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Senate File 2349 - IntroducedA Bill ForAn Act 1relating to education, including establishing a
2student first scholarship program and a student first
3enrollment supplement fund, requiring the boards of
4directors of school districts to publish certain specified
5information, modifying provisions related to required social
6studies instruction, open enrollment, teacher librarian
7endorsements, competent private instruction, and special
8education, making appropriations, providing penalties, and
9including effective date, applicability, and retroactive
10applicability provisions.
11BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2SCHOOL DISTRICT TRANSPARENCY
3 Section 1. Section 257.17, Code 2022, is amended to read as
4follows:
5257.17 Aid reduction for early school starts.
61. State aid payments made pursuant to section 257.16 for
7a fiscal year shall be reduced by one one-hundred-eightieth
8for each day of that fiscal year for which the school district
9begins school before the earliest school start date specified
10in section 279.10, subsection 1.
112. This section does Subsection 1 shall not apply to a
12school district attendance center that has received approval
13from the department of education under section 279.10,
14subsection 2, to maintain a year-round school calendar
15that commences classes in advance of the school start date
16established in section 279.10, subsection 1. The department of
17management shall prorate the reduction made pursuant to this
18section subsection 1 to account for an attendance center in
19a school district that is approved to maintain a year-round
20school calendar under section 279.10, subsection 2.
213. State aid payments made pursuant to section 257.16 for
22a fiscal year shall be reduced by the department of education
23for each day of that fiscal year for which the school district
24has been found to have intentionally violated a provision of
25section 279.76. The department of education shall reduce
26the state aid payments made pursuant to section 257.16 for a
27fiscal year in an amount the department of education determines
28is in proportion to the actual damages caused by the school
29district’s violation of section 279.76.
30 Sec. 2. NEW SECTION. 279.76 Transparency and state
31standards.
321. The board of directors of each school district shall
33publish all of the following information related to the current
34school year prominently on the school district’s internet site:
35a. A course syllabus or written summary of what material
-1-1will be taught in each class in the school district, sortable
2by subject area, grade level, and teacher.
3b. How each class in the school district meets or exceeds
4the educational standards established pursuant to section
5256.11, sortable by subject area, grade level, and teacher.
6c. The titles of all textbooks, books, articles, videos,
7and other educational materials used for student instruction
8in each class in the school district, or links to the internet
9sites containing such textbooks, books, articles, or other
10educational materials.
11d. The procedures or policies in effect for the
12documentation, review, and approval of all textbooks, books,
13articles, outlines, handouts, presentations, videos, and other
14educational materials used for student instruction. This shall
15include the procedures or policies applicable to the board of
16directors of the school district, principals, administrators,
17teachers, and any committee created by the board of directors,
18an administrator, or a principal.
19e. A comprehensive list of all books available to students
20in libraries operated by the school district.
21f. A flowchart developed by the department of education
22showing the procedures or polices in effect for the parent
23or guardian of a student enrolled in the school district to
24request the removal of a book that is available to students in
25a library operated by the school district.
262. a. The board of directors of each school district shall
27update the information required to be published pursuant to
28subsection 1 on or before August 23 and on or before January 15
29of each school year.
30b. The board of directors of each school district shall
31notify parents and guardians that the information required
32to be published pursuant to subsection 1 has been updated by
33publishing notice on the school district’s internet site and
34providing notice in a newsletter or other written communication
35that is distributed to parents and guardians.
-2- 13. The board of directors of each school district shall
2maintain the information required to be published pursuant to
3subsection 1 for at least five years on the school district’s
4internet site in a manner that is accessible to the public.
54. This section shall not be construed to require the board
6of directors of a school district to do any of the following:
7a. Reproduce educational materials that were not created by
8a teacher employed by the board of directors.
9b. Distribute any educational materials in a manner that
10would infringe on the intellectual property rights of any
11person.
125. For purposes of this section, unless the context
13otherwise requires, “used for student instruction” means
14that a textbook, book, article, syllabus, outline, handout,
15presentation, video, or other educational material meets any of
16the following criteria:
17a. Is or will be assigned, distributed, or otherwise
18presented to students in a class required pursuant to section
19256.11.
20b. Is or will be assigned, distributed, or otherwise
21presented to students as required by the board of directors of
22the school district.
23c. Is or will be created by the board of directors of the
24school district or a teacher employed by the board.
25 Sec. 3. NEW SECTION. 279.77 Protocols for the selection,
26review, reconsideration, and removal of materials from libraries.
27The board of directors of a school district shall adopt
28protocols for the selection, review, reconsideration, and
29removal of materials from libraries operated by the school
30district. The protocols shall require all of the following:
311. A process for the selection, reconsideration, and
32removal of materials from libraries operated by the school
33district.
342. The lawful and ethical use of information resources,
35including plagiarism and intellectual property rights.
-3- 13. A process that allows the parent or guardian of a student
2enrolled in the school district to request the reconsideration
3or removal of materials from a library operated by the school
4district. The process shall require all of the following:
5a. Within ten business days after a parent’s or guardian’s
6submission of a request to reconsider or remove materials from
7a library operated by the school district, or on or before a
8later date, if the school district and the parent or guardian
9agree in writing, the school district shall conduct a review
10of the materials described in the request and respond to the
11parent or guardian in writing with notice of the disposition of
12the request for reconsideration or removal.
13b. The parent or guardian may request that the board of
14directors of the school district review the school district’s
15disposition of the request described in paragraph “a”. The
16board of directors of the school district shall act on the
17request to review the school district’s disposition of the
18request described in paragraph “a” at the next regularly
19scheduled meeting of the board of directors of the school
20district but no later than twenty business days after the
21board of directors of the school district receives the request
22to review the disposition, or on or before a later date, if
23the board of directors of the school district and the parent
24or guardian agree in writing. The board of directors of the
25school district shall respond to the parent or guardian’s
26request for review of the school district’s disposition by
27affirming or reversing the school district’s decision.
28c. The parent or guardian may appeal the decision of the
29board of directors of the school district under paragraph “b” to
30the state board of education pursuant to section 290.1.
31d. If a school district or the board of directors of a
32school district fails to act on a parent’s or guardian’s
33request to reconsider or remove materials from a library
34operated by the school district within the timelines provided
35in this section, the parent or guardian may appeal the school
-4-1district’s or the board of directors of a school district’s
2failure to the state board of education. The state board
3of education may direct the school district or the board
4of directors of a school district to perform the review as
5prescribed and take any other actions applicable in case of
6noncompliance with state or federal education laws pursuant to
7section 256.11, subsection 10, paragraph “c”.
8 Sec. 4. FLOWCHART. The department of education shall create
9a flowchart that shows the procedure for a parent or guardian
10of a student enrolled in a school district to request the
11removal of a book that is available to students in a library
12operated by the school district as required by section 279.76,
13as enacted by this division of this Act. The department of
14education shall provide the flowchart to all school districts.
15DIVISION II
16STUDENT FIRST SCHOLARSHIP PROGRAM
17 Sec. 5. Section 256.9, Code 2022, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 65. Adopt rules relating to the
20administration of and applications for the student first
21scholarship program pursuant to section 257.11B, including but
22not limited to application processing timelines and information
23required to be submitted by a parent or guardian.
24 Sec. 6. NEW SECTION. 257.11B Student first scholarship
25program.
261. a. For the school budget year beginning July 1, 2022,
27and each succeeding school budget year, the following resident
28pupils who are attending a nonpublic school, as defined in
29section 285.16, shall be eligible to receive a student first
30scholarship in the manner provided in this section:
31(1) A pupil whose household has an annual income which
32is less than or equal to four hundred percent of the most
33recently revised poverty income guidelines published by the
34United States department of health and human services. The
35total number of student first scholarships the department of
-5-1education approves for pupils pursuant to this subparagraph
2shall not exceed five thousand in a school year. However, if
3the number of student first scholarships received by pupils
4pursuant to subparagraph (2) is less than the number of student
5first scholarships reserved for pupils under subparagraph (2),
6the department of education may approve the difference for
7pupils pursuant to this subparagraph for the same school year.
8(2) A pupil who has an individualized education program.
9The total number of student first scholarships the department
10of education approves for pupils pursuant to this subparagraph
11shall not exceed five thousand in a school year. However, if
12the number of student first scholarships received by pupils
13pursuant to subparagraph (1) is less than the number of student
14first scholarships reserved for pupils under subparagraph (1),
15the department of education may approve the difference for
16pupils pursuant to this subparagraph for the same school year.
17(3) A pupil who received a student first scholarship
18for the immediately preceding school budget year, who is
19eligible to enroll in grade one through grade twelve, who meets
20the requirements of subparagraph (1) or (2) and who is not
21otherwise ineligible under this section.
22b. Student first scholarships shall be made available to
23parents and guardians in the manner authorized under subsection
244, paragraph “c”, for the payment of qualified educational
25expenses as provided in this section.
26c. No more than ten thousand student first scholarships
27shall be made available each school year.
28d. For purposes of this subsection, “resident” means the
29same as defined in section 282.1, subsection 2.
302. a. (1) By January 1 preceding the school year for
31which the student first scholarship is requested, the parent or
32guardian of a pupil enrolled in a school district, eligible to
33enroll in a school district for kindergarten in the next school
34year, or enrolled in a nonpublic school who received a student
35first scholarship in the current school year, may request a
-6-1student first scholarship by submitting an application to the
2department of education, on application forms developed by the
3department of education, indicating that the parent or guardian
4intends to enroll the pupil in a nonpublic school for the
5entirety of the school year.
6(2) In addition to such information deemed appropriate by
7the department of education, the application shall require
8certification from the nonpublic school of the pupil’s
9enrollment for the following school year.
10b. By February 1 preceding the school year for which the
11student first scholarship is requested, the department of
12education shall determine the number of pupils in each school
13district approved to receive a scholarship for the following
14school year and shall notify the parent or guardian of each
15pupil approved for the following school year to receive a
16scholarship and the amount of the scholarship for the pupil.
