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House Study Bill 542 - IntroducedA Bill ForAn Act 1relating to education, including modifying provisions
2related to the number of area education agencies in this
3state, the duties and powers of area education agencies,
4area education agency boards of directors, the department
5of administrative services, the director of the department
6of education, the division of special education within the
7department of education, the services provided by area
8education agencies, area education agency funding, the
9calculation of the teacher salary supplement district cost
10per pupil, and minimum teacher salaries, and including
11transition, effective date, and applicability provisions.
12BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2AREA EDUCATION AGENCIES — GENERAL PROVISIONS
3 Section 1. Section 273.1, Code 2024, is amended to read as
4follows:
5273.1 Intent.
6It is the intent of the general assembly to provide an
7effective, efficient, and economical means of identifying and
8serving children from under five years of age through grade
9twelve who require special education and any other children
10requiring special education as defined in section 256B.2; to
11provide for media services and other programs and services
12for pupils in grades kindergarten through twelve and children
13requiring special education as defined in section 256B.2; to
14provide a method of financing the programs and services; and
15to avoid a duplication of programs and services provided by
16any other school corporation in the state; and to provide
17services to school districts under a contract with those school
18districts; to improve student achievement; and to close student
19achievement gaps.
20 Sec. 2. Section 273.2, Code 2024, is amended to read as
21follows:
22273.2 Area education agencies established — powers —
23services and programs.
241. There are established throughout the state fifteen not
25more than nine area education agencies, as determined by the
26director of the department of education, each of which is
27governed by an area education agency board of directors under
28the general supervision of the director, except as otherwise
29provided in this chapter. Each area education agency shall
30have an area education agency board of directors that shall
31serve in an advisory capacity. The boundaries of an area
32education agency shall not divide a school district. The
33director of the department of education shall change boundaries
34of area education agencies to take into account mergers of
35local school districts and changes in boundaries of local
-1-1school districts, when necessary to maintain the policy of this
2chapter that a local school district shall not be a part of
3more than one area education agency.
42. An area education agency established under this chapter
5is a body politic as a school corporation for the purpose of
6exercising powers granted under this chapter, and may sue and
7be sued. An area education agency may shall not hold real
8 property and execute purchase agreements within two years of a
9disaster as defined in section 29C.2, subsection 4, and shall
10not enter into lease-purchase agreements pursuant to section
11273.3, subsection 7, and if the lease-purchase agreement
12exceeds ten years or the purchase price of the property to be
13acquired pursuant to a purchase or lease-purchase agreement
14exceeds the amount stated in section 26.3, subsection 1, the
15area education agency shall conduct a public hearing on the
16proposed purchase or lease-purchase agreement and receive
17approval from the area education agency board of directors and
18the state board of education or its designee before entering
19into the agreement. The department of administrative services
20is responsible for providing real property and facilities to
21the area education agencies, as determined in consultation
22with the director of the department of education, pursuant to
23a management fee agreement. The area education agencies are
24responsible for the general maintenance and the grounds of the
25real property and facilities provided by the department of
26administrative services.
273. The area education agency board agencies shall furnish
28educational services and programs as provided in section 273.1,
29this section, sections 273.3 through 273.8, and chapter 256B
30to the pupils enrolled in public or nonpublic schools located
31within its boundaries which are on the list of accredited
32schools pursuant to section 256.11. The programs and services
33provided shall be at least commensurate with programs and
34services existing on July 1, 1974. The programs and services
35provided to pupils enrolled in nonpublic schools shall be
-2-1comparable to programs and services provided to pupils enrolled
2in public schools within constitutional guidelines.
34. The area education agency board agencies shall provide
4for special education services and media services for the
5local school districts in the area and shall encourage and
6assist school districts in the area to establish programs for
7gifted and talented children that request to receive such
8services, including by entering into agreements with the area
9education agency. The board shall assist in facilitating
10interlibrary loans of materials between school districts and
11other libraries.
125. The area education agency board agencies may provide for
13the following programs and services to local school districts,
14and at the request of local school districts to providers of
15child development services who have received grants under
16chapter 256A from the child development coordinating council,
17within the limits of funds available:
18a. In-service training programs for employees of school
19districts and area education agencies, provided at the time
20programs and services are established they do not duplicate
21programs and services available in that area from the
22universities under the state board of regents and from other
23universities and four-year institutions of higher education in
24Iowa. The in-service training programs shall include but are
25not limited to regular training concerning mental or emotional
26disorders which may afflict affect children and the impact
27children with such disorders have upon their families.
28b. Educational data processing pursuant to section 256.9,
29subsection 11.
30c. Research, demonstration projects and models, and
31educational planning for children under five years of age
32through grade twelve and children requiring special education
33as defined in section 256B.2 as approved by the state board of
34education.
35d. Auxiliary services for nonpublic school pupils as
-3-1provided in section 256.12. However, if auxiliary services are
2provided their funding shall be based on the type of service
3provided.
4e. Other educational programs and services for children
5under five years through grade twelve and children requiring
6special education as defined in section 256B.2 and for
7employees of school districts and area education agencies as
8approved by the state board of education.
96. The board of directors of an area education agency shall
10not establish programs and services which duplicate programs
11and services which are or may be provided by the community
12colleges under the provisions of chapter 260C. An area
13education agency shall contract, whenever practicable, with
14other school corporations for the use of personnel, buildings,
15facilities, supplies, equipment, programs, and services.
167. The board of an Subject to the approval of the director
17of the department of education, an area education agency or
18a consortium of two or more area education agencies shall
19contract with one or more licensed dietitians for the support
20of nutritional provisions in individual education plans
21developed in accordance with chapter 256B and to provide
22information to support school nutrition coordinators.
238. The area education agency board shall collaborate
24with the department of education to provide a statewide
25infrastructure for educational data to create cost
26efficiencies, provide storage and disaster mitigation, and
27improve interconnectivity between schools and school districts.
28In addition, the area education agency boards shall work
29with the department to provide systemwide coordination in
30the implementation of the statewide longitudinal data system
31consistent with the federal American Recovery and Reinvestment
32Act of 2009. The area education agencies shall provide support
33to school districts’ information technology infrastructure
34that is consistent with the statewide infrastructure for the
35educational data collaborative.
-4- 19. The area education agency boards shall jointly develop a
2three-year statewide strategic plan that supports goals adopted
3by the state board of education pursuant to section 256.7,
4subsection 4, and the accreditation standards established
5pursuant to section 256.11; establish performance goals; and
6clearly identify the statewide efforts to improve student
7learning and create efficiencies in management operations for
8area education agencies and school districts. The statewide
9strategic plan shall be approved by the state board of
10education. The area education agency boards shall jointly
11provide the state board with annual updates on the performance
12measures.
1310. 8. The Subject to the approval of the director
14of the department of education, an area education agency
15board is encouraged to may employ a child welfare liaison to
16provide services and guidance to local school districts to
17facilitate the efficient and effective transfer and enrollment
18of a child adjudicated under chapter 232 or receiving foster
19care services to another school district, including but not
20limited to guidance relating to the transfer of credit earned
21for coursework taken by the student, enrollment transition
22planning, facilitating information sharing between education
23and child welfare agencies, and developing systems designed to
24ameliorate the transition issues faced by a child adjudicated
25under chapter 232 or receiving foster care services who is
26transferring to and enrolling in a school district.
2711. 9. Subject to an appropriation by the general assembly
28for such purpose, the area education agency board agencies
29 shall, by July 1, 2024, dedicate at least one full-time
30equivalent position to maintain a dyslexia specialist. The
31 An area education agency board may hire such a specialist
32or may provide appropriate training to qualify an existing
33employee as a specialist on dyslexia. The specialist shall
34provide technical guidance and assistance, including but
35not limited to professional development, strategies, and
-5-1materials to school districts and accredited nonpublic schools
2relating to identification of and instruction for students with
3characteristics of dyslexia. The specialist shall be highly
4trained in dyslexia and have a minimum of three years of field
5experience in screening, identifying, and treating dyslexia and
6related disorders. In the absence of an appropriation, each
7area education agency board is encouraged to employ a highly
8qualified dyslexia specialist.
910. a. An area education agency may establish a plan, in
10accordance with section 403(b) of the Internal Revenue Code,
11as defined in section 422.3, for employees, which plan shall
12consist of one or more investment contracts, on a group or
13individual basis, acquired from a company, or a salesperson for
14that company, that is authorized to do business in this state.
15b. The selection of investment contracts to be included
16within the plan established by the area education agency shall
17be made either pursuant to a competitive bidding process
18conducted by the area education agency, in coordination with
19employee organizations representing employees eligible to
20participate in the plan, or pursuant to an agreement with
21the department of administrative services to make available
22investment contracts included in a deferred compensation or
23similar plan established by the department of administrative
24services pursuant to section 8A.438, which plan meets the
25requirements of this subsection. The determination of whether
26to select investment contracts for the plan pursuant to a
27competitive bidding process or by agreement with the department
28of administrative services shall be made by agreement between
29the area education agency and the employee organizations
30representing employees eligible to participate in the plan.
31c. The area education agency may make elective deferrals in
32accordance with the plan as authorized by an eligible employee
33for the purpose of making contributions to the investment
34contract on behalf of the employee. The deferrals shall be
35made in the manner which will qualify contributions to the
-6-1investment contract for the benefits under section 403(b)
2of the Internal Revenue Code, as defined in section 422.3.
3In addition, the area education agency may make nonelective
4employer contributions to the plan.
5d. As used in this subsection, unless the context otherwise
6requires, “investment contract” shall mean a custodial account
7utilizing mutual funds or an annuity contract which meets the
8requirements of section 403(b) of the Internal Revenue Code, as
9defined in section 422.3.
1011. An area education agency may establish and pay all
11or any part of the cost of group health insurance plans,
12nonprofit group medical service plans and group life insurance
13plans adopted by the area education agency for the benefit of
14employees of the area education agency, from funds available
15to the board.
1612. An area education agency may issue school credit
17cards allowing area education agency employees to pay for the
18actual and necessary expenses incurred in the performance of
19work-related duties.
2013. An area education agency may purchase equipment as
21provided in section 279.48.
2214. By January 15 of each year, the area education agencies
23shall submit to the department of education the area education
24agency’s staffing plans and job classifications, including
25contracted salary, bonus wages and benefits, annuity payments,
26or any other benefit, for the employees of the area education
27agency. The director of the department of education shall
28review the staffing plans and job classifications submitted by
29the area education agencies and either approve or reject the
30continuation of each position by March 1 of each year. The
31area education agencies shall align all job classifications
32with the job classifications established by the department of
33administrative services. The area education agencies shall
34comply with all applicable requirements of 29 U.S.C.ch.23 and
35chapter 84C if a reduction in force occurs.
-7- 115. The area education agencies shall require that, by
2July 1, 2024, any person employed by the area education agency
3who holds a license, certificate, statement of recognition,
4or authorization other than a coaching authorization, issued
5by the board of educational examiners to complete the Iowa
6reading research center dyslexia overview module. Such persons
7employed after July 1, 2024, shall complete the module within
8one year of the employee’s initial date of hire.
916. The area education agency shall collaborate with the
10department of education to provide a statewide infrastructure
11for educational data to create cost efficiencies, provide
12storage and disaster mitigation, and improve interconnectivity
13between schools and school districts. In addition, the area
14education agency shall work with the department to provide
15systemwide coordination in the implementation of the statewide
16longitudinal data system consistent with the federal American
17Recovery and Reinvestment Act of 2009.
18 Sec. 3. Section 273.3, Code 2024, is amended to read as
19follows:
20273.3 Duties and powers of area education agency board —
21 additional powers of area education agencies.
22The board in carrying out the provisions of section 273.2
23 shall do all of the following:
241. Determine the policies of Advise and consult with the
25area education agency on policies and procedures for providing
26programs and services.
272. Be authorized to receive and expend money for providing
28programs and services as provided in sections 273.1, 273.2,
29this section, sections 273.4 through 273.8, and chapters 256B
30 and 257. All costs incurred in providing the programs and
31services, including administrative costs, shall be paid from
32funds received pursuant to sections 273.1, 273.2, this section,
33sections 273.4 through 273.8, and chapters 256B and 257.
343. 2. Provide data and prepare reports as directed by
35the director of the department of education or the executive
-8-1director of the area education agency.
24. Provide for advisory committees as deemed necessary.
35. 3. Be authorized, subject to rules of the state board of
4education, to provide directly or by contractual arrangement
5with public or private agencies for special education programs
6and services, media services, and educational programs and
7services requested by the local boards of education as provided
8in this chapter, including but not limited to contracts for
9the area education agency to provide programs or services to
10the local school districts and contracts for local school
11districts, other educational agencies, and public and private
12agencies to provide programs and services to the local school
13districts in the area education agency in lieu of the area
14education agency providing the services. Contracts may be made
15with public or private agencies located outside the state if
16the programs and services comply with the rules of the state
17board. Rules adopted by the state board of education shall
18be consistent with rules, adopted by the board of educational
19examiners, relating to licensing of practitioners.
206. 4. Area education agencies may Be authorized to
21 cooperate and contract between themselves and with other
22public agencies to provide special education programs and
23services, media services, and educational services to schools
24and children residing within their respective areas. Area
25education agencies may provide print and nonprint materials to
26public and private colleges and universities that have teacher
27education programs approved by the state board of education.
287. Be authorized to lease, purchase, or lease-purchase,
29subject to the approval of the state board of education or
30its designee and to receive by gift and operate and maintain
31facilities and buildings necessary to provide authorized
32programs and services. However, a lease for less than ten
33years and with an annual cost of less than the amount stated in
34section 26.3, subsection 1, does not require the approval of
35the state board. The state board shall not approve a lease,
-9-1purchase, or lease-purchase until the state board is satisfied
2by investigation that public school corporations within the
3area do not have suitable facilities available. A purchase of
4property that is not a lease-purchase may be made only within
5two years of a disaster as defined in section 29C.2, subsection
64, and subject to the requirements of this subsection.
78. 5. Be authorized, subject to the approval of the
8director of the department of education, to enter into
9agreements for the joint use of personnel, buildings,
10facilities, supplies, and equipment with school corporations as
11deemed necessary to provide authorized programs and services.
129. 6. Be authorized to make application for, accept,
13and expend state and federal funds that are available for
14programs of educational benefit approved by the director of the
15department of education, and cooperate with the department in
16the manner provided in federal-state plans or department rules
17in the effectuation and administration of programs approved by
18the director, or approved by other educational agencies, which
19agencies have been approved as state educational authorities.
2010. 7. Be authorized to perform all other acts necessary to
21carry out the provisions and intent of this chapter.
2211. 8. Employ personnel to carry out the functions of the
23area education agency which shall include the employment of
24an administrator executive director who shall possess a an
25administrator license and either a teaching license with a
26special education endorsement or a special education support
27personnel authorization, issued under chapter 256, subchapter
28VII, part 3 by the board of educational examiners. The
29administrator shall be employed pursuant to section 279.20
30 and sections 279.23, 279.24, and 279.25. The salary for an
31area education agency administrator executive director shall
32be established by the board director of the department of
33education based upon the previous experience and education
34of the administrator. Section 279.13 applies to the area
35education agency board and to all teachers employed by the area
-10-1education agency. Sections 279.23, 279.24, and 279.25 apply to
2the area education board and to all administrators employed by
3the area education agency. Section 279.69 applies to the area
4education agency board and employees of the board, including
5part-time, substitute, or contract employees, who provide
6services to a school or school district.
712. 9. Prepare an annual budget estimating income and
8expenditures for programs and services as provided in sections
9273.1, 273.2, this section, sections 273.4 through 273.8, and
10chapter 256B within the limits of funds provided under section
11256B.9 and chapter 257. The board executive director shall
12post notice of a public hearing on submit the proposed budget
13on the area education agency’s internet site and by publication
14in the newspaper of general circulation in the territory of
15the area education agency in which the principal place of
16business of a school district that is a part of the area
17education agency is located to the director of the department
18of education for approval not later than March 1 of each year.
19The notice shall specify the date, which shall be not later
20than March 1 of each year, the time, and the location of the
21public hearing. The proposed budget as approved by the board
22 director of the department of education shall then be submitted
23to the state board of education, on forms provided by the
24department, no later than March 15 preceding the next fiscal
25year for approval. The state board shall review the proposed
26budget of each area education agency and shall before May 1,
27either grant approval or return the budget without approval
28with comments of the state board included. An unapproved
29budget shall be resubmitted to the state board for final
30approval not later than May 15. The state board shall give
31final approval only to budgets submitted by area education
32agencies accredited by the state board or that have been given
33conditional accreditation by the state board.
3413. 10. Be authorized to pay, out of funds available to the
35board reasonable annual dues to an Iowa association of school
-11-1boards. Membership shall be limited to those duly elected
2members of the area education agency board.
314. a. The board may establish a plan, in accordance with
4section 403(b) of the Internal Revenue Code, as defined in
5section 422.3, for employees, which plan shall consist of one
6or more investment contracts, on a group or individual basis,
7acquired from a company, or a salesperson for that company,
8that is authorized to do business in this state.
9b. The selection of investment contracts to be included
10within the plan established by the board shall be made either
11pursuant to a competitive bidding process conducted by the
12board, in coordination with employee organizations representing
13employees eligible to participate in the plan, or pursuant to
14an agreement with the department of administrative services
15to make available investment contracts included in a deferred
16compensation or similar plan established by the department
17pursuant to section 8A.438, which plan meets the requirements
18of this subsection. The determination of whether to select
19investment contracts for the plan pursuant to a competitive
20bidding process or by agreement with the department of
21administrative services shall be made by agreement between the
22board and the employee organizations representing employees
23eligible to participate in the plan.
24c. The board may make elective deferrals in accordance with
25the plan as authorized by an eligible employee for the purpose
26of making contributions to the investment contract on behalf of
27the employee. The deferrals shall be made in the manner which
28will qualify contributions to the investment contract for the
29benefits under section 403(b) of the Internal Revenue Code,
30as defined in section 422.3. In addition, the board may make
31nonelective employer contributions to the plan.
32d. As used in this subsection, unless the context otherwise
33requires, “investment contract” shall mean a custodial account
34utilizing mutual funds or an annuity contract which meets the
35requirements of section 403(b) of the Internal Revenue Code, as
-12-1defined in section 422.3.
215. Be authorized to establish and pay all or any part
3of the cost of group health insurance plans, nonprofit group
4medical service plans and group life insurance plans adopted by
5the board for the benefit of employees of the area education
6agency, from funds available to the board.
716. 11. Meet at least annually with the members of the
8boards of directors of the merged areas in which the area
9education agency is located to discuss coordination of programs
10and services and other matters of mutual interest to the
11boards.
1217. Be authorized to issue warrants and anticipatory
13warrants pursuant to chapter 74. The applicable rate of
14interest shall be determined pursuant to sections 74A.2, 74A.3,
15and 74A.7. This subsection shall not be construed to authorize
16a board to levy a tax.
1718. Be authorized to issue school credit cards allowing area
18education agency employees to pay for the actual and necessary
19expenses incurred in the performance of work-related duties.
2019. Pursuant to rules adopted by the state board of
21education, be authorized to charge user fees for certain
22materials and services that are not required by law or by rules
23of the state board of education and are specifically requested
24by a school district or accredited nonpublic school.
2520. Be authorized to purchase equipment as provided in
26section 279.48.
2721. Be authorized to sell, lease, or dispose of, in whole
28or in part, property belonging to the area education agency.
29Before the area education agency may sell property belonging
30to the agency, the board of directors shall comply with the
31requirements set forth in section 297.22. Before the board
32of directors of an area education agency may lease property
33belonging to the agency, the board shall obtain the approval of
34the director of the department of education.
3522. 12. Meet annually with the members of the boards of
-13-1directors of the school districts located within its boundaries
2if requested by the school district boards.
323. By October 1 of each year, submit to the department of
4education the following information:
5a. The contracted salary including bonus wages and benefits,
6annuity payments, or any other benefit for the administrators
7of the area education agency.
8b. The contracted salary and benefits and any other expenses
9related to support for governmental affairs efforts, including
10expenditures for lobbyists and lobbying activities for the area
11education agency.
1224. Be authorized to sell software and support services,
13professional development programs and materials, online
14professional development, and online training to entities
15other than school districts within the state and to school
16districts and other public agencies located outside of the
17state. The board may also sell to school districts within this
18state software and support services, professional development
19programs and materials, online professional development,
20and online training which the area education agency is not
21otherwise required to provide to a school district under this
22chapter or chapter 256B or 257.
2325. Require, by July 1, 2024, any person employed by
24the area education agency who holds a license, certificate,
25statement of recognition, or authorization other than a
26coaching authorization, issued by the board of educational
27examiners under chapter 256, subchapter VII, part 3, to
28complete the Iowa reading research center dyslexia overview
29module. Such persons employed after July 1, 2024, shall
30complete the module within one year of the employee’s initial
31date of hire.
32 Sec. 4. Section 273.4, Code 2024, is amended to read as
33follows:
34273.4 Duties of administrator executive director.
35Under direction of the board of directors of the area
-14-1education agency, the administrator of the area education
2agency shall director of the department of education, each
3area education agency shall employ one executive director.
4The executive director shall be appointed by and serve at the
5pleasure of the director of the department of education. The
6executive director shall be responsible for the administration,
7financial operations, and management of the area education
8agency, and in addition to other duties, shall do all of the
9following:
101. Cooperate with boards of directors of local school
11districts of the area education agency in considering and
12developing plans for the improvement of the educational
13programs and services in the area education agency.
142. When requested, provide such other assistance as
15possible to school districts of the area education agency for
16the general improvement of their educational programs and
17operations.
183. Submit program plans each year to the department of
19education, for approval by the director of the department,
20to reflect the needs of the area education agency for media
21services as provided in section 273.6.
224. When requested, provide information and prepare reports
23for the director of the department of education.
245. With the approval of the director of the department of
25education, employ such personnel as are necessary to support
26the administrative, general education, and special education
27programs and services of the area education agency.
286. With the approval of the administrator of the division of
29special education within the department of education, contract
30with public schools, nonpublic schools, and area education
31agencies, located either within this state or in a contiguous
32state, for special education programs and services.
33 Sec. 5. Section 273.5, Code 2024, is amended to read as
34follows:
35273.5 Special Additional duties of the executive director —
-15-1 special education.
2There shall be established a division of special education
3of the area education agency which The executive director
4of each area education agency shall provide for special
5education programs and services to the local school districts,
6consistent with state regulations and guidelines related to
7special education programs and services. The division of
8special education shall be headed by a director of special
9education who meets certification standards of the department
10of education. The director of special education shall have
11the responsibility for implementation of state regulations and
12guidelines relating to special education programs and services.
13 The executive director of special education shall have the
14following additional powers and duties:
151. Properly identify children requiring special education.
162. Insure that each child requiring special education in
17the area receives an appropriate special education program or
18service.
193. Assign appropriate weights for each child requiring
20special education programs or services as provided in section
21256B.9.
224. Supervise special education support personnel.
235. Provide each school district within the area served and
24the department of education with a special education weighted
25enrollment count, including the additional enrollment because
26of special education for December 1 of each year.
276. Submit to the department of education special education
28instructional and support program plans and applications,
29subject to criteria listed in chapter 256B and this chapter,
30for approval by February 15 of each year for the school year
31commencing the following July 1.
327. Coordinate the special education program within the area
33served.
34 Sec. 6. Section 273.7A, Code 2024, is amended to read as
35follows:
-16- 1273.7A Services Special education services to school
2districts.
31. a. The board of an An area education agency may only
4 provide special education services to school districts located
5in the area education agency under if the school district
6requests to receive such services and pursuant to a contract
7with between the school districts district and the area
8education agency. These services may include, but are not
9limited to, superintendency services, personnel services,
10business management services, specialized maintenance services,
11and transportation services. In addition, the board of the
12area education agency may provide for furnishing expensive
13and specialized equipment for school districts. The term
14of the contract between the school district and the area
15education agency related to the provision of special education
16services shall not be less than two years. A school district
17must provide notice to the area education agency and to the
18department of education indicating that the school district
19requests to receive special education services from the area
20education agency not later than September 30 of the school year
21preceding the school year such services will be provided.
22b. School districts shall pay to area education agencies the
23cost of providing the services.
242. The board of an An area education agency may also provide
25services authorized to be performed by area education agencies
26 the director of the department of education to other area
27education agencies in this state and to provide a method of
28payment for these services.
29 Sec. 7. Section 273.8, subsection 2, paragraph a, Code 2024,
30is amended to read as follows:
31a. Notice of the election shall be published by the
32executive director of the area education agency administrator
33 not later than September 15 of the odd-numbered year in at
34least one newspaper of general circulation in the director
35district. The cost of publication shall be paid by the area
-17-1education agency.
2 Sec. 8. Section 273.8, subsection 3, Code 2024, is amended
3to read as follows:
43. Director district convention. If no candidate files
5with the area education agency secretary by the deadline
6specified in subsection 2, or a vacancy occurs, or if otherwise
7required as provided in section 273.23, subsection 3, a
8director district convention, attended by members of the
9boards of directors of the local school districts located
10within the director district, shall be called to elect a
11board member for that director district. The convention
12location shall be determined by the executive director of the
13 area education agency administrator. Notice of the time,
14date, and place of a director district convention shall be
15published by the executive director of the area education
16agency administrator in at least one newspaper of general
17circulation in the director district at least thirty days
18prior to the day of the convention. The cost of publication
19shall be paid by the area education agency. A candidate
20for election to the area education agency board shall file a
21statement of candidacy with the area education agency secretary
22at least ten days prior to the date of the director district
23convention on forms prescribed by the department of education,
24or nominations may be made at the convention by a delegate from
25a board of directors of a school district located within the
26director district. A statement of candidacy shall include the
27candidate’s name, address, and school district. Delegates to
28director district conventions shall not be bound by a school
29board or any school board member to pledge their votes to any
30candidate prior to the date of the convention.
31 Sec. 9. Section 273.8, subsections 6, 7, and 8, Code 2024,
32are amended by striking the subsections.
33 Sec. 10. Section 273.9, Code 2024, is amended to read as
34follows:
35273.9 Funding.
-18- 11. School districts shall pay for the programs and services
2provided through the area education agency when the school
3district requests to receive the programs or services or
4otherwise agrees to receive the programs or services and shall
5include expenditures for the programs and services in their
6budgets, in accordance with this section.
72. School When school districts agree to receive special
8education instructional programs from an area education
9agency, school districts shall pay the costs of special
10education instructional programs with the moneys available to
11the districts for each child requiring special education, by
12application of the special education weighting plan in section
13256B.9. Special education instructional programs shall be
14provided at the local level if practicable, or otherwise by
15contractual arrangements with the area education agency board
16 as provided in section 273.3, subsection 5 3, but in each case
17the total money available through section 256B.9 and chapter
18257 because of weighted enrollment for each child requiring
19special education instruction shall be made available to
20the district or agency which provides the special education
21instructional program to the child, subject to adjustments
22for transportation or other costs which may be paid by the
23school district in which the child is enrolled. Each district
24shall cooperate with its area education agency to provide
25an appropriate special education instructional program for
26each child who requires special education instruction, as
27identified and counted within the certification by the area
28director of special education or as identified by the area
29 executive director of special education the area education
30agency subsequent to the certification, and shall not provide
31a special education instructional program to a child who has
32not been so identified and counted within the certification or
33identified subsequent to the certification.
343. The costs of special education support services provided
35through the area education agency shall be funded as provided
-19-1in chapter 257. Special education support services shall not
2be funded until the program plans submitted by the special
3education executive directors of each area education agency
4as required by section 273.5 are modified as necessary and
5approved by the director of the department of education
6according to the criteria and limitations of chapters 256B and
7257.
84. The costs of media services provided through the area
9education agency shall not be funded until the program plans
10submitted by the administrators of each area education agency
11as required by section 273.4 are modified as necessary and
12approved by the director of the department of education
13according to the criteria of section 273.6.
145. 4. The state board of education shall adopt rules under
15chapter 17A relating to the approval of program plans under
16this section.
17 Sec. 11. Section 273.10, subsection 6, paragraph a,
18unnumbered paragraph 1, Code 2024, is amended to read as
19follows:
20If the deficiencies in an area education program have not
21been corrected, the agency board director of the department of
22education shall take one of the following actions within sixty
23days from removal of accreditation:
24 Sec. 12. Section 273.10, subsection 6, paragraph b, Code
252024, is amended to read as follows:
26b. The rules developed by the state board of education for
27the accreditation process shall include provisions for removal
28of accreditation, including provisions for proper notice to the
29administrator executive director of the area education agency,
30each member of the board of directors of the area education
31agency, the department of education, and the superintendents
32and administrators of the schools of the districts served by
33the area education agency.
34 Sec. 13. Section 273.11, Code 2024, is amended to read as
35follows:
-20- 1273.11 Standards for accrediting area education programs.
21. The state board of education, in consultation with the
3department of education, shall develop standards and rules
4for the accreditation of area education agencies. Standards
5shall be general in nature, but at a minimum shall identify
6requirements addressing the services provided by each division,
7as well as identifying indicators of quality that will permit
8area education agencies, school districts, the department of
9education, and the general public to judge accurately the
10effectiveness of area education agency services.
112. Standards developed shall include, but are not limited
12to, the following:
13a. Support for school-community planning, including a means
14of assessing needs, developing collaborative relationships
15among community agencies, establishing shared direction, and
16implementing program plans and reporting progress toward goals
17for students with disabilities.
18b. Professional development programs that respond to current
19needs.
20c. b. Support for curriculum development, instruction,
21and assessment for services that address the areas of reading,
22language arts, math, and science, using research-based
23methodologies for students with disabilities.
24d. Special education compliance and support.
25e. Management services, including financial reporting and
26purchasing as requested and funded by local districts.
27f. Support for instructional media services that supplement
28and support local district media centers and services.
29c. Support for schools and school districts in analyzing
30student achievement data related to the learning environment,
31comparing data to the external knowledge base, and using that
32information to guide schools and school districts in setting
33goals and implementing actions to improve student learning for
34students with disabilities.
35d. Support for addressing the diverse learning needs of
-21-1all children and youths with disabilities who are eligible for
2special education, including through services that include
3direct services to students with disabilities.
4e. Support for schools and school districts to ensure
5compliance rules adopted by the state board of education
6related to special education.
7g. f. Support for necessary to implement effective
8instruction for all students with disabilities through school
9technology planning and staff development for implementing
10instructional technologies services.
11h. g. A program and services evaluation and reporting
12system related to special education.
13i. Support for school district libraries in accordance with
14section 273.2, subsection 4.
15j. h. Support for early childhood service coordination
16for families and children, age birth through three years, to
17meet health, safety, and learning needs, including service
18coordination.
19 Sec. 14. Section 273.13, Code 2024, is amended to read as
20follows:
21273.13 Administrative expenditures.
22 The administrative expenditures as a percent of an area
23education agency’s general fund for a base year shall not
24exceed five percent. Annually, the board of directors
25 executive director of each area education agency shall
26certify to the department of education the amounts of the area
27education agency’s expenditures and its general fund. For the
28purposes of this section, “base year” means the same as defined
29in section 257.2, and “administrative expenditures” means
30expenditures for executive administration.
31 Sec. 15. Section 273.14, Code 2024, is amended to read as
32follows:
33273.14 Emergency repairs.
34When emergency repairs costing more than the competitive
35bid threshold in section 26.3, or the adjusted competitive
-22-1bid threshold established in section 314.1B, subsection 2,
2are necessary in order to ensure the use of an area education
3agency facility, the provisions of law with reference to
4advertising for bids shall not apply within two years of a
5disaster as defined in section 29C.2, subsection 2, and the
6area education agency board department of administrative
7services may contract for such emergency repairs without
8advertising for bids. However, before such emergency repairs
9can be made to an area education agency facility, the state
10board of education or its designee must certify that such
11emergency repairs are necessary to ensure the use of the area
12education agency facility.
13 Sec. 16. Section 273.15, subsection 1, Code 2024, is amended
14to read as follows:
151. The board of directors of each area education agency
16shall appoint an advisory group to make recommendations on
17policy, programs, and services to the board area education
18agency. The advisory group shall provide input, feedback,
19and recommendations to the board regarding projected future
20needs, and shall provide a review and response to any
21state-directed study or task force report on area education
22agency efficiencies or reorganization.
23 Sec. 17. Section 273.15, subsection 5, Code 2024, is amended
24to read as follows:
255. The advisory group shall meet at least twice annually and
26shall submit its recommendations in a report to the board of
27directors executive director of the area education agency at
28least once annually. The report shall be timely submitted to
29allow for consideration of the recommendations prior to program
30planning and budgeting for the following fiscal year.
31 Sec. 18. REPEAL. Sections 273.6, 273.7, and 273.16, Code
322024, are repealed.
33 Sec. 19. TRANSITION PROVISIONS.
341. An area education agency shall not transfer any ownership
35interest existing as of January 1, 2024, that the area
-23-1education agency has in real property or facilities until such
2interests are transferred to the department of administrative
3services pursuant to subsection 2.
42. a. On or before July 1, 2024, all ownership interests
5that area education agencies have in real property and
6facilities attached to real property shall be transferred to
7the department of administrative services. Prior to July
81, 2024, the area education agencies and the area education
9agency boards of directors shall collaborate with the director
10of the department of administrative services to arrange for
11the orderly conveyance of all ownership interests in real
12property from the area education agencies to the department
13of administrative services. The department of administrative
14services shall be responsible for all costs associated with
15the conveyance of real property pursuant to this paragraph and
16shall assume all encumbrances attached to such real property.
17b. Notwithstanding any other provision of law to the
18contrary, the department of administrative services shall have
19the authority to dispose of all interests in real property
20conveyed to the department pursuant to paragraph “a”. Moneys
21generated by the sale of such interests in real property shall
22be deposited in the general fund of the state.
233. Prior to July 1, 2024, all interests that area education
24agencies have in real property lease agreements shall be
25transferred to the department of administrative services.
264. a. On or before May 30, 2024, each area education
27agency shall submit to the department of education an inventory
28detailing all media center and professional development
29equipment and property owned by the area education agency. If
30the area education agency would like to retain any particular
31items of media center or professional development equipment or
32property to support its special education program and services,
33the area education agency shall include a request to retain
34such equipment or property in the inventory.
35b. On or before June 14, 2024, the department of education
-24-1shall review all inventories and requests submitted pursuant to
2paragraph “a” and shall provide notice to each area education
3agency, as applicable, indicating whether the department
4approves or denies the area education agency’s request to
5retain media center or professional development equipment or
6property.
7c. On or before July 1, 2024, all of the following media
8center and professional development equipment and property
9shall be transferred from the area education agency to the
10department of administrative services:
11(1) Media center and professional development equipment
12and property that the area education agency did not request to
13retain.
