Senate File 2329 - Introduced SENATE FILE 2329 BY TRONE GARRIOTT A BILL FOR An Act relating to education, including by modifying provisions 1 related to the duties and powers of area education agencies, 2 the department of education, and area education agency 3 funding, and including effective date and applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5602XS (3) 91 jda/jh
S.F. 2329 DIVISION I 1 AREA EDUCATION AGENCIES —— PROGRAMMATIC CHANGES 2 Section 1. Section 256B.3, subsection 16, Code 2026, is 3 amended by striking the subsection. 4 Sec. 2. Section 273.2, subsections 1 and 3, Code 2026, are 5 amended to read as follows: 6 1. There are established throughout the state nine area 7 education agencies, each of which is under the general 8 supervision of the director of the department of education, 9 except as otherwise provided in this chapter governed by an 10 area education agency board of directors . Each area education 11 agency shall have an area education agency board of directors 12 that shall serve in an advisory capacity. The boundaries of an 13 area education agency shall not divide a school district. The 14 director of the department of education shall change boundaries 15 of area education agencies to take into account mergers of 16 local school districts and changes in boundaries of local 17 school districts, when necessary to maintain the policy of this 18 chapter that a local school district shall not be a part of 19 more than one area education agency. 20 3. a. The area education agency board shall furnish 21 educational services and programs as provided in section 273.1 , 22 this section , sections 273.3 through 273.8 , and chapter 256B 23 to pupils enrolled in public or nonpublic schools located 24 within its boundaries which are on the list of accredited 25 schools pursuant to section 256.11 , which request to receive 26 such services . The programs and services provided shall be 27 at least commensurate with programs and services existing on 28 July 1, 1974. The programs and services provided to pupils 29 enrolled in nonpublic schools shall be comparable to programs 30 and services provided to pupils enrolled in public schools 31 within constitutional guidelines. 32 b. The area education agency may furnish evidence-based 33 professional development services to public or nonpublic 34 schools which are on the list of accredited schools pursuant 35 -1- LSB 5602XS (3) 91 jda/jh 1/ 25
S.F. 2329 to section 256.11 if any of the following requirements are 1 satisfied: 2 (1) The professional development service is included on the 3 list developed by the director of the department of education 4 pursuant to section 256.9, subsection 36 . 5 (2) The director of the department of education grants 6 approval to the area education agency to furnish the 7 evidence-based professional development services. 8 Sec. 3. Section 273.2, subsections 5 and 14, Code 2026, are 9 amended by striking the subsections. 10 Sec. 4. Section 273.3, subsections 1, 11, and 12, Code 2026, 11 are amended to read as follows: 12 1. Advise and consult with Determine the policies of the 13 area education agency on policies and procedures for providing 14 programs and services. 15 11. Employ personnel to carry out the functions of the 16 area education agency, which shall include the employment of 17 an administrator who shall possess a license issued under 18 chapter 256, subchapter VII, part 3 . The administrator shall 19 be employed pursuant to section 279.20 and sections 279.23 , 20 279.24 , and 279.25 . The salary for an area education agency 21 administrator shall be established by the board based upon 22 the previous experience and education of the administrator ; 23 provided, however, that the salary for an area education 24 agency administrator shall not exceed one hundred twenty-five 25 percent of the average salary of all superintendents of the 26 school districts that are located within the boundaries of the 27 area education agency at the time the employment agreement is 28 entered into or renewed between an area education agency and an 29 area education agency administrator . Section 279.13 applies to 30 the area education agency board and to all teachers employed by 31 the area education agency. Sections 279.23 , 279.24 , and 279.25 32 apply to the area education board and to all administrators 33 employed by the area education agency. Section 279.69 applies 34 to the area education agency board and employees of the board, 35 -2- LSB 5602XS (3) 91 jda/jh 2/ 25
S.F. 2329 including part-time, substitute, or contract employees, who 1 provide services to a school or school district. 2 12. Area education agencies shall prepare Prepare an annual 3 budget estimating income and expenditures for programs and 4 services as provided in sections 273.1 , 273.2 , this section , 5 sections 273.4 through 273.8 , and chapter 256B within the 6 limits of funds provided under section 256B.9 and chapter 257 . 7 The board shall submit the proposed budget to the director 8 of the department of education for approval not later than 9 March 1 of each year, and the director shall either approve or 10 reject the proposed budget for changes within ten days after 11 submission post notice of a public hearing on the proposed 12 budget on the area education agency’s internet site and by 13 publication in the newspaper of general circulation in the 14 territory of the area education agency in which the principal 15 place of business of a school district that is part of the 16 area education agency is located. The notice shall specify 17 the date, which shall not be later than March 1 of each 18 year, the time, and the location of the public hearing . The 19 proposed budget as approved by the director of the department 20 of education board shall then be submitted to the state board 21 of education, on forms provided by the department, no later 22 than March 15 preceding the next fiscal year for approval. 23 The state board shall review the proposed budget of each 24 area education agency and shall before May 1, either grant 25 approval or return the budget without approval with comments 26 of the state board included. An unapproved budget shall be 27 resubmitted to the state board for final approval not later 28 than May 15. The state board shall give final approval only to 29 budgets submitted by area education agencies accredited by the 30 state board or that have been given conditional accreditation 31 by the state board. 32 Sec. 5. Section 273.3, subsection 26, Code 2026, is amended 33 by striking the subsection. 34 Sec. 6. Section 273.5, unnumbered paragraph 1, Code 2026, 35 -3- LSB 5602XS (3) 91 jda/jh 3/ 25