17The department of education shall approve pupils who received
18a student first scholarship for the immediately preceding
19school budget year who are eligible to enroll in grade one
20through grade twelve, who meet the requirements of subsection
211, paragraph “a”, subparagraph (1) or (2), and who are not
22otherwise ineligible under this section. The department
23of education shall approve the remaining pupils who did
24not receive a student first scholarship for the immediately
25preceding school budget year, subject to the limitation in
26subsection 1, paragraph “c”, on a first-come, first-served
27basis based on the date the parent or guardian submitted
28the application pursuant to subsection 2, paragraph “a”,
29subparagraph (1).
30c. Student first scholarships shall only be approved for
31one school year and applications must be submitted annually for
32student first scholarships in subsequent school years.
333. The department of education shall assign each pupil a
34student first scholarship in an amount equal to the sum of all
35the following for the same school budget year:
-7- 1a. The product of the pupil’s weighted enrollment that
2would otherwise be assigned to the pupil under this chapter if
3the pupil was enrolled in the pupil’s district of residence
4multiplied by the difference between eighty-eight and
5four-tenths percent of the regular program state cost per pupil
6and the statewide average foundation property tax per pupil.
7b. The total teacher salary supplement district cost per
8pupil for the pupil’s district of residence.
9c. The total professional development supplement district
10cost per pupil for the pupil’s district of residence.
11d. The total early intervention supplement district cost per
12pupil for the pupil’s district of residence.
13e. The total area education agency teacher salary supplement
14district cost per pupil for the pupil’s district of residence.
15f. The total area education agency professional development
16supplement district cost per pupil for the pupil’s district of
17residence.
18g. The total teacher leadership supplement district cost per
19pupil for the pupil’s district of residence.
204. A student first scholarship fund is created in the
21state treasury under the control of the department of
22education consisting of moneys appropriated to the department
23of education for the purpose of providing student first
24scholarships under this section. For the fiscal year
25commencing July 1, 2022, and each succeeding fiscal year, there
26is appropriated from the general fund of the state to the
27department of education to be credited to the fund the amount
28necessary to pay all student first scholarships approved for
29that fiscal year. The director of the department of education
30has all powers necessary to carry out and effectuate the
31purposes, objectives, and provisions of this section pertaining
32to the fund, including the power to do all of the following:
33a. Make and enter into contracts necessary for the
34administration of the fund.
35b. Procure insurance against any loss in connection with the
-8-1assets of the fund or require a surety bond.
2c. Contract with a private financial management firm to
3manage the fund, in collaboration with the treasurer of state,
4including providing for the disbursement of student first
5scholarships in the form of an electronic debit card or checks
6that are payable directly from the pupil’s account within the
7fund.
8d. Conduct audits or other reviews necessary to properly
9administer the program.
10e. Adopt rules for the administration of the fund and
11accounts within the fund.
125. a. For each pupil approved for a student first
13scholarship, the department of education shall establish an
14account for that pupil in the student first scholarship fund.
15The amount of the pupil’s student first scholarship shall be
16deposited into the pupil’s account on July 1, and such amount
17shall be immediately available for the payment of qualified
18educational expenses incurred by the parent or guardian for
19the pupil during that fiscal year using the payment method
20authorized under subsection 4, paragraph “c”.
21b. A nonpublic school that accepts payment from a parent
22or guardian using funds from a pupil’s account in the student
23first scholarship fund shall not refund, rebate, or share any
24portion of such payment with the parent, guardian, or pupil.
25c. Moneys remaining in a pupil’s account upon conclusion
26of the fiscal year shall remain in the pupil’s account in the
27student first scholarship fund for the payment of qualified
28educational expenses in future fiscal years during which the
29pupil participates in the program until the pupil becomes
30ineligible under the program or until the remaining amounts are
31transferred to the state general fund under subsection 8.
326. a. For purposes of this section, “qualified educational
33expenses” includes tuition and fees at a nonpublic school,
34textbooks, fees or payments for educational therapies,
35including tutoring or cognitive skills training, curriculum
-9-1fees, software, and materials for a course of study for a
2specific subject matter or grade level, tuition or fees for
3nonpublic online education programs, tuition for vocational and
4life skills education approved by the department of education,
5education materials and services for pupils with disabilities,
6including the cost of paraprofessionals and assistants who are
7trained in accordance with state law, standardized test fees,
8advanced placement examinations or examinations related to
9postsecondary education admission or credentialing, qualified
10education expenses, as defined in section 12D.1, excluding
11room and board expenses, and other expenses incurred by the
12parent or guardian that are directly related to the education
13of the pupil at a nonpublic school, including a nonpublic
14school accredited by an independent accrediting agency approved
15by the department of education. The cost of one computer or
16other portable computing device shall be allowed as a qualified
17educational expense for a pupil if the computer or portable
18computing device is used primarily for the education of the
19pupil and if such a purchase has not been made using funds from
20that pupil’s account in any of the three immediately preceding
21fiscal years.
22b. “Qualified educational expenses” does not include
23transportation costs for the pupil, the cost of food or
24refreshments consumed by the pupil, the cost of clothing for
25the pupil, or the cost of disposable materials, including
26but not limited to paper, notebooks, pencils, pens, and art
27supplies.
287. a. A person who makes a false claim for the purpose
29of obtaining a student first scholarship provided for in this
30section or who knowingly receives the scholarship or makes a
31payment from an account within the student first scholarship
32fund without being legally entitled to do so is guilty of a
33fraudulent practice under chapter 714. The false claim for a
34student first scholarship or a payment from an account shall
35be disallowed. The department of education shall also close
-10-1the pupil’s account in the student first scholarship fund and
2transfer any remaining moneys in the account for deposit in the
3general fund of the state. If the improperly obtained amounts
4from the scholarship have been disbursed from the applicable
5account in the student first scholarship fund, the department
6of education shall recover such amounts from the parent or
7guardian, including by initiating legal proceedings to recover
8such amounts, if necessary. A parent or guardian who commits
9a fraudulent practice under this section is prohibited from
10participating in the student first scholarship program in the
11future.
12b. If, prior to the end of the required attendance
13period of the school year, a pupil who receives a student
14first scholarship withdraws from enrollment in the nonpublic
15school or is expelled, the nonpublic school shall notify the
16department of education in writing of the pupil’s withdrawal
17or expulsion, and the pupil’s parent or guardian shall notify
18the department of education of the pupil’s withdrawal or
19expulsion from the nonpublic school. A pupil’s expulsion
20from the nonpublic school prior to the end of the required
21attendance period for the school year shall invalidate the
22pupil’s eligibility for the student first scholarship for the
23school budget year. A pupil’s withdrawal from a nonpublic
24school prior to the end of the required attendance period of
25the school year shall invalidate the pupil’s eligibility for
26the student first scholarship for the school budget year unless
27the withdrawal is the result of a change in residence of the
28pupil and the pupil, following written notice by the parent
29or guardian and certification by the new nonpublic school to
30the department of education, enrolls in a different nonpublic
31school in this state for the remainder of the school year.
32c. (1) Upon receipt of a notice of expulsion under
33paragraph “b”, the department of education shall close the
34pupil’s account in the student first scholarship fund and
35transfer any remaining moneys in the account for deposit in
-11-1the general fund of the state. In addition, if amounts from
2the scholarship for the school budget year during which the
3pupil is expelled have been disbursed from the expelled pupil’s
4account in the student first scholarship fund, the department
5of education shall recover such amounts from the parent or
6guardian, including by initiating legal proceedings to recover
7such amounts, if necessary.
8(2) Upon receipt of a notice of withdrawal under paragraph
9“b” and a determination that the pupil’s withdrawal was
10not the result of a change in residence, the department of
11education shall cease disbursements of remaining moneys in
12the pupil’s account in the student first scholarship fund,
13close the pupil’s account, and transfer any moneys remaining
14in the pupil’s account for deposit in the general fund of
15the state. In addition, if amounts from the scholarship for
16the school budget year during which the withdrawal occurs
17have been disbursed from the pupil’s account in the student
18first scholarship fund, the department of education shall
19recover such amounts from the parent or guardian to the extent
20the amount disbursed exceeds the amount of the scholarship
21proportionate to the remaining portion of the school year
22following the withdrawal, including by initiating legal
23proceedings to recover such amounts, if necessary.
24(3) Upon receipt of a notice of withdrawal under paragraph
25“b” and a determination that the withdrawal was the result of
26a change in residence but that the pupil did not enroll in
27a different nonpublic school in this state for the remainder
28of the school year, the department of education shall cease
29disbursements of remaining moneys in the pupil’s account in
30the student first scholarship fund, close the pupil’s account,
31and transfer any moneys remaining in the pupil’s account for
32deposit in the general fund of the state.
33(4) If a pupil’s eligibility is invalidated under the
34provisions of paragraph “b”, the pupil shall be ineligible for a
35student first scholarship for the following school budget year
-12-1under subsection 1, paragraph “a”, subparagraphs (2) and (3).
28. Moneys remaining in a pupil’s account when the pupil
3graduates from high school or turns twenty-one years of age,
4whichever occurs first, shall be transferred by the department
5of education for deposit in the general fund of the state.
69. a. A parent may appeal to the state board of education
7any administrative decision the department of education
8makes pursuant to this section, including but not limited
9to determinations of eligibility, allowable expenses, and
10removal from the program. The department shall notify the
11parent or guardian in writing of the appeal process at the same
12time the department notifies the parent or guardian of the
13administrative decision. The state board of education shall
14establish the appeals process consistent with chapter 17A and
15shall post such appeal process information on the state board
16of education’s internet site.
17b. The state board of education shall refer cases of
18substantial misuse of student first scholarship funds to the
19attorney general for the purpose of collection or for the
20purpose of a criminal investigation if the state board of
21education obtains evidence of fraudulent use of an account.
2210. a. This section shall not be construed to authorize
23the state or any political subdivision of the state to exercise
24authority over any nonpublic school or construed to require a
25nonpublic school to modify its academic standards for admission
26or educational program in order to receive payment from a
27parent or guardian using funds from a pupil’s account in the
28student first scholarship fund.
29b. This section shall not be construed to expand the
30authority of the state or any political subdivision of the
31state to impose regulations upon any nonpublic school that are
32not necessary to implement this section.
