean
the
applicable
board
of
directors
of
the
school
district.
17
2.
Any
rule,
regulation,
form,
order,
or
directive
18
promulgated
by
the
department
of
education,
the
state
board
19
of
education,
or
the
director
of
the
department
of
education
20
relative
to
the
provisions
of
this
chapter
in
existence
at
the
21
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
22
continue
in
full
force
and
effect.
23
Sec.
62.
Section
282.18,
subsections
5
and
13,
Code
2017,
24
are
amended
to
read
as
follows:
25
5.
Open
enrollment
applications
filed
after
March
1
26
of
the
preceding
school
year
that
do
not
qualify
for
good
27
cause
as
provided
in
subsection
4
shall
be
subject
to
the
28
approval
of
the
board
of
the
resident
district
and
the
board
29
of
the
receiving
district.
The
parent
or
guardian
shall
send
30
notification
to
the
district
of
residence
and
the
receiving
31
district
that
the
parent
or
guardian
seeks
to
enroll
the
32
parent’s
or
guardian’s
child
in
the
receiving
district.
A
33
decision
of
either
board
to
deny
an
application
filed
under
34
this
subsection
involving
repeated
acts
of
harassment
of
the
35
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student
or
serious
health
condition
of
the
student
that
the
1
resident
district
cannot
adequately
address
is
subject
to
2
appeal
under
section
290.1
.
The
state
board
shall
exercise
3
broad
discretion
to
achieve
just
and
equitable
results
that
are
4
in
the
best
interest
of
the
affected
child
or
children.
5
13.
If
a
request
under
this
section
is
for
transfer
to
a
6
laboratory
school,
as
described
in
chapter
265
,
the
student,
7
who
is
the
subject
of
the
request,
shall
not
be
included
in
8
the
basic
enrollment
of
the
student’s
district
of
residence,
9
and
the
laboratory
school
shall
report
the
enrollment
of
the
10
student
directly
to
the
department
of
education
management
,
11
unless
the
number
of
students
from
the
district
attending
the
12
laboratory
school
during
the
current
school
year,
as
a
result
13
of
open
enrollment
under
this
section
,
exceeds
the
number
of
14
students
enrolled
in
the
laboratory
school
from
that
district
15
during
the
1989-1990
school
year.
If
the
number
of
students
16
enrolled
in
the
laboratory
school
from
a
district
during
the
17
current
year
exceeds
the
number
of
students
enrolled
from
that
18
district
during
the
1989-1990
school
year,
those
students
who
19
represent
the
difference
between
the
current
and
the
1988-1989
20
school
year
enrollment
figures
shall
be
included
in
the
basic
21
enrollment
of
the
students’
districts
of
residence
and
the
22
districts
shall
retain
any
moneys
received
as
a
result
of
the
23
inclusion
of
the
student
in
the
district
enrollment.
The
total
24
number
of
students
enrolled
at
a
laboratory
school
during
a
25
school
year
shall
not
exceed
six
hundred
seventy
students.
The
26
regents
institution
operating
the
laboratory
school
and
the
27
board
of
directors
of
the
school
district
in
the
community
28
in
which
the
regents
institution
is
located
shall
develop
29
a
student
transfer
policy
designed
to
protect
and
promote
30
the
quality
and
integrity
of
the
teacher
education
program
31
at
the
laboratory
school,
the
viability
of
the
education
32
program
of
the
local
school
district
in
which
the
regents
33
institution
is
located,
and
to
indicate
the
order
in
which
and
34
reasons
why
requests
to
transfer
to
a
laboratory
school
shall
35
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29
be
considered.
A
laboratory
school
may
deny
a
request
for
1
transfer
under
the
policy.
A
denial
of
a
request
to
transfer
2
under
this
subsection
is
not
subject
to
appeal
under
section
3
290.1
.
4
Sec.
63.
Section
282.18,
subsection
15,
Code
2017,
is
5
amended
by
striking
the
subsection.
6
Sec.
64.
Section
283.1,
Code
2017,
is
amended
to
read
as
7
follows:
8
283.1
Federal
funds
accepted.
9
The
director
of
the
department
of
education
management
10
is
the
“state
educational
authority”
for
the
purpose
of
11
accepting
and
administering
funds
appropriated
by
Congress
for
12
educational
purposes
and
the
funds
shall
be
deposited
with
the
13
treasurer
of
state
and
disbursed
through
the
department
of
14
administrative
services
on
vouchers
audited
as
provided
by
law.
15
When
state
matching
funds
are
required
as
a
condition
to
the
16
acceptance
of
federal
funds,
the
director
of
the
department
17
of
education
management
may
make
expenditures
for
matching
18
only
from
funds
provided
by
the
legislature
for
that
purpose.
19
However,
when
federal
funds
may
be
matched
with
expenditures
20
from
funds
appropriated
for
the
general
operation
of
the
21
department
of
education
management
,
this
may
be
done
with
the
22
approval
of
the
legislative
council.
23
Sec.
65.
NEW
SECTION
.
283A.1A
Transfer
of
authority
and
24
duties.
25
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
26
the
department
of
education,
the
state
board
of
education,
27
and
the
director
of
the
department
of
education
under
this
28
chapter,
to
the
extent
feasible,
shall
be
transferred
to
the
29
boards
of
directors
for
the
respective
school
districts
in
the
30
state.
Accordingly,
beginning
July
1,
2018,
all
references
to
31
the
department
of
education,
the
state
board
of
education,
and
32
the
director
of
the
department
of
education
under
this
chapter
33
and
references
to
the
department
of
education,
the
state
board
34
of
education,
and
the
director
of
the
department
of
education
35
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49
S.F.
29
under
other
provisions
of
law
relating
to
this
chapter
shall
1
mean
the
applicable
board
of
directors
of
the
school
district.
2
2.
Any
rule,
regulation,
form,
order,
or
directive
3
promulgated
by
the
department
of
education,
the
state
board
4
of
education,
or
the
director
of
the
department
of
education
5
relative
to
the
provisions
of
this
chapter
in
existence
at
the
6
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
7
continue
in
full
force
and
effect.
