Senate
File
431
-
Introduced
SENATE
FILE
431
BY
ZAUN
A
BILL
FOR
An
Act
establishing
an
education
savings
grant
program
for
1
certain
pupils
attending
a
nonpublic
school
or
receiving
2
competent
private
instruction,
establishing
an
education
3
savings
grant
fund,
providing
an
income
tax
exemption,
4
making
appropriations,
providing
penalties,
and
including
5
applicability
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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431
Section
1.
Section
256.9,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
63.
Adopt
rules
relating
to
the
3
administration
of
and
applications
for
the
education
savings
4
grant
program
pursuant
to
section
257.11B,
including
but
not
5
limited
to
application
processing
timelines,
information
6
required
to
be
submitted
by
a
parent
or
guardian,
and
payment
7
and
recovery
of
education
savings
grant
amounts.
As
part
of
8
administration
of
the
education
savings
grant
program,
the
9
department
shall
maintain
updated
lists
of
education
service
10
providers
that
provide
services
that
are
qualified
educational
11
expenses
under
section
257.11B,
subsection
6,
and
provide
12
parents
and
guardians
with
written
explanations
of
allowable
13
uses
of
education
savings
grant
funds.
Any
rules
adopted
by
14
the
department
should
avoid
excessive
bureaucracy
and
overly
15
prescriptive
mandates
and
instead
focus
on
easing
parental
16
involvement
and
encouraging
educational
service
providers
to
17
provide
parents
and
pupils
with
a
broad
array
of
educational
18
options.
19
Sec.
2.
NEW
SECTION
.
257.11B
Education
savings
grant
20
program.
21
1.
a.
For
the
school
budget
year
beginning
July
1,
2022,
22
and
each
succeeding
school
budget
year,
resident
pupils
23
eligible
to
enroll
in
kindergarten
through
grade
twelve
and
who
24
are
either
attending
a
nonpublic
school,
as
defined
in
section
25
285.16,
or
are
receiving
competent
private
instruction
under
26
chapter
299A,
and
who
are
not
otherwise
ineligible
under
this
27
section,
shall
be
eligible
to
receive
an
education
savings
28
grant
in
the
manner
provided
in
this
section.
29
b.
Education
savings
grants
shall
be
made
available
to
30
parents
and
guardians
in
the
manner
authorized
under
subsection
31
4,
paragraph
“c”
,
for
the
payment
of
qualified
educational
32
expenses
as
provided
in
this
section.
33
c.
For
purposes
of
this
section,
“resident”
means
the
same
34
as
defined
in
section
282.1,
subsection
2.
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2.
a.
(1)
By
January
31
preceding
the
school
year
for
1
which
the
education
savings
grant
is
requested,
the
parent
2
or
guardian
of
the
pupil
requesting
to
receive
an
education
3
savings
grant
shall
submit
an
application
to
the
department
of
4
education,
on
application
forms
developed
by
the
department
5
of
education,
indicating
that
the
parent
or
guardian
intends
6
to
enroll
the
pupil
in
a
nonpublic
school
or
place
the
pupil
7
under
competent
private
instruction
under
chapter
299A
for
the
8
entirety
of
the
school
year.
9
(2)
In
addition
to
such
information
deemed
appropriate
by
10
the
department
of
education,
the
application
shall
require
11
certification
from
the
nonpublic
school
of
the
pupil’s
12
enrollment
or
a
statement
from
the
intended
provider
of
13
competent
private
instruction
for
the
pupil
for
the
following
14
school
year.
15
(3)
The
department
shall
ensure
accessibility
to
16
application
materials,
including
by
providing
for
an
electronic
17
method
of
applying
for
the
education
savings
grant.
18
(4)
The
department
of
education
shall
approve
each
19
application
received
under
this
section
that
satisfies
the
20
requirements
to
receive
an
education
savings
grant
for
the
21
school
year.
22
(5)
The
department
of
education
shall
notify
the
parent
or
23
guardian
of
a
pupil
with
a
disability
that
participation
in
the
24
education
savings
grant
program
is
a
parental
placement
under
25
20
U.S.C.
§1412,
and
provide
an
explanation
of
the
rights
that
26
parentally
placed
students
possess
under
federal
law
and
any
27
applicable
state
laws
and
regulations.
28
b.
