House File 454 - Reprinted HOUSE FILE 454 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 89) (As Amended and Passed by the House March 26, 2013 ) A BILL FOR An Act relating to education by modifying the duties and 1 operations of the department of education, community 2 colleges, the school budget review committee, and local 3 school boards, and eliminating a reporting requirement 4 relating to vocational education funds. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 HF 454 (3) 85 kh/sc/md
H.F. 454 Section 1. Section 256.5A, Code 2013, is amended to read as 1 follows: 2 256.5A Nonvoting member. 3 1. a. The governor shall appoint the one nonvoting student 4 member of the state board for a term of one year beginning 5 and ending if the student is enrolled in grade eleven or for 6 a term of two years if the student is enrolled in grade ten. 7 The term shall begin and end as provided in section 69.19. 8 The nonvoting student member shall be appointed from a list 9 of names submitted by the state board of education. Students 10 enrolled in either grade ten or eleven in a public school 11 may apply to the state board to serve as a nonvoting student 12 member. 13 b. The department shall develop an application process that 14 requires the consent of the student’s parent or guardian if 15 the student is a minor, initial application approval by the 16 school district in which the student applicant is enrolled, and 17 submission of approved applications by a school district to the 18 department. 19 2. The nonvoting student member’s school district of 20 enrollment shall notify the student’s parents if the student’s 21 grade point average falls during the period in which the 22 student is a member of the state board. 23 3. The state board shall adopt rules under chapter 17A 24 specifying criteria for the selection of applicants whose names 25 shall be submitted to the governor. Criteria shall include , 26 but are not limited to , academic excellence, participation 27 in extracurricular and community activities, and interest in 28 serving on the board. Rules adopted by the state board shall 29 also require, if the student is a minor, supervision of the 30 student by the student’s parent or guardian while the student 31 is engaged in authorized state board business at a location 32 other than the community in which the student resides, unless 33 the student’s parent or guardian submits to the state board a 34 signed release indicating the parent or guardian has determined 35 -1- HF 454 (3) 85 kh/sc/md 1/ 18
H.F. 454 that supervision of the student by the parent or guardian is 1 unnecessary. 2 4. The nonvoting student member appointment is not subject 3 to section 69.16 or 69.16A . 4 5. The nonvoting student member shall have been enrolled 5 in a public school in Iowa for at least one year prior to the 6 member’s appointment. A nonvoting student member who will not 7 graduate from high school prior to the end of a second term may 8 apply to the state board for submission of candidacy to the 9 governor for a second one-year term. 10 6. A nonvoting student member shall be paid a per diem as 11 provided in section 7E.6 and the student and the student’s 12 parent or guardian shall be reimbursed for actual and necessary 13 expenses incurred in the performance of the student’s duties as 14 a nonvoting member of the state board. 15 7. A vacancy in the membership of the nonvoting student 16 member shall not be filled until the expiration of the term. 17 Sec. 2. Section 256.30, Code 2013, is amended to read as 18 follows: 19 256.30 Educational expenses for American Indians. 20 1. For the fiscal year beginning July 1, 2011, and ending 21 June 30, 2012, and for each succeeding fiscal year, there 22 is appropriated from the general fund of the state to the 23 department the sum of one hundred thousand dollars. The 24 department shall distribute the appropriation to the tribal 25 council of the Sac and Fox Indian settlement for expenses of 26 educating American Indian children residing in the Sac and Fox 27 Indian settlement on land held in trust by the secretary of 28 the interior of the United States in excess of federal moneys 29 paid to the tribal council for educating the American Indian 30 children when moneys are appropriated for that purpose . The 31 tribal council shall administer the moneys distributed pursuant 32 to this section and shall submit an annual report and other 33 reports as required by the department to the department on the 34 expenditure of the moneys. 35 -2- HF 454 (3) 85 kh/sc/md 2/ 18