14(2) Media center and professional development equipment and
15property that the area education agency requested to retain,
16but that the department denied.
17d. (1) The department of administrative services shall
18transfer to the department for the blind all media center and
19professional development equipment and property transferred to
20the department pursuant to paragraph “c” that can be utilized
21by the commission for the blind to provide library services to
22persons who are blind and persons with disabilities.
23(2) The department of administrative services may dispose
24of media center and professional development equipment and
25property transferred to the department pursuant to paragraph
26“c”, with preference being given to lower-performing public
27schools in this state. Moneys generated from the sale of media
28center or professional development equipment or property shall
29be deposited in the general fund of the state.
305. On July 1, 2024, the employment of all area education
31agency administrators employed pursuant to section 273.3,
32subsection 11, as amended in this division of this Act, is
33terminated, unless terminated earlier by the director of
34the department of education who, notwithstanding any other
35provision of law to the contrary, is authorized to terminate
-25-1the employment of such area education agency administrators.
2The changes to chapter 273 constitute just cause for discharge
3of the area education administrators under section 279.25,
4and the provisions of section 279.24 shall not apply to the
5discharge of the area education administrators. The director
6of the department of education shall appoint an executive
7director for each area education agency pursuant to section
8273.4, as amended in this division of this Act. The director,
9or the director’s designee, may exercise the authority of an
10executive director until such appointment is made.
116. Notwithstanding the January 15 and March 1 deadlines
12in section 273.2, subsection 14, as enacted by this division
13of this Act, for the fiscal year beginning July 1, 2024, and
14ending June 30, 2025, the area education agencies shall submit
15the information required under section 273.2, subsection 14,
16as enacted by this division of this Act, to the department
17of education on or before June 7, 2024, and the department
18of education shall review and either approve or reject the
19continuation of each position by June 30, 2024.
207. In employing oversight personnel, the division of
21special education within the department of education shall give
22preference to qualified personnel who seek employment with the
23division of special education because their employment with an
24area education agency terminated as a result of this division
25of this Act. Any former employee of an area education agency
26whose employment with an area education agency terminated as
27a result of this division of this Act and who is employed by
28the division of special education no later than August 1, 2024,
29shall not experience a break in service credit for their Iowa
30public employees’ retirement system benefits and shall not
31incur any loss in sick leave or vacation time.
328. Notwithstanding the September 30 deadline in section
33273.7A, as amended by this division of this Act, for the school
34year beginning July 1, 2024, school districts must provide
35notice to the area education agency and to the department of
-26-1education indicating that the school district requests to
2receive special education services from the area education
3agency not later than April 30, 2024.
4 Sec. 20. EFFECTIVE DATE. This division of this Act, being
5deemed of immediate importance, takes effect upon enactment.
6DIVISION II
7AREA EDUCATION AGENCIES — REORGANIZATION OR DISSOLUTION
8 Sec. 21. Section 273.20, Code 2024, is amended to read as
9follows:
10273.20 Definitions.
11When used in this subchapter, unless the context otherwise
12requires:
131. “Affected area education agency” or “affected agency”
14means an any of the following:
15a. Anarea education agency whose board of directors
16is executive directors are contemplating or engaged in
17reorganization efforts in accordance with this subchapter.
18b. An area education agency that the director of the
19department determines should be reorganized or dissolved in
20accordance with this subchapter.
212. “Affected board” means the board of directors of an
22area education agency that is contemplating or engaged in
23reorganization efforts in accordance with this subchapter.
243. 2. “Department” means the department of education.
254. 3. “State board” means the state board of education.
26 Sec. 22. Section 273.21, Code 2024, is amended to read as
27follows:
28273.21 Voluntary reorganization Reorganization and
29dissolution.
301. a. Two or more area education agencies may voluntarily
31reorganize under this subchapter if the area education
32agencies are contiguous, a majority of the members of each
33of the affected boards approve the reorganization, and the
34 pursuant to a reorganization plan submitted to the state board
35pursuant to subsection 3 is approved by the state board that
-27-1is prepared jointly by the executive directors of the affected
2area education agencies and submitted to the director of the
3department pursuant to subsection 2.
4b. Notwithstanding paragraph “a”, the director of the
5department may reorganize two or more area education agencies
6under this subchapter. If the director of the department
7determines two or more area education agencies should be
8reorganized, the director shall direct the executive directors
9of the affected area education agencies to jointly prepare
10and submit a reorganization plan to the director pursuant to
11subsection 2.
12c. The director of the department may dissolve an area
13education agency under this subchapter.
142. If twenty percent or more of the school districts within
15an affected area education agency file a petition by December
161 with the affected area education agency board to consider
17reorganization, the affected board shall consider the request
18and vote on the petition. If a majority of the affected board
19members vote to study the reorganization of the affected area
20education agency, the affected board shall immediately begin
21the study to consider reorganization effective by July 1 of the
22next year.
233. 2. The executive directors of the affected boards
24contemplating a voluntary reorganization area education
25agencies shall do the following:
26a. Develop detailed studies of the facilities, property,
27services, staffing necessities, equipment, programs, and other
28capabilities available in each of the affected area education
29agencies for the purpose of providing for the reorganization of
30the area education agencies in order to effect more economical
31operation and the attainment of higher standards of educational
32services for the schools.
33b. Survey the school districts within the affected area
34education agencies to determine the districts’ current and
35future programs and services, professional development, and
-28-1technology needs.
2c. Consult with the officials of school districts within the
3affected area and other citizens and periodically hold public
4hearings during the development of a plan for reorganization,
5as well as a public hearing on the final plan to be submitted to
6the director of the department.
7d. Consult with the director of the department of education
8 in the development of surveys and plans. The director of the
9department of education shall provide assistance and advice
10to the affected area education agency boards agencies as
11requested.
12e. Develop a reorganization plan that demonstrates improved
13efficiency and effectiveness of programs to meet accreditation
14standards, includes a preliminary budget for reorganized areas,
15documents public comment from the public hearings held pursuant
16to paragraph “c”, and provides for a board of directors, and
17the number of members that the board shall consist of, in
18accordance with section 273.8.
19f. Set forth the assets and liabilities of the affected
20area education agencies, which shall become the responsibility
21of the board of directors of the newly formed area education
22agency on the effective date of the reorganization.
23g. Transmit the completed plan to the state board director
24of the department by July August 15. Plans received by
25the state board after July 15 shall be considered for area
26education agency reorganization taking effect no sooner than
27July 1 after the next succeeding fiscal year.
284. 3. The state board director of the department shall
29review the reorganization plan and shall, prior to September
3030, either approve the plan as submitted, approve the plan
31contingent upon compliance with the state board’s director’s
32 recommendations, or disapprove the plan. A contingently
33approved plan shall be resubmitted with modifications to the
34director of the department not later than October 30. An
35approved plan shall take effect on July 1 of the fiscal year
-29-1following the date of approval by the state board director of
2the department.
3 Sec. 23. Section 273.22, Code 2024, is amended to read as
4follows:
5273.22 Contracts of new area education agency.
61. The terms of employment of the administrator executive
7director and staff of affected area education agencies for the
8school year beginning with the effective date of the formation
9of the new area education agency shall not may be affected
10by the formation of the new area education agency, except in
11accordance with the provisions of sections 279.15 through
12279.18, and 279.24, and the authority and responsibility to
13offer new contracts or to continue, modify, or terminate
14existing contracts pursuant to sections 279.12, 279.13, and
15 279.15 through 279.21, 279.23, and 279.24 for the school
16year beginning with the effective date of the reorganization
17shall be transferred from the boards of the existing area
18education agencies to the board of the new area education
19agency following approval of the reorganization plan by the
20state board director of the department as provided in section
21273.21, subsection 4 3.
222. a. The collective bargaining agreement of the area
23education agency with the largest basic enrollment, as
24defined in section 257.6, for the year prior to the year the
25reorganization is effective, shall serve as the base agreement
26in the new area education agency and the employees of the other
27area education agencies involved in the formation of the new
28area education agency shall automatically be accreted to the
29bargaining unit of that collective bargaining agreement for
30purposes of negotiating the contracts for the following years
31without further action by the public employment relations
32board. If only one collective bargaining agreement is in
33effect among the area education agencies that are party to
34the reorganization, that agreement shall serve as the base
35agreement, and the employees of the other agencies involved
-30-1in the formation of the new area education agency shall
2automatically be accreted to the bargaining unit of that
3collective bargaining agreement for purposes of negotiating
4the contracts for the following years without further action
5by the public employment relations board. The department of
6administrative services shall be the chief negotiator for the
7area education agencies involved in the formation of the new
8area education agency.
9b. The board of the newly formed area education agency,
10using the base agreement as its existing contract, shall
11bargain with the combined employees of the affected agencies
12for the school year that begins on the effective date of the
13reorganization. The bargaining shall be completed by the
14dates specified in section 20.17 prior to the school year
15in which the reorganization becomes effective or within one
16hundred eighty days after the organization of the new board
17 area education agency, whichever is later. If a bargaining
18agreement was already concluded by the board area education
19agency and employees of the affected area education agency
20with the contract serving as the base agreement for the school
21year beginning with the effective date of the reorganization,
22that agreement shall be void. However, if the base agreement
23contains multiyear provisions affecting school years subsequent
24to the effective year of the reorganization, the base agreement
25shall remain in effect as specified in the agreement.
26c. The provisions of the base agreement shall apply to the
27offering of new contracts or continuation, modification, or
28termination of existing contracts as provided in subsection 1.
293. The terms of a contract between the board of directors
30of a school district and the board of directors of an affected
31area education agency shall be carried out by the school board
32and the board of directors of the newly formed area education
33agency except as provided in this section.
344. The board of directors of a school district that is under
35a contract with an affected area education agency may petition
-31-1the boards of directors of the affected area education agencies
2for release from the contract. If the petition receives a
3majority of the votes cast by the members of the boards of the
4affected area education agencies, the petition is approved and
5 by the director of the department, then the contract shall be
6terminated on the effective date of the area education agency
7reorganization.
85. Not later than fifteen days after the state board
9 director of the department notifies an area education agency
10of its approval of the area education agency’s reorganization
11plan or dissolution proposal, the area education agency shall
12notify, by certified mail, the school districts located within
13the area education agency boundaries, the school districts and
14area education agencies that are contiguous to its boundaries,
15and any other school district under contract with the area
16education agency, of the state board’s director’s approval
17of the plan or proposal, and shall provide the department of
18education with a copy of any notice sent in accordance with
19this subsection. A petition to join an area education agency
20or for release from a contract with an area education agency,
21in accordance with subsections 4, 6, and 7 subsection 4, shall
22be filed not later than forty-five days after the state board
23 director of the department approves a reorganization plan or
24dissolution proposal in accordance with this chapter.
256. Within forty-five days of the state board’s approval,
26the board of directors of a school district that is contiguous
27to a newly reorganized area education agency may petition the
28board of directors of their current area education agency
29and the newly reorganized area education agency to join the
30newly reorganized area education agency. If the initial,
31or new board if established in time under section 273.23,
32subsection 3, and the board of the contiguous area education
33agency approve the petition, the reorganization, including any
34school district whose petition to join the newly reorganized
35area education agency has been approved, shall take effect in
-32-1accordance with the dates established under section 273.21,
2subsection 4. Both the initial, or new, and the contiguous
3area education agency boards must act within forty-five days of
4the deadline, as set forth in this subsection, for the filing
5of the school district’s petition. Within ten days of an area
6education agency board’s action, a school district may appeal
7to the state board the decision of an area education agency
8board to deny the school district’s petition.
97. Within forty-five days of the state board’s approval,
10the board of directors of a school district that is within
11a newly reorganized area education agency and whose school
12district is contiguous to another area education agency not
13included in the newly reorganized area education agency may
14petition the board of directors of the newly reorganized area
15education agency and the contiguous area education agency to
16join that area education agency. If the initial, or new board
17if established in time under section 273.23, subsection 3, and
18the board of the contiguous area education agency approve the
19petition, the reorganization, excluding any school district
20whose petition to join an area education agency contiguous to
21the newly reorganized area education agency has been approved,
22shall take effect in accordance with the dates established
23under section 273.21, subsection 4. Both the initial, or
24new, and the contiguous area education agency boards must act
25within forty-five days of the deadline, as set forth in this
26subsection, for the filing of the school district’s petition.
27Within ten days of an area education agency board’s action, a
28school district may appeal to the state board the decision of
29an area education agency board to deny the school district’s
30petition.
31 Sec. 24. Section 273.23, Code 2024, is amended to read as
32follows:
33273.23 Initial board.
341. A petition filed under section 273.21 shall state the
35number of directors on the initial board which shall be either
-33-1seven or nine directors. The petition reorganization plan
2submitted pursuant to section 273.21 shall specify the number
3of directors to be retained from each area, and those numbers
4shall be proportionate to the populations of the affected area
5education agencies. If the proportionate balance of directors
6among the affected area education agencies specified in the
7reorganization plan is affected by school districts petitioning
8to be excluded from the reorganization, or if the proposal
9specified in the plan does not comply with the requirement for
10proportionate representation, the state board director of the
11department shall modify the proposal. However, all affected
12 area education agencies affected shall retain at least one
13member.
142. Prior to the organization meeting of the board of
15directors of the newly formed area education agency, the boards
16of the former area education agencies shall designate directors
17to be retained as members to serve on the initial board of
18the newly formed area education agency. A vacancy occurs if
19an insufficient number of former board members reside within
20the newly formed area education agency’s boundaries or if an
21insufficient number of former board members are willing to
22serve on the board of the newly formed area education agency.
23Vacancies, as defined in section 277.29, in the membership of
24the newly formed area education agency board shall be filled
25for the unexpired portion of the term at a director district
26convention called and conducted in the manner provided in
27section 273.8 for director district conventions.
283. Not later than January 15 of the calendar year in which
29the reorganization takes effect, the initial board shall call a
30director district convention under the provisions of section
31273.8, subsection 3, for the purpose of electing a board for
32the reorganized area education agency. The new board shall
33have control of the employment of all personnel for the newly
34formed area education agency for the ensuing school year.
35Following the organization of the new board, the board shall
-34-1have authority to establish policy, enter into contracts, and
2complete such planning and take such action as is essential for
3the efficient management of the newly formed area education
4agency.
54. The initial board of the newly formed district area
6education agency shall appoint an acting administrator
7 chairperson and an acting board secretary. The appointment of
8the acting administrator shall not be subject to the continuing
9contract provisions of sections 279.20, 279.23, and 279.24.
10The acting chair shall serve until the executive director of
11the area education agency appoints a chairperson, who shall
12serve at the pleasure of the executive director.
135. The initial board, or new board if established in time
14under subsection 3, of the newly formed agency shall prepare an
15annual budget estimating income and expenditures for programs
16and services as provided in sections 273.1 through 273.9
17 and chapter 256B within the limits of funds provided under
18section 256B.9 and chapter 257. The board shall give notice
19of a public hearing on the proposed budget by publication in
20an official county newspaper in each county in the territory
21of the area education agency in which the principal place
22of business of a school district that is a part of the area
23education agency is located. The notice shall specify the
24date, which shall not be later than March 1, the time, and
25the location of the public hearing. The proposed budget as
26approved by the board shall be submitted to the state board, on
27forms provided by the department, no later than March 15 for
28approval. The state board shall review the proposed budget of
29the newly formed area education agency and shall, before May
301, either grant approval or return the budget without approval
31with comments of the state board included. An unapproved
32budget shall be resubmitted to the state board for final
33approval not later than May 15. The state board shall give
34final approval only to budgets submitted by area education
35agencies accredited by the state board or that have been given
-35-1conditional accreditation by the state board.
26. For the school year beginning on the effective date of
3an area education agency reorganization as provided in this
4subchapter, the media services cost per pupil as determined
5under section 257.37 for all districts in a newly formed area
6education agency for the budget year shall be the highest
7amount of media services cost per pupil for any of the affected
8area education agencies.
97. For the school year beginning on the effective date
10of an area education agency reorganization as provided in
11this subchapter, the educational services cost per pupil as
12determined under section 257.37 for all districts in a newly
13formed area education agency for the budget year shall be the
14highest amount of educational services cost per pupil for any
15of the affected area education agencies.
168. For the school year beginning on the effective date
17of an area education agency reorganization as provided in
18this subchapter, the special education support services
19cost per pupil shall be based upon the combined base year
20budgets for special education support services of the area
21education agencies that reorganized to form the newly formed
22area education agency, divided by the total of the weighted
23enrollment for special education support services in the
24reorganized area education agency for the base year plus the
25supplemental state aid amount per pupil for special education
26support services for the budget year as calculated in section
27257.8.
289. 5. Within one year of the effective date of the
29reorganization, a newly formed area education agency shall meet
30the accreditation requirements set forth in section 273.10,
31and the standards set forth in section 273.11. The newly
32formed area education agency shall be considered accredited
33for purposes of budget approval by the state board pursuant
34to section 273.3. The state board shall inform the newly
35formed area education agency of the accreditation on-site visit
-36-1schedule.
210. The special education support cost per pupil, the media
3cost per pupil, and the educational services cost per pupil for
4a school district petitioning into an area education agency
5shall be the special education support cost per pupil, media
6cost per pupil, and educational services cost per pupil of the
7area education agency into which it petitions if the petition
8is approved.
911. 6. Unless the reorganization of an area education
10agency takes effect less than two years before the taking
11of the next federal decennial census, a newly formed area
12education agency shall, within one year of the effective date
13of the reorganization, redraw the boundary lines of director
14districts in the area education agency if a petition filed by a
15school district to join the newly formed area education agency,
16or for release from the newly formed area education agency,
17in accordance with section 273.22, subsections 4, 6, and 7
18 subsection 4, was approved. Until the boundaries are redrawn,
19the boundaries for the newly formed area education agency shall
20be as provided in the reorganization plan approved by the state
21board director of the department in accordance with section
22273.21.
23 Sec. 25. REPEAL. Sections 273.24, 273.25, 273.26, and
24273.27, Code 2024, are repealed.
25DIVISION III
26AREA EDUCATION AGENCIES — FUNDING
27 Sec. 26. Section 257.1, subsection 2, paragraph b, Code
282024, is amended to read as follows:
29b. For the budget year commencing July 1, 1999, and for
30each succeeding budget year beginning before July 1, 2022,
31the regular program foundation base per pupil is eighty-seven
32and five-tenths percent of the regular program state cost per
33pupil. For the budget year commencing July 1, 2022, and for
34each succeeding budget year, the regular program foundation
35base per pupil is eighty-eight and four-tenths percent of the
-37-1regular program state cost per pupil. For the budget year
2commencing July 1, 1991, and for each succeeding budget year
3the special education support services foundation base is
4seventy-nine percent of the special education support services
5state cost per pupil. The combined foundation base is the sum
6of the regular program foundation base, the special education
7support services foundation base, the total teacher salary
8supplement district cost, the total professional development
9supplement district cost, the total early intervention
10supplement district cost, the total teacher leadership
11supplement district cost, and the total area education agency
12teacher salary supplement district cost, and the total area
13education agency professional development supplement district
14cost.
15 Sec. 27. Section 257.1, subsection 3, Code 2024, is amended
16to read as follows:
173. Computations rounded. In making computations and
18payments under this chapter, except in the case of computations
19relating to funding of special education support services,
20media services, and educational services provided through the
21area education agencies, and the teacher salary supplement, the
22professional development supplement, the early intervention
23supplement, and the teacher leadership supplement, the
24department of management shall round amounts to the nearest
25whole dollar.
26 Sec. 28. Section 257.4, subsection 1, paragraph a,
27subparagraph (7), Code 2024, is amended by striking the
28subparagraph.
29 Sec. 29. Section 257.9, subsection 10, Code 2024, is amended
30by striking the subsection.
31 Sec. 30. Section 257.10, subsection 8, paragraph a, Code
322024, is amended to read as follows:
33a. Combined district cost is the sum of the regular program
34district cost per pupil multiplied by the weighted enrollment,
35the special education support services district cost, the
-38-1total teacher salary supplement district cost, the total
2professional development supplement district cost, the total
3early intervention supplement district cost, and the total
4teacher leadership supplement district cost, plus the sum of
5the additional district cost allocated to the district to fund
6media services and educational services provided through the
7area education agency, the area education agency total teacher
8salary supplement district cost and the area education agency
9total professional development supplement district cost.
10 Sec. 31. Section 257.11, subsection 5, paragraph a,
11subparagraph (2), subparagraph division (b), Code 2024, is
12amended to read as follows:
13(b) “Political subdivision” means a city, township, county,
14school corporation, merged area, area education agency,
15 institution governed by the state board of regents, or any
16other governmental subdivision except for an area education
17agency.
18 Sec. 32. Section 257.11, subsection 5, paragraph e, Code
192024, is amended to read as follows:
20e. Supplementary weighting pursuant to this subsection shall
21be available to an area education agency during the period
22commencing with the budget year beginning July 1, 2014, through
23the budget year beginning July 1, 2034 2023. The minimum
24amount of additional funding for which an area education
25agency shall be eligible in a budget year is thirty thousand
26dollars, and the maximum amount of additional funding for which
27an area education agency shall be eligible is two hundred
28thousand dollars. The department of management shall annually
29set a weighting for each area education agency to generate
30the approved operational sharing expense using the area
31education agency’s special education cost per pupil amount and
32foundation level. Criteria for determining the qualification
33of operational functions for supplementary weighting shall be
34determined by the department by rule, through consideration of
35increased student opportunities.
-39-1 Sec. 33. Section 257.15, subsection 1, paragraph a, Code
22024, is amended to read as follows:
3a. For the budget year beginning July 1, 1991, the
4department of management shall calculate for each district the
5difference between the sum of the revenues generated by the
6foundation property tax and the additional property tax in the
7district calculated under this chapter and the revenues that
8would have been generated by the foundation property tax and
9the additional property tax in that district for that budget
10year calculated under chapter 442, Code 1989, if chapter 442,
11Code 1989, were in effect, except that the revenues that
12would have been generated by the additional property tax levy
13under chapter 442, Code 1989, shall not include revenues
14generated for the school improvement program. However in
15making the calculation of the difference in revenues under
16this subsection, the department shall not include the revenues
17generated under section 257.37, Code 1989, and under chapter
18442, Code 1989, for funding media and educational services
19through the area education agencies. If the property tax
20revenues for a district calculated under this chapter exceed
21the property tax revenues for that district calculated under
22chapter 442, Code 1989, the department of management shall
23reduce the revenues raised by the additional property tax levy
24in that district under this chapter by that difference and
25the department of education shall pay property tax adjustment
26aid to the district equal to that difference from moneys
27appropriated for property tax adjustment aid.
28 Sec. 34. Section 257.16, subsection 4, Code 2024, is amended
29to read as follows:
304. Notwithstanding any provision to the contrary, if
31the governor orders budget reductions in accordance with
32section 8.31, the teacher salary supplement district cost,
33the professional development supplement district cost, the
34early intervention supplement district cost, and the teacher
35leadership supplement district cost as calculated under section
-40-1257.10, subsections 9, 10, 11, and 12, and the area education
2agency teacher salary supplement district cost and the area
3education agency professional development supplement district
4cost as calculated under section 257.37A, subsections 1 and 2,
5 shall be paid in full as calculated and the reductions in the
6appropriations provided in accordance with this section shall
7be reduced from the remaining moneys appropriated pursuant
8to this section and shall be distributed on a per pupil
9basis calculated with the weighted enrollment determined in
10accordance with section 257.6, subsection 5.
11 Sec. 35. Section 257.32, subsection 1, paragraph a, Code
122024, is amended to read as follows:
13a. An area education agency budget review procedure is
14established for the school budget review committee created
15in section 257.30. The school budget review committee, in
16addition to its duties under section 257.31, shall meet and
17hold hearings each year to review unusual circumstances of
18area education agencies, either upon the committee’s motion or
19upon the request of an area education agency. The committee
20may grant supplemental aid to the area education agency from
21funds appropriated to the department of education for area
22education agency budget review purposes, or an amount may be
23added to the area education agency special education support
24services modified supplemental amount for districts in an area
25or an additional amount may be added to district cost for media
26services or educational services for all districts in an area
27 for the budget year either on a temporary or permanent basis,
28or both.
29 Sec. 36. Section 257.32, subsection 1, paragraph b,
30subparagraphs (2) and (3), Code 2024, are amended by striking
31the subparagraphs.
32 Sec. 37. Section 257.35, subsections 1, 17, and 19, Code
332024, are amended to read as follows:
341. The department of management shall deduct the amounts
35calculated for special education support services, media
-41-1services, and area education agency teacher salary supplement
2district cost, area education agency professional development
3supplement district cost, and educational services for each
4school district from the state aid due to the district pursuant
5to this chapter that has entered into an agreement with the
6area education agency pursuant to section 273.7A to provide
7services for the applicable budget year and shall pay the
8amounts to the respective area education agencies on a monthly
9basis from September 15 through June 15 during each school
10year. The department of management shall notify each school
11district of the amount of state aid deducted for these purposes
12and the balance of state aid shall be paid to the district. If
13a district does not qualify for state aid under this chapter
14in an amount sufficient to cover its amount due to the area
15education agency as calculated by the department of management,
16the school district shall pay the deficiency to the area
17education agency from other moneys received by the district, on
18a quarterly basis during each school year.
1917. a. Notwithstanding subsection 1, and in addition to the
20reductions applicable pursuant to subsection 2 and paragraph
21“b” of this subsection, the state aid for area education
22agencies and the portion of the combined district cost
23calculated for these agencies related to expenditures other
24than expenditures for professional development for the fiscal
25year beginning July 1, 2022, and ending June 30, 2023, shall
26be reduced by the department of management by fifteen million
27dollars. The reduction for each area education agency shall be
28prorated based on the reduction that the agency received in the
29fiscal year beginning July 1, 2003.
30b. Notwithstanding subsection 1, and in addition to
31the reductions applicable pursuant to subsection 2 and
32paragraph “a” of this subsection, the state aid for area
33education agencies and the portion of the combined district
34cost calculated for these agencies related to professional
35development expenditures for the fiscal year beginning July
-42-11, 2022, and ending June 30, 2023, shall be reduced by the
2department of management by an amount equal to the sum of the
3area education agency professional development supplement
4district cost for all area education agencies determined under
5section 257.37A, subsection 2, Code 2022, for the budget
6year beginning July 1, 2022. The reduction for each area
7education agency shall be equal to the area education agency’s
8professional development district cost determined under section
9257.37A, subsection 2, Code 2022, for the budget year beginning
10July 1, 2022. The amounts reduced under this paragraph shall
11be considered funds paid to school districts and area education
12agencies under chapter 284 for purposes of requirements for
13providing professional development opportunities.
1419. Notwithstanding section 257.37, an An area education
15agency may use the funds determined to be available under this
16section in a manner which the area education agency determines
17is appropriate to best maintain the level of required area
18education agency special education services. An area education
19agency may also use unreserved fund balances for media services
20or education services, as received under section 257.37, Code
212024, in a manner which the area education agency determines
22is appropriate to best maintain the level of required area
23education agency special education services.
24 Sec. 38. Section 257.37A, Code 2024, is amended to read as
25follows:
26257.37A Area education agency salary supplement funding.
271. Area education agency teacher salary supplement cost per
28pupil and district cost.
29a. 1. For the budget year beginning July 1, 2009, the
30department of management shall add together the teacher
31compensation allocation made to each area education agency for
32the fiscal year beginning July 1, 2008, pursuant to section
33284.13, subsection 1, paragraph “i”, Code 2009, and the phase II
34allocation made to each area education agency for the fiscal
35year beginning July 1, 2008, pursuant to section 294A.9, Code
-43-12009, and divide that sum by the special education support
2services weighted enrollment in the fiscal year beginning July
31, 2009, to determine the area education agency teacher salary
4supplement cost per pupil. For the budget year beginning July
51, 2010, and succeeding budget years, the area education agency
6teacher salary supplement district cost per pupil for each area
7education agency for a budget year is the area education agency
8teacher salary supplement district cost per pupil for the base
9year plus the area education agency teacher salary supplement
10supplemental state aid amount for the budget year.
11b. 2. For the budget year beginning July 1, 2010, and
12succeeding budget years, if the department of management
13determines that the unadjusted area education agency teacher
14salary supplement district cost of an area education agency
15for a budget year is less than one hundred percent of the
16unadjusted area education agency teacher salary supplement
17district cost for the base year for the area education agency,
18the area education agency shall receive a budget adjustment for
19that budget year equal to the difference.
20c. (1) 3. a. The unadjusted area education agency
21teacher salary supplement district cost is the area education
22agency teacher salary supplement district cost per pupil for
23each area education agency for a budget year multiplied by the
24special education support services weighted enrollment for that
25area education agency.
26(2) b. The total area education agency teacher salary
27supplement district cost is the sum of the unadjusted area
28education agency teacher salary supplement district cost plus
29the budget adjustment for that budget year.
30d. 4. For the budget year beginning July 1, 2009, the
31use of the funds calculated under this subsection section
32 shall comply with requirements of chapter 284 and shall be
33distributed to teachers pursuant to section 284.3A. For the
34budget year beginning July 1, 2010, and succeeding budget
35years, the use of the funds calculated under this subsection
-44-1 section and fund balances received for area education agency
2professional development for a budget year beginning before
3July 1, 2024, shall comply with the requirements of chapter
4284 and shall be distributed to teachers pursuant to section
5284.3A.
62. Area education agency professional development supplement
7cost per pupil and district cost.
8a. For the budget year beginning July 1, 2009, the
9department of management shall divide the area education
10agency professional development supplement made to each
11area education agency for the fiscal year beginning July 1,
122008, pursuant to section 284.13, subsection 1, paragraph
13“d”, Code 2009, by the special education support services
14weighted enrollment in the fiscal year beginning July 1, 2009,
15to determine the professional development supplement cost
16per pupil. For the budget year beginning July 1, 2010, and
17succeeding budget years, the area education agency professional
18development supplement district cost per pupil for each area
19education agency for a budget year is the area education agency
20professional development supplement district cost per pupil
21for the base year plus the area education agency professional
22development supplement supplemental state aid amount for the
23budget year.
24b. For the budget year beginning July 1, 2010, and
25succeeding budget years, if the department of management
26determines that the unadjusted area education agency
27professional development supplement district cost of an area
28education agency for a budget year is less than one hundred
29percent of the unadjusted area education agency professional
30development supplement district cost for the base year for
31the area education agency, the area education agency shall
32receive a budget adjustment for that budget year equal to the
33difference.
34c. (1) The unadjusted area education agency professional
35development supplement district cost is the area education
-45-1agency professional development supplement district cost
2per pupil for each area education agency for a budget year
3multiplied by the special education support services weighted
4enrollment for that area education agency.
5(2) The total area education agency professional
6development supplement district cost is the sum of the
7unadjusted area education agency professional development
8supplement district cost plus the budget adjustment for that
9budget year.
10d. The use of the funds calculated under this subsection
11 shall comply with requirements of chapter 284.
12 Sec. 39. Section 284.3A, subsection 4, Code 2024, is amended
13to read as follows:
144. The teacher salary supplement district cost as
15calculated under section 257.10, subsection 9, and the area
16education agency teacher salary supplement district cost as
17calculated under section 257.37A, subsection 1, are not subject
18to a uniform reduction in accordance with section 8.31.
19 Sec. 40. Section 284.4, subsection 1, paragraph b,
20subparagraph (3), Code 2024, is amended to read as follows:
21(3) Determine, following the adoption of the Iowa
22professional development model by the state board of education,
23the use and distribution of the professional development
24funds calculated and paid to the school district or agency as
25provided in section 257.9, subsection 10, or section 257.10,
26subsection 10, based upon school district or agency, attendance
27center, and individual teacher and professional development
28plans.
29 Sec. 41. Section 284.6, subsections 8 and 9, Code 2024, are
30amended to read as follows:
318. For each year in which a school district receives funds
32calculated and paid to school districts for professional
33development pursuant to section 257.10, subsection 10, or
34section 257.37A, subsection 2, the school district shall create
35quality professional development opportunities. Not less than
-46-1thirty-six hours in the school calendar, held outside of the
2minimum school day, shall be set aside during nonpreparation
3time or designated professional development time to allow
4practitioners to collaborate with each other to deliver
5educational programs and assess student learning, or to engage
6in peer review pursuant to section 284.8, subsection 1. The
7funds may be used to implement the professional development
8provisions of the teacher career paths and leadership roles
9specified in section 284.15, including but not limited to
10providing professional development to teachers, including
11additional salaries for time beyond the normal negotiated
12agreement; activities and pay to support a beginning teacher
13mentoring and induction program that meets the requirements
14of section 284.5; pay for substitute teachers, professional
15development materials, speakers, and professional development
16content; textbooks and curriculum materials used for classroom
17purposes if such textbooks and curriculum materials include
18professional development; administering assessments pursuant to
19section 256.7, subsection 21, paragraph “b”, subparagraphs (1)
20and (2), if such assessments include professional development;
21and costs associated with implementing the individual
22professional development plans. The use of the funds shall
23be balanced between school district, attendance center,
24and individual professional development plans, making every
25reasonable effort to provide equal access to all teachers.
269. Moneys received pursuant to section 257.10, subsection
2710, or section 257.37A, subsection 2, shall be maintained
28as a separate listing within a school district’s or area
29education agency’s budget for funds received and expenditures
30made pursuant to this subsection. The department shall not
31require a school district or area education agency to allocate
32a specific amount or percentage of moneys received pursuant to
33section 257.10, subsection 10, or section 257.37A, subsection
342, for professional development related to implementation of
35the core curriculum under section 256.7, subsection 26. A
-47-1school district shall certify to the department how the school
2district allocated the funds and that moneys received under
3this subsection were used to supplement, not supplant, the
4professional development opportunities the school district
5would otherwise make available. For budget years beginning
6on or after July 1, 2017, all or a portion of the moneys
7received pursuant to section 257.10, subsection 10, that remain
8unexpended and unobligated at the end of a fiscal year may,
9pursuant to section 257.10, subsection 10, paragraph “d”, be
10transferred for deposit in the school district’s flexibility
11account established under section 298A.2, subsection 2.
12 Sec. 42. Section 298.4, subsection 1, unnumbered paragraph
131, Code 2024, is amended to read as follows:
14The Subject to a reduction under subsection 3, the board of
15directors of a school district may certify for levy by April 30
16of a school year, a tax on all taxable property in the school
17district for a district management levy. The revenue from the
18tax levied in this section shall be placed in the district
19management levy fund of the school district. The district
20management levy shall be expended only for the following
21purposes:
22 Sec. 43. Section 298.4, Code 2024, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 3. A tax levied under this section may
25be reduced by the department of management if the department
26determines that the reduction in the school district’s combined
27district cost as a result of the repeal of section 257.37, Code
282024, and elimination of section 257.37A, subsection 2, Code
292024, does not result in a corresponding reduction in the total
30amount of property taxes levied by the school district for the
31budget year. The department of management may evaluate the
32amounts of property taxes levied by the school district and
33purposes for which such revenues are budgeted to determine the
34adequacy of the reduction in the school district’s total amount
35of property taxes.