8
Sec.
66.
Section
283A.3,
Code
2017,
is
amended
to
read
as
9
follows:
10
283A.3
Expenditure
of
federal
funds.
11
The
director
of
the
department
of
education
management
shall
12
accept
and
direct
the
disbursement
of
funds
appropriated
by
any
13
Act
of
Congress
and
appropriated
to
the
state
of
Iowa
for
use
14
in
connection
with
school
breakfast
or
lunch
programs.
The
15
director
shall
deposit
the
funds
with
the
treasurer
of
the
16
state
of
Iowa,
who
shall
make
disbursements
upon
the
direction
17
of
the
director.
18
Sec.
67.
NEW
SECTION
.
284.1A
Transfer
of
authority
and
19
duties.
20
1.
Beginning
July
1,
2018,
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,
to
the
extent
feasible,
shall
be
transferred
to
the
24
boards
of
directors
for
the
respective
school
districts
in
the
25
state.
Accordingly,
beginning
July
1,
2018,
all
references
to
26
the
department
of
education,
the
state
board
of
education,
and
27
the
director
of
the
department
of
education
under
this
chapter
28
and
references
to
the
department
of
education,
the
state
board
29
of
education,
and
the
director
of
the
department
of
education
30
under
other
provisions
of
law
relating
to
this
chapter
shall
31
mean
the
applicable
board
of
directors
of
the
school
district.
32
2.
Any
rule,
regulation,
form,
order,
or
directive
33
promulgated
by
the
department
of
education,
the
state
board
34
of
education,
or
the
director
of
the
department
of
education
35
-30-
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1270XS
(3)
87
md/sc
30/
49
S.F.
29
relative
to
the
provisions
of
this
chapter
in
existence
at
the
1
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
2
continue
in
full
force
and
effect.
3
Sec.
68.
NEW
SECTION
.
284A.1A
Transfer
of
authority
and
4
duties.
5
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
6
the
department
of
education,
the
state
board
of
education,
7
and
the
director
of
the
department
of
education
under
this
8
chapter,
to
the
extent
feasible,
shall
be
transferred
to
the
9
boards
of
directors
for
the
respective
school
districts
in
the
10
state.
Accordingly,
beginning
July
1,
2018,
all
references
to
11
the
department
of
education,
the
state
board
of
education,
and
12
the
director
of
the
department
of
education
under
this
chapter
13
and
references
to
the
department
of
education,
the
state
board
14
of
education,
and
the
director
of
the
department
of
education
15
under
other
provisions
of
law
relating
to
this
chapter
shall
16
mean
the
applicable
board
of
directors
of
the
school
district.
17
2.
Any
rule,
regulation,
form,
order,
or
directive
18
promulgated
by
the
department
of
education,
the
state
board
19
of
education,
or
the
director
of
the
department
of
education
20
relative
to
the
provisions
of
this
chapter
in
existence
at
the
21
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
22
continue
in
full
force
and
effect.
23
Sec.
69.
NEW
SECTION
.
285.7
Transfer
of
authority
and
24
duties.
25
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
26
the
department
of
education,
the
state
board
of
education,
27
and
the
director
of
the
department
of
education
under
this
28
chapter,
to
the
extent
feasible,
shall
be
transferred
to
the
29
boards
of
directors
for
the
respective
school
districts
in
the
30
state.
Accordingly,
beginning
July
1,
2018,
all
references
to
31
the
department
of
education,
the
state
board
of
education,
and
32
the
director
of
the
department
of
education
under
this
chapter
33
and
references
to
the
department
of
education,
the
state
board
34
of
education,
and
the
director
of
the
department
of
education
35
-31-
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(3)
87
md/sc
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49
S.F.
29
under
other
provisions
of
law
relating
to
this
chapter
shall
1
mean
the
applicable
board
of
directors
of
the
school
district.
2
2.
Any
rule,
regulation,
form,
order,
or
directive
3
promulgated
by
the
department
of
education,
the
state
board
4
of
education,
or
the
director
of
the
department
of
education
5
relative
to
the
provisions
of
this
chapter
in
existence
at
the
6
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
7
continue
in
full
force
and
effect.
8
Sec.
70.
Section
291.11,
Code
2017,
is
amended
to
read
as
9
follows:
10
291.11
Officers
reported.
11
The
secretary
shall
report
to
the
director
of
the
department
12
of
education
management
,
the
county
auditor,
and
county
13
treasurer
the
name
and
post
office
address
of
the
president,
14
treasurer
and
secretary
of
the
board
as
soon
as
practicable
15
after
the
qualification
of
each.
16
Sec.
71.
NEW
SECTION
.
292.1A
Transfer
of
authority
and
17
duties.
18
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
the
19
department
of
education
under
this
chapter
shall
be
transferred
20
to
the
department
of
revenue.
Accordingly,
beginning
July
1,
21
2018,
all
references
to
the
department
of
education
under
this
22
chapter
and
references
to
the
department
of
education
under
23
other
provisions
of
law
relating
to
this
chapter
shall
mean
the
24
department
of
revenue.
25
2.
Any
moneys
remaining
in
any
account
or
fund
under
the
26
control
of
the
department
of
education
at
the
conclusion
of
the
27
fiscal
year
beginning
July
1,
2017,
relative
to
the
provisions
28
of
this
chapter
shall
be
transferred
to
the
control
of
the
29
department
of
revenue
for
such
purposes.
Notwithstanding
30
section
8.33,
the
moneys
transferred
in
accordance
with
this
31
subsection
shall
not
revert
to
the
account
or
fund
from
which
32
appropriated
or
transferred.
33
3.
Any
contract
entered
into
by
the
department
of
education
34
relating
to
the
provisions
of
this
chapter
in
effect
at
the
35
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87
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32/
49
S.F.
29
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
1
continue
in
full
force
and
effect
pending
transfer
of
such
2
contracts
to
the
department
of
revenue.
