Senate File 2278 - Reprinted
SENATE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO SSB 3071)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the duties and operations of the state board
2 of education, the department of education, and local school
3 boards.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5310SV 82
6 kh/nh/5
PAG LIN
1 1 Section 1. Section 22.7, subsection 1, Code Supplement
1 2 2007, is amended to read as follows:
1 3 1. Personal information in records regarding a student,
1 4 prospective student, or former student maintained, created,
1 5 collected or assembled by or for a school corporation or
1 6 educational institution maintaining such records. This
1 7 subsection shall not be construed to prohibit a postsecondary
1 8 education institution from disclosing to a parent or guardian
1 9 information regarding a violation of a federal, state, or
1 10 local law, or institutional rule or policy governing the use
1 11 or possession of alcohol or a controlled substance if the
1 12 child is under the age of twenty=one years and the institution
1 13 determines that the student committed a disciplinary violation
1 14 with respect to the use or possession of alcohol or a
1 15 controlled substance regardless of whether that information is
1 16 contained in the student's education records. This subsection
1 17 shall not be construed to prohibit a school corporation or
1 18 educational institution from transferring student records
1 19 electronically to the department of education, an accredited
1 20 nonpublic school, an attendance center, a school district, or
1 21 an accredited postsecondary institution in accordance with
1 22 section 256.9, subsection 52.
1 23 Sec. 2. Section 73.1, unnumbered paragraph 1, Code 2007,
1 24 is amended to read as follows:
1 25 Every commission, board, committee, officer, or other
1 26 governing body of the state, or of any county, township,
1 27 school district, or city, and every person acting as
1 28 contracting or purchasing agent for any such commission,
1 29 board, committee, officer, or other governing body shall use
1 30 only those products and provisions grown and coal produced
1 31 within the state of Iowa, when they are found in marketable
1 32 quantities in the state and are of a quality reasonably suited
1 33 to the purpose intended, and can be secured without additional
1 34 cost over foreign products or products of other states. This
1 35 section shall apply to horticultural products grown in this
2 1 state even if the products are not in the stage of processing
2 2 that the agency usually purchases the product. However, this
2 3 section does not apply to a school district purchasing food
2 4 while the school district is participating in the a federal
2 5 school lunch or breakfast program.
2 6 Sec. 3. Section 256.5A, Code 2007, is amended to read as
2 7 follows:
2 8 256.5A NONVOTING MEMBER.
2 9 1. The governor shall appoint the one nonvoting student
2 10 member of the state board for a term of one year two years
2 11 beginning and ending as provided in section 69.19. The
2 12 nonvoting student member shall be appointed from a list of
2 13 names submitted by the state board of education. Students
2 14 enrolled in either grade ten or eleven in a public school may
2 15 apply to the state board to serve as a nonvoting student
2 16 member.
2 17 2. The department shall develop an application process
2 18 that requires the consent of the student's parent or guardian
2 19 if the student is a minor, initial application approval by the
2 20 school district in which the student applicant is enrolled,
2 21 and submission of approved applications by a school district
2 22 to the department.
2 23 3. The nonvoting student member's school district of
2 24 enrollment shall notify the student's parents if the student's
2 25 grade point average falls during the period in which the
2 26 student is a member of the state board.
2 27 4. The state board shall adopt rules under chapter 17A
2 28 specifying criteria for the selection of applicants whose
2 29 names shall be submitted to the governor. Criteria shall
2 30 include, but are not limited to, academic excellence,
2 31 participation in extracurricular and community activities, and
2 32 interest in serving on the board. Rules adopted by the state
2 33 board shall also require, if the student is a minor,
2 34 supervision of the student by the student's parent or guardian
2 35 while the student is engaged in authorized state board
3 1 business at a location other than the community in which the
3 2 student resides, unless the student's parent or guardian
3 3 submits to the state board a signed release indicating the
3 4 parent or guardian has determined that supervision of the
3 5 student by the parent or guardian is unnecessary.
3 6 5. The nonvoting student member appointment is not subject
3 7 to section 69.16 or 69.16A.
3 8 6. The nonvoting student member shall have been enrolled
3 9 in a public school in Iowa for at least one year prior to the
3 10 member's appointment. A nonvoting student member who will not
3 11 graduate from high school prior to the end of a second term
3 12 may apply to the state board for submission of candidacy to
3 13 the governor for a second one=year term.
3 14 7. A nonvoting student member shall be paid a per diem as
3 15 provided in section 7E.6 and the student and the student's
3 16 parent or guardian shall be reimbursed for actual and
3 17 necessary expenses incurred in the performance of the
3 18 student's duties as a nonvoting member of the state board.
3 19 8. A vacancy in the membership of the nonvoting student
3 20 member shall not be filled until the expiration of the term.
3 21 Sec. 4. Section 256.10, subsection 2, Code 2007, is
3 22 amended to read as follows:
3 23 2. Appointments to the professional staff of the
3 24 department shall be without reference to political party
3 25 affiliation, religious affiliation, sex, or marital status,
3 26 but shall be based solely upon fitness, ability, and proper
3 27 qualifications for the particular position. The professional
3 28 staff shall serve at the discretion of the director. A member
3 29 of the professional staff shall not be dismissed for cause
3 30 without appropriate due process procedures including a hearing
3 31 an opportunity to meet with the director.
3 32 Sec. 5. Section 256.11, subsection 9B, Code Supplement
3 33 2007, is amended to read as follows:
3 34 9B. Beginning July 1, 2007, each school district shall
3 35 have a school nurse to provide health services to its
4 1 students. Each school district shall work toward the goal of
4 2 having one school nurse for every seven hundred fifty students
4 3 enrolled in the school district. For purposes of this
4 4 subsection, "school nurse" means a person who holds an
4 5 endorsement or a statement of professional recognition for
4 6 school nurses issued by the board of educational examiners
4 7 under chapter 272 The scope of practice of a school nurse
4 8 shall be as established by rule by the board of nursing.