By
March
1
preceding
the
school
year
for
which
the
29
education
savings
grant
is
requested,
the
department
of
30
education
shall
determine
the
number
of
pupils
in
each
school
31
district
approved
to
receive
a
grant
for
the
following
school
32
year
and
shall
notify
the
parent
or
guardian
of
each
pupil
33
approved
for
the
following
school
year
to
receive
an
education
34
savings
grant
and
the
amount
of
the
education
savings
grant
for
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the
pupil.
1
c.
Education
savings
grants
shall
only
be
approved
for
one
2
school
year
and
applications
must
be
submitted
annually
for
3
education
savings
grants
in
subsequent
school
years.
4
3.
The
department
of
education
shall
assign
each
pupil
an
5
education
savings
grant
in
an
amount
equal
to
the
sum
of
all
of
6
the
following
for
the
same
school
budget
year:
7
a.
The
product
of
the
pupil’s
weighted
enrollment
that
8
would
otherwise
be
assigned
to
the
pupil
under
this
chapter
if
9
the
pupil
was
enrolled
in
the
pupil’s
district
of
residence
10
multiplied
by
the
regular
program
state
cost
per
pupil.
11
b.
The
total
teacher
salary
supplement
district
cost
per
12
pupil
for
the
pupil’s
district
of
residence.
13
c.
The
total
professional
development
supplement
district
14
cost
per
pupil
for
the
pupil’s
district
of
residence.
15
d.
The
total
early
intervention
supplement
district
cost
per
16
pupil
for
the
pupil’s
district
of
residence.
17
e.
The
total
area
education
agency
teacher
salary
supplement
18
district
cost
per
pupil
for
the
pupil’s
district
of
residence.
19
f.
The
total
area
education
agency
professional
development
20
supplement
district
cost
per
pupil
for
the
pupil’s
district
of
21
residence.
22
g.
The
total
teacher
leadership
supplement
district
cost
per
23
pupil
for
the
pupil’s
district
of
residence.
24
h.
The
total
area
education
agency
media
services
state
cost
25
per
pupil.
26
i.
The
total
area
education
agency
educational
services
27
state
cost
per
pupil.
28
j.
The
total
special
education
support
services
district
29
cost
per
pupil
for
the
pupil’s
district
of
residence.
30
4.
An
education
savings
grant
fund
is
created
in
the
state
31
treasury
under
the
control
of
the
department
of
education
32
consisting
of
moneys
appropriated
to
the
department
of
33
education
for
the
purpose
of
providing
education
savings
grants
34
under
this
section.
For
the
fiscal
year
commencing
July
1,
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2022,
and
each
succeeding
fiscal
year,
there
is
appropriated
1
from
the
general
fund
of
the
state
to
the
department
of
2
education
to
be
credited
to
the
fund
the
amount
necessary
to
3
pay
all
education
savings
grants
approved
for
that
fiscal
year,
4
including
amounts
necessary
to
administer
the
program.
The
5
department
of
education
may
withhold
from
amounts
deposited
6
in
the
education
savings
grant
fund
up
to
a
maximum
of
five
7
percent
of
the
funds
for
the
first
two
years
of
the
program
and
8
up
to
three
percent
of
the
funds
for
each
year
thereafter
to
9
cover
the
costs
of
administering
the
program.
The
director
of
10
the
department
of
education
has
all
powers
necessary
to
carry
11
out
and
effectuate
the
purposes,
objectives,
and
provisions
of
12
this
section
pertaining
to
the
fund,
including
the
power
to
do
13
all
of
the
following:
14
a.
Make
and
enter
into
contracts
necessary
for
the
15
administration
of
the
fund.
16
b.
Procure
insurance
against
any
loss
in
connection
with
the
17
assets
of
the
fund
or
require
a
surety
bond.
18
c.
Contract
with
a
private
financial
management
firm
to
19
manage
the
fund,
in
collaboration
with
the
treasurer
of
state,
20
including
providing
for
the
disbursement
of
education
savings
21
grants
in
the
form
of
an
electronic
debit
card
or
checks
that
22
are
payable
directly
from
the
pupil’s
account
within
the
fund.
23
The
payment
system
implemented
by
the
department
shall
be
24
commercially
viable,
cost-effective,
not
reliant
on
requiring
25
a
parent
or
guardian
to
be
reimbursed
for
out-of-pocket
26
expenses,
and
provide
for
a
method
of
preapproval
for
qualified
27
educational
expenses.