33c. A nonpublic school that accepts payment from a parent
34or guardian using funds from a pupil’s account in the student
35first scholarship fund is not an agent of this state or of a
-13-1political subdivision of this state.
2d. Rules adopted by the department of education to implement
3this section that impose an undue burden on a nonpublic school
4are invalid.
5e. A nonpublic school that accepts payment from a parent
6or guardian using funds from a pupil’s account in the student
7first scholarship fund shall be given the maximum freedom
8possible to provide for the educational needs of the school’s
9students, consistent with state and federal law.
10 Sec. 7. NEW SECTION. 257.16E Student first enrollment
11supplement fund.
121. A student first enrollment supplement fund is created as
13a separate and distinct fund in the state treasury under the
14control of the department of management. Moneys in the fund
15include revenues credited to the fund, appropriations made to
16the fund, and other moneys deposited into the fund.
172. a. For each fiscal year beginning on or after July 1,
182023, there is appropriated annually from the general fund
19of the state to the department of management for deposit in
20the student first enrollment supplement fund an amount equal
21to the product of the number of student first scholarships
22approved under section 257.11B for the base year multiplied by
23the sum of the statewide average foundation property tax per
24pupil plus the difference between the amount determined under
25section 257.16B, subsection 2, paragraph “c”, subparagraph (2),
26and the amount determined under section 257.16B, subsection 2,
27paragraph “c”, subparagraph (1).
28b. The moneys available in a fiscal year in the student
29first enrollment supplement fund shall be distributed by the
30department of management in equal amounts as student first
31enrollment supplement payments to school districts with a
32budget enrollment of five hundred students or less for the
33budget year.
343. a. Payments to school districts under this section shall
35be paid at the same time and in the same manner as foundation
-14-1aid is paid under section 257.16, and may be included in the
2monthly payment of state aid under section 257.16, subsection
32.
4b. Student first enrollment supplement payments received
5under this section are miscellaneous income and shall be
6deposited in the general fund of the school district. However,
7the payment amount shall not be included in district cost and
8shall not affect the receipt or amount of a budget adjustment
9received under section 257.14.
104. Notwithstanding section 8.33, any moneys remaining in
11the foundation base supplement fund at the end of a fiscal year
12shall not revert to any other fund but shall remain in the
13foundation base supplement fund for use as provided in this
14section for the following fiscal year.
15 Sec. 8. Section 422.7, Code 2022, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 51. Subtract, to the extent included, the
18amount of a student first scholarship under section 257.11B
19received by the taxpayer for payment of qualified educational
20expenses.
21 Sec. 9. STUDENT FIRST SCHOLARSHIP PROGRAM APPLICATIONS FOR
22THE SCHOOL YEAR BEGINNING JULY 1, 2022.
231. Notwithstanding the deadline in section 257.11B,
24subsection 2, paragraph “a”, subparagraph (1), as enacted in
25this division of this Act, by May 1 preceding the school year
26beginning July 1, 2022, the parent or guardian of a pupil who
27is enrolled in a school district or who is eligible to enroll
28in a school district for kindergarten in the next school year,
29and who is requesting a student first scholarship for the
30school year beginning July 1, 2022, may request a student first
31scholarship by submitting an application to the department of
32education, on application forms developed by the department of
33education, indicating that the parent or guardian intends to
34enroll the pupil in a nonpublic school for the entirety of the
35school year beginning July 1, 2022.
-15- 12. Notwithstanding the deadline in section 257.11B,
2subsection 2, paragraph “b”, as enacted in this division of
3this Act, by June 1 preceding the school year beginning July
41, 2022, the department of education shall determine the
5number of pupils in each school district approved to receive
6a scholarship for the following school year and shall notify
7the parent or guardian of each pupil approved for the following
8school year to receive a scholarship and the amount of the
9scholarship for the pupil.
10 Sec. 10. EMERGENCY RULES. The department of education
11may adopt emergency rules under section 17A.4, subsection 3,
12and section 17A.5, subsection 2, paragraph “b”, to implement
13the provisions of the section of this division of this Act
14enacting section 256.9, subsection 65, and section 257.11B, and
15the rules shall be effective immediately upon filing unless
16a later date is specified in the rules. Any rules adopted
17in accordance with this section shall also be published as a
18notice of intended action as provided in section 17A.4.
19 Sec. 11. EFFECTIVE DATE. The following, being deemed of
20immediate importance, take effect upon enactment:
211. The section of this division of this Act enacting section
22256.9, subsection 65.
232. The section of this division of this Act enacting section
24257.11B.
253. The section of this division of this Act establishing
26deadlines for the applications for the student first
27scholarship program for the school year beginning July 1, 2022.
284. The section of this division of this Act authorizing the
29department of education to engage in emergency rulemaking.
30 Sec. 12. APPLICABILITY. The following applies to school
31budget years and fiscal years beginning on or after July 1,
322022:
33The section of this division of this Act enacting section
34257.11B.
35 Sec. 13. APPLICABILITY. The following applies to school
-16-1budget years and fiscal years beginning on or after July 1,
22023:
3The section of this division of this Act enacting section
4257.16E.
5 Sec. 14. RETROACTIVE APPLICABILITY. The following applies
6retroactively to tax years beginning on or after January 1,
72022:
8The section of this division of this Act enacting section
9422.7, subsection 51.
10DIVISION III
11SOCIAL STUDIES INSTRUCTION
12 Sec. 15. Section 256.11, subsection 5, paragraph b, Code
132022, is amended to read as follows:
14b. (1) Five units of the social studies including
15instruction in voting statutes and procedures, voter
16registration requirements, the use of paper ballots and voting
17systems in the election process, and the method of acquiring
18and casting an absentee ballot. All students shall complete a
19minimum of one-half unit of United States government and one
20unit of United States history.
21(2) The one-half unit of United States government shall
22include the all of the following:
23(a) Thevoting procedure as described in this lettered
24paragraph and section 280.9A. The government instruction shall
25also include a
26(b) Astudy of the Constitution of the United States and the
27Bill of Rights contained in the Constitution and an assessment
28of a student’s knowledge of the Constitution and the Bill of
29Rights.
30(c) (i) An assessment of the student’s knowledge of
31United States government and civics that includes the nature,
32purpose, structure, function, and history of the United States
33government, the rights and responsibilities of citizens of
34the United States, and important United States government and
35civic leaders. The most recent version of the civics test
-17-1developed by the United States citizenship and immigration
2services shall be used as the assessment required by this
3subparagraph division. On or before June 30 of each year, each
4school district and nonpublic school shall submit the results
5of the assessment required by this subparagraph division to the
6department.
7(ii) The school district or nonpublic school may modify
8the civics test developed by the United States citizenship and
9immigration services for a student who has an individualized
10education program.
11(iii) A student shall answer at least seventy percent of
12the questions on the civics test developed by the United States
13citizenship and immigration services correctly as a condition
14of graduation. A student who fails to answer at least seventy
15percent of the questions on the civics test correctly may
16retake the civics test as many times as necessary.
17DIVISION IV
18PRIVATE INSTRUCTION — SPECIAL EDUCATION
19 Sec. 16. Section 299A.9, subsection 1, Code 2022, is amended
20to read as follows:
211. A child of compulsory attendance age who is identified
22as requiring special education under chapter 256B is eligible
23for placement under competent private instruction with prior
24approval of the placement by the director of special education
25of the area education agency of the child’s district of
26residence.
27 Sec. 17. Section 299A.9, Code 2022, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 3. The parent, guardian, or legal custodian
30of a child who is identified as requiring special education
31may request dual enrollment pursuant to section 299A.8. The
32appropriate special education services for the child shall be
33determined pursuant to chapter 256B and rules adopted pursuant
34to chapter 256B.
35DIVISION V
-18-1OPEN ENROLLMENT
2 Sec. 18. Section 282.18, subsection 5, Code 2022, is amended
3to read as follows:
45. a. Open enrollment applications filed after March 1
5of the preceding school year that do not qualify for good
6cause as provided in subsection 4 shall be subject to the
7approval of the board of the resident district and the board
8of the receiving district. The parent or guardian shall send
9notification to the district of residence and the receiving
10district that the parent or guardian seeks to enroll the
11parent’s or guardian’s child in the receiving district.
12b. A decision of either board to deny an application filed
13under this subsection involving repeated acts of harassment
14of the student that the resident district cannot adequately
15address, a consistent failure of the resident district to
16reasonably respond to a student’s failure to meet basic
17academic standards after notice provided by a parent or
18guardian, or a serious health condition of the student that
19the resident district cannot adequately address is subject to
20appeal under section 290.1. A decision of either board to
21deny an application filed under this subsection related to the
22sibling or stepsibling of a student described in this paragraph
23is also subject to appeal under section 290.1.
24c. The state board shall adopt by rule the criteria
25for determining a resident district’s consistent failure
26to reasonably respond to a student’s failure to meet basic
27academic standards and shall exercise broad discretion to
28achieve just and equitable results that are in the best
29interest of the affected child or children.
30 Sec. 19. Section 282.18, subsection 11, paragraph a, Code
312022, is amended by adding the following new subparagraph:
32 NEW SUBPARAGRAPH. (08) If the pupil participates in
33open enrollment because the pupil’s sibling or stepsibling
34participates in open enrollment as a result of the sibling
35or stepsibling’s appeal under section 282.18, subsection 5,
-19-1paragraph “b”.
2DIVISION VI
3TEACHER LIBRARIANS
4 Sec. 20. Section 256.11, subsection 9, Code 2022, is amended
5to read as follows:
69. Beginning July 1, 2006, each school district shall have a
7qualified teacher librarian who shall be licensed by the board
8of educational examiners under chapter 272. Such license shall
9not require the completion of a master’s degree. The state
10board shall establish in rule a definition of and standards for
11an articulated sequential kindergarten through grade twelve
12media program. A school district that entered into a contract
13with an individual for employment as a media specialist or
14librarian prior to June 1, 2006, shall be considered to be
15in compliance with this subsection until June 30, 2011, if
16the individual is making annual progress toward meeting the
17requirements for a teacher librarian endorsement issued by the
18board of educational examiners under chapter 272. A school
19district that entered into a contract with an individual for
20employment as a media specialist or librarian who holds at
21least a master’s degree in library and information studies
22shall be considered to be in compliance with this subsection
23until the individual leaves the employ of the school district.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to education, including establishing
28a student first scholarship program and a student first
29enrollment supplement fund, requiring the boards of directors
30of school districts to publish certain specified information,
31and modifying provisions related to required social studies
32instruction, open enrollment, teacher librarian endorsements,
33competent private instruction, and special education.