4 9 Sec. 6. Section 256.30, Code 2007, is amended to read as
4 10 follows:
4 11 256.30 EDUCATIONAL EXPENSES FOR AMERICAN INDIANS.
4 12 1. The department of education shall provide moneys to pay
4 13 the expense of educating American Indian children residing in
4 14 the Sac and Fox Indian settlement on land held in trust by the
4 15 secretary of the interior of the United States in excess of
4 16 federal moneys paid to the tribal council for educating the
4 17 American Indian children when moneys are appropriated for that
4 18 purpose. The tribal council shall administer the moneys
4 19 distributed to it by the department and shall submit an annual
4 20 report and other reports as required by the department to the
4 21 department on the expenditure of the moneys.
4 22 2. The tribal council shall administer moneys distributed
4 23 to it by the department of education as provided in subsection
4 24 1. The tribal council shall first use the moneys distributed
4 25 to it by the department of education for the purposes of this
4 26 section to pay the additional costs of salaries for licensed
4 27 instructional staff for educational attainment and full=time
4 28 equivalent years of experience to equal the salaries listed on
4 29 the proposed salary schedule for the school at the Sac and Fox
4 30 Indian settlement for that school year, but the salary for a
4 31 licensed instructional staff member employed on a full=time
4 32 basis shall not be less than eighteen thousand dollars.
4 33 3. The department of management shall approve allotments
4 34 of moneys appropriated in for purposes of this section when
4 35 the department of education certifies to the department of
5 1 management that the requirements of this section have been
5 2 met.
5 3 Sec. 7. Section 256B.2, subsection 1, Code 2007, is
5 4 amended to read as follows:
5 5 1. "Children requiring special education" means persons
5 6 under twenty=one years of age, including children under five
5 7 years of age, who have a disability in obtaining an education
5 8 because of a head injury, autism, behavioral disorder, or
5 9 physical, mental, communication, or learning disability, as
5 10 defined by the rules of the department of education. If a
5 11 child requiring special education reaches the age of
5 12 twenty=one during an academic year, the child may elect to
5 13 receive special education services until the end of the
5 14 academic year.
5 15 Sec. 8. Section 256B.6, Code 2007, is amended to read as
5 16 follows:
5 17 256B.6 PARENT'S OR GUARDIAN'S DUTIES == REVIEW.
5 18 1. When the school district or area education agency has
5 19 provided special education services and programs as provided
5 20 herein for any child requiring special education, either by
5 21 admission to a special class or by supportive services, it
5 22 shall be the duty of the parent or guardian to enroll said the
5 23 child for instruction in such special classes or supportive
5 24 services as may be established, except in the event a doctor's
5 25 certificate is filed with the secretary of the school district
5 26 showing that it is inadvisable for medical reasons for the
5 27 child requiring special education to receive the special
5 28 education provided; all the provisions and conditions of
5 29 chapter 299 and amendments thereto shall be applicable to this
5 30 section, and any violations shall be punishable as provided in
5 31 said chapter 299.
5 32 2. A child, or the parent or guardian of the child, or the
5 33 school district in which the child resides, may obtain a
5 34 review of an action or omission of state or local authorities
5 35 pursuant to the procedures established by the state board of
6 1 education on the ground that the child has been or is about to
6 2 be:
6 3 1. a. Denied entry or continuance in a program of special
6 4 education appropriate to the child's condition and needs.
6 5 2. b. Placed in a special education program which is
6 6 inappropriate to the child's condition and needs.
6 7 3. c. Denied educational services because no suitable
6 8 program of education or related services is maintained.
6 9 4. d. Provided with special education which is
6 10 insufficient in quantity to satisfy the requirements of law.
6 11 5. e. Assigned to a program of special education when the
6 12 child does not have a disability.
6 13 3. When a child requiring special education attains the
6 14 age of majority or is incarcerated in an adult or juvenile,
6 15 state or local, correctional institution, all rights accorded
6 16 to the parent or guardian under this chapter transfer to the
6 17 child except as provided in this subsection. Any notice
6 18 required by this chapter shall be provided to both the child
6 19 who has reached the age of majority or is incarcerated in an
6 20 adult or juvenile, state or local, correctional institution,
6 21 and the parent or guardian. If rights under this chapter have
6 22 transferred to a child and the child has been determined to be
6 23 incompetent by a court or determined unable to provide
6 24 informed educational consent by a court or other competent
6 25 authority, then rights under this chapter shall be exercised
6 26 by the person who has been appointed to represent the
6 27 educational interest of the child.
6 28 4. Notwithstanding section 17A.11, the state board of
6 29 education shall adopt rules for the appointment of an
6 30 impartial administrative law judge for special education
6 31 appeals. The rules shall comply with federal statutes and
6 32 regulations.
6 33 Sec. 9. Section 256B.8, unnumbered paragraph 2, Code 2007,
6 34 is amended to read as follows:
6 35 An area education agency director of special education may
7 1 request approval from the department of education to continue
7 2 the special education program of a person beyond the person's
7 3 twenty=first birthday period specified in section 256B.2,
7 4 subsection 1, if the person had an accident or prolonged
7 5 illness that resulted in delays in the initiation of or
7 6 interruptions in that person's special education program.
7 7 Approval may be granted by the department to continue the
7 8 special education program of that person for up to three years
7 9 or until the person's twenty=fourth birthday.
7 10 Sec. 10. Section 257.6, subsection 1, paragraph a,
7 11 subparagraph (3), Code Supplement 2007, is amended to read as
7 12 follows:
7 13 (3) Shared=time and part=time pupils of school age
7 14 enrolled in public schools within the district, irrespective
7 15 of the districts in which the pupils reside, in the proportion
7 16 that the time for which they are enrolled or receive
7 17 instruction for the school year is to the time that full=time
7 18 pupils carrying a normal course schedule, at the same grade
7 19 level, in the same school district, for the same school year,
7 20 are enrolled and receive instruction. Tuition charges to the
7 21 parent or guardian of a shared=time or part=time nonresident
7 22 pupil shall be reduced by the amount of any increased state
7 23 aid received by the district by the counting of the pupil.