3
4.
Any
rule,
regulation,
form,
order,
or
directive
4
promulgated
by
the
department
of
education
relative
to
the
5
provisions
of
this
chapter
in
existence
at
the
conclusion
of
6
the
fiscal
year
beginning
July
1,
2017,
shall
continue
in
full
7
force
and
effect
until
amended,
repealed,
or
supplemented
by
8
affirmative
action
of
the
department
of
revenue
under
the
9
duties
and
powers
established
in
this
chapter
and
under
the
10
procedure
established
in
subsection
5.
11
5.
In
regard
to
updating
references
and
format
in
the
Iowa
12
administrative
code
in
order
to
correspond
to
the
transferring
13
of
duties
of
this
chapter,
the
administrative
rules
coordinator
14
and
the
administrative
rules
review
committee,
in
consultation
15
with
the
administrative
code
editor,
shall
jointly
develop
a
16
schedule
for
the
necessary
updating
of
the
Iowa
administrative
17
code.
18
Sec.
72.
Section
294.5,
Code
2017,
is
amended
to
read
as
19
follows:
20
294.5
Reports.
21
The
teacher
shall
file
with
the
school
superintendent
and
22
the
director
of
the
department
of
education
such
reports
and
in
23
such
manner
as
may
be
required.
24
Sec.
73.
Section
296.3,
Code
2017,
is
amended
to
read
as
25
follows:
26
296.3
Election
called.
27
Within
ten
days
of
receipt
of
a
petition
filed
under
section
28
296.2
,
the
president
of
the
board
of
directors
shall
call
a
29
meeting
of
the
board.
The
meeting
shall
be
held
within
thirty
30
days
after
the
petition
was
received.
At
the
meeting,
the
31
board
shall
call
the
election,
fixing
the
time
of
the
election,
32
which
may
be
at
the
time
and
place
of
holding
the
regular
33
school
election.
However,
if
the
board
determines
by
unanimous
34
vote
that
the
proposition
or
propositions
requested
by
a
35
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49
S.F.
29
petition
to
be
submitted
at
an
election
are
grossly
unrealistic
1
or
contrary
to
the
needs
of
the
school
district,
no
election
2
shall
be
called.
If
more
than
one
petition
has
been
received
3
by
the
time
the
board
meets
to
consider
the
petition
triggering
4
the
meeting,
the
board
shall
act
upon
the
petitions
in
the
5
order
they
were
received
at
the
meeting
called
to
consider
the
6
initial
petition.
The
decision
of
the
board
may
be
appealed
to
7
the
state
board
of
education
as
provided
in
chapter
290
.
The
8
president
shall
notify
the
county
commissioner
of
elections
of
9
the
time
of
the
election.
10
Sec.
74.
NEW
SECTION
.
297.37
Transfer
of
authority
and
11
duties.
12
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
the
13
department
of
education
and
the
director
of
the
department
14
of
education
under
this
chapter
shall
be
transferred
to
the
15
department
of
administrative
services
and
the
director
of
the
16
department
of
administrative
services.
Accordingly,
beginning
17
July
1,
2018,
all
references
to
the
department
of
education
18
and
the
director
of
the
department
of
education
under
this
19
chapter
and
references
to
the
department
of
education
and
the
20
director
of
the
department
of
education
under
other
provisions
21
of
law
relating
to
this
chapter
shall
mean
the
department
of
22
administrative
services
or
the
director
of
the
department
of
23
administrative
services.
24
2.
Any
rule,
regulation,
form,
order,
or
directive
25
promulgated
by
the
department
of
education
or
the
director
26
of
the
department
of
education
relative
to
the
provisions
of
27
this
chapter
in
existence
at
the
conclusion
of
the
fiscal
28
year
beginning
July
1,
2017,
shall
continue
in
full
force
and
29
effect.
30
Sec.
75.
Section
298A.8,
Code
2017,
is
amended
to
read
as
31
follows:
32
298A.8
Student
activity
fund.
33
The
student
activity
fund
is
a
special
revenue
fund.
A
34
student
activity
fund
must
be
established
in
any
school
35
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87
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49
S.F.
29
corporation
receiving
money
from
student-related
activities
1
such
as
admissions,
activity
fees,
student
dues,
student
2
fund-raising
events,
or
other
student-related
cocurricular
or
3
extracurricular
activities.
Moneys
in
this
fund
shall
be
used
4
to
support
only
the
cocurricular
program
defined
in
department
5
of
education
administrative
rules
.
6
Sec.
76.
NEW
SECTION
.
299.25
Transfer
of
authority
and
7
duties.
8
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
9
the
department
of
education,
the
state
board
of
education,
10
and
the
director
of
the
department
of
education
under
this
11
chapter,
to
the
extent
feasible,
shall
be
transferred
to
the
12
boards
of
directors
for
the
respective
school
districts
in
the
13
state.
Accordingly,
beginning
July
1,
2018,
all
references
to
14
the
department
of
education,
the
state
board
of
education,
and
15
the
director
of
the
department
of
education
under
this
chapter
16
and
references
to
the
department
of
education,
the
state
board
17
of
education,
and
the
director
of
the
department
of
education
18
under
other
provisions
of
law
relating
to
this
chapter
shall
19
mean
the
applicable
board
of
directors
of
the
school
district.
20
2.
Any
rule,
regulation,
form,
order,
or
directive
21
promulgated
by
the
department
of
education,
the
state
board
22
of
education,
or
the
director
of
the
department
of
education
23
relative
to
the
provisions
of
this
chapter
in
existence
at
the
24
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
25
continue
in
full
force
and
effect.
26
Sec.
77.
NEW
SECTION
.
299A.1A
Transfer
of
authority
and
27
duties.
28
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
29
the
department
of
education,
the
state
board
of
education,
30
and
the
director
of
the
department
of
education
under
this
31
chapter,
to
the
extent
feasible,
shall
be
transferred
to
the
32
boards
of
directors
for
the
respective
school
districts
in
the
33
state.