28
d.
Conduct
audits
or
other
reviews
necessary
to
properly
29
administer
the
program.
The
department
of
education
shall
30
minimally
conduct
random
audits
of
education
savings
grants
on
31
an
annual
basis.
32
e.
Establish
or
contract
for
the
establishment
of
an
online
33
and
telephone
fraud
reporting
service.
34
f.
Adopt
rules
for
the
administration
of
the
fund
and
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accounts
within
the
fund.
1
5.
a.
For
each
pupil
approved
for
an
education
savings
2
grant,
the
department
of
education
shall
establish
an
account
3
for
that
pupil
in
the
education
savings
grant
fund.
The
amount
4
of
the
pupil’s
education
savings
grant
shall
be
deposited
5
into
the
pupil’s
account
on
July
1,
and
such
amount
shall
be
6
immediately
available
for
the
payment
of
qualified
educational
7
expenses
incurred
by
the
parent
or
guardian
for
the
pupil
8
during
that
fiscal
year
using
the
payment
method
authorized
9
under
subsection
4,
paragraph
“c”
.
10
b.
A
nonpublic
school
or
provider
of
competent
private
11
instruction
that
accepts
payment
from
a
parent
or
guardian
12
using
funds
from
a
pupil’s
account
in
the
education
savings
13
grant
fund
shall
not
refund,
rebate,
or
share
any
portion
of
14
such
payment
with
the
parent,
guardian,
or
pupil.
15
c.
Moneys
remaining
in
a
pupil’s
account
upon
conclusion
16
of
the
fiscal
year
shall
remain
in
the
pupil’s
account
in
the
17
education
savings
grant
fund
for
the
payment
of
qualified
18
educational
expenses
in
future
fiscal
years
during
which
the
19
pupil
participates
in
the
program
or
for
the
payment
of
higher
20
education
costs
as
provided
under
subsection
8.
21
d.
A
parent
or
guardian
is
authorized
to
make
payments
for
22
the
costs
of
educational
expenses
not
covered
by
the
funds
23
in
the
pupil’s
account,
but
shall
not
be
permitted
to
make
24
deposits
into
a
pupil’s
account
in
the
education
savings
grant
25
fund.
26
6.
a.
The
parent
or
guardian
of
each
pupil
participating
in
27
the
program
shall
agree
in
writing
to
use
the
funds
deposited
28
in
the
pupil’s
account
in
the
education
savings
grant
fund
for
29
only
qualified
educational
expenses.
The
written
agreement
30
between
the
parent
or
guardian
and
the
department
of
education
31
shall
include
provisions
promising
that
the
parent
or
guardian
32
will
provide
an
education
for
the
pupil
in
at
least
the
33
subjects
of
reading,
language,
mathematics,
science,
and
social
34
studies
during
the
school
year;
will
not
enroll
the
pupil
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as
a
full-time
student
in
a
public
school
during
the
school
1
year;
and
will
comply
with
the
rules
and
requirements
of
the
2
education
savings
grant
program.
3
b.
For
purposes
of
this
section,
“qualified
educational
4
expenses”
includes
tuition
and
fees
at
a
nonpublic
school;
5
textbooks;
school
uniforms;
fees
or
payments
for
educational
6
therapies
including
tutoring
or
cognitive
skills
training;
7
curriculum
fees
and
materials
for
a
course
of
study
for
8
a
specific
subject
matter
or
grade
level;
tuition
or
fees
9
for
nonpublic
online
education
programs;
tuition
and
fees
10
for
summer
education
programs
and
specialized
after-school
11
education
programs,
but
excluding
after-school
child
care;
12
tuition
for
vocational
and
life
skills
education,
including
13
occupational,
behavioral,
physical,
speech-language,
and
14
audiology
therapies;
educational
services,
classes,
and
15
extracurricular
activities
contracted
for
and
provided
by
16
a
public
school
or
a
charter
school;
education
materials
17
and
services
for
pupils
with
disabilities,
including
the
18
cost
of
paraprofessionals
and
assistants
who
are
trained
in
19
accordance
with
state
law;
computer
hardware
or
technology
20
devices
that
are
primarily
used
for
educational
needs
of
the
21
pupil;
educational
software
and
applications;
standardized
test
22
fees;
advanced
placement
examinations
or
examinations
related
23
to
postsecondary
education
admission
or
credentialing;
fees
24
for
transportation
paid
to
a
fee-for-service
transportation
25
provider
for
the
pupil
to
travel
to
and
from
an
education
26
service
provider;
qualified
education
expenses,
as
defined
in
27
section
12D.1,
excluding
room
and
board
expenses;
and
other
28
expenses
incurred
by
the
parent
or
guardian
that
are
directly
29
related
to
the
education
of
the
pupil
under
competent
private
30
instruction
or
at
a
nonpublic
school,
including
a
nonpublic
31
school
accredited
by
an
independent
accrediting
agency
approved
32
by
the
department
of
education.