7 24 This subparagraph applies to pupils from accredited nonpublic
7 25 schools accessing classes or services on the accredited
7 26 nonpublic school premises or the school district site, but
7 27 excludes accredited nonpublic pupils receiving classes or
7 28 services funded by federal grants or allocations.
7 29 Sec. 11. Section 257.11, subsection 5, paragraph a, Code
7 30 Supplement 2007, is amended to read as follows:
7 31 a. For the school budget year beginning July 1, 2002,
7 32 through the school budget year beginning July 1, 2007 2008, in
7 33 order to provide additional funds for school districts in
7 34 which a regional academy is located, a supplementary weighting
7 35 plan for determining enrollment is adopted.
8 1 Sec. 12. Section 257.11, subsection 8, Code Supplement
8 2 2007, is amended to read as follows:
8 3 8. PUPILS INELIGIBLE. A pupil eligible for the weighting
8 4 plan provided in section 256B.9 is not eligible for
8 5 supplementary weighting pursuant to this section unless it is
8 6 determined that the course generating the supplemental
8 7 weighting has no relationship to the pupil's disability. A
8 8 pupil attending an alternative program or an at=risk pupils'
8 9 program, including alternative high school programs, is not
8 10 eligible for supplementary weighting under subsection 2.
8 11 Sec. 13. Section 257.13, subsection 2, Code 2007, is
8 12 amended to read as follows:
8 13 2. The board of directors of a school district that wishes
8 14 to receive an on=time funding budget adjustment shall adopt a
8 15 resolution to receive the adjustment and notify the school
8 16 budget review committee by November 1 15, annually. The
8 17 school budget review committee shall establish a modified
8 18 allowable growth in an amount determined pursuant to
8 19 subsection 1.
8 20 Sec. 14. Section 257.17, Code 2007, is amended to read as
8 21 follows:
8 22 257.17 AID REDUCTION FOR EARLY SCHOOL STARTS.
8 23 State aid payments made pursuant to section 257.16 for a
8 24 fiscal year shall be reduced by one one=hundred=eightieth for
8 25 each day of that fiscal year for which the school district
8 26 begins school before the earliest starting date specified in
8 27 section 279.10, subsection 1. However, this section does not
8 28 apply to a school district that has received approval for a
8 29 pilot program for an innovative school year from the director
8 30 of the department of education under section 279.10,
8 31 subsection 4, to commence classes for regularly established
8 32 elementary and secondary schools in advance of the starting
8 33 date established in section 279.10, subsection 1 3.
8 34 Sec. 15. Section 257.37, subsection 4, Code 2007, is
8 35 amended to read as follows:
9 1 4. "Enrollment served" means the basic enrollment plus the
9 2 number of nonpublic school pupils served with media services
9 3 or educational services, as applicable, except that if a
9 4 nonpublic school pupil or a pupil attending another district
9 5 under a whole grade sharing agreement or open enrollment
9 6 receives services through an area other than the area of the
9 7 pupil's residence, the pupil shall be deemed to be served by
9 8 the area of the pupil's residence, which shall by contractual
9 9 arrangement reimburse the area through which the pupil
9 10 actually receives services. Each school district shall
9 11 include in the enrollment report submitted pursuant to section
9 12 257.6, subsection 1, the number of nonpublic school pupils
9 13 within each school district for media and educational services
9 14 served by the area. However, the school district shall not
9 15 include in the enrollment report nonpublic school pupils
9 16 receiving classes or services funded by federal grants or
9 17 allocations.
9 18 Sec. 16. Section 260C.35, unnumbered paragraph 2, Code
9 19 2007, is amended to read as follows:
9 20 With the approval of the director of the department of
9 21 education, the board of directors of a merged area at any one
9 22 time may sell any land in a single tract in excess of one
9 23 hundred sixty acres owned by the merged area, and an election
9 24 is not necessary in connection with the sale. The proceeds of
9 25 the sale may be used for any of the purposes stated in section
9 26 260C.22. This paragraph is in addition to any authority under
9 27 other provisions of law.
9 28 Sec. 17. Section 261C.4, Code 2007, is amended to read as
9 29 follows:
9 30 261C.4 AUTHORIZATION.
9 31 An eligible pupil may make application to an eligible
9 32 institution to allow the eligible pupil to enroll for academic
9 33 or vocational=technical credit in a nonsectarian course
9 34 offered at that eligible institution. A comparable course, as
9 35 defined in rules made by the board of directors of the public
10 1 school district, must not be offered by the school district or
10 2 accredited nonpublic school which the pupil attends. If an
10 3 eligible institution accepts an eligible pupil for enrollment
10 4 under this section, the institution shall send written notice
10 5 to the pupil, and the pupil's school district or accredited
10 6 nonpublic school or the school for the deaf or the Iowa
10 7 braille and sight saving school, and the department of
10 8 education. The notice shall list the course, the clock hours
10 9 the pupil will be attending the course, and the number of
10 10 hours of postsecondary academic or vocational=technical credit
10 11 that the eligible pupil will receive from the eligible
10 12 institution upon successful completion of the course.
10 13 Sec. 18. Section 273.3, subsection 12, Code 2007, is
10 14 amended to read as follows:
10 15 12. Prepare an annual budget estimating income and
10 16 expenditures for programs and services as provided in sections
10 17 273.1 to 273.9 and chapter 256B within the limits of funds
10 18 provided under section 256B.9 and chapter 257. The board
10 19 shall give notice of a public hearing on the proposed budget
10 20 by publication in an official county newspaper in each county
10 21 in the territory of the area education agency in which the
10 22 principal place of business of a school district that is a
10 23 part of the area education agency is located. The notice
10 24 shall specify the date, which shall be not later than March 1
10 25 of each year, the time, and the location of the public
10 26 hearing. The proposed budget as approved by the board shall
10 27 then be submitted to the state board of education, on forms
10 28 provided by the department, no later than March 15 preceding
10 29 the next fiscal year for approval. The state board shall
10 30 review the proposed budget of each area education agency and
10 31 shall before April May 1, either grant approval or return the
10 32 budget without approval with comments of the state board
10 33 included. An unapproved budget shall be resubmitted to the
10 34 state board for final approval not later than April May 15.