Accordingly,
beginning
July
1,
2018,
all
references
to
34
the
department
of
education,
the
state
board
of
education,
and
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the
director
of
the
department
of
education
under
this
chapter
1
and
references
to
the
department
of
education,
the
state
board
2
of
education,
and
the
director
of
the
department
of
education
3
under
other
provisions
of
law
relating
to
this
chapter
shall
4
mean
the
applicable
board
of
directors
of
the
school
district.
5
2.
Any
rule,
regulation,
form,
order,
or
directive
6
promulgated
by
the
department
of
education,
the
state
board
7
of
education,
or
the
director
of
the
department
of
education
8
relative
to
the
provisions
of
this
chapter
in
existence
at
the
9
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
10
continue
in
full
force
and
effect.
11
Sec.
78.
NEW
SECTION
.
301.1A
Transfer
of
authority
and
12
duties.
13
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
14
the
department
of
education,
the
state
board
of
education,
15
and
the
director
of
the
department
of
education
under
this
16
chapter,
to
the
extent
feasible,
shall
be
transferred
to
the
17
boards
of
directors
for
the
respective
school
districts
in
the
18
state.
Accordingly,
beginning
July
1,
2018,
all
references
to
19
the
department
of
education,
the
state
board
of
education,
and
20
the
director
of
the
department
of
education
under
this
chapter
21
and
references
to
the
department
of
education,
the
state
board
22
of
education,
and
the
director
of
the
department
of
education
23
under
other
provisions
of
law
relating
to
this
chapter
shall
24
mean
the
applicable
board
of
directors
of
the
school
district.
25
2.
Any
rule,
regulation,
form,
order,
or
directive
26
promulgated
by
the
department
of
education,
the
state
board
27
of
education,
or
the
director
of
the
department
of
education
28
relative
to
the
provisions
of
this
chapter
in
existence
at
the
29
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
30
continue
in
full
force
and
effect.
31
Sec.
79.
REPEAL.
Sections
260C.6,
276.4,
and
291.10,
Code
32
2017,
are
repealed.
33
Sec.
80.
REPEAL.
Chapters
256,
256A,
256G,
and
290,
Code
34
2017,
are
repealed.
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Sec.
81.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
1
effect
July
1,
2018.
2
DIVISION
II
3
CORRESPONDING
AMENDMENTS
LEGISLATION
4
Sec.
82.
CORRESPONDING
AMENDMENTS
LEGISLATION.
Additional
5
legislation
is
required
to
fully
implement
division
I
of
this
6
Act.
The
director
of
the
department
of
education
shall,
in
7
compliance
with
section
2.16,
prepare
draft
legislation
for
8
submission
to
the
legislative
services
agency,
as
necessary,
9
to
implement
the
transition
and
elimination
of
authority
and
10
duties
under
division
I
of
this
Act
and
to
implement
the
11
transition
and
elimination
of
authority
and
duties
under
other
12
provisions
of
law
including
but
not
limited
to
the
duties
and
13
authority
of
the
department
of
education,
the
state
board
of
14
education,
the
director
of
the
department
of
education,
and
any
15
division,
commission,
or
subunit
of
such
entities
or
offices
16
under
chapters
7A,
7E,
8A,
8B,
8D,
8F,
11,
12,
15,
15H,
16,
19B,
17
22,
48A,
68B,
73,
80E,
84A,
85,
96,
99B,
125,
135,
139A,
141A,
18
142A,
154B,
154F,
161A,
190A,
216A,
218,
225C,
232,
234,
237,
19
237A,
237C,
239B,
241,
249A,
257,
261B,
321,
321J,
322,
350,
20
423E,
423F,
455A,
455E,
473,
514I,
714,
and
904.
21
DIVISION
III
22
EDUCATION
FINANCE
AND
23
EDUCATION
SAVINGS
GRANTS
24
Sec.
83.
Section
8.6,
Code
2017,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
16.
Education
savings
grant
27
applications.
Adopt
rules
relating
to
applications
for
an
28
education
savings
grant
pursuant
to
section
257.11B,
including
29
application
processing
timelines,
and
required
information
for
30
submission
by
a
parent
or
guardian.
31
Sec.
84.
NEW
SECTION
.
257.1A
Transfer
of
authority
and
32
duties.
33
1.
Beginning
July
1,
2018,
the
authority
and
duties
of
34
the
department
of
education,
the
state
board
of
education,
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and
the
director
of
the
department
of
education
under
this
1
chapter
shall
be
transferred
to
the
department
of
management
2
and
the
director
of
the
department
of
management.
Accordingly,
3
beginning
July
1,
2018,
all
references
to
the
department
of
4
education
under
this
chapter
and
references
to
the
department
5
of
education
under
other
provisions
of
law
relating
to
this
6
chapter
shall
mean
the
department
of
management
and
all
7
references
to
the
state
board
of
education
or
the
director
8
of
the
department
of
education
under
this
chapter
or
other
9
provisions
of
law
relating
to
this
chapter
shall
mean
the
10
director
of
the
department
of
management.
11
2.
Any
moneys
remaining
in
any
account
or
fund
under
the
12
control
of
the
department
of
education
at
the
conclusion
of
the
13
fiscal
year
beginning
July
1,
2017,
relative
to
the
provisions
14
of
this
chapter
shall
be
transferred
to
the
control
of
the
15
department
of
management
for
such
purposes.
Notwithstanding
16
section
8.33,
the
moneys
transferred
in
accordance
with
this
17
subsection
shall
not
revert
to
the
account
or
fund
from
which
18
appropriated
or
transferred.
19
3.
Any
contract
entered
into
by
the
department
of
education
20
relating
to
the
provisions
of
this
chapter
in
effect
at
the
21
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
shall
22
continue
in
full
force
and
effect
pending
transfer
of
such
23
contracts
to
the
department
of
management.
24
4.
