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