SF 2340 (LSB 6132XS (4) 89)

SENATE FILE 2340

BY  CELSI

A BILL FOR

An Act relating to education, including responsibilities of the board of educational examiners with respect to background checks, endorsements, and authorizations, requiring the boards of directors of school districts to make payments to certain specified student teachers and full-time employees, requiring the boards of directors of school districts to hire a certain specified amount of substitute teachers, making appropriations, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  256.20  Student teacher compensation —— appropriation.
   1.  For the fiscal year beginning July 1, 2022, and for each succeeding fiscal year, there is appropriated from the general fund of the state to the department to distribute to school districts an amount necessary to reimburse the cost associated with payments to student teachers pursuant to section 279.76.
   2.  Moneys received by a school district under this section shall be miscellaneous income for purposes of chapter 257 and shall not be included in district cost.
   3.  The department shall adopt rules pursuant to chapter 17A to administer this section, including rules related to applications for reimbursement submitted by school districts and disbursements to school districts. The rules shall require the board of directors of a school district to submit the notification required by section 279.76, subsection 2, to the department to obtain moneys for reimbursement pursuant to this section.
    Sec. 2.  NEW SECTION.  256.21  Permanent substitute teachers —— appropriation.
   1.  For the fiscal year beginning July 1, 2022, and for each succeeding fiscal year, there is appropriated from the general fund of the state to the department to distribute to school districts an amount necessary to reimburse the cost associated with substitute teachers hired pursuant to section 279.77.
   2.  Moneys received by a school district under this section shall be miscellaneous income for purposes of chapter 257 and shall not be included in district cost.
   3.  The department shall adopt rules pursuant to chapter 17A to administer this section, including rules related to applications for reimbursement submitted by school districts and disbursements to school districts. The rules shall require the board of directors of a school district to submit the notification required by section 279.77, subsection 4, to the department to obtain moneys for reimbursement pursuant to this section.
    Sec. 3.  Section 272.2, subsection 17, Code 2022, is amended to read as follows:
   17.  Adopt rules to require that a background investigation be conducted by the division of criminal investigation of the department of public safety on all initial applicants for licensure and all applicants for an endorsement or authorization. The board shall also require all initial applicants and all applicants for an endorsement or authorization to submit a completed fingerprint packet and shall use the packet to facilitate a national criminal history background check. The board shall have access to, and shall review the sex offender registry information under section 692A.121 available to the general public, information in the Iowa court information system available to the general public, the central registry for child abuse information established under chapter 235A, and the dependent adult abuse records maintained under chapter 235B for information regarding applicants for license renewal.
    Sec. 4.  Section 272.2, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  27.  Adopt rules pursuant to chapter 17A to allow individuals to complete the requirements associated with obtaining an additional endorsement within five years after applying for the additional endorsement as provided in section 272.7, subsection 4.
    Sec. 5.  Section 272.7, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  Notwithstanding subsection 1, a person employed as a practitioner is not required to hold an endorsement or authorization for the type of service for which the person is employed for up to five years if all of the following apply:
   (1)  The person has been employed as a practitioner for at least three years.
   (2)  The person is in the process of completing the requirements associated with obtaining the endorsement or authorization.
   b.  This subsection shall not apply to services related to mental health counseling, driving instruction, or any other services the superintendent of a school district determines requires specific training to prove proficiency.
    Sec. 6.  NEW SECTION.  279.76  Student teacher compensation.
   1.  The board of directors of a school district shall compensate all students who are fulfilling the requirements associated with the student teaching experience established pursuant to section 256.16, subsection 1, paragraph “d”, at the school district an amount equal to two thousand five hundred dollars per month for the duration of the student teaching experience.
   2.  On or before June 30, annually, the board of directors of a school district shall provide notice to the department of education indicating the number of students compensated pursuant to this section during the school year and the total amount paid to those students.
    Sec. 7.  NEW SECTION.  279.77  Permanent substitute teachers.
   1.  The board of directors of a school district shall employ one full-time substitute teacher for every five hundred students enrolled in the school district during the preceding school year pursuant to a contract for the duration of the ensuing school year.
   2.  All of the following shall apply to a substitute teacher hired pursuant to this section:
   a.  The substitute teacher shall hold a valid substitute teacher license or substitute teacher authorization issued by the board of educational examiners.
   b.  The substitute teacher may be suspended and discharged pursuant to section 279.27 in the same manner as a teacher.
   c.  The substitute teacher shall be eligible for all benefits available to full-time teachers employed by the board of directors of the school district, including health insurance and life insurance.
   3.  The board of directors of a school district may assign additional administrative and other responsibilities to a substitute teacher hired pursuant to this section when that substitute teacher is not needed to substitute for a regularly assigned teacher who is absent.
   4.  On or before June 30, annually, the board of directors of a school district shall provide notice to the department of education indicating the number of substitute teachers employed pursuant to this section during the school year and the total amount paid to those substitute teachers.
    Sec. 8.  NEW SECTION.  279.78  School districts —— retention payments —— appropriation.
