Senate File 2288 - Reprinted SENATE FILE 2288 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 3136) (As Amended and Passed by the Senate February 23, 2010 ) A BILL FOR An Act relating to the duties and operations of the department 1 of education and local school boards. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 2288 (4) 83 kh/sc
S.F. 2288 Section 1. Section 19B.11, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. It is the policy of this state to provide equal 3 opportunity in school district, area education agency, and 4 community college employment to all persons. An individual 5 shall not be denied equal access to school district, area 6 education agency, or community college employment opportunities 7 because of race, creed, color, religion, national origin, 8 sex, sexual orientation, gender identity, age, or physical or 9 mental disability. It also is the policy of this state to 10 apply affirmative action measures to correct deficiencies in 11 school district, area education agency, and community college 12 employment systems where those remedies are appropriate. This 13 policy shall be construed broadly to effectuate its purposes. 14 Sec. 2. Section 22.7, subsection 1, Code Supplement 2009, 15 is amended to read as follows: 16 1. Personal information in records regarding a student, 17 prospective student, or former student maintained, created, 18 collected or assembled by or for a school corporation or 19 educational institution maintaining such records. This 20 subsection shall not be construed to prohibit a postsecondary 21 education institution from disclosing to a parent or guardian 22 information regarding a violation of a federal, state, or 23 local law, or institutional rule or policy governing the use 24 or possession of alcohol or a controlled substance if the 25 child is under the age of twenty-one years and the institution 26 determines that the student committed a disciplinary violation 27 with respect to the use or possession of alcohol or a 28 controlled substance regardless of whether that information is 29 contained in the student’s education records. This subsection 30 shall not be construed to prohibit a school corporation or 31 educational institution from transferring student records 32 electronically to the department of education, an accredited 33 nonpublic school, an attendance center, a school district, or 34 an accredited postsecondary institution in accordance with 35 -1- SF 2288 (4) 83 kh/sc 1/ 23
S.F. 2288 section 256.9, subsection 47. 1 Sec. 3. Section 256.5A, Code 2009, is amended to read as 2 follows: 3 256.5A Nonvoting member. 4 1. The governor shall appoint the one nonvoting student 5 member of the state board for a term of one year two 6 years beginning and ending as provided in section 69.19. The 7 nonvoting student member shall be appointed from a list of 8 names submitted by the state board of education. Students 9 enrolled in either grade ten or eleven in a public school 10 may apply to the state board to serve as a nonvoting student 11 member. 12 2. The department shall develop an application process that 13 requires the consent of the student’s parent or guardian if 14 the student is a minor, initial application approval by the 15 school district in which the student applicant is enrolled, and 16 submission of approved applications by a school district to the 17 department. 18 3. The nonvoting student member’s school district of 19 enrollment shall notify the student’s parents if the student’s 20 grade point average falls during the period in which the 21 student is a member of the state board. 22 4. The state board shall adopt rules under chapter 17A 23 specifying criteria for the selection of applicants whose 24 names shall be submitted to the governor. Criteria shall 25 include , but are not limited to , academic excellence, 26 participation in extracurricular and community activities, 27 and interest in serving on the board. Rules adopted by the 28 state board shall also require, if the student is a minor, 29 supervision of the student by the student’s parent or guardian 30 while the student is engaged in authorized state board business 31 at a location other than the community in which the student 32 resides, unless the student’s parent or guardian submits to the 33 state board a signed release indicating the parent or guardian 34 has determined that supervision of the student by the parent or 35 -2- SF 2288 (4) 83 kh/sc 2/ 23
S.F. 2288 guardian is unnecessary. 1 5. The nonvoting student member appointment is not subject 2 to section 69.16 or 69.16A. 3 6. The nonvoting student member shall have been enrolled 4 in a public school in Iowa for at least one year prior to the 5 member’s appointment. A nonvoting student member who will not 6 graduate from high school prior to the end of a second term may 7 apply to the state board for submission of candidacy to the 8 governor for a second one-year term. 9 7. A nonvoting student member shall be paid a per diem as 10 provided in section 7E.6 and the student and the student’s 11 parent or guardian shall be reimbursed for actual and necessary 12 expenses incurred in the performance of the student’s duties as 13 a nonvoting member of the state board. 14 8. A vacancy in the membership of the nonvoting student 15 member shall not be filled until the expiration of the term. 16 Sec. 4. Section 256.9, subsections 25 and 26, Code 17 Supplement 2009, are amended by striking the subsections. 18 Sec. 5. Section 256.9, subsection 52, paragraph a, Code 19 Supplement 2009, is amended to read as follows: 20 a. Develop and distribute, in collaboration with the area 21 education agencies, core curriculum technical assistance 22 and implementation strategies that school districts and 23 accredited nonpublic schools shall utilize, including but 24 not limited to the development and delivery of formative and 25 end-of-course model end-of-course and additional assessments 26 classroom teachers may use to measure student progress 27 on the core curriculum adopted pursuant to section 256.7, 28 subsection 26. The department shall, in collaboration with the 29 advisory group convened in accordance with paragraph “b” and 30 educational assessment providers, identify and make available 31 to school districts model end-of-course and additional model 32 end-of-course and additional assessments to align with the 33 expectations included in the Iowa core curriculum. The model 34 assessments shall be suitable to meet the multiple assessment 35 -3- SF 2288 (4) 83 kh/sc 3/ 23