10 35 For the fiscal year beginning July 1, 1999, and each
11 1 succeeding fiscal year, the state board shall give final
11 2 approval only to budgets submitted by area education agencies
11 3 accredited by the state board or that have been given
11 4 conditional accreditation by the state board.
11 5 Sec. 19. Section 273.13, Code 2007, is amended to read as
11 6 follows:
11 7 273.13 ADMINISTRATIVE EXPENDITURES.
11 8 During the budget year beginning July 1, 1989, and the
11 9 three succeeding budget years, the board of directors of an
11 10 area education agency in which the administrative expenditures
11 11 as a percent of the area education agency's operating fund for
11 12 a base year exceed five percent shall reduce its
11 13 administrative expenditures to five percent of the area
11 14 education agency's operating fund. During each of the four
11 15 years, the board of directors shall reduce administrative
11 16 expenditures by twenty=five percent of the reduction in
11 17 administrative expenditure required by this section.
11 18 Thereafter, the An area education agency's administrative
11 19 expenditures shall not exceed five percent of the operating
11 20 general fund. Annually, the board of directors of an area
11 21 education agency shall certify to the department of education
11 22 the amounts of the area education agency's expenditures and
11 23 its operating general fund. For the purposes of this section,
11 24 "base year" and "budget year" mean the same as defined in
11 25 section 442.6, Code 1989, and section 257.2, and
11 26 "administrative expenditures" means expenditures for executive
11 27 administration.
11 28 Sec. 20. Section 275.31, unnumbered paragraph 1, Code
11 29 2007, is amended to read as follows:
11 30 If necessary to equalize the division and distribution, the
11 31 board or boards may provide for the levy of additional taxes,
11 32 which shall be sufficient to satisfy the mandatory levy
11 33 required in section 76.2 or other liabilities of the
11 34 districts, upon the property of a corporation or part of a
11 35 corporation and for the distribution of the tax revenues so as
12 1 to effect equalization. When the board or boards are
12 2 considering the equalization levy, the division and
12 3 distribution shall not impair the security for outstanding
12 4 obligations of each affected corporation. Any owner of bonds
12 5 of an affected corporation may bring suit in equity for
12 6 adjustment of the division and distribution in compliance with
12 7 this section. If the property tax levy for the amount
12 8 estimated and certified to apply on principal and interest on
12 9 lawful bonded indebtedness for a newly formed community school
12 10 district is greater than the property tax levy for the amount
12 11 estimated and certified to apply on principal and interest in
12 12 the year preceding the reorganization or dissolution for a
12 13 school district that is a party to the reorganization or
12 14 dissolution, that had a certified enrollment of less than six
12 15 hundred for the year prior to the reorganization or
12 16 dissolution, and that approved the reorganization or
12 17 dissolution prior to July 1, 1989, the board of the newly
12 18 formed district shall inform the department of management.
12 19 The department of management shall pay debt service aid to the
12 20 newly formed district in an amount that reduces the rate of
12 21 the property tax levy for lawful bonded indebtedness in the
12 22 portion of the newly formed district where the new rate is
12 23 higher, to the rate that was levied in that portion of the
12 24 district during the year preceding the reorganization or
12 25 dissolution.
12 26 Sec. 21. Section 275.31, unnumbered paragraphs 2 and 3,
12 27 Code 2007, are amended by striking the unnumbered paragraphs.
12 28 Sec. 22. Section 275.53, Code 2007, is amended to read as
12 29 follows:
12 30 275.53 DISSOLUTION PROPOSAL.
12 31 1. The commission shall send a copy of its dissolution
12 32 proposal or shall inform the board that it cannot agree upon a
12 33 dissolution proposal not later than one year following the
12 34 date of the organizational meeting of the commission. The
12 35 commission shall also send a copy of the dissolution proposal
13 1 by registered mail to the boards of directors of all school
13 2 districts to which area of the affected school district will
13 3 be attached. If the board of a district to which area of the
13 4 affected school district will be attached objects to the
13 5 attachment, within ten days following receipt of the
13 6 dissolution proposal the board shall send its objections in
13 7 writing to the commission using any method specified in
13 8 subsection 2. The commission may consider the objections and
13 9 may modify the dissolution proposal. If the dissolution
13 10 proposal is modified, the commission shall notify by
13 11 registered mail the boards of directors of all school
13 12 districts to which area of the affected school district will
13 13 be attached.
13 14 2. The copy of the dissolution proposal, as well as any
13 15 modification, shall be sent to the boards by any of the
13 16 following methods:
13 17 a. Mail bearing a United States postal service postmark.
13 18 b. Hand delivery.
13 19 c. Facsimile transmission.
13 20 d. Electronic delivery.
13 21 3. If the commission cannot agree upon a dissolution
13 22 proposal prior to the expiration of its term, the board may
13 23 appoint a new commission.
13 24 Sec. 23. Section 275.54, Code 2007, is amended to read as
13 25 follows:
13 26 275.54 HEARING.
13 27 1. Within ten days following the filing of the dissolution
13 28 proposal with the board, the board shall fix a date for a
13 29 hearing on the proposal which shall not be more than sixty
13 30 days after the dissolution petition was filed with the board.