34DIVISION I — SCHOOL DISTRICT TRANSPARENCY. The bill
35creates new Code section 279.76, which requires the board of
-20-1directors of each school district to publish on the school
2district’s internet site a syllabus or written summary of what
3material will be taught in each class in the school district,
4how each class in the school district meets or exceeds the
5educational standards established pursuant to Code section
6256.11, information related to all educational materials used
7for student instruction in each class in the school district,
8the procedures for the review and approval of all educational
9materials used for student instruction, a list of all books
10available to students in libraries operated by the school
11district, and a flowchart developed by the department of
12education showing the procedures for the parent or guardian
13of a student enrolled in the school district to request the
14removal of a book that is available to students in a library
15operated by the school district. The bill also requires the
16board of directors to update this information periodically and
17notify parents and guardians that the information has been
18updated. The bill provides that the board of directors shall
19maintain this information for at least five years on the school
20district’s internet site.
21The bill provides that state aid payments made pursuant
22to Code section 257.16 for a fiscal year shall be reduced in
23an amount determined by the department of education for each
24day of that fiscal year for which the school district has been
25found to have intentionally violated a provision of new Code
26section 279.76. The bill provides that the department shall
27make the reduction in an amount the department determines
28is in proportion to the actual damages caused by the school
29district’s violation of new Code section 279.76.
30The bill requires the board of directors of a school district
31to adopt protocols for the selection, review, reconsideration,
32and removal of materials from libraries operated by the
33school district. The bill establishes what the protocols
34shall require, which includes a process for the selection,
35reconsideration, and removal of materials from libraries
-21-1operated by the school district, the lawful and ethical use of
2information resources, including plagiarism and intellectual
3property rights, and a process that allows the parent or
4guardian of a student enrolled in the school district to
5request the reconsideration or removal of materials from a
6library operated by the school district.
7DIVISION II — STUDENT FIRST SCHOLARSHIP PROGRAM. Under the
8bill, for the school year beginning July 1, 2022, the following
9pupils who attend a nonpublic school are eligible to receive
10a student first scholarship: (1) a pupil whose household has
11an annual income which is less than or equal to 400 percent
12of the poverty income guidelines; (2) a pupil who has an
13individualized education program; and (3) a pupil who received
14a student first scholarship for the immediately preceding
15school budget year and who is eligible to enroll in grade 1
16through grade 12. The bill limits the number of student first
17scholarships to no more than 10,000 in each school year. By
18January 1 preceding the school year for which the student first
19scholarship is requested, the parent or guardian of a pupil
20enrolled in a school district, eligible to enroll in a school
21district for kindergarten in the next school year, or enrolled
22in a nonpublic school who received a student first scholarship
23in the current school year, may request a student first
24scholarship by submitting an application to the department of
25education indicating that the parent or guardian intends to
26enroll the pupil in a nonpublic school for the entirety of the
27school year.
28The bill requires that by February 1 preceding the school
29year for which the student first scholarship is requested, the
30department of education must notify the parent or guardian of
31each pupil approved for the following school year to receive a
32student first scholarship and the amount of the student first
33scholarship for the pupil, as specified in the bill. Student
34first scholarships must be approved for each school year and
35applications must be submitted each year. The bill specifies
-22-1how the department is to choose which applications to approve.
2The bill creates a student first scholarship fund in
3the state treasury under the control of the department of
4education consisting of moneys appropriated to the department
5of education for the purpose of providing student first
6scholarships. For the fiscal year commencing July 1, 2022, and
7each succeeding fiscal year, the bill appropriates from the
8general fund of the state to the department of education for
9deposit in the fund the amount necessary to pay all student
10first scholarships approved for that fiscal year. For each
11pupil approved for a student first scholarship, the department
12of education must establish an account for that pupil in the
13student first scholarship fund. The amount of the pupil’s
14student first scholarship is deposited into the pupil’s account
15on July 1 and such amount is available for use by parents and
16guardians for the payment of qualified educational expenses, as
17defined in the bill, incurred by the parent or guardian for the
18pupil during that fiscal year.
19The bill authorizes the department of education to contract
20with a private financial management firm to manage the student
21first scholarship fund, in collaboration with the treasurer
22of state, including providing for the disbursement of student
23first scholarships in the form of an electronic debit card
24or checks that are payable directly from the pupil’s account
25within the fund.
26The bill provides that moneys remaining in a pupil’s account
27upon the conclusion of the fiscal year shall remain in the
28pupil’s account in the student first scholarship fund for the
29payment of qualified educational expenses in future fiscal
30years during which the pupil participates in the program until
31the pupil becomes ineligible or until the remaining amounts are
32required to be transferred to the general fund of the state
33under the bill.
34Under the bill, for each pupil with a positive balance
35in the pupil’s account in the student first scholarship fund
-23-1upon graduation from high school or reaching 21 years of age,
2whichever occurs first, the department of education is required
3to transfer such remaining moneys for deposit in the general
4fund of the state.
5The bill establishes procedures for parent or guardian
6appeals to the state board of education and provides that a
7person who makes a false claim for the purpose of obtaining
8a student first scholarship or who knowingly receives the
9scholarship or makes a payment from an account in the student
10first scholarship fund without being legally entitled to do
11so is guilty of a fraudulent practice and is subject to a
12criminal penalty. The bill directs the department of education
13to recover scholarships and amounts improperly awarded or
14paid and requires the closure of the pupil’s account and
15transfer of all remaining moneys to the general fund of the
16state. The bill also establishes requirements and procedures
17for parents or guardians and for the department of education
18when a pupil receiving a student first scholarship withdraws
19or is expelled from the nonpublic school prior to the end of
20the required attendance period of the school year, including
21requirements for disposition of the pupil’s account within the
22student first scholarship fund and recovery of scholarship
23funds. The section of the bill enacting the student first
24scholarship program takes effect upon enactment and applies
25to school budget years and fiscal years beginning on or after
26July 1, 2022. The bill contains provisions extending certain
27application and notification deadlines related to the student
28first scholarship program for the school year beginning July
291, 2022, which take effect upon enactment. The bill also
30authorizes the department of education to adopt emergency rules
31to implement the student first scholarship program.
32The bill provides that a student first scholarship received
33by a taxpayer is not taxable income for purposes of state
34individual income taxation. This provision of the bill applies
35retroactively to tax years beginning on or after January 1,
-24-12022.
2The bill establishes a student first enrollment supplement
3fund under the control of the department of management. For
4each fiscal year beginning on or after July 1, 2023, the bill
5appropriates annually from the general fund of the state to
6the department of management for deposit in the student first
7enrollment supplement fund an amount equal to the product of
8the number of student first scholarships approved for the base
9year multiplied by the sum of the statewide average foundation
10property tax per pupil plus the difference between the amounts
11determined under Code section 257.16B, subsection 2, paragraph
12“c”, subparagraphs (1) and (2), for the calculation of school
13district property tax replacement payments. Moneys available
14in a fiscal year in the student first enrollment supplement
15fund shall be distributed in equal amounts as student first
16enrollment supplement payments to school districts with a
17budget enrollment of 500 students or less for the budget
18year. Student first enrollment supplement payments shall be
19miscellaneous income and shall be deposited in the general fund
20of the school district. However, the payment amount shall not
21be included in district cost and shall not affect the receipt
22or amount of a budget adjustment received under Code section
23257.14. The section of the bill enacting the student first
24enrollment supplement fund applies to school budget years and
25fiscal years beginning on or after July 1, 2023.
26DIVISION III — SOCIAL STUDIES INSTRUCTION. Under current
27law, the educational program established pursuant to Code
28section 256.11 is required to include, in grades 9 through 12,
29five units of social studies, one-half unit of which is to
30consist of instruction in United States government. The bill
31provides that this one-half unit of United States government
32shall include an assessment of the student’s knowledge of
33United States government and civics. The bill provides that
34the most recent version of the civics test developed by the
35United States citizenship and immigration services shall be
-25-1used as the assessment. The bill requires each school district
2and nonpublic school to submit the results of the civics test
3to the department of education by June 30 of each year. The
4bill authorizes a school district or nonpublic school to
5modify the civics test for a student who has an individualized
6education program. The bill provides that a student must
7answer at least 70 percent of the questions correctly on the
8civics test as a condition of graduation. The bill authorizes
9a student who fails to answer at least 70 percent of the
10questions on the civics test correctly to retake the civics
11test.
12DIVISION IV — PRIVATE INSTRUCTION — SPECIAL EDUCATION.
13 The bill provides that a child of compulsory attendance age who
14is identified as requiring special education is eligible for
15placement under competent private instruction without prior
16approval of the placement by the director of special education
17of an area education agency. The bill also provides that a
18child who is identified as requiring special education may
19request dual enrollment and the appropriate special education
20services for the child shall be determined pursuant to Code
21chapter 256B (special education).
22DIVISION V — OPEN ENROLLMENT. Current law provides that
23the decision of the board of a resident school district
24or receiving school district to deny an open enrollment
25application filed after March 1 of the preceding school year
26that involves repeated acts of harassment of the student that
27the resident district cannot adequately address, a consistent
28failure of the resident district to reasonably respond to a
29student’s failure to meet basic academic standards after notice
30provided by a parent or guardian, or a serious health condition
31of the student that the resident district cannot adequately
32address is subject to appeal under Code section 290.1. The
33bill provides that this right of appeal also applies to a
34decision of either board to deny an open enrollment application
35related to the sibling or stepsibling of such a student.
-26-1Additionally, the bill authorizes the sibling or stepsibling of
2such a student, attending a grade in grades 9 through 12, who
3does participate in open enrollment to participate immediately
4in a varsity interscholastic sport.
5DIVISION VI — TEACHER LIBRARIANS. The bill removes the
6requirement that the holder of a teacher librarian endorsement
7have a master’s degree.