H.F. 454 2. The tribal council shall administer the moneys 1 distributed by the department pursuant to subsection 1 and 2 shall first use moneys distributed to it by the department 3 of education for the purposes of this section to pay the 4 additional costs of salaries for licensed instructional staff 5 for educational attainment and full-time equivalent years 6 of experience to equal the salaries listed on the proposed 7 salary schedule for the school at the Sac and Fox Indian 8 settlement for that school year, but the salary for a licensed 9 instructional staff member employed on a full-time basis shall 10 not be less than eighteen thousand dollars. The department of 11 management shall approve allotments of moneys appropriated in 12 and distributed pursuant to this section when the department of 13 education certifies to the department of management that the 14 requirements of this section have been met . 15 Sec. 3. Section 256B.7, Code 2013, is amended to read as 16 follows: 17 256B.7 Examinations of children. 18 In order to render proper instruction to each child 19 requiring special education, the school districts shall certify 20 children requiring special education for special instruction 21 in accordance with the requirements set up by the division 22 of special education and shall provide examinations for 23 children preliminary to making certification. The examinations 24 necessary for the certification of children requiring special 25 education shall be prescribed by the state division of special 26 education. Final decision in case of disagreement or appeal 27 is the responsibility of the director of the department of 28 education, who may secure the advice of competent medical and 29 educational authorities including the Iowa department of public 30 health, the university hospitals, the department of human 31 services, the superintendent of the state school for the deaf, 32 and the superintendent of the Iowa braille and sight saving 33 school Disputes concerning a child’s eligibility for special 34 education shall be addressed under rules and procedures adopted 35 -3- HF 454 (3) 85 kh/sc/md 3/ 18
H.F. 454 by the state board of education pursuant to section 256B.6 1 and consistent with the federal Individuals with Disabilities 2 Education Act of 2004, 20 U.S.C. § 1400 et seq . 3 Sec. 4. Section 257.6, subsection 1, paragraph a, 4 subparagraph (3), Code 2013, is amended to read as follows: 5 (3) Shared-time and part-time pupils of school age enrolled 6 in public schools within the district, irrespective of the 7 districts in which the pupils reside, in the proportion that 8 the time for which they are enrolled or receive instruction for 9 the school year is to the time that full-time pupils carrying 10 a normal course schedule, at the same grade level, in the 11 same school district, for the same school year, are enrolled 12 and receive instruction. Tuition charges to the parent or 13 guardian of a shared-time or part-time nonresident pupil shall 14 be reduced by the amount of any increased state aid received by 15 the district by the counting of the pupil. This subparagraph 16 applies to pupils enrolled in grades nine through twelve under 17 section 299A.8 and to pupils from accredited nonpublic schools 18 accessing classes or services on the accredited nonpublic 19 school premises or the school district site, but excludes 20 accredited nonpublic school pupils receiving classes or 21 services funded entirely by federal grants or allocations. 22 Sec. 5. Section 257.11, subsection 3, paragraph c, Code 23 2013, is amended by striking the paragraph. 24 Sec. 6. Section 257.11, Code 2013, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 7A. District to community college 27 innovative sharing project. A school district that collaborates 28 with a community college to provide pupils enrolled in the 29 school district’s high school with a class that uses an 30 activities-based, project-based, and problem-based learning 31 approach that is offered through a partnership with a 32 nationally recognized provider of rigorous and innovative 33 science, technology, engineering, and mathematics curriculum 34 for schools, which provider is exempt from taxation under 35 -4- HF 454 (3) 85 kh/sc/md 4/ 18