-48-1 Sec. 44. REPEAL. Section 257.37, Code 2024, is repealed.
2 Sec. 45. APPLICABILITY. This division of this Act applies
3July 1, 2024, for school budget years beginning on or after
4that date.
5DIVISION IV
6TEACHER COMPENSATION
7 Sec. 46. Section 257.10, subsection 12, paragraph d, Code
82024, is amended to read as follows:
9d. Except as otherwise allowed under this paragraph, for
10the budget year beginning July 1, 2014, and succeeding budget
11years, the use of the funds calculated under this subsection
12shall comply with the requirements of chapter 284 and shall
13be distributed to teachers pursuant to section 284.15. The
14funds shall be used only to increase the payment for a teacher
15assigned to a leadership role pursuant to a framework or
16comparable system approved pursuant to section 284.15; to
17increase the percentages of teachers assigned to leadership
18roles; to increase the minimum teacher starting salary to
19thirty-three fifty thousand five hundred dollars; to cover the
20costs for the time mentor and lead teachers are not providing
21instruction to students in a classroom; for coverage of a
22classroom when an initial or career teacher is observing or
23co-teaching with a teacher assigned to a leadership role;
24for professional development time to learn best practices
25associated with the career pathways leadership process; and for
26other costs associated with a framework or comparable system
27approved by the department of education under section 284.15
28with the goals of improving instruction and elevating the
29quality of teaching and student learning. If all requirements
30for the school district for the use of funds calculated
31under this subsection are met and funds received under this
32subsection remain unexpended and unobligated at the end of a
33fiscal year beginning on or after July 1, 2020, the school
34district may transfer all or a portion of such unexpended
35and unobligated funds for deposit in the school district’s
-49-1flexibility account established under section 298A.2,
2subsection 2. At the end of a fiscal year beginning on or after
3July 1, 2022, school districts may use all or a portion of
4funds under this subsection for the purposes authorized under
5subsection 9, paragraph “d”, and, notwithstanding any provision
6of law to the contrary, school districts shall not be required
7to participate in or comply with section 284.15 in order to
8continue to receive funding under this subsection.
9 Sec. 47. Section 284.15, subsection 2, paragraph a,
10subparagraph (1), Code 2024, is amended to read as follows:
11(1) The salary for an initial teacher who has successfully
12completed an approved practitioner preparation program as
13defined in section 256.145 or holds an initial or intern
14teacher license issued under chapter 256, subchapter VII, part
153, shall be at least thirty-three fifty thousand five hundred
16 dollars, which shall also constitute the minimum salary for an
17Iowa teacher.
18 Sec. 48. Section 284.15, Code 2024, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 2A. The salary for a career teacher, model
21teacher, mentor teacher, or lead teacher, who holds a valid
22license issued under chapter 256, subchapter VII, part 3, and
23who has been a teacher for at least twelve years, shall be at
24least sixty-two thousand dollars.
25 Sec. 49. Section 284.16, subsection 1, paragraph a,
26unnumbered paragraph 1, Code 2024, is amended to read as
27follows:
28The beginning teacher shall be paid not less than
29thirty-three fifty thousand five hundred dollars and shall meet
30the following requirements:
31 Sec. 50. Section 284.16, Code 2024, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 1A. A career teacher, instructional coach,
34curriculum and professional development leader, or model
35teacher, who has been a teacher for at least twelve years,
-50-1shall be paid not less than sixty-two thousand dollars.
2 Sec. 51. Section 284.17, subsection 1, Code 2024, is amended
3to read as follows:
41. A minimum salary of thirty-three fifty thousand five
5hundred dollars for a full-time teacher who has less than
6twelve years of teaching experience and a minimum salary of
7sixty-two thousand dollars for a full-time teacher who has at
8least twelve years of teaching experience.
9DIVISION V
10CONFORMING CHANGES — DEPARTMENT OF EDUCATION
11 Sec. 52. Section 256.7, subsection 3, paragraph a, Code
122024, is amended to read as follows:
13a. Prescribe standards and procedures for the approval of
14practitioner preparation programs and professional development
15programs offered in this state by practitioner preparation
16institutions located within or outside this state and by area
17education agencies.
18 Sec. 53. Section 256.7, subsections 16 and 22, Code 2024,
19are amended to read as follows:
2016. Adopt rules that set standards for approval of family
21support preservice and in-service training programs, offered
22by area education agencies and practitioner preparation
23institutions, and family support programs offered by or through
24local school districts.
2522. Adopt rules and a procedure for the approval of
26para-educator preparation programs offered by a public school
27district, area education agency, community college, institution
28of higher education under the state board of regents, or
29an accredited private institution as defined in section
30256.183, subsection 1. The programs shall train and recommend
31individuals for para-educator certification under section
32256.157.
33 Sec. 54. Section 256.7, subsection 32, paragraph c, Code
342024, is amended to read as follows:
35c. Rules adopted pursuant to this subsection shall require
-51-1that online learning coursework offered by school districts,
2accredited nonpublic schools, and area education agencies be
3rigorous, high-quality, aligned with the Iowa core and core
4content requirements and standards and the national standards
5of quality for online courses issued by an internationally
6recognized association for kindergarten through grade twelve
7online learning, and taught by a teacher licensed under
8subchapter VII, part 3, who has specialized training or
9experience in online learning, including but not limited to an
10online-learning-for-Iowa-educators-professional-development
11project offered by area education agencies, a teacher
12preservice program, or comparable coursework.
13 Sec. 55. Section 256.9, subsections 18, 26, 32, 37, 55, 62,
14and 68, Code 2024, are amended to read as follows:
1518. Prepare forms and procedures as necessary to be used by
16area education agency boards, area education agencies, district
17boards, school officials, principals, teachers, and other
18employees, and to insure uniformity, accuracy, and efficiency
19in keeping records in both pupil and cost accounting, the
20execution of contracts, and the submission of reports, and
21notify the area education agency board, district board, or
22school authorities when a report has not been filed in the
23manner or on the dates prescribed by law or by rule that
24the school will not be accredited until the report has been
25properly filed. The director shall include, on any report
26for which the department prescribes the form and manner of
27its submission, a reference to any state or federal statute,
28rule, or regulation that requires the inclusion of certain
29information in the report.
3026. Approve the salaries of area education agency
31administrators executive directors.
3232. Develop, or direct the area education agencies to
33develop, a statewide technical assistance support network to
34provide school districts or district subcontractors under
35section 279.49 with assistance in creating developmentally
-52-1appropriate programs under section 279.49.
237. Develop in-service and preservice training programs
3through the area education agencies and practitioner
4preparation institutions and guidelines for school districts
5for the establishment of family support programs. Guidelines
6developed shall describe barriers to learning and development
7which can affect children served by family support programs.
855. Develop and maintain a list of approved online
9providers that provide course content through an online
10learning platform taught by a teacher licensed under
11subchapter VII, part 3, who has specialized training or
12experience in online learning including but not limited to an
13online-learning-for-Iowa-educators-professional-development
14project offered by area education agencies, a teacher
15preservice program, or comparable coursework, and whose online
16learning coursework meets the requirements established by
17rule pursuant to section 256.7, subsection 32, paragraph “c”.
18Providers shall apply for approval annually or as determined
19by the department.
2062. Develop, establish, and distribute to all school
21districts evidence-based standards, guidelines, and
22expectations for the appropriate and inappropriate responses
23to behavior in the classroom that presents an imminent threat
24of bodily injury to a student or another person and for the
25reasonable, necessary, and appropriate physical restraint
26of a student, consistent with rules adopted by the state
27board pursuant to section 280.21. The director shall consult
28with the area education agencies to create comprehensive and
29consistent standards and guidance for professional development
30relating to successfully educating individuals in the least
31restrictive environment, and for evidence-based interventions
32consistent with the standards established pursuant to this
33subsection.
3468. Develop and distribute to school districts and area
35education agencies a list of all professional development
-53-1programs and other training programs in which employees of
2school districts and area education agencies are required to
3participate pursuant to federal law or state law, including
4chapter chapters 273 and 284.
5 Sec. 56. Section 256.9, subsection 25, Code 2024, is amended
6by striking the subsection.
7 Sec. 57. Section 256.9, subsection 30, paragraph a,
8unnumbered paragraph 1, Code 2024, is amended to read as
9follows:
10Conduct or direct the area education agency to conduct
11 feasibility surveys and studies, if requested under section
12282.11, of the school districts within the area education
13agency service areas and all adjacent territory, including but
14not limited to contiguous districts in other states, for the
15purpose of evaluating and recommending proposed whole grade
16sharing agreements requested under section 282.7 and section
17282.10, subsections 1 and 4. The surveys and studies shall be
18revised periodically to reflect reorganizations which may have
19taken place in the area education agency, adjacent territory,
20and contiguous districts in other states. The surveys and
21studies shall include a cover page containing recommendations
22and a short explanation of the recommendations. The factors to
23be used in determining the recommendations include but are not
24limited to:
25 Sec. 58. Section 256.9, subsection 49, paragraph a, Code
262024, is amended to read as follows:
27a. Develop and distribute, in collaboration with the area
28education agencies, core curriculum technical assistance and
29implementation strategies that school districts and accredited
30nonpublic schools shall utilize, including but not limited to
31the development and delivery of formative and end-of-course
32model assessments classroom teachers may use to measure student
33progress on the core curriculum adopted pursuant to section
34256.7, subsection 26. The department shall, in collaboration
35with the advisory group convened in accordance with paragraph
-54-1“b” and educational assessment providers, identify and make
2available to school districts end-of-course and additional
3model end-of-course and additional assessments to align with
4the expectations included in the Iowa core curriculum.
5 Sec. 59. Section 256.9, subsection 49, paragraph c,
6unnumbered paragraph 1, Code 2024, is amended to read as
7follows:
8Establish, subject to an appropriation of funds by the
9general assembly, an Iowa reading research center which shall
10collaborate with the area education agencies in implementing
11 implement the provisions of this paragraph “c”.
12 Sec. 60. Section 256.9, subsection 49, paragraph c,
13subparagraph (1), subparagraph division (e), Code 2024, is
14amended to read as follows:
15(e) Professional development strategies and materials to
16support teacher effectiveness in student literacy development.
17Subject to an appropriation of funds by the general assembly,
18the center shall collaborate and coordinate with the area
19education agencies and the department to develop and offer to
20school districts at no cost professional development services
21to enhance the skills of elementary teachers in the use of
22evidence-based strategies to improve the literacy skills of all
23students.
24 Sec. 61. Section 256.9, subsection 49, paragraph c,
25subparagraph (2), Code 2024, is amended to read as follows:
26(2) The first efforts of the center shall focus on
27kindergarten through grade three. The center shall draw
28upon national and state expertise in the field of literacy
29proficiency, including experts from Iowa’s institutions of
30higher education and area education agencies with backgrounds
31in literacy development. The center shall seek support from
32the Iowa research community in data report development and
33analysis of available information from Iowa education data
34sources. The center shall work with the department to identify
35additional needs for tools and technical assistance for Iowa
-55-1schools to help schools achieve literacy proficiency goals
2and seek public and private partnerships in developing and
3accessing necessary tools and technical assistance.
4 Sec. 62. Section 256.11, subsection 11, paragraph e, Code
52024, is amended to read as follows:
6e. If the deficiencies have not been corrected, and the
7conditional accreditation alternatives contained in the report
8are not mutually acceptable to the state board and the local
9board, the state board shall deaccredit the school district and
10merge the territory of the school district with one or more
11contiguous school districts at the end of the school year. The
12state board may place a district under receivership for the
13remainder of the school year. The receivership shall be under
14the direct supervision and authority of the area education
15agency in which the district is located department or the
16department’s designee, which may include a contiguous school
17district. The decision of whether to deaccredit the school
18district or to place the district under receivership shall
19be based upon a determination by the state board of the best
20interests of the students, parents, residents of the community,
21teachers, administrators, and school district board members and
22upon the recommendations of the accreditation committee and the
23director.
24 Sec. 63. Section 256.11, subsection 12, paragraph a,
25unnumbered paragraph 1, Code 2024, is amended to read as
26follows:
27Division of assets and liabilities of the deaccredited
28school district shall be as provided in this paragraph “a” and
29in sections 275.29 through and 275.31.
30 Sec. 64. Section 256.11, subsection 17, paragraph c,
31unnumbered paragraph 1, Code 2024, is amended to read as
32follows:
33If the provisions of subsection 5, paragraphs “a” through “e”
34and “g” through “j”, are made inapplicable under paragraph “a”,
35or are waived under paragraph “b”, the specified subject shall
-56-1be provided by an area education agency under section 273.16,
2or by the school district or accredited nonpublic school if an
3online alternative satisfying the requirements of subparagraph
4(1), (2), or (3) can be made available by the school district
5or accredited nonpublic school. Any course not required under
6subsection 5 may also be provided by an area education agency
7under section 273.16 or by the school district or accredited
8nonpublic school. However, in either case, if offered by the
9school district or accredited nonpublic school, the specified
10subject or course shall be offered through any of the following
11means:
12 Sec. 65. Section 256.11, subsection 17, paragraph c,
13subparagraph (3), Code 2024, is amended to read as follows:
14(3) An online learning platform offered, subject to the
15initial availability of federal funds, by the department in
16collaboration with one or more area education agencies or in
17 partnership with school districts and accredited nonpublic
18schools. The online learning platform may deliver distance
19education to students, including students receiving competent
20private instruction under chapter 299A, provided such students
21register with the school district of residence and the
22coursework offered by the online learning platform is taught
23and supervised by a teacher licensed under subchapter VII, part
243, who has online learning experience and the course content
25meets the requirements established by rule pursuant to section
26256.7, subsection 32, paragraph “c”. The department and the
27area education agencies operating online learning programs
28pursuant to section 273.16 shall coordinate the online learning
29platforms to ensure the most effective use of resources and
30delivery of services. Federal funds, if available, may be used
31to offset what would otherwise be costs to school districts for
32participation in the program.
33 Sec. 66. Section 256.12, subsection 2, paragraph a, Code
342024, is amended to read as follows:
35a. This section does not deprive the respective boards
-57-1of public school districts of any of their legal powers,
2statutory or otherwise, and in accepting the specially enrolled
3students, each of the boards shall prescribe the terms of the
4special enrollment, including but not limited to scheduling
5of courses and the length of class periods. In addition,
6the board of the affected public school district shall be
7given notice by the department of its decision to permit the
8special enrollment not later than six months prior to the
9opening of the affected public school district’s school year,
10except that the board of the public school district may waive
11the notice requirement. School districts and area education
12agency boards agencies shall make public school services, which
13shall include special education programs and services and
14may include health services, services for remedial education
15programs, guidance services, and school testing services,
16available to children attending nonpublic schools in the same
17manner and to the same extent that they are provided to public
18school students. Service activities shall be similar to those
19undertaken for public school students. Health services,
20special education support, and related services provided by
21area education agencies for the purpose of identifying children
22with disabilities, assistance with physical and communications
23needs of students with physical disabilities, and services of
24an educational interpreter may be provided on nonpublic school
25premises with the permission of the lawful custodian of the
26property. Other special education services may be provided
27on nonpublic school premises at the discretion of the school
28district or area education agency provider of the service and
29with the permission of the lawful custodian of the property.
30 Sec. 67. Section 256.32A, subsection 1, paragraph b, Code
312024, is amended to read as follows:
32b. To the area education agencies regarding the required and
33preferred qualifications for dyslexia specialists required in
34accordance with section 273.2, subsection 11 9.
35 Sec. 68. Section 256.33, subsection 1, Code 2024, is amended
-58-1to read as follows:
21. The department shall consort with school districts,
3area education agencies, community colleges, and colleges
4and universities to provide assistance to them in the use
5of educational technology for instruction purposes. The
6department shall consult with the advisory committee on
7telecommunications, established in section 256.7, subsection 7,
8and other users of educational technology on the development
9and operation of programs under this section.
10 Sec. 69. Section 256.39, subsection 1, Code 2024, is amended
11to read as follows:
121. If the general assembly appropriates moneys for the
13establishment of a career pathways program, the department
14of education shall develop a career pathways grant program,
15criteria for the formation of ongoing career pathways consortia
16in each merged area, and guidelines and a process to be used
17in selecting career pathways consortium grant recipients,
18including a requirement that grant recipients shall provide
19matching funds or match grant funds with in-kind resources on a
20dollar-for-dollar basis. A portion of the moneys appropriated
21by the general assembly shall be made available to schools to
22pay for the issuance of employability skills assessments to
23public or nonpublic school students. An existing partnership
24or organization, including a regional career and technical
25education planning partnership, that meets the established
26criteria, may be considered a consortium for grant application
27purposes. One or more school districts may be considered
28a consortium for grant application purposes, provided the
29district can demonstrate the manner in which a community
30college, area education agency, representatives from business
31and labor organizations, and others as determined within
32the region will be involved. Existing regional career and
33technical education planning partnerships are encouraged to
34assist the local consortia in developing a plan and budget.
35The department shall provide assistance to consortia in
-59-1planning and implementing career pathways program efforts.
2 Sec. 70. Section 256.82, subsection 1, paragraph b,
3subparagraph (3), Code 2024, is amended to read as follows:
4(3) One member shall be appointed jointly by the
5administrators of the area education agencies created by
6chapter 273 director of the department.
7 Sec. 71. Section 256.136, subsection 4, paragraph c, Code
82024, is amended by striking the paragraph.
9 Sec. 72. Section 256.136, subsection 5, Code 2024, is
10amended to read as follows:
115. Convening the regional career and technical education
12planning partnership shall be the joint responsibility of the
13area education agency and community college located within
14the region. In convening the regional career and technical
15education planning partnership, the area education agency and
16the community college shall include stakeholders from each
17member district of the partnership.
18 Sec. 73. Section 256.145, subsection 4, Code 2024, is
19amended to read as follows:
204. “License” means the authority that is given to allow
21a person to legally serve as a practitioner, a school, an
22institution, or a course of study to legally offer professional
23development programs, other than those programs offered by
24practitioner preparation schools, institutions, or courses of
25study, or area education agencies. A license is the exclusive
26authority to perform these functions.
27 Sec. 74. Section 256.146, subsection 1, paragraph c, Code
282024, is amended to read as follows:
29c. Rules adopted pursuant to this subsection establishing
30licensure renewal requirements shall provide that up to half
31of the units needed for licensure renewal may be earned upon
32the successful completion of an individualized professional
33development plan as verified by the supervising licensed
34evaluator, or by successful completion of professional
35development courses or programs offered by a professional
-60-1development program licensed by the board, or by a practitioner
2preparation institution or area education agency approved by
3the state board of education.
4 Sec. 75. Section 256.146, subsection 17, Code 2024, is
5amended to read as follows:
617. May adopt rules for practitioners who are not eligible
7for a statement of professional recognition under subsection 9,
8but have received a baccalaureate degree and provide a service
9to students at any or all levels from prekindergarten through
10grade twelve for a school district, accredited nonpublic
11school, area education agency, or preschool program established
12pursuant to chapter 256C.
13 Sec. 76. Section 256.151, subsection 1, Code 2024, is
14amended to read as follows:
151. A license issued under board authority is valid for
16the period of time for which it is issued, unless the license
17is suspended or revoked. Except as provided in section
18256.146, subsection 1, paragraph “a”, subparagraph (2),
19permanent licenses shall not be issued. A person employed as
20a practitioner shall hold a valid license with an endorsement
21for the type of service for which the person is employed.
22This section does not limit the duties or powers of a school
23board to select or discharge practitioners or to terminate
24practitioners’ contracts. A professional development program,
25except for a program offered by a practitioner preparation
26institution or area education agency and approved by the state
27board of education, must possess a valid license for the types
28of programs offered.
29 Sec. 77. Section 256.160, subsection 1, paragraph a,
30subparagraph (1), unnumbered paragraph 1, Code 2024, is amended
31to read as follows:
32The board of directors of a school district or the executive
33director of an area education agency, the superintendent of a
34school district, the chief administrator of an area education
35agency, and the authorities in charge of an accredited
-61-1nonpublic school shall report to the board any instance of
2disciplinary action taken against a licensed school employee by
3the board of directors of the school district or the executive
4director of an area education agency, the superintendent of the
5school district, the chief administrator of the area education
6agency, or the authorities in charge of the accredited
7nonpublic school for conduct constituting any of the following:
8 Sec. 78. Section 256.160, subsection 1, paragraph a,
9subparagraph (2), Code 2024, is amended to read as follows:
10(2) The board of directors of a school district or area
11education agency, the superintendent of a school district, the
12chief administrator executive director of an area education
13agency, and the authorities in charge of an accredited
14nonpublic school shall report to the board the nonrenewal or
15termination, for reasons of alleged or actual misconduct,
16of a person’s contract executed under sections 279.12,
17279.13, 279.15, 279.16, 279.18 through 279.21, 279.23, and
18279.24, and the resignation of a person who holds a license,
19certificate, or authorization issued by the board as a result
20of or following an incident or allegation of misconduct that,
21if proven, would constitute a violation of the rules adopted
22by the board to implement section 256.146, subsection 13,
23paragraph “b”, subparagraph (1); soliciting, encouraging, or
24consummating a romantic or otherwise inappropriate relationship
25with a student; falsifying student grades, test scores,
26or other official information or material; or converting
27public property or funds to the personal use of the school
28employee, when the board or reporting official has a good
29faith belief that the incident occurred or the allegation is
30true. The board may deny a license or revoke the license
31of an administrator if the board finds by a preponderance
32of the evidence that the administrator failed to report the
33termination or resignation of a school employee holding a
34license, certificate, statement of professional recognition,
35or coaching authorization, for reasons of alleged or actual
-62-1misconduct, as defined by this section.
2 Sec. 79. Section 256.165, subsection 6, Code 2024, is
3amended to read as follows:
46. The state board of education shall work with institutions
5of higher education, private colleges and universities,
6community colleges, area education agencies, and professional
7organizations to ensure that the courses and programs required
8for authorizations under this section are offered throughout
9the state at convenient times and at a reasonable cost.
10 Sec. 80. Section 256B.8, subsection 2, Code 2024, is amended
11to read as follows:
122. An area education agency executive director of special
13education may request approval from the department of education
14to continue the special education program of a person beyond
15the period specified in section 256B.2, subsection 1, paragraph
16“a”, if the person had an accident or prolonged illness that
17resulted in delays in the initiation of or interruptions in
18that person’s special education program. Approval may be
19granted by the department to continue the special education
20program of that person for up to three years or until the
21person’s twenty-fourth birthday.
22 Sec. 81. Section 256B.9, subsection 5, Code 2024, is amended
23to read as follows:
245. The division of special education shall audit the reports
25required in section 273.5 to determine that all children in the
26area who have been identified as requiring special education
27have received the appropriate special education instructional
28and support services, and to verify the proper identification
29of pupils in the area who will require special education
30instructional services during the school year in which the
31report is filed. The division shall certify to the director
32of the department of management the correct total enrollment
33of each school district in the state, determined by applying
34the appropriate pupil weighting index to each child requiring
35special education, as certified by the directors of special
-63-1education in executive director of each area education agency.
2DIVISION VI
3SCHOOLS — REORGANIZATION OF SCHOOL DISTRICTS — CONFORMING
4CHANGES
5 Sec. 82. Section 257.9, subsection 3, Code 2024, is amended
6to read as follows:
73. Special education support services state cost per pupil
8for 1991-1992. For the budget year beginning July 1, 1991, for
9the special education support services state cost per pupil,
10the department of management shall divide the total of the
11approved budgets of the area education agencies for special
12education support services for that year approved by the state
13board of education under section 273.3, subsection 12 9, by
14the total of the weighted enrollment for special education
15support services in the state for the budget year. The special
16education support services state cost per pupil for the budget
17year is the amount calculated by the department of management
18under this subsection.
19 Sec. 83. Section 257.10, subsection 3, Code 2024, is amended
20to read as follows:
213. Special education support services district cost per
22pupil for 1991-1992. For the budget year beginning July 1,
231991, for the special education support services district
24cost per pupil, the department of management shall divide the
25approved budget of each area education agency for special
26education support services for that year approved by the state
27board of education, under section 273.3, subsection 12 9, by
28the total of the weighted enrollment for special education
29support services in the area for that budget year. The
30special education support services district cost per pupil for
31each school district in an area for the budget year is the
32amount calculated by the department of management under this
33subsection.
34 Sec. 84. Section 257.42, subsections 1 and 4, Code 2024, are
35amended to read as follows:
-64- 11. Boards of school districts, individually or jointly
2with the boards of other school districts, shall annually
3submit program plans for gifted and talented children programs
4and budget costs to the department of education and to the
5applicable gifted and talented children advisory council, if
6an advisory council has been established, as provided in this
7chapter.
84. The department of education shall adopt rules under
9chapter 17A relating to the administration of this section
10and sections 257.43 through 257.49 257.46. The rules shall
11prescribe the format of program plans submitted under section
12257.43 and shall require that programs fulfill specified
13objectives. The department shall encourage and assist school
14districts to provide programs for gifted and talented children.
15 Sec. 85. Section 274.13, Code 2024, is amended to read as
16follows:
17274.13 Attaching territory to adjoining corporation.
18In any case where, by reason of natural obstacles, any
19portion of the inhabitants of any school corporation in the
20opinion of the area education agency administrator director of
21the department of education cannot with reasonable facility
22attend school in their own corporation, the area education
23agency administrator director shall, by a written order, in
24duplicate, attach the part thus affected to an adjoining school
25corporation, the board of the same consenting thereto, one copy
26of which order shall be at once transmitted to the secretary of
27each corporation affected thereby, who shall record the same
28and make the proper designation on the plat of the corporation.
29Township or county lines shall not be a bar to the operation of
30this section.
31 Sec. 86. Section 274.14, Code 2024, is amended to read as
32follows:
33274.14 Restoration.
34When the natural obstacles by reason of which territory
35has been set off by the area education agency administrator
-65-1 director of the department of education from one school
2district and attached to another in the same or an adjoining
3county, as provided in section 274.13, have been removed, such
4territory may, upon the concurrence of the respective boards,
5be restored to the school district from which set off and shall
6be so restored by said boards upon the written application of
7two-thirds of the electors residing upon the territory so set
8off together with the concurrence of the area education agency
9administrator director and the board of the school district
10from which such territory was originally set off by the said
11administrator director.
12 Sec. 87. Section 274.37, subsection 1, Code 2024, is amended
13to read as follows:
141. The boundary lines of contiguous school corporations
15may be changed by the concurrent action of the respective
16boards of directors at their regular meetings in July, or at
17special meetings called for that purpose. Such concurrent
18action shall be subject to the approval of the area education
19agency board director of the department of education but such
20concurrent action shall stand approved if the board director
21 does not disapprove such concurrent action within thirty days
22following receipt of notice thereof. The corporation from
23which territory is detached shall, after the change, contain
24not less than four government sections of land.
25 Sec. 88. Section 274.40, Code 2024, is amended to read as
26follows:
27274.40 Vesting of powers to convey.
28Whenever a majority of the directors of any school district
29affected as in section 274.39 have moved from such district and
30have ceased to be residents thereof thereby creating vacancies
31on the school board and reducing it to less than a quorum,
32the powers vested by said section in the board of directors
33shall vest in the area education agency board director of the
34department of education and the instrument of conveyance shall
35be executed on behalf of such school district by the president
-66-1of the area education agency board director of the department
2of education until an election is called pursuant to chapter
3277.
4 Sec. 89. Section 275.1, subsection 3, Code 2024, is amended
5to read as follows:
63. If a district is attached, division of assets and
7liabilities shall be made as provided in sections 275.29
8through and 275.31. The area education agency boards director
9of the department of education shall develop detailed studies
10and surveys of the school districts within the area education
11agency and all adjacent territory for the purpose of providing
12for reorganization of school districts in order to effect more
13economical operation and the attainment of higher standards
14of education in the schools. The plans shall be revised
15periodically to reflect reorganizations which may have taken
16place in the area education agency within the impacted area and
17adjacent territory.
18 Sec. 90. Section 275.2, subsection 1, unnumbered paragraph
191, Code 2024, is amended to read as follows:
20The scope of the studies and surveys shall include all of
21the following matters in the various districts in the area
22education agency and all adjacent districts adjacent to the
23area education agency:
24 Sec. 91. Section 275.2, subsection 2, Code 2024, is amended
25to read as follows:
262. The plans shall also include suggested alternate plans
27that incorporate the school districts in the area education
28agency into reorganized districts that meet the enrollment
29standards specified in section 275.3 and may include alternate
30plans proposed by school districts for sharing programs
31under section 28E.9, 256.13, 280.15, 282.7, or 282.10 as an
32alternative to school reorganization.
33 Sec. 92. Section 275.3, Code 2024, is amended to read as
34follows:
35275.3 Minimum size.
-67- 1No new school district shall be planned by an area education
2agency board nor shall any proposal for creation or enlargement
3of any school district be approved by an area education agency
4board or submitted to electors unless there reside within
5the proposed limits of such district at least three hundred
6persons of school age who were enrolled in public schools
7in the preceding school year. Provided, however, that the
8director of the department of education shall have authority to
9grant permission to an area education agency board to approve
10the formation or enlargement of a school district containing
11a lower school enrollment than required in this section on
12the written request of such area education agency board the
13school districts that will be affected by such formation or
14enlargement if such request is accompanied by evidence tending
15to show that sparsity of population, natural barriers or
16other good reason makes it impracticable to meet the school
17enrollment requirement.
18 Sec. 93. Section 275.4, Code 2024, is amended to read as
19follows:
20275.4 Studies, surveys, and plans.
211. a. In developing studies and surveys, the area education
22agency board director of the department of education shall
23consult with the officials of school districts in the area and
24other citizens, shall from time to time hold public hearings,
25and may employ such research and other assistance as it
26 the director may determine reasonably necessary in order to
27properly carry on its the survey and prepare definite plans of
28reorganization.
29b. In addition, the area education agency board shall
30consult with the director of the department of education in
31the development of surveys and plans. The director of the
32department of education shall provide assistance to the area
33education agency boards as requested and shall advise the area
34education agency boards concerning plans of contiguous area
35education agencies and the reorganization policies adopted by
-68-1the state board of education.
22. Completed plans shall be transmitted by the area
3education agency board to the director of the department of
4education.
5 Sec. 94. Section 275.5, Code 2024, is amended to read as
6follows:
7275.5 Proposals for merger or consolidation.
8A proposal for merger, consolidation, or boundary change of
9local school districts shall first be submitted to the area
10education agency board director of the department of education
11 following the procedure prescribed in this chapter. Following
12receipt of a petition pursuant to section 275.12, the area
13education agency board director of the department of education
14 shall review its the plans and determine whether the petition
15complies with the plans which had been adopted by the board
16 director. If the petition does not comply with the plans
17which had been adopted by the board, the board department of
18education shall conduct further surveys pursuant to section
19275.4 prior to the date set for the hearing upon the petition.
20If further surveys have been conducted by the board department
21of education, the board department shall present the results of
22the further surveys at the hearing upon the petition.
23 Sec. 95. Section 275.6, Code 2024, is amended to read as
24follows:
25275.6 Progressive program.
26It is the intent of this chapter that the area education
27agency board director of the department of education shall
28carry on the program of reorganization progressively and shall,
29insofar as is possible, authorize submission of proposals to
30the electors as they are developed and approved.
31 Sec. 96. Section 275.7, Code 2024, is amended to read as
32follows:
33275.7 Budget.
34The area education agency board director of the department
35of education shall include in the budget submitted each year
-69-1such sums as it the director deems necessary to carry on its
2 the reorganization work under this chapter.
3 Sec. 97. Section 275.8, subsection 1, paragraphs a and b,
4Code 2024, are amended to read as follows:
5a. Preparation of a written joint plan by two or more
6school districts in which contiguous territory in two or more
7area education agencies is considered as a part of a potential
8school district in the area education agency on behalf of which
9such plan is filed with the department of education by the area
10education agency board.
11b. Adoption of the written joint plan at a joint session of
12the several area education agency boards of directors of school
13districts in whose areas the territory is situated. A quorum
14of each of the boards is necessary to transact business. Votes
15shall be taken in the manner prescribed in section 275.16.
16 Sec. 98. Section 275.8, subsection 2, paragraph d, Code
172024, is amended to read as follows:
18d. An affidavit signed on behalf of each of said boards
19of directors of area education agencies by a member of such
20board the director of the department of education stating the
21boundaries as shown on such plat have been agreed upon by the
22respective boards as are a part of the overall plan of school
23district reorganization of each such school.
24 Sec. 99. Section 275.8, subsection 3, Code 2024, is amended
25to read as follows:
263. Planning of joint districts shall be conducted in
27the same manner as planning for single districts, except as
28provided in this section. Studies and surveys relating to
29the planning of joint districts shall be filed with the area
30education agency in which one of the districts is located
31 director of the department of education by the board of
32directors of the school district which has the greatest taxable
33property base in the areas where the territory is situated. In
34the case of controversy over the planning of joint districts,
35the matter shall be submitted to the director of the department
-70-1of education. Judicial review of the director’s decision
2may be sought in accordance with the terms of the Iowa
3administrative procedure Act, chapter 17A. Notwithstanding the
4terms of that Act, petitions for judicial review must be filed
5within thirty days after the decision of the director.
6 Sec. 100. Section 275.9, subsection 2, Code 2024, is amended
7to read as follows:
82. The provisions of sections 275.1 through 275.5, relating
9to studies, surveys, hearings and adoption of plans shall
10constitute a mandatory prerequisite to the effectuation of
11any proposal for district boundary change. It shall be the
12mandatory duty of the area education agency board director of
13the department of education to dismiss the petition if the
14above provisions are not complied with fully.
15 Sec. 101. Section 275.11, Code 2024, is amended to read as
16follows:
17275.11 Proposals involving two or more districts.
18Subject to the approval of the area education agency
19board director of the department of education, contiguous or
20marginally adjacent territory located in two or more school
21districts may be united into a single district in the manner
22provided in sections 275.12 through 275.18, 275.20, and 275.22.
23 Sec. 102. Section 275.12, subsections 1 and 4, Code 2024,
24are amended to read as follows:
251. A petition describing the boundaries, or accurately
26describing the area included therein by legal descriptions,
27of the proposed district, which boundaries or area described
28shall conform to plans developed or the petition shall request
29change of the plan, shall be filed with the area education
30agency administrator of the area education agency in which the
31greatest number of registered voters reside director of the
32department of education. However, the area education agency
33administrator director of the department of education shall
34not accept a petition if any of the school districts affected
35have approved the issuance of general obligation bonds at
-71-1an election pursuant to section 296.6 during the preceding
2six-month period. The petition shall be signed by eligible
3electors residing in each existing school district or portion
4affected equal in number to at least twenty percent of the
5number of registered voters in the school district or portion
6affected, or four hundred eligible electors, whichever is the
7smaller number.
