Senate
File
2231
-
Introduced
SENATE
FILE
2231
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SF
2060)
A
BILL
FOR
An
Act
relating
to
eligibility
and
participation
requirements
1
for
certain
education
programs,
preschool
programs,
and
2
tax
provisions,
and
including
retroactive
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
256C.3,
subsection
4,
paragraph
b,
Code
1
2026,
is
amended
to
read
as
follows:
2
b.
(1)
Subject
to
implementation
of
chapter
28E
agreements
3
between
a
school
district
and
community-based
providers
of
4
services
to
four-year-old
children,
a
four-year-old
child
who
5
is
enrolled
in
a
child
care
center
or
child
development
home
6
licensed
or
registered
under
chapter
237A
,
or
in
an
existing
7
public
or
private
preschool
program,
shall
be
eligible
for
8
services
provided
by
the
school
district’s
local
preschool
9
program.
10
(2)
Upon
the
request
of
a
community-based
provider,
a
11
school
district
shall
enter
into
a
chapter
28E
agreement
with
a
12
community-based
provider
to
allow
the
community-based
provider
13
to
provide
high-quality
instruction
as
part
of
the
approved
14
local
program.
15
(3)
A
chapter
28E
agreement
entered
into
pursuant
to
this
16
paragraph
shall
not
limit
the
number
of
eligible
students
who
17
may
receive
high-quality
instruction
from
a
community-based
18
provider
as
part
of
the
approved
local
program.
19
(4)
(a)
This
paragraph
shall
not
be
construed
to
authorize
20
the
state
or
any
political
subdivision
of
the
state
to
exercise
21
authority
over
any
community-based
provider
or
construed
to
22
require
a
community-based
provider
to
modify
its
academic
23
standards
for
admission
or
educational
program
in
order
to
24
receive
preschool
foundation
aid
pursuant
to
section
256C.4,
25
subsection
1,
paragraph
“h”
.
26
(b)
This
paragraph
shall
not
be
construed
to
expand
the
27
authority
of
the
state
or
any
political
subdivision
of
the
28
state
to
impose
regulations
upon
any
community-based
provider
29
that
are
not
necessary
to
implement
the
community-based
30
provider’s
participation
in
the
preschool
program.
31
(c)
A
community-based
provider
that
accepts
preschool
32
foundation
aid
pursuant
to
section
256C.4,
subsection
1,
33
paragraph
“h”
,
is
not
an
agent
of
this
state
or
of
a
political
34
subdivision
of
this
state.
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(d)
Rules
adopted
by
the
state
board
to
implement
this
1
chapter
that
impose
an
undue
burden
on
a
community-based
2
provider
are
invalid.
3
(e)
A
community-based
provider
that
accepts
preschool
4
foundation
aid
pursuant
to
section
256C.4,
subsection
1,
5
paragraph
“h”
,
shall
be
given
the
maximum
freedom
possible
to
6
provide
for
the
educational
needs
of
the
children
participating
7
in
the
community-based
provider’s
program,
consistent
with
8
state
and
federal
law.
9
Sec.
2.
Section
261A.34,
subsection
4,
Code
2026,
is
amended
10
to
read
as
follows:
11
4.
“Property”
means
the
real
estate
upon
which
a
project
12
is
or
will
be
located,
including
equipment,
machinery,
and
13
other
similar
items
necessary
or
convenient
for
the
operation
14
of
the
project
in
the
manner
for
which
its
use
is
intended,
15
but
not
including
such
items
as
fuel,
supplies,
or
other
items
16
that
are
customarily
deemed
to
result
in
a
current
operation
17
charge.
Property
does
not
include
property
used
or
to
be
used
18
primarily
for
sectarian
instruction
or
study,
or
as
a
place
for
19
devotional
activities
or
religious
worship,
or
any
property
20
which
is
used
or
to
be
used
primarily
in
connection
with
any
21
part
of
the
program
of
a
school
or
department
of
divinity
22
for
any
religious
denomination
or
the
training
of
ministers,
23
priests,
rabbis,
or
other
professional
persons
in
the
field
of
24
religion.
25
Sec.
3.
Section
261E.6,
subsection
3,
Code
2026,
is
amended
26
to
read
as
follows:
27
3.
Authorization.
To
participate
in
this
program,
an
28
eligible
student
shall
make
application
to
an
eligible
29
postsecondary
institution
to
allow
the
eligible
student
to
30
enroll
for
college
credit
in
a
nonsectarian
course
offered
at
31
the
institution.
A
comparable
course,
as
defined
in
rules
32
adopted
by
the
board
of
directors
of
the
school
district
33
consistent
with
department
administrative
rule,
must
not
be
34
offered
by
the
school
district
or
accredited
nonpublic
school
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the
student
attends.