H.F. 454 section 501(c)(3) of the Internal Revenue Code, is eligible to 1 assign its resident pupils attending the class an additional 2 weighting of the percentage of the pupil’s school day during 3 which the pupil attends a class described in this subsection 4 times seventy hundredths. To qualify for additional weighting, 5 the class must supplement, not supplant, high school courses 6 required to be offered pursuant to section 256.11, subsection 7 5. 8 Sec. 7. Section 257.37, subsection 4, Code 2013, is amended 9 to read as follows: 10 4. “Enrollment served” means the basic enrollment plus the 11 number of nonpublic school pupils served with media services 12 or educational services, as applicable, except that if a 13 nonpublic school pupil or a pupil attending another district 14 under a whole grade sharing agreement or open enrollment 15 receives services through an area other than the area of the 16 pupil’s residence, the pupil shall be deemed to be served by 17 the area of the pupil’s residence, which shall by contractual 18 arrangement reimburse the area through which the pupil actually 19 receives services. Each school district shall include in 20 the enrollment report submitted pursuant to section 257.6, 21 subsection 1 , the number of nonpublic school pupils within each 22 school district for media and educational services served by 23 the area. However, the school district shall not include in 24 the enrollment report nonpublic school pupils receiving classes 25 or services funded entirely by federal grants or allocations. 26 Sec. 8. Section 258.12, Code 2013, is amended to read as 27 follows: 28 258.12 Custodian of funds —— reports. 29 The treasurer of state shall be custodian of the funds 30 paid to the state from the appropriations made under said Act 31 of Congress, and shall disburse the same on vouchers audited 32 as provided by law. The treasurer of state shall report 33 the receipts and disbursements of said funds to the general 34 assembly at each biennial session. 35 -5- HF 454 (3) 85 kh/sc/md 5/ 18
H.F. 454 Sec. 9. Section 259A.1, Code 2013, is amended to read as 1 follows: 2 259A.1 Tests. 3 The department of education shall cause to be made 4 available for qualified individuals a high school equivalency 5 diploma. The diploma shall be issued on the basis of 6 satisfactory competence as shown by tests covering all of the 7 following: reading, arts, language arts, writing literacy , 8 financial literacy, mathematics, science, and social studies. 9 Sec. 10. Section 259A.2, unnumbered paragraph 2, Code 2013, 10 is amended to read as follows: 11 Application shall be made to a testing center approved by the 12 department of education, accompanied by an application fee in 13 an amount prescribed by the department. The test scores shall 14 be forwarded by the testing center scorer of the test to the 15 department. 16 Sec. 11. Section 273.3, subsection 12, Code 2013, is amended 17 to read as follows: 18 12. Prepare an annual budget estimating income and 19 expenditures for programs and services as provided in sections 20 273.1 , 273.2 , this section , sections 273.4 to 273.9 , and 21 chapter 256B within the limits of funds provided under section 22 256B.9 and chapter 257 . The board shall give notice of a 23 public hearing on the proposed budget by publication in an 24 official county newspaper in each county in the territory 25 of the area education agency in which the principal place 26 of business of a school district that is a part of the area 27 education agency is located. The notice shall specify the 28 date, which shall be not later than March 1 of each year, the 29 time, and the location of the public hearing. The proposed 30 budget as approved by the board shall then be submitted to the 31 state board of education, on forms provided by the department, 32 no later than March 15 preceding the next fiscal year for 33 approval. The state board shall review the proposed budget of 34 each area education agency and shall before April May 1, either 35 -6- HF 454 (3) 85 kh/sc/md 6/ 18
