Senate Study Bill 3073 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BILL) A BILL FOR An Act relating to education, including modifying provisions 1 related to the number of area education agencies in this 2 state, the duties and powers of area education agencies, 3 area education agency boards of directors, the department 4 of administrative services, the director of the department 5 of education, the division of special education within the 6 department of education, the services provided by area 7 education agencies, area education agency funding, the 8 calculation of the teacher salary supplement district cost 9 per pupil, and minimum teacher salaries, and including 10 transition, effective date, and applicability provisions. 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 12 TLSB 5189XL (14) 90 jda/jh
S.F. _____ H.F. _____ DIVISION I 1 AREA EDUCATION AGENCIES —— GENERAL PROVISIONS 2 Section 1. Section 273.1, Code 2024, is amended to read as 3 follows: 4 273.1 Intent. 5 It is the intent of the general assembly to provide an 6 effective, efficient, and economical means of identifying and 7 serving children from under five years of age through grade 8 twelve who require special education and any other children 9 requiring special education as defined in section 256B.2 ; to 10 provide for media services and other programs and services 11 for pupils in grades kindergarten through twelve and children 12 requiring special education as defined in section 256B.2 ; to 13 provide a method of financing the programs and services; and 14 to avoid a duplication of programs and services provided by 15 any other school corporation in the state; and to provide 16 services to school districts under a contract with those school 17 districts ; to improve student achievement; and to close student 18 achievement gaps . 19 Sec. 2. Section 273.2, Code 2024, is amended to read as 20 follows: 21 273.2 Area education agencies established —— powers —— 22 services and programs. 23 1. There are established throughout the state fifteen not 24 more than nine area education agencies, as determined by the 25 director of the department of education, each of which is 26 governed by an area education agency board of directors under 27 the general supervision of the director, except as otherwise 28 provided in this chapter . Each area education agency shall 29 have an area education agency board of directors that shall 30 serve in an advisory capacity. The boundaries of an area 31 education agency shall not divide a school district. The 32 director of the department of education shall change boundaries 33 of area education agencies to take into account mergers of 34 local school districts and changes in boundaries of local 35 -1- LSB 5189XL (14) 90 jda/jh 1/ 123
S.F. _____ H.F. _____ school districts, when necessary to maintain the policy of this 1 chapter that a local school district shall not be a part of 2 more than one area education agency. 3 2. An area education agency established under this chapter 4 is a body politic as a school corporation for the purpose of 5 exercising powers granted under this chapter , and may sue and 6 be sued. An area education agency may shall not hold real 7 property and execute purchase agreements within two years of a 8 disaster as defined in section 29C.2, subsection 4 , and shall 9 not enter into lease-purchase agreements pursuant to section 10 273.3, subsection 7 , and if the lease-purchase agreement 11 exceeds ten years or the purchase price of the property to be 12 acquired pursuant to a purchase or lease-purchase agreement 13 exceeds the amount stated in section 26.3, subsection 1 , the 14 area education agency shall conduct a public hearing on the 15 proposed purchase or lease-purchase agreement and receive 16 approval from the area education agency board of directors and 17 the state board of education or its designee before entering 18 into the agreement . The department of administrative services 19 is responsible for providing real property and facilities to 20 the area education agencies, as determined in consultation 21 with the director of the department of education, pursuant to 22 a management fee agreement. The area education agencies are 23 responsible for the general maintenance and the grounds of the 24 real property and facilities provided by the department of 25 administrative services. 26 3. The area education agency board agencies shall furnish 27 educational services and programs as provided in section 273.1 , 28 this section , sections 273.3 through 273.8 , and chapter 256B 29 to the pupils enrolled in public or nonpublic schools located 30 within its boundaries which are on the list of accredited 31 schools pursuant to section 256.11 . The programs and services 32 provided shall be at least commensurate with programs and 33 services existing on July 1, 1974. The programs and services 34 provided to pupils enrolled in nonpublic schools shall be 35 -2- LSB 5189XL (14) 90 jda/jh 2/ 123
S.F. _____ H.F. _____ comparable to programs and services provided to pupils enrolled 1 in public schools within constitutional guidelines. 2 4. The area education agency board agencies shall provide 3 for special education services and media services for the 4 local school districts in the area and shall encourage and 5 assist school districts in the area to establish programs for 6 gifted and talented children that request to receive such 7 services, including by entering into agreements with the area 8 education agency . The board shall assist in facilitating 9 interlibrary loans of materials between school districts and 10 other libraries. 11 5. The area education agency board agencies may provide for 12 the following programs and services to local school districts, 13 and at the request of local school districts to providers of 14 child development services who have received grants under 15 chapter 256A from the child development coordinating council, 16 within the limits of funds available: 17 a. In-service training programs for employees of school 18 districts and area education agencies, provided at the time 19 programs and services are established they do not duplicate 20 programs and services available in that area from the 21 universities under the state board of regents and from other 22 universities and four-year institutions of higher education in 23 Iowa. The in-service training programs shall include but are 24 not limited to regular training concerning mental or emotional 25 disorders which may afflict affect children and the impact 26 children with such disorders have upon their families. 27 b. Educational data processing pursuant to section 256.9, 28 subsection 11 . 29 c. Research, demonstration projects and models, and 30 educational planning for children under five years of age 31 through grade twelve and children requiring special education 32 as defined in section 256B.2 as approved by the state board of 33 education. 34 d. Auxiliary services for nonpublic school pupils as 35 -3- LSB 5189XL (14) 90 jda/jh 3/ 123
S.F. _____ H.F. _____ provided in section 256.12 . However, if auxiliary services are 1 provided their funding shall be based on the type of service 2 provided. 3 e. Other educational programs and services for children 4 under five years through grade twelve and children requiring 5 special education as defined in section 256B.2 and for 6 employees of school districts and area education agencies as 7 approved by the state board of education . 8 6. The board of directors of an area education agency shall 9 not establish programs and services which duplicate programs 10 and services which are or may be provided by the community 11 colleges under the provisions of chapter 260C . An area 12 education agency shall contract, whenever practicable, with 13 other school corporations for the use of personnel, buildings, 14 facilities, supplies, equipment, programs, and services. 15 7. The board of an Subject to the approval of the director 16 of the department of education, an area education agency or 17 a consortium of two or more area education agencies shall 18 contract with one or more licensed dietitians for the support 19 of nutritional provisions in individual education plans 20 developed in accordance with chapter 256B and to provide 21 information to support school nutrition coordinators. 22 8. The area education agency board shall collaborate 23 with the department of education to provide a statewide 24 infrastructure for educational data to create cost 25 efficiencies, provide storage and disaster mitigation, and 26 improve interconnectivity between schools and school districts. 27 In addition, the area education agency boards shall work 28 with the department to provide systemwide coordination in 29 the implementation of the statewide longitudinal data system 30 consistent with the federal American Recovery and Reinvestment 31 Act of 2009 . The area education agencies shall provide support 32 to school districts’ information technology infrastructure 33 that is consistent with the statewide infrastructure for the 34 educational data collaborative. 35 -4- LSB 5189XL (14) 90 jda/jh 4/ 123
S.F. _____ H.F. _____ 9. The area education agency boards shall jointly develop a 1 three-year statewide strategic plan that supports goals adopted 2 by the state board of education pursuant to section 256.7, 3 subsection 4 , and the accreditation standards established 4 pursuant to section 256.11 ; establish performance goals; and 5 clearly identify the statewide efforts to improve student 6 learning and create efficiencies in management operations for 7 area education agencies and school districts. The statewide 8 strategic plan shall be approved by the state board of 9 education. The area education agency boards shall jointly 10 provide the state board with annual updates on the performance 11 measures. 12 10. 8. The Subject to the approval of the director 13 of the department of education, an area education agency 14 board is encouraged to may employ a child welfare liaison to 15 provide services and guidance to local school districts to 16 facilitate the efficient and effective transfer and enrollment 17 of a child adjudicated under chapter 232 or receiving foster 18 care services to another school district, including but not 19 limited to guidance relating to the transfer of credit earned 20 for coursework taken by the student, enrollment transition 21 planning, facilitating information sharing between education 22 and child welfare agencies, and developing systems designed to 23 ameliorate the transition issues faced by a child adjudicated 24 under chapter 232 or receiving foster care services who is 25 transferring to and enrolling in a school district. 26 11. 9. Subject to an appropriation by the general assembly 27 for such purpose, the area education agency board agencies 28 shall, by July 1, 2024, dedicate at least one full-time 29 equivalent position to maintain a dyslexia specialist. The 30 An area education agency board may hire such a specialist 31 or may provide appropriate training to qualify an existing 32 employee as a specialist on dyslexia. The specialist shall 33 provide technical guidance and assistance, including but 34 not limited to professional development, strategies, and 35 -5- LSB 5189XL (14) 90 jda/jh 5/ 123
S.F. _____ H.F. _____ materials to school districts and accredited nonpublic schools 1 relating to identification of and instruction for students with 2 characteristics of dyslexia. The specialist shall be highly 3 trained in dyslexia and have a minimum of three years of field 4 experience in screening, identifying, and treating dyslexia and 5 related disorders. In the absence of an appropriation, each 6 area education agency board is encouraged to employ a highly 7 qualified dyslexia specialist. 8 10. a. An area education agency may establish a plan, in 9 accordance with section 403(b) of the Internal Revenue Code, 10 as defined in section 422.3, for employees, which plan shall 11 consist of one or more investment contracts, on a group or 12 individual basis, acquired from a company, or a salesperson for 13 that company, that is authorized to do business in this state. 14 b. The selection of investment contracts to be included 15 within the plan established by the area education agency shall 16 be made either pursuant to a competitive bidding process 17 conducted by the area education agency, in coordination with 18 employee organizations representing employees eligible to 19 participate in the plan, or pursuant to an agreement with 20 the department of administrative services to make available 21 investment contracts included in a deferred compensation or 22 similar plan established by the department of administrative 23 services pursuant to section 8A.438, which plan meets the 24 requirements of this subsection. The determination of whether 25 to select investment contracts for the plan pursuant to a 26 competitive bidding process or by agreement with the department 27 of administrative services shall be made by agreement between 28 the area education agency and the employee organizations 29 representing employees eligible to participate in the plan. 30 c. The area education agency may make elective deferrals in 31 accordance with the plan as authorized by an eligible employee 32 for the purpose of making contributions to the investment 33 contract on behalf of the employee. The deferrals shall be 34 made in the manner which will qualify contributions to the 35 -6- LSB 5189XL (14) 90 jda/jh 6/ 123
