Senate
File
127
-
Introduced
SENATE
FILE
127
BY
CARLIN
A
BILL
FOR
An
Act
establishing
an
education
savings
grant
program
for
1
certain
pupils
attending
a
nonpublic
school,
establishing
2
an
education
savings
grant
fund,
providing
an
income
tax
3
exemption,
making
appropriations,
providing
penalties,
and
4
including
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
SHORT
TITLE
2
Section
1.
SHORT
TITLE.
This
Act
shall
be
known
and
may
be
3
cited
as
the
“Iowa
Student
Opportunity
Act”.
4
DIVISION
II
5
EDUCATION
SAVINGS
GRANTS
6
Sec.
2.
Section
8.6,
Code
2021,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
17.
Education
savings
grants.
To
adopt
9
rules
relating
to
the
administration
of
and
applications
10
for
the
education
savings
grant
program
pursuant
to
section
11
257.11B,
including
but
not
limited
to
application
processing
12
timelines,
information
required
to
be
submitted
by
a
parent
or
13
guardian,
and
payment
and
recovery
of
grant
amounts.
14
Sec.
3.
NEW
SECTION
.
257.11B
Education
savings
grant
15
program.
16
1.
a.
For
the
school
budget
year
beginning
July
1,
2022,
17
and
each
succeeding
school
budget
year,
the
following
resident
18
pupils
who
are
attending
a
nonpublic
school,
as
defined
19
in
section
285.16,
located
in
this
state
and
who
maintain
20
enrollment
for
the
entirety
of
the
required
attendance
period
21
of
the
school
year
shall
be
eligible
to
apply
for
an
education
22
savings
grant
in
the
manner
provided
in
this
section:
23
(1)
A
pupil
eligible
to
enroll
in
grade
one
through
grade
24
twelve
if
the
pupil
has
attended
a
public
school
identified
for
25
comprehensive
support
and
improvement
under
the
federal
Every
26
Student
Succeeds
Act,
Pub.
L.
No.
114-95,
for
the
equivalent
of
27
the
two
semesters
immediately
preceding
the
school
budget
year
28
for
which
the
education
savings
grant
is
requested
and
if
the
29
pupil
is
not
otherwise
ineligible
under
this
section.
30
(2)
A
pupil
who
received
an
education
savings
grant
for
31
the
immediately
preceding
school
budget
year,
who
is
eligible
32
to
enroll
in
grade
one
through
grade
twelve,
and
who
is
not
33
otherwise
ineligible
under
this
section.
34
b.
Education
savings
grants
shall
be
made
available
to
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parents
and
guardians
in
the
manner
authorized
under
subsection
1
4,
paragraph
“c”
,
for
the
payment
of
qualified
grant
expenses
as
2
provided
in
this
section.
3
c.
For
purposes
of
this
subsection,
“resident”
means
the
4
same
as
defined
in
section
282.1,
subsection
2.
5
2.
a.
(1)
By
January
31
preceding
the
school
year
for
6
which
the
education
savings
grant
is
requested,
the
parent
7
or
guardian
of
the
pupil
shall
submit
an
application
to
the
8
department
of
management,
on
application
forms
developed
by
9
the
department
of
management,
indicating
that
the
parent
or
10
guardian
intends
to
enroll
the
pupil
in
a
nonpublic
school
for
11
the
entirety
of
the
school
year.
12
(2)
In
addition
to
such
information
deemed
appropriate
by
13
the
department
of
management,
the
application
shall
require
14
certification
from
the
nonpublic
school
of
the
pupil’s
15
enrollment
for
the
following
school
year.
16
b.
By
March
1
preceding
the
school
year
for
which
the
17
education
savings
grant
is
requested,
the
department
of
18
management
shall
notify
the
parent
or
guardian
of
each
pupil
19
approved
for
the
following
school
year
to
receive
an
education
20
savings
grant
and
the
amount
of
the
education
savings
grant
for
21
the
pupil.
22
c.