S.F. 2329 is amended to read as follows: 1 There shall be established a division of special education 2 of the area education agency which shall provide for special 3 education programs and services to the local school districts. 4 The division of special education shall be headed by a director 5 of special education who meets certification standards of the 6 department of education. The director of special education 7 shall be an employee of the division of special education of 8 the department of education. The director of special education 9 shall not be an employee of the area education agency, shall 10 not receive compensation from the area education agency, shall 11 not supervise or manage employees of the area education agency, 12 and shall not directly provide special education services for 13 the agency. The director of special education’s primary job 14 duties and responsibilities to the area education agency are 15 to provide oversight of the area education agency’s special 16 education services. The director of special education shall 17 also have the responsibility for implementation of state 18 regulations and guidelines relating to special education 19 programs and services. The director of special education shall 20 have the following powers and duties: 21 Sec. 7. Section 273.8, subsection 1, Code 2026, is amended 22 by striking the subsection and inserting in lieu thereof the 23 following: 24 1. Board of directors. The board of directors of an area 25 education agency shall consist of not less than five nor more 26 than nine members, each a resident of and elected in the 27 manner provided in this section from a director district that 28 is approximately equal in population to the other director 29 districts in the area education agency. Each director shall 30 serve a four-year term which commences at the organization 31 meeting. 32 Sec. 8. Section 273.8, subsection 2, paragraphs c and d, 33 Code 2026, are amended to read as follows: 34 c. The board of each separate school district that is 35 -4- LSB 5602XS (3) 91 jda/jh 4/ 25
S.F. 2329 located entirely or partially inside an area education agency 1 director district shall cast a vote for director of the area 2 education agency board described in subsection 1 , paragraph 3 “b” , based upon the ratio that the population of the school 4 district, or portion of the school district, in the director 5 district bears to the total population in the director 6 district. The population of each school district or portion 7 shall be determined by the department of education. The member 8 of the area education agency board described in subsection 1 , 9 paragraph “b” , to be elected may be a member of a local school 10 district board of directors and shall be an elector and a 11 resident of the director district, but shall not be a school 12 district employee. 13 d. (1) A vacancy Vacancies , as defined in section 277.29 , 14 in a the membership position of the area education agency board 15 described in subsection 1 , paragraph “b” , shall be filled 16 for the unexpired portion of the term at a director district 17 convention called and conducted in the manner provided in 18 subsection 3 . 19 (2) A vacancy, as defined in section 277.29 , in a membership 20 position of the area education agency board described in 21 subsection 1 , paragraph “c” , shall be filled for the unexpired 22 portion of the term by an individual who is appointed by 23 the majority vote of the superintendents of school districts 24 located within the boundaries of the area education agency. 25 Sec. 9. Section 273.8, subsection 3, Code 2026, is amended 26 to read as follows: 27 3. Director district convention. If no candidate files with 28 the area education agency secretary by the deadline specified 29 in subsection 2 , or a vacancy occurs, or if otherwise required 30 as provided in section 273.23, subsection 3 , a director 31 district convention, attended by members of the boards of 32 directors of the local school districts located within the 33 director district, shall be called to elect a board member 34 described in subsection 1 , paragraph “b” , for that director 35 -5- LSB 5602XS (3) 91 jda/jh 5/ 25
S.F. 2329 district. The convention location shall be determined by the 1 area education agency administrator. Notice of the time, date, 2 and place of a director district convention shall be published 3 by the area education agency administrator in at least one 4 newspaper of general circulation in the director district at 5 least thirty days prior to the day of the convention. The cost 6 of publication shall be paid by the area education agency. A 7 candidate for election to the area education agency board shall 8 file a statement of candidacy with the area education agency 9 secretary at least ten days prior to the date of the director 10 district convention on forms prescribed by the department of 11 education, or nominations may be made at the convention by a 12 delegate from a board of directors of a school district located 13 within the director district. A statement of candidacy shall 14 include the candidate’s name, address, and school district. 15 Delegates to director district conventions shall not be bound 16 by a school board or any school board member to pledge their 17 votes to any candidate prior to the date of the convention. 18 Sec. 10. Section 273.10, subsection 6, Code 2026, is amended 19 to read as follows: 20 6. a. If the deficiencies in an area education program have 21 not been corrected, the director of the department of education 22 agency board shall take one of the following actions within 23 sixty days from removal of accreditation: 24 (1) Merge the deficient program with a program from another 25 accredited area education agency. 26 (2) Contract with another area education agency or other 27 public educational institution for purposes of program 28 delivery. 29 b. The rules developed by the state board of education for 30 the accreditation process shall include provisions for removal 31 of accreditation, including provisions for proper notice to the 32 administrator of the area education agency, each member of the 33 board of directors of the area education agency, the department 34 of education, and the superintendents and administrators of the 35 -6- LSB 5602XS (3) 91 jda/jh 6/ 25