S.F. _____ H.F. _____ investment contract for the benefits under section 403(b) 1 of the Internal Revenue Code, as defined in section 422.3. 2 In addition, the area education agency may make nonelective 3 employer contributions to the plan. 4 d. As used in this subsection, unless the context otherwise 5 requires, “investment contract” shall mean a custodial account 6 utilizing mutual funds or an annuity contract which meets the 7 requirements of section 403(b) of the Internal Revenue Code, as 8 defined in section 422.3. 9 11. An area education agency may establish and pay all 10 or any part of the cost of group health insurance plans, 11 nonprofit group medical service plans and group life insurance 12 plans adopted by the area education agency for the benefit of 13 employees of the area education agency, from funds available 14 to the board. 15 12. An area education agency may issue school credit 16 cards allowing area education agency employees to pay for the 17 actual and necessary expenses incurred in the performance of 18 work-related duties. 19 13. An area education agency may purchase equipment as 20 provided in section 279.48. 21 14. By January 15 of each year, the area education agencies 22 shall submit to the department of education the area education 23 agency’s staffing plans and job classifications, including 24 contracted salary, bonus wages and benefits, annuity payments, 25 or any other benefit, for the employees of the area education 26 agency. The director of the department of education shall 27 review the staffing plans and job classifications submitted by 28 the area education agencies and either approve or reject the 29 continuation of each position by March 1 of each year. The 30 area education agencies shall align all job classifications 31 with the job classifications established by the department of 32 administrative services. The area education agencies shall 33 comply with all applicable requirements of 29 U.S.C. ch. 23 and 34 chapter 84C if a reduction in force occurs. 35 -7- LSB 5189XL (14) 90 jda/jh 7/ 123
S.F. _____ H.F. _____ 15. The area education agencies shall require that, by 1 July 1, 2024, any person employed by the area education agency 2 who holds a license, certificate, statement of recognition, 3 or authorization other than a coaching authorization, issued 4 by the board of educational examiners to complete the Iowa 5 reading research center dyslexia overview module. Such persons 6 employed after July 1, 2024, shall complete the module within 7 one year of the employee’s initial date of hire. 8 16. The area education agency shall collaborate with the 9 department of education to provide a statewide infrastructure 10 for educational data to create cost efficiencies, provide 11 storage and disaster mitigation, and improve interconnectivity 12 between schools and school districts. In addition, the area 13 education agency shall work with the department to provide 14 systemwide coordination in the implementation of the statewide 15 longitudinal data system consistent with the federal American 16 Recovery and Reinvestment Act of 2009. 17 Sec. 3. Section 273.3, Code 2024, is amended to read as 18 follows: 19 273.3 Duties and powers of area education agency board —— 20 additional powers of area education agencies . 21 The board in carrying out the provisions of section 273.2 22 shall do all of the following : 23 1. Determine the policies of Advise and consult with the 24 area education agency on policies and procedures for providing 25 programs and services. 26 2. Be authorized to receive and expend money for providing 27 programs and services as provided in sections 273.1 , 273.2 , 28 this section , sections 273.4 through 273.8 , and chapters 256B 29 and 257 . All costs incurred in providing the programs and 30 services, including administrative costs, shall be paid from 31 funds received pursuant to sections 273.1 , 273.2 , this section , 32 sections 273.4 through 273.8 , and chapters 256B and 257 . 33 3. 2. Provide data and prepare reports as directed by 34 the director of the department of education or the executive 35 -8- LSB 5189XL (14) 90 jda/jh 8/ 123
S.F. _____ H.F. _____ director of the area education agency . 1 4. Provide for advisory committees as deemed necessary. 2 5. 3. Be authorized, subject to rules of the state board of 3 education, to provide directly or by contractual arrangement 4 with public or private agencies for special education programs 5 and services , media services, and educational programs and 6 services requested by the local boards of education as provided 7 in this chapter , including but not limited to contracts for 8 the area education agency to provide programs or services to 9 the local school districts and contracts for local school 10 districts, other educational agencies, and public and private 11 agencies to provide programs and services to the local school 12 districts in the area education agency in lieu of the area 13 education agency providing the services . Contracts may be made 14 with public or private agencies located outside the state if 15 the programs and services comply with the rules of the state 16 board. Rules adopted by the state board of education shall 17 be consistent with rules, adopted by the board of educational 18 examiners, relating to licensing of practitioners. 19 6. 4. Area education agencies may Be authorized to 20 cooperate and contract between themselves and with other 21 public agencies to provide special education programs and 22 services , media services, and educational services to schools 23 and children residing within their respective areas. Area 24 education agencies may provide print and nonprint materials to 25 public and private colleges and universities that have teacher 26 education programs approved by the state board of education. 27 7. Be authorized to lease, purchase, or lease-purchase, 28 subject to the approval of the state board of education or 29 its designee and to receive by gift and operate and maintain 30 facilities and buildings necessary to provide authorized 31 programs and services. However, a lease for less than ten 32 years and with an annual cost of less than the amount stated in 33 section 26.3, subsection 1 , does not require the approval of 34 the state board. The state board shall not approve a lease, 35 -9- LSB 5189XL (14) 90 jda/jh 9/ 123
S.F. _____ H.F. _____ purchase, or lease-purchase until the state board is satisfied 1 by investigation that public school corporations within the 2 area do not have suitable facilities available. A purchase of 3 property that is not a lease-purchase may be made only within 4 two years of a disaster as defined in section 29C.2, subsection 5 4 , and subject to the requirements of this subsection . 6 8. 5. Be authorized, subject to the approval of the 7 director of the department of education, to enter into 8 agreements for the joint use of personnel, buildings, 9 facilities, supplies, and equipment with school corporations as 10 deemed necessary to provide authorized programs and services. 11 9. 6. Be authorized to make application for, accept, 12 and expend state and federal funds that are available for 13 programs of educational benefit approved by the director of the 14 department of education, and cooperate with the department in 15 the manner provided in federal-state plans or department rules 16 in the effectuation and administration of programs approved by 17 the director, or approved by other educational agencies, which 18 agencies have been approved as state educational authorities. 19 10. 7. Be authorized to perform all other acts necessary to 20 carry out the provisions and intent of this chapter . 21 11. 8. Employ personnel to carry out the functions of the 22 area education agency which shall include the employment of 23 an administrator executive director who shall possess a an 24 administrator license and either a teaching license with a 25 special education endorsement or a special education support 26 personnel authorization, issued under chapter 256, subchapter 27 VII, part 3 by the board of educational examiners . The 28 administrator shall be employed pursuant to section 279.20 29 and sections 279.23 , 279.24 , and 279.25 . The salary for an 30 area education agency administrator executive director shall 31 be established by the board director of the department of 32 education based upon the previous experience and education 33 of the administrator. Section 279.13 applies to the area 34 education agency board and to all teachers employed by the area 35 -10- LSB 5189XL (14) 90 jda/jh 10/ 123
S.F. _____ H.F. _____ education agency. Sections 279.23 , 279.24 , and 279.25 apply to 1 the area education board and to all administrators employed by 2 the area education agency. Section 279.69 applies to the area 3 education agency board and employees of the board, including 4 part-time, substitute, or contract employees, who provide 5 services to a school or school district. 6 12. 9. Prepare an annual budget estimating income and 7 expenditures for programs and services as provided in sections 8 273.1 , 273.2 , this section , sections 273.4 through 273.8 , and 9 chapter 256B within the limits of funds provided under section 10 256B.9 and chapter 257 . The board executive director shall 11 post notice of a public hearing on submit the proposed budget 12 on the area education agency’s internet site and by publication 13 in the newspaper of general circulation in the territory of 14 the area education agency in which the principal place of 15 business of a school district that is a part of the area 16 education agency is located to the director of the department 17 of education for approval not later than March 1 of each year . 18 The notice shall specify the date, which shall be not later 19 than March 1 of each year, the time, and the location of the 20 public hearing. The proposed budget as approved by the board 21 director of the department of education shall then be submitted 22 to the state board of education, on forms provided by the 23 department, no later than March 15 preceding the next fiscal 24 year for approval. The state board shall review the proposed 25 budget of each area education agency and shall before May 1, 26 either grant approval or return the budget without approval 27 with comments of the state board included. An unapproved 28 budget shall be resubmitted to the state board for final 29 approval not later than May 15. The state board shall give 30 final approval only to budgets submitted by area education 31 agencies accredited by the state board or that have been given 32 conditional accreditation by the state board. 33 13. 10. Be authorized to pay, out of funds available to the 34 board reasonable annual dues to an Iowa association of school 35 -11- LSB 5189XL (14) 90 jda/jh 11/ 123
