HF 2226 (LSB 5657YH (2) 90)

HOUSE FILE 2226

BY  STONE

A BILL FOR

An Act relating to education savings account program eligibility and payments for children enrolled in an accredited nonpublic school’s program for four-year-old children and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256C.1, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  “Approved nonpublic program” means an accredited nonpublic school’s program for four-year-old children approved by the department of education to provide high-quality preschool instruction.
    Sec. 2.  NEW SECTION.  256C.6  Nonpublic programs.
   1.  The state board shall adopt rules pursuant to chapter 17A to define the requirements for an accredited nonpublic school preschool program to be approved for the purposes of qualifying for payments from an education savings account established pursuant to section 257.11B. Such rules shall not require an approved nonpublic program to do any of the following:
   a.  Retain the services of a teacher licensed by the board of educational examiners for the approved nonpublic program.
   b.  Partner or collaborate with a school district.
   c.  Partner or collaborate with community stakeholders.
   2.  A child that is eligible to participate in preschool programming provided by an approved local program shall also be eligible to participate in an approved nonpublic program.
    Sec. 3.  Section 257.11B, subsection 1, paragraph b, Code 2024, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (01)  “Approved nonpublic program” means the same as defined in section 256C.1.
    Sec. 4.  Section 257.11B, subsection 1, paragraph b, subparagraph (1), Code 2024, is amended to read as follows:
   (1)  “Qualified educational expenses” includes tuition any of the following: 
   (a)  Tuition and fees at a nonpublic school, textbooks, fees. 
   (b)  Textbooks.
   (c)  Fees or payments for educational therapies, including tutoring or cognitive skills training, curriculum fees.
   (d)  Curriculum fees, software, and materials for a course of study for a specific subject matter or grade level, tuition. 
   (e)  Tuition or fees for nonpublic online education programs, tuition. 
   (f)  Tuition for vocational and life skills education approved by the department of education, education. 
   (g)  Education materials and services for pupils with disabilities from an accredited provider, including the cost of paraprofessionals and assistants who are trained in accordance with state law, standardized. 
   (h)  Standardized test fees, and advanced. 
   (i)  Advanced placement examinations or examinations related to postsecondary education admission or credentialing.
   (j)  Tuition for an approved nonpublic program.
    Sec. 5.  Section 257.11B, subsection 2, paragraph a, subparagraph (2), Code 2024, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (e)  A resident pupil who is eligible to enroll in an approved nonpublic program.
    Sec. 6.  Section 257.11B, subsection 2, paragraph a, subparagraph (3), Code 2024, is amended to read as follows:
   (3)  For school budget years beginning on or after July 1, 2025, resident pupils eligible to enroll in kindergarten through grade twelve or an approved nonpublic program, and who attend a nonpublic school for the applicable school budget year shall be eligible to receive an education savings account payment.
    Sec. 7.  Section 257.11B, subsection 4, Code 2024, is amended to read as follows:
   4.  Each education savings account payment shall be equal to either of the following: 
   a.  For a student enrolled in kindergarten through grade twelve, the regular program state cost per pupil for the same school budget year.
   b.  For a pupil enrolled in an approved nonpublic program, the regular program state cost per pupil for the same school budget year multiplied by fifty percent.
    Sec. 8.  EMERGENCY RULES.  The state board of education may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this Act and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.
    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 savings account (ESA) program eligibility and payments for children enrolled in an accredited nonpublic school’s program for four-year-old children.
   The ESA program is a program established to assist pupils who attend nonpublic schools in paying for qualified educational expenses including but not limited to tuition, tutoring or cognitive skill training fees, educational therapy costs, software expenses, and expenses related to course materials. Under current law, students enrolled in a preschool program are not eligible for the ESA program.
   The bill defines “approved nonpublic program” as an accredited nonpublic school’s program for four-year-old children approved by the department of education to provide high-quality preschool instruction.
   The bill requires the state board of education to adopt rules to define the requirements for an accredited nonpublic school preschool program to be approved for the purposes of qualifying for payments from an ESA. The bill prohibits such rules from requiring an approved nonpublic program to retain the services of a licensed teacher for the approved nonpublic program, partner or collaborate with a school district, or partner or collaborate with community stakeholders.
   The bill provides that all children eligible to participate in preschool programming provided by a school district through the statewide voluntary preschool program are eligible to participate in an approved nonpublic program.
   The bill makes tuition for an approved nonpublic program a qualified expense for the purposes of the ESA program.
   The bill makes resident pupils who are eligible to enroll in an approved nonpublic program eligible for the ESA program for school budget years beginning on or after July 1, 2024.
   The bill sets ESA payments for pupils enrolled in an approved nonpublic school in an amount equal to the regular program state cost per pupil for the school budget year multiplied by 50 percent, which is the same amount per pupil a school district receives for preschool students.
   The bill allows the state board of education to adopt emergency rules to implement the provisions of the bill.
   The bill takes effect upon enactment.