Education
savings
grants
shall
only
be
approved
for
one
23
school
year
and
applications
must
be
submitted
annually
for
24
education
savings
grants
in
subsequent
school
years.
25
3.
The
department
of
management
shall
assign
each
pupil
26
an
education
savings
grant
in
an
amount
equal
to
seventy-five
27
percent
of
the
regular
program
state
cost
per
pupil
for
the
28
same
school
budget
year.
29
4.
An
education
savings
grant
fund
is
created
in
the
state
30
treasury
under
the
control
of
the
department
of
management
31
consisting
of
moneys
appropriated
to
the
department
of
32
management
for
the
purpose
of
providing
education
savings
33
grants
under
this
section.
For
the
fiscal
year
commencing
July
34
1,
2022,
and
each
succeeding
fiscal
year,
there
is
appropriated
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from
the
general
fund
of
the
state
to
the
department
of
1
management
to
be
credited
to
the
fund
the
amount
necessary
2
to
pay
all
education
savings
grants
approved
for
that
fiscal
3
year.
The
director
of
the
department
of
management
has
all
4
powers
necessary
to
carry
out
and
effectuate
the
purposes,
5
objectives,
and
provisions
of
this
section
pertaining
to
the
6
fund,
including
the
power
to
do
all
of
the
following:
7
a.
Make
and
enter
into
contracts
necessary
for
the
8
administration
of
the
fund.
9
b.
Procure
insurance
against
any
loss
in
connection
with
the
10
assets
of
the
fund
or
require
a
surety
bond.
11
c.
Contract
with
a
private
financial
management
firm
to
12
manage
the
fund,
in
collaboration
with
the
treasurer
of
state,
13
including
providing
for
the
disbursement
of
education
savings
14
grants
in
the
form
of
an
electronic
debit
card
or
checks
that
15
are
payable
directly
from
the
pupil’s
account
within
the
fund.
16
d.
Conduct
audits
or
other
review
necessary
to
properly
17
administer
the
program.
18
e.
Adopt
rules
for
the
administration
of
the
fund
and
19
accounts
within
the
fund.
20
5.
a.
For
each
pupil
approved
for
an
education
savings
21
grant,
the
department
of
management
shall
establish
an
account
22
for
that
pupil
in
the
education
savings
grant
fund.
The
amount
23
of
the
pupil’s
education
savings
grant
shall
be
deposited
24
into
the
pupil’s
account
on
July
1,
and
such
amount
shall
25
be
immediately
available
for
the
payment
of
qualified
grant
26
expenses
incurred
by
the
parent
or
guardian
for
the
pupil
27
during
that
fiscal
year
using
the
payment
method
authorized
28
under
subsection
4,
paragraph
“c”
.
29
b.
A
nonpublic
school
that
accepts
payment
from
a
parent
or
30
guardian
using
funds
from
a
pupil’s
account
in
the
education
31
savings
grant
fund
shall
not
refund,
rebate,
or
share
any
32
portion
of
such
payment
with
the
parent,
guardian,
or
pupil.
33
c.
Moneys
remaining
in
an
eligible
pupil’s
account
upon
34
conclusion
of
the
fiscal
year
shall
remain
in
the
eligible
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pupil’s
account
in
the
education
savings
grant
fund
for
the
1
payment
of
qualified
grant
expenses
in
future
fiscal
years
2
during
which
the
pupil
participates
in
the
program
or
for
the
3
payment
of
higher
education
costs
that
are
qualified
education
4
expenses
as
provided
under
subsection
8.
5
6.
a.
