House
Study
Bill
146
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
HITE)
A
BILL
FOR
An
Act
relating
to
the
powers
and
duties
of
the
boards
of
1
directors
of
area
education
agencies,
school
districts,
and
2
school
corporations,
and
to
the
election
of
a
director
as
3
school
board
president.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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kh/jh
H.F.
_____
Section
1.
Section
273.2,
subsection
2,
Code
2021,
is
1
amended
to
read
as
follows:
2
2.
An
area
education
agency
established
under
this
chapter
3
is
a
body
politic
as
a
school
corporation
for
the
purpose
4
of
exercising
powers
granted
under
this
chapter
,
and
may
sue
5
and
be
sued.
An
area
education
agency
may
hold
property
and
6
execute
purchase
agreements
within
two
years
of
a
disaster
as
7
defined
in
section
29C.2,
subsection
4
,
and
lease-purchase
8
agreements
pursuant
to
section
273.3,
subsection
7
,
and
if
the
9
lease-purchase
agreement
exceeds
ten
years
or
the
purchase
10
price
of
the
property
to
be
acquired
pursuant
to
a
purchase
or
11
lease-purchase
agreement
exceeds
twenty-five
thousand
dollars
12
the
amount
stated
in
section
26.3,
subsection
1
,
the
area
13
education
agency
shall
conduct
a
public
hearing
on
the
proposed
14
purchase
or
lease-purchase
agreement
and
receive
approval
from
15
the
area
education
agency
board
of
directors
and
the
state
16
board
of
education
or
its
designee
before
entering
into
the
17
agreement.
18
Sec.
2.
Section
273.3,
subsections
7
and
12,
Code
2021,
are
19
amended
to
read
as
follows:
20
7.
Be
authorized
to
lease,
purchase,
or
lease-purchase,
21
subject
to
the
approval
of
the
state
board
of
education
or
22
its
designee
and
to
receive
by
gift
and
operate
and
maintain
23
facilities
and
buildings
necessary
to
provide
authorized
24
programs
and
services.
However,
a
lease
for
less
than
ten
25
years
and
with
an
annual
cost
of
less
than
twenty-five
thousand
26
dollars
the
amount
stated
in
section
26.3,
subsection
1,
does
27
not
require
the
approval
of
the
state
board.
The
state
board
28
shall
not
approve
a
lease,
purchase,
or
lease-purchase
until
29
the
state
board
is
satisfied
by
investigation
that
public
30
school
corporations
within
the
area
do
not
have
suitable
31
facilities
available.
A
purchase
of
property
that
is
not
a
32
lease-purchase
may
be
made
only
within
two
years
of
a
disaster
33
as
defined
in
section
29C.2,
subsection
4
,
and
subject
to
the
34
requirements
of
this
subsection
.
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12.
Prepare
an
annual
budget
estimating
income
and
1
expenditures
for
programs
and
services
as
provided
in
sections
2
273.1
,
273.2
,
this
section
,
sections
273.4
through
273.8
,
and
3
chapter
256B
within
the
limits
of
funds
provided
under
section
4
256B.9
and
chapter
257
.
The
board
shall
give
post
notice
of
5
a
public
hearing
on
the
proposed
budget
on
the
area
education
6
agency’s
internet
site
and
by
publication
in
an
official
county
7
the
newspaper
in
each
county
of
general
circulation
in
the
8
territory
of
the
area
education
agency
in
which
the
principal
9
place
of
business
of
a
school
district
that
is
a
part
of
the
10
area
education
agency
is
located.
The
notice
shall
specify
the
11
date,
which
shall
be
not
later
than
March
1
of
each
year,
the
12
time,
and
the
location
of
the
public
hearing.
The
proposed
13
budget
as
approved
by
the
board
shall
then
be
submitted
to
the
14
state
board
of
education,
on
forms
provided
by
the
department,
15
no
later
than
March
15
preceding
the
next
fiscal
year
for
16
approval.