84. The area education agency board director of the
9department of education in reviewing the petition as provided
10in sections section 275.15 and 275.16 shall review the proposed
11method of election of school directors and may change or amend
12the plan in any manner, including to specify a different
13method of electing school directors as may be required by
14law, justice, equity, and the interest of the people. In
15the action, the area education agency board director of the
16department of education shall follow the same procedure as is
17required by sections section 275.15 and 275.16 for other action
18on the petition by the area education agency board director.
19 Sec. 103. Section 275.12, subsection 5, paragraphs a and b,
20Code 2024, are amended to read as follows:
21a. The area education agency board director of the
22department of education in reviewing a petition as provided
23in sections section 275.15 and 275.16 that is not subject to
24the division of assets and liabilities provisions in sections
25275.29 through and 275.31 shall review the proposal for
26dividing liability for payment of outstanding bonds issued
27under section 423E.5 or 423F.4, required to be included under
28section 275.28, and may change or amend the proposal in any
29manner, including to specify a different division for the
30reorganized districts or a different method of payment or
31retirement of the bonds as may be required by law, justice,
32equity, and the interest of the people. The review conducted
33by the area education agency director of the department of
34education, including any resulting change to the proposal,
35shall ensure that the reorganized district’s estimated revenue
-72-1under section 423F.2 is sufficient for the payment of principal
2and interest on the outstanding bonds required to be paid in
3the budget year following the reorganization.
4b. For bonds issued under section 423E.5 or 423F.4, the
5approval of the reorganization at election creates a lien on
6the revenues from the secure an advanced vision for education
7fund received by the reorganized district designated in the
8proposal approved by the area education agency director of
9the department of education, subject to the same priority as
10provided by the affected school district that issued the bonds.
11 Sec. 104. Section 275.14, Code 2024, is amended to read as
12follows:
13275.14 Objection — time of filing — notice.
141. Within ten days after the petition is filed, the area
15education agency administrator director of the department of
16education shall fix a final date for filing objections to the
17petition which shall be not more than sixty days after the
18petition is filed and shall fix the date for a hearing on the
19objections to the petition. Objections shall be filed in
20the office of the administrator who with the department of
21education, which shall give notice at least ten days prior
22to the final day for filing objections, by one publication
23in a newspaper published within the territory described in
24the petition, or if none is published in the territory, in a
25newspaper published in the county where the petition is filed,
26and of general circulation in the territory described. The
27notice shall also list the date, time, and location for the
28hearing on the petition as provided in section 275.15. The
29cost of publication shall be assessed to each district whose
30territory is involved in the ratio that the number of pupils
31in basic enrollment for the budget year, as defined in section
32257.6 in each district bears to the total number of pupils
33in basic enrollment for the budget year in the total area
34involved. Objections shall be in writing in the form of an
35affidavit and may be made by any person residing or owning land
-73-1within the territory described in the petition, or who would
2be injuriously affected by the change petitioned for and shall
3be on file not later than 12:00 noon of the final day fixed for
4filing objections.
52. Objection forms shall be prescribed by the department of
6education and may be obtained from the area education agency
7administrator department. Objection forms that request that
8property be removed from a proposed district shall include the
9correct legal description of the property to be removed.
10 Sec. 105. Section 275.15, Code 2024, is amended to read as
11follows:
12275.15 Hearing — decision — publication — appeal.
131. At the hearing, which shall be held within ten days of
14the final date set for filing objections, interested parties,
15both petitioners and objectors, may present evidence and
16arguments, and the area education agency board director of
17the department of education shall review the matter on its
18merits and within ten days after the conclusion of any hearing,
19shall rule on the objections and shall enter an order fixing
20the boundaries for the proposed school corporation as will
21in its the director’s judgment be for the best interests of
22all parties concerned, having due regard for the welfare of
23adjoining districts, or dismiss the petition.
242. The area education agency board director of the
25department of education, when entering the order fixing the
26boundaries, shall consider all available evidence including,
27but not limited to, information presented by the petitioners,
28all objections requesting territory exclusion, reorganization
29studies and plans, geographical patterns evidenced by students
30using open enrollment to attend school in another district
31pursuant to section 282.18, potential travel distances required
32of students, and geographic configuration of the proposed
33district. The exclusion of territory shall represent a balance
34between the rights of the objectors and the welfare of the
35reorganized district.
-74- 13. If the petition is not dismissed and the board director
2of the department of education determines that additional
3information is required in order to fix boundary lines of the
4proposed school corporation, the board director may continue
5the hearing for no more than thirty days. The date of the
6continued hearing shall be announced at the original meeting.
7Additional objections in the form required in section 275.14
8may be considered if filed with the administrator director of
9the department of education within five days, not including
10Saturdays, Sundays, or holidays, after the date of the original
11board hearing. If the hearing is continued, the area education
12agency administrator director of the department of education
13 may conduct one or more meetings with the boards of directors
14of the affected districts. Notice of any such meeting must
15be given at least forty-eight hours in advance by the area
16education agency administrator director of the department of
17education in the manner provided in section 21.4. The area
18education agency board may request that the administrator make
19alternative recommendations regarding the boundary lines of the
20proposed school corporation. The area education agency board
21 director of the department of education shall make a decision
22on the boundary lines within ten days following the conclusion
23of the continued hearing.
244. The administrator director of the department of
25education shall at once publish the decision in the same
26newspaper in which the original notice was published. Within
27twenty days after the publication, the decision rendered by
28the area education agency board director of the department of
29education may be appealed to the district court in the county
30involved by any school district affected. For purposes of
31appeal, only those school districts who filed reorganization
32petitions are school districts affected. An appeal from a
33decision of an area education agency board or joint area
34education agency boards the director of the department of
35education under section 275.4, 275.16, or this section is
-75-1subject to appeal procedures under this chapter and is not
2subject to appeal under chapter 290.
3 Sec. 106. Section 275.17, Code 2024, is amended to read as
4follows:
5275.17 Filing a petition.
6If an area education agency board the director of the
7department of education does not approve the change in
8boundaries of school districts in accordance with a petition, a
9petition describing the identical or similar boundaries shall
10not be filed for a period of six months following the date
11of the hearing or the vote of the board, whichever is later
12 director publishes the director’s decision pursuant to section
13275.15, subsection 4.
14 Sec. 107. Section 275.18, Code 2024, is amended to read as
15follows:
16275.18 Special election called — time.
171. When the boundaries of the territory to be included in
18a proposed school corporation and the number and method of
19the election of the school directors of the proposed school
20corporation have been determined as provided in this chapter,
21the area education agency administrator with whom the petition
22is filed director of the department of education shall give
23written notice of the election to the county commissioner of
24elections of the county in the proposed school corporation
25which has the greatest taxable base. The question shall be
26submitted to the voters at an election held on a date specified
27in section 39.2, subsection 4, paragraph “c” in the calendar
28year prior to the calendar year in which the reorganization
29will take effect.
302. The county commissioner of elections shall give notice
31of the election by one publication in the same newspaper in
32which previous notices have been published regarding the
33proposed school reorganization, and in addition, if more than
34one county is involved, by one publication in a legal newspaper
35in each county other than that of the first publication. The
-76-1publication shall be not less than four nor more than twenty
2days prior to the election. If the decision published pursuant
3to section 275.15 or 275.16 includes a description of the
4proposed school corporation and a description of the director
5districts, if any, the notice for election and the ballot do
6not need to include these descriptions. Notice for an election
7shall not be published until the expiration of time for appeal,
8which shall be the same as that provided in section 275.15 or
9275.16, whichever is applicable; and if there is an appeal, not
10until the appeal has been disposed of.
113. The area education agency administrator director of the
12department of education shall furnish to the commissioner a
13map of the proposed reorganized area which must be approved by
14the commissioner as suitable for posting. The map shall be
15displayed prominently in at least one place within the voting
16precinct, and inside each voting booth.
17 Sec. 108. Section 275.22, Code 2024, is amended to read as
18follows:
19275.22 Canvass and return.
20The canvass shall be conducted pursuant to section
2150.24. The county commissioner of elections or controlling
22commissioner shall certify the results of the election to the
23area education agency administrator director of the department
24of education. If the majority of the votes cast by the
25registered voters is in favor of the proposition, as provided
26in section 275.20, a new school corporation shall be organized.
27If the majority of votes cast is opposed to the proposition,
28a new petition describing the identical or similar boundaries
29shall not be filed for at least six months from the date of
30the election. If territory is excluded from the reorganized
31district, action pursuant to section 274.37 shall be taken
32prior to the effective date of reorganization. The secretary
33of the new school corporation shall file a written description
34of the boundaries as provided in section 274.4.
35 Sec. 109. Section 275.23A, subsection 2, Code 2024, is
-77-1amended to read as follows:
22. Following each federal decennial census the school
3board shall determine whether the existing director district
4boundaries meet the standards in subsection 1 according to
5the most recent federal decennial census. In addition to the
6authority granted to voters to change the number of directors
7or method of election as provided in sections 275.35, 275.36,
8and 278.1, the board of directors of a school district may,
9following a federal decennial census, by resolution and
10in accordance with this section, authorize a change in the
11method of election as set forth in section 275.12, subsection
122, or a change to either five or seven directors after the
13board conducts a hearing on the resolution. If the board
14proposes to change the number of directors from seven to five
15directors, the resolution shall include a plan for reducing
16the number of directors. If the board proposes to increase
17the number of directors to seven directors, two directors
18shall be added according to the procedure described in section
19277.23, subsection 2. If necessary, the board of directors
20shall redraw the director district boundaries. The director
21district boundaries shall be described in the resolution
22adopted by the school board. The resolution shall be adopted
23no earlier than November 15 of the second year immediately
24following the year in which the federal decennial census is
25taken and no later than May 15 of the third year immediately
26following the year in which the federal decennial census
27is taken. A copy of the plan shall be filed with the area
28education agency administrator of the area education agency in
29which the school’s electors reside director of the department
30of education. If the board does not provide for an election
31as provided in sections 275.35, 275.36, and 278.1 and adopts
32a resolution to change the number of directors or method of
33election in accordance with this subsection, the district
34shall change the number of directors or method of election as
35provided unless, within twenty-eight days following the action
-78-1of the board, the secretary of the board receives a petition
2containing the required number of signatures, asking that an
3election be called to approve or disapprove the action of
4the board in adopting the resolution. The petition must be
5signed by eligible electors equal in number to not less than
6one hundred or thirty percent of the number of voters at the
7last preceding regular school election, whichever is greater.
8The board shall either rescind its action or direct the
9county commissioner of elections to submit the question to the
10registered voters of the school district at an election held
11on a date specified in section 39.2, subsection 4, paragraph
12“c”. If a majority of those voting on the question at the
13election favors disapproval of the action of the board, the
14district shall not change the number of directors or method of
15election. If a majority of those voting on the question does
16not favor disapproval of the action, the board shall certify
17the results of the election to the department of management and
18the district shall change the number of directors or method of
19election as provided in this subsection. At the expiration of
20the twenty-eight-day period, if no petition is filed, the board
21shall certify its action to the department of management and
22the district shall change the number of directors or method of
23election as provided in this subsection.
24 Sec. 110. Section 275.25, subsection 1, paragraph a, Code
252024, is amended to read as follows:
26a. If the proposition to establish a new school district
27carries under the method provided in this chapter, the area
28education agency administrator with whom the petition was filed
29 director of the department of education shall give written
30notice of a proposed date for a special election for directors
31of the newly formed school district to the commissioner
32of elections of the county in the district involved in the
33reorganization which has the greatest taxable base. The
34proposed date shall be as soon as possible pursuant to section
3539.2, subsections 1 and 2, and section 47.6, subsections 1
-79-1and 2, but not later than the third Tuesday in January of the
2calendar year in which the reorganization takes effect.
3 Sec. 111. Section 275.25, subsection 2, paragraph b, Code
42024, is amended to read as follows:
5b. The county board of supervisors shall canvass the votes
6and the county commissioner of elections shall report the
7results to the area education agency administrator director of
8the department of education who shall notify the persons who
9are elected directors.
10 Sec. 112. Section 275.25, subsection 4, Code 2024, is
11amended to read as follows:
124. The board of the newly formed district shall organize
13within fifteen days after the special election upon the call
14of the area education agency administrator director of the
15department of education. The new board shall have control of
16the employment of personnel for the newly formed district for
17the next following school year under section 275.33. Following
18the first organizational meeting of the board of the newly
19formed district, the board may establish policy, organize
20curriculum, enter into contracts, complete planning, and take
21action as necessary for the efficient management of the newly
22formed community school district.
23 Sec. 113. Section 275.26, Code 2024, is amended to read as
24follows:
25275.26 Payment of expenses.
261. If a district is established or changes its boundaries it
27shall pay all expenses incurred by the area education agency
28administrator and the area education agency board department
29of education in connection with the proceedings. The county
30commissioner of elections shall assess the costs of the
31election against the district as provided in section 47.3. If
32the proposition is dismissed or defeated at the election, all
33expenses shall be apportioned among the several districts in
34proportion to the assessed valuation of property therein.
352. If the proposed district or boundary change embraces
-80-1territory in more than one area education agency school
2district, such expenses shall be certified to and, if
3necessary, apportioned among the several districts by the joint
4agency board director of the department of education. If in
5only one agency, the certification shall be made by the agency
6administrator.
73. The respective boards to which such expenses are
8certified shall audit and order the same paid from the general
9fund. In the event of failure of any board to so audit and
10pay the expenses certified to it, the area education agency
11administrator director of the department of education shall
12certify the expenses to the county auditor in the same manner
13as is provided for tuition claims in section 282.21 and the
14funds shall be transferred by the county treasurer from the
15debtor district to the agency board department of education for
16payment of said expenses.
17 Sec. 114. Section 275.28, Code 2024, is amended to read as
18follows:
19275.28 Plan of division of assets and liabilities.
20In addition to setting up the territory to comprise the
21reorganized districts, a reorganization petition shall provide
22for a division of assets and liabilities of the districts
23affected among the reorganized districts. However, if
24territory is excluded from the reorganized district by the
25petition or by the area education agency board of directors
26 director of the department of education, the division of all
27assets and liabilities shall be made under the provisions of
28sections 275.29 through and 275.31.
29 Sec. 115. Section 275.39, Code 2024, is amended to read as
30follows:
31275.39 Excluded territory included in new petition.
32Territory described in the petition of a proposed
33reorganization which has been set out of the proposed
34reorganization by the area education agency board or the joint
35boards and in the event of an appeal, after the decision of the
-81-1director of the department of education or the courts, may be
2included in any new petition for reorganization.
3 Sec. 116. Section 275.41, subsections 1 and 4, Code 2024,
4are amended to read as follows:
51. As an alternative to the method specified in section
6275.25 for electing directors in a newly formed community
7school district, the procedure specified in this section may
8be used and if used, the petition filed under section 275.12
9shall state the number of directors on the initial board.
10If two districts are named in the petition, either five or
11seven directors shall serve on the initial board. If three
12or more districts are named in the petition, either seven or
13nine directors shall serve on the initial board. The petition
14shall specify the number of directors to be retained from each
15district, and those numbers shall be proportionate to the
16populations of the districts. If the exclusion of territory
17from a reorganization affects the proportionate balance
18of directors among the affected districts specified in the
19petition, or if the proposal specified in the petition does not
20comply with the requirement for proportionate representation,
21the area education board director of the department of
22education shall modify the proposal. However, all districts
23affected shall retain at least one member.
244. The board of the newly formed district shall organize
25within forty-five days after the approval of the merger upon
26the call of the area education agency administrator director
27of the department of education. The new board shall have
28control of the employment of all personnel for the newly
29formed district for the ensuing school year. Following the
30organization of the new board the board shall have authority to
31establish policy, organize curriculum, enter into contracts and
32complete such planning and take such action as is essential for
33the efficient management of the newly formed community school
34district.
35 Sec. 117. Section 275.51, subsection 4, Code 2024, is
-82-1amended to read as follows:
24. The board of the school district shall certify to
3the area education agency board director of the department
4of education that a commission has been formed, the
5names and addresses of commission members, and that the
6commission members represent the various geographic areas and
7socioeconomic factors present in the district.
8 Sec. 118. Section 275.52, subsection 3, Code 2024, is
9amended to read as follows:
103. The commission may seek assistance from the area
11education agency and the department of education.
12 Sec. 119. Section 275.54, subsection 4, paragraph a, Code
132024, is amended to read as follows:
14a. If the board of a district to which area of the
15dissolving school district will be attached objects to
16the division of assets and liabilities contained in the
17dissolution proposal, the matter shall be decided by a panel
18of disinterested arbitrators. The panel shall consist of one
19arbitrator selected jointly by affected districts objecting
20to the provisions of the dissolution proposal, one selected
21jointly by the affected districts in favor of the provisions of
22the dissolution proposal, and one selected by the dissolving
23district. If the number of arbitrators selected is even, a
24disinterested arbitrator shall be selected by the administrator
25of the area education agency to which the dissolving district
26belongs director of the department of education. The decision
27of the arbitrators shall be made in writing and filed with
28the secretary of each affected school district. A party to
29the proceedings may appeal the decision to the district court
30by serving notice on the secretary of each affected school
31district within twenty days after the decision is filed.
32The appeal shall be tried in equity and a decree entered
33determining the entire matter, including the levy, collection,
34and distribution of any necessary taxes.
35 Sec. 120. Section 276.10, subsection 5, Code 2024, is
-83-1amended to read as follows:
25. The school districts may cooperate with community
3colleges, and institutions under the control of the state board
4of regents, and area education agencies in providing community
5education programs.
6 Sec. 121. Section 279.6, subsection 1, paragraph b,
7subparagraph (4), Code 2024, is amended to read as follows:
8(4) Notwithstanding any requirement of this paragraph to
9the contrary, when the board is reduced below a quorum, the
10secretary of the board, or if there is no secretary, the area
11education agency administrator director of the department of
12education, shall call a special election in the district,
13subdistrict, or subdistricts, as the case may be, to fill the
14vacancies.
15 Sec. 122. Section 279.7, subsection 1, Code 2024, is amended
16to read as follows:
171. If a vacancy or vacancies occur among the elective
18officers or members of a school board and the remaining members
19of the board have not filled the vacancy within thirty days
20after the vacancy occurs or if a valid petition is submitted
21to the secretary of the board pursuant to section 279.6,
22subsection 1, or when the board is reduced below a quorum,
23the secretary of the board, or if there is no secretary,
24the area education agency administrator director of the
25department of education, shall call a special election in the
26district, subdistrict, or subdistricts, as the case may be,
27to fill the vacancy or vacancies. The county commissioner of
28elections shall publish the notices required by law for special
29elections, and the election shall be held not sooner than
30thirty days nor later than forty days after the thirtieth day
31following the day the vacancy occurs. If the secretary fails
32for more than three days to call an election, the administrator
33 director of the department of education shall call it.
34 Sec. 123. Section 279.23, subsection 4, Code 2024, is
35amended to read as follows:
-84- 14. For purposes of this section and sections 279.23A,
2279.24, and 279.25, the term “administrator” includes school
3superintendents, assistant superintendents, educational
4directors employed by school districts for grades kindergarten
5through twelve, educational directors employed by area
6education agencies under chapter 273, principals, assistant
7principals, other certified school supervisors employed
8by school districts for grades kindergarten through twelve
9as defined under section 20.4, and other certified school
10supervisors employed by area education agencies under chapter
11273. For purposes of this section and sections 279.23A,
12279.24, and 279.25, with regard to community college employees,
13“administrator” includes the administrator of an instructional
14division or an area of instructional responsibility, and the
15administrator of an instructional unit, department, or section.
16 Sec. 124. Section 279.30, Code 2024, is amended to read as
17follows:
18279.30 Payments — exceptions.
19Each payment must be made payable to the person entitled to
20receive the money or deposited directly into an account at a
21financial institution, as defined in section 527.2, specified
22by the person entitled to receive the money. The board of
23directors of a school district or an executive director of
24an area education agency may by resolution authorize the
25secretary, upon approval of the superintendent or designee,
26or administrator executive director, in the case of an area
27education agency, to issue payments when the board of directors
28is not in session in payment of reasonable and necessary
29expenses, but only upon verified bills filed with the secretary
30or administrator executive director, and for the payment of
31salaries pursuant to the terms of a written contract. Each
32payment must be made payable only to the person performing
33the service or presenting the verified bill, and must state
34the purpose for which the payment is issued. All bills and
35salaries for which payments are issued prior to audit and
-85-1allowance by the board must be passed upon by the board of
2directors at the next meeting and be entered in the regular
3minutes of the secretary.
4 Sec. 125. Section 279.50, subsection 8, Code 2024, is
5amended by striking the subsection.
6 Sec. 126. Section 279.51, subsection 1, paragraph a, Code
72024, is amended to read as follows:
8a. Two hundred seventy-five thousand eight hundred
9sixty-four dollars of the funds appropriated shall be allocated
10to the area education agencies child development coordinating
11council to assist school districts in developing program plans
12and budgets under this section and to assist school districts
13and child development programs under section 256A.3 in meeting
14other responsibilities in early childhood education.
15 Sec. 127. Section 279.51A, subsection 3, Code 2024, is
16amended to read as follows:
173. If the student whose behavior caused the classroom
18clearance has an individualized education program or a
19behavioral intervention plan, the classroom teacher shall call
20for and be included in a review and potential revision of
21the student’s individualized education program or behavioral
22intervention plan by the student’s individualized education
23program team. The area education agency, in collaboration
24with the school district and area education agency, if the
25area education agency is providing special education services
26to the school district pursuant to section 273.7A, may,
27when the parent or guardian meets with the individualized
28education program team during the reevaluation of the student’s
29individualized education program, inform the parent or guardian
30of individual or family counseling services available in the
31area.
32 Sec. 128. Section 280.19A, subsections 1 and 2, Code 2024,
33are amended to read as follows:
341. Each school district shall adopt a plan to provide
35alternative options education programs to students who are
-86-1either at risk of dropping out or have dropped out. An
2alternative options education program may be provided in a
3district, through a sharing agreement with a school in a
4contiguous district, or through an areawide program available
5at the community college serving the merged area in which
6the school district is located. Each area education agency
7shall provide assistance in establishing a plan to provide
8alternative education options to students attending a public
9school in a district served by the agency.
102. When a plan is developed, the district shall be
11responsible for the operation of the program and shall
12reimburse the area education agency for the actual costs
13incurred by the area education agency under this section.
14 Sec. 129. Section 280.29, subsection 1, paragraph a, Code
152024, is amended to read as follows:
16a. Work with an area education agency child welfare
17liaison, if the area education agency has employed such a
18liaison in accordance with section 273.2, subsection 10 8, to
19develop systems to ease the enrollment transition of a child
20adjudicated under chapter 232 or receiving foster care services
21to another school.
22 Sec. 130. Section 280A.4, subsection 6, Code 2024, is
23amended to read as follows:
246. A school district, an accredited nonpublic school,
25an area education agency, the board of directors of a school
26district or an area education agency, authorities in charge of
27the accredited nonpublic school, and employees of the school
28district, accredited nonpublic school or area education agency,
29shall not be liable for any injury arising from the provision
30of voluntary behavioral health screenings or behavioral health
31services in accordance with this chapter, provided such person
32has acted reasonably and in good faith and in accordance with
33the provisions of this chapter.
34 Sec. 131. Section 282.7, subsection 3, Code 2024, is amended
35to read as follows:
-87- 13. Notwithstanding sections 28E.9 and 282.8, a school
2district may negotiate an agreement under subsection 1 for
3attendance of its pupils in a school district located in a
4contiguous state subject to a reciprocal agreement by the two
5state boards in the manner provided in this subsection. Prior
6to negotiating an agreement with the school district in the
7contiguous state, the board of directors shall file a written
8request with the state board of education for a determination
9whether the school district in the contiguous state meets
10requirements substantially similar to those required for
11accredited or approved school districts in this state and
12the school district receives or has available services
13equivalent to those that would be provided in this state by
14an area education agency. The school district shall also
15obtain approval by the department of education of the sharing
16proposal, before the agreement becomes effective. Six months
17before making the request for approval, the district shall
18request a feasibility study from the department of education.
19If the state board of this state and the corresponding
20state board in the contiguous state agree that the school
21districts of their respective states meet substantially similar
22requirements and have substantially similar services available
23to the school district, and if the Iowa department of education
24approves the proposed contract, the two state boards may sign
25a reciprocal agreement for attendance of their pupils in the
26school district of the other state, subject to the agreement
27signed between the boards of directors of the two districts.
28A school district that negotiates an agreement with a school
29district in a contiguous state under this subsection is not
30eligible for supplementary weighting under section 257.11 as a
31result of that agreement.
32 Sec. 132. Section 284.2, subsection 9, Code 2024, is amended
33to read as follows:
349. “School board” means the board of directors of a school
35district, or a collaboration of boards of directors of school
-88-1districts, or the board of directors of an area education
2agency, as the context requires.
3 Sec. 133. Section 284.3A, subsection 1, paragraphs a and b,
4Code 2024, are amended to read as follows:
5a. For the school year beginning July 1, 2009, if the
6licensed employees of a school district or area education
7agency receiving funds pursuant to sections 257.10 and 257.37A
8are organized under chapter 20 for collective bargaining
9purposes, the school board or the area education agency and
10the certified bargaining representative for the licensed
11employees shall negotiate the distribution of the funds
12among the teachers employed by the school district or area
13education agency according to chapter 20. The department of
14administrative services shall be the chief negotiator for the
15area education agency.
16b. If the licensed employees of a school district or area
17education agency are not organized for collective bargaining
18purposes, the board of directors or the area education agency
19 shall determine the method of distribution of such funds.
20 Sec. 134. Section 284.3A, subsection 2, paragraph c, Code
212024, is amended to read as follows:
22c. If the licensed employees of a school district or area
23education agency are not organized for collective bargaining
24purposes, the board of directors or the area education agency
25 shall create the new combined salary. The board of directors
26or the area education agency shall determine adjustments in
27salaries resulting from a reduction in the teacher salary
28supplement per pupil amount.
29 Sec. 135. Section 284.6, subsections 6 and 10, Code 2024,
30are amended to read as follows:
316. School districts, a consortium of school districts,
32area education agencies, higher education institutions,
33and other public or private entities including professional
34associations may be approved by the state board to provide
35teacher professional development. The professional development
-89-1program or offering shall, at minimum, meet the requirements
2of subsection 1. The state board shall adopt rules for the
3approval of professional development providers and standards
4for the district development plan.
510. If funds are allocated for purposes of professional
6development pursuant to section 284.13, subsection 1, paragraph
7“c”, the department shall, in collaboration with the area
8education agencies, establish teacher development academies for
9school-based teams of teachers and instructional leaders. Each
10academy shall include an institute and shall provide follow-up
11training and coaching.
12 Sec. 136. Section 284.6A, subsection 2, paragraph a, Code
132024, is amended to read as follows:
14a. A school district or accredited nonpublic school, or a
15collaborative of one or more school districts, and accredited
16nonpublic schools, and area education agencies, may apply to
17the department, in the manner prescribed by the department, to
18receive moneys from the fund to provide proven professional
19development activities for Iowa teachers in the area of
20computer science education.
21 Sec. 137. Section 284.13, subsection 1, paragraph d,
22subparagraph (3), Code 2024, is amended to read as follows:
23(3) Of the moneys allocated to the department for the
24purposes of this paragraph “d”, for each fiscal year included
25in subparagraph (1), not more than six hundred twenty-six
26thousand one hundred ninety-one dollars shall be used by
27the department for the development of a delivery system, in
28collaboration with area education agencies, to assist in
29implementing the career paths and leadership roles considered
30pursuant to sections 284.15, 284.16, and 284.17, including but
31not limited to planning grants to school districts and area
32education agencies, technical assistance for the department,
33technical assistance for districts and area education agencies,
34training and staff development, and the contracting of external
35expertise and services. In using moneys allocated for purposes
-90-1of this subparagraph (3), the department shall give priority to
2school districts with certified enrollments of fewer than six
3hundred students. A portion of the moneys allocated annually
4to the department for purposes of this subparagraph (3) may be
5used by the department for administrative purposes and for not
6more than five full-time equivalent positions.
7 Sec. 138. Section 284.13, subsection 1, paragraph f, Code
82024, is amended to read as follows:
9f. For the fiscal year beginning July 1, 2023, and ending
10June 30, 2024, to the department an amount up to six hundred
11twenty-six thousand one hundred ninety-one dollars shall be
12used by the department for a delivery system, in collaboration
13with area education agencies, to assist in implementing the
14career paths and leadership roles considered pursuant to
15sections 284.15, 284.16, and 284.17, including but not limited
16to planning grants to school districts and area education
17agencies, technical assistance for the department, technical
18assistance for districts and area education agencies, training
19and staff development, and the contracting of external
20expertise and services. In using moneys allocated for purposes
21of this paragraph, the department shall give priority to school
22districts with certified enrollments of fewer than six hundred
23students. A portion of the moneys allocated annually to the
24department for purposes of this paragraph may be used by the
25department for administrative purposes and for not more than
26five full-time equivalent positions.
27 Sec. 139. Section 284.15, subsection 12, paragraph a,
28subparagraph (1), subparagraph division (d), Code 2024, is
29amended to read as follows:
30(d) One person appointed jointly by the administrators
31 executive directors of the area education agencies created
32under chapter 273.
33 Sec. 140. Section 284.16, subsection 1, paragraph c,
34subparagraph (4), Code 2024, is amended to read as follows:
35(4) Instructional coaching shall include detailed
-91-1preliminary discussions as to areas in which the teachers
2being coached desire to improve; formulation of an action
3plan to bring about such improvement; in-class supervision
4by the instructional coach; postclass discussion of
5strengths, weaknesses, and strategies for improvement; and
6dialogue between the instructional coach and students and
7school officials regarding the teachers being coached. An
8instructional coach shall coordinate instructional coaching
9activities relating to training and professional development
10with an area education agency where appropriate.
11 Sec. 141. Section 284A.2, subsections 1 and 7, Code 2024,
12are amended to read as follows:
131. “Administrator” means an individual holding a
14professional administrator license issued under chapter
15256, subchapter VII, part 3, who is employed in a school
16district administrative position by a school district or area
17education agency pursuant to a contract issued by a board of
18directors under section 279.23 and is engaged in instructional
19leadership. An administrator may be employed in both an
20administrative and a nonadministrative position by a board of
21directors and shall be considered a part-time administrator
22for the portion of time that the individual is employed in an
23administrative position.
247. “Mentor” means an individual employed by a school
25district or area education agency as a school district
26administrator or a retired administrator who holds a valid
27license issued under chapter 256, subchapter VII, part 3. The
28individual must have a record of four years of successful
29administrative experience and must demonstrate professional
30commitment to both the improvement of teaching and learning and
31the development of beginning administrators.
32 Sec. 142. Section 284A.5, subsections 4 and 5, Code 2024,
33are amended to read as follows:
344. A beginning administrator shall be informed by the school
35district or the area education agency, prior to the beginning
-92-1administrator’s participation in a mentoring and induction
2program, of the criteria upon which the administrator will be
3evaluated and of the evaluation process utilized by the school
4district or area education agency.
55. By the end of a beginning administrator’s first year of
6employment, the beginning administrator may be comprehensively
7evaluated to determine if the administrator meets expectations
8to move to a professional administrator license, where
9appropriate. The school district or area education agency that
10employs a beginning administrator shall recommend the beginning
11administrator for a professional administrator license, where
12appropriate, if the beginning administrator is determined
13through a comprehensive evaluation to demonstrate competence in
14the Iowa standards for school administrators adopted pursuant
15to section 256.7, subsection 27. A school district or area
16education agency may allow a beginning administrator a second
17year to demonstrate competence in the Iowa standards for school
18administrators if, after conducting a comprehensive evaluation,
19the school district or area education agency determines
20that the administrator is likely to successfully demonstrate
21competence in the Iowa standards for school administrators by
22the end of the second year. Upon notification by the school
23district or area education agency, the board of educational
24examiners shall grant a beginning administrator who has been
25allowed a second year to demonstrate competence a one-year
26extension of the beginning administrator’s initial license. An
27administrator granted a second year to demonstrate competence
28shall undergo a comprehensive evaluation at the end of the
29second year.
30 Sec. 143. Section 284A.6, subsections 1 and 2, Code 2024,
31are amended to read as follows:
321. Each school district shall be responsible for the
33provision of professional growth programming for individuals
34employed in a school district administrative position by the
35school district or area education agency as deemed appropriate
-93-1by the board of directors of the school district or area
2education agency. School districts may collaborate with other
3educational stakeholders including other school districts,
4area education agencies, professional organizations, higher
5education institutions, and private providers regarding the
6provision of professional development for school district
7administrators. Professional development programming for
8school district administrators may include support that meets
9the professional development needs of individual administrators
10aligned to the Iowa standards for school administrators adopted
11pursuant to section 256.7, subsection 27, and meets individual
12administrator professional development plans.
132. In cooperation with the administrator’s evaluator,
14the administrator who has a professional administrator
15license issued by the board of educational examiners pursuant
16to chapter 256, subchapter VII, part 3, and is employed
17by a school district or area education agency in a school
18district administrative position shall develop an individual
19administrator professional development plan. The purpose
20of the plan is to promote individual and group professional
21development. The individual plan shall be based, at a minimum,
22on the needs of the administrator, the Iowa standards for
23school administrators adopted pursuant to section 256.7,
24subsection 27, and the student achievement goals of the
25attendance center and the school district.
26 Sec. 144. Section 285.1, subsections 6, 7, 9, and 13, Code
272024, are amended to read as follows:
286. When the school designated for attendance of pupils
29is engaged in the transportation of pupils, the sending or
30designating school shall use these facilities and pay the pro
31rata cost of transportation except that a district sending
32pupils to another school may make other arrangements when it
33can be shown that such arrangements will be more efficient and
34economical than to use facilities of the receiving school,
35providing such arrangements are approved by the board of the
-94-1area education agency.
27. If a local board closes either elementary or high school
3facilities and is approved by the board of the area education
4agency to operate its own transportation equipment, the full
5cost of transportation shall be paid by the board for all
6pupils living beyond the statutory walking distance from the
7school designated for attendance.
89. Distance to school or to a bus route shall in all
9cases be measured on the public highway only and over the
10most passable and safest route as determined by the area
11education agency board, starting in the roadway opposite the
12private entrance to the residence of the pupil and ending in
13the roadway opposite the entrance to the school grounds or
14designated point on bus route.