For
purposes
of
this
section,
“qualified
grant
6
expenses”
includes
tuition
and
fees
at
a
nonpublic
school,
7
textbooks,
fees
or
payments
for
educational
therapies,
8
including
tutoring
or
cognitive
skills
training,
curriculum
9
fees
and
materials
for
a
course
of
study
for
a
specific
subject
10
matter
or
grade
level,
tuition
or
fees
for
nonpublic
online
11
education
programs,
education
materials
and
services
for
pupils
12
with
disabilities,
including
the
cost
of
paraprofessionals
13
and
assistants
who
are
trained
in
accordance
with
state
law,
14
standardized
test
fees,
qualified
education
expenses,
as
15
defined
in
section
12D.1,
excluding
room
and
board
expenses,
16
and
other
expenses
incurred
by
the
parent
or
guardian
that
17
are
directly
related
to
the
education
of
the
pupil
at
a
18
nonpublic
school,
including
a
nonpublic
school
accredited
by
19
an
independent
accrediting
agency
approved
by
the
department
20
of
education.
21
b.
“Qualified
grant
expenses”
does
not
include
22
transportation
costs
for
the
pupil,
the
cost
of
food
or
23
refreshments
consumed
by
the
pupil,
the
cost
of
clothing
for
24
the
pupil,
or
the
cost
of
disposable
materials,
including
25
but
not
limited
to
paper,
notebooks,
pencils,
pens,
and
art
26
supplies.
27
7.
a.
A
person
who
makes
a
false
claim
for
the
purpose
28
of
obtaining
an
education
savings
grant
provided
for
in
this
29
section
or
who
knowingly
receives
the
grant
or
makes
a
payment
30
from
an
account
within
the
education
savings
grant
fund
without
31
being
legally
entitled
to
do
so
is
guilty
of
a
fraudulent
32
practice
under
chapter
714.
The
false
claim
for
an
education
33
savings
grant
or
a
payment
from
an
account
shall
be
disallowed.
34
The
department
of
management
shall
also
close
the
pupil’s
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account
in
the
education
savings
grant
fund
and
transfer
any
1
remaining
moneys
in
the
account
for
deposit
in
the
general
2
fund
of
the
state.
If
the
improperly
obtained
amounts
from
3
the
grant
have
been
disbursed
from
the
applicable
account
in
4
the
education
savings
grant
fund,
the
department
of
management
5
shall
recover
such
amounts
from
the
parent
or
guardian,
or
from
6
the
pupil
for
purposes
of
subsection
8,
including
by
initiating
7
legal
proceedings
to
recover
such
amounts,
if
necessary.
A
8
parent
or
guardian,
or
a
pupil
for
purposes
of
subsection
9
8,
who
commits
a
fraudulent
practice
under
this
section
is
10
prohibited
from
participating
in
the
education
savings
grant
11
program
in
the
future.
12
b.
If,
prior
to
the
end
of
the
required
attendance
period
13
of
the
school
year,
a
pupil
who
receives
an
education
savings
14
grant
withdraws
from
enrollment
in
the
nonpublic
school
or
is
15
expelled,
the
nonpublic
school
shall
notify
the
department
of
16
management
in
writing
of
the
pupil’s
withdrawal
or
expulsion,
17
and
the
pupil’s
parent
or
guardian
shall
notify
the
department
18
of
management
of
the
pupil’s
withdrawal
or
expulsion
from
the
19
nonpublic
school.
A
pupil’s
expulsion
from
the
nonpublic
20
school
prior
to
the
end
of
the
required
attendance
period
for
21
the
school
year
shall
invalidate
the
pupil’s
eligibility
for
22
the
education
savings
grant
for
the
school
budget
year.
A
23
pupil’s
withdrawal
from
a
nonpublic
school
prior
to
the
end
24
of
the
required
attendance
period
of
the
school
year
shall
25
invalidate
the
pupil’s
eligibility
for
the
education
savings
26
grant
for
the
school
budget
year
unless
the
withdrawal
is
27
the
result
of
a
change
in
residence
of
the
pupil
and
the
28
pupil,
following
written
notice
by
the
parent
or
guardian
and
29
certification
by
the
new
nonpublic
school
to
the
department
of
30
management,
enrolls
in
a
different
nonpublic
school
in
this
31
state
for
the
remainder
of
the
school
year.
32
c.
(1)
Upon
receipt
of
a
notice
of
expulsion
under
33
paragraph
“b”
,
the
department
of
management
shall
close
34
the
pupil’s
account
in
the
education
savings
grant
fund
and
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transfer
any
remaining
moneys
in
the
account
for
deposit
in
1
the
general
fund
of
the
state.