Any
rule,
regulation,
form,
order,
or
directive
25
promulgated
by
the
department
of
education
relative
to
the
26
provisions
of
this
chapter
in
existence
at
the
conclusion
of
27
the
fiscal
year
beginning
July
1,
2017,
shall
continue
in
full
28
force
and
effect
until
amended,
repealed,
or
supplemented
by
29
affirmative
action
of
the
department
of
management
under
the
30
duties
and
powers
established
in
this
chapter
and
under
the
31
procedure
established
in
subsection
5.
32
5.
In
regard
to
updating
references
and
format
in
the
Iowa
33
administrative
code
in
order
to
correspond
to
the
transferring
34
of
duties
of
this
chapter,
the
administrative
rules
coordinator
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and
the
administrative
rules
review
committee,
in
consultation
1
with
the
administrative
code
editor,
shall
jointly
develop
a
2
schedule
for
the
necessary
updating
of
the
Iowa
administrative
3
code.
4
Sec.
85.
NEW
SECTION
.
257.11B
Education
savings
grant
5
program.
6
1.
Pupils
eligible
to
enroll
in
grades
kindergarten
through
7
twelve
or
eligible
to
participate
in
a
preschool
program
under
8
chapter
256C
and
attending
a
nonpublic
school,
receiving
9
competent
private
instruction
under
chapter
299A,
or
receiving
10
private
preschool
instruction
shall
be
eligible
to
receive
an
11
education
savings
grant
in
the
manner
provided
in
this
section
12
for
school
years
beginning
on
or
after
July
1,
2018.
Education
13
savings
grants
shall
be
made
available
to
parents
and
guardians
14
in
the
manner
authorized
under
subsection
4,
paragraph
“c”
,
for
15
the
payment
of
qualified
educational
expenses
as
provided
in
16
this
section.
17
2.
a.
(1)
By
January
31
preceding
the
school
year
for
18
which
the
education
savings
grant
is
requested,
the
parent
19
or
guardian
of
the
pupil
requesting
to
receive
an
education
20
savings
grant
shall
submit
an
application
to
the
department
of
21
management,
on
application
forms
developed
by
the
department
of
22
management,
indicating
that
the
parent
or
guardian
intends
to
23
enroll
the
pupil
in
a
nonpublic
school,
place
the
pupil
under
24
competent
private
instruction
under
chapter
299A,
or
provide
25
private
preschool
instruction.
26
(2)
In
addition
to
such
information
deemed
appropriate
by
27
the
department
of
management,
the
application
shall
require
28
certification
from
the
nonpublic
school
of
the
pupil’s
29
enrollment
for
the
following
school
year
or
a
statement
30
indicating
the
parent
or
guardian’s
intent
to
place
the
pupil
31
under
competent
private
instruction
or
private
preschool
32
instruction
for
the
following
school
year.
33
b.
By
March
1
preceding
the
school
year
for
which
the
34
education
savings
grant
is
requested,
the
department
of
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management
shall
notify
the
parent
or
guardian
of
each
pupil
1
who
is
approved
to
receive
an
education
savings
grant
and
the
2
amount
of
the
grant.
3
c.
Education
savings
grants
shall
only
be
approved
for
one
4
school
year
and
applications
must
be
submitted
annually
for
5
education
savings
grants
in
subsequent
school
years.
6
3.
a.
The
department
of
management
shall
assign
each
7
pupil
an
education
savings
grant
in
an
amount
equal
to
the
8
difference
between
eighty-seven
and
five-tenths
percent
of
9
the
regular
program
state
cost
per
pupil
and
the
statewide
10
average
foundation
property
tax
per
pupil
for
the
same
school
11
year.
However,
for
a
pupil
that
is
eligible
to
participate
12
in
a
preschool
program
under
chapter
256C,
the
amount
of
the
13
grant
shall
be
an
amount
equal
to
fifty
percent
of
the
regular
14
program
state
cost
per
pupil
for
the
same
school
year.
15
b.
The
department
of
management
shall
on
July
1
following
16
the
determination
of
the
amount
of
the
education
savings
grant
17
for
each
approved
pupil
transfer
such
amounts
to
the
pupil’s
18
account
in
the
education
savings
grant
fund
established
under
19
subsection
4.
Such
amount
shall
be
available
to
the
pupil’s
20
parent
or
guardian
in
the
manner
authorized
under
subsection
21
4,
paragraph
“c”
,
for
the
payment
of
qualified
educational
22
expenses
incurred
by
such
persons
for
the
pupil
during
that
23
school
year.
24
4.
An
education
savings
grant
fund
is
created
in
the
state
25
treasury
under
the
control
of
the
department
of
management
26
consisting
of
moneys
appropriated
to
the
department
of
27
management
for
the
purpose
of
providing
education
savings
28
grants
under
this
section.
For
the
fiscal
year
commencing
July
29
1,
2018,
and
each
succeeding
fiscal
year,
there
is
appropriated
30
from
the
general
fund
of
the
state
to
the
department
of
31
management
to
be
credited
to
the
fund
the
amount
necessary
32
to
pay
all
education
savings
grants
approved
for
that
fiscal
33
year.
The
director
of
the
department
of
management
has
all
34
powers
necessary
to
carry
out
and
effectuate
the
purposes,
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objectives,
and
provisions
of
this
section
pertaining
to
the
1
fund,
including
the
power
to
do
all
of
the
following:
2
a.
Make
and
enter
into
contracts
necessary
for
the
3
administration
of
the
fund.
4
b.
Procure
insurance
against
any
loss
in
connection
with
the
5
assets
of
the
fund
or
require
a
surety
bond.
6
c.
Contract
with
a
private
financial
management
firm
to
7
manage
the
fund,
in
collaboration
with
the
treasurer
of
state,
8
including
providing
for
the
disbursement
of
education
savings
9
grants
in
the
form
of
an
electronic
debit
card
or
checks
that
10
are
payable
directly
from
the
pupil’s
account
within
the
fund.
11
d.
Conduct
audits
or
other
review
necessary
to
properly
12
administer
the
program.
13
e.
Adopt
rules
pursuant
to
chapter
17A
for
the
14
administration
of
the
fund
and
accounts
within
the
fund.