1513. When a local board fails to pay transportation costs
16due to another school for transportation service rendered, the
17board of the creditor corporation shall file a sworn statement
18with the area education agency board department of education
19 specifying the amount due. The agency board department of
20education shall check such claim and if the claim is valid
21shall certify to the county auditor. The auditor shall
22transmit to the county treasurer an order directing the county
23treasurer to transfer the amount of such claim from the funds
24of the debtor corporation to the creditor corporation and the
25treasurer shall pay the same accordingly.
26 Sec. 145. Section 285.1, subsection 16, paragraphs b and c,
27Code 2024, are amended to read as follows:
28b. As an alternative to paragraph “a” of this subsection,
29subject to section 285.9, subsection 3, where practicable,
30and at the option of the public school district in which
31a nonpublic school pupil resides, the school district
32may transport a nonpublic school pupil to a nonpublic
33school located outside the boundary lines of the public
34school district if the nonpublic school is located in a
35school district contiguous to the school district which is
-95-1transporting the nonpublic school pupils, or may contract with
2the contiguous public school district in which a nonpublic
3school is located for the contiguous school district to
4transport the nonpublic school pupils to the nonpublic school
5of attendance within the boundary lines of the contiguous
6school district.
7c. If the nonpublic school designated for attendance of
8a pupil is located outside the boundary line of the school
9district of the pupil’s residence and the district of residence
10meets the requirements of subsections 14, 15, and this
11subsection by using subsection 17, paragraph “c”, and the
12district in which the nonpublic school is located is contiguous
13to the district of the pupil’s residence and is willing to
14provide transportation under subsection 17, paragraph “a” or
15“b”, the district in which the nonpublic school is located may
16provide transportation services, subject to section 285.9,
17subsection 3, and may make the claim for reimbursement under
18section 285.2. The district in which the nonpublic school is
19located shall notify the district of the pupil’s residence that
20it is making the claim for reimbursement, and the district of
21the pupil’s residence shall be relieved of the requirement
22for providing transportation and shall not make a claim for
23reimbursement for those nonpublic school pupils for which a
24claim is filed by the district in which the nonpublic school
25is located.
26 Sec. 146. Section 285.2, subsection 4, Code 2024, is amended
27to read as follows:
284. a. Claims shall be allowed where practical, and at the
29option of the public school district of the pupil’s residence,
30subject to approval by the area education agency of the pupil’s
31residence, under section 285.9, subsection 3, the public school
32district of the pupil’s residence may transport a pupil to a
33school located in a contiguous public school district outside
34the boundary lines of the public school district of the pupil’s
35residence.
-96- 1b. The public school district of the pupil’s residence
2may contract with the contiguous public school district or
3with a private contractor under section 285.5 to transport the
4pupils to the school of attendance within the boundary lines
5of the contiguous public school district. The public school
6district in which the pupil resides may contract with the
7contiguous public school district or with a private contractor
8under section 285.5 to transport the pupil from the pupil’s
9residence or from designated school bus collection locations to
10the school located within the boundary lines of the contiguous
11public school district, subject to the approval of the area
12education agency of the pupil’s residence. The public school
13district of the pupil’s residence may utilize the reimbursement
14provisions of section 285.1, subsection 3.
15 Sec. 147. Section 285.4, Code 2024, is amended to read as
16follows:
17285.4 Pupils sent to another district.
181. When a board closes its elementary school facilities for
19lack of pupils or by action of the board, it shall, if there
20is a school bus service available in the area, designate for
21attendance the school operating the buses, provided the board
22of such school is willing to receive them and the facilities
23and curricular offerings are adequate. The board of the
24district where the pupils reside may with the approval of the
25area education agency board, subject to legal limitations and
26established uniform standards, designate another rural school
27and provide their own transportation if the transportation
28costs will be less than to use the established bus service.
292. All designations must be submitted to the area education
30agency board on or before July 15, for review and approval.
31The agency board shall after due investigation alter or change
32designations to make them conform to legal requirements and
33established uniform standards for making designations and for
34locating and establishing bus routes. After designations are
35made, they will remain the same from year to year except that
-97-1on or before July 15, of each year, the rural board or parents
2may petition the agency board for a change of designation to
3another school. Appeals from the decision of the agency board
4on designations may be made by either the parents or board to
5the director of the department of education as provided in
6section 285.12 and section 285.13.
7 Sec. 148. Section 285.8, subsection 2, Code 2024, is amended
8by striking the subsection.
9 Sec. 149. Section 285.8, subsection 3, Code 2024, is amended
10to read as follows:
113. Establish uniform standards for locating and operating
12bus routes and for the protection of the health and safety of
13pupils transported, and provide technical assistance on the
14implementation of those standards.
15 Sec. 150. Section 285.12, Code 2024, is amended to read as
16follows:
17285.12 Disputes — hearings and appeals.
18In the event of a disagreement between a school patron and
19the board of the school district, or between the boards of two
20or more school districts, the patron if dissatisfied with the
21decision of the district board, party may appeal to the area
22education agency board, notifying the secretary of the district
23in writing within ten days of the decision of the board and by
24filing an affidavit of appeal with the agency board within the
25ten-day period director of the department of education within
26ten days of the decision of the board of the school district
27by filing an affidavit of appeal with the board of the school
28district. The affidavit of appeal shall include the reasons
29for the appeal and points at issue. The secretary of the local
30board on receiving notice of appeal shall certify all papers
31to the agency board which director, who shall hear the appeal
32within ten days of the receipt of the papers and decide it
33within three days of the conclusion of the hearing and shall
34immediately notify all parties of its the director’s decision
35and return all papers. Either party may appeal the decision of
-98-1the agency board to the director of the department of education
2by notifying the opposite party and the agency administrator
3in writing within five days after receipt of notice of the
4decision of the agency board and by filing with the director
5of the department of education an affidavit of appeal, reasons
6for appeal, and the facts involved in the disagreement within
7five days after receipt of notice of the decision of the agency
8board. The agency administrator shall, within ten days of
9receipt of the notice, file with the director all records and
10papers pertaining to the case, including action of the agency
11board. The director shall hear the appeal within fifteen
12days of the filing of the records in the director’s office,
13notifying all parties and the agency administrator of the date
14and time of hearing. The director shall notify all parties of
15the decision and return all papers with a copy of the decision
16to the agency administrator. The decision of the director
17shall be subject to judicial review in accordance with chapter
1817A. Pending final order made by the director, upon any appeal
19prosecuted to such director, the order of the agency board of
20the school district from which the appeal is taken shall be
21operative and be in full force and effect.
22 Sec. 151. Section 285.15, Code 2024, is amended to read as
23follows:
24285.15 Forfeiture of reimbursement rights.
25The failure of any local district to comply with the
26provisions of this chapter or any other laws relating to the
27transportation of pupils, or any rules made by the department
28of education under this chapter or the final decisions of the
29area education agency board, or the final decisions of the
30department of education shall during the period such failure
31to comply existed forfeit the rights to collect transportation
32costs from school or parents while operating in such illegal
33manner. Any superintendent, board, or board member who
34knowingly operates or permits to be operated any school
35bus transporting public school pupils in violation of any
-99-1school transportation law shall be deemed guilty of a simple
2misdemeanor.
3 Sec. 152. Section 297.8, Code 2024, is amended to read as
4follows:
5297.8 Emergency repairs.
6When emergency repairs costing more than the competitive
7bid threshold in section 26.3, or as established in section
8314.1B, are necessary in order to ensure the continued use
9of any school or school facility, the provisions of the law
10with reference to advertising for bids shall not apply, and in
11that event the board may contract for such emergency repairs
12without advertising for bids. However, before such emergency
13repairs can be made to any schoolhouse or school facility,
14it shall be necessary to procure a certificate from the area
15education agency administrator director of the department of
16education that such emergency repairs are necessary to ensure
17the continued use of the school or school facility.
18 Sec. 153. Section 297.22, subsection 2, paragraph a, Code
192024, is amended to read as follows:
20a. The board of directors of a school district may sell,
21lease, exchange, give, or grant, and accept any interest
22in real property to, with, or from a county, municipal
23corporation, school district, township, or area education
24agency the department of administrative services if the real
25property is within the jurisdiction of both the grantor and
26grantee.
27 Sec. 154. Section 299.3, Code 2024, is amended to read as
28follows:
29299.3 Reports from accredited nonpublic schools.
30Within ten days from receipt of notice from the secretary of
31the school district within which an accredited nonpublic school
32is conducted, the principal of the accredited nonpublic school
33shall, once during each school year, and at any time when
34requested in individual cases, furnish to the secretary of the
35public school district, within which the accredited nonpublic
-100-1school is located, a certificate and report in duplicate on
2forms provided by the public school district of the names and
3ages of each pupil of the accredited nonpublic school who
4is of compulsory attendance age and the grade level of each
5pupil, during the preceding year and from the time of the last
6preceding report to the time at which a report is required. In
7addition, the report shall identify all students of compulsory
8attendance age who were truant as defined by law or school
9policy and the number of days of truancy for the period covered
10by the report, and children who dropped out, withdrew from
11enrollment, or transferred to another Iowa school and the date
12their attendance ceased at the accredited nonpublic school.
13The secretary shall retain one of the reports and file the
14other with the secretary of the area education agency.
15 Sec. 155. Section 299.4, subsection 1, Code 2024, is amended
16to read as follows:
171. The parent, guardian, or legal custodian of a child
18who is of compulsory attendance age, who places the child
19under competent private instruction under section 299A.2, not
20in an accredited school or a home school assistance program
21operated by a school district or accredited nonpublic school,
22shall furnish a report in duplicate on forms provided by the
23public school district, to the district by September 1 of the
24school year in which the child will be under competent private
25instruction. The secretary shall retain and file one copy and
26forward the other copy to the district’s area education agency
27 report. The report shall state the name and age of the child,
28the period of time during which the child has been or will be
29under competent private instruction for the year, an outline
30of the course of study, texts used, and the name and address
31of the instructor. The parent, guardian, or legal custodian
32of a child, who is placing the child under competent private
33instruction for the first time, shall also provide the district
34with evidence that the child has had the immunizations required
35under section 139A.8, and, if the child is elementary school
-101-1age, a blood lead test in accordance with section 135.105D.
2 The term “outline of course of study” shall include subjects
3covered, lesson plans, and time spent on the areas of study.
4 Sec. 156. Section 299A.4, subsections 3 and 6, Code 2024,
5are amended to read as follows:
63. The director of the department of education, or the
7director’s designee, which may include a school district or an
8area education agency, shall conduct the evaluations required
9under subsections 1 and 2 for children under competent private
10instruction. Evaluation shall occur at a time and a place to
11be determined by the person responsible for conducting the
12evaluation. Persons conducting the evaluations shall make
13every reasonable effort to conduct the evaluations at times and
14places which are convenient for the parent, guardian, or legal
15custodian.
166. A school district or area education agency shall, if
17requested, administer the annual achievement evaluation at no
18cost to the parent, guardian, or legal custodian of the child
19being evaluated, and, in addition, the parent, guardian, or
20legal custodian is not required to reimburse the evaluating
21entity for costs incurred as a result of evaluation under
22section 299A.9. The administration of the annual achievement
23evaluation shall not constitute a dual enrollment purpose under
24section 299A.8.
25 Sec. 157. Section 301.28, subsections 2 and 3, Code 2024,
26are amended to read as follows:
272. An area education agency executive director, officer,
28or teacher shall not act as an agent for school textbooks or
29school supplies, including sports apparel or equipment, in any
30transaction with a director, officer, or other staff member
31of the area education agency or any school district located
32within the area education agency during such time of office or
33employment.
343. A school district or area education agency executive
35 director, officer, or teacher who acts as agent or dealer in
-102-1school textbooks or school supplies during the person’s term
2of office or employment in violation of this section shall be
3deemed guilty of a serious misdemeanor.
4 Sec. 158. REPEAL. Sections 257.47, 257.48, 257.49, 275.16,
5275.27, 275.30, 285.9, and 285.13, Code 2024, are repealed.
6DIVISION VII
7CONFORMING CHANGES — MISCELLANEOUS
8 Sec. 159. Section 8A.202, subsection 1, paragraph e, Code
92024, is amended to read as follows:
10e. Develop and approve, in consultation with the area
11education agency media centers and the commission, a
12biennial unified plan of service and service delivery for the
13department.
14 Sec. 160. Section 8A.203, subsection 1, paragraph a,
15subparagraph (4), Code 2024, is amended to read as follows:
16(4) One member shall be employed as a librarian by a school
17district or area education agency.
18 Sec. 161. Section 8D.13, subsection 3, Code 2024, is amended
19to read as follows:
203. The financing for the procurement costs for the entirety
21of Part I except for the communications connections between
22central switching and institutions under the control of
23the board of regents, and nonprofit institutions of higher
24education eligible for tuition grants, and for the video,
25data, and voice capacity for state agencies and for Part II
26and Part III, shall be provided by the state. The financing
27for the procurement and maintenance costs for Part III shall
28be provided by the state. A local school board, governing
29authority of a nonpublic school, or an area education agency
30board may elect to provide one hundred percent of the financing
31for the procurement and maintenance costs for Part III to
32become part of the network. The basis for the amount of state
33financing is one hundred percent of a single interactive
34audio and interactive video connection for Part III, and
35such data and voice capacity as is necessary. If a school
-103-1board, governing authority of a nonpublic school, or area
2education agency board elects to provide one hundred percent
3of the financing for the leasing costs for Part III, the
4school district or area education agency may become part of
5the network as soon as the network can reasonably connect the
6district or agency. A local school board, governing authority
7of a nonpublic school, or an area education agency board may
8also elect not to become part of the network. Construction of
9Part III, related to a school board, or governing authority
10of a nonpublic school, or area education agency board which
11provides one hundred percent of the financing for the leasing
12costs for Part III, may proceed as determined by the commission
13and consistent with the purpose of this chapter.
14 Sec. 162. Section 73.18, Code 2024, is amended to read as
15follows:
1673.18 Notice of solicitation for bids — identification of
17targeted small businesses.
18The director of each agency or department, the administrator
19 executive director of each area education agency, the president
20of each community college, and the superintendent of each
21school district releasing a solicitation for bids or request
22for proposal under the targeted small business procurement goal
23program shall consult a directory of certified targeted small
24businesses produced by the economic development authority that
25lists all certified targeted small businesses by category of
26goods or services provided prior to or upon release of the
27solicitation and shall send a copy of the request for proposal
28or solicitation to any appropriate targeted small business
29listed in the directory. The economic development authority
30may charge the department, agency, area education agency,
31community college, or school district a reasonable fee to
32cover the cost of producing, distributing, and updating the
33directory.
34 Sec. 163. Section 74.1, subsection 5, Code 2024, is amended
35by striking the subsection.
-104-1 Sec. 164. Section 84A.16, subsection 3, paragraph a, Code
22024, is amended to read as follows:
3a. The department of workforce development shall
4establish and facilitate a steering committee comprised
5of representatives from the department of education, the
6economic development authority, the community colleges, the
7institutions under the control of the state board of regents,
8accredited private institutions, area education agencies,
9 school districts, the workplace learning connection, and an
10apprenticeship sponsor as defined in section 84E.2. The
11steering committee shall be responsible for the development
12and implementation of the statewide work-based learning
13intermediary network.
14 Sec. 165. Section 143.1, Code 2024, is amended to read as
15follows:
16143.1 Authority to employ.
17Any local board of health, area education agency board,
18or the school board of any school district may employ public
19health nurses at periods each year and in numbers as deemed
20advisable. The council of any city, or the school board of
21any school district, or any of them acting in cooperation, may
22contract with any nonprofit nurses’ association for public
23health nursing service. The compensation and expenses shall
24be paid out of the general fund of the political subdivision
25employing nurses.
26 Sec. 166. Section 216B.3, Code 2024, is amended by adding
27the following new subsection:
28 NEW SUBSECTION. 9A. Operate and manage a library loan
29program for the benefit of students enrolled in school
30districts and nonpublic schools in the state.
31 Sec. 167. Section 225C.51, subsection 1, paragraph e,
32subparagraph (5), Code 2024, is amended to read as follows:
33(5) One member shall be an administrator executive director
34 of an area education agency.
35 Sec. 168. Section 256A.2, subsection 1, paragraph c, Code
-105-12024, is amended to read as follows:
2c. An early childhood specialist of an area education agency
3selected by the area education agency administrators executive
4directors.
5 Sec. 169. Section 256B.2, subsection 5, Code 2024, is
6amended to read as follows:
75. Moneys received by the school district of the child’s
8residence for the child’s education, derived from moneys
9received through chapter 257, this chapter, and section 273.9
10shall be paid by the school district of the child’s residence
11to the appropriate education agency, private agency, or other
12school district providing special education for the child
13pursuant to contractual arrangements as provided in section
14273.3, subsections 5 3 and 6 4.
15 Sec. 170. Section 256B.3, unnumbered paragraph 1, Code
162024, is amended to read as follows:
17The division of special education within the department of
18education has the following duties and powers:
19 Sec. 171. Section 256B.3, subsections 1, 2, 7, and 8, Code
202024, are amended to read as follows:
211. To aid in the organization of special schools, classes
22and instructional facilities for children requiring special
23education, and to supervise the system of special education for
24children requiring special education.
252. To administer rules adopted by the state board that
26are consistent with this chapter for the approval of plans
27for special education programs and services submitted by the
28director of special education of the area education agency.
297. To initiate the establishment of classes for children
30requiring special education or home study services in
31hospitals, nursing, convalescent, juvenile and private homes,
32in cooperation with the management thereof and local school
33districts or area education agency boards agencies.
348. To cooperate with school districts or area education
35agency boards agencies in arranging for any child requiring
-106-1special education to attend school in a district other than
2the one in which the child resides when there is no available
3special school, class, or instruction in the districts in which
4the child resides.
5 Sec. 172. Section 256B.3, subsection 4, Code 2024, is
6amended by striking the subsection.
7 Sec. 173. Section 256B.4, Code 2024, is amended to read as
8follows:
9256B.4 Powers of board of directors — area education
10agencies.
111. The board of directors of a school district or area
12education agency, with the approval of the director of the
13department of education, may provide special education
14programs and services as defined in this chapter. If services
15are provided by the area education agency, the board of
16directors executive director of the area education agency
17with the cooperation of the local school districts within its
18jurisdiction and the division of special education within the
19department of education may:
20a. Establish and operate special education programs and
21classes for the education of children requiring special
22education.
23b. Acquire, maintain, and construct Use facilities and
24property provided by the department of administrative services
25for the area education agencies in which to provide education,
26corrective services, and supportive services for children
27requiring special education.
28c. Make arrangements with participating school districts for
29the provision of special education, corrective, and supportive
30services to the children requiring special education residing
31in the school districts.
32d. Employ special education teachers and personnel required
33to furnish corrective or supportive services to children
34requiring special education services.
35e. Provide transportation for children requiring special
-107-1education services that are in need of transportation in
2connection with any programs, classes, or services.
3f. Receive, administer, and expend funds appropriated for
4its use.
5g. Receive, administer, and expend the proceeds of any issue
6of school bonds or other bonds intended wholly or partly for
7its benefit.
8h. Apply for, accept, and utilize grants, gifts, or other
9assistance.
10i. Participate in, and make its employees eligible to
11participate in, any retirement system, group insurance system,
12or other program of employee benefits, on the same terms as
13govern school districts and their employees.
14j. Do such other things as are necessary and incidental to
15the execution of any of its powers.
162. The board of directors of the local district or the an
17 area education agency shall employ qualified teachers certified
18by the authority provided by law as teachers for children
19requiring such special education. The maximum number of pupils
20per teacher shall be determined by the board of directors of
21the local district or the area education agency board, with the
22approval of the director of the department of education, in
23accordance with the rules and regulations of the state board
24of education.
253. The board of directors of the local district or the area
26education agency, with the approval of the director of the
27department of education, may establish and operate one or more
28special education centers to provide diagnostic, therapeutic,
29corrective, and other services, on a more comprehensive,
30expert, economical, and efficient basis than can be reasonably
31provided by a single school district. The services, if offered
32by the area education agency board, may be provided in the
33regular schools using personnel and equipment of the area
34education agency or, if it is impractical or inefficient to
35provide them on the premises of a regular school, the area
-108-1education agency may provide services in its own facilities.
2To the maximum extent feasible, centers shall be established
3at and in conjunction with, or in close proximity to, one or
4more elementary and secondary schools. Local districts or the
5area education agencies may accept diagnostic and evaluation
6studies conducted by other individuals, hospitals, or centers,
7if determined to be competent. Children requiring special
8education services may be identified in any way that the
9department of education determines to be reliable. Centers
10established pursuant to this section may contain classrooms
11and other educational facilities and equipment to supplement
12instruction and other services to children with disabilities
13in the regular schools, and to provide separate instruction to
14children whose degree or type of educational disability makes
15it impractical or inappropriate for them to participate in
16classes with normal children.
17 Sec. 174. Section 256F.2, subsection 5, Code 2024, is
18amended to read as follows:
195. “Innovation zone consortium” means a consortium of two
20or more school districts and an area education agency in which
21one or more of the school districts are located, that receives
22approval to establish an innovation zone school pursuant to
23this chapter. In addition, the innovation zone consortium
24may receive technical assistance from an accredited higher
25education institution.
26 Sec. 175. Section 256I.8, subsection 1, paragraph a, Code
272024, is amended to read as follows:
28a. Designate a public agency of this state, as defined in
29section 28E.2, a community action agency as defined in section
30216A.91, an area education agency established under section
31273.2, or a nonprofit corporation, to be the fiscal agent for
32grant moneys and for other moneys administered by the area
33board.
34 Sec. 176. Section 260C.11, subsection 1, Code 2024, is
35amended to read as follows:
-109- 11. The governing board of a merged area is a board of
2directors composed of one member elected from each director
3district in the area by the electors of the respective
4district. Members of the board shall be residents of the
5district from which elected. Successors shall be chosen at
6the regular school elections for members whose terms expire.
7The term of a member of the board of directors is four years
8and commences at the organizational meeting. Vacancies on
9the board shall be filled at the next regular meeting of the
10board by appointment by the remaining members of the board. A
11member so chosen shall be a resident of the district in which
12the vacancy occurred and shall serve until a member is elected
13at the next school election or intervening special election
14held for the merged area, in accordance with section 69.12.
15A vacancy is defined in section 277.29. A member shall not
16serve on the board of directors who is a member of a board of
17directors of a local school district or a member of an area
18education agency board.
19 Sec. 177. Section 262.32, Code 2024, is amended to read as
20follows:
21262.32 Contract — time limit.
22A contract for instruction under section 262.30 shall be in
23writing and shall extend over a period of not to exceed two
24years. A copy of the contract shall be filed in the office of
25the administrator of the area education agency.
26 Sec. 178. Section 476.48, subsection 1, paragraph c, Code
272024, is amended to read as follows:
28c. “Small wind innovation zone” means a political
29subdivision of this state, including but not limited to a city,
30county, township, school district, community college, area
31education agency, institution under the control of the state
32board of regents, or any other local commission, association,
33or tribal council which adopts, or is encompassed within a
34local government which adopts, the model ordinance as provided
35in subsection 3.
-110-1 Sec. 179. Section 598.21B, subsection 2, paragraph e,
2subparagraph (1), subparagraph division (d), Code 2024, is
3amended to read as follows:
4(d) The parent has been identified by the executive director
5of special education of the area education agency as a child
6requiring special education as defined in section 256B.2.
7DIVISION VIII
8TEACHER SALARY SUPPLEMENT DISTRICT COST PER PUPIL
9 Sec. 180. Section 257.10, subsection 9, paragraph a, Code
102024, is amended to read as follows:
11a. (1) For the budget year beginning July 1, 2009, the
12department of management shall add together the teacher
13compensation allocation made to each district for the fiscal
14year beginning July 1, 2008, pursuant to section 284.13,
15subsection 1, paragraph “h”, Code 2009, and the phase II
16allocation made to each district for the fiscal year beginning
17July 1, 2008, pursuant to section 294A.9, Code 2009, and divide
18that sum by the district’s budget enrollment in the fiscal
19year beginning July 1, 2009, to determine the teacher salary
20supplement district cost per pupil. For the budget year
21beginning July 1, 2010, and succeeding budget years beginning
22before July 1, 2024, the teacher salary supplement district
23cost per pupil for each school district for a budget year
24is the teacher salary supplement program district cost per
25pupil for the base year plus the teacher salary supplement
26supplemental state aid amount for the budget year.
27(2) (a) For the budget year beginning July 1, 2024, the
28teacher salary supplement district cost per pupil for each
29school district shall be determined under this subparagraph.
30(b) The department of management shall categorize all
31school districts into not more than ten tiers according to each
32school district’s actual enrollment. Each tier established
33by the department of management containing a school district
34with an actual enrollment above three thousand five hundred
35pupils shall contain, to the extent feasible, the same number
-111-1of school districts as other tiers containing school districts
2with an actual enrollment of more than three thousand five
3hundred pupils. Each tier established by the department
4of management containing a school district with an actual
5enrollment equal to or less than three thousand five hundred
6pupils shall contain, to the extent feasible, the same number
7of school districts as other tiers containing school districts
8with an actual enrollment equal to or less than three thousand
9five hundred pupils.
10(c) (i) To support school districts with meeting the
11minimum teacher starting salary requirement of fifty thousand
12dollars and the minimum teacher salary requirement for
13full-time teachers with at least twelve years of experience of
14sixty-two thousand dollars under chapter 284 and other costs
15associated with such salary requirements, as identified in
16subparagraph subdivision (ii), the department of management
17shall calculate and assign to all school districts in a tier
18established under subparagraph division (b), a teacher salary
19supplement district cost per pupil in an amount based in part
20on the average cost to school districts within the tier to meet
21the requirements.
22(ii) If, however, a school district’s total teacher
23salary supplement district cost under paragraph “c”, as
24calculated using the teacher salary supplement district cost
25per pupil assigned to the school district’s applicable tier,
26is insufficient to comply with the applicable minimum teacher
27salary requirements of the school district, including costs
28associated with the employer’s share of contributions to the
29Iowa public employees’ retirement system and the employer’s
30share of the tax imposed by the federal Insurance Contributions
31Act, the department of management shall set the school
32district’s teacher salary supplement district cost per pupil
33at an amount necessary to meet the district’s minimum salary
34requirements and associated costs.
35(3) For the budget year beginning July 1, 2025, and
-112-1succeeding budget years, the teacher salary supplement district
2cost per pupil for each school district for a budget year
3is the teacher salary supplement program district cost per
4pupil for the base year plus the teacher salary supplement
5supplemental state aid amount for the budget year.
6DIVISION IX
7STATE MANDATE
8 Sec. 181. IMPLEMENTATION OF ACT. Section 25B.2, subsection
93, shall not apply to this Act.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to education, including modifying
14provisions related to the number of area education agencies
15in this state, the duties and powers of area education
16agencies, area education agency boards of directors, the
17department of administrative services, and the director of the
18department of education, the division of special education
19within the department of education, the services provided by
20area education agencies, area education agency funding, the
21calculation of the teacher salary supplement district cost per
22pupil, and minimum teacher salaries.
23DIVISION I — AREA EDUCATION AGENCIES — GENERAL PROVISIONS.
24 Current law provides that a maximum of 15 area education
25agencies may be established within the state. As a result
26of consolidation, there are currently nine area education
27agencies within the state. The bill provides that there shall
28be not more than nine area education agencies, as determined
29by the director of the department of education (DE).Current
30law provides that each area education agency shall have an
31administrator, and establishes the duties and powers of the
32administrator. The bill modifies this provision to provide
33that each area education agency shall have an executive
34director. The executive director is to be appointed by, and
35serve at the pleasure of, the director of DE.Current law
-113-1provides that each area education agency shall have, and be
2governed by, a board of directors, and establishes the duties
3and powers of such board. The bill provides that the area
4education agency board of directors shall, instead, serve in an
5advisory capacity. The bill establishes the duties and powers
6of the area education agencies, the executive directors, and
7the area education agency boards of directors.
8The bill prohibits area education agencies from holding
9real property, and tasks the department of administrative
10services with providing real property and facilities to the
11area education agencies.
12The bill provides that area education agencies may only
13provide special education services to school districts located
14in the area education agency if the school district requests
15to receive such services and pursuant to a contract between
16the school district and the area education agency. The bill
17establishes that the term of such contract shall not be less
18than two years. The bill also establishes notice requirements
19related to the requests to receive special education services.
20Current law requires area education agencies to provide
21media services for local school districts. The bill strikes
22this requirement. Current law prohibits area education
23agencies from establishing programs and services which
24duplicate programs and services which are or may be provided by
25the community colleges. The bill strikes this provision.
26The bill strikes a provision that requires area education
27agencies to collaborate with DE to provide statewide
28infrastructure for educational data. The bill also strikes
29a provision that requires area education agencies to jointly
30develop a three-year statewide strategic plan that supports
31goals adopted by the state board of education.
32The bill makes several other changes to provisions related
33to area education agencies, including changes related to
34funding, standards for accrediting area education agency
35programs, and emergency repairs.
-114- 1The bill repeals Code section 273.6 (media centers), Code
2section 273.7 (additional services), and Code section 273.16
3(online learning program).
4The bill includes transition provisions that restrict the
5transfer of area education agency ownership interests in real
6property or facilities and that provide for the transfer of
7area education agency interests in real property and certain
8lease agreements to the department of administrative services.
9The transition provisions provide that, on July 1, 2024, the
10employment of all area education agency administrators is
11terminated, unless terminated earlier by the director of the
12department of education who the bill authorizes to terminate
13the employment of such area education agency administrators.
14The transition provisions additionally provide that the
15bill’s changes to Code chapter 273 constitute just cause for
16the discharge of the area education agency administrators
17under Code section 279.25 (discharge of administrator), and
18that the provisions of Code section 279.24 (contract with
19administrators) shall not apply to the discharge of the
20administrators.
21The transition provisions require the division of special
22education within the department of education to give preference
23to qualified personnel who seek employment with the division
24of special education because their employment with an area
25education agency terminated as a result of the bill. The
26transition provisions provide that any former employee of an
27area education agency whose employment with an area education
28agency terminated as a result of the bill and who is employed
29by the division of special education no later than August 1,
302024, shall not experience a break in service credit for their
31Iowa public employees’ retirement system benefits and shall not
32incur any loss in sick leave or vacation time.
33Division I of the bill takes effect upon enactment.
34DIVISION II — AREA EDUCATION AGENCIES — REORGANIZATION
35OR DISSOLUTION. Current law allows the boards of directors
-115-1of two or more area education agencies to reorganize the area
2education agencies, with the approval of the state board of
3education. The bill modifies several provisions related to
4the reorganization of area education agencies, including by
5requiring the director of DE to approve a reorganization,
6authorizing the director of DE to reorganize the area education
7agencies, and striking school finance provisions related to a
8reorganized area education agency.
9Current law allows the board of directors of an area
10education agency to dissolve the area education agency and
11establishes the process the area education agency must follow
12in dissolving. The bill provides that only the director of DE
13has the authority to dissolve an area education agency.
14The bill repeals Code section 273.24 (commission to dissolve
15area education agency), Code section 273.25 (dissolution
16commission meetings), Code section 273.26 (dissolution
17proposal), and Code section 273.27 (dissolution hearing, vote,
18and state board of education approval).
19DIVISION III — AREA EDUCATION AGENCIES — FUNDING. The bill
20eliminates the area education agency professional development
21categorical funding supplement, the area education agency
22media services categorical funding supplement, and the area
23education agency educational services categorical funding
24supplement beginning with the 2024-2025 school budget year.
25The bill makes corresponding changes to other school funding
26provisions related to the elimination of the categorical
27funding supplements. The bill specifies that an area education
28agency may use fund balances for media services or education
29services in a manner which the area education agency determines
30is appropriate to best maintain the level of required area
31education agency special education services. The bill also
32specifies that fund balances received for area education agency
33professional development for a budget year beginning before
34July 1, 2024, shall comply with the requirements of Code
35chapter 284 and shall be distributed to teachers pursuant to
-116-1Code section 284.3A, similar to the use area education agency
2teacher salary supplement funds.
3Code section 257.35 generally requires the department
4of management to deduct the amounts calculated for special
5education support services, media services, area education
6agency teacher salary supplement district cost, area education
7agency professional development supplement district cost,
8and educational services for each school district from the
9state aid due to the district pursuant to Code chapter 257
10and instead, pay the amounts to the respective area education
11agencies on a monthly basis. The bill removes the eliminated
12categorical funding supplements from those provisions and also
13provides that such remaining amounts are to be deducted and
14paid to the applicable area education agency only if the school
15district has entered into an agreement with the area education
16agency under the bill to provide services for the applicable
17budget year.
18The school district management levy under Code section 298.4
19is authorized to be used for specified purposes, including
20unemployment benefit costs, insurance costs, costs of certain
21judgments, early retirement benefit costs, and mediation
22and arbitration costs. The bill provides that a school
23district’s management levy may be reduced by the department of
24management if the department determines that the reduction in
25the school district’s combined district cost as a result of
26the elimination of the area education agency media services
27categorical funding supplement and the area education agency
28educational services categorical funding supplement does not
29result in a corresponding reduction in the total amount of
30property taxes levied by the school district for the budget
31year. The bill allows the department of management to evaluate
32the amounts of property taxes levied by the school district and
33purposes for which such revenues are budgeted to determine the
34adequacy of the reduction in the school district’s total amount
35of property taxes.
-117- 1Current law allows school districts to share operational
2functions with several types of political subdivisions,
3including area education agencies, in order to provide
4additional funding to increase student opportunities and
5redirect more resources to student programming for such school
6districts. The bill provides that area education agencies are
7no longer considered political subdivisions for purposes of
8shared operational functions.
9Current law provides that supplementary weighting under
10Code section 257.11(5) (shared operational functions) shall
11be available to an area education agency through the budget
12year beginning July 1, 2034. The minimum amount of additional
13funding for which an area education agency shall be eligible in
14a budget year pursuant to this provision is $30,000, and the
15maximum amount is $200,000. The bill modifies this provision
16to provide that such supplementary weighting shall not be
17available to an area education agency after the budget year
18beginning July 1, 2023.
19This division of the bill applies July 1, 2024, for school
20budget years beginning on or after that date.
21DIVISION IV — TEACHER COMPENSATION. Current law provides
22that the minimum annual salary for a full-time teacher in the
23state is $33,500. The bill provides that the minimum annual
24salary for a full-time teacher in the state with less than 12
25years of teaching experience is $50,000, and the minimum annual
26salary for a full-time teacher in the state with at least 12
27years of teaching experience is $62,500.