S.F. 2329 schools of the districts served by the area education agency. 1 Sec. 11. APPLICABILITY. The following applies to 2 employment agreements entered into or renewed between an area 3 education agency and an area education agency administrator on 4 or after July 1, 2026: 5 The section of this division of this Act amending section 6 273.3, subsection 11. 7 Sec. 12. APPLICABILITY. The following applies to the 8 election of directors and vacancies occurring under section 9 273.8, as amended in this division of this Act, on or after 10 July 1, 2026: 11 The section of this division of this Act amending section 12 273.8. 13 DIVISION II 14 AREA EDUCATION AGENCIES —— FUNDING 15 Sec. 13. Section 257.1, subsection 2, paragraph b, Code 16 2026, is amended to read as follows: 17 b. For the budget year commencing July 1, 1999, and for 18 each succeeding budget year beginning before July 1, 2022, 19 the regular program foundation base per pupil is eighty-seven 20 and five-tenths percent of the regular program state cost per 21 pupil. For the budget year commencing July 1, 2022, and for 22 each succeeding budget year, the regular program foundation 23 base per pupil is eighty-eight and four-tenths percent of the 24 regular program state cost per pupil. For the budget year 25 commencing July 1, 1991, and for each succeeding budget year 26 the special education support services foundation base is 27 seventy-nine percent of the special education support services 28 state cost per pupil. The combined foundation base is the sum 29 of the regular program foundation base, the special education 30 support services foundation base, the total teacher salary 31 supplement district cost, the total professional development 32 supplement district cost, the total early intervention 33 supplement district cost, the total teacher leadership 34 supplement district cost, and the total area education agency 35 -7- LSB 5602XS (3) 91 jda/jh 7/ 25
S.F. 2329 teacher salary supplement district cost , and the total area 1 education agency professional development supplement district 2 cost . 3 Sec. 14. Section 257.1, subsection 3, Code 2026, is amended 4 to read as follows: 5 3. Computations rounded. In making computations and 6 payments under this chapter , except in the case of computations 7 relating to funding of special education support services, 8 media services, and educational services under section 257.37 9 provided through the area education agencies , and the teacher 10 salary supplement, the professional development supplement, 11 the early intervention supplement, and the teacher leadership 12 supplement, the department of management shall round amounts to 13 the nearest whole dollar. 14 Sec. 15. Section 257.1, Code 2026, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 5. Legislative intent. The general 17 assembly finds that the general welfare of this state and 18 well-being of its citizens is directly related to the quality 19 of education provided to students enrolled in Iowa’s schools, 20 and the quality of education provided to students enrolled in 21 Iowa’s schools is directly related to the funding available to 22 those schools. Therefore, the general assembly intends that 23 Iowa’s schools and area education agencies should be fully 24 funded to maximize the quality of the education provided to 25 students. 26 Sec. 16. Section 257.4, subsection 1, paragraph a, Code 27 2026, is amended by adding the following new subparagraph: 28 NEW SUBPARAGRAPH . (07) The total area education agency 29 professional development supplement district cost. 30 Sec. 17. Section 257.9, Code 2026, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 9A. Area education agency professional 33 development supplement state cost per pupil. For the budget 34 year beginning July 1, 2026, for the area education agency 35 -8- LSB 5602XS (3) 91 jda/jh 8/ 25
S.F. 2329 professional development supplement state cost per pupil, the 1 department of management shall add together the professional 2 development allocation made to each area education agency for 3 the fiscal year beginning July 1, 2023, pursuant to section 4 257.37A, subsection 2, Code 2024, and divide that sum by 5 the statewide special education support services weighted 6 enrollment for the fiscal year beginning July 1, 2026. The 7 area education agency professional development supplement state 8 cost per pupil for the budget year beginning July 1, 2027, 9 and succeeding budget years, shall be the amount calculated 10 by the department of management under this subsection for the 11 base year plus a supplemental state aid amount that is equal 12 to the professional development supplement categorical state 13 percent of growth, pursuant to section 257.8, subsection 2, for 14 the budget year, multiplied by the amount calculated by the 15 department of management under this subsection for the base 16 year. 17 Sec. 18. Section 257.10, subsection 7, Code 2026, is amended 18 to read as follows: 19 7. Special education support services district cost. Special 20 education support services district cost for a school district 21 for a budget year is equal to the special education support 22 services district cost per pupil for the budget year multiplied 23 by the special education support services weighted enrollment 24 for the district for the budget year. If the special education 25 support services district cost for a school district for 26 a budget year is less than the special education support 27 services district cost for that district for the base year, the 28 department of management shall adjust the special education 29 support services district cost for that district for the budget 30 year to equal the special education support services district 31 cost for the base year. Funds calculated under this subsection 32 and received by a school district shall be used for special 33 education support services. For budget years beginning on 34 or after July 1, 2025, not less than ninety percent of funds 35 -9- LSB 5602XS (3) 91 jda/jh 9/ 25