The
state
board
shall
review
the
proposed
budget
of
17
each
area
education
agency
and
shall
before
May
1,
either
grant
18
approval
or
return
the
budget
without
approval
with
comments
19
of
the
state
board
included.
An
unapproved
budget
shall
be
20
resubmitted
to
the
state
board
for
final
approval
not
later
21
than
May
15.
The
state
board
shall
give
final
approval
only
to
22
budgets
submitted
by
area
education
agencies
accredited
by
the
23
state
board
or
that
have
been
given
conditional
accreditation
24
by
the
state
board.
25
Sec.
3.
Section
279.1,
subsection
2,
Code
2021,
is
amended
26
to
read
as
follows:
27
2.
Such
organization
shall
be
effected
by
the
election
of
28
a
president
from
the
members
of
the
board
to
serve
for
one
29
year,
and
who
shall
be
entitled
to
vote
as
a
member.
During
30
nonelection
years,
the
president
shall
be
elected
to
serve
for
31
one
year
at
a
regular
meeting
held
not
less
than
one
year,
32
nor
more
than
thirteen
months,
after
the
prior
organizational
33
meeting.
34
Sec.
4.
Section
279.33,
subsection
2,
Code
2021,
is
amended
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_____
by
striking
the
subsection.
1
Sec.
5.
Section
279.38,
subsections
1
and
2,
Code
2021,
are
2
amended
to
read
as
follows:
3
1.
Boards
of
directors
of
school
corporations
may
pay,
4
out
of
funds
available
to
them,
reasonable
annual
dues
to
5
the
Iowa
association
of
school
boards.
Each
board
that
pays
6
membership
dues
to
the
Iowa
association
of
school
boards
shall
7
annually
report
to
the
local
community
and
to
the
department
of
8
education
the
amount
the
board
pays
in
annual
dues
to
the
Iowa
9
association
of
school
boards,
the
amount
of
any
fees
paid
and
10
revenue
or
dividend
payments
received
for
services
the
board
11
receives
from
the
association
or
from
any
of
the
association’s
12
affiliated
for-profit
entities,
and
the
products
or
services
13
the
school
district
received
inclusive
with
membership
in
the
14
association.
15
2.
The
financial
condition
and
transactions
of
the
Iowa
16
association
of
school
boards
shall
be
audited
as
provided
in
17
section
11.6
.
In
addition,
annually
the
Iowa
association
of
18
school
boards
shall
publish
and
submit
to
the
department
of
19
education
a
listing
of
the
school
districts
and
the
annual
20
dues
paid
by
each,
the
total
revenue
the
association
receives
21
from
each
school
district
resulting
from
the
payment
of
22
membership
fees
and
the
sale
of
products
and
services
to
23
the
school
district
by
the
association
or
its
affiliated
24
for-profit
entities,
and
shall
publish
an
accounting
of
all
25
moneys
expended
for
expenses
incurred
by
and
salaries
paid
to
26
legislative
representatives
and
lobbyists
of
the
association.
27
In
addition,
the
association
shall
submit
to
the
general
28
assembly
copies
of
all
reports
the
association
provides
to
29
the
United
States
department
of
education
relating
to
federal
30
grants
and
grant
amounts
that
the
association
or
its
affiliated
31
for-profit
entities
administer
or
distribute
to
school
32
districts.
The
Iowa
association
of
school
boards
is
subject
33
to
chapters
21
and
22
relating
to
open
meetings
and
public
34
records.
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Sec.
6.
Section
279.41,
Code
2021,
is
amended
to
read
as
1
follows:
2
279.41
Schoolhouses
and
sites
sold
——
funds.
3
1.
Moneys
received
from
the
condemnation,
sale,
or
other
4
disposition
for
public
purposes
of
schoolhouses,
school
sites,
5
or
both
schoolhouses
and
school
sites,
shall
be
deposited
in
6
the
physical
plant
and
equipment
levy
fund
and
may
without
a
7
vote
of
the
electorate
be
used
for
purposes
authorized
under
8
section
298.3
,
as
ordered
by
the
board
of
directors
of
the
9
school
district
corporation
.
