House File 873 - Reprinted HOUSE FILE BY GIPP and MURPHY Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to recommendations of the education subcommittee 2 of the governor's committee on local governance by providing 3 for the development of a school sharing and efficiencies in 4 operations process, the referral of certain issues to 5 legislative standing committees for further review and 6 consideration, and a study by the department of education 7 concerning certain barriers to effective structure and 8 delivery models that promote optimum student achievement. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 3547YH 81 11 kh/cf/24 PAG LIN 1 1 DIVISION I 1 2 Section 1. SCHOOL SHARING AND EFFICIENCIES IN OPERATIONS 1 3 PROCESS. 1 4 1. Not later than September 15, 2005, the department of 1 5 education and the boards of directors of the area education 1 6 agencies shall, in consultation with other appropriate 1 7 education stakeholders as necessary, develop a uniform 1 8 structured conversation process, including specific categories 1 9 of discussion. The purpose of the process shall be to 1 10 facilitate discussion between school district leaders in order 1 11 to support rigorous and relevant student programming and 1 12 efforts to increase student achievement through identification 1 13 and realization of sharing and efficiency of operations 1 14 efforts with other school districts, educational partners, and 1 15 governmental subdivisions, which will result in reductions in 1 16 the costs of operations and create additional resource 1 17 availability. The process shall provide a framework for a 1 18 consistent regional plan for use by area education agencies 1 19 pursuant to subsection 3. 1 20 2. The department of education and the area education 1 21 agencies shall facilitate a series of meetings, using the 1 22 process developed pursuant to subsection 1, between area 1 23 education agency personnel and school district leaders from 1 24 every school district located within each area education 1 25 agency. Prior to the initial meeting, which shall be held not 1 26 later than January 13, 2006, school district leaders 1 27 designated to attend the meeting shall identify areas of 1 28 potential sharing and efficiency, efforts that are already 1 29 occurring, and existing barriers to increased sharing and 1 30 efficiency of operations. As meeting facilitators, area 1 31 education agency personnel may provide at the initial meeting 1 32 a list of available efficiency services, which may include 1 33 those services offered by the area education agencies. The 1 34 process shall include a discussion regarding the use of the 1 35 additional resources, made available through the proposed 2 1 sharing or efficiency efforts, in enhancing program 2 2 implementation and student achievement. After the initial 2 3 meeting, other appropriate education stakeholders and 2 4 representatives from governmental subdivisions or private 2 5 entities may be consulted or invited to participate in future 2 6 meetings. Discussion topics at the series of meetings shall 2 7 include, but not be limited to, operational efficiencies, 2 8 shared programming, transportation sharing, expansion of area 2 9 education agency cooperatives, common schedules for school 2 10 districts and community colleges, energy, insurance, effective 2 11 structure and delivery models that promote optimum student 2 12 achievement, graduation requirements, and a rigorous, relevant 2 13 curriculum. 2 14 3. At the conclusion of the process, each area education 2 15 agency shall develop a regional plan that identifies, using 2 16 the consistent regional plan framework developed under 2 17 subsection 1, the existing, new, or expanded opportunities for 2 18 school district sharing or efficiency of operations determined 2 19 as a result of completing the uniform structured conversation 2 20 process. The plan shall provide for long=term measures that 2 21 identify money or time saved as a result of the sharing or 2 22 efficiency of operations efforts, list the cooperative 2 23 partners in specific sharing or efficiency of operations 2 24 efforts, describe effective structure and delivery models that 2 25 promote optimum student achievement, and include provisions 2 26 for making educational stakeholders aware of the sharing and 2 27 efficiency in operations opportunities available in each 2 28 region. Each area education agency shall submit its plan to 2 29 the department of education not later than June 1, 2006. 