S.F. _____ H.F. _____ boards. Membership shall be limited to those duly elected 1 members of the area education agency board. 2 14. a. The board may establish a plan, in accordance with 3 section 403(b) of the Internal Revenue Code, as defined in 4 section 422.3 , for employees, which plan shall consist of one 5 or more investment contracts, on a group or individual basis, 6 acquired from a company, or a salesperson for that company, 7 that is authorized to do business in this state. 8 b. The selection of investment contracts to be included 9 within the plan established by the board shall be made either 10 pursuant to a competitive bidding process conducted by the 11 board, in coordination with employee organizations representing 12 employees eligible to participate in the plan, or pursuant to 13 an agreement with the department of administrative services 14 to make available investment contracts included in a deferred 15 compensation or similar plan established by the department 16 pursuant to section 8A.438 , which plan meets the requirements 17 of this subsection . The determination of whether to select 18 investment contracts for the plan pursuant to a competitive 19 bidding process or by agreement with the department of 20 administrative services shall be made by agreement between the 21 board and the employee organizations representing employees 22 eligible to participate in the plan. 23 c. The board may make elective deferrals in accordance with 24 the plan as authorized by an eligible employee for the purpose 25 of making contributions to the investment contract on behalf of 26 the employee. The deferrals shall be made in the manner which 27 will qualify contributions to the investment contract for the 28 benefits under section 403(b) of the Internal Revenue Code, 29 as defined in section 422.3 . In addition, the board may make 30 nonelective employer contributions to the plan. 31 d. As used in this subsection , unless the context otherwise 32 requires, “investment contract” shall mean a custodial account 33 utilizing mutual funds or an annuity contract which meets the 34 requirements of section 403(b) of the Internal Revenue Code, as 35 -12- LSB 5189XL (14) 90 jda/jh 12/ 123
S.F. _____ H.F. _____ defined in section 422.3 . 1 15. Be authorized to establish and pay all or any part 2 of the cost of group health insurance plans, nonprofit group 3 medical service plans and group life insurance plans adopted by 4 the board for the benefit of employees of the area education 5 agency, from funds available to the board. 6 16. 11. Meet at least annually with the members of the 7 boards of directors of the merged areas in which the area 8 education agency is located to discuss coordination of programs 9 and services and other matters of mutual interest to the 10 boards. 11 17. Be authorized to issue warrants and anticipatory 12 warrants pursuant to chapter 74 . The applicable rate of 13 interest shall be determined pursuant to sections 74A.2 , 74A.3 , 14 and 74A.7 . This subsection shall not be construed to authorize 15 a board to levy a tax. 16 18. Be authorized to issue school credit cards allowing area 17 education agency employees to pay for the actual and necessary 18 expenses incurred in the performance of work-related duties. 19 19. Pursuant to rules adopted by the state board of 20 education, be authorized to charge user fees for certain 21 materials and services that are not required by law or by rules 22 of the state board of education and are specifically requested 23 by a school district or accredited nonpublic school. 24 20. Be authorized to purchase equipment as provided in 25 section 279.48 . 26 21. Be authorized to sell, lease, or dispose of, in whole 27 or in part, property belonging to the area education agency. 28 Before the area education agency may sell property belonging 29 to the agency, the board of directors shall comply with the 30 requirements set forth in section 297.22 . Before the board 31 of directors of an area education agency may lease property 32 belonging to the agency, the board shall obtain the approval of 33 the director of the department of education. 34 22. 12. Meet annually with the members of the boards of 35 -13- LSB 5189XL (14) 90 jda/jh 13/ 123
S.F. _____ H.F. _____ directors of the school districts located within its boundaries 1 if requested by the school district boards. 2 23. By October 1 of each year, submit to the department of 3 education the following information: 4 a. The contracted salary including bonus wages and benefits, 5 annuity payments, or any other benefit for the administrators 6 of the area education agency. 7 b. The contracted salary and benefits and any other expenses 8 related to support for governmental affairs efforts, including 9 expenditures for lobbyists and lobbying activities for the area 10 education agency. 11 24. Be authorized to sell software and support services, 12 professional development programs and materials, online 13 professional development, and online training to entities 14 other than school districts within the state and to school 15 districts and other public agencies located outside of the 16 state. The board may also sell to school districts within this 17 state software and support services, professional development 18 programs and materials, online professional development, 19 and online training which the area education agency is not 20 otherwise required to provide to a school district under this 21 chapter or chapter 256B or 257 . 22 25. Require, by July 1, 2024, any person employed by 23 the area education agency who holds a license, certificate, 24 statement of recognition, or authorization other than a 25 coaching authorization, issued by the board of educational 26 examiners under chapter 256, subchapter VII, part 3 , to 27 complete the Iowa reading research center dyslexia overview 28 module. Such persons employed after July 1, 2024, shall 29 complete the module within one year of the employee’s initial 30 date of hire. 31 Sec. 4. Section 273.4, Code 2024, is amended to read as 32 follows: 33 273.4 Duties of administrator executive director . 34 Under direction of the board of directors of the area 35 -14- LSB 5189XL (14) 90 jda/jh 14/ 123
S.F. _____ H.F. _____ education agency, the administrator of the area education 1 agency shall director of the department of education, each 2 area education agency shall employ one executive director. 3 The executive director shall be appointed by and serve at the 4 pleasure of the director of the department of education. The 5 executive director shall be responsible for the administration, 6 financial operations, and management of the area education 7 agency , and in addition to other duties , shall do all of the 8 following : 9 1. Cooperate with boards of directors of local school 10 districts of the area education agency in considering and 11 developing plans for the improvement of the educational 12 programs and services in the area education agency. 13 2. When requested, provide such other assistance as 14 possible to school districts of the area education agency for 15 the general improvement of their educational programs and 16 operations. 17 3. Submit program plans each year to the department of 18 education, for approval by the director of the department , 19 to reflect the needs of the area education agency for media 20 services as provided in section 273.6 . 21 4. When requested, provide information and prepare reports 22 for the director of the department of education. 23 5. With the approval of the director of the department of 24 education, employ such personnel as are necessary to support 25 the administrative, general education, and special education 26 programs and services of the area education agency. 27 6. With the approval of the administrator of the division of 28 special education within the department of education, contract 29 with public schools, nonpublic schools, and area education 30 agencies, located either within this state or in a contiguous 31 state, for special education programs and services. 32 Sec. 5. Section 273.5, Code 2024, is amended to read as 33 follows: 34 273.5 Special Additional duties of the executive director —— 35 -15- LSB 5189XL (14) 90 jda/jh 15/ 123
S.F. _____ H.F. _____ special education. 1 There shall be established a division of special education 2 of the area education agency which The executive director 3 of each area education agency shall provide for special 4 education programs and services to the local school districts , 5 consistent with state regulations and guidelines related to 6 special education programs and services . The division of 7 special education shall be headed by a director of special 8 education who meets certification standards of the department 9 of education. The director of special education shall have 10 the responsibility for implementation of state regulations and 11 guidelines relating to special education programs and services. 12 The executive director of special education shall have the 13 following additional powers and duties: 14 1. Properly identify children requiring special education. 15 2. Insure that each child requiring special education in 16 the area receives an appropriate special education program or 17 service. 18 3. Assign appropriate weights for each child requiring 19 special education programs or services as provided in section 20 256B.9 . 21 4. Supervise special education support personnel. 22 5. Provide each school district within the area served and 23 the department of education with a special education weighted 24 enrollment count, including the additional enrollment because 25 of special education for December 1 of each year. 26 6. Submit to the department of education special education 27 instructional and support program plans and applications, 28 subject to criteria listed in chapter 256B and this chapter , 29 for approval by February 15 of each year for the school year 30 commencing the following July 1. 31 7. Coordinate the special education program within the area 32 served. 33 Sec. 6. Section 273.7A, Code 2024, is amended to read as 34 follows: 35 -16- LSB 5189XL (14) 90 jda/jh 16/ 123
S.F. _____ H.F. _____ 273.7A Services Special education services to school 1 districts. 2 1. a. The board of an An area education agency may only 3 provide special education services to school districts located 4 in the area education agency under if the school district 5 requests to receive such services and pursuant to a contract 6 with between the school districts district and the area 7 education agency . These services may include, but are not 8 limited to, superintendency services, personnel services, 9 business management services, specialized maintenance services, 10 and transportation services. In addition, the board of the 11 area education agency may provide for furnishing expensive 12 and specialized equipment for school districts. The term 13 of the contract between the school district and the area 14 education agency related to the provision of special education 15 services shall not be less than two years. A school district 16 must provide notice to the area education agency and to the 17 department of education indicating that the school district 18 requests to receive special education services from the area 19 education agency not later than September 30 of the school year 20 preceding the school year such services will be provided. 21 b. School districts shall pay to area education agencies the 22 cost of providing the services. 23 2. The board of an An area education agency may also provide 24 services authorized to be performed by area education agencies 25 the director of the department of education to other area 26 education agencies in this state and to provide a method of 27 payment for these services. 28 Sec. 7. Section 273.8, subsection 2, paragraph a, Code 2024, 29 is amended to read as follows: 30 a. Notice of the election shall be published by the 31 executive director of the area education agency administrator 32 not later than September 15 of the odd-numbered year in at 33 least one newspaper of general circulation in the director 34 district. The cost of publication shall be paid by the area 35 -17- LSB 5189XL (14) 90 jda/jh 17/ 123