S.F. 2329 calculated under this subsection and received by a school 1 district shall be used by the school district for special 2 education support services contracted from an area education 3 agency. The contract between the school district and the area 4 education agency shall not require the school district to 5 describe the specific special education support services the 6 school district will receive from the area education agency. 7 The special education services provided by the area education 8 agency to the school district pursuant to the contract shall 9 not be limited by the amount of funding the school district 10 provided to the area education agency. 11 Sec. 19. Section 257.10, subsection 8, paragraph a, Code 12 2026, is amended to read as follows: 13 a. Combined district cost is the sum of the regular 14 program district cost per pupil multiplied by the weighted 15 enrollment, the special education support services district 16 cost, the total teacher salary supplement district cost, the 17 total professional development supplement district cost, the 18 total early intervention supplement district cost, and the 19 total teacher leadership supplement district cost, plus the 20 sum of the additional district cost allocated to the district 21 to fund media services and educational services under section 22 257.37 provided through the area education agency , and the area 23 education agency total teacher salary supplement district cost , 24 and the area education agency total professional development 25 supplement district cost . 26 Sec. 20. Section 257.16, subsection 4, Code 2026, is amended 27 to read as follows: 28 4. Notwithstanding any provision to the contrary, if 29 the governor orders budget reductions in accordance with 30 section 8.31 , the teacher salary supplement district cost, 31 the professional development supplement district cost, the 32 early intervention supplement district cost, and the teacher 33 leadership supplement district cost as calculated under section 34 257.10, subsections 9, 10, 11, and 12 , and the area education 35 -10- LSB 5602XS (3) 91 jda/jh 10/ 25
S.F. 2329 agency teacher salary supplement district cost and the area 1 education agency professional development supplement district 2 cost as calculated under section 257.37A , subsections 1 and 2, 3 shall be paid in full as calculated and the reductions in the 4 appropriations provided in accordance with this section shall 5 be reduced from the remaining moneys appropriated pursuant 6 to this section and shall be distributed on a per pupil 7 basis calculated with the weighted enrollment determined in 8 accordance with section 257.6, subsection 5 . 9 Sec. 21. Section 257.35, subsection 1, paragraph a, 10 subparagraph (3), unnumbered paragraph 1, Code 2026, is amended 11 to read as follows: 12 For the fiscal year beginning July 1, 2025, and each fiscal 13 year thereafter, the department of management shall deduct 14 the following from the state aid due to each school district 15 pursuant to this chapter and shall pay the amounts to the 16 respective area education agencies on a monthly basis from 17 September 15 through June 15 during each school year: 18 Sec. 22. Section 257.35, subsection 1, paragraph a, Code 19 2026, is amended by adding the following new subparagraph: 20 NEW SUBPARAGRAPH . (4) For the fiscal year beginning July 21 1, 2026, and each fiscal year thereafter, the department of 22 management shall deduct the amounts calculated for special 23 education support services, media services, area education 24 agency teacher salary supplement district cost, area education 25 agency professional development supplement district cost, and 26 educational services for each school district from the state 27 aid due to the district pursuant to this chapter and shall 28 pay the amounts to the respective area education agencies on 29 a monthly basis from September 15 through June 15 during each 30 school year. The department of management shall notify each 31 school district of the amount of state aid deducted for these 32 purposes and the balance of state aid shall be paid to the 33 district. If a district does not qualify for state aid under 34 this chapter in an amount sufficient to cover its amount due 35 -11- LSB 5602XS (3) 91 jda/jh 11/ 25
S.F. 2329 to the area education agency as calculated by the department 1 of management, the school district shall pay the deficiency to 2 the area education agency from other moneys received by the 3 district, on a quarterly basis during each school year. 4 Sec. 23. Section 257.35, subsection 2, Code 2026, is amended 5 to read as follows: 6 2. The amounts specified for school districts in section 7 257.10, subsection 7 , for the fiscal year beginning July 1, 8 2025, and each succeeding fiscal year, shall be reduced by 9 the department of management by seven million five hundred 10 thousand dollars. The department of management shall calculate 11 a state aid reduction such that such amounts shall be reduced 12 proportionally to the amount that the district would otherwise 13 have received under section 257.10, subsection 7 . 14 Sec. 24. Section 257.36, subsection 1, Code 2026, is amended 15 to read as follows: 16 1. Notwithstanding chapters 256B and 273 and sections 17 of this chapter relating to the moneys available to school 18 districts and area education agencies for special education 19 support services, for each school year, the department of 20 education may direct the department of management to deduct 21 amounts from the portions of school district budgets that 22 fund special education support services in an area education 23 agency. The total amount deducted for a school district in 24 an area shall be based upon excess special education support 25 services unreserved and undesignated fund balances in that 26 school district or paid by the school district to an area 27 education agency for a school year that remain unreserved and 28 undesignated as determined by the department of education. The 29 department of management shall determine the amount deducted 30 from each school district in an area education agency on 31 a proportional basis. The department of management shall 32 determine from the amounts deducted from the portions of school 33 district budgets that fund area education agency special 34 education support services the amount that would have been 35 -12- LSB 5602XS (3) 91 jda/jh 12/ 25