S.F. 2288 measures requirement specified in section 256.7, subsection 21, 1 paragraph “c” . 2 Sec. 6. Section 256.10, subsection 2, Code 2009, is amended 3 to read as follows: 4 2. Appointments to the professional staff of the department 5 shall be made in accordance with section 216.6, subsection 1, 6 and shall be without reference to political party affiliation, 7 religious affiliation, sex, or marital status, but shall be 8 based solely upon fitness, ability, and proper qualifications 9 for the particular position. The professional staff shall 10 serve at the discretion of the director. A member of the 11 professional staff shall not be dismissed for cause without 12 appropriate due process procedures including a hearing an 13 opportunity to meet with the director . 14 Sec. 7. Section 256.30, Code 2009, is amended to read as 15 follows: 16 256.30 Educational expenses for American Indians. 17 1. The department of education shall provide moneys to pay 18 the expense of educating American Indian children residing in 19 the Sac and Fox Indian settlement on land held in trust by 20 the secretary of the interior of the United States in excess 21 of federal moneys paid to the tribal council for educating 22 the American Indian children when moneys are appropriated for 23 that purpose. The tribal council shall administer the moneys 24 distributed to it by the department and shall submit an annual 25 report and other reports as required by the department to the 26 department on the expenditure of the moneys. 27 2. The tribal council shall administer moneys distributed 28 to it by the department of education as provided in subsection 29 1. The tribal council shall first use the moneys distributed 30 to it by the department of education for the purposes of this 31 section to pay the additional costs of salaries for licensed 32 instructional staff for educational attainment and full-time 33 equivalent years of experience to equal the salaries listed on 34 the proposed salary schedule for the school at the Sac and Fox 35 -4- SF 2288 (4) 83 kh/sc 4/ 23
S.F. 2288 Indian settlement for that school year, but the salary for a 1 licensed instructional staff member employed on a full-time 2 basis shall not be less than eighteen thousand dollars. 3 3. The department of management shall approve allotments 4 of moneys appropriated in for purposes of this section when 5 the department of education certifies to the department of 6 management that the requirements of this section have been met . 7 Sec. 8. Section 257.6, subsection 1, paragraph a, 8 subparagraphs (3) and (5), Code Supplement 2009, are amended 9 to read as follows: 10 (3) Shared-time and part-time pupils of school age enrolled 11 in public schools within the district, irrespective of the 12 districts in which the pupils reside, in the proportion that 13 the time for which they are enrolled or receive instruction for 14 the school year is to the time that full-time pupils carrying 15 a normal course schedule, at the same grade level, in the 16 same school district, for the same school year, are enrolled 17 and receive instruction. Tuition charges to the parent or 18 guardian of a shared-time or part-time nonresident pupil shall 19 be reduced by the amount of any increased state aid received by 20 the district by the counting of the pupil. This subparagraph 21 applies to pupils enrolled in grades nine through twelve under 22 section 299A.8 and to pupils from accredited nonpublic schools 23 accessing classes or services on the accredited nonpublic 24 school premises or the school district site, but excludes 25 accredited nonpublic school pupils receiving classes or 26 services funded by federal grants or allocations. 27 (5) Resident pupils receiving competent private instruction 28 from a licensed practitioner provided through a public 29 school district pursuant to chapter 299A shall be counted as 30 three-tenths of one pupil. Revenues received by a school 31 district attributed to a school district’s weighted enrollment 32 pursuant to this paragraph shall be expended for the purpose 33 for which the weighting was assigned under this paragraph. If 34 the school district determines that the expenditures associated 35 -5- SF 2288 (4) 83 kh/sc 5/ 23