-27-jda/jh
2student first scholarship program and a student first
3enrollment supplement fund, requiring the boards of
4directors of school districts to publish certain specified
5information, modifying provisions related to required social
6studies instruction, open enrollment, teacher librarian
7endorsements, competent private instruction, and special
8education, making appropriations, providing penalties, and
9including effective date, applicability, and retroactive
10applicability provisions.
11BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2SCHOOL DISTRICT TRANSPARENCY
3 Section 1. Section 257.17, Code 2022, is amended to read as
4follows:
5257.17 Aid reduction for early school starts.
61. State aid payments made pursuant to section 257.16 for
7a fiscal year shall be reduced by one one-hundred-eightieth
8for each day of that fiscal year for which the school district
9begins school before the earliest school start date specified
10in section 279.10, subsection 1.
112. This section does Subsection 1 shall not apply to a
12school district attendance center that has received approval
13from the department of education under section 279.10,
14subsection 2, to maintain a year-round school calendar
15that commences classes in advance of the school start date
16established in section 279.10, subsection 1. The department of
17management shall prorate the reduction made pursuant to this
18section subsection 1 to account for an attendance center in
19a school district that is approved to maintain a year-round
20school calendar under section 279.10, subsection 2.
213. State aid payments made pursuant to section 257.16 for
22a fiscal year shall be reduced by the department of education
23for each day of that fiscal year for which the school district
24has been found to have intentionally violated a provision of
25section 279.76. The department of education shall reduce
26the state aid payments made pursuant to section 257.16 for a
27fiscal year in an amount the department of education determines
28is in proportion to the actual damages caused by the school
29district’s violation of section 279.76.
30 Sec. 2. NEW SECTION. 279.76 Transparency and state
31standards.
321. The board of directors of each school district shall
33publish all of the following information related to the current
34school year prominently on the school district’s internet site:
35a. A course syllabus or written summary of what material
-1-1will be taught in each class in the school district, sortable
2by subject area, grade level, and teacher.
3b. How each class in the school district meets or exceeds
4the educational standards established pursuant to section
5256.11, sortable by subject area, grade level, and teacher.
6c. The titles of all textbooks, books, articles, videos,
7and other educational materials used for student instruction
8in each class in the school district, or links to the internet
9sites containing such textbooks, books, articles, or other
10educational materials.
11d. The procedures or policies in effect for the
12documentation, review, and approval of all textbooks, books,
13articles, outlines, handouts, presentations, videos, and other
14educational materials used for student instruction. This shall
15include the procedures or policies applicable to the board of
16directors of the school district, principals, administrators,
17teachers, and any committee created by the board of directors,
18an administrator, or a principal.
19e. A comprehensive list of all books available to students
20in libraries operated by the school district.
21f. A flowchart developed by the department of education
22showing the procedures or polices in effect for the parent
23or guardian of a student enrolled in the school district to
24request the removal of a book that is available to students in
25a library operated by the school district.
262. a. The board of directors of each school district shall
27update the information required to be published pursuant to
28subsection 1 on or before August 23 and on or before January 15
29of each school year.
30b. The board of directors of each school district shall
31notify parents and guardians that the information required
32to be published pursuant to subsection 1 has been updated by
33publishing notice on the school district’s internet site and
34providing notice in a newsletter or other written communication
35that is distributed to parents and guardians.
-2- 13. The board of directors of each school district shall
2maintain the information required to be published pursuant to
3subsection 1 for at least five years on the school district’s
4internet site in a manner that is accessible to the public.
54. This section shall not be construed to require the board
6of directors of a school district to do any of the following:
7a. Reproduce educational materials that were not created by
8a teacher employed by the board of directors.
9b. Distribute any educational materials in a manner that
10would infringe on the intellectual property rights of any
11person.
125. For purposes of this section, unless the context
13otherwise requires, “used for student instruction” means
14that a textbook, book, article, syllabus, outline, handout,
15presentation, video, or other educational material meets any of
16the following criteria:
17a. Is or will be assigned, distributed, or otherwise
18presented to students in a class required pursuant to section
19256.11.
20b. Is or will be assigned, distributed, or otherwise
21presented to students as required by the board of directors of
22the school district.
23c. Is or will be created by the board of directors of the
24school district or a teacher employed by the board.
25 Sec. 3. NEW SECTION. 279.77 Protocols for the selection,
26review, reconsideration, and removal of materials from libraries.
27The board of directors of a school district shall adopt
28protocols for the selection, review, reconsideration, and
29removal of materials from libraries operated by the school
30district. The protocols shall require all of the following:
311. A process for the selection, reconsideration, and
32removal of materials from libraries operated by the school
33district.
342. The lawful and ethical use of information resources,
35including plagiarism and intellectual property rights.
-3- 13. A process that allows the parent or guardian of a student
2enrolled in the school district to request the reconsideration
3or removal of materials from a library operated by the school
4district. The process shall require all of the following:
5a. Within ten business days after a parent’s or guardian’s
6submission of a request to reconsider or remove materials from
7a library operated by the school district, or on or before a
8later date, if the school district and the parent or guardian
9agree in writing, the school district shall conduct a review
10of the materials described in the request and respond to the
11parent or guardian in writing with notice of the disposition of
12the request for reconsideration or removal.
13b. The parent or guardian may request that the board of
14directors of the school district review the school district’s
15disposition of the request described in paragraph “a”. The
16board of directors of the school district shall act on the
17request to review the school district’s disposition of the
18request described in paragraph “a” at the next regularly
19scheduled meeting of the board of directors of the school
20district but no later than twenty business days after the
21board of directors of the school district receives the request
22to review the disposition, or on or before a later date, if
23the board of directors of the school district and the parent
24or guardian agree in writing. The board of directors of the
25school district shall respond to the parent or guardian’s
26request for review of the school district’s disposition by
27affirming or reversing the school district’s decision.
28c. The parent or guardian may appeal the decision of the
29board of directors of the school district under paragraph “b” to
30the state board of education pursuant to section 290.1.
31d. If a school district or the board of directors of a
32school district fails to act on a parent’s or guardian’s
33request to reconsider or remove materials from a library
34operated by the school district within the timelines provided
35in this section, the parent or guardian may appeal the school
-4-1district’s or the board of directors of a school district’s
2failure to the state board of education. The state board
3of education may direct the school district or the board
4of directors of a school district to perform the review as
5prescribed and take any other actions applicable in case of
6noncompliance with state or federal education laws pursuant to
7section 256.11, subsection 10, paragraph “c”.
8 Sec. 4. FLOWCHART. The department of education shall create
9a flowchart that shows the procedure for a parent or guardian
10of a student enrolled in a school district to request the
11removal of a book that is available to students in a library
12operated by the school district as required by section 279.76,
13as enacted by this division of this Act. The department of
14education shall provide the flowchart to all school districts.
15DIVISION II
16STUDENT FIRST SCHOLARSHIP PROGRAM
17 Sec. 5. Section 256.9, Code 2022, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 65. Adopt rules relating to the
20administration of and applications for the student first
21scholarship program pursuant to section 257.11B, including but
22not limited to application processing timelines and information
23required to be submitted by a parent or guardian.
24 Sec. 6. NEW SECTION. 257.11B Student first scholarship
25program.
261. a. For the school budget year beginning July 1, 2022,
27and each succeeding school budget year, the following resident
28pupils who are attending a nonpublic school, as defined in
29section 285.16, shall be eligible to receive a student first
30scholarship in the manner provided in this section:
31(1) A pupil whose household has an annual income which
32is less than or equal to four hundred percent of the most
33recently revised poverty income guidelines published by the
34United States department of health and human services. The
35total number of student first scholarships the department of
-5-1education approves for pupils pursuant to this subparagraph
2shall not exceed five thousand in a school year. However, if
3the number of student first scholarships received by pupils
4pursuant to subparagraph (2) is less than the number of student
5first scholarships reserved for pupils under subparagraph (2),
6the department of education may approve the difference for
7pupils pursuant to this subparagraph for the same school year.
8(2) A pupil who has an individualized education program.
9The total number of student first scholarships the department
10of education approves for pupils pursuant to this subparagraph
11shall not exceed five thousand in a school year. However, if
12the number of student first scholarships received by pupils
13pursuant to subparagraph (1) is less than the number of student
14first scholarships reserved for pupils under subparagraph (1),
15the department of education may approve the difference for
16pupils pursuant to this subparagraph for the same school year.
17(3) A pupil who received a student first scholarship
18for the immediately preceding school budget year, who is
19eligible to enroll in grade one through grade twelve, who meets
20the requirements of subparagraph (1) or (2) and who is not
21otherwise ineligible under this section.
22b. Student first scholarships shall be made available to
23parents and guardians in the manner authorized under subsection
244, paragraph “c”, for the payment of qualified educational
25expenses as provided in this section.
26c. No more than ten thousand student first scholarships
27shall be made available each school year.
28d. For purposes of this subsection, “resident” means the
29same as defined in section 282.1, subsection 2.
302. a. (1) By January 1 preceding the school year for
31which the student first scholarship is requested, the parent or
32guardian of a pupil enrolled in a school district, eligible to
33enroll in a school district for kindergarten in the next school
34year, or enrolled in a nonpublic school who received a student
35first scholarship in the current school year, may request a
-6-1student first scholarship by submitting an application to the
2department of education, on application forms developed by the
3department of education, indicating that the parent or guardian
4intends to enroll the pupil in a nonpublic school for the
5entirety of the school year.
6(2) In addition to such information deemed appropriate by
7the department of education, the application shall require
8certification from the nonpublic school of the pupil’s
9enrollment for the following school year.
10b. By February 1 preceding the school year for which the
11student first scholarship is requested, the department of
12education shall determine the number of pupils in each school
13district approved to receive a scholarship for the following
14school year and shall notify the parent or guardian of each
15pupil approved for the following school year to receive a
16scholarship and the amount of the scholarship for the pupil.