S.F. _____ H.F. _____ education agency. 1 Sec. 8. Section 273.8, subsection 3, Code 2024, is amended 2 to read as follows: 3 3. Director district convention. If no candidate files 4 with the area education agency secretary by the deadline 5 specified in subsection 2 , or a vacancy occurs, or if otherwise 6 required as provided in section 273.23, subsection 3 , a 7 director district convention, attended by members of the 8 boards of directors of the local school districts located 9 within the director district, shall be called to elect a 10 board member for that director district. The convention 11 location shall be determined by the executive director of the 12 area education agency administrator . Notice of the time, 13 date, and place of a director district convention shall be 14 published by the executive director of the area education 15 agency administrator in at least one newspaper of general 16 circulation in the director district at least thirty days 17 prior to the day of the convention. The cost of publication 18 shall be paid by the area education agency. A candidate 19 for election to the area education agency board shall file a 20 statement of candidacy with the area education agency secretary 21 at least ten days prior to the date of the director district 22 convention on forms prescribed by the department of education, 23 or nominations may be made at the convention by a delegate from 24 a board of directors of a school district located within the 25 director district. A statement of candidacy shall include the 26 candidate’s name, address, and school district. Delegates to 27 director district conventions shall not be bound by a school 28 board or any school board member to pledge their votes to any 29 candidate prior to the date of the convention. 30 Sec. 9. Section 273.8, subsections 6, 7, and 8, Code 2024, 31 are amended by striking the subsections. 32 Sec. 10. Section 273.9, Code 2024, is amended to read as 33 follows: 34 273.9 Funding. 35 -18- LSB 5189XL (14) 90 jda/jh 18/ 123
S.F. _____ H.F. _____ 1. School districts shall pay for the programs and services 1 provided through the area education agency when the school 2 district requests to receive the programs or services or 3 otherwise agrees to receive the programs or services and shall 4 include expenditures for the programs and services in their 5 budgets, in accordance with this section . 6 2. School When school districts agree to receive special 7 education instructional programs from an area education 8 agency, school districts shall pay the costs of special 9 education instructional programs with the moneys available to 10 the districts for each child requiring special education, by 11 application of the special education weighting plan in section 12 256B.9 . Special education instructional programs shall be 13 provided at the local level if practicable, or otherwise by 14 contractual arrangements with the area education agency board 15 as provided in section 273.3, subsection 5 3 , but in each case 16 the total money available through section 256B.9 and chapter 17 257 because of weighted enrollment for each child requiring 18 special education instruction shall be made available to 19 the district or agency which provides the special education 20 instructional program to the child, subject to adjustments 21 for transportation or other costs which may be paid by the 22 school district in which the child is enrolled. Each district 23 shall cooperate with its area education agency to provide 24 an appropriate special education instructional program for 25 each child who requires special education instruction, as 26 identified and counted within the certification by the area 27 director of special education or as identified by the area 28 executive director of special education the area education 29 agency subsequent to the certification, and shall not provide 30 a special education instructional program to a child who has 31 not been so identified and counted within the certification or 32 identified subsequent to the certification. 33 3. The costs of special education support services provided 34 through the area education agency shall be funded as provided 35 -19- LSB 5189XL (14) 90 jda/jh 19/ 123
S.F. _____ H.F. _____ in chapter 257 . Special education support services shall not 1 be funded until the program plans submitted by the special 2 education executive directors of each area education agency 3 as required by section 273.5 are modified as necessary and 4 approved by the director of the department of education 5 according to the criteria and limitations of chapters 256B and 6 257 . 7 4. The costs of media services provided through the area 8 education agency shall not be funded until the program plans 9 submitted by the administrators of each area education agency 10 as required by section 273.4 are modified as necessary and 11 approved by the director of the department of education 12 according to the criteria of section 273.6 . 13 5. 4. The state board of education shall adopt rules under 14 chapter 17A relating to the approval of program plans under 15 this section . 16 Sec. 11. Section 273.10, subsection 6, paragraph a, 17 unnumbered paragraph 1, Code 2024, is amended to read as 18 follows: 19 If the deficiencies in an area education program have not 20 been corrected, the agency board director of the department of 21 education shall take one of the following actions within sixty 22 days from removal of accreditation: 23 Sec. 12. Section 273.10, subsection 6, paragraph b, Code 24 2024, is amended to read as follows: 25 b. The rules developed by the state board of education for 26 the accreditation process shall include provisions for removal 27 of accreditation, including provisions for proper notice to the 28 administrator executive director of the area education agency, 29 each member of the board of directors of the area education 30 agency, the department of education, and the superintendents 31 and administrators of the schools of the districts served by 32 the area education agency. 33 Sec. 13. Section 273.11, Code 2024, is amended to read as 34 follows: 35 -20- LSB 5189XL (14) 90 jda/jh 20/ 123
S.F. _____ H.F. _____ 273.11 Standards for accrediting area education programs. 1 1. The state board of education , in consultation with the 2 department of education, shall develop standards and rules 3 for the accreditation of area education agencies. Standards 4 shall be general in nature, but at a minimum shall identify 5 requirements addressing the services provided by each division, 6 as well as identifying indicators of quality that will permit 7 area education agencies, school districts, the department of 8 education, and the general public to judge accurately the 9 effectiveness of area education agency services. 10 2. Standards developed shall include, but are not limited 11 to, the following: 12 a. Support for school-community planning, including a means 13 of assessing needs, developing collaborative relationships 14 among community agencies, establishing shared direction , and 15 implementing program plans and reporting progress toward goals 16 for students with disabilities . 17 b. Professional development programs that respond to current 18 needs. 19 c. b. Support for curriculum development, instruction, 20 and assessment for services that address the areas of reading, 21 language arts, math , and science , using research-based 22 methodologies for students with disabilities . 23 d. Special education compliance and support. 24 e. Management services, including financial reporting and 25 purchasing as requested and funded by local districts. 26 f. Support for instructional media services that supplement 27 and support local district media centers and services. 28 c. Support for schools and school districts in analyzing 29 student achievement data related to the learning environment, 30 comparing data to the external knowledge base, and using that 31 information to guide schools and school districts in setting 32 goals and implementing actions to improve student learning for 33 students with disabilities. 34 d. Support for addressing the diverse learning needs of 35 -21- LSB 5189XL (14) 90 jda/jh 21/ 123
S.F. _____ H.F. _____ all children and youths with disabilities who are eligible for 1 special education, including through services that include 2 direct services to students with disabilities. 3 e. Support for schools and school districts to ensure 4 compliance rules adopted by the state board of education 5 related to special education. 6 g. f. Support for necessary to implement effective 7 instruction for all students with disabilities through school 8 technology planning and staff development for implementing 9 instructional technologies services . 10 h. g. A program and services evaluation and reporting 11 system related to special education . 12 i. Support for school district libraries in accordance with 13 section 273.2, subsection 4 . 14 j. h. Support for early childhood service coordination 15 for families and children , age birth through three years, to 16 meet health, safety, and learning needs , including service 17 coordination . 18 Sec. 14. Section 273.13, Code 2024, is amended to read as 19 follows: 20 273.13 Administrative expenditures. 21 The administrative expenditures as a percent of an area 22 education agency’s general fund for a base year shall not 23 exceed five percent. Annually, the board of directors 24 executive director of each area education agency shall 25 certify to the department of education the amounts of the area 26 education agency’s expenditures and its general fund. For the 27 purposes of this section , “base year” means the same as defined 28 in section 257.2 , and “administrative expenditures” means 29 expenditures for executive administration. 30 Sec. 15. Section 273.14, Code 2024, is amended to read as 31 follows: 32 273.14 Emergency repairs. 33 When emergency repairs costing more than the competitive 34 bid threshold in section 26.3 , or the adjusted competitive 35 -22- LSB 5189XL (14) 90 jda/jh 22/ 123
S.F. _____ H.F. _____ bid threshold established in section 314.1B, subsection 2 , 1 are necessary in order to ensure the use of an area education 2 agency facility, the provisions of law with reference to 3 advertising for bids shall not apply within two years of a 4 disaster as defined in section 29C.2, subsection 2 , and the 5 area education agency board department of administrative 6 services may contract for such emergency repairs without 7 advertising for bids. However, before such emergency repairs 8 can be made to an area education agency facility, the state 9 board of education or its designee must certify that such 10 emergency repairs are necessary to ensure the use of the area 11 education agency facility. 12 Sec. 16. Section 273.15, subsection 1, Code 2024, is amended 13 to read as follows: 14 1. The board of directors of each area education agency 15 shall appoint an advisory group to make recommendations on 16 policy, programs, and services to the board area education 17 agency . The advisory group shall provide input, feedback, 18 and recommendations to the board regarding projected future 19 needs, and shall provide a review and response to any 20 state-directed study or task force report on area education 21 agency efficiencies or reorganization. 22 Sec. 17. Section 273.15, subsection 5, Code 2024, is amended 23 to read as follows: 24 5. The advisory group shall meet at least twice annually and 25 shall submit its recommendations in a report to the board of 26 directors executive director of the area education agency at 27 least once annually. The report shall be timely submitted to 28 allow for consideration of the recommendations prior to program 29 planning and budgeting for the following fiscal year. 30 Sec. 18. REPEAL. Sections 273.6, 273.7, and 273.16, Code 31 2024, are repealed. 32 Sec. 19. TRANSITION PROVISIONS. 33 1. An area education agency shall not transfer any ownership 34 interest existing as of January 1, 2024, that the area 35 -23- LSB 5189XL (14) 90 jda/jh 23/ 123