S.F. 2288 with providing competent private instruction pursuant to 1 chapter 299A are in excess of the revenue attributed to the 2 school district’s weighted enrollment for such instruction 3 in accordance with this subparagraph, the school district 4 may submit a request to the school budget review committee 5 for modified allowable growth in accordance with section 6 257.31, subsection 5, paragraph “n” . A home school assistance 7 program shall not provide moneys received pursuant to this 8 subparagraph, nor resources paid for with moneys received 9 pursuant to this subparagraph, to parents or students utilizing 10 the program. Moneys received by a school district pursuant to 11 this subparagraph shall be used as provided in section 299A.12. 12 Sec. 9. Section 257.31, subsection 2, Code Supplement 2009, 13 is amended to read as follows: 14 2. The committee shall specify the number of hearings held 15 annually, the reasons for the committee’s recommendations, a 16 summary of decisions, information about the amounts of property 17 tax levied by school districts for a cash reserve, and other 18 information the committee deems advisable on the department of 19 education’s internet website site . 20 Sec. 10. Section 257.37, subsection 4, Code 2009, is amended 21 to read as follows: 22 4. “Enrollment served” means the basic enrollment plus the 23 number of nonpublic school pupils served with media services 24 or educational services, as applicable, except that if a 25 nonpublic school pupil or a pupil attending another district 26 under a whole grade sharing agreement or open enrollment 27 receives services through an area other than the area of the 28 pupil’s residence, the pupil shall be deemed to be served by 29 the area of the pupil’s residence, which shall by contractual 30 arrangement reimburse the area through which the pupil actually 31 receives services. Each school district shall include in 32 the enrollment report submitted pursuant to section 257.6, 33 subsection 1, the number of nonpublic school pupils within each 34 school district for media and educational services served by 35 -6- SF 2288 (4) 83 kh/sc 6/ 23
S.F. 2288 the area. However, the school district shall not include in 1 the enrollment report nonpublic school pupils receiving classes 2 or services funded by federal grants or allocations. 3 Sec. 11. Section 257B.33, Code 2009, is amended to read as 4 follows: 5 257B.33 Suit —— attorney fee. 6 If the debtor does not comply with the notice, the auditor 7 shall report the noncompliance to the county attorney, 8 who shall board of directors of the school district, which 9 may bring an action to recover the debt, and an injunction may 10 issue for cause, without bond when so petitioned, and there 11 shall be allowed in the judgment, entered and taxed as a part 12 of the costs in the case, a reasonable sum as compensation to 13 plaintiff’s attorney, not exceeding the amount provided by law 14 for attorneys’ fees. 15 Sec. 12. Section 259A.1, Code 2009, is amended to read as 16 follows: 17 259A.1 Tests. 18 The department of education shall cause to be made 19 available for qualified individuals a high school equivalency 20 diploma. The diploma shall be issued on the basis of 21 satisfactory competence as shown by tests covering all of the 22 following: reading, arts, language arts, writing language 23 arts-reading, language arts-writing , mathematics, science, and 24 social studies. 25 Sec. 13. Section 261E.8, subsection 5, Code Supplement 26 2009, is amended by striking the subsection. 27 Sec. 14. Section 273.3, subsection 12, Code Supplement 28 2009, is amended to read as follows: 29 12. Prepare an annual budget estimating income and 30 expenditures for programs and services as provided in sections 31 273.1 to 273.9 and chapter 256B within the limits of funds 32 provided under section 256B.9 and chapter 257. The board 33 shall give notice of a public hearing on the proposed budget 34 by publication in an official county newspaper in each county 35 -7- SF 2288 (4) 83 kh/sc 7/ 23
S.F. 2288 in the territory of the area education agency in which the 1 principal place of business of a school district that is a part 2 of the area education agency is located. The notice shall 3 specify the date, which shall be not later than March 1 of 4 each year, the time, and the location of the public hearing. 5 The proposed budget as approved by the board shall then be 6 submitted to the state board of education, on forms provided 7 by the department, no later than March 15 preceding the 8 next fiscal year for approval. The state board shall review 9 the proposed budget of each area education agency and shall 10 before April May 1, either grant approval or return the budget 11 without approval with comments of the state board included. An 12 unapproved budget shall be resubmitted to the state board for 13 final approval not later than April May 15. For the fiscal 14 year beginning July 1, 1999, and each succeeding fiscal year, 15 the The state board shall give final approval only to budgets 16 submitted by area education agencies accredited by the state 17 board or that have been given conditional accreditation by the 18 state board. 19 Sec. 15. Section 273.23, subsection 5, Code 2009, is amended 20 to read as follows: 21 5. The initial board, or new board if established in time 22 under subsection 3, of the newly formed agency shall prepare an 23 annual budget estimating income and expenditures for programs 24 and services as provided in sections 273.1 through 273.9 25 and chapter 256B within the limits of funds provided under 26 section 256B.9 and chapter 257. The board shall give notice 27 of a public hearing on the proposed budget by publication in 28 an official county newspaper in each county in the territory 29 of the area education agency in which the principal place 30 of business of a school district that is a part of the area 31 education agency is located. The notice shall specify the 32 date, which shall not be later than March 1, the time, and 33 the location of the public hearing. The proposed budget as 34 approved by the board shall be submitted to the state board, 35 -8- SF 2288 (4) 83 kh/sc 8/ 23