28DIVISION V — CONFORMING CHANGES — DEPARTMENT OF EDUCATION.
29 The bill strikes provisions that require the state board of
30education to adopt rules and standards to incorporate area
31education agencies into professional development programs,
32family support pre-service and in-service training programs,
33para-educator programs, and online programs.
34Current law provides that if a school district fails to
35correct certain deficiencies and the school district is
-118-1deaccredited by the state board of education, the state board
2may place the school district under local area education agency
3receivership. The bill provides that such receivership shall
4instead be under DE or DE’s designee, which may include a local
5school district.
6The bill makes several other conforming changes related
7to DE, including modifying the membership of the Iowa public
8broadcasting board and modifying provisions related to regional
9career and technical education planning partnerships.
10DIVISION VI — SCHOOLS — REORGANIZATION OF SCHOOL DISTRICTS
11— CONFORMING CHANGES. Current law provides that up to 30
12percent of the budget of an area for media services may be
13expended for media resource material including the purchase or
14replacement of material. The bill strikes this provision.
15Current law provides that, in cases where any portion of
16the inhabitants of any school corporation, in the opinion of
17the area education agency administrator, cannot reasonably
18attend school in their own corporation, the area education
19agency administrator shall attach the affected part of the
20school corporation to an adjoining school corporation, with the
21consent of the board of the adjoining school corporation. The
22bill modifies this provision to instead provide that it is the
23director of the department of education who has the authority
24to attach the affected part of the school corporation to an
25adjoining school corporation, with the consent of the board of
26the adjoining school corporation. The bill makes a similar
27change to the provision governing restoration of the attached
28part of the school corporation.
29The bill makes several changes to Code chapter 275
30(reorganization of school districts) to transfer authority
31from an area education agency or an area education agency
32administrator to DE and to remove the consideration of the
33boundaries of area education agencies from the reorganization
34process, including provisions related to changing the boundary
35lines of contiguous school corporations, the vesting of powers
-119-1to convey land, alternative methods for electing directors
2of newly formed school corporations, dissolution of school
3districts, the calling of special elections when a school board
4is reduced below a quorum, contracting for emergency repairs
5for school districts, and disputes related to state aid for
6transportation.
7Current law requires area education agencies to periodically
8offer a staff development program for teachers who provide
9instruction in human growth and development. The bill strikes
10this provision.
11Current law allocates $275,864 of the moneys appropriated to
12the department of education under Code section 279.51 (programs
13for at-risk children) to area education agencies to assist
14school districts and child development programs in meeting
15responsibilities in early childhood education. The bill
16provides that these moneys shall, instead, be allocated to the
17child development coordinating council for the same purposes.
18Current law authorizes a school district to negotiate an
19agreement with a school district located in a contiguous state
20allowing students enrolled in grades 7 through 12 in this
21state to attend school in the contiguous state if the board of
22directors of the school district in this state files a written
23request with the state board of education for a determination
24whether the school district in the contiguous state receives
25or has available services equivalent to those that would be
26provided in this state by an area education agency. The bill
27strikes the requirement related to services provided by area
28education agencies.
29The bill modifies provisions in Code chapter 284 (teacher
30performance, compensation, and career development), including
31by striking a provision allowing the state board of education
32to approve area education agencies to provide teacher
33professional development and by striking provisions related to
34area education agency involvement in implementing career paths
35and leadership roles.
-120- 1The bill makes several changes to Code chapter 284A
2(administrator quality program) and Code chapter 285 (state
3aid for transportation) to remove area education agencies from
4provisions in these Code chapters.
5The bill strikes a provision that requires each area
6education agency to provide assistance in establishing a plan
7to provide alternative education options to students attending
8a public school in a district served by the area education
9agency.
10The bill repeals Code section 257.47 (cooperation by
11area education agencies), Code section 257.48 (advisory
12council), Code section 257.49 (duties of advisory council),
13Code section 275.16 (hearing when territory in different area
14education agencies), Code section 275.27 (community school
15districts — part of area education agency), Code section
16275.30 (arbitration), Code section 285.9 (powers and duties of
17area boards), and Code section 285.13 (disagreements between
18boards).
19DIVISION VII — CONFORMING CHANGES — MISCELLANEOUS. The
20bill removes representatives of area education agencies from
21the state commission of libraries and a steering committee
22established by the department of workforce development.
23The bill strikes a provision that provides that the
24procedures of Code chapter 74 (public obligations not paid for
25want of funds) also apply to the issuance of warrants or the
26issuance of anticipatory warrants of an area education agency.
27The bill requires the commission for the blind to operate
28and manage a library loan program for the benefit of students
29enrolled in school districts and nonpublic schools.
30The bill modifies the duties and powers of the division of
31special education within the department of education, including
32by striking provisions related to aiding in the organization
33of special schools and classes for children requiring special
34education, approving plans for special education programs and
35services submitted by area education agencies, and purchasing
-121-1special equipment for use in special education.
2Code chapter 256F authorizes the creation of charter schools
3and innovation zone schools. For purposes of Code chapter
4256F, an innovation zone consortium means a consortium of two
5or more school districts and an area education agency in which
6one or more of the school districts are located, that receives
7approval to establish an innovation zone school. The bill
8modifies this provision to strike the reference to an area
9education agency in which one or more of the school districts
10are located.
11The bill removes area education agencies from the definition
12of “small wind innovation zone” in Code section 476.48 (small
13wind innovation zone program).
14DIVISION VIII — TEACHER SALARY SUPPLEMENT DISTRICT COST PER
15PUPIL. The bill modifies how the teacher salary supplement
16district cost per pupil is determined for each school district
17for the budget year beginning July 1, 2024. The bill requires
18the department of management to categorize all school
19districts into not more than 10 tiers according to each school
20district’s actual enrollment. The bill provides that each
21tier established by the department of management containing a
22school district with an actual enrollment above 3,500 pupils
23shall contain, to the extent feasible, the same number of
24school districts as other tiers containing school districts
25with an actual enrollment of more than 3,500 pupils. The bill
26also provides that each tier established by the department
27of management containing a school district with an actual
28enrollment equal to or less than 3,500 pupils shall contain,
29to the extent feasible, the same number of school districts
30as other tiers containing school districts with an actual
31enrollment equal to or less than 3,500 pupils.
32The bill requires the department of management to calculate
33and assign to all school districts in a tier a teacher salary
34supplement district cost per pupil in an amount based in part
35on the average cost to school districts within the tier to
-122-1meet the requirements. If, however, a school district’s total
2teacher salary supplement district cost, as calculated using
3the teacher salary supplement district cost per pupil assigned
4to the school district’s applicable tier, is insufficient to
5comply with the applicable minimum teacher salary requirements
6of the school district, including costs associated with the
7employer’s share of contributions to the Iowa public employees’
8retirement system and the employer’s share of the tax imposed
9by the federal Insurance Contributions Act, the bill requires
10the department of management to set the school district’s
11teacher salary supplement district cost per pupil at an amount
12necessary to meet the district’s minimum salary requirements
13and associated costs.
14The bill provides that for the budget year beginning July
151, 2025, and succeeding budget years, the teacher salary
16supplement district cost per pupil for each school district for
17a budget year is the teacher salary supplement program district
18cost per pupil for the base year plus the teacher salary
19supplement supplemental state aid amount for the budget year.
20DIVISION IX — STATE MANDATE. The bill may include a state
21mandate as defined in Code section 25B.3. The bill makes
22inapplicable Code section 25B.2(3), which would relieve a
23political subdivision from complying with a state mandate if
24funding for the cost of the state mandate is not provided or
25specified. Therefore, political subdivisions are required to
26comply with any state mandate included in the bill.
-123-jda/jh
2related to the number of area education agencies in this
3state, the duties and powers of area education agencies,
4area education agency boards of directors, the department
5of administrative services, the director of the department
6of education, the division of special education within the
7department of education, the services provided by area
8education agencies, area education agency funding, the
9calculation of the teacher salary supplement district cost
10per pupil, and minimum teacher salaries, and including
11transition, effective date, and applicability provisions.
12BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2AREA EDUCATION AGENCIES — GENERAL PROVISIONS
3 Section 1. Section 273.1, Code 2024, is amended to read as
4follows:
5273.1 Intent.
6It is the intent of the general assembly to provide an
7effective, efficient, and economical means of identifying and
8serving children from under five years of age through grade
9twelve who require special education and any other children
10requiring special education as defined in section 256B.2; to
11provide for media services and other programs and services
12for pupils in grades kindergarten through twelve and children
13requiring special education as defined in section 256B.2; to
14provide a method of financing the programs and services; and
15to avoid a duplication of programs and services provided by
16any other school corporation in the state; and to provide
17services to school districts under a contract with those school
18districts; to improve student achievement; and to close student
19achievement gaps.
20 Sec. 2. Section 273.2, Code 2024, is amended to read as
21follows:
22273.2 Area education agencies established — powers —
23services and programs.
241. There are established throughout the state fifteen not
25more than nine area education agencies, as determined by the
26director of the department of education, each of which is
27governed by an area education agency board of directors under
28the general supervision of the director, except as otherwise
29provided in this chapter. Each area education agency shall
30have an area education agency board of directors that shall
31serve in an advisory capacity. The boundaries of an area
32education agency shall not divide a school district. The
33director of the department of education shall change boundaries
34of area education agencies to take into account mergers of
35local school districts and changes in boundaries of local
-1-1school districts, when necessary to maintain the policy of this
2chapter that a local school district shall not be a part of
3more than one area education agency.
42. An area education agency established under this chapter
5is a body politic as a school corporation for the purpose of
6exercising powers granted under this chapter, and may sue and
7be sued. An area education agency may shall not hold real
8 property and execute purchase agreements within two years of a
9disaster as defined in section 29C.2, subsection 4, and shall
10not enter into lease-purchase agreements pursuant to section
11273.3, subsection 7, and if the lease-purchase agreement
12exceeds ten years or the purchase price of the property to be
13acquired pursuant to a purchase or lease-purchase agreement
14exceeds the amount stated in section 26.3, subsection 1, the
15area education agency shall conduct a public hearing on the
16proposed purchase or lease-purchase agreement and receive
17approval from the area education agency board of directors and
18the state board of education or its designee before entering
19into the agreement. The department of administrative services
20is responsible for providing real property and facilities to
21the area education agencies, as determined in consultation
22with the director of the department of education, pursuant to
23a management fee agreement. The area education agencies are
24responsible for the general maintenance and the grounds of the
25real property and facilities provided by the department of
26administrative services.
273. The area education agency board agencies shall furnish
28educational services and programs as provided in section 273.1,
29this section, sections 273.3 through 273.8, and chapter 256B
30to the pupils enrolled in public or nonpublic schools located
31within its boundaries which are on the list of accredited
32schools pursuant to section 256.11. The programs and services
33provided shall be at least commensurate with programs and
34services existing on July 1, 1974. The programs and services
35provided to pupils enrolled in nonpublic schools shall be
-2-1comparable to programs and services provided to pupils enrolled
2in public schools within constitutional guidelines.
34. The area education agency board agencies shall provide
4for special education services and media services for the
5local school districts in the area and shall encourage and
6assist school districts in the area to establish programs for
7gifted and talented children that request to receive such
8services, including by entering into agreements with the area
9education agency. The board shall assist in facilitating
10interlibrary loans of materials between school districts and
11other libraries.
125. The area education agency board agencies may provide for
13the following programs and services to local school districts,
14and at the request of local school districts to providers of
15child development services who have received grants under
16chapter 256A from the child development coordinating council,
17within the limits of funds available:
18a. In-service training programs for employees of school
19districts and area education agencies, provided at the time
20programs and services are established they do not duplicate
21programs and services available in that area from the
22universities under the state board of regents and from other
23universities and four-year institutions of higher education in
24Iowa. The in-service training programs shall include but are
25not limited to regular training concerning mental or emotional
26disorders which may afflict affect children and the impact
27children with such disorders have upon their families.
28b. Educational data processing pursuant to section 256.9,
29subsection 11.
30c. Research, demonstration projects and models, and
31educational planning for children under five years of age
32through grade twelve and children requiring special education
33as defined in section 256B.2 as approved by the state board of
34education.
35d. Auxiliary services for nonpublic school pupils as
-3-1provided in section 256.12. However, if auxiliary services are
2provided their funding shall be based on the type of service
3provided.
4e. Other educational programs and services for children
5under five years through grade twelve and children requiring
6special education as defined in section 256B.2 and for
7employees of school districts and area education agencies as
8approved by the state board of education.
96. The board of directors of an area education agency shall
10not establish programs and services which duplicate programs
11and services which are or may be provided by the community
12colleges under the provisions of chapter 260C. An area
13education agency shall contract, whenever practicable, with
14other school corporations for the use of personnel, buildings,
15facilities, supplies, equipment, programs, and services.
167. The board of an Subject to the approval of the director
17of the department of education, an area education agency or
18a consortium of two or more area education agencies shall
19contract with one or more licensed dietitians for the support
20of nutritional provisions in individual education plans
21developed in accordance with chapter 256B and to provide
22information to support school nutrition coordinators.
238. The area education agency board shall collaborate
24with the department of education to provide a statewide
25infrastructure for educational data to create cost
26efficiencies, provide storage and disaster mitigation, and
27improve interconnectivity between schools and school districts.
28In addition, the area education agency boards shall work
29with the department to provide systemwide coordination in
30the implementation of the statewide longitudinal data system
31consistent with the federal American Recovery and Reinvestment
32Act of 2009. The area education agencies shall provide support
33to school districts’ information technology infrastructure
34that is consistent with the statewide infrastructure for the
35educational data collaborative.
-4- 19. The area education agency boards shall jointly develop a
2three-year statewide strategic plan that supports goals adopted
3by the state board of education pursuant to section 256.7,
4subsection 4, and the accreditation standards established
5pursuant to section 256.11; establish performance goals; and
6clearly identify the statewide efforts to improve student
7learning and create efficiencies in management operations for
8area education agencies and school districts. The statewide
9strategic plan shall be approved by the state board of
10education. The area education agency boards shall jointly
11provide the state board with annual updates on the performance
12measures.
1310. 8. The Subject to the approval of the director
14of the department of education, an area education agency
15board is encouraged to may employ a child welfare liaison to
16provide services and guidance to local school districts to
17facilitate the efficient and effective transfer and enrollment
18of a child adjudicated under chapter 232 or receiving foster
19care services to another school district, including but not
20limited to guidance relating to the transfer of credit earned
21for coursework taken by the student, enrollment transition
22planning, facilitating information sharing between education
23and child welfare agencies, and developing systems designed to
24ameliorate the transition issues faced by a child adjudicated
25under chapter 232 or receiving foster care services who is
26transferring to and enrolling in a school district.
2711. 9. Subject to an appropriation by the general assembly
28for such purpose, the area education agency board agencies
29 shall, by July 1, 2024, dedicate at least one full-time
30equivalent position to maintain a dyslexia specialist. The
31 An area education agency board may hire such a specialist
32or may provide appropriate training to qualify an existing
33employee as a specialist on dyslexia. The specialist shall
34provide technical guidance and assistance, including but
35not limited to professional development, strategies, and
-5-1materials to school districts and accredited nonpublic schools
2relating to identification of and instruction for students with
3characteristics of dyslexia. The specialist shall be highly
4trained in dyslexia and have a minimum of three years of field
5experience in screening, identifying, and treating dyslexia and
6related disorders. In the absence of an appropriation, each
7area education agency board is encouraged to employ a highly
8qualified dyslexia specialist.
910. a. An area education agency may establish a plan, in
10accordance with section 403(b) of the Internal Revenue Code,
11as defined in section 422.3, for employees, which plan shall
12consist of one or more investment contracts, on a group or
13individual basis, acquired from a company, or a salesperson for
14that company, that is authorized to do business in this state.
15b. The selection of investment contracts to be included
16within the plan established by the area education agency shall
17be made either pursuant to a competitive bidding process
18conducted by the area education agency, in coordination with
19employee organizations representing employees eligible to
20participate in the plan, or pursuant to an agreement with
21the department of administrative services to make available
22investment contracts included in a deferred compensation or
23similar plan established by the department of administrative
24services pursuant to section 8A.438, which plan meets the
25requirements of this subsection. The determination of whether
26to select investment contracts for the plan pursuant to a
27competitive bidding process or by agreement with the department
28of administrative services shall be made by agreement between
29the area education agency and the employee organizations
30representing employees eligible to participate in the plan.
31c. The area education agency may make elective deferrals in
32accordance with the plan as authorized by an eligible employee
33for the purpose of making contributions to the investment
34contract on behalf of the employee. The deferrals shall be
35made in the manner which will qualify contributions to the
-6-1investment contract for the benefits under section 403(b)
2of the Internal Revenue Code, as defined in section 422.3.
3In addition, the area education agency may make nonelective
4employer contributions to the plan.
5d. As used in this subsection, unless the context otherwise
6requires, “investment contract” shall mean a custodial account
7utilizing mutual funds or an annuity contract which meets the
8requirements of section 403(b) of the Internal Revenue Code, as
9defined in section 422.3.
1011. An area education agency may establish and pay all
11or any part of the cost of group health insurance plans,
12nonprofit group medical service plans and group life insurance
13plans adopted by the area education agency for the benefit of
14employees of the area education agency, from funds available
15to the board.
1612. An area education agency may issue school credit
17cards allowing area education agency employees to pay for the
18actual and necessary expenses incurred in the performance of
19work-related duties.
2013. An area education agency may purchase equipment as
21provided in section 279.48.
2214. By January 15 of each year, the area education agencies
23shall submit to the department of education the area education
24agency’s staffing plans and job classifications, including
25contracted salary, bonus wages and benefits, annuity payments,
26or any other benefit, for the employees of the area education
27agency. The director of the department of education shall
28review the staffing plans and job classifications submitted by
29the area education agencies and either approve or reject the
30continuation of each position by March 1 of each year. The
31area education agencies shall align all job classifications
32with the job classifications established by the department of
33administrative services. The area education agencies shall
34comply with all applicable requirements of 29 U.S.C.ch.23 and
35chapter 84C if a reduction in force occurs.
-7- 115. The area education agencies shall require that, by
2July 1, 2024, any person employed by the area education agency
3who holds a license, certificate, statement of recognition,
4or authorization other than a coaching authorization, issued
5by the board of educational examiners to complete the Iowa
6reading research center dyslexia overview module. Such persons
7employed after July 1, 2024, shall complete the module within
8one year of the employee’s initial date of hire.
916. The area education agency shall collaborate with the
10department of education to provide a statewide infrastructure
11for educational data to create cost efficiencies, provide
12storage and disaster mitigation, and improve interconnectivity
13between schools and school districts. In addition, the area
14education agency shall work with the department to provide
15systemwide coordination in the implementation of the statewide
16longitudinal data system consistent with the federal American
17Recovery and Reinvestment Act of 2009.
18 Sec. 3. Section 273.3, Code 2024, is amended to read as
19follows:
20273.3 Duties and powers of area education agency board —
21 additional powers of area education agencies.
22The board in carrying out the provisions of section 273.2
23 shall do all of the following:
241. Determine the policies of Advise and consult with the
25area education agency on policies and procedures for providing
26programs and services.
272. Be authorized to receive and expend money for providing
28programs and services as provided in sections 273.1, 273.2,
29this section, sections 273.4 through 273.8, and chapters 256B
30 and 257. All costs incurred in providing the programs and
31services, including administrative costs, shall be paid from
32funds received pursuant to sections 273.1, 273.2, this section,
33sections 273.4 through 273.8, and chapters 256B and 257.
343. 2. Provide data and prepare reports as directed by
35the director of the department of education or the executive
-8-1director of the area education agency.
24. Provide for advisory committees as deemed necessary.
35. 3. Be authorized, subject to rules of the state board of
4education, to provide directly or by contractual arrangement
5with public or private agencies for special education programs
6and services, media services, and educational programs and
7services requested by the local boards of education as provided
8in this chapter, including but not limited to contracts for
9the area education agency to provide programs or services to
10the local school districts and contracts for local school
11districts, other educational agencies, and public and private
12agencies to provide programs and services to the local school
13districts in the area education agency in lieu of the area
14education agency providing the services. Contracts may be made
15with public or private agencies located outside the state if
16the programs and services comply with the rules of the state
17board. Rules adopted by the state board of education shall
18be consistent with rules, adopted by the board of educational
19examiners, relating to licensing of practitioners.
206. 4. Area education agencies may Be authorized to
21 cooperate and contract between themselves and with other
22public agencies to provide special education programs and
23services, media services, and educational services to schools
24and children residing within their respective areas. Area
25education agencies may provide print and nonprint materials to
26public and private colleges and universities that have teacher
27education programs approved by the state board of education.
287. Be authorized to lease, purchase, or lease-purchase,
29subject to the approval of the state board of education or
30its designee and to receive by gift and operate and maintain
31facilities and buildings necessary to provide authorized
32programs and services. However, a lease for less than ten
33years and with an annual cost of less than the amount stated in
34section 26.3, subsection 1, does not require the approval of
35the state board. The state board shall not approve a lease,
-9-1purchase, or lease-purchase until the state board is satisfied
2by investigation that public school corporations within the
3area do not have suitable facilities available. A purchase of
4property that is not a lease-purchase may be made only within
5two years of a disaster as defined in section 29C.2, subsection
64, and subject to the requirements of this subsection.
78. 5. Be authorized, subject to the approval of the
8director of the department of education, to enter into
9agreements for the joint use of personnel, buildings,
10facilities, supplies, and equipment with school corporations as
11deemed necessary to provide authorized programs and services.
129. 6. Be authorized to make application for, accept,
13and expend state and federal funds that are available for
14programs of educational benefit approved by the director of the
15department of education, and cooperate with the department in
16the manner provided in federal-state plans or department rules
17in the effectuation and administration of programs approved by
18the director, or approved by other educational agencies, which
19agencies have been approved as state educational authorities.
2010. 7. Be authorized to perform all other acts necessary to
21carry out the provisions and intent of this chapter.
2211. 8. Employ personnel to carry out the functions of the
23area education agency which shall include the employment of
24an administrator executive director who shall possess a an
25administrator license and either a teaching license with a
26special education endorsement or a special education support
27personnel authorization, issued under chapter 256, subchapter
28VII, part 3 by the board of educational examiners. The
29administrator shall be employed pursuant to section 279.20
30 and sections 279.23, 279.24, and 279.25. The salary for an
31area education agency administrator executive director shall
32be established by the board director of the department of
33education based upon the previous experience and education
34of the administrator. Section 279.13 applies to the area
35education agency board and to all teachers employed by the area
-10-1education agency. Sections 279.23, 279.24, and 279.25 apply to
2the area education board and to all administrators employed by
3the area education agency. Section 279.69 applies to the area
4education agency board and employees of the board, including
5part-time, substitute, or contract employees, who provide
6services to a school or school district.
712. 9. Prepare an annual budget estimating income and
8expenditures for programs and services as provided in sections
9273.1, 273.2, this section, sections 273.4 through 273.8, and
10chapter 256B within the limits of funds provided under section
11256B.9 and chapter 257. The board executive director shall
12post notice of a public hearing on submit the proposed budget
13on the area education agency’s internet site and by publication
14in the newspaper of general circulation in the territory of
15the area education agency in which the principal place of
16business of a school district that is a part of the area
17education agency is located to the director of the department
18of education for approval not later than March 1 of each year.
19The notice shall specify the date, which shall be not later
20than March 1 of each year, the time, and the location of the
21public hearing. The proposed budget as approved by the board
22 director of the department of education shall then be submitted
23to the state board of education, on forms provided by the
24department, no later than March 15 preceding the next fiscal
25year for approval. The state board shall review the proposed
26budget of each area education agency and shall before May 1,
27either grant approval or return the budget without approval
28with comments of the state board included. An unapproved
29budget shall be resubmitted to the state board for final
30approval not later than May 15. The state board shall give
31final approval only to budgets submitted by area education
32agencies accredited by the state board or that have been given
33conditional accreditation by the state board.
3413. 10. Be authorized to pay, out of funds available to the
35board reasonable annual dues to an Iowa association of school
-11-1boards. Membership shall be limited to those duly elected
2members of the area education agency board.
314. a. The board may establish a plan, in accordance with
4section 403(b) of the Internal Revenue Code, as defined in
5section 422.3, for employees, which plan shall consist of one
6or more investment contracts, on a group or individual basis,
7acquired from a company, or a salesperson for that company,
8that is authorized to do business in this state.
9b. The selection of investment contracts to be included
10within the plan established by the board shall be made either
11pursuant to a competitive bidding process conducted by the
12board, in coordination with employee organizations representing
13employees eligible to participate in the plan, or pursuant to
14an agreement with the department of administrative services
15to make available investment contracts included in a deferred
16compensation or similar plan established by the department
17pursuant to section 8A.438, which plan meets the requirements
18of this subsection. The determination of whether to select
19investment contracts for the plan pursuant to a competitive
20bidding process or by agreement with the department of
21administrative services shall be made by agreement between the
22board and the employee organizations representing employees
23eligible to participate in the plan.
24c. The board may make elective deferrals in accordance with
25the plan as authorized by an eligible employee for the purpose
26of making contributions to the investment contract on behalf of
27the employee. The deferrals shall be made in the manner which
28will qualify contributions to the investment contract for the
29benefits under section 403(b) of the Internal Revenue Code,
30as defined in section 422.3. In addition, the board may make
31nonelective employer contributions to the plan.
32d. As used in this subsection, unless the context otherwise
33requires, “investment contract” shall mean a custodial account
34utilizing mutual funds or an annuity contract which meets the
35requirements of section 403(b) of the Internal Revenue Code, as
-12-1defined in section 422.3.
215. Be authorized to establish and pay all or any part
3of the cost of group health insurance plans, nonprofit group
4medical service plans and group life insurance plans adopted by
5the board for the benefit of employees of the area education
6agency, from funds available to the board.
716. 11. Meet at least annually with the members of the
8boards of directors of the merged areas in which the area
9education agency is located to discuss coordination of programs
10and services and other matters of mutual interest to the
11boards.
1217. Be authorized to issue warrants and anticipatory
13warrants pursuant to chapter 74. The applicable rate of
14interest shall be determined pursuant to sections 74A.2, 74A.3,
15and 74A.7. This subsection shall not be construed to authorize
16a board to levy a tax.
1718. Be authorized to issue school credit cards allowing area
18education agency employees to pay for the actual and necessary
19expenses incurred in the performance of work-related duties.
2019. Pursuant to rules adopted by the state board of
21education, be authorized to charge user fees for certain
22materials and services that are not required by law or by rules
23of the state board of education and are specifically requested
24by a school district or accredited nonpublic school.
2520. Be authorized to purchase equipment as provided in
26section 279.48.
2721. Be authorized to sell, lease, or dispose of, in whole
28or in part, property belonging to the area education agency.
29Before the area education agency may sell property belonging
30to the agency, the board of directors shall comply with the
31requirements set forth in section 297.22. Before the board
32of directors of an area education agency may lease property
33belonging to the agency, the board shall obtain the approval of
34the director of the department of education.
3522. 12. Meet annually with the members of the boards of
-13-1directors of the school districts located within its boundaries
2if requested by the school district boards.
323. By October 1 of each year, submit to the department of
4education the following information:
5a. The contracted salary including bonus wages and benefits,
6annuity payments, or any other benefit for the administrators
7of the area education agency.
8b. The contracted salary and benefits and any other expenses
9related to support for governmental affairs efforts, including
10expenditures for lobbyists and lobbying activities for the area
11education agency.
1224. Be authorized to sell software and support services,
13professional development programs and materials, online
14professional development, and online training to entities
15other than school districts within the state and to school
16districts and other public agencies located outside of the
17state. The board may also sell to school districts within this
18state software and support services, professional development
19programs and materials, online professional development,
20and online training which the area education agency is not
21otherwise required to provide to a school district under this
22chapter or chapter 256B or 257.
2325. Require, by July 1, 2024, any person employed by
24the area education agency who holds a license, certificate,
25statement of recognition, or authorization other than a
26coaching authorization, issued by the board of educational
27examiners under chapter 256, subchapter VII, part 3, to
28complete the Iowa reading research center dyslexia overview
29module. Such persons employed after July 1, 2024, shall
30complete the module within one year of the employee’s initial
31date of hire.
32 Sec. 4. Section 273.4, Code 2024, is amended to read as
33follows:
34273.4 Duties of administrator executive director.
35Under direction of the board of directors of the area
-14-1education agency, the administrator of the area education
2agency shall director of the department of education, each
3area education agency shall employ one executive director.
4The executive director shall be appointed by and serve at the
5pleasure of the director of the department of education. The
6executive director shall be responsible for the administration,
7financial operations, and management of the area education
8agency, and in addition to other duties, shall do all of the
9following:
101. Cooperate with boards of directors of local school
11districts of the area education agency in considering and
12developing plans for the improvement of the educational
13programs and services in the area education agency.
142. When requested, provide such other assistance as
15possible to school districts of the area education agency for
16the general improvement of their educational programs and
17operations.
183. Submit program plans each year to the department of
19education, for approval by the director of the department,
20to reflect the needs of the area education agency for media
21services as provided in section 273.6.
224. When requested, provide information and prepare reports
23for the director of the department of education.
245. With the approval of the director of the department of
25education, employ such personnel as are necessary to support
26the administrative, general education, and special education
27programs and services of the area education agency.
286. With the approval of the administrator of the division of
29special education within the department of education, contract
30with public schools, nonpublic schools, and area education
31agencies, located either within this state or in a contiguous
32state, for special education programs and services.
33 Sec. 5. Section 273.5, Code 2024, is amended to read as
34follows:
35273.5 Special Additional duties of the executive director —
-15-1 special education.
2There shall be established a division of special education
3of the area education agency which The executive director
4of each area education agency shall provide for special
5education programs and services to the local school districts,
6consistent with state regulations and guidelines related to
7special education programs and services. The division of
8special education shall be headed by a director of special
9education who meets certification standards of the department
10of education. The director of special education shall have
11the responsibility for implementation of state regulations and
12guidelines relating to special education programs and services.
13 The executive director of special education shall have the
14following additional powers and duties:
151. Properly identify children requiring special education.
162. Insure that each child requiring special education in
17the area receives an appropriate special education program or
18service.
193. Assign appropriate weights for each child requiring
20special education programs or services as provided in section
21256B.9.
224. Supervise special education support personnel.
235. Provide each school district within the area served and
24the department of education with a special education weighted
25enrollment count, including the additional enrollment because
26of special education for December 1 of each year.
276. Submit to the department of education special education
28instructional and support program plans and applications,
29subject to criteria listed in chapter 256B and this chapter,
30for approval by February 15 of each year for the school year
31commencing the following July 1.
327. Coordinate the special education program within the area
33served.
34 Sec. 6. Section 273.7A, Code 2024, is amended to read as
35follows:
-16- 1273.7A Services Special education services to school
2districts.
31. a. The board of an An area education agency may only
4 provide special education services to school districts located
5in the area education agency under if the school district
6requests to receive such services and pursuant to a contract
7with between the school districts district and the area
8education agency. These services may include, but are not
9limited to, superintendency services, personnel services,
10business management services, specialized maintenance services,
11and transportation services. In addition, the board of the
12area education agency may provide for furnishing expensive
13and specialized equipment for school districts. The term
14of the contract between the school district and the area
15education agency related to the provision of special education
16services shall not be less than two years. A school district
17must provide notice to the area education agency and to the
18department of education indicating that the school district
19requests to receive special education services from the area
20education agency not later than September 30 of the school year
21preceding the school year such services will be provided.
22b. School districts shall pay to area education agencies the
23cost of providing the services.
242. The board of an An area education agency may also provide
25services authorized to be performed by area education agencies
26 the director of the department of education to other area
27education agencies in this state and to provide a method of
28payment for these services.
29 Sec. 7. Section 273.8, subsection 2, paragraph a, Code 2024,
30is amended to read as follows:
31a. Notice of the election shall be published by the
32executive director of the area education agency administrator
33 not later than September 15 of the odd-numbered year in at
34least one newspaper of general circulation in the director
35district. The cost of publication shall be paid by the area
-17-1education agency.
2 Sec. 8. Section 273.8, subsection 3, Code 2024, is amended
3to read as follows:
43. Director district convention. If no candidate files
5with the area education agency secretary by the deadline
6specified in subsection 2, or a vacancy occurs, or if otherwise
7required as provided in section 273.23, subsection 3, a
8director district convention, attended by members of the
9boards of directors of the local school districts located
10within the director district, shall be called to elect a
11board member for that director district. The convention
12location shall be determined by the executive director of the
13 area education agency administrator. Notice of the time,
14date, and place of a director district convention shall be
15published by the executive director of the area education
16agency administrator in at least one newspaper of general
17circulation in the director district at least thirty days
18prior to the day of the convention. The cost of publication
19shall be paid by the area education agency. A candidate
20for election to the area education agency board shall file a
21statement of candidacy with the area education agency secretary
22at least ten days prior to the date of the director district
23convention on forms prescribed by the department of education,
24or nominations may be made at the convention by a delegate from
25a board of directors of a school district located within the
26director district. A statement of candidacy shall include the
27candidate’s name, address, and school district. Delegates to
28director district conventions shall not be bound by a school
29board or any school board member to pledge their votes to any
30candidate prior to the date of the convention.
31 Sec. 9. Section 273.8, subsections 6, 7, and 8, Code 2024,
32are amended by striking the subsections.
33 Sec. 10. Section 273.9, Code 2024, is amended to read as
34follows:
35273.9 Funding.
-18- 11. School districts shall pay for the programs and services
2provided through the area education agency when the school
3district requests to receive the programs or services or
4otherwise agrees to receive the programs or services and shall
5include expenditures for the programs and services in their
6budgets, in accordance with this section.
72. School When school districts agree to receive special
8education instructional programs from an area education
9agency, school districts shall pay the costs of special
10education instructional programs with the moneys available to
11the districts for each child requiring special education, by
12application of the special education weighting plan in section
13256B.9. Special education instructional programs shall be
14provided at the local level if practicable, or otherwise by
15contractual arrangements with the area education agency board
16 as provided in section 273.3, subsection 5 3, but in each case
17the total money available through section 256B.9 and chapter
18257 because of weighted enrollment for each child requiring
19special education instruction shall be made available to
20the district or agency which provides the special education
21instructional program to the child, subject to adjustments
22for transportation or other costs which may be paid by the
23school district in which the child is enrolled. Each district
24shall cooperate with its area education agency to provide
25an appropriate special education instructional program for
26each child who requires special education instruction, as
27identified and counted within the certification by the area
28director of special education or as identified by the area
29 executive director of special education the area education
30agency subsequent to the certification, and shall not provide
31a special education instructional program to a child who has
32not been so identified and counted within the certification or
33identified subsequent to the certification.