10
2.
Notwithstanding
subsection
1,
the
board
of
directors
11
of
a
school
corporation
may
take
action
to
deposit
moneys
12
received
as
provided
in
subsection
1
in
any
account
maintained
13
by
the
school
corporation
after
holding
a
public
hearing
on
the
14
proposed
action
of
the
board.
The
board
shall
publish
notice
15
of
the
time
and
place
of
the
public
hearing
in
the
same
manner
16
as
required
in
section
24.9.
17
Sec.
7.
Section
279.48,
subsection
3,
Code
2021,
is
amended
18
by
striking
the
subsection.
19
Sec.
8.
Section
279.60,
subsection
2,
Code
2021,
is
amended
20
to
read
as
follows:
21
2.
The
school
district
shall
also
collect
information
from
22
each
parent,
guardian,
or
legal
custodian
of
a
kindergarten
23
student
enrolled
in
the
district
,
including
but
not
limited
to
24
on
whether
the
student
attended
preschool
,
factors
identified
25
by
the
early
childhood
Iowa
office
pursuant
to
section
256I.5
,
26
and
other
demographic
factors
.
Each
school
district
shall
27
report
the
results
of
the
community
strategies
employed
during
28
the
prior
school
year
pursuant
to
section
279.68,
subsection
29
3
,
paragraph
“a”
,
the
assessment
administered
pursuant
to
30
subsection
1
,
and
the
preschool
information
collected
to
31
the
department
of
education
in
the
manner
prescribed
by
the
32
department
not
later
than
January
1
of
that
school
year.
The
33
early
childhood
Iowa
office
in
the
department
of
management
34
shall
have
access
to
the
raw
data.
The
department
shall
review
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_____
the
information
submitted
pursuant
to
this
section
and
shall
1
submit
its
findings
and
recommendations
annually
in
a
report
to
2
the
governor,
the
general
assembly,
the
early
childhood
Iowa
3
state
board,
and
the
early
childhood
Iowa
area
boards.
4
Sec.
9.
Section
297.22,
subsection
1,
paragraphs
b,
c,
and
5
d,
Code
2021,
are
amended
to
read
as
follows:
6
b.
(1)
Proceeds
from
the
sale
or
disposition
of
real
or
7
other
property
shall
be
deposited
into
the
fund
which
was
8
used
to
account
for
the
acquisition
of
the
property.
If
9
the
district
is
unable
to
determine
which
fund
was
used
to
10
account
for
the
acquisition
of
the
property
or
if
the
fund
no
11
longer
exists
in
the
district,
the
proceeds
from
the
sale
or
12
disposition
of
real
property
shall
be
placed
in
the
physical
13
plant
and
equipment
levy
fund,
and
the
proceeds
from
the
sale
14
or
disposition
of
property
other
than
real
property
shall
be
15
placed
in
the
general
fund.
Proceeds
from
the
lease
of
real
or
16
other
property
shall
be
placed
in
the
general
fund.
17
(2)
Notwithstanding
subparagraph
(1),
the
board
of
18
directors
of
a
school
district
may
take
action
to
deposit
the
19
proceeds
from
the
sale
or
disposition
of
real
or
other
property
20
in
any
account
maintained
by
the
school
district
after
holding
21
a
public
hearing
on
the
proposed
action
of
the
board.
The
22
board
shall
publish
notice
of
the
time
and
place
of
the
public
23
hearing
in
the
same
manner
as
required
in
section
24.9.
24
c.
Before
the
board
of
directors
may
sell,
lease
for
a
25
period
in
excess
of
one
year,
or
dispose
of
any
property
26
belonging
to
the
school,
the
board
shall
hold
a
public
hearing
27
on
the
proposal.
The
board
shall
set
forth
its
proposal
in
a
28
resolution
and
shall
publish
notice
of
the
time
and
the
place
29
of
the
public
hearing
on
the
resolution.
The
notice
shall
30
also
describe
the
property.