   1.  a.  The board of directors of each school district shall pay three thousand dollars to each full-time employee of the school district who has been employed by the board of directors of the school district beginning on or before August 23, 2020, through June 30, 2022, and who has entered into an employment contract with the board of directors of the school district for the ensuing school year, including substitute teachers employed by the board of directors of the school district who worked at least forty hours per week during each school year during that time.
   b.  This subsection does not apply to a full-time employee who is an administrator, principal, school administration manager, or superintendent, as those terms are defined in section 272.1.
   c.  On or before June 30, 2022, the board of directors of each school district shall provide notice to the department of education indicating the number of employees who are qualified to receive a payment pursuant to this section and the total amount the board of directors of the school district will pay to those employees.
   2.  For the fiscal year beginning July 1, 2021, there is appropriated from the general fund of the state to the department of education to distribute to school districts an amount necessary to reimburse the cost associated with payments to full-time employees required by this section.
   3.  Moneys received by a school district under this section shall be miscellaneous income for purposes of chapter 257 and shall not be included in district cost.
    Sec. 9.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to education, including responsibilities of the board of educational examiners (BOEE) with respect to background checks, endorsements, and authorizations, requiring the boards of directors of school districts to make payments to certain specified student teachers and full-time employees, and requiring the boards of directors of school districts to hire a certain specified amount of substitute teachers.
   The bill requires that the BOEE adopt rules to require that a background investigation be conducted by the division of criminal investigation of the department of public safety on all applicants for an additional endorsement or authorization. The bill also requires the BOEE to adopt rules that require all applicants for an additional endorsement to submit a completed fingerprint packet to facilitate a national criminal history background check.
   The bill requires the BOEE to adopt rules to allow individuals to complete the requirements associated with obtaining an additional endorsement within five years after applying for the endorsement. The bill provides that a person employed as a practitioner is not required to hold an endorsement or an authorization for the type of service for which the person is employed if the person has been employed as a practitioner for at least three years and the person is in the process of completing the requirements associated with obtaining the endorsement or authorization. Additionally, the bill provides that this provision does not apply to services related to mental health counseling, driving instruction, or any other services the BOEE or the superintendent of a school district determines requires specific training to prove proficiency.
   The bill requires the board of directors of a school district to compensate all students who are fulfilling the requirements associated with the student teaching experience at the school district an amount equal to $2,500 per month for the duration of the student teaching experience. The bill requires the department of education (DOE) to adopt rules to administer these provisions. For the fiscal year beginning July 1, 2022, and for each succeeding fiscal year, the bill appropriates from the general fund of the state to the DOE to distribute to school districts an amount necessary to reimburse the cost associated with these payments. The bill requires the board of directors of a school district to submit a notification containing certain specified information to the DOE to obtain moneys for reimbursement. The bill provides that moneys received by a school district under this provision shall be miscellaneous income for purposes of Code chapter 257 (financing school programs) and shall not be included in district cost.
   The bill establishes new Code section 279.77, which requires the board of directors of a school district to employ 1 full-time substitute teacher for every 500 students enrolled in the school district during the preceding school year pursuant to a contract for the duration of the ensuing school year. The bill establishes that the substitute teacher shall hold a valid substitute teacher license or substitute teacher authorization issued by the BOEE, may be suspended and discharged pursuant to Code section 279.27 (discharge of a teacher) in the same manner as a teacher, and shall be eligible for all benefits available to full-time teachers employed by the school district. The bill authorizes the board of directors of a school district to assign additional administrative and other responsibilities to a substitute teacher hired pursuant to new Code section 279.77 when the substitute teacher is not needed to substitute for a regularly assigned teacher who is absent. The bill requires the DOE to adopt rules to administer new Code section 279.77. For the fiscal year beginning July 1, 2022, and for each succeeding fiscal year, the bill appropriates from the general fund of the state to the DOE to distribute to school districts an amount necessary to reimburse the cost associated with these substitute teachers. The bill requires the board of directors of a school district to submit a notification containing certain specified information to the DOE to obtain moneys for reimbursement. The bill provides that moneys received by a school district under new Code section 279.77 shall be miscellaneous income for purposes of Code chapter 257 (financing school programs) and shall not be included in district cost.
   The bill requires the board of directors of each school district to pay $3,000 to each full-time employee of the school district who has been employed by the board of directors of the school district beginning on or before August 23, 2020, through June 30, 2022, and who has entered into an employment contract with the board of directors of the school district for the ensuing school year, including certain specified substitute teachers. The bill provides that this provision does not apply to administrators, principals, school administration managers, or superintendents. For the fiscal year beginning July 1, 2021, the bill appropriates from the general fund of the state to the DOE to distribute to school districts an amount necessary to reimburse the cost associated with these payments. The bill requires the board of directors of each school district to submit a notification to the DOE indicating the number of employees who are qualified to receive a payment pursuant to this provision and the total amount the board of directors of the school district will pay to those employees. The bill provides that moneys received by a school district under this provision shall be miscellaneous income for purposes of Code chapter 257 (financing school programs) and shall not be included in district cost.
   The bill takes effect upon enactment.