In
addition,
if
amounts
from
2
the
grant
for
the
school
budget
year
during
which
the
pupil
3
is
expelled
have
been
disbursed
from
the
expelled
pupil’s
4
account
in
the
education
savings
grant
fund,
the
department
5
of
management
shall
recover
such
amounts
from
the
parent
or
6
guardian,
including
by
initiating
legal
proceedings
to
recover
7
such
amounts,
if
necessary.
8
(2)
Upon
receipt
of
a
notice
of
withdrawal
under
paragraph
9
“b”
and
a
determination
that
the
pupil’s
withdrawal
was
not
the
10
result
of
a
change
in
residence,
the
department
of
management
11
shall
cease
disbursements
of
remaining
moneys
in
the
pupil’s
12
account
in
the
education
savings
grant
fund
and
maintain
the
13
pupil’s
account
if
and
until
such
time
that
the
pupil
uses
the
14
funds
for
qualified
education
expenses
under
subsection
8.
15
In
addition,
if
amounts
from
the
grant
for
the
school
budget
16
year
during
which
the
withdrawal
occurs
have
been
disbursed
17
from
the
pupil’s
account
in
the
education
savings
grant
fund,
18
the
department
of
management
shall
recover
such
amounts
from
19
the
parent
or
guardian
to
the
extent
the
amount
disbursed
20
exceeds
the
amount
of
the
grant
proportionate
to
the
remaining
21
portion
of
the
school
year
following
the
withdrawal,
including
22
by
initiating
legal
proceedings
to
recover
such
amounts,
if
23
necessary.
24
(3)
Upon
receipt
of
a
notice
of
withdrawal
under
paragraph
25
“b”
and
a
determination
that
the
withdrawal
was
the
result
of
26
a
change
in
residence
but
that
the
pupil
did
not
enroll
in
27
a
different
nonpublic
school
in
this
state
for
the
remainder
28
of
the
school
year,
the
department
of
management
shall
cease
29
disbursements
of
remaining
moneys
in
the
pupil’s
account
in
30
the
education
savings
grant
fund
and
maintain
the
pupil’s
31
account
if
and
until
such
time
that
the
pupil
uses
the
funds
32
for
qualified
education
expenses
under
subsection
8.
33
(4)
If
a
pupil’s
eligibility
is
invalidated
under
the
34
provisions
of
paragraph
“b”
,
the
pupil
shall
be
ineligible
for
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an
education
savings
grant
for
the
following
school
budget
year
1
under
subsection
1,
paragraph
“a”
,
subparagraph
(2).
2
8.
For
each
pupil
with
a
positive
balance
in
the
pupil’s
3
account
in
the
education
savings
grant
fund
upon
graduation
4
from
high
school,
the
department
of
management
shall
maintain
5
the
account
in
the
fund
until
the
pupil
is
twenty-five
years
of
6
age.
Following
graduation
from
high
school
until
the
pupil
is
7
twenty-five
years
of
age,
moneys
in
the
pupil’s
account
may
be
8
used
for
qualified
education
expenses,
as
defined
in
section
9
12D.1,
incurred
by
the
pupil
while
attending
an
institution
10
of
higher
education
under
the
control
of
the
state
board
of
11
regents,
a
community
college
located
in
this
state,
or
a
12
private
college
or
university
located
in
this
state.
Payments
13
from
a
pupil’s
account
for
qualified
education
expenses
shall
14
be
made
in
the
same
manner
as
payments
for
qualified
grant
15
expenses
under
subsection
5.
Moneys
in
a
pupil’s
account
when
16
the
pupil
turns
twenty-five
years
of
age
shall
be
transferred
17
by
the
department
of
management
for
deposit
in
the
general
fund
18
of
the
state.
19
9.
