House
File
564
-
Reprinted
HOUSE
FILE
564
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HSB
178)
(As
Amended
and
Passed
by
the
House
March
15,
2017
)
A
BILL
FOR
An
Act
relating
to
school
district
funding
and
authorized
1
expenditures
and
transfers
and
including
effective
date,
2
applicability,
and
retroactive
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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564
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DIVISION
I
1
PROFESSIONAL
DEVELOPMENT
2
Section
1.
Section
284.6,
subsections
8
and
9,
Code
2017,
3
are
amended
to
read
as
follows:
4
8.
For
each
year
in
which
a
school
district
receives
funds
5
calculated
and
paid
to
school
districts
for
professional
6
development
pursuant
to
section
257.10,
subsection
10
,
or
7
section
257.37A,
subsection
2
,
the
school
district
shall
8
create
quality
professional
development
opportunities.
Not
9
less
than
thirty-six
hours
in
the
school
calendar,
held
10
outside
of
the
minimum
school
day,
shall
be
set
aside
during
11
nonpreparation
time
or
designated
professional
development
12
time
to
allow
practitioners
to
collaborate
with
each
other
to
13
deliver
educational
programs
and
assess
student
learning,
or
14
to
engage
in
peer
review
pursuant
to
section
284.8,
subsection
15
1
.
The
funds
may
be
used
to
implement
the
professional
16
development
provisions
of
the
teacher
career
paths
and
17
leadership
roles
specified
in
section
284.15
,
including
but
18
not
limited
to
providing
professional
development
to
teachers,
19
including
additional
salaries
for
time
beyond
the
normal
20
negotiated
agreement;
pay
for
substitute
teachers,
professional
21
development
materials,
speakers,
and
professional
development
22
content;
textbooks
and
curriculum
materials
used
for
classroom
23
purposes
if
such
textbooks
and
curriculum
materials
include
24
professional
development;
administering
assessments
pursuant
to
25
section
256.7,
subsection
21,
paragraph
“b”
,
subparagraphs
(1)
26
and
(2),
if
such
assessments
include
professional
development;
27
and
costs
associated
with
implementing
the
individual
28
professional
development
plans.
The
use
of
the
funds
shall
29
be
balanced
between
school
district,
attendance
center,
30
and
individual
professional
development
plans,
making
every
31
reasonable
effort
to
provide
equal
access
to
all
teachers.
32
9.
Moneys
received
pursuant
to
section
257.10,
subsection
33
10
,
or
section
257.37A,
subsection
2
,
shall
be
maintained
34
as
a
separate
listing
within
a
school
district’s
or
area
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education
agency’s
budget
for
funds
received
and
expenditures
1
made
pursuant
to
this
subsection
.
The
department
shall
not
2
require
a
school
district
or
area
education
agency
to
allocate
3
a
specific
amount
or
percentage
of
moneys
received
pursuant
to
4
section
257.10,
subsection
10,
or
section
257.37A,
subsection
5
2,
for
professional
development
related
to
implementation
of
6
the
core
curriculum
under
section
256.7,
subsection
26.
A
7
school
district
shall
certify
to
the
department
of
education
8
how
the
school
district
allocated
the
funds
and
that
moneys
9
received
under
this
subsection
were
used
to
supplement,
not
10
supplant,
the
professional
development
opportunities
the
school
11
district
would
otherwise
make
available.
12
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
13
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
14
enactment.
15
Sec.
3.
APPLICABILITY.
This
division
of
this
Act
applies
to
16
school
budget
years
beginning
on
or
after
July
1,
2017.
17
DIVISION
II
18
AT-RISK
AND
DROPOUT
PREVENTION
19
Sec.
4.
Section
257.11,
subsection
4,
paragraph
d,
Code
20
2017,
is
amended
to
read
as
follows:
21
d.