H.F. 454 grant approval or return the budget without approval with 1 comments of the state board included. An unapproved budget 2 shall be resubmitted to the state board for final approval not 3 later than April May 15. For the fiscal year beginning July 4 1, 1999, and each succeeding fiscal year, the The state board 5 shall give final approval only to budgets submitted by area 6 education agencies accredited by the state board or that have 7 been given conditional accreditation by the state board. 8 Sec. 12. Section 273.13, Code 2013, is amended to read as 9 follows: 10 273.13 Administrative expenditures. 11 During the budget year beginning July 1, 1989, and the 12 three succeeding budget years, the board of directors of 13 an area education agency in which the The administrative 14 expenditures as a percent of the an area education agency’s 15 operating general fund for a base year shall not exceed five 16 percent shall reduce its administrative expenditures to five 17 percent of the area education agency’s operating fund . During 18 each of the four years, the board of directors shall reduce 19 administrative expenditures by twenty-five percent of the 20 reduction in administrative expenditure required by this 21 section . Thereafter, the administrative expenditures shall 22 not exceed five percent of the operating fund. Annually, the 23 board of directors shall certify to the department of education 24 the amounts of the area education agency’s expenditures and 25 its operating general fund. For the purposes of this section , 26 “base year” and “budget year” mean means the same as defined in 27 section 442.6 , Code 1989, and section 257.2 , and “administrative 28 expenditures” means expenditures for executive administration. 29 Sec. 13. Section 273.23, subsection 5, Code 2013, is amended 30 to read as follows: 31 5. The initial board, or new board if established in time 32 under subsection 3 , of the newly formed agency shall prepare an 33 annual budget estimating income and expenditures for programs 34 and services as provided in sections 273.1 through 273.9 35 -7- HF 454 (3) 85 kh/sc/md 7/ 18
H.F. 454 and chapter 256B within the limits of funds provided under 1 section 256B.9 and chapter 257 . The board shall give notice 2 of a public hearing on the proposed budget by publication in 3 an official county newspaper in each county in the territory 4 of the area education agency in which the principal place 5 of business of a school district that is a part of the area 6 education agency is located. The notice shall specify the 7 date, which shall not be later than March 1, the time, and 8 the location of the public hearing. The proposed budget as 9 approved by the board shall be submitted to the state board, 10 on forms provided by the department, no later than March 15 11 for approval. The state board shall review the proposed 12 budget of the newly formed area education agency and shall, 13 before April May 1, either grant approval or return the budget 14 without approval with comments of the state board included. An 15 unapproved budget shall be resubmitted to the state board for 16 final approval not later than April May 15. The state board 17 shall give final approval only to budgets submitted by area 18 education agencies accredited by the state board or that have 19 been given conditional accreditation by the state board. 20 Sec. 14. Section 275.23A, subsection 2, Code 2013, is 21 amended to read as follows: 22 2. Following each federal decennial census the school 23 board shall determine whether the existing director district 24 boundaries meet the standards in subsection 1 according to 25 the most recent federal decennial census. In addition to the 26 authority granted to voters to change the number of directors 27 or method of election as provided in sections 275.35 , 275.36 , 28 and 278.1 , the board of directors of a school district may, 29 following a federal decennial census, by resolution and in 30 accordance with this section , authorize a change in the method 31 of election as set forth in section 275.12, subsection 2 , or 32 a change to either five or seven directors after the board 33 conducts a hearing on the resolution. If the board proposes to 34 change the number of directors from seven to five directors, 35 -8- HF 454 (3) 85 kh/sc/md 8/ 18
H.F. 454 the resolution shall include a plan for reducing the number 1 of directors. If the board proposes to increase the number 2 of directors to seven directors, two directors shall be 3 added according to the procedure described in section 277.23, 4 subsection 2 . If necessary, the board of directors shall 5 redraw the director district boundaries. The director district 6 boundaries shall be described in the resolution adopted by 7 the school board. The resolution shall be adopted no earlier 8 than November 15 of the second year immediately following the 9 year in which the federal decennial census is taken nor later 10 than May 15 of the second third year immediately following 11 the year in which the federal decennial census is taken. 