33
c.
(1)
The
department
of
education
shall
establish
a
34
parent
review
committee
to
assist
the
department
in
examining
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whether
certain
types
of
educational
services
and
goods
meet
1
the
definition
of
qualified
educational
expenses
and
to
provide
2
recommendations
to
the
department
about
how
to
implement,
3
administer,
and
improve
the
education
savings
grant
program.
4
(2)
The
parent
review
committee
shall
consist
of
seven
5
members
appointed
by
the
director
of
the
department
of
6
education.
7
(3)
Each
member
shall
be
a
parent
or
guardian
of
a
pupil
8
participating
in
the
program.
9
(4)
The
seven
members
of
the
committee
shall
represent
no
10
fewer
than
four
counties
in
the
state.
11
(5)
The
seven
members
serve
at
the
pleasure
of
the
director
12
of
the
department
of
education
for
terms
of
one
calendar
year
13
and
may
be
reappointed.
14
(6)
The
director
of
the
department
of
education,
or
the
15
director’s
designee,
shall
serve
as
the
nonvoting
chairperson
16
of
the
committee.
17
7.
a.
A
person
who
makes
a
false
claim
for
the
purpose
18
of
obtaining
an
education
savings
grant
provided
for
in
this
19
section
or
who
knowingly
receives
the
grant
or
makes
a
payment
20
from
an
account
within
the
education
savings
grant
fund
without
21
being
legally
entitled
to
do
so
is
guilty
of
a
fraudulent
22
practice
under
chapter
714.
The
false
claim
for
an
education
23
savings
grant
or
a
payment
from
an
account
shall
be
disallowed.
24
The
department
of
education
shall
also
close
the
pupil’s
25
account
in
the
education
savings
grant
fund
and
transfer
any
26
remaining
moneys
in
the
account
for
deposit
in
the
general
fund
27
of
the
state.
If
the
improperly
obtained
amounts
from
the
28
grant
have
been
disbursed
from
the
applicable
account
in
the
29
education
savings
grant
fund,
the
department
of
education
shall
30
recover
such
amounts
from
the
parent
or
guardian,
or
from
the
31
pupil
for
purposes
of
subsection
8,
including
by
initiating
32
legal
proceedings
to
recover
such
amounts,
if
necessary.
A
33
parent
or
guardian,
or
a
pupil
for
purposes
of
subsection
34
8,
who
commits
a
fraudulent
practice
under
this
section
is
35
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prohibited
from
participating
in
the
education
savings
grant
1
program
in
the
future.
The
department
of
education
may
refer
2
cases
of
substantial
fraudulent
practice
or
other
abuse
of
3
the
program
to
the
attorney
general.
The
department
may
4
also
prohibit
the
goods
or
services
of
an
education
provider
5
or
vendor
from
being
a
qualified
educational
expense
upon
6
a
finding
that
the
provider
or
vendor
intentionally
or
7
substantially
misrepresented
the
goods
or
services
or
routinely
8
failed
to
provide
pupils
with
promised
educational
goods
or
9
services.
10
b.
(1)
For
pupils
enrolled
in
a
nonpublic
school,
if,
prior
11
to
the
end
of
the
required
attendance
period
of
the
school
12
year,
a
pupil
who
receives
an
education
savings
grant
withdraws
13
from
enrollment
in
the
nonpublic
school
or
is
expelled,
the
14
nonpublic
school
shall
notify
the
department
of
education
in
15
writing
of
the
pupil’s
withdrawal
or
expulsion,
and
the
pupil’s
16
parent
or
guardian
shall
notify
the
department
of
education
of
17
the
pupil’s
withdrawal
or
expulsion
from
the
nonpublic
school.