A
course
is
ineligible
for
purposes
1
of
this
section
if
the
school
district
has
a
contractual
2
agreement
with
the
eligible
postsecondary
institution
under
3
section
261E.8
that
meets
the
requirements
of
section
257.11,
4
subsection
3
,
and
the
course
may
be
delivered
through
such
an
5
agreement
in
accordance
with
section
257.11,
subsection
3
.
6
If
the
postsecondary
institution
accepts
an
eligible
student
7
for
enrollment
under
this
section
,
the
institution
shall
send
8
written
notice
to
the
student,
the
student’s
parent
or
legal
9
guardian
in
the
case
of
a
minor
child,
and
the
student’s
10
school
district
or
accredited
nonpublic
school
and
the
school
11
district
in
the
case
of
a
nonpublic
school
student,
or
the
Iowa
12
school
for
the
deaf.
The
notice
shall
list
the
course,
the
13
clock
hours
the
student
will
be
attending
the
course,
and
the
14
number
of
hours
of
college
credit
that
the
eligible
student
15
will
receive
from
the
eligible
postsecondary
institution
upon
16
successful
completion
of
the
course.
17
Sec.
4.
Section
261E.8,
subsections
1
and
3,
Code
2026,
are
18
amended
to
read
as
follows:
19
1.
A
district-to-community
college
sharing
or
concurrent
20
enrollment
program
is
established
to
be
administered
by
the
21
department
to
promote
rigorous
academic
or
career
and
technical
22
pursuits
and
to
provide
a
wider
variety
of
options
to
high
23
school
students
to
enroll
in
eligible
nonsectarian
courses
at
24
or
through
community
colleges
established
under
chapter
260C
.
25
The
program
shall
be
made
available
to
all
resident
students
26
in
grades
nine
through
twelve.
Notice
of
the
availability
of
27
the
program
shall
be
included
in
a
school
district’s
student
28
registration
handbook
and
the
handbook
shall
identify
which
29
courses,
if
successfully
completed,
generate
college
credit
30
under
the
program.
A
student
and
the
student’s
parent
or
legal
31
guardian
shall
also
be
made
aware
of
this
program
as
a
part
of
32
the
development
of
the
student’s
career
and
academic
plan
in
33
accordance
with
section
279.61
.
34
3.
A
student
may
make
application
to
a
community
college
and
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the
school
district
to
allow
the
student
to
enroll
for
college
1
credit
in
a
nonsectarian
course
offered
by
the
community
2
college.
A
comparable
course,
as
defined
in
rules
adopted
3
by
the
board
of
directors
of
the
school
district,
must
not
4
be
offered
by
the
school
district
or
accredited
nonpublic
5
school
which
the
student
attends.
The
school
board
shall
6
annually
approve
courses
to
be
made
available
for
high
school
7
credit
using
locally
developed
criteria
that
establishes
8
which
courses
will
provide
the
student
with
academic
rigor
9
and
will
prepare
the
student
adequately
for
transition
to
a
10
postsecondary
institution.
If
a
community
college
accepts
a
11
student
for
enrollment
under
this
section
,
the
school
district,
12
in
collaboration
with
the
community
college,
shall
send
13
written
notice
to
the
student,
the
student’s
parent
or
legal
14
guardian
in
the
case
of
a
minor
child,
and
the
student’s
school
15
district.
The
notice
shall
list
the
course,
the
clock
hours
16
the
student
will
be
attending
the
course,
and
the
number
of
17
hours
of
college
credit
that
the
student
will
receive
from
the
18
community
college
upon
successful
completion
of
the
course.
19
Sec.
5.
Section
301.1,
subsection
2,
Code
2026,
is
amended
20
to
read
as
follows:
21
2.
Textbooks
adopted
and
purchased
by
a
school
district
22
shall,
to
the
extent
funds
are
appropriated
by
the
general
23
assembly,
be
made
available
to
pupils
attending
accredited
24
nonpublic
schools
upon
request
of
the
pupil
or
the
pupil’s
25
parent
under
comparable
terms
as
made
available
to
pupils
26
attending
public
schools.
If
the
general
assembly
appropriates
27
moneys
for
purposes
of
making
textbooks
available
to
accredited
28
nonpublic
school
pupils,
the
department
of
education
shall
29
ascertain
the
amount
available
to
a
school
district
for
the
30
purchase
of
nonsectarian,
nonreligious
textbooks
for
pupils
31
attending
accredited
nonpublic
schools.
The
amount
shall
be
32
in
the
proportion
that
the
basic
enrollment
of
a
participating
33
accredited
nonpublic
school
bears
to
the
sum
of
the
basic
34
enrollments
of
all
participating
accredited
nonpublic
schools
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in
the
state
for
the
budget
year.