13 31 The board shall publish notice of the date, time, and location
13 32 of the hearing at least ten days prior to the date of the
13 33 hearing by one publication in a newspaper in general
13 34 circulation in the district. The notice shall include the
13 35 content of the dissolution proposal. A person residing or
14 1 owning land in the school district may present evidence and
14 2 arguments at the hearing. The president of the board shall
14 3 preside at the hearing. The board shall review testimony from
14 4 the hearing and shall adopt or amend and adopt the dissolution
14 5 proposal.
14 6 2. The board shall notify by registered mail the boards of
14 7 directors of all school districts to which area of the
14 8 affected school district will be attached and the director of
14 9 the department of education of the contents of the dissolution
14 10 proposal adopted by the board. The notification may be made
14 11 by any of the following methods:
14 12 a. Mail bearing a United States postal service postmark.
14 13 b. Hand delivery.
14 14 c. Facsimile transmission.
14 15 d. Electronic delivery.
14 16 3. If the board of a district to which area of the
14 17 affected school district will be attached objects to the
14 18 attachment, that portion of the dissolution proposal will not
14 19 be included in the proposal voted upon under section 275.55
14 20 and the director of the department of education shall attach
14 21 the area to a contiguous school district.
14 22 4. If the board of a district to which area of the
14 23 affected school district will be attached objects to the
14 24 division of assets and liabilities contained in the
14 25 dissolution proposal, section 275.30 applies for the division
14 26 of assets and liabilities to that district the matter shall be
14 27 decided by a panel of disinterested arbitrators. The panel
14 28 shall consist of one arbitrator selected by the objecting
14 29 district or districts, one selected by the districts in favor
14 30 of the provisions of the dissolution proposal, and one
14 31 selected by the dissolving district. If the number of
14 32 arbitrators selected is even, a disinterested arbitrator shall
14 33 be selected by the administrator of the area education agency
14 34 to which the dissolving district belongs. The decision of the
14 35 arbitrators shall be made in writing and filed with the
15 1 secretary of the new corporation, and a party to the
15 2 proceedings may appeal the decision to the district court by
15 3 serving notice on the secretary of the new corporation within
15 4 twenty days after the decision is filed. The appeal shall be
15 5 tried in equity and a decree entered determining the entire
15 6 matter, including the levy, collection, and distribution of
15 7 any necessary taxes.
15 8 5. If a dissolution proposal adopted by a board contains
15 9 provisions that ninety=five percent or more of the taxable
15 10 valuation of the dissolving district would be assumed and
15 11 attached to a single school district, the dissolving school
15 12 district shall cease further proceedings to dissolve and shall
15 13 comply with reorganization procedures specified in this
15 14 chapter.
15 15 Sec. 24. Section 275.55, unnumbered paragraph 1, Code
15 16 2007, is amended to read as follows:
15 17 The board of the school district shall call a special
15 18 election to be held not later than forty sixty days following
15 19 the date of the final hearing on the dissolution proposal.
15 20 The special election may be held at the same time as the
15 21 regular school election. The proposition submitted to the
15 22 voters residing in the school district at the special election
15 23 shall describe each separate area to be attached to a
15 24 contiguous school district and shall name the school district
15 25 to which it will be attached. In addition to the description,
15 26 a map may be included in the summary of the question on the
15 27 ballot.
15 28 Sec. 25. Section 279.10, subsection 1, Code 2007, is
15 29 amended to read as follows:
15 30 1. The school year shall begin on the first day of July
15 31 and each regularly established elementary and secondary school
15 32 shall begin no sooner than a day during the calendar week in
15 33 which the first day of September falls August 25 but no later
15 34 than the first Monday in December unless the school district
15 35 has received approval from the department of education for a
16 1 pilot program in accordance with subsection 3. However, if
16 2 the first day of September falls on a Sunday, school may begin
16 3 on a day during the calendar week which immediately precedes
16 4 the first day of September. School shall continue for at
16 5 least one hundred eighty days, except as provided in
16 6 subsection 3, and may be maintained during the entire calendar
16 7 year. However, if the board of directors of a district
16 8 extends the school calendar because inclement weather caused
16 9 the district to temporarily close school during the regular
16 10 school calendar, the district may excuse a graduating senior
16 11 who has met district or school requirements for graduation
16 12 from attendance during the extended school calendar. A school
16 13 corporation may begin employment of personnel for in=service
16 14 training and development purposes before the date to begin
16 15 elementary and secondary school.
16 16 Sec. 26. Section 279.10, subsection 2, Code 2007, is
16 17 amended to read as follows:
16 18 2. The board of directors shall hold a public hearing on
16 19 any proposal request made pursuant to subsection 3 prior to
16 20 submitting it to the department of education for approval.
16 21 Sec. 27. Section 279.10, subsection 4, Code 2007, is
16 22 amended by striking the subsection.
16 23 Sec. 28. Section 279.30, Code 2007, is amended to read as
16 24 follows:
16 25 279.30 EXCEPTIONS.
16 26 Each payment must be made payable to the person entitled to
16 27 receive the money or direct deposited to an account at a
16 28 financial institution, as defined in section 527.2, specified
16 29 by the person entitled to receive the money. The board of
16 30 directors of a school district or an area education agency may
16 31 by resolution authorize the secretary, upon approval of the
16 32 superintendent or designee, or administrator, in the case of
16 33 an area education agency, to issue payments when the board of
16 34 directors is not in session in payment of reasonable and
16 35 necessary expenses, but only upon verified bills filed with
17 1 the secretary or administrator, and for the payment of
17 2 salaries pursuant to the terms of a written contract. Each
17 3 payment must be made payable only to the person performing the
17 4 service or presenting the verified bill, and must state the
17 5 purpose for which the payment is issued. All bills and
17 6 salaries for which payments are issued prior to audit and
17 7 allowance by the board must be passed upon by the board of
17 8 directors at the next meeting and be entered in the regular
17 9 minutes of the secretary.
17 10 Sec. 29. Section 279.42, Code 2007, is amended to read as
17 11 follows:
17 12 279.42 GIFTS TO SCHOOLS.