S.F. 2288 on forms provided by the department, no later than March 15 1 for approval. The state board shall review the proposed 2 budget of the newly formed area education agency and shall, 3 before April May 1, either grant approval or return the budget 4 without approval with comments of the state board included. An 5 unapproved budget shall be resubmitted to the state board for 6 final approval not later than April May 15. The state board 7 shall give final approval only to budgets submitted by area 8 education agencies accredited by the state board or that have 9 been given conditional accreditation by the state board. 10 Sec. 16. Section 279.30, Code 2009, is amended to read as 11 follows: 12 279.30 Exceptions. 13 Each payment must be made payable to the person entitled to 14 receive the money or deposited directly into an account at a 15 financial institution, as defined in section 527.2, specified 16 by the person entitled to receive the money . The board of 17 directors of a school district or an area education agency may 18 by resolution authorize the secretary, upon approval of the 19 superintendent or designee, or administrator, in the case of 20 an area education agency, to issue payments when the board 21 of directors is not in session in payment of reasonable and 22 necessary expenses, but only upon verified bills filed with the 23 secretary or administrator, and for the payment of salaries 24 pursuant to the terms of a written contract. Each payment 25 must be made payable only to the person performing the service 26 or presenting the verified bill, and must state the purpose 27 for which the payment is issued. All bills and salaries for 28 which payments are issued prior to audit and allowance by the 29 board must be passed upon by the board of directors at the next 30 meeting and be entered in the regular minutes of the secretary. 31 Sec. 17. Section 279.42, Code 2009, is amended to read as 32 follows: 33 279.42 Gifts to schools. 34 The board of directors of a school district which that 35 -9- SF 2288 (4) 83 kh/sc 9/ 23
S.F. 2288 receives funds through gifts, devises, and bequests a gift, 1 devise, or bequest shall deposit these the funds in a trust 2 and , permanent, or agency fund and shall use them the funds in 3 accordance with the terms of the gift, devise, or bequest. 4 Sec. 18. Section 280.3, subsection 2, Code 2009, is amended 5 to read as follows: 6 2. The minimum educational program shall be the curriculum 7 set forth in subsection 3 of this section and section 256.11, 8 except as otherwise provided by law. The board of directors of 9 a public school district shall not allow discrimination in any 10 educational program on the basis of race, color, creed, sex, 11 marital status, sexual orientation, gender identity, or place 12 of national origin. 13 Sec. 19. Section 282.9, subsection 1, Code Supplement 2009, 14 is amended to read as follows: 15 1. Notwithstanding this chapter and sections 275.55A , and 16 256F.4, and 282.18 , or any other provision to the contrary, 17 prior to knowingly enrolling an individual who is required 18 to register as a sex offender under chapter 692A, but who is 19 otherwise eligible to enroll in a public school, the board of 20 directors of a school district shall determine the educational 21 placement of the individual. Upon receipt of notice that a 22 student who is enrolled in the district is required to register 23 as a sex offender under chapter 692A, the board shall determine 24 the educational placement of the student. The tentative agenda 25 for the meeting of the board of directors at which the board 26 will consider such enrollment or educational placement shall 27 specifically state that the board is considering the enrollment 28 or educational placement of an individual who is required 29 to register as a sex offender under chapter 692A. If the 30 individual is denied enrollment in a school district under this 31 section, the school district of residence shall provide the 32 individual with educational services in an alternative setting. 33 Sec. 20. Section 282.18, subsection 4, Code Supplement 34 2009, is amended by adding the following new paragraph: 35 -10- SF 2288 (4) 83 kh/sc 10/ 23
S.F. 2288 NEW PARAGRAPH . Oc. If a request for transfer is submitted 1 to the receiving district after March 1 of the preceding 2 school year on behalf of a pupil whose sibling is already 3 participating in open enrollment, the receiving district shall 4 take action to approve the request. 5 Sec. 21. Section 282.18, subsection 5, Code Supplement 6 2009, is amended to read as follows: 7 5. Open enrollment applications filed after March 1 8 of the preceding school year that do not qualify for good 9 cause approval as provided in subsection 4 shall be subject 10 to the approval of the board of the resident district and 11 the board of the receiving district. The parent or guardian 12 shall send notification to the district of residence and the 13 receiving district that the parent or guardian seeks to enroll 14 the parent’s or guardian’s child in the receiving district. A 15 decision of either board to deny an application filed under 16 this subsection involving repeated acts of harassment of the 17 student or serious health condition of the student that the 18 resident district cannot adequately address is subject to 19 appeal under section 290.1. The state board shall exercise 20 broad discretion to achieve just and equitable results that are 21 in the best interest of the affected child or children. 22 Sec. 22. Section 284.10, subsection 2, Code 2009, is amended 23 to read as follows: 24 2. An administrator licensed under chapter 272 who conducts 25 evaluations of teachers for purposes of this chapter shall 26 complete the evaluator training program. A practitioner 27 licensed under chapter 272 who is not an administrator 28 may enroll in the evaluator training program. Enrollment 29 preference shall be given to administrators and to other 30 practitioners who are not beginning teachers . Upon successful 31 completion, the provider shall certify that the administrator 32 or other practitioner is qualified to conduct evaluations 33 for employment, make recommendations for licensure, and make 34 recommendations that a teacher is qualified to advance from one 35 -11- SF 2288 (4) 83 kh/sc 11/ 23
