House File 2340 - Introduced HOUSE FILE 2340 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HF 2024) A BILL FOR An Act relating to the Iowa educational savings plan trust by 1 permitting the use of funds for certain beneficiaries to 2 attend out-of-state elementary or secondary schools, and 3 including retroactive applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5485HV (1) 88 jm/jh
H.F. 2340 Section 1. Section 422.7, subsection 32, paragraph c, 1 subparagraph (2), subparagraph division (a), Code 2020, is 2 amended to read as follows: 3 (a) (i) “Elementary or secondary school” Except as provided 4 in subparagraph subdivision (ii), “elementary or secondary 5 school” means an elementary or secondary school in this state 6 which is accredited under section 256.11 , and adheres to the 7 provisions of the federal Civil Rights Act of 1964 and chapter 8 216 . 9 (ii) “Elementary or secondary school” includes an elementary 10 or secondary school located out of state that educates a 11 beneficiary who meets the definition of “children requiring 12 special education” in section 256B.2, if the elementary or 13 secondary school is accredited under the laws of the state in 14 which it is located and adheres to the federal Civil Rights Act 15 of 1964 and applicable state law analogous to chapter 216. 16 Sec. 2. RETROACTIVE APPLICABILITY. This Act applies 17 retroactively to January 1, 2020, for tax years beginning on 18 or after that date. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the Iowa educational savings plan 23 trust (529 plan) by permitting the use of funds for certain 24 beneficiaries to attend out-of-state elementary or secondary 25 schools. 26 Currently, a taxpayer does not pay taxes on money withdrawn 27 from a 529 plan to pay for qualified education expenses to 28 an elementary or secondary school located in this state, 29 among other tax incentives available to a participant in a 30 529 plan. The bill amends the definition of “elementary or 31 secondary school” by permitting tax-free withdrawals to pay 32 qualified educational expenses for an out-of-state elementary 33 or secondary school that educates a beneficiary who meets the 34 definition of “children requiring special education” in Code 35 -1- LSB 5485HV (1) 88 jm/jh 1/ 2
H.F. 2340 section 256B.2. 1 The bill applies retroactively to tax years beginning on or 2 after January 1, 2020. 3 -2- LSB 5485HV (1) 88 jm/jh 2/ 2