17 13 The board of directors of a school district which that
17 14 receives funds through gifts a gift, devises devise, and
17 15 bequests or bequest shall deposit these the funds in a trust
17 16 and agency or permanent fund and shall use them the funds in
17 17 accordance with the terms of the gift, devise, or bequest.
17 18 Sec. 30. Section 279.45, Code 2007, is amended to read as
17 19 follows:
17 20 279.45 ADMINISTRATIVE EXPENDITURES.
17 21 For the budget year beginning July 1, 1989, and each of the
17 22 following three budget years, the board of directors of a
17 23 school district in which the administrative expenditures as a
17 24 percent of the school district's operating fund for a base
17 25 year exceed five percent, shall reduce its administrative
17 26 expenditures so that they are one=half percent less as a
17 27 percent of the school district's operating fund than they were
17 28 for the base year. However, a A school district is not
17 29 required to reduce its district's administrative expenditures
17 30 below shall not exceed five percent of its operating general
17 31 fund. Thereafter, a A school district shall not increase the
17 32 percent of its administrative expenditures compared to its
17 33 operating general fund. Annually, the board of directors
17 34 shall certify to the department of education the amounts of
17 35 the school district's administrative expenditures and its
18 1 operating general fund. For the purposes of this section,
18 2 "base year" and "budget year" mean the same as defined in
18 3 section 442.6, Code 1989, and section 257.2, and
18 4 "administrative expenditures" means expenditures for executive
18 5 administration.
18 6 Sec. 31. Section 282.1, unnumbered paragraph 1, Code 2007,
18 7 is amended to read as follows:
18 8 Persons between five and twenty=one years of age are of
18 9 school age. Nonresident children shall be charged the maximum
18 10 tuition rate as determined in section 282.24, subsection 1,
18 11 with the exception that those residing temporarily in a school
18 12 corporation may attend school in the corporation upon terms
18 13 prescribed by the board, and boards. A school district
18 14 discontinuing grades under section 282.7, subsection 1 or
18 15 subsections 1 and 3, shall be charged tuition as provided in
18 16 section 282.24, subsection 2 1.
18 17 Sec. 32. Section 282.18, subsection 4, Code 2007, is
18 18 amended by adding the following new paragraph:
18 19 NEW PARAGRAPH. bb. If a transfer is requested after March
18 20 1 of the preceding school year on behalf of a pupil whose
18 21 sibling is already participating in open enrollment to the
18 22 receiving district, the receiving district shall take action
18 23 to approve the request.
18 24 Sec. 33. Section 282.18, subsection 5, Code 2007, is
18 25 amended to read as follows:
18 26 5. Open enrollment applications filed after March 1 of the
18 27 preceding school year that do not qualify for good cause
18 28 approval as provided in subsection 4 shall be subject to the
18 29 approval of the board of the resident district and the board
18 30 of the receiving district. The parent or guardian shall send
18 31 notification to the district of residence and the receiving
18 32 district that the parent or guardian seeks to enroll the
18 33 parent's or guardian's child in the receiving district. A
18 34 decision of either board to deny an application filed under
18 35 this subsection involving repeated acts of harassment of the
19 1 student or serious health condition of the student that the
19 2 resident district cannot adequately address is subject to
19 3 appeal under section 290.1. The state board shall exercise
19 4 broad discretion to achieve just and equitable results that
19 5 are in the best interest of the affected child or children.
19 6 Sec. 34. Section 282.31, subsection 1, paragraph a, Code
19 7 Supplement 2007, is amended to read as follows:
19 8 a. A child who lives in a facility pursuant to section
19 9 282.30, subsection 1, paragraph "a", and who is not enrolled
19 10 in the educational program of the district of residence of the
19 11 child, shall receive appropriate educational services. The
19 12 area education agency shall submit a proposed program and
19 13 budget to the department of education by January February 1
19 14 for the next succeeding school year. The department of
19 15 education shall review and approve or modify the program and
19 16 proposed budget and shall notify the department of
19 17 administrative services and the area education agency of its
19 18 action by February April 1. The department of administrative
19 19 services shall pay the approved budget amount for an area
19 20 education agency in monthly installments beginning September
19 21 15 and ending June 15 of the next succeeding school year. The
19 22 installments shall be as nearly equal as possible as
19 23 determined by the department of management, taking into
19 24 consideration the relative budget and cash position of the
19 25 state's resources. The department of administrative services
19 26 shall transfer the approved budget amount for an area
19 27 education agency from the moneys appropriated under section
19 28 257.16 and make the payment to the area education agency. The
19 29 area education agency shall submit an accounting for the
19 30 actual cost of the program to the department of education by
19 31 August 1 September 15 of the following school year. The
19 32 department shall review and approve or modify all expenditures
19 33 incurred in compliance with the guidelines pursuant to section
19 34 256.7, subsection 10, and shall notify the department of
19 35 administrative services of the approved accounting amount.
20 1 The approved accounting amount shall be compared with any
20 2 amounts paid by the department of administrative services to
20 3 the area education agency and any differences added to or
20 4 subtracted from the October payment made under this paragraph
20 5 for the next school year. Any amount paid by the department
20 6 of administrative services shall be deducted monthly from the
20 7 state foundation aid paid under section 257.16 to all school
20 8 districts in the state during the subsequent fiscal year. The
20 9 portion of the total amount of the approved budget that shall
20 10 be deducted from the state aid of a school district shall be
20 11 the same as the ratio that the budget enrollment for the
20 12 budget year of the school district bears to the total budget
20 13 enrollment in the state for that budget year in which the
20 14 deduction is made.