15
5.
a.
For
each
pupil
approved
for
an
education
savings
16
grant,
the
department
of
management
shall
establish
an
account
17
for
that
pupil
in
the
education
savings
grant
fund.
The
18
amount
of
the
pupil’s
education
savings
grant
determined
under
19
subsection
3
shall
be
deposited
into
the
pupil’s
account
on
20
July
1
and
such
amount
shall
be
immediately
available
for
the
21
payment
of
qualified
educational
expenses
incurred
by
the
22
parent
or
guardian
for
the
pupil
during
that
fiscal
year
using
23
the
payment
method
authorized
under
subsection
4,
paragraph
24
“c”
.
25
b.
A
nonpublic
school
or
a
provider
of
competent
private
26
instruction
that
accepts
payment
from
a
parent
or
guardian
27
using
funds
from
a
pupil’s
account
in
the
education
savings
28
grant
fund
shall
not
refund,
rebate,
or
share
any
portion
of
29
such
payment
with
the
parent,
guardian,
or
pupil.
30
c.
Moneys
remaining
in
a
pupil’s
account
upon
conclusion
31
of
the
fiscal
year
shall
remain
in
the
pupil’s
account
in
the
32
education
savings
grant
fund
for
the
payment
of
qualified
33
educational
expenses
in
future
fiscal
years
or
for
the
payment
34
of
higher
education
costs
under
subsection
8.
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6.
For
purposes
of
this
section,
“qualified
educational
1
expenses”
includes
tuition
and
fees
at
a
nonpublic
school
2
or
nonpublic
preschool,
textbooks,
fees
or
payments
for
3
tutoring
or
cognitive
skills
training,
curriculum
materials,
4
tuition
or
fees
for
nonpublic
online
education
programs,
5
education
materials
and
services
for
pupils
with
disabilities,
6
standardized
test
fees,
fees
required
by
the
department
not
to
7
exceed
for
each
grant
recipient
five
percent
of
the
total
grant
8
amount
in
any
fiscal
year,
and
other
expenses
incurred
by
the
9
parent
or
guardian
that
are
directly
related
to
the
education
10
of
the
pupil
at
a
nonpublic
preschool
or
a
nonpublic
school,
11
including
a
nonpublic
school
accredited
by
an
independent
12
accrediting
agency
approved
by
the
department
of
management,
or
13
directly
related
to
providing
competent
private
instruction
for
14
the
pupil
under
chapter
299A
or
private
preschool
instruction.
15
The
cost
of
one
computer
or
other
portable
computing
device
16
shall
be
allowed
as
a
qualified
educational
expense
for
17
a
pupil
if
such
a
purchase
has
not
been
made
using
funds
18
from
that
pupil’s
account
in
either
of
the
two
immediately
19
preceding
fiscal
years.
“Qualified
educational
expenses”
do
not
20
include
transportation
costs
for
the
pupil,
the
cost
of
food
21
or
refreshments
consumed
by
the
pupil,
the
cost
of
clothing
22
for
the
pupil,
or
the
cost
of
disposable
materials
including
23
but
not
limited
to
paper,
notebooks,
pencils,
pens,
and
art
24
supplies.
25
7.
A
person
who
makes
a
false
claim
for
the
purpose
26
of
obtaining
an
education
savings
grant
provided
for
in
27
this
section
or
who
knowingly
receives
the
grant
or
makes
a
28
payment
from
an
account
within
the
education
savings
grant
29
fund
without
being
legally
entitled
to
do
so
is
guilty
of
a
30
fraudulent
practice
under
chapter
714.
The
false
claim
for
an
31
education
savings
grant
or
a
payment
from
an
account
shall
be
32
disallowed.
If
amounts
from
the
grant
have
been
disbursed
from
33
the
applicable
account
in
the
education
savings
grant
fund,
the
34
department
of
management
shall
initiate
legal
proceedings
to
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recover
such
amounts.
A
parent
or
guardian,
or
a
pupil
for
1
purposes
of
subsection
8,
who
commits
a
fraudulent
practice
2
under
this
subsection
is
prohibited
from
participating
in
the
3
education
savings
grant
program
in
the
future.
4
8.
For
each
pupil
with
a
positive
balance
in
the
pupil’s
5
account
in
the
education
savings
grant
fund
upon
graduation
6
from
high
school
or
completion
of
an
equivalent
level
of
7
competent
private
instruction
under
chapter
299A,
the
8
department
of
management
shall
maintain
such
account
in
the
9
fund
until
the
pupil
is
twenty-five
years
of
age.
Following
10
graduation
from
high
school
until
the
pupil
is
twenty-five
11
years
of
age,
moneys
in
the
pupil’s
account
may
be
used
12
for
higher
education
costs,
as
defined
in
section
12D.1,
13
incurred
by
the
pupil
while
attending
an
institution
of
higher
14
education
under
the
control
of
the
state
board
of
regents,
a
15
community
college
located
in
this
state,
or
a
private
college
16
or
university
located
in
this
state.
Payments
from
a
pupil’s
17
account
for
higher
education
costs
shall
be
made
in
the
same
18
manner
as
payments
for
qualified
educational
expenses
under
19
subsection
5.
Moneys
in
a
pupil’s
account
when
the
pupil
turns
20
twenty-five
years
of
age
shall
be
transferred
by
the
department
21
of
management
for
deposit
in
the
general
fund
of
the
state.
22
9.
This
section
shall
not
be
construed
to
authorize
the
23
state
or
any
political
subdivision
of
the
state
to
exercise
24
authority
over
any
nonpublic
school
or
provider
of
competent
25
private
instruction
under
chapter
299A
or
construed
to
require
26
a
nonpublic
school
to
modify
its
standards
for
admission
or
27
educational
program
in
order
to
receive
payment
from
a
parent
28
or
guardian
using
funds
from
a
pupil’s
account
in
the
education
29
savings
grant
fund.