17The department of education shall approve pupils who received
18a student first scholarship for the immediately preceding
19school budget year who are eligible to enroll in grade one
20through grade twelve, who meet the requirements of subsection
211, paragraph “a”, subparagraph (1) or (2), and who are not
22otherwise ineligible under this section. The department
23of education shall approve the remaining pupils who did
24not receive a student first scholarship for the immediately
25preceding school budget year, subject to the limitation in
26subsection 1, paragraph “c”, on a first-come, first-served
27basis based on the date the parent or guardian submitted
28the application pursuant to subsection 2, paragraph “a”,
29subparagraph (1).
30c. Student first scholarships shall only be approved for
31one school year and applications must be submitted annually for
32student first scholarships in subsequent school years.
333. The department of education shall assign each pupil a
34student first scholarship in an amount equal to the sum of all
35the following for the same school budget year:
-7- 1a. The product of the pupil’s weighted enrollment that
2would otherwise be assigned to the pupil under this chapter if
3the pupil was enrolled in the pupil’s district of residence
4multiplied by the difference between eighty-eight and
5four-tenths percent of the regular program state cost per pupil
6and the statewide average foundation property tax per pupil.
7b. The total teacher salary supplement district cost per
8pupil for the pupil’s district of residence.
9c. The total professional development supplement district
10cost per pupil for the pupil’s district of residence.
11d. The total early intervention supplement district cost per
12pupil for the pupil’s district of residence.
13e. The total area education agency teacher salary supplement
14district cost per pupil for the pupil’s district of residence.
15f. The total area education agency professional development
16supplement district cost per pupil for the pupil’s district of
17residence.
18g. The total teacher leadership supplement district cost per
19pupil for the pupil’s district of residence.
204. A student first scholarship fund is created in the
21state treasury under the control of the department of
22education consisting of moneys appropriated to the department
23of education for the purpose of providing student first
24scholarships under this section. For the fiscal year
25commencing July 1, 2022, and each succeeding fiscal year, there
26is appropriated from the general fund of the state to the
27department of education to be credited to the fund the amount
28necessary to pay all student first scholarships approved for
29that fiscal year. The director of the department of education
30has all powers necessary to carry out and effectuate the
31purposes, objectives, and provisions of this section pertaining
32to the fund, including the power to do all of the following:
33a. Make and enter into contracts necessary for the
34administration of the fund.
35b. Procure insurance against any loss in connection with the
-8-1assets of the fund or require a surety bond.
2c. Contract with a private financial management firm to
3manage the fund, in collaboration with the treasurer of state,
4including providing for the disbursement of student first
5scholarships in the form of an electronic debit card or checks
6that are payable directly from the pupil’s account within the
7fund.
8d. Conduct audits or other reviews necessary to properly
9administer the program.
10e. Adopt rules for the administration of the fund and
11accounts within the fund.
125. a. For each pupil approved for a student first
13scholarship, the department of education shall establish an
14account for that pupil in the student first scholarship fund.
15The amount of the pupil’s student first scholarship shall be
16deposited into the pupil’s account on July 1, and such amount
17shall be immediately available for the payment of qualified
18educational expenses incurred by the parent or guardian for
19the pupil during that fiscal year using the payment method
20authorized under subsection 4, paragraph “c”.
21b. A nonpublic school that accepts payment from a parent
22or guardian using funds from a pupil’s account in the student
23first scholarship fund shall not refund, rebate, or share any
24portion of such payment with the parent, guardian, or pupil.
25c. Moneys remaining in a pupil’s account upon conclusion
26of the fiscal year shall remain in the pupil’s account in the
27student first scholarship fund for the payment of qualified
28educational expenses in future fiscal years during which the
29pupil participates in the program until the pupil becomes
30ineligible under the program or until the remaining amounts are
31transferred to the state general fund under subsection 8.
326. a. For purposes of this section, “qualified educational
33expenses” includes tuition and fees at a nonpublic school,
34textbooks, fees or payments for educational therapies,
35including tutoring or cognitive skills training, curriculum
-9-1fees, software, and materials for a course of study for a
2specific subject matter or grade level, tuition or fees for
3nonpublic online education programs, tuition for vocational and
4life skills education approved by the department of education,
5education materials and services for pupils with disabilities,
6including the cost of paraprofessionals and assistants who are
7trained in accordance with state law, standardized test fees,
8advanced placement examinations or examinations related to
9postsecondary education admission or credentialing, qualified
10education expenses, as defined in section 12D.1, excluding
11room and board expenses, and other expenses incurred by the
12parent or guardian that are directly related to the education
13of the pupil at a nonpublic school, including a nonpublic
14school accredited by an independent accrediting agency approved
15by the department of education. The cost of one computer or
16other portable computing device shall be allowed as a qualified
17educational expense for a pupil if the computer or portable
18computing device is used primarily for the education of the
19pupil and if such a purchase has not been made using funds from
20that pupil’s account in any of the three immediately preceding
21fiscal years.
22b. “Qualified educational expenses” does not include
23transportation costs for the pupil, the cost of food or
24refreshments consumed by the pupil, the cost of clothing for
25the pupil, or the cost of disposable materials, including
26but not limited to paper, notebooks, pencils, pens, and art
27supplies.
287. a. A person who makes a false claim for the purpose
29of obtaining a student first scholarship provided for in this
30section or who knowingly receives the scholarship or makes a
31payment from an account within the student first scholarship
32fund without being legally entitled to do so is guilty of a
33fraudulent practice under chapter 714. The false claim for a
34student first scholarship or a payment from an account shall
35be disallowed. The department of education shall also close
-10-1the pupil’s account in the student first scholarship fund and
2transfer any remaining moneys in the account for deposit in the
3general fund of the state. If the improperly obtained amounts
4from the scholarship have been disbursed from the applicable
5account in the student first scholarship fund, the department
6of education shall recover such amounts from the parent or
7guardian, including by initiating legal proceedings to recover
8such amounts, if necessary. A parent or guardian who commits
9a fraudulent practice under this section is prohibited from
10participating in the student first scholarship program in the
11future.
12b. If, prior to the end of the required attendance
13period of the school year, a pupil who receives a student
14first scholarship withdraws from enrollment in the nonpublic
15school or is expelled, the nonpublic school shall notify the
16department of education in writing of the pupil’s withdrawal
17or expulsion, and the pupil’s parent or guardian shall notify
18the department of education of the pupil’s withdrawal or
19expulsion from the nonpublic school. A pupil’s expulsion
20from the nonpublic school prior to the end of the required
21attendance period for the school year shall invalidate the
22pupil’s eligibility for the student first scholarship for the
23school budget year. A pupil’s withdrawal from a nonpublic
24school prior to the end of the required attendance period of
25the school year shall invalidate the pupil’s eligibility for
26the student first scholarship for the school budget year unless
27the withdrawal is the result of a change in residence of the
28pupil and the pupil, following written notice by the parent
29or guardian and certification by the new nonpublic school to
30the department of education, enrolls in a different nonpublic
31school in this state for the remainder of the school year.
32c. (1) Upon receipt of a notice of expulsion under
33paragraph “b”, the department of education shall close the
34pupil’s account in the student first scholarship fund and
35transfer any remaining moneys in the account for deposit in
-11-1the general fund of the state. In addition, if amounts from
2the scholarship for the school budget year during which the
3pupil is expelled have been disbursed from the expelled pupil’s
4account in the student first scholarship fund, the department
5of education shall recover such amounts from the parent or
6guardian, including by initiating legal proceedings to recover
7such amounts, if necessary.
8(2) Upon receipt of a notice of withdrawal under paragraph
9“b” and a determination that the pupil’s withdrawal was
10not the result of a change in residence, the department of
11education shall cease disbursements of remaining moneys in
12the pupil’s account in the student first scholarship fund,
13close the pupil’s account, and transfer any moneys remaining
14in the pupil’s account for deposit in the general fund of
15the state. In addition, if amounts from the scholarship for
16the school budget year during which the withdrawal occurs
17have been disbursed from the pupil’s account in the student
18first scholarship fund, the department of education shall
19recover such amounts from the parent or guardian to the extent
20the amount disbursed exceeds the amount of the scholarship
21proportionate to the remaining portion of the school year
22following the withdrawal, including by initiating legal
23proceedings to recover such amounts, if necessary.
24(3) Upon receipt of a notice of withdrawal under paragraph
25“b” and a determination that the withdrawal was the result of
26a change in residence but that the pupil did not enroll in
27a different nonpublic school in this state for the remainder
28of the school year, the department of education shall cease
29disbursements of remaining moneys in the pupil’s account in
30the student first scholarship fund, close the pupil’s account,
31and transfer any moneys remaining in the pupil’s account for
32deposit in the general fund of the state.
33(4) If a pupil’s eligibility is invalidated under the
34provisions of paragraph “b”, the pupil shall be ineligible for a
35student first scholarship for the following school budget year
-12-1under subsection 1, paragraph “a”, subparagraphs (2) and (3).
28. Moneys remaining in a pupil’s account when the pupil
3graduates from high school or turns twenty-one years of age,
4whichever occurs first, shall be transferred by the department
5of education for deposit in the general fund of the state.
69. a. A parent may appeal to the state board of education
7any administrative decision the department of education
8makes pursuant to this section, including but not limited
9to determinations of eligibility, allowable expenses, and
10removal from the program. The department shall notify the
11parent or guardian in writing of the appeal process at the same
12time the department notifies the parent or guardian of the
13administrative decision. The state board of education shall
14establish the appeals process consistent with chapter 17A and
15shall post such appeal process information on the state board
16of education’s internet site.
17b. The state board of education shall refer cases of
18substantial misuse of student first scholarship funds to the
19attorney general for the purpose of collection or for the
20purpose of a criminal investigation if the state board of
21education obtains evidence of fraudulent use of an account.
2210. a. This section shall not be construed to authorize
23the state or any political subdivision of the state to exercise
24authority over any nonpublic school or construed to require a
25nonpublic school to modify its academic standards for admission
26or educational program in order to receive payment from a
27parent or guardian using funds from a pupil’s account in the
28student first scholarship fund.
29b. This section shall not be construed to expand the
30authority of the state or any political subdivision of the
31state to impose regulations upon any nonpublic school that are
32not necessary to implement this section.
33c. A nonpublic school that accepts payment from a parent
34or guardian using funds from a pupil’s account in the student
35first scholarship fund is not an agent of this state or of a
-13-1political subdivision of this state.