12 A copy of the plan shall be filed with the area education 13 agency administrator of the area education agency in which the 14 school’s electors reside. If the board does not provide for 15 an election as provided in sections 275.35 , 275.36 , and 278.1 16 and adopts a resolution to change the number of directors or 17 method of election in accordance with this subsection , the 18 district shall change the number of directors or method of 19 election as provided unless, within twenty-eight days following 20 the action of the board, the secretary of the board receives a 21 petition containing the required number of signatures, asking 22 that an election be called to approve or disapprove the action 23 of the board in adopting the resolution. The petition must be 24 signed by eligible electors equal in number to not less than 25 one hundred or thirty percent of the number of voters at the 26 last preceding regular school election, whichever is greater. 27 The board shall either rescind its action or direct the 28 county commissioner of elections to submit the question to the 29 registered voters of the school district at an election held 30 on a date specified in section 39.2, subsection 4 , paragraph 31 “c” . If a majority of those voting on the question at the 32 election favors disapproval of the action of the board, the 33 district shall not change the number of directors or method of 34 election. If a majority of those voting on the question does 35 -9- HF 454 (3) 85 kh/sc/md 9/ 18
H.F. 454 not favor disapproval of the action, the board shall certify 1 the results of the election to the department of management and 2 the district shall change the number of directors or method of 3 election as provided in this subsection . At the expiration of 4 the twenty-eight-day period, if no petition is filed, the board 5 shall certify its action to the department of management and 6 the district shall change the number of directors or method of 7 election as provided in this subsection . 8 Sec. 15. Section 278.1, subsection 1, paragraph e, Code 9 2013, is amended to read as follows: 10 e. Direct the transfer of any surplus in the debt service 11 fund, physical plant and equipment levy fund , or other capital 12 projects project funds, or public education and recreation levy 13 fund to the general fund. 14 Sec. 16. Section 279.30, Code 2013, is amended to read as 15 follows: 16 279.30 Exceptions. 17 Each payment must be made payable to the person entitled to 18 receive the money or deposited directly into an account at a 19 financial institution, as defined in section 527.2, specified 20 by the person entitled to receive the money . The board of 21 directors of a school district or an area education agency may 22 by resolution authorize the secretary, upon approval of the 23 superintendent or designee, or administrator, in the case of 24 an area education agency, to issue payments when the board 25 of directors is not in session in payment of reasonable and 26 necessary expenses, but only upon verified bills filed with the 27 secretary or administrator, and for the payment of salaries 28 pursuant to the terms of a written contract. Each payment 29 must be made payable only to the person performing the service 30 or presenting the verified bill, and must state the purpose 31 for which the payment is issued. All bills and salaries for 32 which payments are issued prior to audit and allowance by the 33 board must be passed upon by the board of directors at the next 34 meeting and be entered in the regular minutes of the secretary. 35 -10- HF 454 (3) 85 kh/sc/md 10/ 18
H.F. 454 Sec. 17. Section 279.42, Code 2013, is amended to read as 1 follows: 2 279.42 Gifts to schools. 3 The board of directors of a school district which that 4 receives funds through gifts, devises, and bequests a gift, 5 devise, or bequest shall deposit these the funds in a trust 6 and fund, permanent fund, or agency fund and shall use them 7 the funds in accordance with the terms of the gift, devise, or 8 bequest. 9 Sec. 18. Section 279.45, Code 2013, is amended to read as 10 follows: 11 279.45 Administrative expenditures. 