A
nonpublic
school
or
provider
of
30
competent
private
instruction
under
chapter
299A
that
accepts
31
payment
from
a
parent
or
guardian
using
funds
from
a
pupil’s
32
account
in
the
education
savings
grant
fund
is
not
an
agent
33
of
this
state
or
of
a
political
subdivision
of
this
state.
34
Rules
adopted
by
the
department
of
management
to
implement
this
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section
that
impose
an
undue
burden
on
a
nonpublic
school
or
1
provider
of
competent
private
instruction
under
chapter
299A
2
are
invalid.
3
Sec.
86.
Section
422.7,
Code
2017,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
51.
Subtract,
to
the
extent
included,
the
6
amount
of
an
education
savings
grant
under
section
257.11B
7
received
by
the
taxpayer
for
payment
of
qualified
educational
8
expenses.
9
Sec.
87.
APPLICABILITY.
Except
as
otherwise
provided,
this
10
division
of
this
Act
applies
to
school
budget
years
and
fiscal
11
years
beginning
on
or
after
July
1,
2018.
12
Sec.
88.
APPLICABILITY.
The
section
of
this
division
of
13
this
Act
enacting
section
422.7,
subsection
51,
applies
to
tax
14
years
beginning
on
or
after
January
1,
2018.
15
Sec.
89.
EFFECTIVE
DATE.
The
section
of
this
division
of
16
this
Act
enacting
section
257.1A
takes
effect
July
1,
2018.
17
DIVISION
IV
18
CORRESPONDING
AMENDMENTS
LEGISLATION
19
Sec.
90.
CORRESPONDING
AMENDMENTS
LEGISLATION.
Additional
20
legislation
is
required
to
fully
implement
the
section
of
21
division
III
of
this
Act
enacting
section
257.1A.
The
director
22
of
the
department
of
education
shall,
in
compliance
with
23
section
2.16,
prepare
draft
legislation
for
submission
to
the
24
legislative
services
agency,
as
necessary,
to
implement
the
25
transition
and
elimination
of
authority
and
duties
of
the
26
department
of
education,
the
state
board
of
education,
and
27
director
of
the
department
of
education
under
the
section
28
of
division
III
of
this
Act
enacting
section
257.1A
and
to
29
implement
the
transition
and
elimination
of
authority
and
30
duties
under
other
provisions
of
law.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
education
and
school
district
funding
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by
modifying
the
duties
and
authority
of
certain
state
and
1
local
governmental
entities,
establishing
an
education
savings
2
grant
program,
and
modifying
the
school
district
funding
3
formula.
4
Division
I
of
the
bill
repeals
Code
chapter
256,
which
5
establishes
the
department
of
education,
establishes
the
office
6
of
the
director
of
the
department
of
education,
establishes
7
the
state
board
of
education,
specifies
certain
educational
8
standards,
establishes
various
education
programs,
establishes
9
certain
councils
and
entities
within
the
department
of
10
education,
includes
provisions
relating
to
the
participation
in
11
extracurricular
activities,
establishes
the
division
of
library
12
services,
includes
the
library
compact,
and
establishes
the
13
public
broadcasting
division.
14
Division
I
of
the
bill
also
amends
and
repeals
other
chapters
15
of
the
Code
relating
to
education
to
transition
the
duties
and
16
authority
of
the
department
of
education,
the
director
of
the
17
department
of
education,
and
the
state
board
of
education
to
18
other
specified
local
and
state
governmental
entities
beginning
19
July
1,
2018.
20
Division
I
of
the
bill
takes
effect
July
1,
2018.
21
Division
II
of
the
bill
provides
that
additional
legislation
22
is
required
to
fully
implement
division
I
of
the
bill
and
23
requires
the
director
of
the
department
of
education
to
24
prepare
draft
legislation
for
submission
to
the
legislative
25
services
agency,
as
necessary,
to
implement
the
transition
26
and
elimination
of
authority
and
duties
under
division
I
of
27
the
bill
and
to
implement
the
transition
and
elimination
of
28
authority
and
duties
under
other
provisions
of
law
including
29
but
not
limited
to
the
duties
and
authority
of
the
department
30
of
education,
the
state
board
of
education,
the
director
of
31
the
department
of
education,
and
any
division,
commission,
32
or
subunit
of
such
entities
or
offices
under
specified
Code
33
chapters.
34
Division
III
of
the
bill
provides
that
beginning
July
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1,
2018,
the
authority
and
duties
of
the
department
of
1
education,
the
state
board
of
education,
and
the
director
2
of
the
department
of
education
under
Code
chapter
257
are
3
transferred
to
the
department
of
management
and
the
director
4
of
the
department
of
management.
The
bill
also
provides
that
5
moneys
remaining
in
any
account
or
fund
under
the
control
of
6
the
department
of
education
at
the
conclusion
of
the
fiscal
7
year
beginning
July
1,
2017,
relative
to
the
provisions
of
Code
8
chapter
257
are
transferred
to
the
control
of
the
department
9
of
management
for
such
purposes.
The
bill
provides
that
10
any
contract
entered
into
by
the
department
of
education
11
relating
to
the
provisions
of
Code
chapter
257
in
effect
at
12
the
conclusion
of
the
fiscal
year
beginning
July
1,
2017,
13
shall
continue
in
full
force
and
effect
pending
transfer
of
14
such
contracts
to
the
department
of
management.
The
bill
also
15
provides
for
the
continuation
of
any
rule,
regulation,
form,
16
order,
or
directive
promulgated
by
the
department
of
education
17
until
amended,
repealed,
or
supplemented
by
affirmative
action
18
of
the
department
of
management.
19
Division
III
of
the
bill
provides
education
savings
grants
20
for
pupils
attending
a
nonpublic
school,
receiving
competent
21
private
instruction,
or
receiving
private
preschool
instruction
22
and
establishes
an
education
savings
grant
fund.