2d. Rules adopted by the department of education to implement
3this section that impose an undue burden on a nonpublic school
4are invalid.
5e. A nonpublic school that accepts payment from a parent
6or guardian using funds from a pupil’s account in the student
7first scholarship fund shall be given the maximum freedom
8possible to provide for the educational needs of the school’s
9students, consistent with state and federal law.
10 Sec. 7. NEW SECTION. 257.16E Student first enrollment
11supplement fund.
121. A student first enrollment supplement fund is created as
13a separate and distinct fund in the state treasury under the
14control of the department of management. Moneys in the fund
15include revenues credited to the fund, appropriations made to
16the fund, and other moneys deposited into the fund.
172. a. For each fiscal year beginning on or after July 1,
182023, there is appropriated annually from the general fund
19of the state to the department of management for deposit in
20the student first enrollment supplement fund an amount equal
21to the product of the number of student first scholarships
22approved under section 257.11B for the base year multiplied by
23the sum of the statewide average foundation property tax per
24pupil plus the difference between the amount determined under
25section 257.16B, subsection 2, paragraph “c”, subparagraph (2),
26and the amount determined under section 257.16B, subsection 2,
27paragraph “c”, subparagraph (1).
28b. The moneys available in a fiscal year in the student
29first enrollment supplement fund shall be distributed by the
30department of management in equal amounts as student first
31enrollment supplement payments to school districts with a
32budget enrollment of five hundred students or less for the
33budget year.
343. a. Payments to school districts under this section shall
35be paid at the same time and in the same manner as foundation
-14-1aid is paid under section 257.16, and may be included in the
2monthly payment of state aid under section 257.16, subsection
32.
4b. Student first enrollment supplement payments received
5under this section are miscellaneous income and shall be
6deposited in the general fund of the school district. However,
7the payment amount shall not be included in district cost and
8shall not affect the receipt or amount of a budget adjustment
9received under section 257.14.
104. Notwithstanding section 8.33, any moneys remaining in
11the foundation base supplement fund at the end of a fiscal year
12shall not revert to any other fund but shall remain in the
13foundation base supplement fund for use as provided in this
14section for the following fiscal year.
15 Sec. 8. Section 422.7, Code 2022, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 51. Subtract, to the extent included, the
18amount of a student first scholarship under section 257.11B
19received by the taxpayer for payment of qualified educational
20expenses.
21 Sec. 9. STUDENT FIRST SCHOLARSHIP PROGRAM APPLICATIONS FOR
22THE SCHOOL YEAR BEGINNING JULY 1, 2022.
231. Notwithstanding the deadline in section 257.11B,
24subsection 2, paragraph “a”, subparagraph (1), as enacted in
25this division of this Act, by May 1 preceding the school year
26beginning July 1, 2022, the parent or guardian of a pupil who
27is enrolled in a school district or who is eligible to enroll
28in a school district for kindergarten in the next school year,
29and who is requesting a student first scholarship for the
30school year beginning July 1, 2022, may request a student first
31scholarship by submitting an application to the department of
32education, on application forms developed by the department of
33education, indicating that the parent or guardian intends to
34enroll the pupil in a nonpublic school for the entirety of the
35school year beginning July 1, 2022.
-15- 12. Notwithstanding the deadline in section 257.11B,
2subsection 2, paragraph “b”, as enacted in this division of
3this Act, by June 1 preceding the school year beginning July
41, 2022, the department of education shall determine the
5number of pupils in each school district approved to receive
6a scholarship for the following school year and shall notify
7the parent or guardian of each pupil approved for the following
8school year to receive a scholarship and the amount of the
9scholarship for the pupil.
10 Sec. 10. EMERGENCY RULES. The department of education
11may adopt emergency rules under section 17A.4, subsection 3,
12and section 17A.5, subsection 2, paragraph “b”, to implement
13the provisions of the section of this division of this Act
14enacting section 256.9, subsection 65, and section 257.11B, and
15the rules shall be effective immediately upon filing unless
16a later date is specified in the rules. Any rules adopted
17in accordance with this section shall also be published as a
18notice of intended action as provided in section 17A.4.
19 Sec. 11. EFFECTIVE DATE. The following, being deemed of
20immediate importance, take effect upon enactment:
211. The section of this division of this Act enacting section
22256.9, subsection 65.
232. The section of this division of this Act enacting section
24257.11B.
253. The section of this division of this Act establishing
26deadlines for the applications for the student first
27scholarship program for the school year beginning July 1, 2022.
284. The section of this division of this Act authorizing the
29department of education to engage in emergency rulemaking.
30 Sec. 12. APPLICABILITY. The following applies to school
31budget years and fiscal years beginning on or after July 1,
322022:
33The section of this division of this Act enacting section
34257.11B.
35 Sec. 13. APPLICABILITY. The following applies to school
-16-1budget years and fiscal years beginning on or after July 1,
22023:
3The section of this division of this Act enacting section
4257.16E.
5 Sec. 14. RETROACTIVE APPLICABILITY. The following applies
6retroactively to tax years beginning on or after January 1,
72022:
8The section of this division of this Act enacting section
9422.7, subsection 51.
10DIVISION III
11SOCIAL STUDIES INSTRUCTION
12 Sec. 15. Section 256.11, subsection 5, paragraph b, Code
132022, is amended to read as follows:
14b. (1) Five units of the social studies including
15instruction in voting statutes and procedures, voter
16registration requirements, the use of paper ballots and voting
17systems in the election process, and the method of acquiring
18and casting an absentee ballot. All students shall complete a
19minimum of one-half unit of United States government and one
20unit of United States history.
21(2) The one-half unit of United States government shall
22include the all of the following:
23(a) Thevoting procedure as described in this lettered
24paragraph and section 280.9A. The government instruction shall
25also include a
26(b) Astudy of the Constitution of the United States and the
27Bill of Rights contained in the Constitution and an assessment
28of a student’s knowledge of the Constitution and the Bill of
29Rights.
30(c) (i) An assessment of the student’s knowledge of
31United States government and civics that includes the nature,
32purpose, structure, function, and history of the United States
33government, the rights and responsibilities of citizens of
34the United States, and important United States government and
35civic leaders. The most recent version of the civics test
-17-1developed by the United States citizenship and immigration
2services shall be used as the assessment required by this
3subparagraph division. On or before June 30 of each year, each
4school district and nonpublic school shall submit the results
5of the assessment required by this subparagraph division to the
6department.
7(ii) The school district or nonpublic school may modify
8the civics test developed by the United States citizenship and
9immigration services for a student who has an individualized
10education program.
11(iii) A student shall answer at least seventy percent of
12the questions on the civics test developed by the United States
13citizenship and immigration services correctly as a condition
14of graduation. A student who fails to answer at least seventy
15percent of the questions on the civics test correctly may
16retake the civics test as many times as necessary.
17DIVISION IV
18PRIVATE INSTRUCTION — SPECIAL EDUCATION
19 Sec. 16. Section 299A.9, subsection 1, Code 2022, is amended
20to read as follows:
211. A child of compulsory attendance age who is identified
22as requiring special education under chapter 256B is eligible
23for placement under competent private instruction with prior
24approval of the placement by the director of special education
25of the area education agency of the child’s district of
26residence.
27 Sec. 17. Section 299A.9, Code 2022, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 3. The parent, guardian, or legal custodian
30of a child who is identified as requiring special education
31may request dual enrollment pursuant to section 299A.8. The
32appropriate special education services for the child shall be
33determined pursuant to chapter 256B and rules adopted pursuant
34to chapter 256B.
35DIVISION V
-18-1OPEN ENROLLMENT
2 Sec. 18. Section 282.18, subsection 5, Code 2022, is amended
3to read as follows:
45. a. Open enrollment applications filed after March 1
5of the preceding school year that do not qualify for good
6cause as provided in subsection 4 shall be subject to the
7approval of the board of the resident district and the board
8of the receiving district. The parent or guardian shall send
9notification to the district of residence and the receiving
10district that the parent or guardian seeks to enroll the
11parent’s or guardian’s child in the receiving district.
12b. A decision of either board to deny an application filed
13under this subsection involving repeated acts of harassment
14of the student that the resident district cannot adequately
15address, a consistent failure of the resident district to
16reasonably respond to a student’s failure to meet basic
17academic standards after notice provided by a parent or
18guardian, or a serious health condition of the student that
19the resident district cannot adequately address is subject to
20appeal under section 290.1. A decision of either board to
21deny an application filed under this subsection related to the
22sibling or stepsibling of a student described in this paragraph
23is also subject to appeal under section 290.1.
24c. The state board shall adopt by rule the criteria
25for determining a resident district’s consistent failure
26to reasonably respond to a student’s failure to meet basic
27academic standards and shall exercise broad discretion to
28achieve just and equitable results that are in the best
29interest of the affected child or children.
30 Sec. 19. Section 282.18, subsection 11, paragraph a, Code
312022, is amended by adding the following new subparagraph:
32 NEW SUBPARAGRAPH. (08) If the pupil participates in
33open enrollment because the pupil’s sibling or stepsibling
34participates in open enrollment as a result of the sibling
35or stepsibling’s appeal under section 282.18, subsection 5,
-19-1paragraph “b”.
2DIVISION VI
3TEACHER LIBRARIANS
4 Sec. 20. Section 256.11, subsection 9, Code 2022, is amended
5to read as follows:
69. Beginning July 1, 2006, each school district shall have a
7qualified teacher librarian who shall be licensed by the board
8of educational examiners under chapter 272. Such license shall
9not require the completion of a master’s degree. The state
10board shall establish in rule a definition of and standards for
11an articulated sequential kindergarten through grade twelve
12media program. A school district that entered into a contract
13with an individual for employment as a media specialist or
14librarian prior to June 1, 2006, shall be considered to be
15in compliance with this subsection until June 30, 2011, if
16the individual is making annual progress toward meeting the
17requirements for a teacher librarian endorsement issued by the
18board of educational examiners under chapter 272. A school
19district that entered into a contract with an individual for
20employment as a media specialist or librarian who holds at
21least a master’s degree in library and information studies
22shall be considered to be in compliance with this subsection
23until the individual leaves the employ of the school district.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to education, including establishing
28a student first scholarship program and a student first
29enrollment supplement fund, requiring the boards of directors
30of school districts to publish certain specified information,
31and modifying provisions related to required social studies
32instruction, open enrollment, teacher librarian endorsements,
33competent private instruction, and special education.