S.F. _____ H.F. _____ education agency has in real property or facilities until such 1 interests are transferred to the department of administrative 2 services pursuant to subsection 2. 3 2. a. On or before July 1, 2024, all ownership interests 4 that area education agencies have in real property and 5 facilities attached to real property shall be transferred to 6 the department of administrative services. Prior to July 7 1, 2024, the area education agencies and the area education 8 agency boards of directors shall collaborate with the director 9 of the department of administrative services to arrange for 10 the orderly conveyance of all ownership interests in real 11 property from the area education agencies to the department 12 of administrative services. The department of administrative 13 services shall be responsible for all costs associated with 14 the conveyance of real property pursuant to this paragraph and 15 shall assume all encumbrances attached to such real property. 16 b. Notwithstanding any other provision of law to the 17 contrary, the department of administrative services shall have 18 the authority to dispose of all interests in real property 19 conveyed to the department pursuant to paragraph “a” . Moneys 20 generated by the sale of such interests in real property shall 21 be deposited in the general fund of the state. 22 3. Prior to July 1, 2024, all interests that area education 23 agencies have in real property lease agreements shall be 24 transferred to the department of administrative services. 25 4. a. On or before May 30, 2024, each area education 26 agency shall submit to the department of education an inventory 27 detailing all media center and professional development 28 equipment and property owned by the area education agency. If 29 the area education agency would like to retain any particular 30 items of media center or professional development equipment or 31 property to support its special education program and services, 32 the area education agency shall include a request to retain 33 such equipment or property in the inventory. 34 b. On or before June 14, 2024, the department of education 35 -24- LSB 5189XL (14) 90 jda/jh 24/ 123
S.F. _____ H.F. _____ shall review all inventories and requests submitted pursuant to 1 paragraph “a” and shall provide notice to each area education 2 agency, as applicable, indicating whether the department 3 approves or denies the area education agency’s request to 4 retain media center or professional development equipment or 5 property. 6 c. On or before July 1, 2024, all of the following media 7 center and professional development equipment and property 8 shall be transferred from the area education agency to the 9 department of administrative services: 10 (1) Media center and professional development equipment 11 and property that the area education agency did not request to 12 retain. 13 (2) Media center and professional development equipment and 14 property that the area education agency requested to retain, 15 but that the department denied. 16 d. (1) The department of administrative services shall 17 transfer to the department for the blind all media center and 18 professional development equipment and property transferred to 19 the department pursuant to paragraph “c” that can be utilized 20 by the commission for the blind to provide library services to 21 persons who are blind and persons with disabilities. 22 (2) The department of administrative services may dispose 23 of media center and professional development equipment and 24 property transferred to the department pursuant to paragraph 25 “c”, with preference being given to lower-performing public 26 schools in this state. Moneys generated from the sale of media 27 center or professional development equipment or property shall 28 be deposited in the general fund of the state. 29 5. On July 1, 2024, the employment of all area education 30 agency administrators employed pursuant to section 273.3, 31 subsection 11, as amended in this division of this Act, is 32 terminated, unless terminated earlier by the director of 33 the department of education who, notwithstanding any other 34 provision of law to the contrary, is authorized to terminate 35 -25- LSB 5189XL (14) 90 jda/jh 25/ 123
S.F. _____ H.F. _____ the employment of such area education agency administrators. 1 The changes to chapter 273 constitute just cause for discharge 2 of the area education administrators under section 279.25, 3 and the provisions of section 279.24 shall not apply to the 4 discharge of the area education administrators. The director 5 of the department of education shall appoint an executive 6 director for each area education agency pursuant to section 7 273.4, as amended in this division of this Act. The director, 8 or the director’s designee, may exercise the authority of an 9 executive director until such appointment is made. 10 6. Notwithstanding the January 15 and March 1 deadlines 11 in section 273.2, subsection 14, as enacted by this division 12 of this Act, for the fiscal year beginning July 1, 2024, and 13 ending June 30, 2025, the area education agencies shall submit 14 the information required under section 273.2, subsection 14, 15 as enacted by this division of this Act, to the department 16 of education on or before June 7, 2024, and the department 17 of education shall review and either approve or reject the 18 continuation of each position by June 30, 2024. 19 7. In employing oversight personnel, the division of 20 special education within the department of education shall give 21 preference to qualified personnel who seek employment with the 22 division of special education because their employment with an 23 area education agency terminated as a result of this division 24 of this Act. Any former employee of an area education agency 25 whose employment with an area education agency terminated as 26 a result of this division of this Act and who is employed by 27 the division of special education no later than August 1, 2024, 28 shall not experience a break in service credit for their Iowa 29 public employees’ retirement system benefits and shall not 30 incur any loss in sick leave or vacation time. 31 8. Notwithstanding the September 30 deadline in section 32 273.7A, as amended by this division of this Act, for the school 33 year beginning July 1, 2024, school districts must provide 34 notice to the area education agency and to the department of 35 -26- LSB 5189XL (14) 90 jda/jh 26/ 123
S.F. _____ H.F. _____ education indicating that the school district requests to 1 receive special education services from the area education 2 agency not later than April 30, 2024. 3 Sec. 20. EFFECTIVE DATE. This division of this Act, being 4 deemed of immediate importance, takes effect upon enactment. 5 DIVISION II 6 AREA EDUCATION AGENCIES —— REORGANIZATION OR DISSOLUTION 7 Sec. 21. Section 273.20, Code 2024, is amended to read as 8 follows: 9 273.20 Definitions. 10 When used in this subchapter , unless the context otherwise 11 requires: 12 1. “Affected area education agency” or “affected agency” 13 means an any of the following: 14 a. An area education agency whose board of directors 15 is executive directors are contemplating or engaged in 16 reorganization efforts in accordance with this subchapter . 17 b. An area education agency that the director of the 18 department determines should be reorganized or dissolved in 19 accordance with this subchapter. 20 2. “Affected board” means the board of directors of an 21 area education agency that is contemplating or engaged in 22 reorganization efforts in accordance with this subchapter . 23 3. 2. “Department” means the department of education. 24 4. 3. “State board” means the state board of education. 25 Sec. 22. Section 273.21, Code 2024, is amended to read as 26 follows: 27 273.21 Voluntary reorganization Reorganization and 28 dissolution . 29 1. a. Two or more area education agencies may voluntarily 30 reorganize under this subchapter if the area education 31 agencies are contiguous, a majority of the members of each 32 of the affected boards approve the reorganization, and the 33 pursuant to a reorganization plan submitted to the state board 34 pursuant to subsection 3 is approved by the state board that 35 -27- LSB 5189XL (14) 90 jda/jh 27/ 123
S.F. _____ H.F. _____ is prepared jointly by the executive directors of the affected 1 area education agencies and submitted to the director of the 2 department pursuant to subsection 2 . 3 b. Notwithstanding paragraph “a” , the director of the 4 department may reorganize two or more area education agencies 5 under this subchapter. If the director of the department 6 determines two or more area education agencies should be 7 reorganized, the director shall direct the executive directors 8 of the affected area education agencies to jointly prepare 9 and submit a reorganization plan to the director pursuant to 10 subsection 2. 11 c. The director of the department may dissolve an area 12 education agency under this subchapter. 13 2. If twenty percent or more of the school districts within 14 an affected area education agency file a petition by December 15 1 with the affected area education agency board to consider 16 reorganization, the affected board shall consider the request 17 and vote on the petition. If a majority of the affected board 18 members vote to study the reorganization of the affected area 19 education agency, the affected board shall immediately begin 20 the study to consider reorganization effective by July 1 of the 21 next year. 22 3. 2. The executive directors of the affected boards 23 contemplating a voluntary reorganization area education 24 agencies shall do the following: 25 a. Develop detailed studies of the facilities, property, 26 services, staffing necessities, equipment, programs, and other 27 capabilities available in each of the affected area education 28 agencies for the purpose of providing for the reorganization of 29 the area education agencies in order to effect more economical 30 operation and the attainment of higher standards of educational 31 services for the schools. 32 b. Survey the school districts within the affected area 33 education agencies to determine the districts’ current and 34 future programs and services, professional development, and 35 -28- LSB 5189XL (14) 90 jda/jh 28/ 123
S.F. _____ H.F. _____ technology needs. 1 c. Consult with the officials of school districts within the 2 affected area and other citizens and periodically hold public 3 hearings during the development of a plan for reorganization, 4 as well as a public hearing on the final plan to be submitted to 5 the director of the department. 6 d. Consult with the director of the department of education 7 in the development of surveys and plans. The director of the 8 department of education shall provide assistance and advice 9 to the affected area education agency boards agencies as 10 requested. 11 e. Develop a reorganization plan that demonstrates improved 12 efficiency and effectiveness of programs to meet accreditation 13 standards, includes a preliminary budget for reorganized areas, 14 documents public comment from the public hearings held pursuant 15 to paragraph “c” , and provides for a board of directors, and 16 the number of members that the board shall consist of, in 17 accordance with section 273.8 . 18 f. Set forth the assets and liabilities of the affected 19 area education agencies, which shall become the responsibility 20 of the board of directors of the newly formed area education 21 agency on the effective date of the reorganization. 22 g. Transmit the completed plan to the state board director 23 of the department by July August 15. Plans received by 24 the state board after July 15 shall be considered for area 25 education agency reorganization taking effect no sooner than 26 July 1 after the next succeeding fiscal year. 27 4. 3. The state board director of the department shall 28 review the reorganization plan and shall, prior to September 29 30, either approve the plan as submitted, approve the plan 30 contingent upon compliance with the state board’s director’s 31 recommendations, or disapprove the plan. A contingently 32 approved plan shall be resubmitted with modifications to the 33 director of the department not later than October 30. An 34 approved plan shall take effect on July 1 of the fiscal year 35 -29- LSB 5189XL (14) 90 jda/jh 29/ 123