This
section
shall
not
be
construed
to
authorize
the
20
state
or
any
political
subdivision
of
the
state
to
exercise
21
authority
over
any
nonpublic
school
or
construed
to
require
a
22
nonpublic
school
to
modify
its
academic
standards
for
admission
23
or
educational
program
in
order
to
receive
payment
from
a
24
parent
or
guardian
using
funds
from
a
pupil’s
account
in
the
25
education
savings
grant
fund.
A
nonpublic
school
that
accepts
26
payment
from
a
parent
or
guardian
using
funds
from
a
pupil’s
27
account
in
the
education
savings
grant
fund
is
not
an
agent
28
of
this
state
or
of
a
political
subdivision
of
this
state.
29
Rules
adopted
by
the
department
of
management
to
implement
this
30
section
that
impose
an
undue
burden
on
a
nonpublic
school
are
31
invalid.
32
Sec.
4.
Section
422.7,
Code
2021,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
48.
Subtract,
to
the
extent
included,
the
35
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amount
of
an
education
savings
grant
under
section
257.11B
1
received
by
the
taxpayer
for
payment
of
qualified
grant
2
expenses.
3
Sec.
5.
APPLICABILITY.
The
following
applies
to
school
4
budget
years
and
fiscal
years
beginning
on
or
after
July
1,
5
2022:
6
The
section
of
this
division
of
this
Act
enacting
section
7
257.11B.
8
Sec.
6.
APPLICABILITY.
The
following
applies
to
tax
years
9
beginning
on
or
after
January
1,
2022:
10
The
section
of
this
division
of
this
Act
enacting
section
11
422.7,
subsection
48.
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
establishes
an
education
savings
grant
program
for
16
certain
pupils
attending
a
nonpublic
school.
17
Division
I
of
the
bill
provides
that
the
Act
shall
be
known
18
and
may
be
cited
as
the
“Iowa
Student
Opportunity
Act”.
19
Under
Division
II
of
the
bill,
the
following
pupils
who
20
attend
a
nonpublic
school
in
this
state
and
who
maintain
21
enrollment
for
the
entirety
of
the
required
attendance
period
22
of
the
school
year
are
eligible
to
apply
for
an
education
23
savings
grant:
(1)
a
pupil
eligible
to
enroll
in
grade
1
24
through
grade
12
if
the
pupil
has
attended
a
public
school
25
identified
for
comprehensive
support
and
improvement
under
26
federal
law
for
the
equivalent
of
the
two
immediately
preceding
27
semesters;
or
(2)
a
pupil
who
received
an
education
savings
28
grant
for
the
immediately
preceding
school
budget
year
and
29
who
is
eligible
to
enroll
in
grade
1
through
grade
12.
By
30
January
31
preceding
the
school
year
for
which
the
education
31
savings
grant
is
requested,
the
parent
or
guardian
of
the
pupil
32
requesting
to
receive
an
education
savings
grant
must
submit
an
33
application
to
the
department
of
management
indicating
that
the
34
parent
or
guardian
intends
to
enroll
the
pupil
in
a
nonpublic
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school
for
the
entirety
of
the
school
year.
1
The
bill
requires
that
by
March
1
preceding
the
school
2
year
for
which
the
education
savings
grant
is
requested,
the
3
department
of
management
must
notify
the
parent
or
guardian
of
4
each
pupil
approved
for
the
following
school
year
to
receive
an
5
education
savings
grant
and
the
amount
of
the
education
savings
6
grant
for
the
pupil,
as
specified
in
the
bill.
Education
7
savings
grants
must
be
approved
for
each
school
year
and
8
applications
must
be
submitted
each
year.
9
The
bill
creates
an
education
savings
grant
fund
in
10
the
state
treasury
under
the
control
of
the
department
of
11
management
consisting
of
moneys
appropriated
to
the
department
12
of
management
for
the
purpose
of
providing
education
savings
13
grants.
For
the
fiscal
year
commencing
July
1,
2022,
and
each
14
succeeding
fiscal
year,
there
is
appropriated
from
the
general
15
fund
of
the
state
to
the
department
of
management
for
deposit
16
in
the
fund
the
amount
necessary
to
pay
all
education
savings
17
grants
approved
for
that
fiscal
year.