A
locally
known
address
for
real
31
property
may
be
substituted
for
a
legal
description
of
real
32
property
contained
in
the
resolution.
Notice
The
board
shall
33
publish
notice
of
the
time
and
place
of
the
public
hearing
34
shall
be
published
at
least
once
not
less
than
ten
days
but
not
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more
than
twenty
days
prior
to
the
date
of
the
hearing
in
a
1
newspaper
of
general
circulation
in
the
district
in
the
same
2
manner
as
required
in
section
24.9
.
After
the
public
hearing,
3
the
board
may
make
a
final
determination
on
the
proposal
4
contained
in
the
resolution.
5
d.
However,
property
having
a
value
of
not
more
than
five
6
twenty-five
thousand
dollars,
other
than
real
property,
may
be
7
sold
or
disposed
of
by
any
procedure
which
is
adopted
by
the
8
board.
Each
such
sale
or
disposal
shall
be
published
by
at
9
least
one
insertion
each
week
for
two
consecutive
weeks
in
a
10
newspaper
having
general
circulation
in
the
district
and
any
11
other
disposition
shall
be
published
by
at
least
one
insertion
12
in
a
newspaper
having
general
circulation
in
the
district
.
13
Sec.
10.
REPEAL.
Section
279.44,
Code
2021,
is
repealed.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
the
powers
and
duties
of
the
boards
of
18
directors
of
area
education
agencies
(AEAs),
school
districts,
19
and
school
corporations
to
submit
reports,
dispose
of
property
20
and
deposit
the
proceeds,
publish
notice,
and
to
the
election
21
of
school
board
presidents.
22
DUTIES
AND
POWERS
OF
AREA
EDUCATION
AGENCY
BOARD
——
BOARD
23
APPROVAL
ON
CERTAIN
LEASES
——
NOTICE.
Code
sections
273.2(2)
24
and
273.3(7)
are
amended
to
raise
the
limit,
from
more
than
25
$25,000
to
more
than
$100,000,
on
leases
and
lease
purchases
26
that
would
require
approval
of
the
state
board
of
education.
27
Code
section
273.3(12)
is
amended
to
provide
that
notice
of
28
the
public
hearing
on
the
AEA’s
annual
budget
must
be
posted
29
on
the
AEA’s
internet
site
and
by
publication
in
a
newspaper
30
of
general
circulation.
Current
law
requires
that
the
notice
31
be
published
in
an
official
county
newspaper
in
each
county
in
32
the
AEA
territory.
33
ELECTION
OF
SCHOOL
BOARD
PRESIDENT.
The
bill
amends
34
Code
sections
279.1(2)
and
279.33(2)
to
replace
a
provision
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_____
requiring
the
school
board
president
be
elected
in
1
even-numbered
years
at
the
organizational
meeting
to
serve
for
2
one
year,
with
a
provision
requiring
that
during
nonelection
3
years,
the
school
board
president
be
elected
to
serve
for
one
4
year
at
a
regular
meeting
held
between
12
and
13
months
after
5
the
prior
organizational
meeting.
6
MEMBERSHIP
IN
ASSOCIATION
OF
SCHOOL
BOARDS
——
REPORTS
TO
7
DEPARTMENT.
The
bill
amends
Code
section
279.38
to
eliminate
a
8
requirement
that
the
boards
of
directors
of
school
corporations
9
which
pay
dues
to
the
Iowa
association
of
school
boards
report
10
to
the
department
of
education
the
amount
paid
by
the
board
to
11
the
association
in
annual
dues.
However,
the
bill
adds
that
a
12
report
the
association
is
currently
required
to
publish,
which
13
includes
a
list
of
member
school
districts,
annual
dues
paid
by
14
each,
revenues
received
from
the
sale
of
products
and
services,
15
and
amounts
paid
relating
to
the
association’s
lobbying
16
activities,
must
be
submitted
to
the
department
of
education.
17
SCHOOLHOUSES
AND
SITES
SOLD
——
FUNDS.