23
Under
division
III
of
the
bill,
pupils
eligible
to
enroll
24
in
grades
kindergarten
through
12
or
eligible
to
participate
25
in
a
preschool
program
under
Code
chapter
256C
and
attending
a
26
nonpublic
school,
receiving
competent
private
instruction
under
27
Code
chapter
299A,
or
receiving
private
preschool
instruction
28
are
eligible
to
receive
an
education
savings
grant
for
school
29
years
beginning
on
or
after
July
1,
2018.
By
January
31
30
preceding
the
school
year
for
which
the
education
savings
grant
31
is
requested,
the
parent
or
guardian
of
the
pupil
requesting
to
32
receive
an
education
savings
grant
must
submit
an
application
33
to
the
department
of
management.
34
Division
III
of
the
bill
requires
that
by
March
1
preceding
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the
school
year
for
which
the
education
savings
grant
is
1
requested,
the
department
of
management
must
notify
the
parent
2
or
guardian
of
each
pupil
designated
to
receive
an
education
3
savings
grant
and
the
amount
of
the
education
savings
grant.
4
Education
savings
grants
may
only
be
approved
for
one
school
5
year
and
annual
applications
must
be
submitted
for
education
6
savings
grants
in
subsequent
school
years.
7
The
amount
of
each
education
savings
grant
is
equal
to
the
8
statewide
average
regular
program
state
foundation
aid
per
9
pupil
in
the
same
school
year
or
in
the
case
of
a
preschool
10
eligible
pupil
an
amount
equal
to
50
percent
of
the
regular
11
program
state
cost
per
pupil.
12
Division
III
of
the
bill
creates
an
education
savings
13
grant
fund
in
the
state
treasury
under
the
control
of
the
14
department
of
management
consisting
of
moneys
appropriated
to
15
the
department
for
the
purpose
of
providing
education
savings
16
grants.
For
the
fiscal
year
commencing
July
1,
2018,
and
each
17
succeeding
fiscal
year,
there
is
appropriated
from
the
general
18
fund
of
the
state
to
the
department
of
management
for
deposit
19
in
the
fund
the
amount
necessary
to
pay
all
education
savings
20
grants
approved
for
that
fiscal
year.
For
each
pupil
approved
21
for
an
education
savings
grant,
the
department
of
management
22
must
establish
an
account
for
that
pupil
in
the
education
23
savings
grant
fund.
The
amount
of
the
pupil’s
education
24
savings
grant
is
deposited
into
the
pupil’s
account
on
July
1
25
and
such
amount
is
available
for
use
by
parents
and
guardians
26
for
the
payment
of
qualified
educational
expenses,
as
defined
27
in
the
bill,
incurred
by
the
parent
or
guardian
for
the
pupil
28
during
that
fiscal
year.
29
Division
III
of
the
bill
authorizes
the
department
of
30
management
to
contract
with
a
private
financial
management
firm
31
to
manage
the
education
savings
grant
fund,
in
collaboration
32
with
the
treasurer
of
state,
including
providing
for
the
33
disbursement
of
education
savings
grants
in
the
form
of
an
34
electronic
debit
card
or
checks
that
are
payable
directly
from
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the
pupil’s
account
within
the
fund.
1
Division
III
of
the
bill
provides
that
moneys
remaining
in
a
2
pupil’s
account
upon
the
conclusion
of
the
fiscal
year
shall
3
remain
in
the
pupil’s
account
within
the
education
savings
4
grant
fund
for
the
payment
of
qualified
educational
expenses
in
5
future
fiscal
years
or
for
higher
education
costs
as
authorized
6
in
the
bill.
7
Under
the
division,
for
each
pupil
with
a
positive
balance
in
8
the
pupil’s
account
in
the
education
savings
grant
fund
upon
9
graduation
from
high
school
or
completion
of
an
equivalent
10
level
of
competent
private
instruction
under
Code
chapter
11
299A,
the
department
of
management
is
required
to
maintain
the
12
account
in
the
fund
until
the
pupil
is
25
years
old.
Until
13
the
pupil
is
25
years
old,
moneys
in
the
pupil’s
account
may
14
be
used
by
the
pupil
for
higher
education
costs,
as
defined
15
in
Code
section
12D.1.
Moneys
in
a
pupil’s
account
when
the
16
pupil
turns
25
years
old
are
transferred
by
the
department
of
17
management
for
deposit
in
the
general
fund
of
the
state.
18
Division
III
of
the
bill
provides
that
a
person
who
makes
a
19
false
claim
for
the
purpose
of
obtaining
an
education
savings
20
grant
or
who
knowingly
receives
the
grant
or
makes
a
payment
21
from
an
account
within
the
education
savings
grant
fund
without
22
being
legally
entitled
to
do
so
is
guilty
of
a
fraudulent
23
practice
and
is
subject
to
a
criminal
penalty.
The
bill
allows
24
the
department
of
management
to
initiate
legal
proceedings
to
25
recover
grants
and
amounts
improperly
awarded
or
paid
from
26
accounts
under
the
bill.
27
Division
III
of
the
bill
provides
that
an
education
savings
28
grant
received
by
a
taxpayer
is
not
taxable
income
for
purposes
29
of
state
individual
income
taxation.
This
provision
of
the
30
bill
applies
to
tax
years
beginning
on
or
after
January
1,
31
2018.
32
The
section
of
division
III
of
the
bill
enacting
Code
section
33
257.1A
takes
effect
July
1,
2018.
Division
III
of
the
bill
34
applies
to
school
budget
years
and
fiscal
years
beginning
on
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or
after
July
1,
2018.
1
Division
IV
of
the
bill
provides
that
additional
legislation
2
is
required
to
fully
implement
division
III
of
the
bill
3
and
requires
the
director
of
the
department
of
education
to
4
prepare
draft
legislation
for
submission
to
the
legislative
5
services
agency,
as
necessary,
to
implement
the
transition
6
and
elimination
of
authority
and
duties
of
the
department
of
7
education
pursuant
to
new
Code
section
257.1A
and
to
implement
8
the
transition
and
elimination
of
authority
and
duties
under
9
other
provisions
of
law.
10
-49-
LSB
1270XS
(3)
87
md/sc
49/
49