12 For the budget year beginning July 1, 1989, and each of 13 the following three budget years, the board of directors of a 14 school district in which the The administrative expenditures 15 as a percent of the a school district’s operating general fund 16 for a base year shall not exceed five percent , shall reduce its 17 administrative expenditures so that they are one-half percent 18 less as a percent of the school district’s operating fund than 19 they were for the base year . However, a school district is 20 not required to reduce its administrative expenditures below 21 five percent of its operating fund. Thereafter, a school 22 district shall not increase the percent of its administrative 23 expenditures compared to its operating fund. Annually, 24 the board of directors shall certify to the department of 25 education the amounts of the school district’s administrative 26 expenditures and its operating general fund. For the purposes 27 of this section , “base year” and “budget year” mean means 28 the same as defined in section 442.6 , Code 1989, and section 29 257.2 , and “administrative expenditures” means expenditures for 30 executive administration. 31 Sec. 19. Section 282.10, subsection 4, Code 2013, is amended 32 to read as follows: 33 4. A whole grade sharing agreement shall be signed by the 34 boards of the districts involved in the agreement not later 35 -11- HF 454 (3) 85 kh/sc/md 11/ 18
H.F. 454 than February 1 of the school year preceding the school year 1 for which the agreement is to take effect. The boards of 2 the districts shall negotiate as part of the new or existing 3 agreement the disposition of teacher quality funding provided 4 under chapter 284 . 5 Sec. 20. Section 282.20, unnumbered paragraph 3, Code 2013, 6 is amended to read as follows: 7 On or before February 15 and June July 15 of each year 8 the secretary of the creditor district shall deliver to the 9 secretary of the debtor district an itemized statement of such 10 tuition fees. 11 Sec. 21. Section 291.1, Code 2013, is amended to read as 12 follows: 13 291.1 President —— duties. 14 The president of the board of directors shall preside at 15 all of its meetings, sign all contracts made by the board, and 16 appear in on behalf of the corporation in all actions brought 17 by or against it, unless individually a party, in which case 18 this duty shall be performed by the secretary. The president 19 or the president’s designee shall sign, using an original or 20 facsimile signature, all school district warrants payments 21 drawn and authorize electronic funds transfers as provided by 22 law. The board of directors, by resolution, may designate an 23 individual, who shall not be the secretary, to sign warrants 24 payments or authorize electronic funds transfers on behalf of 25 the president. 26 Sec. 22. Section 291.6, subsection 3, Code 2013, is amended 27 by striking the subsection and inserting in lieu thereof the 28 following: 29 3. Accounting records. Keep an accurate accounting record 30 of each payment or electronic funds transfer from each fund 31 which shall be provided monthly to the board of directors. The 32 secretary of the creditor district shall prepare and deliver to 33 debtor districts an itemized statement of tuition fees charged 34 in accordance with sections 275.55A and 282.11 , and section 35 -12- HF 454 (3) 85 kh/sc/md 12/ 18
H.F. 454 282.24, subsection 1 . 1 Sec. 23. Section 291.6, subsection 4, Code 2013, is amended 2 to read as follows: 3 4. Claims. Keep an accurate account accounting of all 4 expenses incurred by the corporation, and present the same to 5 the board for audit and payment. 6 Sec. 24. Section 291.7, Code 2013, is amended to read as 7 follows: 8 291.7 Monthly receipts, disbursements, and balances. 9 The secretary of each district shall file monthly with the 10 board of directors a complete statement of all receipts and 11 disbursements from the various funds each individual fund 12 during the preceding month, and also the balance remaining on 13 hand in the various funds each individual fund at the close of 14 the period covered by the statement, which monthly statements 15 shall be open to public inspection. 16 Sec. 25. Section 291.8, Code 2013, is amended by striking 17 the section and inserting in lieu thereof the following: 18 291.8 Payments and electronic funds transfers. 19 The secretary shall make each authorized payment, 20 countersign using an original or facsimile signature, and 21 maintain accounting records of the payments or electronic funds 22 transfers, showing the number, date, payee, originating fund, 23 the purpose, and the amount, and shall provide to the board at 24 each regular annual meeting a copy of the accounting records 25 maintained by the secretary. 26 Sec. 26. Section 291.12, Code 2013, is amended to read as 27 follows: 28 291.12 Duties of treasurer —— payment of warrants receipts 29 and expenditures . 30 The treasurer shall receive all moneys belonging to the 31 corporation, pay the same out only upon the order of the 32 president countersigned by the secretary, keeping and shall 33 keep an accurate account accounting record of all receipts 34 and expenditures in a book provided for that purpose . The 35 -13- HF 454 (3) 85 kh/sc/md 13/ 18
