Senate Study Bill 3018 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF EDUCATION BILL) A BILL FOR An Act relating to matters involving the state board of 1 education and the department of education to reflect current 2 practices, technology, and titles, to delete redundancies, 3 and to resolve inconsistencies. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5382XD (5) 88 kh/jh

S.F. _____ H.F. _____ Section 1. Section 256.56, Code 2020, is amended to read as 1 follows: 2 256.56 Electronic access to documents. 3 The state library shall work to develop a system of 4 electronic access to documents maintained by the state 5 library with a goal of providing electronic access to all such 6 documents. The access shall be provided initially through 7 the use of compact disc using a current, widely accepted and 8 utilized technology. This section shall not prohibit the state 9 librarian from considering other forms of electronic access if 10 the use of such other access is shown to exceed the benefits 11 of, and is more cost-effective than, the use of compact disc 12 currently used technology. 13 Sec. 2. Section 256A.2, subsection 1, paragraphs a and f, 14 Code 2020, are amended to read as follows: 15 a. The administrator of the division of child adult, 16 children and family services of the department of human 17 services or the administrator’s designee. 18 f. The dean of the college of family and consumer human 19 sciences at Iowa state university of science and technology or 20 the dean’s designee. 21 Sec. 3. Section 256A.3, subsections 4 and 7, Code 2020, are 22 amended by striking the subsections. 23 Sec. 4. Section 257.6, subsection 1, paragraph a, 24 subparagraph (3), Code 2020, is amended to read as follows: 25 (3) Shared-time and part-time pupils of school age enrolled 26 in public schools within the district, irrespective of the 27 districts in which the pupils reside, in the proportion that 28 the time for which they are enrolled or receive instruction for 29 the school year is to the time that full-time pupils carrying 30 a normal course schedule, at the same grade level, in the 31 same school district, for the same school year, are enrolled 32 and receive instruction. Tuition charges to the parent or 33 guardian of a shared-time or part-time nonresident pupil shall 34 be reduced by the amount of any increased state aid received by 35 -1- LSB 5382XD (5) 88 kh/jh 1/ 5

S.F. _____ H.F. _____ the district by the counting of the pupil. This subparagraph 1 applies to pupils enrolled in grades nine through twelve under 2 section 299A.8 and to pupils from accredited nonpublic schools 3 accessing classes or services on the accredited nonpublic 4 school premises under section 256.12 or on the school district 5 site, but excludes accredited nonpublic school pupils receiving 6 classes or services funded entirely by federal grants or 7 allocations. 8 Sec. 5. Section 279.42, Code 2020, is amended to read as 9 follows: 10 279.42 Gifts to schools. 11 The board of directors of a school district that receives 12 funds through a gift, devise, or bequest shall deposit the 13 funds in a trust fund, permanent fund, or agency custodial 14 fund and shall use the funds in accordance with the terms of 15 the gift, devise, or bequest. 16 Sec. 6. Section 282.18, subsection 8, Code 2020, is amended 17 to read as follows: 18 8. a. If a request filed under this section is for a child 19 requiring special education under chapter 256B , the request to 20 transfer to the other district shall only be granted if the 21 following conditions are met: 22 (1) The receiving district maintains a special education 23 instructional program which is appropriate to meet the child’s 24 educational needs and the enrollment of the child in the 25 receiving district’s program would not cause the size of the 26 class or caseload in that special education instructional 27 program in the receiving district to exceed the maximum class 28 size in or caseload established pursuant to rules adopted by 29 the state board of education for that program . 30 (2) If the child would be assigned to a general education 31 class, there is sufficient classroom space for the general 32 education class to which the child would be assigned. 33 b. For children requiring special education, the board 34 of directors of the district of residence shall pay to the 35 -2- LSB 5382XD (5) 88 kh/jh 2/ 5

S.F. _____ H.F. _____ receiving district the actual costs incurred in providing the 1 appropriate special education. 2 Sec. 7. Section 298A.13, Code 2020, is amended to read as 3 follows: 4 298A.13 Trust, permanent, or agency custodial funds. 5 Trust, permanent, or agency custodial funds shall be 6 established by any school corporation to account for gifts it 7 receives to be used for a particular purpose or to account for 8 money and property received and administered by the district 9 as trustee or custodian or in the capacity of an agent. Boards 10 may establish trust, permanent, or agency custodial funds as 11 necessary. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill updates the titles of certain entities represented 16 by members of the child development coordinating council and 17 eliminates certain duties required of the council, updates 18 language relating to school district agency funds, revises 19 provisions relating to children requiring special education 20 under the open enrollment law, adds a reference to a provision 21 relating to the actual enrollment of shared-time and part-time 22 pupils, and modifies language relating to technology used by 23 the state librarian. 24 STATE LIBRARY —— TECHNOLOGY. Language requiring the 25 state library to develop a system of electronic access to 26 documents the state library maintains is updated to replace a 27 reference to outdated technology with language that requires 28 the state library to use current, widely accepted and utilized 29 technology, though the state librarian is authorized to 30 consider other forms of electronic access that are more 31 cost-effective. 32 CHILD DEVELOPMENT COORDINATING COUNCIL. The titles 33 of certain entities represented by members of the child 34 development coordinating council are updated to the division 35 -3- LSB 5382XD (5) 88 kh/jh 3/ 5

S.F. _____ H.F. _____ of adult, children and family services under the department of 1 human services and the college of human sciences at Iowa state 2 university to reflect prior name changes of those entities. 3 The bill eliminates provisions requiring the council to make 4 recommendations to the department of education and the general 5 assembly regarding curricula, staff qualifications, training, 6 and the development of an at-risk children definition; and 7 requiring the council to encourage the establishment of 8 regional councils. 9 SHARED-TIME AND PART-TIME PUPILS ENROLLMENT. Under the Code 10 provision used to determine the certified enrollments of school 11 districts, the provision relating to shared-time and part-time 12 pupils from accredited nonpublic schools who are enrolled in 13 public schools to access classes or services on the accredited 14 nonpublic school premises is amended to add a reference to Code 15 section 256.12, which describes the manner in which school 16 districts may provide classes and services to private school 17 students and receive funding for providing such instruction and 18 services. 19 SCHOOL DISTRICT AGENCY FUNDS. The term “agency fund”, 20 describing a fund maintained by a school district, is replaced 21 with the term “custodial fund”. 22 OPEN ENROLLMENT REQUESTS FOR CHILDREN REQUIRING SPECIAL 23 EDUCATION. Currently, a receiving school district need only 24 grant the open enrollment request of a child requiring special 25 education if the district maintains a special education 26 instructional program appropriate to meet the child’s 27 educational needs and such enrollment would not cause the 28 appropriate class to exceed the maximum class size under rules 29 adopted by the state board of education. In addition to not 30 causing the class to exceed the maximum class size, the bill 31 provides that the enrollment of the child must not cause 32 the caseload to exceed the maximum caseload in that special 33 education instructional program under rules adopted by the 34 state board and there must be sufficient classroom space for 35 -4- LSB 5382XD (5) 88 kh/jh 4/ 5

S.F. _____ H.F. _____ the general education classes to which the child would be 1 assigned. 2 -5- LSB 5382XD (5) 88 kh/jh 5/ 5