34DIVISION I — SCHOOL DISTRICT TRANSPARENCY. The bill
35creates new Code section 279.76, which requires the board of
-20-1directors of each school district to publish on the school
2district’s internet site a syllabus or written summary of what
3material will be taught in each class in the school district,
4how each class in the school district meets or exceeds the
5educational standards established pursuant to Code section
6256.11, information related to all educational materials used
7for student instruction in each class in the school district,
8the procedures for the review and approval of all educational
9materials used for student instruction, a list of all books
10available to students in libraries operated by the school
11district, and a flowchart developed by the department of
12education showing the procedures for the parent or guardian
13of a student enrolled in the school district to request the
14removal of a book that is available to students in a library
15operated by the school district. The bill also requires the
16board of directors to update this information periodically and
17notify parents and guardians that the information has been
18updated. The bill provides that the board of directors shall
19maintain this information for at least five years on the school
20district’s internet site.
21The bill provides that state aid payments made pursuant
22to Code section 257.16 for a fiscal year shall be reduced in
23an amount determined by the department of education for each
24day of that fiscal year for which the school district has been
25found to have intentionally violated a provision of new Code
26section 279.76. The bill provides that the department shall
27make the reduction in an amount the department determines
28is in proportion to the actual damages caused by the school
29district’s violation of new Code section 279.76.
30The bill requires the board of directors of a school district
31to adopt protocols for the selection, review, reconsideration,
32and removal of materials from libraries operated by the
33school district. The bill establishes what the protocols
34shall require, which includes a process for the selection,
35reconsideration, and removal of materials from libraries
-21-1operated by the school district, the lawful and ethical use of
2information resources, including plagiarism and intellectual
3property rights, and a process that allows the parent or
4guardian of a student enrolled in the school district to
5request the reconsideration or removal of materials from a
6library operated by the school district.
7DIVISION II — STUDENT FIRST SCHOLARSHIP PROGRAM. Under the
8bill, for the school year beginning July 1, 2022, the following
9pupils who attend a nonpublic school are eligible to receive
10a student first scholarship: (1) a pupil whose household has
11an annual income which is less than or equal to 400 percent
12of the poverty income guidelines; (2) a pupil who has an
13individualized education program; and (3) a pupil who received
14a student first scholarship for the immediately preceding
15school budget year and who is eligible to enroll in grade 1
16through grade 12. The bill limits the number of student first
17scholarships to no more than 10,000 in each school year. By
18January 1 preceding the school year for which the student first
19scholarship is requested, the parent or guardian of a pupil
20enrolled in a school district, eligible to enroll in a school
21district for kindergarten in the next school year, or enrolled
22in a nonpublic school who received a student first scholarship
23in the current school year, may request a student first
24scholarship by submitting an application to the department of
25education indicating that the parent or guardian intends to
26enroll the pupil in a nonpublic school for the entirety of the
27school year.
28The bill requires that by February 1 preceding the school
29year for which the student first scholarship is requested, the
30department of education must notify the parent or guardian of
31each pupil approved for the following school year to receive a
32student first scholarship and the amount of the student first
33scholarship for the pupil, as specified in the bill. Student
34first scholarships must be approved for each school year and
35applications must be submitted each year. The bill specifies
-22-1how the department is to choose which applications to approve.
2The bill creates a student first scholarship fund in
3the state treasury under the control of the department of
4education consisting of moneys appropriated to the department
5of education for the purpose of providing student first
6scholarships. For the fiscal year commencing July 1, 2022, and
7each succeeding fiscal year, the bill appropriates from the
8general fund of the state to the department of education for
9deposit in the fund the amount necessary to pay all student
10first scholarships approved for that fiscal year. For each
11pupil approved for a student first scholarship, the department
12of education must establish an account for that pupil in the
13student first scholarship fund. The amount of the pupil’s
14student first scholarship is deposited into the pupil’s account
15on July 1 and such amount is available for use by parents and
16guardians for the payment of qualified educational expenses, as
17defined in the bill, incurred by the parent or guardian for the
18pupil during that fiscal year.
19The bill authorizes the department of education to contract
20with a private financial management firm to manage the student
21first scholarship fund, in collaboration with the treasurer
22of state, including providing for the disbursement of student
23first scholarships in the form of an electronic debit card
24or checks that are payable directly from the pupil’s account
25within the fund.
26The bill provides that moneys remaining in a pupil’s account
27upon the conclusion of the fiscal year shall remain in the
28pupil’s account in the student first scholarship fund for the
29payment of qualified educational expenses in future fiscal
30years during which the pupil participates in the program until
31the pupil becomes ineligible or until the remaining amounts are
32required to be transferred to the general fund of the state
33under the bill.
34Under the bill, for each pupil with a positive balance
35in the pupil’s account in the student first scholarship fund
-23-1upon graduation from high school or reaching 21 years of age,
2whichever occurs first, the department of education is required
3to transfer such remaining moneys for deposit in the general
4fund of the state.
5The bill establishes procedures for parent or guardian
6appeals to the state board of education and provides that a
7person who makes a false claim for the purpose of obtaining
8a student first scholarship or who knowingly receives the
9scholarship or makes a payment from an account in the student
10first scholarship fund without being legally entitled to do
11so is guilty of a fraudulent practice and is subject to a
12criminal penalty. The bill directs the department of education
13to recover scholarships and amounts improperly awarded or
14paid and requires the closure of the pupil’s account and
15transfer of all remaining moneys to the general fund of the
16state. The bill also establishes requirements and procedures
17for parents or guardians and for the department of education
18when a pupil receiving a student first scholarship withdraws
19or is expelled from the nonpublic school prior to the end of
20the required attendance period of the school year, including
21requirements for disposition of the pupil’s account within the
22student first scholarship fund and recovery of scholarship
23funds. The section of the bill enacting the student first
24scholarship program takes effect upon enactment and applies
25to school budget years and fiscal years beginning on or after
26July 1, 2022. The bill contains provisions extending certain
27application and notification deadlines related to the student
28first scholarship program for the school year beginning July
291, 2022, which take effect upon enactment. The bill also
30authorizes the department of education to adopt emergency rules
31to implement the student first scholarship program.
32The bill provides that a student first scholarship received
33by a taxpayer is not taxable income for purposes of state
34individual income taxation. This provision of the bill applies
35retroactively to tax years beginning on or after January 1,
-24-12022.
2The bill establishes a student first enrollment supplement
3fund under the control of the department of management. For
4each fiscal year beginning on or after July 1, 2023, the bill
5appropriates annually from the general fund of the state to
6the department of management for deposit in the student first
7enrollment supplement fund an amount equal to the product of
8the number of student first scholarships approved for the base
9year multiplied by the sum of the statewide average foundation
10property tax per pupil plus the difference between the amounts
11determined under Code section 257.16B, subsection 2, paragraph
12“c”, subparagraphs (1) and (2), for the calculation of school
13district property tax replacement payments. Moneys available
14in a fiscal year in the student first enrollment supplement
15fund shall be distributed in equal amounts as student first
16enrollment supplement payments to school districts with a
17budget enrollment of 500 students or less for the budget
18year. Student first enrollment supplement payments shall be
19miscellaneous income and shall be deposited in the general fund
20of the school district. However, the payment amount shall not
21be included in district cost and shall not affect the receipt
22or amount of a budget adjustment received under Code section
23257.14. The section of the bill enacting the student first
24enrollment supplement fund applies to school budget years and
25fiscal years beginning on or after July 1, 2023.
26DIVISION III — SOCIAL STUDIES INSTRUCTION. Under current
27law, the educational program established pursuant to Code
28section 256.11 is required to include, in grades 9 through 12,
29five units of social studies, one-half unit of which is to
30consist of instruction in United States government. The bill
31provides that this one-half unit of United States government
32shall include an assessment of the student’s knowledge of
33United States government and civics. The bill provides that
34the most recent version of the civics test developed by the
35United States citizenship and immigration services shall be
-25-1used as the assessment. The bill requires each school district
2and nonpublic school to submit the results of the civics test
3to the department of education by June 30 of each year. The
4bill authorizes a school district or nonpublic school to
5modify the civics test for a student who has an individualized
6education program. The bill provides that a student must
7answer at least 70 percent of the questions correctly on the
8civics test as a condition of graduation. The bill authorizes
9a student who fails to answer at least 70 percent of the
10questions on the civics test correctly to retake the civics
11test.
12DIVISION IV — PRIVATE INSTRUCTION — SPECIAL EDUCATION.
13 The bill provides that a child of compulsory attendance age who
14is identified as requiring special education is eligible for
15placement under competent private instruction without prior
16approval of the placement by the director of special education
17of an area education agency. The bill also provides that a
18child who is identified as requiring special education may
19request dual enrollment and the appropriate special education
20services for the child shall be determined pursuant to Code
21chapter 256B (special education).
22DIVISION V — OPEN ENROLLMENT. Current law provides that
23the decision of the board of a resident school district
24or receiving school district to deny an open enrollment
25application filed after March 1 of the preceding school year
26that involves repeated acts of harassment of the student that
27the resident district cannot adequately address, a consistent
28failure of the resident district to reasonably respond to a
29student’s failure to meet basic academic standards after notice
30provided by a parent or guardian, or a serious health condition
31of the student that the resident district cannot adequately
32address is subject to appeal under Code section 290.1. The
33bill provides that this right of appeal also applies to a
34decision of either board to deny an open enrollment application
35related to the sibling or stepsibling of such a student.
-26-1Additionally, the bill authorizes the sibling or stepsibling of
2such a student, attending a grade in grades 9 through 12, who
3does participate in open enrollment to participate immediately
4in a varsity interscholastic sport.
5DIVISION VI — TEACHER LIBRARIANS. The bill removes the
6requirement that the holder of a teacher librarian endorsement
7have a master’s degree.
-27-jda/jh