Up
to
five
percent
of
the
total
amount
Amounts
that
a
22
school
district
receives
as
supplementary
weighting
pursuant
23
to
this
subsection
or
as
a
modified
supplemental
amount
24
received
under
section
257.41
may
be
used
in
the
budget
year
25
for
purposes
of
providing
district-wide
,
or
building-wide
,
26
or
grade-specific
at-risk
and
dropout
prevention
programming
27
targeted
to
pupils
who
are
not
deemed
at
risk.
28
Sec.
5.
Section
257.41,
subsection
2,
paragraphs
a
and
b,
29
Code
2017,
are
amended
to
read
as
follows:
30
a.
Salary
and
benefits
for
instructional
staff,
31
instructional
support
staff,
guidance
counselors,
and
32
school-based
youth
services
staff
who
are
working
with
33
students
who
are
participating
in
at-risk
or
dropout
prevention
34
programs,
alternative
programs,
and
alternative
schools,
in
a
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traditional
or
alternative
setting,
if
the
staff
person’s
or
1
counselor’s
time
is
dedicated
to
working
with
such
students
in
2
order
to
provide
services
beyond
those
which
are
provided
by
3
the
school
district
to
students
who
are
not
participating
in
4
such
programs
or
alternative
schools.
However,
if
the
staff
5
person
or
counselor
works
part-time
with
students
who
are
6
participating
in
a
program
or
alternative
school
and
the
staff
7
person
or
counselor
has
another
unrelated
staff
assignment,
8
only
the
portion
of
the
staff
person’s
or
counselor’s
time
9
that
is
related
to
the
program
or
alternative
school
may
10
be
charged
to
the
program
or
school.
For
each
such
staff
11
person
or
counselor
who
works
part
time
with
students
who
12
are
participating
in
a
program
or
alternative
school,
the
13
school
district
shall
have
the
authority
to
designate
the
14
portion
of
the
staff
person’s
or
counselor’s
time
and
the
15
corresponding
amount
of
salary
and
benefits
that
is
related
16
to
the
program
or
alternative
school
and
shall
include
17
such
designation
as
part
of
the
program
plan
under
section
18
257.38,
if
applicable.
For
purposes
of
this
paragraph,
if
19
an
alternative
setting
is
necessary
to
provide
for
a
program
20
which
is
offered
at
a
location
off
school
grounds
and
which
21
is
intended
to
serve
student
needs
by
improving
relationships
22
and
connections
to
school,
decreasing
truancy
and
tardiness,
23
providing
opportunities
for
course
credit
recovery,
or
helping
24
students
identified
as
at
risk
to
accelerate
through
multiple
25
grade
levels
of
achievement
within
a
shortened
time
frame,
the
26
tuition
costs
for
a
student
identified
as
at
risk
shall
be
27
considered
an
appropriate
use
of
the
program
funding
under
this
28
section
.
29
b.
Professional
development
for
all
teachers
,
counselors,
30
and
staff
working
with
at-risk
students
under
a
program
or
an
31
alternative
school
setting.
32
Sec.
6.
Section
257.41,
subsection
2,
Code
2017,
is
amended
33
by
adding
the
following
new
paragraphs:
34
NEW
PARAGRAPH
.
d.
Costs
incurred
for
a
program
intended
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to
address
high
rates
of
absenteeism,
truancy,
or
frequent
1
tardiness.
2
NEW
PARAGRAPH
.
e.
Costs
incurred
for
programs
authorized
3
under
section
257.11,
subsection
4,
paragraph
“d”
.
4
Sec.
7.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
5
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
6
enactment.
7
Sec.
8.
APPLICABILITY.
This
division
of
this
Act
applies
to
8
school
budget
years
beginning
on
or
after
July
1,
2017.
9
DIVISION
III
10
SCHOOL
DISTRICT
FLEXIBILITY
11
Sec.
9.
Section
257.10,
Code
2017,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
13.
Deference
to
school
districts.
14
a.