18
A
pupil’s
expulsion
from
the
nonpublic
school
prior
to
the
end
19
of
the
required
attendance
period
for
the
school
year
shall
20
invalidate
the
pupil’s
eligibility
for
the
education
savings
21
grant
for
the
school
budget
year.
A
pupil’s
withdrawal
from
a
22
nonpublic
school
prior
to
the
end
of
the
required
attendance
23
period
of
the
school
year
shall
invalidate
the
pupil’s
24
eligibility
for
the
education
savings
grant
for
the
school
25
budget
year
unless
the
withdrawal
is
the
result
of
a
change
26
in
residence
of
the
pupil
and
the
pupil,
following
written
27
notice
by
the
parent
or
guardian
and
certification
by
the
new
28
nonpublic
school
to
the
department
of
education,
enrolls
in
a
29
different
nonpublic
school
in
this
state
for
the
remainder
of
30
the
school
year.
31
(2)
Upon
receipt
of
a
notice
of
expulsion
under
subparagraph
32
(1),
the
department
of
education
shall
close
the
pupil’s
33
account
in
the
education
savings
grant
fund
and
transfer
any
34
remaining
moneys
in
the
account
for
deposit
in
the
general
35
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fund
of
the
state.
In
addition,
if
amounts
from
the
grant
1
for
the
school
budget
year
during
which
the
pupil
is
expelled
2
have
been
disbursed
from
the
expelled
pupil’s
account
in
the
3
education
savings
grant
fund,
the
department
of
education
shall
4
recover
such
amounts
from
the
parent
or
guardian,
including
5
by
initiating
legal
proceedings
to
recover
such
amounts,
if
6
necessary.
7
(3)
Upon
receipt
of
a
notice
of
withdrawal
under
8
subparagraph
(1)
and
a
determination
that
the
pupil’s
9
withdrawal
was
not
the
result
of
a
change
in
residence,
the
10
department
of
education
shall
cease
disbursements
of
remaining
11
moneys
in
the
pupil’s
account
in
the
education
savings
grant
12
fund
and
maintain
the
pupil’s
account
if
and
until
such
time
13
that
the
pupil
uses
the
funds
for
qualified
education
expenses
14
under
subsection
8.
In
addition,
if
amounts
from
the
grant
15
for
the
school
budget
year
during
which
the
withdrawal
occurs
16
have
been
disbursed
from
the
pupil’s
account
in
the
education
17
savings
grant
fund,
the
department
of
education
shall
recover
18
such
amounts
from
the
parent
or
guardian
to
the
extent
the
19
amount
disbursed
exceeds
the
amount
of
the
grant
proportionate
20
to
the
remaining
portion
of
the
school
year
following
the
21
withdrawal,
including
by
initiating
legal
proceedings
to
22
recover
such
amounts,
if
necessary.
23
(4)
Upon
receipt
of
a
notice
of
withdrawal
under
24
subparagraph
(1)
and
a
determination
that
the
withdrawal
was
25
the
result
of
a
change
in
residence
but
that
the
pupil
did
not
26
enroll
in
a
different
nonpublic
school
in
this
state
for
the
27
remainder
of
the
school
year,
the
department
of
education
shall
28
cease
disbursements
of
remaining
moneys
in
the
pupil’s
account
29
in
the
education
savings
grant
fund
and
maintain
the
pupil’s
30
account
if
and
until
such
time
that
the
pupil
uses
the
funds
31
for
qualified
education
expenses
under
subsection
8.
32
(5)
If
a
pupil’s
eligibility
is
invalidated
under
the
33
provisions
of
subparagraph
(1),
the
pupil
shall
be
ineligible
34
for
an
education
savings
grant
for
the
following
school
budget
35
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year.
1
c.
(1)
For
pupils
receiving
competent
private
instruction,
2
if,
prior
to
the
end
of
the
school
year,
a
pupil
who
receives
3
an
education
savings
grant
withdraws
from
receiving
competent
4
private
instruction,
the
pupil’s
parent
or
guardian
shall
5
notify
the
department
of
education
of
the
pupil’s
withdrawal.
6
A
pupil’s
withdrawal
from
competent
private
instruction
prior
7
to
the
end
of
the
school
year
shall
invalidate
the
pupil’s
8
eligibility
for
the
education
savings
grant
for
the
school
9
budget
year
unless
the
pupil
enrolls
in
a
nonpublic
school
in
10
this
state
for
the
remainder
of
the
school
year.