H.F. 454 treasurer shall register all orders drawn payments and 1 electronic funds transfers made and reported to the treasurer 2 by the secretary, showing the number, date, to whom drawn, the 3 fund upon from which drawn each payment and transfer was made , 4 the purpose and amount. 5 Sec. 27. Section 291.14, Code 2013, is amended to read as 6 follows: 7 291.14 Financial statement. 8 The treasurer shall render a statement of the finances of the 9 corporation whenever required by the board, and the treasurer’s 10 books accounting records shall always be open for inspection. 11 Sec. 28. Section 298.2, subsections 1 and 5, Code 2013, are 12 amended to read as follows: 13 1. A physical plant and equipment levy of not exceeding 14 one dollar and sixty-seven cents per thousand dollars of 15 assessed valuation in the district is established except as 16 otherwise provided in this subsection . The physical plant 17 and equipment levy consists of the regular physical plant 18 and equipment levy of not exceeding thirty-three cents per 19 thousand dollars of assessed valuation in the district and 20 a voter-approved physical plant and equipment levy of not 21 exceeding one dollar and thirty-four cents per thousand 22 dollars of assessed valuation in the district. However, the 23 voter-approved physical plant and equipment levy may consist 24 of a combination of a physical plant and equipment property 25 tax levy and a physical plant and equipment income surtax 26 as provided in subsection 4 with the maximum amount levied 27 and imposed limited to an amount that could be raised by a 28 one dollar and thirty-four cent property tax levy. The levy 29 limitations of this subsection are subject to subsection 6 . 30 5. a. The proposition to levy the voter-approved physical 31 plant and equipment levy is not affected by a change in 32 the boundaries of the school district, except as otherwise 33 provided in this section . If each school district involved 34 in a school reorganization under chapter 275 has adopted 35 -14- HF 454 (3) 85 kh/sc/md 14/ 18
H.F. 454 the voter-approved physical plant and equipment levy or the 1 sixty-seven and one-half cents per thousand dollars of assessed 2 value schoolhouse levy under section 278.1, subsection 7, 3 Code 1989 , prior to July 1, 1991 , and if the voters have not 4 voted upon the proposition to levy the voter-approved physical 5 plant and equipment levy in the reorganized district, the 6 existing voter-approved physical plant and equipment levy or 7 the existing schoolhouse levy, as applicable, is in effect for 8 the reorganized district for the least amount and the shortest 9 time for which it is in effect in any of the districts. 10 b. Authorized levies An authorized levy for the period of 11 time approved are is not affected as a result of a failure of a 12 proposition proposed to expand the purposes for which the funds 13 may be expended. 14 Sec. 29. Section 298.2, subsection 6, Code 2013, is amended 15 by striking the subsection. 16 Sec. 30. Section 298A.4, Code 2013, is amended to read as 17 follows: 18 298A.4 Physical plant and equipment levy fund. 19 The physical plant and equipment levy fund is a special 20 revenue capital project fund. A physical plant and equipment 21 levy fund must be established in any school corporation which 22 levies the tax authorized, whether regular or voter-approved, 23 under section 298.2 . 24 Sec. 31. Section 298A.9, Code 2013, is amended to read as 25 follows: 26 298A.9 Capital project funds. 27 A capital project fund must be established in any school 28 corporation which issues bonds or other authorized indebtedness 29 for capital projects or which initiates a capital project, or 30 which receives grants or other funds for capital projects. 31 Boards are authorized to establish more than one capital 32 project fund as necessary. Any balance remaining in a capital 33 project fund after the capital project is completed may be 34 retained for future capital projects in accordance with the 35 -15- HF 454 (3) 85 kh/sc/md 15/ 18