S.F. _____ H.F. _____ following the date of approval by the state board director of 1 the department . 2 Sec. 23. Section 273.22, Code 2024, is amended to read as 3 follows: 4 273.22 Contracts of new area education agency. 5 1. The terms of employment of the administrator executive 6 director and staff of affected area education agencies for the 7 school year beginning with the effective date of the formation 8 of the new area education agency shall not may be affected 9 by the formation of the new area education agency, except in 10 accordance with the provisions of sections 279.15 through 11 279.18, and 279.24 , and the authority and responsibility to 12 offer new contracts or to continue, modify, or terminate 13 existing contracts pursuant to sections 279.12 , 279.13 , and 14 279.15 through 279.21 , 279.23 , and 279.24 for the school 15 year beginning with the effective date of the reorganization 16 shall be transferred from the boards of the existing area 17 education agencies to the board of the new area education 18 agency following approval of the reorganization plan by the 19 state board director of the department as provided in section 20 273.21, subsection 4 3 . 21 2. a. The collective bargaining agreement of the area 22 education agency with the largest basic enrollment, as 23 defined in section 257.6 , for the year prior to the year the 24 reorganization is effective, shall serve as the base agreement 25 in the new area education agency and the employees of the other 26 area education agencies involved in the formation of the new 27 area education agency shall automatically be accreted to the 28 bargaining unit of that collective bargaining agreement for 29 purposes of negotiating the contracts for the following years 30 without further action by the public employment relations 31 board. If only one collective bargaining agreement is in 32 effect among the area education agencies that are party to 33 the reorganization, that agreement shall serve as the base 34 agreement, and the employees of the other agencies involved 35 -30- LSB 5189XL (14) 90 jda/jh 30/ 123
S.F. _____ H.F. _____ in the formation of the new area education agency shall 1 automatically be accreted to the bargaining unit of that 2 collective bargaining agreement for purposes of negotiating 3 the contracts for the following years without further action 4 by the public employment relations board. The department of 5 administrative services shall be the chief negotiator for the 6 area education agencies involved in the formation of the new 7 area education agency. 8 b. The board of the newly formed area education agency, 9 using the base agreement as its existing contract, shall 10 bargain with the combined employees of the affected agencies 11 for the school year that begins on the effective date of the 12 reorganization. The bargaining shall be completed by the 13 dates specified in section 20.17 prior to the school year 14 in which the reorganization becomes effective or within one 15 hundred eighty days after the organization of the new board 16 area education agency , whichever is later. If a bargaining 17 agreement was already concluded by the board area education 18 agency and employees of the affected area education agency 19 with the contract serving as the base agreement for the school 20 year beginning with the effective date of the reorganization, 21 that agreement shall be void. However, if the base agreement 22 contains multiyear provisions affecting school years subsequent 23 to the effective year of the reorganization, the base agreement 24 shall remain in effect as specified in the agreement. 25 c. The provisions of the base agreement shall apply to the 26 offering of new contracts or continuation, modification, or 27 termination of existing contracts as provided in subsection 1 . 28 3. The terms of a contract between the board of directors 29 of a school district and the board of directors of an affected 30 area education agency shall be carried out by the school board 31 and the board of directors of the newly formed area education 32 agency except as provided in this section . 33 4. The board of directors of a school district that is under 34 a contract with an affected area education agency may petition 35 -31- LSB 5189XL (14) 90 jda/jh 31/ 123
S.F. _____ H.F. _____ the boards of directors of the affected area education agencies 1 for release from the contract. If the petition receives a 2 majority of the votes cast by the members of the boards of the 3 affected area education agencies, the petition is approved and 4 by the director of the department, then the contract shall be 5 terminated on the effective date of the area education agency 6 reorganization. 7 5. Not later than fifteen days after the state board 8 director of the department notifies an area education agency 9 of its approval of the area education agency’s reorganization 10 plan or dissolution proposal , the area education agency shall 11 notify, by certified mail, the school districts located within 12 the area education agency boundaries, the school districts and 13 area education agencies that are contiguous to its boundaries, 14 and any other school district under contract with the area 15 education agency, of the state board’s director’s approval 16 of the plan or proposal , and shall provide the department of 17 education with a copy of any notice sent in accordance with 18 this subsection . A petition to join an area education agency 19 or for release from a contract with an area education agency, 20 in accordance with subsections 4, 6, and 7 subsection 4 , shall 21 be filed not later than forty-five days after the state board 22 director of the department approves a reorganization plan or 23 dissolution proposal in accordance with this chapter . 24 6. Within forty-five days of the state board’s approval, 25 the board of directors of a school district that is contiguous 26 to a newly reorganized area education agency may petition the 27 board of directors of their current area education agency 28 and the newly reorganized area education agency to join the 29 newly reorganized area education agency. If the initial, 30 or new board if established in time under section 273.23, 31 subsection 3 , and the board of the contiguous area education 32 agency approve the petition, the reorganization, including any 33 school district whose petition to join the newly reorganized 34 area education agency has been approved, shall take effect in 35 -32- LSB 5189XL (14) 90 jda/jh 32/ 123
S.F. _____ H.F. _____ accordance with the dates established under section 273.21, 1 subsection 4 . Both the initial, or new, and the contiguous 2 area education agency boards must act within forty-five days of 3 the deadline, as set forth in this subsection , for the filing 4 of the school district’s petition. Within ten days of an area 5 education agency board’s action, a school district may appeal 6 to the state board the decision of an area education agency 7 board to deny the school district’s petition. 8 7. Within forty-five days of the state board’s approval, 9 the board of directors of a school district that is within 10 a newly reorganized area education agency and whose school 11 district is contiguous to another area education agency not 12 included in the newly reorganized area education agency may 13 petition the board of directors of the newly reorganized area 14 education agency and the contiguous area education agency to 15 join that area education agency. If the initial, or new board 16 if established in time under section 273.23, subsection 3 , and 17 the board of the contiguous area education agency approve the 18 petition, the reorganization, excluding any school district 19 whose petition to join an area education agency contiguous to 20 the newly reorganized area education agency has been approved, 21 shall take effect in accordance with the dates established 22 under section 273.21, subsection 4 . Both the initial, or 23 new, and the contiguous area education agency boards must act 24 within forty-five days of the deadline, as set forth in this 25 subsection , for the filing of the school district’s petition. 26 Within ten days of an area education agency board’s action, a 27 school district may appeal to the state board the decision of 28 an area education agency board to deny the school district’s 29 petition. 30 Sec. 24. Section 273.23, Code 2024, is amended to read as 31 follows: 32 273.23 Initial board. 33 1. A petition filed under section 273.21 shall state the 34 number of directors on the initial board which shall be either 35 -33- LSB 5189XL (14) 90 jda/jh 33/ 123
S.F. _____ H.F. _____ seven or nine directors. The petition reorganization plan 1 submitted pursuant to section 273.21 shall specify the number 2 of directors to be retained from each area, and those numbers 3 shall be proportionate to the populations of the affected area 4 education agencies. If the proportionate balance of directors 5 among the affected area education agencies specified in the 6 reorganization plan is affected by school districts petitioning 7 to be excluded from the reorganization, or if the proposal 8 specified in the plan does not comply with the requirement for 9 proportionate representation, the state board director of the 10 department shall modify the proposal. However, all affected 11 area education agencies affected shall retain at least one 12 member. 13 2. Prior to the organization meeting of the board of 14 directors of the newly formed area education agency, the boards 15 of the former area education agencies shall designate directors 16 to be retained as members to serve on the initial board of 17 the newly formed area education agency. A vacancy occurs if 18 an insufficient number of former board members reside within 19 the newly formed area education agency’s boundaries or if an 20 insufficient number of former board members are willing to 21 serve on the board of the newly formed area education agency. 22 Vacancies, as defined in section 277.29 , in the membership of 23 the newly formed area education agency board shall be filled 24 for the unexpired portion of the term at a director district 25 convention called and conducted in the manner provided in 26 section 273.8 for director district conventions. 27 3. Not later than January 15 of the calendar year in which 28 the reorganization takes effect, the initial board shall call a 29 director district convention under the provisions of section 30 273.8, subsection 3 , for the purpose of electing a board for 31 the reorganized area education agency. The new board shall 32 have control of the employment of all personnel for the newly 33 formed area education agency for the ensuing school year. 34 Following the organization of the new board, the board shall 35 -34- LSB 5189XL (14) 90 jda/jh 34/ 123
S.F. _____ H.F. _____ have authority to establish policy, enter into contracts, and 1 complete such planning and take such action as is essential for 2 the efficient management of the newly formed area education 3 agency. 4 4. The initial board of the newly formed district area 5 education agency shall appoint an acting administrator 6 chairperson and an acting board secretary. The appointment of 7 the acting administrator shall not be subject to the continuing 8 contract provisions of sections 279.20 , 279.23 , and 279.24 . 9 The acting chair shall serve until the executive director of 10 the area education agency appoints a chairperson, who shall 11 serve at the pleasure of the executive director. 12 5. The initial board, or new board if established in time 13 under subsection 3 , of the newly formed agency shall prepare an 14 annual budget estimating income and expenditures for programs 15 and services as provided in sections 273.1 through 273.9 16 and chapter 256B within the limits of funds provided under 17 section 256B.9 and chapter 257 . The board shall give notice 18 of a public hearing on the proposed budget by publication in 19 an official county newspaper in each county in the territory 20 of the area education agency in which the principal place 21 of business of a school district that is a part of the area 22 education agency is located. The notice shall specify the 23 date, which shall not be later than March 1, the time, and 24 the location of the public hearing. The proposed budget as 25 approved by the board shall be submitted to the state board, on 26 forms provided by the department, no later than March 15 for 27 approval. The state board shall review the proposed budget of 28 the newly formed area education agency and shall, before May 29 1, either grant approval or return the budget without approval 30 with comments of the state board included. An unapproved 31 budget shall be resubmitted to the state board for final 32 approval not later than May 15. The state board shall give 33 final approval only to budgets submitted by area education 34 agencies accredited by the state board or that have been given 35 -35- LSB 5189XL (14) 90 jda/jh 35/ 123
