House File 609 - IntroducedA Bill ForAn Act 1to legalize the participation in the instructional
2support program by the Bennett community school district,
3and providing an effective date.
4WHEREAS, section 257.18 authorizes a school district to
5participate in the instructional support program, if the board
6of directors of the school district takes action by adopting a
7resolution to participate in the program and after twenty-eight
8days following the board’s action, the secretary of the board
9does not receive a petition asking that the question to approve
10or disapprove the board’s action be submitted to the voters of
11the school district; and
12WHEREAS, on April 9, 2018, the board of directors of the
13Bennett community school district duly adopted a resolution to
14participate in the instructional support program in compliance
15with section 257.18; and
16WHEREAS, on April 12, 2018, the action of the board of
17directors of the Bennett community school district was
18certified to the department of management; and
19WHEREAS, the certification of the board’s action was
20in error since it did not comply with the twenty-eight-day
21requirement; and
22WHEREAS, the secretary of the board has not received a
23petition asking that the question to approve or disapprove
24the board’s action be submitted to the voters of the school
25district; NOW THEREFORE,
26BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.   The Bennett community school district’s actions
2to participate in the instructional support program as
3described in this Act, and as authorized pursuant to chapter
4257, including but not limited to section 257.18, is valid
5and legal, in the same manner as if that school district
6had complied with the twenty-eight-day requirement, and the
7certification of the board’s action had not been in error,
8nothwithstanding any provision in that chapter to the contrary.
9   Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate
10importance, takes effect upon enactment.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
   14BILL’S PROVISIONS. This bill legalizes the action of
15the Bennett community school district to participate in an
16instructional support program, notwithstanding that the school
17district did not wait the required 28 days before certifying
18its board’s action to the department of management.
   19BACKGROUND. The instructional support program allows a
20school district to increase its general fund budget, if the
21question to participate in the program is approved in one of
22two ways: (1) by the voters at an election or (2) by resolution
23adopted by the district’s board of directors. However, in
24the case of board approval, a petition may be filed with the
25district asking that the question be presented to the voters
26at an election. The petition must be received by the district
27not later than 28 days following adoption of the board’s
28resolution. If no petition is timely filed, the district may
29certify the board’s action to the department of management.
   30EFFECTIVE DATE. The bill takes effect upon enactment.
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