S.F. 2329 local property taxes and the amount that would have been state 1 aid and for the next following budget year shall increase the 2 district’s total state school aid available under this chapter 3 for area education agency special education support services 4 and reduce the district’s property tax levy for area education 5 agency special education support services by the amount 6 necessary for the property tax portion of the deductions made 7 under this section during the budget year. 8 Sec. 25. Section 257.37, Code 2026, is amended to read as 9 follows: 10 257.37 Funding media and educational services. 11 Media services and educational services provided by a school 12 district or through the area education agency agencies shall be 13 funded, to the extent provided, by an addition to the combined 14 district cost of each school district, determined as follows: 15 1. For the budget year beginning July 1, 1991, and 16 succeeding budget years, the total amount funded in each area 17 for media services shall be computed as provided in this 18 subsection . For the budget year beginning July 1, 1991, the 19 total amount funded in each area for media services in the 20 base year shall be divided by the enrollment served in the 21 base year to provide an area media services cost per pupil in 22 the base year, and the department of management shall compute 23 the state media services cost per pupil in the base year which 24 is equal to the average of the area media services costs per 25 pupil in the base year. For the budget year beginning July 1, 26 1991, and succeeding budget years, the department of management 27 shall compute the supplemental state aid for media services 28 in the budget year by multiplying the state media services 29 cost per pupil in the base year times the state percent of 30 growth for the budget year, and the total amount funded in each 31 area for media services cost in the budget year equals the 32 area media services cost per pupil in the base year plus the 33 supplemental state aid for media services in the budget year 34 times the enrollment served in the budget year. For fiscal 35 -13- LSB 5602XS (3) 91 jda/jh 13/ 25
S.F. 2329 years beginning before July 1, 2025, funds Funds shall be paid 1 to area education agencies as provided in section 257.35 . For 2 fiscal years beginning on or after July 1, 2024, funds not 3 required to be paid to an area education agency may be used 4 by the school district for any school district general fund 5 purpose. 6 2. Up to thirty percent of the budget of an area for media 7 services may be expended for media resource material including 8 the purchase or replacement of material required in section 9 273.6, subsection 1 . Funds shall be paid to area education 10 agencies as provided in section 257.35. 11 3. For the budget year beginning July 1, 1991, and 12 succeeding budget years, the total amount funded in each area 13 for educational services shall be computed as provided in this 14 subsection . For the budget year beginning July 1, 1991, the 15 total amount funded in each area for educational services 16 in the base year shall be divided by the enrollment served 17 in the area in the base year to provide an area educational 18 services cost per pupil in the base year, and the department of 19 management shall compute the state educational services cost 20 per pupil in the base year, which is equal to the average of 21 the area educational services costs per pupil in the base year. 22 For the budget year beginning July 1, 1991, and succeeding 23 budget years, the department of management shall compute the 24 supplemental state aid for educational services by multiplying 25 the state educational services cost per pupil in the base year 26 times the state percent of growth for the budget year, and the 27 total amount funded in each area for educational services for 28 the budget year equals the area educational services cost per 29 pupil for the base year plus the supplemental state aid for 30 educational services in the budget year times the enrollment 31 served in the area in the budget year. For fiscal years 32 beginning before July 1, 2025, funds Funds shall be paid to 33 area education agencies as provided in section 257.35 . For 34 fiscal years beginning on or after July 1, 2024, funds not 35 -14- LSB 5602XS (3) 91 jda/jh 14/ 25
S.F. 2329 required to be paid to an area education agency may be used 1 by the school district for any school district general fund 2 purpose. 3 4. “Enrollment served” means the basic enrollment of all 4 school districts within the boundaries of the area education 5 agency plus the number of nonpublic school pupils served by 6 the area education agency with media services or educational 7 services, as applicable, except that if a nonpublic school 8 pupil or a pupil attending another district under a whole grade 9 sharing agreement or open enrollment receives services through 10 an area other than the area of the pupil’s residence, the 11 pupil shall be deemed to be served by the area of the pupil’s 12 residence, which shall by contractual arrangement reimburse 13 the area through which the pupil actually receives services. 14 Each school district shall include in the enrollment report 15 submitted pursuant to section 257.6, subsection 1 , the number 16 of nonpublic school pupils within each school district for 17 media and educational services served by the area. However, 18 the school district shall not include in the enrollment report 19 nonpublic school pupils receiving classes or services funded 20 entirely by federal grants or allocations. 21 5. a. If an area education agency does not serve nonpublic 22 school pupils in a manner comparable to services provided 23 public school pupils for media and educational services, as 24 determined by the state board of education, the state board 25 shall instruct the department of management to reduce the funds 26 for media services and educational services within the area one 27 time by an amount to compensate for such reduced services. The 28 media services budget shall be reduced by an amount equal to 29 the product of the cost per pupil in basic enrollment for the 30 budget year for media services times the difference between 31 the enrollment served and the basic enrollment recorded for 32 the area. The educational services budget shall be reduced by 33 an amount equal to the product of the cost per pupil in basic 34 enrollment for the budget year for educational services times 35 -15- LSB 5602XS (3) 91 jda/jh 15/ 25