For
each
pupil
approved
18
for
an
education
savings
grant,
the
department
of
management
19
must
establish
an
account
for
that
pupil
in
the
education
20
savings
grant
fund.
The
amount
of
the
pupil’s
education
21
savings
grant
is
deposited
into
the
pupil’s
account
on
July
1
22
and
such
amount
is
available
for
use
by
parents
and
guardians
23
for
the
payment
of
qualified
grant
expenses,
as
defined
in
the
24
bill,
incurred
by
the
parent
or
guardian
for
the
pupil
during
25
that
fiscal
year.
26
The
bill
authorizes
the
department
of
management
to
27
contract
with
a
private
financial
management
firm
to
manage
28
the
education
savings
grant
fund,
in
collaboration
with
the
29
treasurer
of
state,
including
providing
for
the
disbursement
30
of
education
savings
grants
in
the
form
of
an
electronic
debit
31
card
or
checks
that
are
payable
directly
from
the
pupil’s
32
account
within
the
fund.
33
The
bill
provides
that
moneys
remaining
in
an
eligible
34
pupil’s
account
upon
the
conclusion
of
the
fiscal
year
shall
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remain
in
the
eligible
pupil’s
account
in
the
education
savings
1
grant
fund
for
the
payment
of
qualified
grant
expenses
in
2
future
fiscal
years
during
which
the
pupil
participates
in
3
the
program
or
for
higher
education
costs
that
are
qualified
4
education
expenses
as
authorized
in
the
bill.
5
Under
the
bill,
for
each
pupil
with
a
positive
balance
in
6
the
pupil’s
account
in
the
education
savings
grant
fund
upon
7
graduation
from
high
school,
the
department
of
management
is
8
required
to
maintain
the
account
in
the
fund
until
the
pupil
9
reaches
an
age
specified
in
the
bill.
Until
the
pupil
reaches
10
the
age
limitation,
moneys
in
the
pupil’s
account
may
be
used
11
by
the
pupil
for
qualified
education
expenses,
as
defined
in
12
Code
section
12D.1.
Moneys
in
a
pupil’s
account
when
the
pupil
13
reaches
the
age
limitation
are
transferred
by
the
department
of
14
management
for
deposit
in
the
general
fund
of
the
state.
15
The
bill
provides
that
a
person
who
makes
a
false
claim
for
16
the
purpose
of
obtaining
an
education
savings
grant
or
who
17
knowingly
receives
the
grant
or
makes
a
payment
from
an
account
18
in
the
education
savings
grant
fund
without
being
legally
19
entitled
to
do
so
is
guilty
of
a
fraudulent
practice
and
is
20
subject
to
a
criminal
penalty.
The
bill
directs
the
department
21
of
management
to
recover
grants
and
amounts
improperly
awarded
22
or
paid
and
requires
the
closure
of
the
pupil’s
account
and
23
transfer
of
all
remaining
moneys
to
the
general
fund
of
the
24
state.
The
bill
also
establishes
requirements
and
procedures
25
for
parents
or
guardians
and
for
the
department
of
management
26
when
a
pupil
receiving
an
education
savings
grant
withdraws
27
or
is
expelled
from
the
nonpublic
school
prior
to
the
end
of
28
the
required
attendance
period
of
the
school
year,
including
29
requirements
for
disposition
of
the
pupil’s
account
within
the
30
education
savings
grant
fund
and
recovery
of
grant
funds.
31
The
bill
provides
that
an
education
savings
grant
received
32
by
a
taxpayer
is
not
taxable
income
for
purposes
of
state
33
individual
income
taxation.
This
provision
of
the
bill
applies
34
to
tax
years
beginning
on
or
after
January
1,
2022.
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The
section
of
the
bill
enacting
the
education
savings
1
grant
program
applies
to
school
budget
years
and
fiscal
years
2
beginning
on
or
after
July
1,
2022.
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