343. The costs of special education support services provided
35through the area education agency shall be funded as provided
-19-1in chapter 257. Special education support services shall not
2be funded until the program plans submitted by the special
3education executive directors of each area education agency
4as required by section 273.5 are modified as necessary and
5approved by the director of the department of education
6according to the criteria and limitations of chapters 256B and
7257.
84. The costs of media services provided through the area
9education agency shall not be funded until the program plans
10submitted by the administrators of each area education agency
11as required by section 273.4 are modified as necessary and
12approved by the director of the department of education
13according to the criteria of section 273.6.
145. 4. The state board of education shall adopt rules under
15chapter 17A relating to the approval of program plans under
16this section.
17 Sec. 11. Section 273.10, subsection 6, paragraph a,
18unnumbered paragraph 1, Code 2024, is amended to read as
19follows:
20If the deficiencies in an area education program have not
21been corrected, the agency board director of the department of
22education shall take one of the following actions within sixty
23days from removal of accreditation:
24 Sec. 12. Section 273.10, subsection 6, paragraph b, Code
252024, is amended to read as follows:
26b. The rules developed by the state board of education for
27the accreditation process shall include provisions for removal
28of accreditation, including provisions for proper notice to the
29administrator executive director of the area education agency,
30each member of the board of directors of the area education
31agency, the department of education, and the superintendents
32and administrators of the schools of the districts served by
33the area education agency.
34 Sec. 13. Section 273.11, Code 2024, is amended to read as
35follows:
-20- 1273.11 Standards for accrediting area education programs.
21. The state board of education, in consultation with the
3department of education, shall develop standards and rules
4for the accreditation of area education agencies. Standards
5shall be general in nature, but at a minimum shall identify
6requirements addressing the services provided by each division,
7as well as identifying indicators of quality that will permit
8area education agencies, school districts, the department of
9education, and the general public to judge accurately the
10effectiveness of area education agency services.
112. Standards developed shall include, but are not limited
12to, the following:
13a. Support for school-community planning, including a means
14of assessing needs, developing collaborative relationships
15among community agencies, establishing shared direction, and
16implementing program plans and reporting progress toward goals
17for students with disabilities.
18b. Professional development programs that respond to current
19needs.
20c. b. Support for curriculum development, instruction,
21and assessment for services that address the areas of reading,
22language arts, math, and science, using research-based
23methodologies for students with disabilities.
24d. Special education compliance and support.
25e. Management services, including financial reporting and
26purchasing as requested and funded by local districts.
27f. Support for instructional media services that supplement
28and support local district media centers and services.
29c. Support for schools and school districts in analyzing
30student achievement data related to the learning environment,
31comparing data to the external knowledge base, and using that
32information to guide schools and school districts in setting
33goals and implementing actions to improve student learning for
34students with disabilities.
35d. Support for addressing the diverse learning needs of
-21-1all children and youths with disabilities who are eligible for
2special education, including through services that include
3direct services to students with disabilities.
4e. Support for schools and school districts to ensure
5compliance rules adopted by the state board of education
6related to special education.
7g. f. Support for necessary to implement effective
8instruction for all students with disabilities through school
9technology planning and staff development for implementing
10instructional technologies services.
11h. g. A program and services evaluation and reporting
12system related to special education.
13i. Support for school district libraries in accordance with
14section 273.2, subsection 4.
15j. h. Support for early childhood service coordination
16for families and children, age birth through three years, to
17meet health, safety, and learning needs, including service
18coordination.
19 Sec. 14. Section 273.13, Code 2024, is amended to read as
20follows:
21273.13 Administrative expenditures.
22 The administrative expenditures as a percent of an area
23education agency’s general fund for a base year shall not
24exceed five percent. Annually, the board of directors
25 executive director of each area education agency shall
26certify to the department of education the amounts of the area
27education agency’s expenditures and its general fund. For the
28purposes of this section, “base year” means the same as defined
29in section 257.2, and “administrative expenditures” means
30expenditures for executive administration.
31 Sec. 15. Section 273.14, Code 2024, is amended to read as
32follows:
33273.14 Emergency repairs.
34When emergency repairs costing more than the competitive
35bid threshold in section 26.3, or the adjusted competitive
-22-1bid threshold established in section 314.1B, subsection 2,
2are necessary in order to ensure the use of an area education
3agency facility, the provisions of law with reference to
4advertising for bids shall not apply within two years of a
5disaster as defined in section 29C.2, subsection 2, and the
6area education agency board department of administrative
7services may contract for such emergency repairs without
8advertising for bids. However, before such emergency repairs
9can be made to an area education agency facility, the state
10board of education or its designee must certify that such
11emergency repairs are necessary to ensure the use of the area
12education agency facility.
13 Sec. 16. Section 273.15, subsection 1, Code 2024, is amended
14to read as follows:
151. The board of directors of each area education agency
16shall appoint an advisory group to make recommendations on
17policy, programs, and services to the board area education
18agency. The advisory group shall provide input, feedback,
19and recommendations to the board regarding projected future
20needs, and shall provide a review and response to any
21state-directed study or task force report on area education
22agency efficiencies or reorganization.
23 Sec. 17. Section 273.15, subsection 5, Code 2024, is amended
24to read as follows:
255. The advisory group shall meet at least twice annually and
26shall submit its recommendations in a report to the board of
27directors executive director of the area education agency at
28least once annually. The report shall be timely submitted to
29allow for consideration of the recommendations prior to program
30planning and budgeting for the following fiscal year.
31 Sec. 18. REPEAL. Sections 273.6, 273.7, and 273.16, Code
322024, are repealed.
33 Sec. 19. TRANSITION PROVISIONS.
341. An area education agency shall not transfer any ownership
35interest existing as of January 1, 2024, that the area
-23-1education agency has in real property or facilities until such
2interests are transferred to the department of administrative
3services pursuant to subsection 2.
42. a. On or before July 1, 2024, all ownership interests
5that area education agencies have in real property and
6facilities attached to real property shall be transferred to
7the department of administrative services. Prior to July
81, 2024, the area education agencies and the area education
9agency boards of directors shall collaborate with the director
10of the department of administrative services to arrange for
11the orderly conveyance of all ownership interests in real
12property from the area education agencies to the department
13of administrative services. The department of administrative
14services shall be responsible for all costs associated with
15the conveyance of real property pursuant to this paragraph and
16shall assume all encumbrances attached to such real property.
17b. Notwithstanding any other provision of law to the
18contrary, the department of administrative services shall have
19the authority to dispose of all interests in real property
20conveyed to the department pursuant to paragraph “a”. Moneys
21generated by the sale of such interests in real property shall
22be deposited in the general fund of the state.
233. Prior to July 1, 2024, all interests that area education
24agencies have in real property lease agreements shall be
25transferred to the department of administrative services.
264. a. On or before May 30, 2024, each area education
27agency shall submit to the department of education an inventory
28detailing all media center and professional development
29equipment and property owned by the area education agency. If
30the area education agency would like to retain any particular
31items of media center or professional development equipment or
32property to support its special education program and services,
33the area education agency shall include a request to retain
34such equipment or property in the inventory.
35b. On or before June 14, 2024, the department of education
-24-1shall review all inventories and requests submitted pursuant to
2paragraph “a” and shall provide notice to each area education
3agency, as applicable, indicating whether the department
4approves or denies the area education agency’s request to
5retain media center or professional development equipment or
6property.
7c. On or before July 1, 2024, all of the following media
8center and professional development equipment and property
9shall be transferred from the area education agency to the
10department of administrative services:
11(1) Media center and professional development equipment
12and property that the area education agency did not request to
13retain.
14(2) Media center and professional development equipment and
15property that the area education agency requested to retain,
16but that the department denied.
17d. (1) The department of administrative services shall
18transfer to the department for the blind all media center and
19professional development equipment and property transferred to
20the department pursuant to paragraph “c” that can be utilized
21by the commission for the blind to provide library services to
22persons who are blind and persons with disabilities.
23(2) The department of administrative services may dispose
24of media center and professional development equipment and
25property transferred to the department pursuant to paragraph
26“c”, with preference being given to lower-performing public
27schools in this state. Moneys generated from the sale of media
28center or professional development equipment or property shall
29be deposited in the general fund of the state.
305. On July 1, 2024, the employment of all area education
31agency administrators employed pursuant to section 273.3,
32subsection 11, as amended in this division of this Act, is
33terminated, unless terminated earlier by the director of
34the department of education who, notwithstanding any other
35provision of law to the contrary, is authorized to terminate
-25-1the employment of such area education agency administrators.
2The changes to chapter 273 constitute just cause for discharge
3of the area education administrators under section 279.25,
4and the provisions of section 279.24 shall not apply to the
5discharge of the area education administrators. The director
6of the department of education shall appoint an executive
7director for each area education agency pursuant to section
8273.4, as amended in this division of this Act. The director,
9or the director’s designee, may exercise the authority of an
10executive director until such appointment is made.
116. Notwithstanding the January 15 and March 1 deadlines
12in section 273.2, subsection 14, as enacted by this division
13of this Act, for the fiscal year beginning July 1, 2024, and
14ending June 30, 2025, the area education agencies shall submit
15the information required under section 273.2, subsection 14,
16as enacted by this division of this Act, to the department
17of education on or before June 7, 2024, and the department
18of education shall review and either approve or reject the
19continuation of each position by June 30, 2024.
207. In employing oversight personnel, the division of
21special education within the department of education shall give
22preference to qualified personnel who seek employment with the
23division of special education because their employment with an
24area education agency terminated as a result of this division
25of this Act. Any former employee of an area education agency
26whose employment with an area education agency terminated as
27a result of this division of this Act and who is employed by
28the division of special education no later than August 1, 2024,
29shall not experience a break in service credit for their Iowa
30public employees’ retirement system benefits and shall not
31incur any loss in sick leave or vacation time.
328. Notwithstanding the September 30 deadline in section
33273.7A, as amended by this division of this Act, for the school
34year beginning July 1, 2024, school districts must provide
35notice to the area education agency and to the department of
-26-1education indicating that the school district requests to
2receive special education services from the area education
3agency not later than April 30, 2024.
4 Sec. 20. EFFECTIVE DATE. This division of this Act, being
5deemed of immediate importance, takes effect upon enactment.
6DIVISION II
7AREA EDUCATION AGENCIES — REORGANIZATION OR DISSOLUTION
8 Sec. 21. Section 273.20, Code 2024, is amended to read as
9follows:
10273.20 Definitions.
11When used in this subchapter, unless the context otherwise
12requires:
131. “Affected area education agency” or “affected agency”
14means an any of the following:
15a. Anarea education agency whose board of directors
16is executive directors are contemplating or engaged in
17reorganization efforts in accordance with this subchapter.
18b. An area education agency that the director of the
19department determines should be reorganized or dissolved in
20accordance with this subchapter.
212. “Affected board” means the board of directors of an
22area education agency that is contemplating or engaged in
23reorganization efforts in accordance with this subchapter.
243. 2. “Department” means the department of education.
254. 3. “State board” means the state board of education.
26 Sec. 22. Section 273.21, Code 2024, is amended to read as
27follows:
28273.21 Voluntary reorganization Reorganization and
29dissolution.
301. a. Two or more area education agencies may voluntarily
31reorganize under this subchapter if the area education
32agencies are contiguous, a majority of the members of each
33of the affected boards approve the reorganization, and the
34 pursuant to a reorganization plan submitted to the state board
35pursuant to subsection 3 is approved by the state board that
-27-1is prepared jointly by the executive directors of the affected
2area education agencies and submitted to the director of the
3department pursuant to subsection 2.
4b. Notwithstanding paragraph “a”, the director of the
5department may reorganize two or more area education agencies
6under this subchapter. If the director of the department
7determines two or more area education agencies should be
8reorganized, the director shall direct the executive directors
9of the affected area education agencies to jointly prepare
10and submit a reorganization plan to the director pursuant to
11subsection 2.
12c. The director of the department may dissolve an area
13education agency under this subchapter.
142. If twenty percent or more of the school districts within
15an affected area education agency file a petition by December
161 with the affected area education agency board to consider
17reorganization, the affected board shall consider the request
18and vote on the petition. If a majority of the affected board
19members vote to study the reorganization of the affected area
20education agency, the affected board shall immediately begin
21the study to consider reorganization effective by July 1 of the
22next year.
233. 2. The executive directors of the affected boards
24contemplating a voluntary reorganization area education
25agencies shall do the following:
26a. Develop detailed studies of the facilities, property,
27services, staffing necessities, equipment, programs, and other
28capabilities available in each of the affected area education
29agencies for the purpose of providing for the reorganization of
30the area education agencies in order to effect more economical
31operation and the attainment of higher standards of educational
32services for the schools.
33b. Survey the school districts within the affected area
34education agencies to determine the districts’ current and
35future programs and services, professional development, and
-28-1technology needs.
2c. Consult with the officials of school districts within the
3affected area and other citizens and periodically hold public
4hearings during the development of a plan for reorganization,
5as well as a public hearing on the final plan to be submitted to
6the director of the department.
7d. Consult with the director of the department of education
8 in the development of surveys and plans. The director of the
9department of education shall provide assistance and advice
10to the affected area education agency boards agencies as
11requested.
12e. Develop a reorganization plan that demonstrates improved
13efficiency and effectiveness of programs to meet accreditation
14standards, includes a preliminary budget for reorganized areas,
15documents public comment from the public hearings held pursuant
16to paragraph “c”, and provides for a board of directors, and
17the number of members that the board shall consist of, in
18accordance with section 273.8.
19f. Set forth the assets and liabilities of the affected
20area education agencies, which shall become the responsibility
21of the board of directors of the newly formed area education
22agency on the effective date of the reorganization.
23g. Transmit the completed plan to the state board director
24of the department by July August 15. Plans received by
25the state board after July 15 shall be considered for area
26education agency reorganization taking effect no sooner than
27July 1 after the next succeeding fiscal year.
284. 3. The state board director of the department shall
29review the reorganization plan and shall, prior to September
3030, either approve the plan as submitted, approve the plan
31contingent upon compliance with the state board’s director’s
32 recommendations, or disapprove the plan. A contingently
33approved plan shall be resubmitted with modifications to the
34director of the department not later than October 30. An
35approved plan shall take effect on July 1 of the fiscal year
-29-1following the date of approval by the state board director of
2the department.
3 Sec. 23. Section 273.22, Code 2024, is amended to read as
4follows:
5273.22 Contracts of new area education agency.
61. The terms of employment of the administrator executive
7director and staff of affected area education agencies for the
8school year beginning with the effective date of the formation
9of the new area education agency shall not may be affected
10by the formation of the new area education agency, except in
11accordance with the provisions of sections 279.15 through
12279.18, and 279.24, and the authority and responsibility to
13offer new contracts or to continue, modify, or terminate
14existing contracts pursuant to sections 279.12, 279.13, and
15 279.15 through 279.21, 279.23, and 279.24 for the school
16year beginning with the effective date of the reorganization
17shall be transferred from the boards of the existing area
18education agencies to the board of the new area education
19agency following approval of the reorganization plan by the
20state board director of the department as provided in section
21273.21, subsection 4 3.
222. a. The collective bargaining agreement of the area
23education agency with the largest basic enrollment, as
24defined in section 257.6, for the year prior to the year the
25reorganization is effective, shall serve as the base agreement
26in the new area education agency and the employees of the other
27area education agencies involved in the formation of the new
28area education agency shall automatically be accreted to the
29bargaining unit of that collective bargaining agreement for
30purposes of negotiating the contracts for the following years
31without further action by the public employment relations
32board. If only one collective bargaining agreement is in
33effect among the area education agencies that are party to
34the reorganization, that agreement shall serve as the base
35agreement, and the employees of the other agencies involved
-30-1in the formation of the new area education agency shall
2automatically be accreted to the bargaining unit of that
3collective bargaining agreement for purposes of negotiating
4the contracts for the following years without further action
5by the public employment relations board. The department of
6administrative services shall be the chief negotiator for the
7area education agencies involved in the formation of the new
8area education agency.
9b. The board of the newly formed area education agency,
10using the base agreement as its existing contract, shall
11bargain with the combined employees of the affected agencies
12for the school year that begins on the effective date of the
13reorganization. The bargaining shall be completed by the
14dates specified in section 20.17 prior to the school year
15in which the reorganization becomes effective or within one
16hundred eighty days after the organization of the new board
17 area education agency, whichever is later. If a bargaining
18agreement was already concluded by the board area education
19agency and employees of the affected area education agency
20with the contract serving as the base agreement for the school
21year beginning with the effective date of the reorganization,
22that agreement shall be void. However, if the base agreement
23contains multiyear provisions affecting school years subsequent
24to the effective year of the reorganization, the base agreement
25shall remain in effect as specified in the agreement.
26c. The provisions of the base agreement shall apply to the
27offering of new contracts or continuation, modification, or
28termination of existing contracts as provided in subsection 1.
293. The terms of a contract between the board of directors
30of a school district and the board of directors of an affected
31area education agency shall be carried out by the school board
32and the board of directors of the newly formed area education
33agency except as provided in this section.
344. The board of directors of a school district that is under
35a contract with an affected area education agency may petition
-31-1the boards of directors of the affected area education agencies
2for release from the contract. If the petition receives a
3majority of the votes cast by the members of the boards of the
4affected area education agencies, the petition is approved and
5 by the director of the department, then the contract shall be
6terminated on the effective date of the area education agency
7reorganization.
85. Not later than fifteen days after the state board
9 director of the department notifies an area education agency
10of its approval of the area education agency’s reorganization
11plan or dissolution proposal, the area education agency shall
12notify, by certified mail, the school districts located within
13the area education agency boundaries, the school districts and
14area education agencies that are contiguous to its boundaries,
15and any other school district under contract with the area
16education agency, of the state board’s director’s approval
17of the plan or proposal, and shall provide the department of
18education with a copy of any notice sent in accordance with
19this subsection. A petition to join an area education agency
20or for release from a contract with an area education agency,
21in accordance with subsections 4, 6, and 7 subsection 4, shall
22be filed not later than forty-five days after the state board
23 director of the department approves a reorganization plan or
24dissolution proposal in accordance with this chapter.
256. Within forty-five days of the state board’s approval,
26the board of directors of a school district that is contiguous
27to a newly reorganized area education agency may petition the
28board of directors of their current area education agency
29and the newly reorganized area education agency to join the
30newly reorganized area education agency. If the initial,
31or new board if established in time under section 273.23,
32subsection 3, and the board of the contiguous area education
33agency approve the petition, the reorganization, including any
34school district whose petition to join the newly reorganized
35area education agency has been approved, shall take effect in
-32-1accordance with the dates established under section 273.21,
2subsection 4. Both the initial, or new, and the contiguous
3area education agency boards must act within forty-five days of
4the deadline, as set forth in this subsection, for the filing
5of the school district’s petition. Within ten days of an area
6education agency board’s action, a school district may appeal
7to the state board the decision of an area education agency
8board to deny the school district’s petition.
97. Within forty-five days of the state board’s approval,
10the board of directors of a school district that is within
11a newly reorganized area education agency and whose school
12district is contiguous to another area education agency not
13included in the newly reorganized area education agency may
14petition the board of directors of the newly reorganized area
15education agency and the contiguous area education agency to
16join that area education agency. If the initial, or new board
17if established in time under section 273.23, subsection 3, and
18the board of the contiguous area education agency approve the
19petition, the reorganization, excluding any school district
20whose petition to join an area education agency contiguous to
21the newly reorganized area education agency has been approved,
22shall take effect in accordance with the dates established
23under section 273.21, subsection 4. Both the initial, or
24new, and the contiguous area education agency boards must act
25within forty-five days of the deadline, as set forth in this
26subsection, for the filing of the school district’s petition.
27Within ten days of an area education agency board’s action, a
28school district may appeal to the state board the decision of
29an area education agency board to deny the school district’s
30petition.
31 Sec. 24. Section 273.23, Code 2024, is amended to read as
32follows:
33273.23 Initial board.
341. A petition filed under section 273.21 shall state the
35number of directors on the initial board which shall be either
-33-1seven or nine directors. The petition reorganization plan
2submitted pursuant to section 273.21 shall specify the number
3of directors to be retained from each area, and those numbers
4shall be proportionate to the populations of the affected area
5education agencies. If the proportionate balance of directors
6among the affected area education agencies specified in the
7reorganization plan is affected by school districts petitioning
8to be excluded from the reorganization, or if the proposal
9specified in the plan does not comply with the requirement for
10proportionate representation, the state board director of the
11department shall modify the proposal. However, all affected
12 area education agencies affected shall retain at least one
13member.
142. Prior to the organization meeting of the board of
15directors of the newly formed area education agency, the boards
16of the former area education agencies shall designate directors
17to be retained as members to serve on the initial board of
18the newly formed area education agency. A vacancy occurs if
19an insufficient number of former board members reside within
20the newly formed area education agency’s boundaries or if an
21insufficient number of former board members are willing to
22serve on the board of the newly formed area education agency.
23Vacancies, as defined in section 277.29, in the membership of
24the newly formed area education agency board shall be filled
25for the unexpired portion of the term at a director district
26convention called and conducted in the manner provided in
27section 273.8 for director district conventions.
283. Not later than January 15 of the calendar year in which
29the reorganization takes effect, the initial board shall call a
30director district convention under the provisions of section
31273.8, subsection 3, for the purpose of electing a board for
32the reorganized area education agency. The new board shall
33have control of the employment of all personnel for the newly
34formed area education agency for the ensuing school year.
35Following the organization of the new board, the board shall
-34-1have authority to establish policy, enter into contracts, and
2complete such planning and take such action as is essential for
3the efficient management of the newly formed area education
4agency.
54. The initial board of the newly formed district area
6education agency shall appoint an acting administrator
7 chairperson and an acting board secretary. The appointment of
8the acting administrator shall not be subject to the continuing
9contract provisions of sections 279.20, 279.23, and 279.24.
10The acting chair shall serve until the executive director of
11the area education agency appoints a chairperson, who shall
12serve at the pleasure of the executive director.
135. The initial board, or new board if established in time
14under subsection 3, of the newly formed agency shall prepare an
15annual budget estimating income and expenditures for programs
16and services as provided in sections 273.1 through 273.9
17 and chapter 256B within the limits of funds provided under
18section 256B.9 and chapter 257. The board shall give notice
19of a public hearing on the proposed budget by publication in
20an official county newspaper in each county in the territory
21of the area education agency in which the principal place
22of business of a school district that is a part of the area
23education agency is located. The notice shall specify the
24date, which shall not be later than March 1, the time, and
25the location of the public hearing. The proposed budget as
26approved by the board shall be submitted to the state board, on
27forms provided by the department, no later than March 15 for
28approval. The state board shall review the proposed budget of
29the newly formed area education agency and shall, before May
301, either grant approval or return the budget without approval
31with comments of the state board included. An unapproved
32budget shall be resubmitted to the state board for final
33approval not later than May 15. The state board shall give
34final approval only to budgets submitted by area education
35agencies accredited by the state board or that have been given
-35-1conditional accreditation by the state board.
26. For the school year beginning on the effective date of
3an area education agency reorganization as provided in this
4subchapter, the media services cost per pupil as determined
5under section 257.37 for all districts in a newly formed area
6education agency for the budget year shall be the highest
7amount of media services cost per pupil for any of the affected
8area education agencies.
97. For the school year beginning on the effective date
10of an area education agency reorganization as provided in
11this subchapter, the educational services cost per pupil as
12determined under section 257.37 for all districts in a newly
13formed area education agency for the budget year shall be the
14highest amount of educational services cost per pupil for any
15of the affected area education agencies.
168. For the school year beginning on the effective date
17of an area education agency reorganization as provided in
18this subchapter, the special education support services
19cost per pupil shall be based upon the combined base year
20budgets for special education support services of the area
21education agencies that reorganized to form the newly formed
22area education agency, divided by the total of the weighted
23enrollment for special education support services in the
24reorganized area education agency for the base year plus the
25supplemental state aid amount per pupil for special education
26support services for the budget year as calculated in section
27257.8.
289. 5. Within one year of the effective date of the
29reorganization, a newly formed area education agency shall meet
30the accreditation requirements set forth in section 273.10,
31and the standards set forth in section 273.11. The newly
32formed area education agency shall be considered accredited
33for purposes of budget approval by the state board pursuant
34to section 273.3. The state board shall inform the newly
35formed area education agency of the accreditation on-site visit
-36-1schedule.
210. The special education support cost per pupil, the media
3cost per pupil, and the educational services cost per pupil for
4a school district petitioning into an area education agency
5shall be the special education support cost per pupil, media
6cost per pupil, and educational services cost per pupil of the
7area education agency into which it petitions if the petition
8is approved.
911. 6. Unless the reorganization of an area education
10agency takes effect less than two years before the taking
11of the next federal decennial census, a newly formed area
12education agency shall, within one year of the effective date
13of the reorganization, redraw the boundary lines of director
14districts in the area education agency if a petition filed by a
15school district to join the newly formed area education agency,
16or for release from the newly formed area education agency,
17in accordance with section 273.22, subsections 4, 6, and 7
18 subsection 4, was approved. Until the boundaries are redrawn,
19the boundaries for the newly formed area education agency shall
20be as provided in the reorganization plan approved by the state
21board director of the department in accordance with section
22273.21.
23 Sec. 25. REPEAL. Sections 273.24, 273.25, 273.26, and
24273.27, Code 2024, are repealed.
25DIVISION III
26AREA EDUCATION AGENCIES — FUNDING
27 Sec. 26. Section 257.1, subsection 2, paragraph b, Code
282024, is amended to read as follows:
29b. For the budget year commencing July 1, 1999, and for
30each succeeding budget year beginning before July 1, 2022,
31the regular program foundation base per pupil is eighty-seven
32and five-tenths percent of the regular program state cost per
33pupil. For the budget year commencing July 1, 2022, and for
34each succeeding budget year, the regular program foundation
35base per pupil is eighty-eight and four-tenths percent of the
-37-1regular program state cost per pupil. For the budget year
2commencing July 1, 1991, and for each succeeding budget year
3the special education support services foundation base is
4seventy-nine percent of the special education support services
5state cost per pupil. The combined foundation base is the sum
6of the regular program foundation base, the special education
7support services foundation base, the total teacher salary
8supplement district cost, the total professional development
9supplement district cost, the total early intervention
10supplement district cost, the total teacher leadership
11supplement district cost, and the total area education agency
12teacher salary supplement district cost, and the total area
13education agency professional development supplement district
14cost.
15 Sec. 27. Section 257.1, subsection 3, Code 2024, is amended
16to read as follows:
173. Computations rounded. In making computations and
18payments under this chapter, except in the case of computations
19relating to funding of special education support services,
20media services, and educational services provided through the
21area education agencies, and the teacher salary supplement, the
22professional development supplement, the early intervention
23supplement, and the teacher leadership supplement, the
24department of management shall round amounts to the nearest
25whole dollar.
26 Sec. 28. Section 257.4, subsection 1, paragraph a,
27subparagraph (7), Code 2024, is amended by striking the
28subparagraph.
29 Sec. 29. Section 257.9, subsection 10, Code 2024, is amended
30by striking the subsection.
31 Sec. 30. Section 257.10, subsection 8, paragraph a, Code
322024, is amended to read as follows:
33a. Combined district cost is the sum of the regular program
34district cost per pupil multiplied by the weighted enrollment,
35the special education support services district cost, the
-38-1total teacher salary supplement district cost, the total
2professional development supplement district cost, the total
3early intervention supplement district cost, and the total
4teacher leadership supplement district cost, plus the sum of
5the additional district cost allocated to the district to fund
6media services and educational services provided through the
7area education agency, the area education agency total teacher
8salary supplement district cost and the area education agency
9total professional development supplement district cost.
10 Sec. 31. Section 257.11, subsection 5, paragraph a,
11subparagraph (2), subparagraph division (b), Code 2024, is
12amended to read as follows:
13(b) “Political subdivision” means a city, township, county,
14school corporation, merged area, area education agency,
15 institution governed by the state board of regents, or any
16other governmental subdivision except for an area education
17agency.
18 Sec. 32. Section 257.11, subsection 5, paragraph e, Code
192024, is amended to read as follows:
20e. Supplementary weighting pursuant to this subsection shall
21be available to an area education agency during the period
22commencing with the budget year beginning July 1, 2014, through
23the budget year beginning July 1, 2034 2023. The minimum
24amount of additional funding for which an area education
25agency shall be eligible in a budget year is thirty thousand
26dollars, and the maximum amount of additional funding for which
27an area education agency shall be eligible is two hundred
28thousand dollars. The department of management shall annually
29set a weighting for each area education agency to generate
30the approved operational sharing expense using the area
31education agency’s special education cost per pupil amount and
32foundation level. Criteria for determining the qualification
33of operational functions for supplementary weighting shall be
34determined by the department by rule, through consideration of
35increased student opportunities.
-39-1 Sec. 33. Section 257.15, subsection 1, paragraph a, Code
22024, is amended to read as follows:
3a. For the budget year beginning July 1, 1991, the
4department of management shall calculate for each district the
5difference between the sum of the revenues generated by the
6foundation property tax and the additional property tax in the
7district calculated under this chapter and the revenues that
8would have been generated by the foundation property tax and
9the additional property tax in that district for that budget
10year calculated under chapter 442, Code 1989, if chapter 442,
11Code 1989, were in effect, except that the revenues that
12would have been generated by the additional property tax levy
13under chapter 442, Code 1989, shall not include revenues
14generated for the school improvement program. However in
15making the calculation of the difference in revenues under
16this subsection, the department shall not include the revenues
17generated under section 257.37, Code 1989, and under chapter
18442, Code 1989, for funding media and educational services
19through the area education agencies. If the property tax
20revenues for a district calculated under this chapter exceed
21the property tax revenues for that district calculated under
22chapter 442, Code 1989, the department of management shall
23reduce the revenues raised by the additional property tax levy
24in that district under this chapter by that difference and
25the department of education shall pay property tax adjustment
26aid to the district equal to that difference from moneys
27appropriated for property tax adjustment aid.
28 Sec. 34. Section 257.16, subsection 4, Code 2024, is amended
29to read as follows:
304. Notwithstanding any provision to the contrary, if
31the governor orders budget reductions in accordance with
32section 8.31, the teacher salary supplement district cost,
33the professional development supplement district cost, the
34early intervention supplement district cost, and the teacher
35leadership supplement district cost as calculated under section
-40-1257.10, subsections 9, 10, 11, and 12, and the area education
2agency teacher salary supplement district cost and the area
3education agency professional development supplement district
4cost as calculated under section 257.37A, subsections 1 and 2,
5 shall be paid in full as calculated and the reductions in the
6appropriations provided in accordance with this section shall
7be reduced from the remaining moneys appropriated pursuant
8to this section and shall be distributed on a per pupil
9basis calculated with the weighted enrollment determined in
10accordance with section 257.6, subsection 5.
11 Sec. 35. Section 257.32, subsection 1, paragraph a, Code
122024, is amended to read as follows:
13a. An area education agency budget review procedure is
14established for the school budget review committee created
15in section 257.30. The school budget review committee, in
16addition to its duties under section 257.31, shall meet and
17hold hearings each year to review unusual circumstances of
18area education agencies, either upon the committee’s motion or
19upon the request of an area education agency. The committee
20may grant supplemental aid to the area education agency from
21funds appropriated to the department of education for area
22education agency budget review purposes, or an amount may be
23added to the area education agency special education support
24services modified supplemental amount for districts in an area
25or an additional amount may be added to district cost for media
26services or educational services for all districts in an area
27 for the budget year either on a temporary or permanent basis,
28or both.
29 Sec. 36. Section 257.32, subsection 1, paragraph b,
30subparagraphs (2) and (3), Code 2024, are amended by striking
31the subparagraphs.
32 Sec. 37. Section 257.35, subsections 1, 17, and 19, Code
332024, are amended to read as follows:
341. The department of management shall deduct the amounts
35calculated for special education support services, media
-41-1services, and area education agency teacher salary supplement
2district cost, area education agency professional development
3supplement district cost, and educational services for each
4school district from the state aid due to the district pursuant
5to this chapter that has entered into an agreement with the
6area education agency pursuant to section 273.7A to provide
7services for the applicable budget year and shall pay the
8amounts to the respective area education agencies on a monthly
9basis from September 15 through June 15 during each school
10year. The department of management shall notify each school
11district of the amount of state aid deducted for these purposes
12and the balance of state aid shall be paid to the district. If
13a district does not qualify for state aid under this chapter
14in an amount sufficient to cover its amount due to the area
15education agency as calculated by the department of management,
16the school district shall pay the deficiency to the area
17education agency from other moneys received by the district, on
18a quarterly basis during each school year.
1917. a. Notwithstanding subsection 1, and in addition to the
20reductions applicable pursuant to subsection 2 and paragraph
21“b” of this subsection, the state aid for area education
22agencies and the portion of the combined district cost
23calculated for these agencies related to expenditures other
24than expenditures for professional development for the fiscal
25year beginning July 1, 2022, and ending June 30, 2023, shall
26be reduced by the department of management by fifteen million
27dollars. The reduction for each area education agency shall be
28prorated based on the reduction that the agency received in the
29fiscal year beginning July 1, 2003.
30b. Notwithstanding subsection 1, and in addition to
31the reductions applicable pursuant to subsection 2 and
32paragraph “a” of this subsection, the state aid for area
33education agencies and the portion of the combined district
34cost calculated for these agencies related to professional
35development expenditures for the fiscal year beginning July
-42-11, 2022, and ending June 30, 2023, shall be reduced by the
2department of management by an amount equal to the sum of the
3area education agency professional development supplement
4district cost for all area education agencies determined under
5section 257.37A, subsection 2, Code 2022, for the budget
6year beginning July 1, 2022. The reduction for each area
7education agency shall be equal to the area education agency’s
8professional development district cost determined under section
9257.37A, subsection 2, Code 2022, for the budget year beginning
10July 1, 2022. The amounts reduced under this paragraph shall
11be considered funds paid to school districts and area education
12agencies under chapter 284 for purposes of requirements for
13providing professional development opportunities.
1419. Notwithstanding section 257.37, an An area education
15agency may use the funds determined to be available under this
16section in a manner which the area education agency determines
17is appropriate to best maintain the level of required area
18education agency special education services. An area education
19agency may also use unreserved fund balances for media services
20or education services, as received under section 257.37, Code
212024, in a manner which the area education agency determines
22is appropriate to best maintain the level of required area
23education agency special education services.
24 Sec. 38. Section 257.37A, Code 2024, is amended to read as
25follows:
26257.37A Area education agency salary supplement funding.
271. Area education agency teacher salary supplement cost per
28pupil and district cost.