S.F. _____ H.F. _____ conditional accreditation by the state board. 1 6. For the school year beginning on the effective date of 2 an area education agency reorganization as provided in this 3 subchapter , the media services cost per pupil as determined 4 under section 257.37 for all districts in a newly formed area 5 education agency for the budget year shall be the highest 6 amount of media services cost per pupil for any of the affected 7 area education agencies. 8 7. For the school year beginning on the effective date 9 of an area education agency reorganization as provided in 10 this subchapter , the educational services cost per pupil as 11 determined under section 257.37 for all districts in a newly 12 formed area education agency for the budget year shall be the 13 highest amount of educational services cost per pupil for any 14 of the affected area education agencies. 15 8. For the school year beginning on the effective date 16 of an area education agency reorganization as provided in 17 this subchapter , the special education support services 18 cost per pupil shall be based upon the combined base year 19 budgets for special education support services of the area 20 education agencies that reorganized to form the newly formed 21 area education agency, divided by the total of the weighted 22 enrollment for special education support services in the 23 reorganized area education agency for the base year plus the 24 supplemental state aid amount per pupil for special education 25 support services for the budget year as calculated in section 26 257.8 . 27 9. 5. Within one year of the effective date of the 28 reorganization, a newly formed area education agency shall meet 29 the accreditation requirements set forth in section 273.10 , 30 and the standards set forth in section 273.11 . The newly 31 formed area education agency shall be considered accredited 32 for purposes of budget approval by the state board pursuant 33 to section 273.3 . The state board shall inform the newly 34 formed area education agency of the accreditation on-site visit 35 -36- LSB 5189XL (14) 90 jda/jh 36/ 123
S.F. _____ H.F. _____ schedule. 1 10. The special education support cost per pupil, the media 2 cost per pupil, and the educational services cost per pupil for 3 a school district petitioning into an area education agency 4 shall be the special education support cost per pupil, media 5 cost per pupil, and educational services cost per pupil of the 6 area education agency into which it petitions if the petition 7 is approved. 8 11. 6. Unless the reorganization of an area education 9 agency takes effect less than two years before the taking 10 of the next federal decennial census, a newly formed area 11 education agency shall, within one year of the effective date 12 of the reorganization, redraw the boundary lines of director 13 districts in the area education agency if a petition filed by a 14 school district to join the newly formed area education agency, 15 or for release from the newly formed area education agency, 16 in accordance with section 273.22, subsections 4, 6, and 7 17 subsection 4 , was approved. Until the boundaries are redrawn, 18 the boundaries for the newly formed area education agency shall 19 be as provided in the reorganization plan approved by the state 20 board director of the department in accordance with section 21 273.21 . 22 Sec. 25. REPEAL. Sections 273.24, 273.25, 273.26, and 23 273.27, Code 2024, are repealed. 24 DIVISION III 25 AREA EDUCATION AGENCIES —— FUNDING 26 Sec. 26. Section 257.1, subsection 2, paragraph b, Code 27 2024, is amended to read as follows: 28 b. For the budget year commencing July 1, 1999, and for 29 each succeeding budget year beginning before July 1, 2022, 30 the regular program foundation base per pupil is eighty-seven 31 and five-tenths percent of the regular program state cost per 32 pupil. For the budget year commencing July 1, 2022, and for 33 each succeeding budget year, the regular program foundation 34 base per pupil is eighty-eight and four-tenths percent of the 35 -37- LSB 5189XL (14) 90 jda/jh 37/ 123
S.F. _____ H.F. _____ regular program state cost per pupil. For the budget year 1 commencing July 1, 1991, and for each succeeding budget year 2 the special education support services foundation base is 3 seventy-nine percent of the special education support services 4 state cost per pupil. The combined foundation base is the sum 5 of the regular program foundation base, the special education 6 support services foundation base, the total teacher salary 7 supplement district cost, the total professional development 8 supplement district cost, the total early intervention 9 supplement district cost, the total teacher leadership 10 supplement district cost, and the total area education agency 11 teacher salary supplement district cost , and the total area 12 education agency professional development supplement district 13 cost . 14 Sec. 27. Section 257.1, subsection 3, Code 2024, is amended 15 to read as follows: 16 3. Computations rounded. In making computations and 17 payments under this chapter , except in the case of computations 18 relating to funding of special education support services , 19 media services, and educational services provided through the 20 area education agencies, and the teacher salary supplement, the 21 professional development supplement, the early intervention 22 supplement, and the teacher leadership supplement, the 23 department of management shall round amounts to the nearest 24 whole dollar. 25 Sec. 28. Section 257.4, subsection 1, paragraph a, 26 subparagraph (7), Code 2024, is amended by striking the 27 subparagraph. 28 Sec. 29. Section 257.9, subsection 10, Code 2024, is amended 29 by striking the subsection. 30 Sec. 30. Section 257.10, subsection 8, paragraph a, Code 31 2024, is amended to read as follows: 32 a. Combined district cost is the sum of the regular program 33 district cost per pupil multiplied by the weighted enrollment, 34 the special education support services district cost, the 35 -38- LSB 5189XL (14) 90 jda/jh 38/ 123
S.F. _____ H.F. _____ total teacher salary supplement district cost, the total 1 professional development supplement district cost, the total 2 early intervention supplement district cost, and the total 3 teacher leadership supplement district cost, plus the sum of 4 the additional district cost allocated to the district to fund 5 media services and educational services provided through the 6 area education agency, the area education agency total teacher 7 salary supplement district cost and the area education agency 8 total professional development supplement district cost . 9 Sec. 31. Section 257.11, subsection 5, paragraph a, 10 subparagraph (2), subparagraph division (b), Code 2024, is 11 amended to read as follows: 12 (b) “Political subdivision” means a city, township, county, 13 school corporation, merged area, area education agency, 14 institution governed by the state board of regents, or any 15 other governmental subdivision except for an area education 16 agency . 17 Sec. 32. Section 257.11, subsection 5, paragraph e, Code 18 2024, is amended to read as follows: 19 e. Supplementary weighting pursuant to this subsection shall 20 be available to an area education agency during the period 21 commencing with the budget year beginning July 1, 2014, through 22 the budget year beginning July 1, 2034 2023 . The minimum 23 amount of additional funding for which an area education 24 agency shall be eligible in a budget year is thirty thousand 25 dollars, and the maximum amount of additional funding for which 26 an area education agency shall be eligible is two hundred 27 thousand dollars. The department of management shall annually 28 set a weighting for each area education agency to generate 29 the approved operational sharing expense using the area 30 education agency’s special education cost per pupil amount and 31 foundation level. Criteria for determining the qualification 32 of operational functions for supplementary weighting shall be 33 determined by the department by rule, through consideration of 34 increased student opportunities. 35 -39- LSB 5189XL (14) 90 jda/jh 39/ 123
S.F. _____ H.F. _____ Sec. 33. Section 257.15, subsection 1, paragraph a, Code 1 2024, is amended to read as follows: 2 a. For the budget year beginning July 1, 1991, the 3 department of management shall calculate for each district the 4 difference between the sum of the revenues generated by the 5 foundation property tax and the additional property tax in the 6 district calculated under this chapter and the revenues that 7 would have been generated by the foundation property tax and 8 the additional property tax in that district for that budget 9 year calculated under chapter 442, Code 1989 , if chapter 442, 10 Code 1989, were in effect, except that the revenues that 11 would have been generated by the additional property tax levy 12 under chapter 442, Code 1989, shall not include revenues 13 generated for the school improvement program. However in 14 making the calculation of the difference in revenues under 15 this subsection , the department shall not include the revenues 16 generated under section 257.37 , Code 1989, and under chapter 17 442, Code 1989 , for funding media and educational services 18 through the area education agencies. If the property tax 19 revenues for a district calculated under this chapter exceed 20 the property tax revenues for that district calculated under 21 chapter 442, Code 1989 , the department of management shall 22 reduce the revenues raised by the additional property tax levy 23 in that district under this chapter by that difference and 24 the department of education shall pay property tax adjustment 25 aid to the district equal to that difference from moneys 26 appropriated for property tax adjustment aid. 27 Sec. 34. Section 257.16, subsection 4, Code 2024, is amended 28 to read as follows: 29 4. Notwithstanding any provision to the contrary, if 30 the governor orders budget reductions in accordance with 31 section 8.31 , the teacher salary supplement district cost, 32 the professional development supplement district cost, the 33 early intervention supplement district cost, and the teacher 34 leadership supplement district cost as calculated under section 35 -40- LSB 5189XL (14) 90 jda/jh 40/ 123
S.F. _____ H.F. _____ 257.10, subsections 9, 10, 11, and 12 , and the area education 1 agency teacher salary supplement district cost and the area 2 education agency professional development supplement district 3 cost as calculated under section 257.37A, subsections 1 and 2, 4 shall be paid in full as calculated and the reductions in the 5 appropriations provided in accordance with this section shall 6 be reduced from the remaining moneys appropriated pursuant 7 to this section and shall be distributed on a per pupil 8 basis calculated with the weighted enrollment determined in 9 accordance with section 257.6, subsection 5 . 10 Sec. 35. Section 257.32, subsection 1, paragraph a, Code 11 2024, is amended to read as follows: 12 a. An area education agency budget review procedure is 13 established for the school budget review committee created 14 in section 257.30 . The school budget review committee, in 15 addition to its duties under section 257.31 , shall meet and 16 hold hearings each year to review unusual circumstances of 17 area education agencies, either upon the committee’s motion or 18 upon the request of an area education agency. The committee 19 may grant supplemental aid to the area education agency from 20 funds appropriated to the department of education for area 21 education agency budget review purposes, or an amount may be 22 added to the area education agency special education support 23 services modified supplemental amount for districts in an area 24 or an additional amount may be added to district cost for media 25 services or educational services for all districts in an area 26 for the budget year either on a temporary or permanent basis , 27 or both . 28 Sec. 36. Section 257.32, subsection 1, paragraph b, 29 subparagraphs (2) and (3), Code 2024, are amended by striking 30 the subparagraphs. 31 Sec. 37. Section 257.35, subsections 1, 17, and 19, Code 32 2024, are amended to read as follows: 33 1. The department of management shall deduct the amounts 34 calculated for special education support services , media 35 -41- LSB 5189XL (14) 90 jda/jh 41/ 123