20 15 Sec. 35. Section 285.9, Code 2007, is amended by adding
20 16 the following new subsection:
20 17 NEW SUBSECTION. 5. Review all transportation disputes
20 18 between districts. If the affected districts are located in
20 19 more than one area education agency, the area education agency
20 20 in which the larger of the districts is located shall be the
20 21 reviewing agency. In resolving disputes between districts,
20 22 the reviewing agency board shall, after receiving all facts,
20 23 make such alterations or changes as necessary to make the
20 24 arrangements, designations, and contracts conform to the legal
20 25 and established requirements and shall notify each affected
20 26 local school board of such action. An affected district may
20 27 appeal the decision of the agency board to the director of the
20 28 department of education by following the timelines and
20 29 procedures in section 285.12.
20 30 Sec. 36. Section 291.1, Code 2007, is amended to read as
20 31 follows:
20 32 291.1 PRESIDENT == DUTIES.
20 33 The president of the board of directors shall preside at
20 34 all of its meetings, sign all contracts made by the board, and
20 35 appear in on behalf of the corporation in all actions brought
21 1 by or against it, unless individually a party, in which case
21 2 this duty shall be performed by the secretary. The president
21 3 or the president's designee shall sign, using an original or
21 4 facsimile signature, all school district warrants payments
21 5 drawn and authorize electronic funds transfers as provided by
21 6 law. The board of directors, by resolution, may designate an
21 7 individual, who shall not be the secretary, to sign warrants
21 8 payments or authorize electronic funds transfers on behalf of
21 9 the president.
21 10 Sec. 37. Section 291.6, subsection 3, Code 2007, is
21 11 amended by striking the subsection and inserting in lieu
21 12 thereof the following:
21 13 3. ACCOUNTING RECORDS. Keep an accurate accounting record
21 14 of each payment or electronic funds transfer from each fund
21 15 which shall be provided monthly to the board of directors.
21 16 The secretary of the creditor district shall prepare and
21 17 deliver to debtor districts an itemized statement of tuition
21 18 fees charged in accordance with sections 275.55A and 282.11,
21 19 and section 282.24, subsection 1.
21 20 Sec. 38. Section 291.6, subsection 4, Code 2007, is
21 21 amended to read as follows:
21 22 4. CLAIMS. Keep an accurate account accounting of all
21 23 expenses incurred by the corporation, and present the same to
21 24 the board for audit and payment.
21 25 Sec. 39. Section 291.7, Code 2007, is amended to read as
21 26 follows:
21 27 291.7 MONTHLY RECEIPTS, DISBURSEMENTS, AND BALANCES.
21 28 The secretary of each district shall file monthly with the
21 29 board of directors a complete statement of all receipts and
21 30 disbursements from the various funds each individual fund
21 31 during the preceding month, and also the balance remaining on
21 32 hand in the various funds each individual fund at the close of
21 33 the period covered by the statement, which monthly statements
21 34 shall be open to public inspection.
21 35 Sec. 40. Section 291.8, Code 2007, is amended by striking
22 1 the section and inserting in lieu thereof the following:
22 2 291.8 PAYMENTS.
22 3 The secretary shall make each authorized payment,
22 4 countersign using an original or facsimile signature, and
22 5 maintain accounting records of the payments or electronic
22 6 funds transfers, showing the number, date, payee, originating
22 7 fund, the purpose, and the amount; and shall provide to the
22 8 board at each regular annual meeting a copy of the accounting
22 9 records maintained by the secretary.
22 10 Sec. 41. Section 291.12, Code 2007, is amended to read as
22 11 follows:
22 12 291.12 DUTIES OF TREASURER == PAYMENT OF WARRANTS
22 13 PAYMENTS.
22 14 The treasurer shall receive all moneys belonging to the
22 15 corporation, pay the same out only upon the order of the
22 16 president countersigned by the secretary, keeping and shall
22 17 keep an accurate account accounting record of all receipts and
22 18 expenditures in a book provided for that purpose. The
22 19 treasurer shall register all orders drawn payments and
22 20 electronic funds transfers made and reported to the treasurer
22 21 by the secretary, showing the number, date, to whom drawn, the
22 22 fund upon from which drawn each payment and transfer was made,
22 23 the purpose and amount.
22 24 Sec. 42. Section 291.14, Code 2007, is amended to read as
22 25 follows:
22 26 291.14 FINANCIAL STATEMENT.
22 27 The treasurer shall render a statement of the finances of
22 28 the corporation whenever required by the board, and the
22 29 treasurer's books accounting records shall always be open for
22 30 inspection.
22 31 Sec. 43. Section 298A.13, Code 2007, is amended to read as
22 32 follows:
22 33 298A.13 TRUST, PERMANENT, OR AGENCY FUNDS.
22 34 Trust, permanent, or agency funds shall be established by
22 35 any school corporation to account for gifts it receives to be
23 1 used for a particular purpose or to account for money and
23 2 property received and administered by the district as trustee
23 3 or custodian or in the capacity of an agent. Boards may
23 4 establish trust and, permanent, or agency funds as necessary.
23 5 Sec. 44. Section 299.1, unnumbered paragraph 2, Code 2007,
23 6 is amended to read as follows:
23 7 The board of directors of a public school district or the
23 8 governing body of an accredited nonpublic school may, by
23 9 resolution, require attendance for the entire time when the
23 10 schools are in session in any school year and adopt a policy
23 11 or rules relating to the reasons considered to be valid or
23 12 acceptable excuses for absence from school.
23 13 Sec. 45. Section 299A.11, Code 2007, is amended to read as
23 14 follows:
23 15 299A.11 STUDENT RECORDS CONFIDENTIAL.
23 16 Notwithstanding any provision of law or rule to the
23 17 contrary, personal information in records regarding a child
23 18 receiving competent private instruction pursuant to this
23 19 chapter, which are maintained, created, collected, or
23 20 assembled by or for a state agency, shall be kept confidential
23 21 in the same manner as personal information in student records
23 22 maintained, created, collected, or assembled by or for a
23 23 school corporation or educational institution in accordance
23 24 with section 22.7, subsection 1. For purposes of this
23 25 section, "personal information in records regarding a child
23 26 receiving competent private instruction" shall include the
23 27 child's name and home address, as well as all other
23 28 information that personally identifies the child.