S.F. 2288 career path level to the next career path level pursuant to 1 this chapter. Certification is for a period of five years and 2 may be renewed. 3 Sec. 23. Section 284A.2, subsection 2, Code Supplement 4 2009, is amended to read as follows: 5 2. “Beginning administrator” means an individual serving 6 under an initial administrator license, issued by the board 7 of educational examiners under chapter 272, who is assuming 8 a position as a school district administrator principal or 9 superintendent for the first time. 10 Sec. 24. Section 284A.5, subsections 3 and 5, Code 2009, are 11 amended to read as follows: 12 3. Each school board shall establish an administrator 13 mentoring program for all beginning administrators. The 14 school board may adopt the model program developed by the 15 department pursuant to subsection 2. Each school board’s 16 beginning administrator mentoring and induction program 17 shall, at a minimum, provide for one year of programming to 18 support the Iowa standards for school administrators adopted 19 pursuant to section 256.7, subsection 27, and beginning 20 administrators’ professional and personal needs. Each school 21 board shall develop an initial and implement a beginning 22 administrator mentoring and induction plan. The plan shall 23 describe the mentor selection process, describe supports for 24 beginning administrators, describe program organizational 25 and collaborative structures, provide a budget, provide 26 for sustainability of the program, and provide for program 27 evaluation. The school board employing an administrator shall 28 determine the conditions and requirements of an administrator 29 participating in a program established pursuant to this 30 section. A school board shall include its plan in the school 31 district’s comprehensive school improvement plan submitted 32 pursuant to section 256.7, subsection 21. 33 5. By the end of a beginning administrator’s first year of 34 employment, the beginning administrator may be comprehensively 35 -12- SF 2288 (4) 83 kh/sc 12/ 23
S.F. 2288 evaluated to determine if the administrator meets expectations 1 to move to a standard professional administrator license , 2 where appropriate . The school district or area education 3 agency that employs a beginning administrator shall recommend 4 the beginning administrator for a standard professional 5 administrator license , where appropriate, if the beginning 6 administrator is determined through a comprehensive evaluation 7 to demonstrate competence in the Iowa standards for school 8 administrators adopted pursuant to section 256.7, subsection 9 27. A school district or area education agency may allow a 10 beginning administrator a second year to demonstrate competence 11 in the Iowa standards for school administrators if, after 12 conducting a comprehensive evaluation, the school district 13 or area education agency determines that the administrator 14 is likely to successfully demonstrate competence in the Iowa 15 standards for school administrators by the end of the second 16 year. Upon notification by the school district or area 17 education agency, the board of educational examiners shall 18 grant a beginning administrator who has been allowed a second 19 year to demonstrate competence a one-year extension of the 20 beginning administrator’s initial license. An administrator 21 granted a second year to demonstrate competence shall undergo a 22 comprehensive evaluation at the end of the second year. 23 Sec. 25. Section 284A.6, subsection 2, Code 2009, is amended 24 to read as follows: 25 2. In cooperation with the administrator’s evaluator, the 26 administrator who has a standard administrator’s professional 27 administrator license issued by the board of educational 28 examiners pursuant to chapter 272 and is employed by a 29 school district or area education agency in a school 30 district administrative position, shall develop an individual 31 administrator professional development plan. The purpose 32 of the plan is to promote individual and group professional 33 development. The individual plan shall be based, at a minimum, 34 on the needs of the administrator, the Iowa standards for 35 -13- SF 2288 (4) 83 kh/sc 13/ 23
S.F. 2288 school administrators adopted pursuant to section 256.7, 1 subsection 27, and the student achievement goals of the 2 attendance center and the school district as outlined in the 3 comprehensive school improvement plan. 4 Sec. 26. Section 284A.7, Code 2009, is amended to read as 5 follows: 6 284A.7 Evaluation requirements for administrators. 7 A school district shall conduct an evaluation of 8 an administrator who holds a standard professional 9 administrator license issued under chapter 272 at least once 10 every three years for purposes of assisting the administrator 11 in making continuous improvement, documenting continued 12 competence in the Iowa standards for school administrators 13 adopted pursuant to section 256.7, subsection 27, or to 14 determine whether the administrator’s practice meets school 15 district expectations. The review shall include, at a minimum, 16 an assessment of the administrator’s competence in meeting 17 the Iowa standards for school administrators and the goals of 18 the administrator’s individual professional development plan, 19 including supporting documentation or artifacts aligned to the 20 Iowa standards for school administrators and the individual 21 administrator’s professional development plan. 22 Sec. 27. Section 284A.8, Code Supplement 2009, is amended 23 to read as follows: 24 284A.8 Beginning administrator mentoring and induction 25 program —— program funds. 26 1. To the extent moneys are available, a school district 27 shall receive one thousand five hundred dollars per beginning 28 administrator participating in the program. If the funds 29 appropriated for the program are insufficient to pay mentors 30 and school districts as provided in this section , the 31 department shall prorate the amount distributed to school 32 districts based upon the amount appropriated. Moneys received 33 by a school district pursuant to this section shall be expended 34 to provide each mentor with an award of five hundred dollars 35 -14- SF 2288 (4) 83 kh/sc 14/ 23