For
purposes
of
this
1
section
,
a
“participating
accredited
nonpublic
school”
means
2
an
accredited
nonpublic
school
that
submits
a
written
request
3
on
behalf
of
the
school’s
pupils
in
accordance
with
this
4
subsection
,
and
that
certifies
its
actual
enrollment
to
the
5
department
of
education
by
October
1,
annually.
By
November
6
1,
annually,
the
department
of
education
shall
certify
to
7
the
director
of
the
department
of
administrative
services
8
the
annual
amount
to
be
paid
to
each
school
district,
and
9
the
director
of
the
department
of
administrative
services
10
shall
draw
warrants
payable
to
school
districts
in
accordance
11
with
this
subsection
.
For
purposes
of
this
subsection
,
12
an
accredited
nonpublic
school’s
enrollment
count
shall
13
include
only
students
who
are
residents
of
Iowa.
The
costs
14
of
providing
textbooks
to
accredited
nonpublic
school
pupils
15
as
provided
in
this
subsection
shall
not
be
included
in
the
16
computation
of
district
cost
under
chapter
257
,
but
shall
be
17
shown
in
the
budget
as
an
expense
from
miscellaneous
income.
18
Textbook
expenditures
made
in
accordance
with
this
subsection
19
shall
be
kept
on
file
in
the
school
district.
In
the
event
20
that
a
participating
accredited
nonpublic
school
physically
21
relocates
to
another
school
district,
textbooks
purchased
for
22
the
nonpublic
school
with
funds
appropriated
for
purposes
23
of
this
chapter
shall
be
transferred
to
the
school
district
24
in
which
the
nonpublic
school
has
relocated
and
may
be
made
25
available
to
the
nonpublic
school.
Funds
distributed
to
26
a
school
district
for
purposes
of
purchasing
textbooks
in
27
accordance
with
this
subsection
which
remain
unexpended
and
28
available
for
the
purchase
of
textbooks
for
the
nonpublic
29
school
that
relocated
in
the
fiscal
year
in
which
the
funds
30
were
distributed
shall
also
be
transferred
to
the
school
31
district
in
which
the
nonpublic
school
has
relocated.
32
Sec.
6.
Section
331.901,
subsection
5,
Code
2026,
is
amended
33
by
striking
the
subsection.
34
Sec.
7.
Section
331.901,
subsection
7,
Code
2026,
is
amended
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to
read
as
follows:
1
7.
A
county
officer,
deputy
officer,
or
employee
who
2
violates
subsection
4
or
5
is
guilty
of
a
simple
misdemeanor.
3
Sec.
8.
Section
422.12,
subsection
1,
paragraphs
e
and
f,
4
Code
2026,
are
amended
to
read
as
follows:
5
e.
“Textbooks”
means
books
and
other
instructional
materials
6
and
equipment
used
in
elementary
and
secondary
schools
in
7
teaching
only
those
subjects
legally
and
commonly
taught
in
8
public
elementary
and
secondary
schools
in
this
state
and
9
does
not
include
instructional
books
and
materials
used
in
10
the
teaching
of
religious
tenets,
doctrines,
or
worship,
the
11
purpose
of
which
is
to
inculcate
those
tenets,
doctrines,
or
12
worship
.
“Textbooks”
includes
books
or
materials
used
for
13
extracurricular
activities
including
sporting
events,
musical
14
or
dramatic
events,
speech
activities,
driver’s
education,
or
15
programs
of
a
similar
nature.
16
f.
“Tuition”
means
any
charges
for
the
expenses
of
17
personnel,
buildings,
equipment,
and
materials
other
than
18
textbooks,
and
other
expenses
of
elementary
or
secondary
19
schools
which
relate
to
the
teaching
only
of
those
subjects
20
legally
and
commonly
taught
in
public
elementary
and
21
secondary
schools
in
this
state
and
which
do
not
relate
to
22
the
teaching
of
religious
tenets,
doctrines,
or
worship,
the
23
purpose
of
which
is
to
inculcate
those
tenets,
doctrines,
or
24
worship
.
“Tuition”
includes
those
expenses
which
relate
to
25
extracurricular
activities
including
sporting
events,
musical
26
or
dramatic
events,
speech
activities,
driver’s
education,
or
27
programs
of
a
similar
nature.
28
Sec.
9.
Section
422.12C,
subsection
2,
paragraph
b,
29
subparagraph
(2),
Code
2026,
is
amended
by
striking
the
30
subparagraph.
31
Sec.
10.
RETROACTIVE
APPLICABILITY.
The
following
sections
32
of
this
Act
apply
retroactively
to
January
1,
2026,
for
tax
33
years
beginning
on
or
after
that
date:
34
1.
