SF 485 (LSB 2859XS (3) 91)

SENATE FILE 485

BY  WEINER, QUIRMBACH, PETERSEN, KNOX, BISIGNANO, WAHLS, TRONE GARRIOTT, BLAKE, ZIMMER, DOTZLER, DONAHUE, WINCKLER, BENNETT, TOWNSEND, CELSI, and STAED

A BILL FOR

An Act establishing requirements related to nonpublic schools that receive tuition payments from parents or guardians whose students are participating in the education savings account program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 257.11B, subsection 1, paragraph b, subparagraph (1), Code 2025, is amended to read as follows:
   (1)  “Qualified educational expenses” includes tuition and fees at a nonpublic school that is in compliance with subsection 12, textbooks, fees or payments for educational therapies, including tutoring or cognitive skills training, curriculum fees, software, and materials for a course of study for a specific subject matter or grade level, tuition or fees for nonpublic online education programs, tuition for vocational and life skills education approved by the department of education, education materials and services for pupils with disabilities from an accredited provider, including the cost of paraprofessionals and assistants who are trained in accordance with state law, standardized test fees, and advanced placement examinations or examinations related to postsecondary education admission or credentialing.
    Sec. 2.  Section 257.11B, subsection 10, paragraph a, Code 2025, is amended to read as follows:
   a.  This section shall not be construed to authorize the state or any political subdivision of the state to exercise authority over any nonpublic school or construed to require a nonpublic school to modify its academic standards for admission or educational program in order to receive payment from a parent or guardian using funds from a pupil’s account in the education savings account fund.
    Sec. 3.  Section 257.11B, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.  A nonpublic school shall not receive tuition payments from parents or guardians whose students are participating in the education savings account program unless the nonpublic school satisfies all of the following requirements:
   a.  The governing body of the nonpublic school must adhere to the accountability and transparency requirements applicable to the boards of directors of school districts in the same manner as the boards of directors of school districts.
   b.  The nonpublic school must adhere to the data reporting requirements applicable to school districts in the same manner as a school district.
   c.  The nonpublic school must adhere to the accreditation standards applicable to school districts that are currently accredited by the department of education, including standards related to courses offered and taught by the nonpublic school, in the same manner as a school district.
   d.  The nonpublic school must adhere to the teacher employment and teacher licensing requirements applicable to school districts in the same manner as a school district.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes requirements related to nonpublic schools that receive tuition payments from parents or guardians whose students are participating in the education savings account program.
   Current Code section 257.11B establishes the education savings account program, which allows for payments to be made to parents and guardians for the payment of qualified educational expenses. Current law defines “qualified educational expenses” to include tuition and fees at a nonpublic school. The bill modifies the definition of “qualified educational expenses” for purposes of the education savings account program to provide that the nonpublic school must adhere to all of the following: the accountability and transparency requirements applicable to the boards of directors of school districts, the data reporting requirements applicable to school districts, the accreditation standards applicable to school districts, and the teacher employment and teacher licensing requirements applicable to school districts.
   The bill strikes a provision of Code section 257.11B that prohibits the Code section from being construed to authorize the state or any political subdivision of the state to require a nonpublic school to modify the nonpublic school’s educational program in order to receive payment from a parent or guardian using funds from a pupil’s account in the education savings account fund.