S.F. 2288 per semester, at a minimum, for participation in the school 1 district’s beginning administrator mentoring and induction 2 program; to implement the plan; and to pay any applicable costs 3 of the employer’s share of contributions to federal social 4 security and the Iowa public employees’ retirement system or a 5 pension and annuity retirement system established under chapter 6 294, for such amounts paid by the district. 7 2. If the funds appropriated for the program are 8 insufficient to pay mentors and school districts as provided 9 in this section, the department shall prorate the amount 10 distributed to school districts based upon the amount 11 appropriated. A school district shall give priority to fully 12 funding the obligation to principal mentors. Remaining moneys, 13 if any, shall first be used to fund superintendent mentors and 14 then to fund other program costs and applicable costs described 15 in subsection 1. 16 Sec. 28. Section 285.9, Code 2009, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 5. Review all transportation disputes 19 between districts. If the affected districts are located in 20 more than one area education agency, the area education agency 21 in which the affected district with the greatest certified 22 enrollment is located shall be the reviewing agency. In 23 resolving disputes between districts, the reviewing agency 24 board shall, after receiving all facts, make such alterations 25 or changes as necessary to make the arrangements, designations, 26 and contracts conform to the legal and established requirements 27 and shall notify each affected local school board of such 28 action. An affected district may appeal the decision of the 29 agency board to the director of the department of education by 30 following the timelines and procedures in section 285.12. 31 Sec. 29. Section 291.1, Code 2009, is amended to read as 32 follows: 33 291.1 President —— duties. 34 The president of the board of directors shall preside at 35 -15- SF 2288 (4) 83 kh/sc 15/ 23
S.F. 2288 all of its meetings, sign all contracts made by the board, 1 and appear in on behalf of the corporation in all actions 2 brought by or against it, unless individually a party, in 3 which case this duty shall be performed by the secretary. 4 The president or the president’s designee shall sign, using 5 an original or facsimile signature, all school district 6 warrants payments drawn and authorize electronic funds 7 transfers as provided by law. The board of directors, by 8 resolution, may designate an individual, who shall not be the 9 secretary, to sign warrants payments or authorize electronic 10 funds transfers on behalf of the president. 11 Sec. 30. Section 291.6, subsection 3, Code 2009, is amended 12 by striking the subsection and inserting in lieu thereof the 13 following: 14 3. Accounting records. Keep an accurate accounting record 15 of each payment or electronic funds transfer from each fund 16 which shall be provided monthly to the board of directors. The 17 secretary of the creditor district shall prepare and deliver to 18 debtor districts an itemized statement of tuition fees charged 19 in accordance with sections 275.55A and 282.11, and section 20 282.24, subsection 1. 21 Sec. 31. Section 291.6, subsection 4, Code 2009, is amended 22 to read as follows: 23 4. Claims. Keep an accurate account accounting of all 24 expenses incurred by the corporation, and present the same to 25 the board for audit and payment. 26 Sec. 32. Section 291.7, Code 2009, is amended to read as 27 follows: 28 291.7 Monthly receipts, disbursements, and balances. 29 The secretary of each district shall file monthly with 30 the board of directors a complete statement of all receipts 31 and disbursements from the various funds each individual 32 fund during the preceding month, and also the balance remaining 33 on hand in the various funds each individual fund at the 34 close of the period covered by the statement, which monthly 35 -16- SF 2288 (4) 83 kh/sc 16/ 23
S.F. 2288 statements shall be open to public inspection. 1 Sec. 33. Section 291.8, Code 2009, is amended by striking 2 the section and inserting in lieu thereof the following: 3 291.8 Payments. 4 The secretary shall make each authorized payment, 5 countersign using an original or facsimile signature, and 6 maintain accounting records of the payments or electronic funds 7 transfers, showing the number, date, payee, originating fund, 8 the purpose, and the amount, and shall provide to the board at 9 each regular annual meeting a copy of the accounting records 10 maintained by the secretary. 11 Sec. 34. Section 291.12, Code 2009, is amended to read as 12 follows: 13 291.12 Duties of treasurer —— payment of warrants payments . 