S.F. 2329 the difference between the enrollment served and the basic 1 enrollment recorded for the area. 2 b. This subsection applies only to media and educational 3 services which cannot be diverted for religious purposes. 4 c. Notwithstanding this subsection , an area education agency 5 shall distribute to nonpublic schools media materials purchased 6 wholly or partially with federal funds in a manner comparable 7 to the distribution of such media materials to public schools 8 as determined by the director of the department of education. 9 6. For the budget year beginning July 1, 2002, and each 10 succeeding budget year, notwithstanding the requirements of 11 this section for determining the budgets and funding of media 12 services and education services, an area education agency or 13 school district may , within the limits of the total of the 14 funds provided for the budget years pursuant to section 257.35, 15 expend for special education support services an amount that 16 exceeds the payment for special education support services 17 pursuant to section 257.35 in order to maintain the level 18 of required special education support services in the area 19 education agency or the school district, as applicable . 20 Sec. 26. Section 257.37A, Code 2026, is amended to read as 21 follows: 22 257.37A Area education agency salary supplement funding. 23 1. Area education agency teacher salary supplement cost per 24 pupil and district cost. 25 1. a. For the budget year beginning July 1, 2009, the 26 department of management shall add together the teacher 27 compensation allocation made to each area education agency for 28 the fiscal year beginning July 1, 2008, pursuant to section 29 284.13, subsection 1 , paragraph “i” , Code 2009, and the phase II 30 allocation made to each area education agency for the fiscal 31 year beginning July 1, 2008, pursuant to section 294A.9, Code 32 2009 , and divide that sum by the special education support 33 services weighted enrollment in the fiscal year beginning July 34 1, 2009, to determine the area education agency teacher salary 35 -16- LSB 5602XS (3) 91 jda/jh 16/ 25
S.F. 2329 supplement cost per pupil. For the budget year beginning July 1 1, 2010, and succeeding budget years, the area education agency 2 teacher salary supplement district cost per pupil for each area 3 education agency for a budget year is the area education agency 4 teacher salary supplement district cost per pupil for the base 5 year plus the area education agency teacher salary supplement 6 supplemental state aid amount for the budget year. 7 2. b. For the budget year beginning July 1, 2010, and 8 succeeding budget years, if the department of management 9 determines that the unadjusted area education agency teacher 10 salary supplement district cost of an area education agency 11 for a budget year is less than one hundred percent of the 12 unadjusted area education agency teacher salary supplement 13 district cost for the base year for the area education agency, 14 the area education agency shall receive a budget adjustment for 15 that budget year equal to the difference. 16 3. a. c. (1) The unadjusted area education agency teacher 17 salary supplement district cost is the area education agency 18 teacher salary supplement district cost per pupil for each area 19 education agency for a budget year multiplied by the special 20 education support services weighted enrollment for that area 21 education agency. 22 b. (2) The total area education agency teacher salary 23 supplement district cost is the sum of the unadjusted area 24 education agency teacher salary supplement district cost plus 25 the budget adjustment for that budget year. 26 4. d. For the budget year beginning July 1, 2009, the 27 use of the funds calculated under this section subsection 28 shall comply with requirements of chapter 284 and shall be 29 distributed to teachers pursuant to section 284.3A . For the 30 budget year beginning July 1, 2010, and succeeding budget 31 years, the use of the funds calculated under this section 32 subsection shall comply with the requirements of chapter 284 33 and shall be distributed to teachers pursuant to section 34 284.3A . 35 -17- LSB 5602XS (3) 91 jda/jh 17/ 25
S.F. 2329 2. Area education agency professional development supplement 1 cost per pupil and district cost. 2 a. For the budget year beginning July 1, 2026, the 3 department of management shall divide the area education agency 4 professional development supplement made to each area education 5 agency for the fiscal year beginning July 1, 2023, pursuant 6 to section 257.37A, subsection 2, Code 2024, by the special 7 education support services weighted enrollment in the fiscal 8 year beginning July 1, 2026, to determine the professional 9 development supplement cost per pupil. For the budget year 10 beginning July 1, 2027, and succeeding budget years, the area 11 education agency professional development supplement district 12 cost per pupil for each area education agency for a budget 13 year is the area education agency professional development 14 supplement district cost per pupil for the base year plus the 15 area education agency professional amount for the budget year. 16 b. For the budget year beginning July 1, 2027, and 17 succeeding budget years, if the department of management 18 determines that the unadjusted area education agency 19 professional development supplement district cost of an area 20 education agency for a budget year is less than one hundred 21 percent of the unadjusted area education agency professional 22 development supplement district cost for the base year for 23 the area education agency, the area education agency shall 24 receive a budget adjustment for that budget year equal to the 25 difference. 26 c. (1) The unadjusted area education agency professional 27 development supplement district cost is the area education 28 agency professional development supplement district cost 29 per pupil for each area education agency for a budget year 30 multiplied by the special education support services weighted 31 enrollment for that area education agency. 32 (2) The total area education agency professional 33 development supplement district cost is the sum of the 34 unadjusted area education agency professional development 35 -18- LSB 5602XS (3) 91 jda/jh 18/ 25
S.F. 2329 supplement district cost plus the budget adjustment for that 1 budget year. 2 d. The use of the funds calculated under this subsection 3 shall comply with the requirements of chapter 284. 4 Sec. 27. Section 284.3A, subsection 4, Code 2026, is amended 5 to read as follows: 6 4. The teacher salary supplement district cost as 7 calculated under section 257.10, subsection 9 , and the area 8 education agency teacher salary supplement district cost as 9 calculated under section 257.37A , subsection 1, are not subject 10 to a uniform reduction in accordance with section 8.31 . 11 Sec. 28. Section 284.4, subsection 1, paragraph b, 12 subparagraph (3), Code 2026, is amended to read as follows: 13 (3) Determine, following the adoption of the Iowa 14 professional development model by the state board of education, 15 the use and distribution of the professional development 16 funds calculated and paid to the school district or agency as 17 provided in section 257.9, subsection 9A, or section 257.10, 18 subsection 10 , based upon school district or agency , attendance 19 center, and individual teacher and professional development 20 plans. 21 Sec. 29. Section 284.6, subsections 8, 9, and 10, Code 2026, 22 are amended to read as follows: 23 8. For each year in which a school district receives funds 24 calculated and paid to school districts for professional 25 development pursuant to section 257.10, subsection 10 , or 26 section 257.37A, subsection 2, the school district shall create 27 quality professional development opportunities. Not less than 28 thirty-six hours in the school calendar, held outside of the 29 minimum school day, shall be set aside during nonpreparation 30 time or designated professional development time to allow 31 practitioners to collaborate with each other to deliver 32 educational programs and assess student learning, or to engage 33 in peer review pursuant to section 284.8, subsection 1 . The 34 funds may be used to implement the professional development 35 -19- LSB 5602XS (3) 91 jda/jh 19/ 25
