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House Study Bill 641 - IntroducedA Bill ForAn Act 1relating to matters involving the state board of
2education and the department of education to reflect current
3practices, technology, and titles, to delete redundancies,
4and to resolve inconsistencies.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.56, Code 2020, is amended to read as
2follows:
3256.56 Electronic access to documents.
4The state library shall work to develop a system of
5electronic access to documents maintained by the state
6library with a goal of providing electronic access to all such
7documents. The access shall be provided initially through
8the use of compact disc using a current, widely accepted and
9utilized technology. This section shall not prohibit the state
10librarian from considering other forms of electronic access if
11the use of such other access is shown to exceed the benefits
12of, and is more cost-effective than, the use of compact disc
13 currently used technology.
14 Sec. 2. Section 256A.2, subsection 1, paragraphs a and f,
15Code 2020, are amended to read as follows:
16a. The administrator of the division of child adult,
17children and family services of the department of human
18services or the administrator’s designee.
19f. The dean of the college of family and consumer human
20 sciences at Iowa state university of science and technology or
21the dean’s designee.
22 Sec. 3. Section 256A.3, subsections 4 and 7, Code 2020, are
23amended by striking the subsections.
24 Sec. 4. Section 257.6, subsection 1, paragraph a,
25subparagraph (3), Code 2020, is amended to read as follows:
26(3) Shared-time and part-time pupils of school age enrolled
27in public schools within the district, irrespective of the
28districts in which the pupils reside, in the proportion that
29the time for which they are enrolled or receive instruction for
30the school year is to the time that full-time pupils carrying
31a normal course schedule, at the same grade level, in the
32same school district, for the same school year, are enrolled
33and receive instruction. Tuition charges to the parent or
34guardian of a shared-time or part-time nonresident pupil shall
35be reduced by the amount of any increased state aid received by
-1-1the district by the counting of the pupil. This subparagraph
2applies to pupils enrolled in grades nine through twelve under
3section 299A.8 and to pupils from accredited nonpublic schools
4accessing classes or services on the accredited nonpublic
5school premises under section 256.12 or on the school district
6site, but excludes accredited nonpublic school pupils receiving
7classes or services funded entirely by federal grants or
8allocations.
9 Sec. 5. Section 279.42, Code 2020, is amended to read as
10follows:
11279.42 Gifts to schools.
12The board of directors of a school district that receives
13funds through a gift, devise, or bequest shall deposit the
14funds in a trust fund, permanent fund, or agency custodial
15 fund and shall use the funds in accordance with the terms of
16the gift, devise, or bequest.
17 Sec. 6. Section 282.18, subsection 8, Code 2020, is amended
18to read as follows:
198. a. If a request filed under this section is for a child
20requiring special education under chapter 256B, the request to
21transfer to the other district shall only be granted if the
22following conditions are met:
23(1) Thereceiving district maintains a special education
24instructional program which is appropriate to meet the child’s
25educational needs and the enrollment of the child in the
26receiving district’s program would not cause the size of the
27class or caseload in that special education instructional
28program in the receiving district to exceed the maximum class
29size in or caseload established pursuant to rules adopted by
30the state board of education for that program.
31(2) If the child would be assigned to a general education
32class, there is sufficient classroom space for the general
33education class to which the child would be assigned.
34b. For children requiring special education, the board
35of directors of the district of residence shall pay to the
-2-1receiving district the actual costs incurred in providing the
2appropriate special education.
3 Sec. 7. Section 298A.13, Code 2020, is amended to read as
4follows:
5298A.13 Trust, permanent, or agency custodial funds.
6Trust, permanent, or agency custodial funds shall be
7established by any school corporation to account for gifts it
8receives to be used for a particular purpose or to account for
9money and property received and administered by the district
10as trustee or custodian or in the capacity of an agent. Boards
11may establish trust, permanent, or agency custodial funds as
12necessary.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill updates the titles of certain entities represented
17by members of the child development coordinating council and
18eliminates certain duties required of the council, updates
19language relating to school district agency funds, revises
20provisions relating to children requiring special education
21under the open enrollment law, adds a reference to a provision
22relating to the actual enrollment of shared-time and part-time
23pupils, and modifies language relating to technology used by
24the state librarian.