2 30 4. The department of education shall compile and review 2 31 the plans submitted by the area education agencies pursuant to 2 32 subsection 3; identify barriers to potential sharing and 2 33 efficiency in operations efforts; recommend a timeline for 2 34 implementation of sharing and efficiency of operations efforts 2 35 and penalties related to a reduction in funding for 3 1 noncompliance with the implementation of sharing and 3 2 efficiency of operations efforts, and submit its findings and 3 3 recommendations to the general assembly not later than January 3 4 1, 2007. 3 5 5. For purposes of this section, "school district leaders" 3 6 includes superintendents, administrators, central office 3 7 staff, educators, and school board members, though a school 3 8 district may designate one school district leader to represent 3 9 the school district regularly at the meetings held pursuant to 3 10 subsection 2. 3 11 DIVISION II 3 12 STANDING COMMITTEE ISSUE REFERRALS 3 13 Sec. 2. GOVERNOR'S COMMITTEE ON LOCAL GOVERNANCE == 3 14 EDUCATION SUBCOMMITTEE RECOMMENDATIONS == STANDING COMMITTEE 3 15 REFERRAL. 3 16 1. The following recommendations of the education 3 17 subcommittee of the governor's committee on local governance 3 18 are referred to the standing committees on education in the 3 19 senate and the house of representatives for further review and 3 20 consideration: 3 21 a. Eliminate or modify the rule of statutory construction 3 22 commonly referred to as "Dillon's rule" as it applies to 3 23 school districts, pursuant to a constitutional amendment, 3 24 resulting in increased school district home rule authority and 3 25 power not inconsistent with the laws of the general assembly, 3 26 to be innovative in providing program supports and eliminating 3 27 barriers to school district collaboration and innovation. 3 28 b. Convert statutory requirements relating to the required 3 29 minimum number of days of classroom instruction per school 3 30 year to a required minimum number of hours of direct classroom 3 31 instruction per school year, at least equivalent to the 3 32 current number of hours of classroom instruction provided by a 3 33 school district, in order to encourage more creativity and 3 34 flexibility in the delivery of instruction. 3 35 c. Evaluate the impact of combining the funding sources 4 1 for phase I and phase II of the educational excellence 4 2 program. 4 3 2. The following recommendations of the education 4 4 subcommittee of the governor's committee on local governance 4 5 are referred to the standing committees on ways and means in 4 6 the senate and the house of representatives for further review 4 7 and consideration: 4 8 a. Consolidate existing local school district property tax 4 9 and income surtax levies into two primary property tax levies, 4 10 one board=approved and one voter=approved, in order to 4 11 increase flexibility and maintain and expand current areas of 4 12 levy coverage. 4 13 b. Examine the impact of the development of a statewide 4 14 local option sales tax for school infrastructure, including 4 15 replacement of the five hundred seventy=five dollar statewide 4 16 tax revenue per student calculation with a statewide rolling 4 17 average calculation and establishment of a hold harmless 4 18 provision for districts experiencing a tax increase as a 4 19 result of legislation. 4 20 c. Include school districts in tax increment financing 4 21 approval requirements. 4 22 DIVISION III 4 23 SHARED ACTIVITIES AND ATHLETIC PROGRAMS STUDY 4 24 Sec. 3. GOVERNOR'S COMMITTEE ON LOCAL GOVERNANCE == 4 25 EDUCATION SUBCOMMITTEE RECOMMENDATIONS == SHARED ACTIVITIES 4 26 AND ATHLETIC PROGRAMS STUDY. The department of education, in 4 27 collaboration with education stakeholder groups, 4 28 organizations, associations, and parent organizations, to be 4 29 determined by the department, shall conduct a study and review 4 30 of existing regulations relating to shared activities and 4 31 athletic programs, and the impact of such regulations on the 4 32 ability of school districts to achieve effective structure and 4 33 delivery models that promote optimum student achievement. The 4 34 department shall submit a report of its findings, containing 4 35 recommendations and a proposed timeline for implementation, to 5 1 the members of the standing committees on education in the 5 2 senate and the house of representatives by December 1, 2005. 5 3 HF 873 5 4 kh:nh/es/25