Currently,
school
18
districts
must
deposit
and
use
moneys
received
from
the
19
condemnation,
sale,
or
other
disposition
for
public
purposes
20
of
schoolhouses,
school
sites,
or
both
schoolhouses
and
school
21
sites
as
authorized
by
statute
and
as
ordered
by
the
board
22
of
directors
of
the
school
district.
The
bill
replaces
the
23
reference
to
“school
district”
with
“school
corporation”,
24
which
is
a
broader
term
that
typically
includes
area
education
25
agencies
and
community
colleges.
The
bill
also
amends
Code
26
section
279.41
to
provide
that
such
boards
may
take
action
27
to
deposit
the
moneys
received
in
any
account
maintained
by
28
the
school
corporation
after
holding
a
public
hearing
on
the
29
proposed
action.
Such
board
must
publish
notice
of
the
time
30
and
place
of
the
public
hearing.
31
EQUIPMENT
PURCHASE.
The
bill
strikes
Code
section
279.48(3)
32
which
provides
that
a
school
corporation
must,
before
entering
33
into
a
loan
agreement
for
an
equipment
purchase,
publish
notice
34
at
least
once
in
a
newspaper
of
general
circulation
within
the
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school
corporation
at
least
10
days
before
the
meeting
at
which
1
the
loan
agreement
is
to
be
approved.
2
ASSESSMENTS
——
REPORTS.
The
bill
amends
Code
section
3
279.60(2),
which
relates
to
administration
of
the
teaching
4
strategies
gold
early
childhood
assessment
to
every
resident
5
pre-k
or
four-year-old
enrolled
in
a
school
district,
and
6
a
universal
screening
instrument
to
kindergarten
students
7
enrolled
in
the
district.
The
bill
eliminates
language
which
8
requires
that
a
report
submitted
by
a
school
district
include
9
information
on
factors
identified
by
the
early
childhood
Iowa
10
office
and
other
demographic
factors,
as
well
as
language
11
that
requires
school
districts
to
report
to
the
department
of
12
education
the
results
of
the
community
strategies
employed
in
13
the
prior
school
year
and
the
assessment
results.
14
POWER
TO
SELL,
LEASE,
OR
DISPOSE
OF
PROPERTY
——
NOTICE.
The
15
bill
amends
Code
section
297.22(1)(b)-(d)
to
give
the
boards
16
of
directors
of
school
districts
the
option
to
take
action
17
to
deposit
the
proceeds
from
the
sale
or
disposition
of
real
18
or
other
property
in
any
account
maintained
by
the
school
19
district
after
holding
a
public
hearing
on
the
proposed
action.
20
Existing
language
specifies
in
which
funds
such
proceeds
must
21
be
deposited.
The
board
must
publish
notice
of
the
time
and
22
place
of
the
public
hearing.
23
Also,
a
provision
requiring
that
the
notice
the
boards
must
24
publish
prior
to
holding
a
public
hearing
on
a
proposal
to
25
sell,
lease
for
a
period
in
excess
of
one
year,
or
dispose
of
26
any
property
belonging
to
the
school,
must
be
published
at
27
least
once
for
not
less
than
10
days
nor
more
than
20
days
28
prior
to
the
public
hearing
date
in
a
newspaper
of
general
29
circulation
in
the
district,
is
replaced
with
a
provision
that
30
allows
for
publication
requirements
that
vary
with
the
size
of
31
a
municipality.
32
The
bill
raises
the
limit,
from
$5,000
to
$25,000,
for
33
the
value
of
property
that
may
be
sold
or
disposed
of
by
any
34
procedure
which
is
adopted
by
a
board.
Language
relating
to
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the
frequency
of
notice
publication
of
such
sale,
once
each
1
week
for
two
weeks,
in
a
newspaper
of
general
publication
is
2
eliminated.
The
bill
provides
that
such
sale
or
disposal
must
3
be
published
in
a
newspaper
of
general
circulation.
4
REPEAL.
The
bill
repeals
Code
section
279.44,
which
5
requires
school
districts
to
conduct
energy
audits
every
five
6
years.
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