25STATE LIBRARY — TECHNOLOGY. Language requiring the
26state library to develop a system of electronic access to
27documents the state library maintains is updated to replace a
28reference to outdated technology with language that requires
29the state library to use current, widely accepted and utilized
30technology, though the state librarian is authorized to
31consider other forms of electronic access that are more
32cost-effective.
33CHILD DEVELOPMENT COORDINATING COUNCIL. The titles
34of certain entities represented by members of the child
35development coordinating council are updated to the division
-3-1of adult, children and family services under the department of
2human services and the college of human sciences at Iowa state
3university to reflect prior name changes of those entities.
4The bill eliminates provisions requiring the council to make
5recommendations to the department of education and the general
6assembly regarding curricula, staff qualifications, training,
7and the development of an at-risk children definition; and
8requiring the council to encourage the establishment of
9regional councils.
10SHARED-TIME AND PART-TIME PUPILS ENROLLMENT. Under the Code
11provision used to determine the certified enrollments of school
12districts, the provision relating to shared-time and part-time
13pupils from accredited nonpublic schools who are enrolled in
14public schools to access classes or services on the accredited
15nonpublic school premises is amended to add a reference to Code
16section 256.12, which describes the manner in which school
17districts may provide classes and services to private school
18students and receive funding for providing such instruction and
19services.
20SCHOOL DISTRICT AGENCY FUNDS. The term “agency fund”,
21describing a fund maintained by a school district, is replaced
22with the term “custodial fund”.
23OPEN ENROLLMENT REQUESTS FOR CHILDREN REQUIRING SPECIAL
24EDUCATION. Currently, a receiving school district need only
25grant the open enrollment request of a child requiring special
26education if the district maintains a special education
27instructional program appropriate to meet the child’s
28educational needs and such enrollment would not cause the
29appropriate class to exceed the maximum class size under rules
30adopted by the state board of education. In addition to not
31causing the class to exceed the maximum class size, the bill
32provides that the enrollment of the child must not cause
33the caseload to exceed the maximum caseload in that special
34education instructional program under rules adopted by the
35state board and there must be sufficient classroom space for
-4-1the general education classes to which the child would be
2assigned.
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2education and the department of education to reflect current
3practices, technology, and titles, to delete redundancies,
4and to resolve inconsistencies.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.56, Code 2020, is amended to read as
2follows:
3256.56 Electronic access to documents.
4The state library shall work to develop a system of
5electronic access to documents maintained by the state
6library with a goal of providing electronic access to all such
7documents. The access shall be provided initially through
8the use of compact disc using a current, widely accepted and
9utilized technology. This section shall not prohibit the state
10librarian from considering other forms of electronic access if
11the use of such other access is shown to exceed the benefits
12of, and is more cost-effective than, the use of compact disc
13 currently used technology.
14 Sec. 2. Section 256A.2, subsection 1, paragraphs a and f,
15Code 2020, are amended to read as follows:
16a. The administrator of the division of child adult,
17children and family services of the department of human
18services or the administrator’s designee.
19f. The dean of the college of family and consumer human
20 sciences at Iowa state university of science and technology or
21the dean’s designee.
22 Sec. 3. Section 256A.3, subsections 4 and 7, Code 2020, are
23amended by striking the subsections.
24 Sec. 4. Section 257.6, subsection 1, paragraph a,
25subparagraph (3), Code 2020, is amended to read as follows:
26(3) Shared-time and part-time pupils of school age enrolled
27in public schools within the district, irrespective of the
28districts in which the pupils reside, in the proportion that
29the time for which they are enrolled or receive instruction for
30the school year is to the time that full-time pupils carrying
31a normal course schedule, at the same grade level, in the
32same school district, for the same school year, are enrolled
33and receive instruction. Tuition charges to the parent or
34guardian of a shared-time or part-time nonresident pupil shall
35be reduced by the amount of any increased state aid received by
-1-1the district by the counting of the pupil. This subparagraph
2applies to pupils enrolled in grades nine through twelve under
3section 299A.8 and to pupils from accredited nonpublic schools
4accessing classes or services on the accredited nonpublic
5school premises under section 256.12 or on the school district
6site, but excludes accredited nonpublic school pupils receiving
7classes or services funded entirely by federal grants or
8allocations.