11
(2)
Upon
receipt
of
a
notice
of
withdrawal
under
12
subparagraph
(1)
and
a
determination
that
the
pupil’s
13
withdrawal
was
not
followed
by
enrollment
in
a
nonpublic
14
school,
the
department
of
education
shall
cease
disbursements
15
of
remaining
moneys
in
the
pupil’s
account
in
the
education
16
savings
grant
fund
and
maintain
the
pupil’s
account
if
and
17
until
such
time
that
the
pupil
uses
the
funds
for
qualified
18
education
expenses
under
subsection
8.
In
addition,
if
19
amounts
from
the
grant
for
the
school
budget
year
during
which
20
the
withdrawal
occurs
have
been
disbursed
from
the
pupil’s
21
account
in
the
education
savings
grant
fund,
the
department
22
of
education
shall
recover
such
amounts
from
the
parent
or
23
guardian
to
the
extent
the
amount
disbursed
exceeds
the
amount
24
of
the
grant
proportionate
to
the
remaining
portion
of
the
25
school
year
following
the
withdrawal,
including
by
initiating
26
legal
proceedings
to
recover
such
amounts,
if
necessary.
27
8.
For
each
pupil
with
a
positive
balance
in
the
pupil’s
28
account
in
the
education
savings
grant
fund
upon
graduation
29
from
high
school
or
completion
of
an
equivalent
level
of
30
competent
private
instruction
under
chapter
299A,
the
31
department
of
education
shall
maintain
the
account
in
the
32
fund
until
the
pupil
is
twenty-six
years
of
age.
Following
33
graduation
from
high
school
or
completion
of
an
equivalent
34
level
of
competent
private
instruction
until
the
pupil
is
35
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twenty-six
years
of
age,
moneys
in
the
pupil’s
account
may
be
1
used
for
qualified
education
expenses,
as
defined
in
section
2
12D.1,
incurred
by
the
pupil
while
attending
an
institution
of
3
higher
education.
Payments
from
a
pupil’s
account
for
higher
4
education
costs
shall
be
made
in
the
same
manner
as
payments
5
for
qualified
educational
expenses
under
subsection
5.
Moneys
6
in
a
pupil’s
account
when
the
pupil
turns
twenty-six
years
of
7
age
shall
be
transferred
by
the
department
of
education
for
8
deposit
in
the
general
fund
of
the
state.
9
9.
a.
A
parent
may
appeal
to
the
state
board
of
education
10
any
administrative
decision
the
department
of
education
11
makes
pursuant
to
this
section,
including
but
not
limited
12
to
determinations
of
eligibility,
allowable
expenses,
and
13
removal
from
the
program.
The
department
shall
notify
the
14
parent
or
guardian
in
writing
of
the
appeal
process
at
the
same
15
time
the
department
notifies
the
parent
or
guardian
of
the
16
administrative
decision.
The
state
board
of
education
shall
17
establish
the
appeals
process
consistent
with
chapter
17A
and
18
shall
post
such
appeal
process
information
on
the
state
board
19
of
education’s
internet
site.
20
b.
The
state
board
of
education
may
refer
cases
of
21
substantial
misuse
of
education
savings
grant
funds
to
the
22
attorney
general
for
the
purpose
of
collection
or
for
the
23
purpose
of
a
criminal
investigation
if
the
state
board
of
24
education
obtains
evidence
of
fraudulent
use
of
an
account.
25
10.
a.
This
section
shall
not
be
construed
to
require
that
26
a
pupil
participating
in
the
program
be
enrolled
in
either
a
27
private
school
or
nonpublic
online
school.
28
b.
This
section
shall
not
be
construed
to
authorize
the
29
state
or
any
political
subdivision
of
the
state
to
exercise
30
authority
over
any
nonpublic
school
or
provider
of
competent
31
private
instruction
or
construed
to
require
a
nonpublic
school
32
to
modify
its
academic
standards
for
admission
or
educational
33
program
in
order
to
receive
payment
from
a
parent
or
guardian
34
using
funds
from
a
pupil’s
account
in
the
education
savings
35
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grant
fund.