23 29 Sec. 46. Section 301.28, Code 2007, is amended to read as
23 30 follows:
23 31 301.28 OFFICERS AND TEACHERS AS AGENTS FOR BOOKS AND
23 32 SUPPLIES == PENALTY.
23 33 It shall be unlawful for any A school director, officer,
23 34 area education director, or teacher to shall not act as an
23 35 agent for any school textbooks or school supplies in any
24 1 transaction with a director, officer, or other staff member of
24 2 the school district or a director, officer, or other staff
24 3 member of the area education agency in which the school
24 4 district is located during such term of office or employment,
24 5 and any school director, officer, area education director, or
24 6 teacher, who shall act acts as an agent or dealer in school
24 7 textbooks or school supplies, within the school district or
24 8 area education agency in which the school district is located
24 9 during the term of such office or employment, in violation of
24 10 this section shall be deemed guilty of a serious misdemeanor.
24 11 Sec. 47. Section 321.1, subsection 69, unnumbered
24 12 paragraph 1, Code 2007, is amended to read as follows:
24 13 "School bus" means every vehicle operated for the
24 14 transportation of children to or from school or school
24 15 activities, except vehicles which are:
24 16 Sec. 48. Section 321.1, subsection 69, paragraph d, Code
24 17 2007, is amended to read as follows:
24 18 d. Designed to carry not more than nine persons as
24 19 passengers, either school owned or privately owned, which are
24 20 used to transport pupils to activity events in which the
24 21 pupils are participants or used to transport pupils to their
24 22 homes in case of illness or other emergency situations. The
24 23 vehicles operated under the provisions of this paragraph shall
24 24 be operated by employees of the school district who are
24 25 specifically approved by the local superintendent of schools
24 26 for the assignment.
24 27 Sec. 49. Section 321.373, subsection 1, Code 2007, is
24 28 amended to read as follows:
24 29 1. Every school bus except private passenger vehicles used
24 30 as school buses as defined in section 321.1, subsection 69,
24 31 shall be constructed and equipped to meet safety standards
24 32 prescribed in rules adopted by the state board of education.
24 33 Such rules shall conform to safety standards set forth in
24 34 federal laws and regulations and shall conform, insofar as
24 35 practicable, to the minimum standards for school buses
25 1 recommended by the national conference on school
25 2 transportation administered by the national commission on
25 3 safety education and published by the national education
25 4 association.
25 5 Sec. 50. Section 321.376, Code 2007, is amended by adding
25 6 the following new subsection:
25 7 NEW SUBSECTION. 3. The provisions of this section
25 8 relating to a certificate of qualification and approved course
25 9 of instruction shall not apply to a person driving a vehicle
25 10 designed to carry not more than nine persons as passengers,
25 11 either school=owned or privately owned, used to transport
25 12 pupils to activity events.
25 13 Sec. 51. Section 321J.3, subsection 1, paragraph c, Code
25 14 2007, is amended to read as follows:
25 15 c. The court may prescribe the length of time for the
25 16 evaluation and treatment or it may request that the community
25 17 college or other approved provider conducting the course for
25 18 drinking drivers which the person is ordered to attend or the
25 19 treatment program to which the person is committed immediately
25 20 report to the court when the person has received maximum
25 21 benefit from the course for drinking drivers or treatment
25 22 program or has recovered from the person's addiction,
25 23 dependency, or tendency to chronically abuse alcohol or drugs.
25 24 Sec. 52. Section 321J.17, subsection 2, unnumbered
25 25 paragraph 2, Code 2007, is amended to read as follows:
25 26 The court or department may request that the community
25 27 college or substance abuse treatment providers licensed under
25 28 chapter 125 or other approved provider conducting the course
25 29 for drinking drivers that the person is ordered to attend,
25 30 immediately report to the court or department that the person
25 31 has successfully completed the course for drinking drivers.
25 32 The court or department may request that the treatment program
25 33 which the person attends periodically report on the
25 34 defendant's attendance and participation in the program, as
25 35 well as the status of treatment or rehabilitation.
26 1 Sec. 53. Section 321J.22, subsection 1, Code 2007, is
26 2 amended by adding the following new paragraph:
26 3 NEW PARAGRAPH. 0a. "Approved provider" means a provider
26 4 of a course offered out of state for drinking drivers which
26 5 has been approved by the department of education.
26 6 Sec. 54. Section 321J.22, subsection 2, Code 2007, is
26 7 amended by adding the following new paragraph:
26 8 NEW PARAGRAPH. cc. The department of education may
26 9 approve a provider of a course offered out of state for
26 10 drinking drivers upon proof to the department's satisfaction
26 11 that the course is comparable to those offered by community
26 12 colleges and substance abuse treatment programs licensed under
26 13 chapter 125. The department shall comply with the
26 14 requirements of subsection 5 regarding such approved
26 15 providers.
26 16 Sec. 55. Section 331.756, subsection 7, Code Supplement
26 17 2007, is amended to read as follows:
26 18 7. Give advice or a written opinion, without compensation,
26 19 to the board and other county officers and to school and
26 20 township officers, when requested by an officer, upon any
26 21 matters in which the state, county, school, or township is
26 22 interested, or relating to the duty of the officer in any
26 23 matters in which the state, county, school, or township may
26 24 have an interest, but the county attorney shall not appear
26 25 before the board at a hearing in which the state or county is
26 26 not interested.
26 27 Sec. 56. Sections 256.20, 256.23, 297.2, and 297.3, Code
26 28 2007, are repealed.
26 29 Sec. 57. EFFECTIVE DATES. The section of this Act that
26 30 amends section 279.10, subsection 2, takes effect upon
26 31 enactment and the sections of this Act that amend section
26 32 257.17 and section 279.10, subsections 1 and 4, take effect
26 33 July 1, 2009, and are applicable for school years beginning on
26 34 or after that date.
26 35 SF 2278
27 1 kh/nh/cc/26