The
section
of
this
Act
amending
section
422.12,
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subsection
1,
paragraphs
“e”
and
“f”.
1
2.
The
section
of
this
Act
amending
section
422.12C,
2
subsection
2,
paragraph
“b”,
subparagraph
(2).
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
eligibility
and
participation
7
requirements
for
certain
education
programs,
preschool
8
programs,
and
tax
provisions.
9
Under
current
law,
a
school
district
may
enter
into
a
Code
10
chapter
28E
agreement
with
a
community-based
provider
with
11
respect
to
the
statewide
preschool
program
for
four-year-old
12
children.
If
a
school
district
does
so,
pupils
enrolled
in
13
the
school
district’s
approved
local
program
may
receive
14
services
from
the
community-based
provider,
and
not
less
than
15
95
percent
of
the
per
pupil
amount
paid
to
the
school
district
16
under
the
statewide
preschool
program
must
be
passed
through
17
to
the
community-based
provider.
The
bill
requires
a
school
18
district,
upon
the
request
of
a
community-based
provider,
to
19
enter
into
a
Code
chapter
28E
agreement
with
the
provider
to
20
allow
the
provider
to
deliver
high-quality
instruction
as
part
21
of
the
district’s
approved
local
preschool
program.
The
bill
22
specifies
that
a
Code
chapter
28E
agreement
entered
into
under
23
the
bill
shall
not
limit
the
number
of
eligible
students
who
24
may
receive
high-quality
instruction
from
a
community-based
25
provider.
26
The
bill
provides
limitations
on
state
and
political
27
subdivision
authority
with
respect
to
community-based
providers
28
participating
in
the
preschool
program.
Specifically,
the
bill
29
provides
that
a
community-based
provider’s
participation
in
30
the
preschool
program
shall
not
be
construed
to
authorize
the
31
state
or
a
political
subdivision
to
exercise
authority
over
a
32
community-based
provider
or
to
require
a
provider
to
modify
33
its
academic
standards,
admissions,
or
educational
program
34
as
a
condition
of
receiving
preschool
foundation
aid.
The
35
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S.F.
2231
bill
provides
that
a
community-based
provider’s
participation
1
in
the
preschool
program
shall
not
be
construed
to
expand
2
the
authority
of
the
state
or
a
political
subdivision
to
3
impose
regulations
on
a
community-based
provider
that
are
not
4
necessary
to
implement
the
provider’s
participation
in
the
5
preschool
program.
6
The
bill
provides
that
a
community-based
provider
that
7
accepts
preschool
foundation
aid
is
not
an
agent
of
the
8
state
or
of
a
political
subdivision
of
the
state.
Rules
9
adopted
by
the
state
board
that
impose
an
undue
burden
on
a
10
community-based
provider
are
invalid.
The
bill
also
provides
11
that
a
community-based
provider
accepting
preschool
foundation
12
aid
shall
be
given
the
maximum
freedom
possible
to
meet
the
13
educational
needs
of
participating
children,
consistent
with
14
state
and
federal
law.
15
The
bill
amends
the
higher
education
facilities
program
by
16
removing
the
exclusion
of
property
used
for
sectarian
study
17
from
the
definition
of
eligible
property.
18
The
bill
amends
the
postsecondary
enrollment
options
program
19
and
the
district-to-community
college
sharing
or
concurrent
20
enrollment
program
by
removing
the
nonsectarian
course
21
requirement.
22
The
bill
amends
textbook
assistance
for
accredited
nonpublic
23
schools
by
removing
religious
limitations
on
the
type
of
24
textbooks
that
may
be
purchased.
25
The
bill
strikes
duties
of
county
officers
that
prohibit
26
the
appropriation,
grant,
or
loan
of
public
funds
to
certain
27
institutions
or
entities
under
ecclesiastical
or
sectarian
28
management
or
control
and
makes
a
conforming
change
as
result
29
of
the
strike.
30
The
bill
removes
exclusions
of
sectarian
books
and
expenses
31
that
relate
to
the
teaching
of
religion
from
the
definitions
of
32
textbooks
and
tuition
for
purposes
of
the
tuition
and
textbook
33
tax
credit.
This
provision
of
the
bill
applies
retroactively
34
to
January
1,
2026,
for
tax
years
beginning
on
or
after
that
35
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2231
date.
1
Lastly,
the
bill
strikes
exclusions
of
certain
religious
2
services,
materials,
or
activities
from
the
definition
of
3
“early
childhood
development
expenses”
for
purposes
of
the
4
early
childhood
development
tax
credit.
This
provision
of
the
5
bill
applies
retroactively
to
January
1,
2026,
for
tax
years
6
beginning
on
or
after
that
date.
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