H.F. 454 original purpose of the bond issue or voter-approved levy; or 1 may be transferred, by board resolution, to the debt service 2 fund, to the physical plant and equipment levy fund or another 3 capital project fund , or other to the fund from which the 4 surplus originated; or transferred to the general fund in 5 accordance with section 278.1, subsection 1 , paragraph “e” . 6 Sec. 32. Section 298A.13, Code 2013, is amended to read as 7 follows: 8 298A.13 Trust , permanent, or agency funds. 9 Trust , permanent, or agency funds shall be established by 10 any school corporation to account for gifts it receives to 11 be used for a particular purpose or to account for money and 12 property received and administered by the district as trustee 13 or custodian or in the capacity of an agent. Boards may 14 establish trust and , permanent, or agency funds as necessary. 15 Sec. 33. Section 299A.4, subsection 6, Code 2013, is amended 16 to read as follows: 17 6. Except when a child has been enrolled in a public 18 A school district under section 299A.8, or area education 19 agency shall, if requested, administer the annual achievement 20 evaluation at no cost to the parent, guardian, or legal 21 custodian of the child being evaluated shall reimburse the 22 entity conducting the evaluation for no more than the actual 23 cost of evaluation required by this chapter . However , and, 24 in addition, the parent, guardian, or legal custodian is 25 not required to reimburse the evaluating entity for costs 26 incurred as a result of evaluation under section 299A.9 . The 27 administration of the annual achievement evaluation shall not 28 constitute a dual enrollment purpose under section 299A.8. 29 Sec. 34. Section 299A.8, Code 2013, is amended to read as 30 follows: 31 299A.8 Dual enrollment. 32 1. If a parent, guardian, or legal custodian of a school-age 33 child who is receiving competent private instruction under this 34 chapter submits a request, the child shall also be registered 35 -16- HF 454 (3) 85 kh/sc/md 16/ 18
H.F. 454 in a public school for dual enrollment purposes. If the child 1 is enrolled in a public school district for dual enrollment 2 purposes, the child shall be permitted to participate in any 3 academic activities in the district and shall also be permitted 4 to participate on the same basis as public school children 5 in any extracurricular activities available to children in 6 the child’s grade or group , and the parent, guardian, or 7 legal custodian shall not be required to pay the costs of any 8 annual evaluation under this chapter . Dual enrollment of a 9 child solely for purposes of accessing the annual achievement 10 evaluation shall not constitute a dual enrollment purpose. 11 2. If the child is enrolled for dual enrollment purposes, 12 the child shall be included in the public school’s basic 13 enrollment under section 257.6 . A pupil who is participating 14 only in extracurricular activities shall be counted under 15 section 257.6, subsection 1 , paragraph “a” , subparagraph (6). A 16 pupil enrolled in grades nine through twelve under this section 17 shall be counted in the same manner as a shared-time pupil 18 under section 257.6, subsection 1 , paragraph “a” , subparagraph 19 (3). 20 Sec. 35. Section 321.375, subsection 2, Code 2013, is 21 amended to read as follows: 22 2. Prior to hiring an applicant for a school bus driver 23 position, including a contract position, an employer shall have 24 access to and shall review the information in the Iowa court 25 information system available to the general public, the sex 26 offender registry information under section 692A.121 available 27 to the general public, the central registry for child abuse 28 information established under section 235A.14 , and the central 29 registry for dependent adult abuse information established 30 under section 235B.5 for information regarding the applicant. 31 An employer shall follow the same procedure every five years 32 upon the renewal of an employee’s or contract employee’s school 33 bus driver’s license issued by the department of transportation 34 valid for the operation of a school bus. An employer shall 35 -17- HF 454 (3) 85 kh/sc/md 17/ 18
H.F. 454 pay for the cost of the registry checks conducted pursuant to 1 this subsection . An employer shall maintain documentation 2 demonstrating compliance with this subsection . 3 Sec. 36. Section 423F.3, subsection 1, paragraph d, Code 4 2013, is amended by striking the paragraph. 5 Sec. 37. REPEAL. Sections 256.20, 256.21, 256.22, 256.23, 6 256.38, 297.35, and 298A.5, Code 2013, are repealed. 7 -18- HF 454 (3) 85 kh/sc/md 18/ 18