S.F. _____ H.F. _____ services, and area education agency teacher salary supplement 1 district cost , area education agency professional development 2 supplement district cost, and educational services for each 3 school district from the state aid due to the district pursuant 4 to this chapter that has entered into an agreement with the 5 area education agency pursuant to section 273.7A to provide 6 services for the applicable budget year and shall pay the 7 amounts to the respective area education agencies on a monthly 8 basis from September 15 through June 15 during each school 9 year. The department of management shall notify each school 10 district of the amount of state aid deducted for these purposes 11 and the balance of state aid shall be paid to the district. If 12 a district does not qualify for state aid under this chapter 13 in an amount sufficient to cover its amount due to the area 14 education agency as calculated by the department of management, 15 the school district shall pay the deficiency to the area 16 education agency from other moneys received by the district, on 17 a quarterly basis during each school year. 18 17. a. Notwithstanding subsection 1 , and in addition to the 19 reductions applicable pursuant to subsection 2 and paragraph 20 “b” of this subsection , the state aid for area education 21 agencies and the portion of the combined district cost 22 calculated for these agencies related to expenditures other 23 than expenditures for professional development for the fiscal 24 year beginning July 1, 2022, and ending June 30, 2023, shall 25 be reduced by the department of management by fifteen million 26 dollars. The reduction for each area education agency shall be 27 prorated based on the reduction that the agency received in the 28 fiscal year beginning July 1, 2003. 29 b. Notwithstanding subsection 1 , and in addition to 30 the reductions applicable pursuant to subsection 2 and 31 paragraph “a” of this subsection , the state aid for area 32 education agencies and the portion of the combined district 33 cost calculated for these agencies related to professional 34 development expenditures for the fiscal year beginning July 35 -42- LSB 5189XL (14) 90 jda/jh 42/ 123
S.F. _____ H.F. _____ 1, 2022, and ending June 30, 2023, shall be reduced by the 1 department of management by an amount equal to the sum of the 2 area education agency professional development supplement 3 district cost for all area education agencies determined under 4 section 257.37A, subsection 2 , Code 2022, for the budget 5 year beginning July 1, 2022. The reduction for each area 6 education agency shall be equal to the area education agency’s 7 professional development district cost determined under section 8 257.37A, subsection 2 , Code 2022, for the budget year beginning 9 July 1, 2022. The amounts reduced under this paragraph shall 10 be considered funds paid to school districts and area education 11 agencies under chapter 284 for purposes of requirements for 12 providing professional development opportunities. 13 19. Notwithstanding section 257.37 , an An area education 14 agency may use the funds determined to be available under this 15 section in a manner which the area education agency determines 16 is appropriate to best maintain the level of required area 17 education agency special education services. An area education 18 agency may also use unreserved fund balances for media services 19 or education services , as received under section 257.37, Code 20 2024, in a manner which the area education agency determines 21 is appropriate to best maintain the level of required area 22 education agency special education services. 23 Sec. 38. Section 257.37A, Code 2024, is amended to read as 24 follows: 25 257.37A Area education agency salary supplement funding. 26 1. Area education agency teacher salary supplement cost per 27 pupil and district cost. 28 a. 1. For the budget year beginning July 1, 2009, the 29 department of management shall add together the teacher 30 compensation allocation made to each area education agency for 31 the fiscal year beginning July 1, 2008, pursuant to section 32 284.13, subsection 1 , paragraph “i” , Code 2009, and the phase II 33 allocation made to each area education agency for the fiscal 34 year beginning July 1, 2008, pursuant to section 294A.9, Code 35 -43- LSB 5189XL (14) 90 jda/jh 43/ 123
S.F. _____ H.F. _____ 2009 , and divide that sum by the special education support 1 services weighted enrollment in the fiscal year beginning July 2 1, 2009, to determine the area education agency teacher salary 3 supplement cost per pupil. For the budget year beginning July 4 1, 2010, and succeeding budget years, the area education agency 5 teacher salary supplement district cost per pupil for each area 6 education agency for a budget year is the area education agency 7 teacher salary supplement district cost per pupil for the base 8 year plus the area education agency teacher salary supplement 9 supplemental state aid amount for the budget year. 10 b. 2. For the budget year beginning July 1, 2010, and 11 succeeding budget years, if the department of management 12 determines that the unadjusted area education agency teacher 13 salary supplement district cost of an area education agency 14 for a budget year is less than one hundred percent of the 15 unadjusted area education agency teacher salary supplement 16 district cost for the base year for the area education agency, 17 the area education agency shall receive a budget adjustment for 18 that budget year equal to the difference. 19 c. (1) 3. a. The unadjusted area education agency 20 teacher salary supplement district cost is the area education 21 agency teacher salary supplement district cost per pupil for 22 each area education agency for a budget year multiplied by the 23 special education support services weighted enrollment for that 24 area education agency. 25 (2) b. The total area education agency teacher salary 26 supplement district cost is the sum of the unadjusted area 27 education agency teacher salary supplement district cost plus 28 the budget adjustment for that budget year. 29 d. 4. For the budget year beginning July 1, 2009, the 30 use of the funds calculated under this subsection section 31 shall comply with requirements of chapter 284 and shall be 32 distributed to teachers pursuant to section 284.3A . For the 33 budget year beginning July 1, 2010, and succeeding budget 34 years, the use of the funds calculated under this subsection 35 -44- LSB 5189XL (14) 90 jda/jh 44/ 123
S.F. _____ H.F. _____ section and fund balances received for area education agency 1 professional development for a budget year beginning before 2 July 1, 2024, shall comply with the requirements of chapter 3 284 and shall be distributed to teachers pursuant to section 4 284.3A . 5 2. Area education agency professional development supplement 6 cost per pupil and district cost. 7 a. For the budget year beginning July 1, 2009, the 8 department of management shall divide the area education 9 agency professional development supplement made to each 10 area education agency for the fiscal year beginning July 1, 11 2008, pursuant to section 284.13, subsection 1 , paragraph 12 “d” , Code 2009, by the special education support services 13 weighted enrollment in the fiscal year beginning July 1, 2009, 14 to determine the professional development supplement cost 15 per pupil. For the budget year beginning July 1, 2010, and 16 succeeding budget years, the area education agency professional 17 development supplement district cost per pupil for each area 18 education agency for a budget year is the area education agency 19 professional development supplement district cost per pupil 20 for the base year plus the area education agency professional 21 development supplement supplemental state aid amount for the 22 budget year. 23 b. For the budget year beginning July 1, 2010, and 24 succeeding budget years, if the department of management 25 determines that the unadjusted area education agency 26 professional development supplement district cost of an area 27 education agency for a budget year is less than one hundred 28 percent of the unadjusted area education agency professional 29 development supplement district cost for the base year for 30 the area education agency, the area education agency shall 31 receive a budget adjustment for that budget year equal to the 32 difference. 33 c. (1) The unadjusted area education agency professional 34 development supplement district cost is the area education 35 -45- LSB 5189XL (14) 90 jda/jh 45/ 123
S.F. _____ H.F. _____ agency professional development supplement district cost 1 per pupil for each area education agency for a budget year 2 multiplied by the special education support services weighted 3 enrollment for that area education agency. 4 (2) The total area education agency professional 5 development supplement district cost is the sum of the 6 unadjusted area education agency professional development 7 supplement district cost plus the budget adjustment for that 8 budget year. 9 d. The use of the funds calculated under this subsection 10 shall comply with requirements of chapter 284 . 11 Sec. 39. Section 284.3A, subsection 4, Code 2024, is amended 12 to read as follows: 13 4. The teacher salary supplement district cost as 14 calculated under section 257.10, subsection 9 , and the area 15 education agency teacher salary supplement district cost as 16 calculated under section 257.37A , subsection 1, are not subject 17 to a uniform reduction in accordance with section 8.31 . 18 Sec. 40. Section 284.4, subsection 1, paragraph b, 19 subparagraph (3), Code 2024, is amended to read as follows: 20 (3) Determine, following the adoption of the Iowa 21 professional development model by the state board of education, 22 the use and distribution of the professional development 23 funds calculated and paid to the school district or agency as 24 provided in section 257.9, subsection 10 , or section 257.10, 25 subsection 10 , based upon school district or agency , attendance 26 center, and individual teacher and professional development 27 plans. 28 Sec. 41. Section 284.6, subsections 8 and 9, Code 2024, are 29 amended to read as follows: 30 8. For each year in which a school district receives funds 31 calculated and paid to school districts for professional 32 development pursuant to section 257.10, subsection 10 , or 33 section 257.37A, subsection 2 , the school district shall create 34 quality professional development opportunities. Not less than 35 -46- LSB 5189XL (14) 90 jda/jh 46/ 123
S.F. _____ H.F. _____ thirty-six hours in the school calendar, held outside of the 1 minimum school day, shall be set aside during nonpreparation 2 time or designated professional development time to allow 3 practitioners to collaborate with each other to deliver 4 educational programs and assess student learning, or to engage 5 in peer review pursuant to section 284.8, subsection 1 . The 6 funds may be used to implement the professional development 7 provisions of the teacher career paths and leadership roles 8 specified in section 284.15 , including but not limited to 9 providing professional development to teachers, including 10 additional salaries for time beyond the normal negotiated 11 agreement; activities and pay to support a beginning teacher 12 mentoring and induction program that meets the requirements 13 of section 284.5 ; pay for substitute teachers, professional 14 development materials, speakers, and professional development 15 content; textbooks and curriculum materials used for classroom 16 purposes if such textbooks and curriculum materials include 17 professional development; administering assessments pursuant to 18 section 256.7, subsection 21 , paragraph “b” , subparagraphs (1) 19 and (2), if such assessments include professional development; 20 and costs associated with implementing the individual 21 professional development plans. The use of the funds shall 22 be balanced between school district, attendance center, 23 and individual professional development plans, making every 24 reasonable effort to provide equal access to all teachers. 25 9. Moneys received pursuant to section 257.10, subsection 26 10 , or section 257.37A, subsection 2 , shall be maintained 27 as a separate listing within a school district’s or area 28 education agency’s budget for funds received and expenditures 29 made pursuant to this subsection . The department shall not 30 require a school district or area education agency to allocate 31 a specific amount or percentage of moneys received pursuant to 32 section 257.10, subsection 10 , or section 257.37A, subsection 33 2 , for professional development related to implementation of 34 the core curriculum under section 256.7, subsection 26 . A 35 -47- LSB 5189XL (14) 90