14 The treasurer shall receive all moneys belonging to the 15 corporation, pay the same out only upon the order of the 16 president countersigned by the secretary, keeping and shall 17 keep an accurate account accounting record of all receipts 18 and expenditures in a book provided for that purpose . The 19 treasurer shall register all orders drawn payments and 20 electronic funds transfers made and reported to the treasurer 21 by the secretary, showing the number, date, to whom drawn, the 22 fund upon from which drawn each payment and transfer was made , 23 the purpose and amount. 24 Sec. 35. Section 291.14, Code 2009, is amended to read as 25 follows: 26 291.14 Financial statement. 27 The treasurer shall render a statement of the finances of the 28 corporation whenever required by the board, and the treasurer’s 29 books accounting records shall always be open for inspection. 30 Sec. 36. Section 298A.13, Code 2009, is amended to read as 31 follows: 32 298A.13 Trust , permanent, or agency funds. 33 Trust , permanent, or agency funds shall be established by 34 any school corporation to account for gifts it receives to 35 -17- SF 2288 (4) 83 kh/sc 17/ 23
S.F. 2288 be used for a particular purpose or to account for money and 1 property received and administered by the district as trustee 2 or custodian or in the capacity of an agent. Boards may 3 establish trust and , permanent, or agency funds as necessary. 4 Sec. 37. Section 299A.11, Code 2009, is amended to read as 5 follows: 6 299A.11 Student records confidential. 7 Notwithstanding any provision of law or rule to the 8 contrary, personal information in records regarding a child 9 receiving competent private instruction pursuant to this 10 chapter, which are maintained, created, collected, or assembled 11 by or for a state agency, shall be kept confidential in 12 the same manner as personal information in student records 13 maintained, created, collected, or assembled by or for a school 14 corporation or educational institution in accordance with 15 section 22.7, subsection 1. For purposes of this section, 16 “personal information in records regarding a child receiving 17 competent private instruction” shall include the child’s 18 name and home address as well as all other information that 19 personally identifies the child. 20 Sec. 38. NEW SECTION . 299A.12 Home school assistance 21 program. 22 1. The board of directors of a school district may expend 23 moneys received pursuant to section 257.6, subsection 1, 24 paragraph “a” , subparagraph (5), for purposes of providing a 25 home school assistance program. 26 2. Purposes for which a school district may expend funds 27 received pursuant to section 257.6, subsection 1, paragraph 28 “a” , subparagraph (5), shall include but not be limited to the 29 following: 30 a. Assisting parents with instruction. 31 b. Student and teaching-parent support services and staff 32 support services. 33 c. Salary and benefits for the supervising teacher of 34 the home school assistance program students. If the teacher 35 -18- SF 2288 (4) 83 kh/sc 18/ 23
S.F. 2288 is a part-time home school assistance program teacher and a 1 part-time regular classroom teacher, funds received pursuant to 2 section 257.6, subsection 1, paragraph “a” , subparagraph (5), 3 may be used only for the portion of time in which the teacher is 4 a home school assistance program teacher. 5 d. Salary and benefits for clerical and office staff of 6 the home school assistance program. If the staff members are 7 shared with other programs or functions within the district, 8 funds received pursuant to section 257.6, subsection 1, 9 paragraph “a” , subparagraph (5), shall only be expended for 10 the portion of time spent providing the home school assistance 11 program services. 12 e. Staff development for the home school assistance program 13 teacher. 14 f. Travel for the home school assistance program teacher. 15 g. Resources, materials, computer software and hardware, 16 and supplies, and purchased services that meet the following 17 criteria: 18 (1) Are necessary to provide the services of home school 19 assistance. 20 (2) Are retained as the possessions of the school district 21 for its prekindergarten through grade twelve home school 22 assistance program. 23 3. Purposes for which a school district shall not expend 24 funds received pursuant to section 257.6, subsection 1, 25 paragraph “a” , subparagraph (5), include but are not limited to 26 the following: 27 a. Indirect costs or use charges. 28 b. Operational or maintenance costs in addition to the cost 29 of maintaining school district facilities. 30 c. Capital expenditures. 31 d. Student transportation except in cases of home school 32 assistance program-approved field trips or other educational 33 activities. 34 e. Administrative costs. 35 -19- SF 2288 (4) 83 kh/sc 19/ 23
S.F. 2288 f. Concurrent enrollment program costs and postsecondary 1 enrollment options program costs. 2 g. Any other expenditures not directly related to providing 3 the home school assistance program. A home school assistance 4 program shall not provide moneys to parents or students 5 utilizing the program. 6 Sec. 39. Section 321.1, subsection 69, unnumbered paragraph 7 1, Code Supplement 2009, is amended to read as follows: 8 “School bus” means every vehicle operated for the 9 transportation of children to or from school or school 10 activities , except vehicles which are: 11 Sec. 40. Section 321.1, subsection 69, paragraph d, Code 12 Supplement 2009, is amended to read as follows: 13 d. Designed to carry not more than nine persons as 14 passengers, either school owned or privately owned, which 15 are used to transport pupils to activity events in which the 16 pupils are participants or used to transport pupils to their 17 homes in case of illness or other emergency situations. The 18 vehicles operated under the provisions of this paragraph 19 shall be operated by employees of the school district who are 20 specifically approved by the local superintendent of schools 21 for the assignment. 