A
nonpublic
school
or
provider
of
competent
1
private
instruction
that
accepts
payment
from
a
parent
or
2
guardian
using
funds
from
a
pupil’s
account
in
the
education
3
savings
grant
fund
is
not
an
agent
of
this
state
or
of
a
4
political
subdivision
of
this
state.
Rules
adopted
by
the
5
department
of
education
to
implement
this
section
that
impose
6
an
undue
burden
on
a
nonpublic
school
or
provider
of
competent
7
private
instruction
are
invalid.
8
Sec.
3.
Section
422.7,
Code
2021,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
51.
Subtract,
to
the
extent
included,
the
11
amount
of
an
education
savings
grant
under
section
257.11B
12
received
by
the
taxpayer
for
payment
of
qualified
educational
13
expenses.
14
Sec.
4.
APPLICABILITY.
The
following
applies
to
school
15
budget
years
and
fiscal
years
beginning
on
or
after
July
1,
16
2022:
17
The
section
of
this
Act
enacting
section
257.11B.
18
Sec.
5.
APPLICABILITY.
The
following
applies
to
tax
years
19
beginning
on
or
after
January
1,
2022:
20
The
section
of
this
Act
enacting
section
422.7,
subsection
21
51.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
establishes
an
education
savings
grant
program
26
for
certain
pupils
attending
a
nonpublic
school
or
receiving
27
competent
private
instruction.
28
For
the
school
budget
year
beginning
July
1,
2022,
and
each
29
succeeding
school
budget
year,
resident
pupils
eligible
to
30
enroll
in
kindergarten
through
grade
12
and
who
are
either
31
attending
a
nonpublic
school
or
are
receiving
competent
private
32
instruction
under
Code
chapter
299A,
and
who
are
not
otherwise
33
ineligible
under
the
bill,
are
eligible
to
receive
an
education
34
savings
grant.
35
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By
January
31
preceding
the
school
year
for
which
the
1
education
savings
grant
is
requested,
the
parent
or
guardian
of
2
the
pupil
requesting
to
receive
an
education
savings
grant
must
3
submit
an
application
to
the
department
of
education
indicating
4
that
the
parent
or
guardian
intends
to
enroll
the
pupil
in
a
5
nonpublic
school
or
provide
competent
private
instruction
for
6
the
school
year.
7
The
bill
requires
that
by
March
1
preceding
the
school
8
year
for
which
the
education
savings
grant
is
requested,
the
9
department
of
education
must
notify
the
parent
or
guardian
of
10
each
pupil
approved
for
the
following
school
year
to
receive
an
11
education
savings
grant
and
the
amount
of
the
education
savings
12
grant
for
the
pupil,
as
specified
in
the
bill.
Education
13
savings
grants
must
be
approved
for
each
school
year
and
14
applications
must
be
submitted
each
year.
15
The
bill
creates
an
education
savings
grant
fund
in
16
the
state
treasury
under
the
control
of
the
department
of
17
education
consisting
of
moneys
appropriated
to
the
department
18
of
education
for
the
purpose
of
providing
education
savings
19
grants
and
for
administration
of
the
program
as
specified
in
20
the
bill.
For
the
fiscal
year
commencing
July
1,
2022,
and
21
each
succeeding
fiscal
year,
the
bill
appropriates
from
the
22
general
fund
of
the
state
to
the
department
of
education
for
23
deposit
in
the
fund
the
amount
necessary
to
pay
all
education
24
savings
grants
approved
for
that
fiscal
year,
including
amounts
25
used
by
the
department
to
administer
the
program.
For
each
26
pupil
approved
for
an
education
savings
grant,
the
department
27
of
education
must
establish
an
account
for
that
pupil
in
the
28
education
savings
grant
fund.
The
amount
of
the
pupil’s
29
education
savings
grant
is
deposited
into
the
pupil’s
account
30
on
July
1
and
such
amount
is
available
for
use
by
parents
and
31
guardians
for
the
payment
of
qualified
educational
expenses,
as
32
defined
in
the
bill,
incurred
by
the
parent
or
guardian
for
the
33
pupil
during
that
fiscal
year.
34
The
bill
authorizes
the
department
of
education
to
35
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contract
with
a
private
financial
management
firm
to
manage
1
the
education
savings
grant
fund,
in
collaboration
with
the
2
treasurer
of
state,
including
providing
for
the
disbursement
3
of
education
savings
grants
in
the
form
of
an
electronic
debit
4
card
or
checks
that
are
payable
directly
from
the
pupil’s
5
account
within
the
fund.