When
exercising
authority
to
carry
out
an
agency
15
action,
as
defined
in
section
17A.2,
or
to
perform
an
activity
16
or
make
a
decision
specified
in
section
17A.2,
subsection
17
11,
paragraphs
“a”
through
“l”
,
if
applicable,
related
to
18
the
provisions
of
subsections
9,
10,
and
11,
including
the
19
expenditure
of
funds
received
by
school
districts
under
20
subsections
9,
10,
and
11,
the
department
of
education,
the
21
director
of
the
department
of
education,
and
the
state
board
22
of
education
shall
carry
out,
perform,
or
make
such
agency
23
action,
activity,
or
decision
in
a
manner
that
gives
deference
24
to
decisions
of
school
districts’
boards
of
directors,
promotes
25
flexibility
for
school
districts,
and
minimizes
intrusions
into
26
school
district
operations
and
decision
making
by
boards
of
27
directors.
28
b.
(1)
In
addition
to
paragraph
“a”
,
the
department
of
29
education,
the
director
of
the
department
of
education,
and
30
the
state
board
of
education
shall
not
issue
guidance
related
31
to
the
provisions
of
subsections
9,
10,
and
11,
including
32
the
expenditure
of
funds
received
by
a
school
district
under
33
subsections
9,
10,
and
11,
that
is
inconsistent
with
any
34
statute,
rule,
or
other
legal
authority
or
that
imposes
any
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legally
binding
obligations
or
duties
upon
any
person
unless
1
such
legally
binding
obligations
or
duties
are
required
2
or
reasonably
implied
by
any
statute,
rule,
or
other
legal
3
authority.
Guidance
issued
in
violation
of
this
paragraph
“b”
4
shall
not
be
deemed
to
be
legally
binding.
5
(2)
For
the
purposes
of
this
paragraph
“b”
,
“guidance”
means
6
a
document
or
statement
issued
by
the
department
of
education,
7
the
director
of
the
department
of
education,
or
the
state
8
board
of
education
that
purports
to
interpret
a
law,
a
rule,
9
or
other
legal
authority
and
is
designed
to
provide
advice
10
or
direction
to
a
person
regarding
the
implementation
of
or
11
compliance
with
the
law,
the
rule,
or
the
other
legal
authority
12
being
interpreted.
“Guidance”
does
not
include
any
action,
13
activity,
or
decision
governed
by
paragraph
“a”
,
a
document
or
14
statement
required
by
federal
law
or
a
court,
or
a
document
or
15
statement
issued
in
the
course
of
a
contested
case
proceeding,
16
an
administrative
proceeding,
or
a
judicial
proceeding
to
which
17
the
department,
the
state
board,
or
the
director
is
a
party.
18
Sec.
10.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
19
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
20
enactment.
21
Sec.
11.
APPLICABILITY.
This
division
of
this
Act
applies
22
to
school
budget
years
beginning
on
or
after
July
1,
2017.
23
DIVISION
IV
24
PRESCHOOL
PROGRAM
25
Sec.
12.
Section
256C.4,
subsection
1,
paragraph
e,
Code
26
2017,
is
amended
to
read
as
follows:
27
e.
Preschool
foundation
aid
funding
shall
not
be
used
for
28
the
costs
of
constructing
a
facility
in
connection
with
an
29
approved
local
program.
Preschool
foundation
aid
funding
may
30
be
used
by
approved
local
programs
and
community
providers
31
for
any
purpose
determined
by
the
board
of
directors
of
the
32
school
district
to
meet
standards
for
high-quality
preschool
33
instruction
and
for
purposes
that
directly
or
indirectly
34
benefit
students
enrolled
in
the
approved
local
program,
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including
but
not
limited
to
professional
development
for
1
preschool
teachers,
for
instructional
equipment
and
supplies
,
2
for
material
and
equipment
designed
to
develop
pupils’
large
3
and
small
motor
skills,
translation
services,
playground
4
equipment
and
repair
costs,
food
and
beverages
used
by
children
5
in
the
approved
local
program,
facility
rental
fees,
and
for
6
other
direct
costs
that
enhance
the
approved
local
program,
7
including
by
contracting
with
community
partners
for
any
8
such
services
.