9 Sec. 5. Section 279.42, Code 2020, is amended to read as
10follows:
11279.42 Gifts to schools.
12The board of directors of a school district that receives
13funds through a gift, devise, or bequest shall deposit the
14funds in a trust fund, permanent fund, or agency custodial
15 fund and shall use the funds in accordance with the terms of
16the gift, devise, or bequest.
17 Sec. 6. Section 282.18, subsection 8, Code 2020, is amended
18to read as follows:
198. a. If a request filed under this section is for a child
20requiring special education under chapter 256B, the request to
21transfer to the other district shall only be granted if the
22following conditions are met:
23(1) Thereceiving district maintains a special education
24instructional program which is appropriate to meet the child’s
25educational needs and the enrollment of the child in the
26receiving district’s program would not cause the size of the
27class or caseload in that special education instructional
28program in the receiving district to exceed the maximum class
29size in or caseload established pursuant to rules adopted by
30the state board of education for that program.
31(2) If the child would be assigned to a general education
32class, there is sufficient classroom space for the general
33education class to which the child would be assigned.
34b. For children requiring special education, the board
35of directors of the district of residence shall pay to the
-2-1receiving district the actual costs incurred in providing the
2appropriate special education.
3 Sec. 7. Section 298A.13, Code 2020, is amended to read as
4follows:
5298A.13 Trust, permanent, or agency custodial funds.
6Trust, permanent, or agency custodial funds shall be
7established by any school corporation to account for gifts it
8receives to be used for a particular purpose or to account for
9money and property received and administered by the district
10as trustee or custodian or in the capacity of an agent. Boards
11may establish trust, permanent, or agency custodial funds as
12necessary.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill updates the titles of certain entities represented
17by members of the child development coordinating council and
18eliminates certain duties required of the council, updates
19language relating to school district agency funds, revises
20provisions relating to children requiring special education
21under the open enrollment law, adds a reference to a provision
22relating to the actual enrollment of shared-time and part-time
23pupils, and modifies language relating to technology used by
24the state librarian.
25STATE LIBRARY — TECHNOLOGY. Language requiring the
26state library to develop a system of electronic access to
27documents the state library maintains is updated to replace a
28reference to outdated technology with language that requires
29the state library to use current, widely accepted and utilized
30technology, though the state librarian is authorized to
31consider other forms of electronic access that are more
32cost-effective.
33CHILD DEVELOPMENT COORDINATING COUNCIL. The titles
34of certain entities represented by members of the child
35development coordinating council are updated to the division
-3-1of adult, children and family services under the department of
2human services and the college of human sciences at Iowa state
3university to reflect prior name changes of those entities.
4The bill eliminates provisions requiring the council to make
5recommendations to the department of education and the general
6assembly regarding curricula, staff qualifications, training,
7and the development of an at-risk children definition; and
8requiring the council to encourage the establishment of
9regional councils.
10SHARED-TIME AND PART-TIME PUPILS ENROLLMENT. Under the Code
11provision used to determine the certified enrollments of school
12districts, the provision relating to shared-time and part-time
13pupils from accredited nonpublic schools who are enrolled in
14public schools to access classes or services on the accredited
15nonpublic school premises is amended to add a reference to Code
16section 256.12, which describes the manner in which school
17districts may provide classes and services to private school
18students and receive funding for providing such instruction and
19services.
20SCHOOL DISTRICT AGENCY FUNDS. The term “agency fund”,
21describing a fund maintained by a school district, is replaced
22with the term “custodial fund”.
23OPEN ENROLLMENT REQUESTS FOR CHILDREN REQUIRING SPECIAL
24EDUCATION. Currently, a receiving school district need only
25grant the open enrollment request of a child requiring special
26education if the district maintains a special education
27instructional program appropriate to meet the child’s
28educational needs and such enrollment would not cause the
29appropriate class to exceed the maximum class size under rules
30adopted by the state board of education. In addition to not
31causing the class to exceed the maximum class size, the bill
32provides that the enrollment of the child must not cause
33the caseload to exceed the maximum caseload in that special
34education instructional program under rules adopted by the
35state board and there must be sufficient classroom space for
-4-1the general education classes to which the child would be
2assigned.
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