S.F. 2329 provisions of the teacher career paths and leadership roles 1 specified in section 284.15 , including but not limited to 2 providing professional development to teachers, including 3 additional salaries for time beyond the normal negotiated 4 agreement; activities and pay to support a beginning teacher 5 mentoring and induction program that meets the requirements 6 of section 284.5 ; pay for substitute teachers, professional 7 development materials, speakers, and professional development 8 content; textbooks and curriculum materials used for classroom 9 purposes if such textbooks and curriculum materials include 10 professional development; administering assessments pursuant to 11 section 256.7, subsection 21 , paragraph “b” , subparagraphs (1) 12 and (2), if such assessments include professional development; 13 and costs associated with implementing the individual 14 professional development plans. The use of the funds shall 15 be balanced between school district, attendance center, 16 and individual professional development plans, making every 17 reasonable effort to provide equal access to all teachers. 18 9. Moneys received pursuant to section 257.10, subsection 19 10 , or section 257.37A, subsection 2, shall be maintained 20 as a separate listing within a school district’s or area 21 education agency’s budget for funds received and expenditures 22 made pursuant to this subsection . The department shall not 23 require a school district or area education agency to allocate 24 a specific amount or percentage of moneys received pursuant to 25 section 257.10, subsection 10 , or section 257.37A, subsection 26 2, for professional development related to implementation of 27 the core curriculum under section 256.7, subsection 26 . A 28 school district shall certify to the department how the school 29 district allocated the funds and that moneys received under 30 this subsection were used to supplement, not supplant, the 31 professional development opportunities the school district 32 would otherwise make available. For budget years beginning 33 on or after July 1, 2017, all or a portion of the moneys 34 received pursuant to section 257.10, subsection 10 , that remain 35 -20- LSB 5602XS (3) 91 jda/jh 20/ 25
S.F. 2329 unexpended and unobligated at the end of a fiscal year may, 1 pursuant to section 257.10, subsection 10 , paragraph “d” , be 2 transferred for deposit in the school district’s flexibility 3 account established under section 298A.2, subsection 2 . 4 10. If funds are allocated for purposes of professional 5 development pursuant to section 284.13, subsection 1 , paragraph 6 “c” , the department shall , in collaboration with the area 7 education agencies, establish teacher development academies 8 for public and nonpublic school-based teams of teachers and 9 instructional leaders. Each academy shall include an institute 10 and shall provide follow-up training and coaching. 11 Sec. 30. EFFECTIVE DATE. This division of this Act, being 12 deemed of immediate importance, takes effect upon enactment. 13 Sec. 31. APPLICABILITY. This division of this Act applies 14 July 1, 2026, for school budget years beginning on or after 15 that date. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to education, including by modifying 20 provisions related to the duties and powers of area education 21 agencies, the department of education, and area education 22 agency funding. 23 DIVISION I —— AREA EDUCATION AGENCIES —— PROGRAMMATIC 24 CHANGES. Current law requires the division of special 25 education within the department of education to oversee the 26 operation of each area education agency to ensure the area 27 education agency complies with all applicable federal and 28 state laws related to special education. The bill strikes 29 this provision. Current law provides that each area education 30 agency is under the general supervision of the director of the 31 department of education and that the area education agency 32 board of directors serves in an advisory capacity. The bill 33 provides that each area education agency is governed by a board 34 of directors. The bill makes conforming changes. 35 -21- LSB 5602XS (3) 91 jda/jh 21/ 25
S.F. 2329 The bill modifies provisions related to students that 1 an area education agency may provide services to. Current 2 law provides that an area education agency may furnish 3 evidence-based professional development services to public or 4 nonpublic schools which are on the list of accredited schools 5 if certain specified requirements are satisfied. The bill 6 strikes this provision. 7 Current law requires area education agencies to prepare a 8 proposed annual budget and submit the proposed budget to the 9 director of the department of education for approval not later 10 than March 1 of each year. Under current law, the director is 11 required to either approve or reject the proposed budget for 12 changes within 10 days after submission. The bill modifies 13 this provision to require area education agencies to prepare 14 a proposed annual budget and post notice of a public hearing 15 on the proposed budget on the area education agency’s internet 16 site and by publication in the newspaper of general circulation 17 in the territory of the area education agency in which the 18 principal place of business of a school district that is part 19 of the area education agency is located. The notice shall 20 specify the date, which shall be not later than March 1 of each 21 year, the time, and the location of the public hearing. 22 Current law requires an area education agency to, on a 23 quarterly basis, prepare and submit to each school district 24 that receives services from the area education agency a report 25 that includes certain specified financial and programmatic 26 information. The bill strikes this provision. 27 Current law requires that the director of special education 28 within each area education agency be an employee of the 29 division of special education of the department of education 30 and not be an employee of the area education agency, receive 31 compensation from the area education agency, supervise or 32 manage employees of the area education agency, or directly 33 provide special education services for the agency. Current law 34 also provides that the director of special education’s primary 35 -22- LSB 5602XS (3) 91 jda/jh 22/ 25