Preschool
foundation
aid
funding
may
be
used
9
by
approved
local
programs
for
the
costs
of
transportation
10
involving
children
participating
in
the
preschool
program.
11
The
costs
of
transporting
other
children
associated
with
the
12
preschool
program
or
transported
as
provided
in
section
256C.3,
13
subsection
3
,
paragraph
“h”
,
may
be
prorated
by
the
school
14
district.
Preschool
foundation
aid
funding
received
by
an
15
approved
local
program
that
remain
unexpended
or
unobligated
16
at
the
end
of
a
fiscal
year
shall
be
used
to
build
the
approved
17
local
program’s
preschool
program
capacity
in
the
next
18
succeeding
fiscal
year.
19
Sec.
13.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
20
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
21
enactment.
22
Sec.
14.
APPLICABILITY.
This
division
of
this
Act
applies
23
to
school
budget
years
beginning
on
or
after
July
1,
2017.
24
DIVISION
V
25
PHYSICAL
PLANT
AND
EQUIPMENT
LEVY
26
Sec.
15.
Section
298.3,
subsection
1,
paragraph
i,
Code
27
2017,
is
amended
to
read
as
follows:
28
i.
The
purchase
of
transportation
equipment
for
29
transporting
students
and
the
repair
of
such
transportation
30
equipment
if
the
cost
of
the
repair
exceeds
two
thousand
five
31
hundred
dollars
.
For
the
purposes
of
this
paragraph,
“repair”
32
means
restoring
an
existing
item
of
equipment
to
its
original
33
condition,
as
near
as
may
be,
after
gradual
obsolescence
or
34
physical
and
functional
depreciation
due
to
wear
and
tear,
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corrosion
and
decay,
or
partial
destruction,
and
includes
1
maintenance
of
an
item
of
equipment.
2
Sec.
16.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
3
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
4
enactment.
5
Sec.
17.
APPLICABILITY.
This
division
of
this
Act
applies
6
to
school
budget
years
beginning
on
or
after
July
1,
2017.
7
DIVISION
VI
8
STUDENT
ACTIVITY
FUND
9
Sec.
18.
Section
298A.8,
Code
2017,
is
amended
to
read
as
10
follows:
11
298A.8
Student
activity
fund.
12
1.
The
student
activity
fund
is
a
special
revenue
fund.
13
A
student
activity
fund
must
be
established
in
any
school
14
corporation
receiving
money
from
student-related
activities
15
such
as
admissions,
activity
fees,
student
dues,
student
16
fund-raising
events,
or
other
student-related
cocurricular
or
17
extracurricular
activities.
Moneys
in
this
fund
shall
be
used
18
to
support
only
the
cocurricular
program
defined
in
department
19
of
education
administrative
rules.
20
2.
For
school
budget
years
beginning
on
or
after
July
1,
21
2016,
the
board
of
directors
of
a
school
corporation
may,
22
by
board
resolution,
transfer
from
the
school
corporation’s
23
general
fund
to
the
student
activity
fund
an
amount
necessary
24
to
purchase
protective
and
safety
equipment
required
for
any
25
extracurricular
interscholastic
athletic
contest
or
competition
26
that
is
sponsored
or
administered
by
an
organization
as
defined
27
in
section
280.13.
28
Sec.
19.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
29
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
30
enactment.
31
Sec.
20.
RETROACTIVE
APPLICABILITY.
This
division
of
this
32
Act
applies
retroactively
to
July
1,
2016,
for
school
budget
33
years
beginning
on
or
after
that
date.
34
-7-
HF
564
(3)
87
md/jh/sc/md
7/
7