House File 609 - Introduced HOUSE FILE 609 BY KAUFMANN A BILL FOR An Act to legalize the participation in the instructional 1 support program by the Bennett community school district, 2 and providing an effective date. 3 WHEREAS, section 257.18 authorizes a school district to 4 participate in the instructional support program, if the board 5 of directors of the school district takes action by adopting a 6 resolution to participate in the program and after twenty-eight 7 days following the board’s action, the secretary of the board 8 does not receive a petition asking that the question to approve 9 or disapprove the board’s action be submitted to the voters of 10 the school district; and 11 WHEREAS, on April 9, 2018, the board of directors of the 12 Bennett community school district duly adopted a resolution to 13 participate in the instructional support program in compliance 14 with section 257.18; and 15 WHEREAS, on April 12, 2018, the action of the board of 16 directors of the Bennett community school district was 17 certified to the department of management; and 18 WHEREAS, the certification of the board’s action was 19 in error since it did not comply with the twenty-eight-day 20 requirement; and 21 WHEREAS, the secretary of the board has not received a 22 petition asking that the question to approve or disapprove 23 the board’s action be submitted to the voters of the school 24 district; NOW THEREFORE, 25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 26 TLSB 1486YH (5) 88 da/jh
H.F. 609 Section 1. The Bennett community school district’s actions 1 to participate in the instructional support program as 2 described in this Act, and as authorized pursuant to chapter 3 257, including but not limited to section 257.18, is valid 4 and legal, in the same manner as if that school district 5 had complied with the twenty-eight-day requirement, and the 6 certification of the board’s action had not been in error, 7 nothwithstanding any provision in that chapter to the contrary. 8 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 9 importance, takes effect upon enactment. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 BILL’S PROVISIONS. This bill legalizes the action of 14 the Bennett community school district to participate in an 15 instructional support program, notwithstanding that the school 16 district did not wait the required 28 days before certifying 17 its board’s action to the department of management. 18 BACKGROUND. The instructional support program allows a 19 school district to increase its general fund budget, if the 20 question to participate in the program is approved in one of 21 two ways: (1) by the voters at an election or (2) by resolution 22 adopted by the district’s board of directors. However, in 23 the case of board approval, a petition may be filed with the 24 district asking that the question be presented to the voters 25 at an election. The petition must be received by the district 26 not later than 28 days following adoption of the board’s 27 resolution. If no petition is timely filed, the district may 28 certify the board’s action to the department of management. 29 EFFECTIVE DATE. The bill takes effect upon enactment. 30 -1- LSB 1486YH (5) 88 da/jh 1/ 1