S.F. 2329 job duties and responsibilities to the area education agency 1 are to provide oversight of the area education agency’s special 2 education services. The bill strikes these provisions. 3 Current law provides that the board of directors shall 4 consist of nine members, with five members being elected in 5 director district conventions and four members being appointed 6 by the majority vote of the superintendents of school districts 7 located within the boundaries of the area education agency. 8 The bill modifies this provision to provide that the board of 9 directors of an area education agency shall consist of not 10 less than five nor more than nine members, each a resident of 11 and elected in the manner provided in this Code section from a 12 director district that is approximately equal in population to 13 the other director districts in the area education agency. The 14 bill makes conforming changes. This provision applies to the 15 election of directors and vacancies occurring on or after July 16 1, 2026. 17 DIVISION II —— AREA EDUCATION AGENCIES —— FUNDING. The bill 18 modifies provisions related to the calculation of the combined 19 foundation base, the area education agency professional 20 development supplement state cost per pupil, and the combined 21 district cost. The bill also modifies provisions related 22 to the computation of the additional property tax levied by 23 school districts to include the total area education agency 24 professional development supplement district cost. 25 Current law provides that funds calculated under Code 26 section 257.10(7) (special education support services district 27 cost) and received by a school district are required to be 28 used for special education support services. Current law 29 also provides that for budget years beginning on or after 30 July 1, 2025, not less than 90 percent of funds calculated 31 under Code section 257.10(7) and received by a school district 32 are required to be used by the school district for special 33 education support services contracted from an area education 34 agency. The contract between the school district and the area 35 -23- LSB 5602XS (3) 91 jda/jh 23/ 25
S.F. 2329 education agency shall not require the school district to 1 describe the specific special education support services the 2 school district will receive from the area education agency. 3 The special education services provided by the area education 4 agency to the school district pursuant to the contract shall 5 not be limited by the amount of funding the school district 6 provided to the area education agency. The bill strikes these 7 provisions. 8 The bill provides that for the fiscal year beginning July 9 1, 2026, and each fiscal year thereafter, the department of 10 management is required to deduct the amounts calculated for 11 special education support services, media services, area 12 education agency teacher salary supplement district cost, area 13 education agency professional development supplement district 14 costs, and educational services for each school district from 15 the state aid due to the district pursuant to Code chapter 16 257 and pay the amounts to the respective area education 17 agencies on a monthly basis from September 15 through June 15 18 during each school year. The bill requires the department of 19 management to notify each school district of the amount of 20 state aid deducted for these purposes and the balance of state 21 aid is required to be paid to the district. If a district 22 does not qualify for state aid under Code chapter 257 in an 23 amount sufficient to cover its amount due to the area education 24 agency as calculated by the department of management, the 25 school district is required to pay the deficiency to the area 26 education agency from other moneys received by the district, on 27 a quarterly basis during each school year. 28 Current law provides that, notwithstanding the deduction and 29 payment called for under Code section 257.35(1), the amounts 30 specified for school districts and area education agencies in 31 Code section 257.35(1)(a) for the fiscal year beginning July 1, 32 2025, and each succeeding fiscal year, shall be reduced by the 33 department of management by $7.5 million. The bill provides 34 that this reduction does not apply to fiscal years after the 35 -24- LSB 5602XS (3) 91 jda/jh 24/ 25
S.F. 2329 fiscal year beginning July 1, 2025. 1 The bill modifies provisions related to moneys available 2 to school districts and area education agencies for special 3 education support services and the funding and provisions 4 related to the media and educational services provided by 5 school districts or through area education agencies, including 6 by modifying Code section 257.37 (funding media and educational 7 services) to strike a provision that state funds that are not 8 required to be paid to an area education agency may be used 9 by the school district for any school district general fund 10 purpose and by modifying the definition of “enrollment served” 11 in Code section 257.37. 12 The bill modifies Code section 257.37A (area education 13 agency salary supplement funding), including by providing that, 14 if the department of management determines that the unadjusted 15 area education agency professional development supplement 16 district cost of an area education agency for a budget year is 17 less than 100 percent of the unadjusted area education agency 18 professional development supplement district cost for the base 19 year for the area education agency, the area education agency 20 shall receive a budget adjustment for that budget year equal 21 to the difference. 22 The division takes effect upon enactment and applies July 1, 23 2026, for school budget years beginning on or after that date. 24 -25- LSB 5602XS (3) 91 jda/jh 25/ 25