6
The
parent
or
guardian
of
each
pupil
participating
in
the
7
program
must
agree
in
writing
to
use
the
funds
deposited
in
8
the
pupil’s
account
in
the
education
savings
grant
fund
for
9
only
qualified
educational
expenses.
The
written
agreement
10
between
the
parent
or
guardian
and
the
department
of
education
11
must
include
provisions
promising
that
the
parent
or
guardian
12
will
provide
an
education
for
the
pupil
in
at
least
the
13
subjects
of
reading,
language,
mathematics,
science,
and
social
14
studies
during
the
school
year;
will
not
enroll
the
pupil
15
as
a
full-time
student
in
a
public
school
during
the
school
16
year;
and
will
comply
with
the
rules
and
requirements
of
the
17
education
savings
grant
program.
18
The
bill
requires
the
department
of
education
to
establish
a
19
parent
review
committee
to
assist
the
department
in
examining
20
whether
certain
types
of
educational
services
and
goods
meet
21
the
definition
of
qualified
educational
expenses
and
to
provide
22
recommendations
to
the
department
about
how
to
implement,
23
administer,
and
improve
the
education
savings
grant
program.
24
The
bill
provides
that
moneys
remaining
in
a
pupil’s
account
25
upon
the
conclusion
of
the
fiscal
year
shall
remain
in
the
26
pupil’s
account
in
the
education
savings
grant
fund
for
the
27
payment
of
qualified
educational
expenses
in
future
fiscal
28
years
during
which
the
pupil
participates
in
the
program
or
for
29
higher
education
costs
as
authorized
in
the
bill.
30
Under
the
bill,
for
each
pupil
with
a
positive
balance
in
31
the
pupil’s
account
in
the
education
savings
grant
fund
upon
32
graduation
from
high
school
or
completion
of
an
equivalent
33
level
of
competent
private
instruction,
the
department
of
34
education
is
required
to
maintain
the
account
in
the
fund
until
35
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the
pupil
reaches
the
age
of
26.
Until
the
pupil
reaches
the
1
age
limitation,
moneys
in
the
pupil’s
account
may
be
used
by
2
the
pupil
for
qualified
education
expenses,
as
defined
in
Code
3
section
12D.1.
Moneys
in
a
pupil’s
account
when
the
pupil
4
reaches
the
age
limitation
are
transferred
by
the
department
of
5
education
for
deposit
in
the
general
fund
of
the
state.
6
The
bill
establishes
procedures
for
parent
or
guardian
7
appeals
to
the
state
board
of
education
and
provides
that
a
8
person
who
makes
a
false
claim
for
the
purpose
of
obtaining
an
9
education
savings
grant
or
who
knowingly
receives
the
grant
or
10
makes
a
payment
from
an
account
in
the
education
savings
grant
11
fund
without
being
legally
entitled
to
do
so
is
guilty
of
a
12
fraudulent
practice
and
is
subject
to
a
criminal
penalty.
The
13
bill
directs
the
department
of
education
to
recover
grants
and
14
amounts
improperly
awarded
or
paid
and
requires
the
closure
15
of
the
pupil’s
account
and
transfer
of
all
remaining
moneys
16
to
the
general
fund
of
the
state.
The
bill
also
establishes
17
requirements
and
procedures
for
parents
or
guardians
and
for
18
the
department
of
education
when
a
pupil
receiving
an
education
19
savings
grant
withdraws
or
is
expelled
from
the
nonpublic
20
school
or
withdraws
from
competent
private
instruction
prior
to
21
the
end
of
the
required
attendance
period
of
the
school
year,
22
including
requirements
for
disposition
of
the
pupil’s
account
23
within
the
education
savings
grant
fund
and
recovery
of
grant
24
funds.
25
The
bill
provides
that
an
education
savings
grant
received
26
by
a
taxpayer
is
not
taxable
income
for
purposes
of
state
27
individual
income
taxation.
This
provision
of
the
bill
applies
28
to
tax
years
beginning
on
or
after
January
1,
2022.
29
The
section
of
the
bill
enacting
the
education
savings
30
grant
program
applies
to
school
budget
years
and
fiscal
years
31
beginning
on
or
after
July
1,
2022.
32
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