22 Sec. 41. Section 321.373, subsection 1, Code 2009, is 23 amended to read as follows: 24 1. Every school bus except private passenger vehicles 25 used as school buses as defined in section 321.1, subsection 26 69, shall be constructed and equipped to meet safety standards 27 prescribed in rules adopted by the state board of education. 28 Such rules shall conform to safety standards set forth in 29 federal laws and regulations and shall conform, insofar 30 as practicable, to the minimum standards for school buses 31 recommended by the national conference on school transportation 32 administered by the national commission on safety education and 33 published by the national education association. 34 Sec. 42. Section 321.376, Code Supplement 2009, is amended 35 -20- SF 2288 (4) 83 kh/sc 20/ 23
S.F. 2288 by adding the following new subsection: 1 NEW SUBSECTION . 3. The provisions of this section relating 2 to a certificate of qualification and approved course of 3 instruction shall not apply to a person driving a vehicle 4 designed to carry not more than nine persons as passengers, 5 either school owned or privately owned, used to transport 6 pupils to school activities or events. 7 Sec. 43. Section 321.379, Code 2009, is amended to read as 8 follows: 9 321.379 Violations. 10 No school board, individual, or organization shall purchase, 11 construct, or contract for use, to transport pupils to or 12 from school or school activities , any school bus which does 13 not comply with the minimum requirements of section 321.373 14 and any individual, or any member or officer of such board or 15 organization who authorizes, the purchase, construction, or 16 contract for any such bus not complying with these minimum 17 requirements shall be guilty of a misdemeanor punishable as 18 provided in section 321.482. 19 Sec. 44. Section 321J.3, subsection 1, paragraph c, Code 20 2009, is amended to read as follows: 21 c. The court may prescribe the length of time for the 22 evaluation and treatment or it may request that the community 23 college or other approved provider conducting the course 24 for drinking drivers which the person is ordered to attend 25 or the treatment program to which the person is committed 26 immediately report to the court when the person has received 27 maximum benefit from the course for drinking drivers or 28 treatment program or has recovered from the person’s addiction, 29 dependency, or tendency to chronically abuse alcohol or drugs. 30 Sec. 45. Section 321J.17, subsection 2, paragraph b, Code 31 2009, is amended to read as follows: 32 b. The court or department may request that the community 33 college or substance abuse treatment providers licensed under 34 chapter 125 or other approved provider conducting the course 35 -21- SF 2288 (4) 83 kh/sc 21/ 23
S.F. 2288 for drinking drivers that the person is ordered to attend 1 immediately report to the court or department that the person 2 has successfully completed the course for drinking drivers. 3 The court or department may request that the treatment program 4 which the person attends periodically report on the defendant’s 5 attendance and participation in the program, as well as the 6 status of treatment or rehabilitation. 7 Sec. 46. Section 321J.22, subsection 1, Code 2009, is 8 amended by adding the following new paragraph: 9 NEW PARAGRAPH . Oa. “Approved provider” means a provider of 10 a course offered outside this state for drinking drivers which 11 has been approved by the department of education. 12 Sec. 47. Section 321J.22, subsection 2, Code 2009, is 13 amended by adding the following new paragraph: 14 NEW PARAGRAPH . Od. The department of education may approve 15 a provider of a course offered outside this state for drinking 16 drivers upon proof to the department’s satisfaction that the 17 course is comparable to those offered by community colleges, 18 substance abuse treatment programs licensed under chapter 125, 19 and state correctional facilities as provided in this section. 20 The department shall comply with the requirements of subsection 21 5 regarding such approved providers. 22 Sec. 48. Section 331.756, subsection 7, Code 2009, is 23 amended to read as follows: 24 7. Give advice or a written opinion, without compensation, 25 to the board and other county officers and to school 26 and township officers, when requested by an officer, upon 27 any matters in which the state, county, school, or township 28 is interested, or relating to the duty of the officer in any 29 matters in which the state, county, school, or township may 30 have an interest, but the county attorney shall not appear 31 before the board at a hearing in which the state or county is 32 not interested. 33 Sec. 49. Section 331.756, subsection 54, Code 2009, is 34 amended by striking the subsection. 35 -22- SF 2288 (4) 83 kh/sc 22/ 23
S.F. 2288 Sec. 50. REPEAL. Sections 256.20 and 256.23, Code 2009, 1 are repealed. 2 Sec. 51. STATE MANDATE FUNDING SPECIFIED. In accordance 3 with section 25B.2, subsection 3, the state cost of requiring 4 compliance with any state mandate included in this Act shall 5 be paid by a school district from state school foundation aid 6 received by the school district under section 257.16. This 7 specification of the payment of the state cost shall be deemed 8 to meet all of the state funding-related requirements of 9 section 25B.2, subsection 3, and no additional state funding 10 shall be necessary for the full implementation of this Act 11 by and enforcement of this Act against all affected school 12 districts. 13 -23- SF 2288 (4) 83 kh/sc 23/ 23