29a. 1. For the budget year beginning July 1, 2009, the
30department of management shall add together the teacher
31compensation allocation made to each area education agency for
32the fiscal year beginning July 1, 2008, pursuant to section
33284.13, subsection 1, paragraph “i”, Code 2009, and the phase II
34allocation made to each area education agency for the fiscal
35year beginning July 1, 2008, pursuant to section 294A.9, Code
-43-12009, and divide that sum by the special education support
2services weighted enrollment in the fiscal year beginning July
31, 2009, to determine the area education agency teacher salary
4supplement cost per pupil. For the budget year beginning July
51, 2010, and succeeding budget years, the area education agency
6teacher salary supplement district cost per pupil for each area
7education agency for a budget year is the area education agency
8teacher salary supplement district cost per pupil for the base
9year plus the area education agency teacher salary supplement
10supplemental state aid amount for the budget year.
11b. 2. For the budget year beginning July 1, 2010, and
12succeeding budget years, if the department of management
13determines that the unadjusted area education agency teacher
14salary supplement district cost of an area education agency
15for a budget year is less than one hundred percent of the
16unadjusted area education agency teacher salary supplement
17district cost for the base year for the area education agency,
18the area education agency shall receive a budget adjustment for
19that budget year equal to the difference.
20c. (1) 3. a. The unadjusted area education agency
21teacher salary supplement district cost is the area education
22agency teacher salary supplement district cost per pupil for
23each area education agency for a budget year multiplied by the
24special education support services weighted enrollment for that
25area education agency.
26(2) b. The total area education agency teacher salary
27supplement district cost is the sum of the unadjusted area
28education agency teacher salary supplement district cost plus
29the budget adjustment for that budget year.
30d. 4. For the budget year beginning July 1, 2009, the
31use of the funds calculated under this subsection section
32 shall comply with requirements of chapter 284 and shall be
33distributed to teachers pursuant to section 284.3A. For the
34budget year beginning July 1, 2010, and succeeding budget
35years, the use of the funds calculated under this subsection
-44-1 section and fund balances received for area education agency
2professional development for a budget year beginning before
3July 1, 2024, shall comply with the requirements of chapter
4284 and shall be distributed to teachers pursuant to section
5284.3A.
62. Area education agency professional development supplement
7cost per pupil and district cost.
8a. For the budget year beginning July 1, 2009, the
9department of management shall divide the area education
10agency professional development supplement made to each
11area education agency for the fiscal year beginning July 1,
122008, pursuant to section 284.13, subsection 1, paragraph
13“d”, Code 2009, by the special education support services
14weighted enrollment in the fiscal year beginning July 1, 2009,
15to determine the professional development supplement cost
16per pupil. For the budget year beginning July 1, 2010, and
17succeeding budget years, the area education agency professional
18development supplement district cost per pupil for each area
19education agency for a budget year is the area education agency
20professional development supplement district cost per pupil
21for the base year plus the area education agency professional
22development supplement supplemental state aid amount for the
23budget year.
24b. For the budget year beginning July 1, 2010, and
25succeeding budget years, if the department of management
26determines that the unadjusted area education agency
27professional development supplement district cost of an area
28education agency for a budget year is less than one hundred
29percent of the unadjusted area education agency professional
30development supplement district cost for the base year for
31the area education agency, the area education agency shall
32receive a budget adjustment for that budget year equal to the
33difference.
34c. (1) The unadjusted area education agency professional
35development supplement district cost is the area education
-45-1agency professional development supplement district cost
2per pupil for each area education agency for a budget year
3multiplied by the special education support services weighted
4enrollment for that area education agency.
5(2) The total area education agency professional
6development supplement district cost is the sum of the
7unadjusted area education agency professional development
8supplement district cost plus the budget adjustment for that
9budget year.
10d. The use of the funds calculated under this subsection
11 shall comply with requirements of chapter 284.
12 Sec. 39. Section 284.3A, subsection 4, Code 2024, is amended
13to read as follows:
144. The teacher salary supplement district cost as
15calculated under section 257.10, subsection 9, and the area
16education agency teacher salary supplement district cost as
17calculated under section 257.37A, subsection 1, are not subject
18to a uniform reduction in accordance with section 8.31.
19 Sec. 40. Section 284.4, subsection 1, paragraph b,
20subparagraph (3), Code 2024, is amended to read as follows:
21(3) Determine, following the adoption of the Iowa
22professional development model by the state board of education,
23the use and distribution of the professional development
24funds calculated and paid to the school district or agency as
25provided in section 257.9, subsection 10, or section 257.10,
26subsection 10, based upon school district or agency, attendance
27center, and individual teacher and professional development
28plans.
29 Sec. 41. Section 284.6, subsections 8 and 9, Code 2024, are
30amended to read as follows:
318. For each year in which a school district receives funds
32calculated and paid to school districts for professional
33development pursuant to section 257.10, subsection 10, or
34section 257.37A, subsection 2, the school district shall create
35quality professional development opportunities. Not less than
-46-1thirty-six hours in the school calendar, held outside of the
2minimum school day, shall be set aside during nonpreparation
3time or designated professional development time to allow
4practitioners to collaborate with each other to deliver
5educational programs and assess student learning, or to engage
6in peer review pursuant to section 284.8, subsection 1. The
7funds may be used to implement the professional development
8provisions of the teacher career paths and leadership roles
9specified in section 284.15, including but not limited to
10providing professional development to teachers, including
11additional salaries for time beyond the normal negotiated
12agreement; activities and pay to support a beginning teacher
13mentoring and induction program that meets the requirements
14of section 284.5; pay for substitute teachers, professional
15development materials, speakers, and professional development
16content; textbooks and curriculum materials used for classroom
17purposes if such textbooks and curriculum materials include
18professional development; administering assessments pursuant to
19section 256.7, subsection 21, paragraph “b”, subparagraphs (1)
20and (2), if such assessments include professional development;
21and costs associated with implementing the individual
22professional development plans. The use of the funds shall
23be balanced between school district, attendance center,
24and individual professional development plans, making every
25reasonable effort to provide equal access to all teachers.
269. Moneys received pursuant to section 257.10, subsection
2710, or section 257.37A, subsection 2, shall be maintained
28as a separate listing within a school district’s or area
29education agency’s budget for funds received and expenditures
30made pursuant to this subsection. The department shall not
31require a school district or area education agency to allocate
32a specific amount or percentage of moneys received pursuant to
33section 257.10, subsection 10, or section 257.37A, subsection
342, for professional development related to implementation of
35the core curriculum under section 256.7, subsection 26. A
-47-1school district shall certify to the department how the school
2district allocated the funds and that moneys received under
3this subsection were used to supplement, not supplant, the
4professional development opportunities the school district
5would otherwise make available. For budget years beginning
6on or after July 1, 2017, all or a portion of the moneys
7received pursuant to section 257.10, subsection 10, that remain
8unexpended and unobligated at the end of a fiscal year may,
9pursuant to section 257.10, subsection 10, paragraph “d”, be
10transferred for deposit in the school district’s flexibility
11account established under section 298A.2, subsection 2.
12 Sec. 42. Section 298.4, subsection 1, unnumbered paragraph
131, Code 2024, is amended to read as follows:
14The Subject to a reduction under subsection 3, the board of
15directors of a school district may certify for levy by April 30
16of a school year, a tax on all taxable property in the school
17district for a district management levy. The revenue from the
18tax levied in this section shall be placed in the district
19management levy fund of the school district. The district
20management levy shall be expended only for the following
21purposes:
22 Sec. 43. Section 298.4, Code 2024, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 3. A tax levied under this section may
25be reduced by the department of management if the department
26determines that the reduction in the school district’s combined
27district cost as a result of the repeal of section 257.37, Code
282024, and elimination of section 257.37A, subsection 2, Code
292024, does not result in a corresponding reduction in the total
30amount of property taxes levied by the school district for the
31budget year. The department of management may evaluate the
32amounts of property taxes levied by the school district and
33purposes for which such revenues are budgeted to determine the
34adequacy of the reduction in the school district’s total amount
35of property taxes.
-48-1 Sec. 44. REPEAL. Section 257.37, Code 2024, is repealed.
2 Sec. 45. APPLICABILITY. This division of this Act applies
3July 1, 2024, for school budget years beginning on or after
4that date.
5DIVISION IV
6TEACHER COMPENSATION
7 Sec. 46. Section 257.10, subsection 12, paragraph d, Code
82024, is amended to read as follows:
9d. Except as otherwise allowed under this paragraph, for
10the budget year beginning July 1, 2014, and succeeding budget
11years, the use of the funds calculated under this subsection
12shall comply with the requirements of chapter 284 and shall
13be distributed to teachers pursuant to section 284.15. The
14funds shall be used only to increase the payment for a teacher
15assigned to a leadership role pursuant to a framework or
16comparable system approved pursuant to section 284.15; to
17increase the percentages of teachers assigned to leadership
18roles; to increase the minimum teacher starting salary to
19thirty-three fifty thousand five hundred dollars; to cover the
20costs for the time mentor and lead teachers are not providing
21instruction to students in a classroom; for coverage of a
22classroom when an initial or career teacher is observing or
23co-teaching with a teacher assigned to a leadership role;
24for professional development time to learn best practices
25associated with the career pathways leadership process; and for
26other costs associated with a framework or comparable system
27approved by the department of education under section 284.15
28with the goals of improving instruction and elevating the
29quality of teaching and student learning. If all requirements
30for the school district for the use of funds calculated
31under this subsection are met and funds received under this
32subsection remain unexpended and unobligated at the end of a
33fiscal year beginning on or after July 1, 2020, the school
34district may transfer all or a portion of such unexpended
35and unobligated funds for deposit in the school district’s
-49-1flexibility account established under section 298A.2,
2subsection 2. At the end of a fiscal year beginning on or after
3July 1, 2022, school districts may use all or a portion of
4funds under this subsection for the purposes authorized under
5subsection 9, paragraph “d”, and, notwithstanding any provision
6of law to the contrary, school districts shall not be required
7to participate in or comply with section 284.15 in order to
8continue to receive funding under this subsection.
9 Sec. 47. Section 284.15, subsection 2, paragraph a,
10subparagraph (1), Code 2024, is amended to read as follows:
11(1) The salary for an initial teacher who has successfully
12completed an approved practitioner preparation program as
13defined in section 256.145 or holds an initial or intern
14teacher license issued under chapter 256, subchapter VII, part
153, shall be at least thirty-three fifty thousand five hundred
16 dollars, which shall also constitute the minimum salary for an
17Iowa teacher.
18 Sec. 48. Section 284.15, Code 2024, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 2A. The salary for a career teacher, model
21teacher, mentor teacher, or lead teacher, who holds a valid
22license issued under chapter 256, subchapter VII, part 3, and
23who has been a teacher for at least twelve years, shall be at
24least sixty-two thousand dollars.
25 Sec. 49. Section 284.16, subsection 1, paragraph a,
26unnumbered paragraph 1, Code 2024, is amended to read as
27follows:
28The beginning teacher shall be paid not less than
29thirty-three fifty thousand five hundred dollars and shall meet
30the following requirements:
31 Sec. 50. Section 284.16, Code 2024, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 1A. A career teacher, instructional coach,
34curriculum and professional development leader, or model
35teacher, who has been a teacher for at least twelve years,
-50-1shall be paid not less than sixty-two thousand dollars.
2 Sec. 51. Section 284.17, subsection 1, Code 2024, is amended
3to read as follows:
41. A minimum salary of thirty-three fifty thousand five
5hundred dollars for a full-time teacher who has less than
6twelve years of teaching experience and a minimum salary of
7sixty-two thousand dollars for a full-time teacher who has at
8least twelve years of teaching experience.
9DIVISION V
10CONFORMING CHANGES — DEPARTMENT OF EDUCATION
11 Sec. 52. Section 256.7, subsection 3, paragraph a, Code
122024, is amended to read as follows:
13a. Prescribe standards and procedures for the approval of
14practitioner preparation programs and professional development
15programs offered in this state by practitioner preparation
16institutions located within or outside this state and by area
17education agencies.
18 Sec. 53. Section 256.7, subsections 16 and 22, Code 2024,
19are amended to read as follows:
2016. Adopt rules that set standards for approval of family
21support preservice and in-service training programs, offered
22by area education agencies and practitioner preparation
23institutions, and family support programs offered by or through
24local school districts.
2522. Adopt rules and a procedure for the approval of
26para-educator preparation programs offered by a public school
27district, area education agency, community college, institution
28of higher education under the state board of regents, or
29an accredited private institution as defined in section
30256.183, subsection 1. The programs shall train and recommend
31individuals for para-educator certification under section
32256.157.
33 Sec. 54. Section 256.7, subsection 32, paragraph c, Code
342024, is amended to read as follows:
35c. Rules adopted pursuant to this subsection shall require
-51-1that online learning coursework offered by school districts,
2accredited nonpublic schools, and area education agencies be
3rigorous, high-quality, aligned with the Iowa core and core
4content requirements and standards and the national standards
5of quality for online courses issued by an internationally
6recognized association for kindergarten through grade twelve
7online learning, and taught by a teacher licensed under
8subchapter VII, part 3, who has specialized training or
9experience in online learning, including but not limited to an
10online-learning-for-Iowa-educators-professional-development
11project offered by area education agencies, a teacher
12preservice program, or comparable coursework.
13 Sec. 55. Section 256.9, subsections 18, 26, 32, 37, 55, 62,
14and 68, Code 2024, are amended to read as follows:
1518. Prepare forms and procedures as necessary to be used by
16area education agency boards, area education agencies, district
17boards, school officials, principals, teachers, and other
18employees, and to insure uniformity, accuracy, and efficiency
19in keeping records in both pupil and cost accounting, the
20execution of contracts, and the submission of reports, and
21notify the area education agency board, district board, or
22school authorities when a report has not been filed in the
23manner or on the dates prescribed by law or by rule that
24the school will not be accredited until the report has been
25properly filed. The director shall include, on any report
26for which the department prescribes the form and manner of
27its submission, a reference to any state or federal statute,
28rule, or regulation that requires the inclusion of certain
29information in the report.
3026. Approve the salaries of area education agency
31administrators executive directors.
3232. Develop, or direct the area education agencies to
33develop, a statewide technical assistance support network to
34provide school districts or district subcontractors under
35section 279.49 with assistance in creating developmentally
-52-1appropriate programs under section 279.49.
237. Develop in-service and preservice training programs
3through the area education agencies and practitioner
4preparation institutions and guidelines for school districts
5for the establishment of family support programs. Guidelines
6developed shall describe barriers to learning and development
7which can affect children served by family support programs.
855. Develop and maintain a list of approved online
9providers that provide course content through an online
10learning platform taught by a teacher licensed under
11subchapter VII, part 3, who has specialized training or
12experience in online learning including but not limited to an
13online-learning-for-Iowa-educators-professional-development
14project offered by area education agencies, a teacher
15preservice program, or comparable coursework, and whose online
16learning coursework meets the requirements established by
17rule pursuant to section 256.7, subsection 32, paragraph “c”.
18Providers shall apply for approval annually or as determined
19by the department.
2062. Develop, establish, and distribute to all school
21districts evidence-based standards, guidelines, and
22expectations for the appropriate and inappropriate responses
23to behavior in the classroom that presents an imminent threat
24of bodily injury to a student or another person and for the
25reasonable, necessary, and appropriate physical restraint
26of a student, consistent with rules adopted by the state
27board pursuant to section 280.21. The director shall consult
28with the area education agencies to create comprehensive and
29consistent standards and guidance for professional development
30relating to successfully educating individuals in the least
31restrictive environment, and for evidence-based interventions
32consistent with the standards established pursuant to this
33subsection.
3468. Develop and distribute to school districts and area
35education agencies a list of all professional development
-53-1programs and other training programs in which employees of
2school districts and area education agencies are required to
3participate pursuant to federal law or state law, including
4chapter chapters 273 and 284.
5 Sec. 56. Section 256.9, subsection 25, Code 2024, is amended
6by striking the subsection.
7 Sec. 57. Section 256.9, subsection 30, paragraph a,
8unnumbered paragraph 1, Code 2024, is amended to read as
9follows:
10Conduct or direct the area education agency to conduct
11 feasibility surveys and studies, if requested under section
12282.11, of the school districts within the area education
13agency service areas and all adjacent territory, including but
14not limited to contiguous districts in other states, for the
15purpose of evaluating and recommending proposed whole grade
16sharing agreements requested under section 282.7 and section
17282.10, subsections 1 and 4. The surveys and studies shall be
18revised periodically to reflect reorganizations which may have
19taken place in the area education agency, adjacent territory,
20and contiguous districts in other states. The surveys and
21studies shall include a cover page containing recommendations
22and a short explanation of the recommendations. The factors to
23be used in determining the recommendations include but are not
24limited to:
25 Sec. 58. Section 256.9, subsection 49, paragraph a, Code
262024, is amended to read as follows:
27a. Develop and distribute, in collaboration with the area
28education agencies, core curriculum technical assistance and
29implementation strategies that school districts and accredited
30nonpublic schools shall utilize, including but not limited to
31the development and delivery of formative and end-of-course
32model assessments classroom teachers may use to measure student
33progress on the core curriculum adopted pursuant to section
34256.7, subsection 26. The department shall, in collaboration
35with the advisory group convened in accordance with paragraph
-54-1“b” and educational assessment providers, identify and make
2available to school districts end-of-course and additional
3model end-of-course and additional assessments to align with
4the expectations included in the Iowa core curriculum.
5 Sec. 59. Section 256.9, subsection 49, paragraph c,
6unnumbered paragraph 1, Code 2024, is amended to read as
7follows:
8Establish, subject to an appropriation of funds by the
9general assembly, an Iowa reading research center which shall
10collaborate with the area education agencies in implementing
11 implement the provisions of this paragraph “c”.
12 Sec. 60. Section 256.9, subsection 49, paragraph c,
13subparagraph (1), subparagraph division (e), Code 2024, is
14amended to read as follows:
15(e) Professional development strategies and materials to
16support teacher effectiveness in student literacy development.
17Subject to an appropriation of funds by the general assembly,
18the center shall collaborate and coordinate with the area
19education agencies and the department to develop and offer to
20school districts at no cost professional development services
21to enhance the skills of elementary teachers in the use of
22evidence-based strategies to improve the literacy skills of all
23students.
24 Sec. 61. Section 256.9, subsection 49, paragraph c,
25subparagraph (2), Code 2024, is amended to read as follows:
26(2) The first efforts of the center shall focus on
27kindergarten through grade three. The center shall draw
28upon national and state expertise in the field of literacy
29proficiency, including experts from Iowa’s institutions of
30higher education and area education agencies with backgrounds
31in literacy development. The center shall seek support from
32the Iowa research community in data report development and
33analysis of available information from Iowa education data
34sources. The center shall work with the department to identify
35additional needs for tools and technical assistance for Iowa
-55-1schools to help schools achieve literacy proficiency goals
2and seek public and private partnerships in developing and
3accessing necessary tools and technical assistance.
4 Sec. 62. Section 256.11, subsection 11, paragraph e, Code
52024, is amended to read as follows:
6e. If the deficiencies have not been corrected, and the
7conditional accreditation alternatives contained in the report
8are not mutually acceptable to the state board and the local
9board, the state board shall deaccredit the school district and
10merge the territory of the school district with one or more
11contiguous school districts at the end of the school year. The
12state board may place a district under receivership for the
13remainder of the school year. The receivership shall be under
14the direct supervision and authority of the area education
15agency in which the district is located department or the
16department’s designee, which may include a contiguous school
17district. The decision of whether to deaccredit the school
18district or to place the district under receivership shall
19be based upon a determination by the state board of the best
20interests of the students, parents, residents of the community,
21teachers, administrators, and school district board members and
22upon the recommendations of the accreditation committee and the
23director.
24 Sec. 63. Section 256.11, subsection 12, paragraph a,
25unnumbered paragraph 1, Code 2024, is amended to read as
26follows:
27Division of assets and liabilities of the deaccredited
28school district shall be as provided in this paragraph “a” and
29in sections 275.29 through and 275.31.
30 Sec. 64. Section 256.11, subsection 17, paragraph c,
31unnumbered paragraph 1, Code 2024, is amended to read as
32follows:
33If the provisions of subsection 5, paragraphs “a” through “e”
34and “g” through “j”, are made inapplicable under paragraph “a”,
35or are waived under paragraph “b”, the specified subject shall
-56-1be provided by an area education agency under section 273.16,
2or by the school district or accredited nonpublic school if an
3online alternative satisfying the requirements of subparagraph
4(1), (2), or (3) can be made available by the school district
5or accredited nonpublic school. Any course not required under
6subsection 5 may also be provided by an area education agency
7under section 273.16 or by the school district or accredited
8nonpublic school. However, in either case, if offered by the
9school district or accredited nonpublic school, the specified
10subject or course shall be offered through any of the following
11means:
12 Sec. 65. Section 256.11, subsection 17, paragraph c,
13subparagraph (3), Code 2024, is amended to read as follows:
14(3) An online learning platform offered, subject to the
15initial availability of federal funds, by the department in
16collaboration with one or more area education agencies or in
17 partnership with school districts and accredited nonpublic
18schools. The online learning platform may deliver distance
19education to students, including students receiving competent
20private instruction under chapter 299A, provided such students
21register with the school district of residence and the
22coursework offered by the online learning platform is taught
23and supervised by a teacher licensed under subchapter VII, part
243, who has online learning experience and the course content
25meets the requirements established by rule pursuant to section
26256.7, subsection 32, paragraph “c”. The department and the
27area education agencies operating online learning programs
28pursuant to section 273.16 shall coordinate the online learning
29platforms to ensure the most effective use of resources and
30delivery of services. Federal funds, if available, may be used
31to offset what would otherwise be costs to school districts for
32participation in the program.
33 Sec. 66. Section 256.12, subsection 2, paragraph a, Code
342024, is amended to read as follows:
35a. This section does not deprive the respective boards
-57-1of public school districts of any of their legal powers,
2statutory or otherwise, and in accepting the specially enrolled
3students, each of the boards shall prescribe the terms of the
4special enrollment, including but not limited to scheduling
5of courses and the length of class periods. In addition,
6the board of the affected public school district shall be
7given notice by the department of its decision to permit the
8special enrollment not later than six months prior to the
9opening of the affected public school district’s school year,
10except that the board of the public school district may waive
11the notice requirement. School districts and area education
12agency boards agencies shall make public school services, which
13shall include special education programs and services and
14may include health services, services for remedial education
15programs, guidance services, and school testing services,
16available to children attending nonpublic schools in the same
17manner and to the same extent that they are provided to public
18school students. Service activities shall be similar to those
19undertaken for public school students. Health services,
20special education support, and related services provided by
21area education agencies for the purpose of identifying children
22with disabilities, assistance with physical and communications
23needs of students with physical disabilities, and services of
24an educational interpreter may be provided on nonpublic school
25premises with the permission of the lawful custodian of the
26property. Other special education services may be provided
27on nonpublic school premises at the discretion of the school
28district or area education agency provider of the service and
29with the permission of the lawful custodian of the property.
30 Sec. 67. Section 256.32A, subsection 1, paragraph b, Code
312024, is amended to read as follows:
32b. To the area education agencies regarding the required and
33preferred qualifications for dyslexia specialists required in
34accordance with section 273.2, subsection 11 9.
35 Sec. 68. Section 256.33, subsection 1, Code 2024, is amended
-58-1to read as follows:
21. The department shall consort with school districts,
3area education agencies, community colleges, and colleges
4and universities to provide assistance to them in the use
5of educational technology for instruction purposes. The
6department shall consult with the advisory committee on
7telecommunications, established in section 256.7, subsection 7,
8and other users of educational technology on the development
9and operation of programs under this section.
10 Sec. 69. Section 256.39, subsection 1, Code 2024, is amended
11to read as follows:
121. If the general assembly appropriates moneys for the
13establishment of a career pathways program, the department
14of education shall develop a career pathways grant program,
15criteria for the formation of ongoing career pathways consortia
16in each merged area, and guidelines and a process to be used
17in selecting career pathways consortium grant recipients,
18including a requirement that grant recipients shall provide
19matching funds or match grant funds with in-kind resources on a
20dollar-for-dollar basis. A portion of the moneys appropriated
21by the general assembly shall be made available to schools to
22pay for the issuance of employability skills assessments to
23public or nonpublic school students. An existing partnership
24or organization, including a regional career and technical
25education planning partnership, that meets the established
26criteria, may be considered a consortium for grant application
27purposes. One or more school districts may be considered
28a consortium for grant application purposes, provided the
29district can demonstrate the manner in which a community
30college, area education agency, representatives from business
31and labor organizations, and others as determined within
32the region will be involved. Existing regional career and
33technical education planning partnerships are encouraged to
34assist the local consortia in developing a plan and budget.
35The department shall provide assistance to consortia in
-59-1planning and implementing career pathways program efforts.
2 Sec. 70. Section 256.82, subsection 1, paragraph b,
3subparagraph (3), Code 2024, is amended to read as follows:
4(3) One member shall be appointed jointly by the
5administrators of the area education agencies created by
6chapter 273 director of the department.
7 Sec. 71. Section 256.136, subsection 4, paragraph c, Code
82024, is amended by striking the paragraph.
9 Sec. 72. Section 256.136, subsection 5, Code 2024, is
10amended to read as follows:
115. Convening the regional career and technical education
12planning partnership shall be the joint responsibility of the
13area education agency and community college located within
14the region. In convening the regional career and technical
15education planning partnership, the area education agency and
16the community college shall include stakeholders from each
17member district of the partnership.
18 Sec. 73. Section 256.145, subsection 4, Code 2024, is
19amended to read as follows:
204. “License” means the authority that is given to allow
21a person to legally serve as a practitioner, a school, an
22institution, or a course of study to legally offer professional
23development programs, other than those programs offered by
24practitioner preparation schools, institutions, or courses of
25study, or area education agencies. A license is the exclusive
26authority to perform these functions.
27 Sec. 74. Section 256.146, subsection 1, paragraph c, Code
282024, is amended to read as follows:
29c. Rules adopted pursuant to this subsection establishing
30licensure renewal requirements shall provide that up to half
31of the units needed for licensure renewal may be earned upon
32the successful completion of an individualized professional
33development plan as verified by the supervising licensed
34evaluator, or by successful completion of professional
35development courses or programs offered by a professional
-60-1development program licensed by the board, or by a practitioner
2preparation institution or area education agency approved by
3the state board of education.
4 Sec. 75. Section 256.146, subsection 17, Code 2024, is
5amended to read as follows:
617. May adopt rules for practitioners who are not eligible
7for a statement of professional recognition under subsection 9,
8but have received a baccalaureate degree and provide a service
9to students at any or all levels from prekindergarten through
10grade twelve for a school district, accredited nonpublic
11school, area education agency, or preschool program established
12pursuant to chapter 256C.
13 Sec. 76. Section 256.151, subsection 1, Code 2024, is
14amended to read as follows:
151. A license issued under board authority is valid for
16the period of time for which it is issued, unless the license
17is suspended or revoked. Except as provided in section
18256.146, subsection 1, paragraph “a”, subparagraph (2),
19permanent licenses shall not be issued. A person employed as
20a practitioner shall hold a valid license with an endorsement
21for the type of service for which the person is employed.
22This section does not limit the duties or powers of a school
23board to select or discharge practitioners or to terminate
24practitioners’ contracts. A professional development program,
25except for a program offered by a practitioner preparation
26institution or area education agency and approved by the state
27board of education, must possess a valid license for the types
28of programs offered.
29 Sec. 77. Section 256.160, subsection 1, paragraph a,
30subparagraph (1), unnumbered paragraph 1, Code 2024, is amended
31to read as follows:
32The board of directors of a school district or the executive
33director of an area education agency, the superintendent of a
34school district, the chief administrator of an area education
35agency, and the authorities in charge of an accredited
-61-1nonpublic school shall report to the board any instance of
2disciplinary action taken against a licensed school employee by
3the board of directors of the school district or the executive
4director of an area education agency, the superintendent of the
5school district, the chief administrator of the area education
6agency, or the authorities in charge of the accredited
7nonpublic school for conduct constituting any of the following:
8 Sec. 78. Section 256.160, subsection 1, paragraph a,
9subparagraph (2), Code 2024, is amended to read as follows:
10(2) The board of directors of a school district or area
11education agency, the superintendent of a school district, the
12chief administrator executive director of an area education
13agency, and the authorities in charge of an accredited
14nonpublic school shall report to the board the nonrenewal or
15termination, for reasons of alleged or actual misconduct,
16of a person’s contract executed under sections 279.12,
17279.13, 279.15, 279.16, 279.18 through 279.21, 279.23, and
18279.24, and the resignation of a person who holds a license,
19certificate, or authorization issued by the board as a result
20of or following an incident or allegation of misconduct that,
21if proven, would constitute a violation of the rules adopted
22by the board to implement section 256.146, subsection 13,
23paragraph “b”, subparagraph (1); soliciting, encouraging, or
24consummating a romantic or otherwise inappropriate relationship
25with a student; falsifying student grades, test scores,
26or other official information or material; or converting
27public property or funds to the personal use of the school
28employee, when the board or reporting official has a good
29faith belief that the incident occurred or the allegation is
30true. The board may deny a license or revoke the license
31of an administrator if the board finds by a preponderance
32of the evidence that the administrator failed to report the
33termination or resignation of a school employee holding a
34license, certificate, statement of professional recognition,
35or coaching authorization, for reasons of alleged or actual
-62-1misconduct, as defined by this section.
2 Sec. 79. Section 256.165, subsection 6, Code 2024, is
3amended to read as follows:
46. The state board of education shall work with institutions
5of higher education, private colleges and universities,
6community colleges, area education agencies, and professional
7organizations to ensure that the courses and programs required
8for authorizations under this section are offered throughout
9the state at convenient times and at a reasonable cost.
10 Sec. 80. Section 256B.8, subsection 2, Code 2024, is amended
11to read as follows:
122. An area education agency executive director of special
13education may request approval from the department of education
14to continue the special education program of a person beyond
15the period specified in section 256B.2, subsection 1, paragraph
16“a”, if the person had an accident or prolonged illness that
17resulted in delays in the initiation of or interruptions in
18that person’s special education program. Approval may be
19granted by the department to continue the special education
20program of that person for up to three years or until the
21person’s twenty-fourth birthday.
22 Sec. 81. Section 256B.9, subsection 5, Code 2024, is amended
23to read as follows:
245. The division of special education shall audit the reports
25required in section 273.5 to determine that all children in the
26area who have been identified as requiring special education
27have received the appropriate special education instructional
28and support services, and to verify the proper identification
29of pupils in the area who will require special education
30instructional services during the school year in which the
31report is filed. The division shall certify to the director
32of the department of management the correct total enrollment
33of each school district in the state, determined by applying
34the appropriate pupil weighting index to each child requiring
35special education, as certified by the directors of special
-63-1education in executive director of each area education agency.
2DIVISION VI
3SCHOOLS — REORGANIZATION OF SCHOOL DISTRICTS — CONFORMING
4CHANGES
5 Sec. 82. Section 257.9, subsection 3, Code 2024, is amended
6to read as follows:
73. Special education support services state cost per pupil
8for 1991-1992. For the budget year beginning July 1, 1991, for
9the special education support services state cost per pupil,
10the department of management shall divide the total of the
11approved budgets of the area education agencies for special
12education support services for that year approved by the state
13board of education under section 273.3, subsection 12 9, by
14the total of the weighted enrollment for special education
15support services in the state for the budget year. The special
16education support services state cost per pupil for the budget
17year is the amount calculated by the department of management
18under this subsection.
19 Sec. 83. Section 257.10, subsection 3, Code 2024, is amended
20to read as follows:
213. Special education support services district cost per
22pupil for 1991-1992. For the budget year beginning July 1,
231991, for the special education support services district
24cost per pupil, the department of management shall divide the
25approved budget of each area education agency for special
26education support services for that year approved by the state
27board of education, under section 273.3, subsection 12 9, by
28the total of the weighted enrollment for special education
29support services in the area for that budget year. The
30special education support services district cost per pupil for
31each school district in an area for the budget year is the
32amount calculated by the department of management under this
33subsection.
34 Sec. 84. Section 257.42, subsections 1 and 4, Code 2024, are
35amended to read as follows:
-64- 11. Boards of school districts, individually or jointly
2with the boards of other school districts, shall annually
3submit program plans for gifted and talented children programs
4and budget costs to the department of education and to the
5applicable gifted and talented children advisory council, if
6an advisory council has been established, as provided in this
7chapter.
84. The department of education shall adopt rules under
9chapter 17A relating to the administration of this section
10and sections 257.43 through 257.49 257.46. The rules shall
11prescribe the format of program plans submitted under section
12257.43 and shall require that programs fulfill specified
13objectives. The department shall encourage and assist school
14districts to provide programs for gifted and talented children.
15 Sec. 85. Section 274.13, Code 2024, is amended to read as
16follows:
17274.13 Attaching territory to adjoining corporation.
18In any case where, by reason of natural obstacles, any
19portion of the inhabitants of any school corporation in the
20opinion of the area education agency administrator director of
21the department of education cannot with reasonable facility
22attend school in their own corporation, the area education
23agency administrator director shall, by a written order, in
24duplicate, attach the part thus affected to an adjoining school
25corporation, the board of the same consenting thereto, one copy
26of which order shall be at once transmitted to the secretary of
27each corporation affected thereby, who shall record the same
28and make the proper designation on the plat of the corporation.
29Township or county lines shall not be a bar to the operation of
30this section.
31 Sec. 86. Section 274.14, Code 2024, is amended to read as
32follows:
33274.14 Restoration.
34When the natural obstacles by reason of which territory
35has been set off by the area education agency administrator
-65-1 director of the department of education from one school
2district and attached to another in the same or an adjoining
3county, as provided in section 274.13, have been removed, such
4territory may, upon the concurrence of the respective boards,
5be restored to the school district from which set off and shall
6be so restored by said boards upon the written application of
7two-thirds of the electors residing upon the territory so set
8off together with the concurrence of the area education agency
9administrator director and the board of the school district
10from which such territory was originally set off by the said
11administrator director.
12 Sec. 87. Section 274.37, subsection 1, Code 2024, is amended
13to read as follows:
141. The boundary lines of contiguous school corporations
15may be changed by the concurrent action of the respective
16boards of directors at their regular meetings in July, or at
17special meetings called for that purpose. Such concurrent
18action shall be subject to the approval of the area education
19agency board director of the department of education but such
20concurrent action shall stand approved if the board director
21 does not disapprove such concurrent action within thirty days
22following receipt of notice thereof. The corporation from
23which territory is detached shall, after the change, contain
24not less than four government sections of land.
25 Sec. 88. Section 274.40, Code 2024, is amended to read as
26follows:
27274.40 Vesting of powers to convey.
28Whenever a majority of the directors of any school district
29affected as in section 274.39 have moved from such district and
30have ceased to be residents thereof thereby creating vacancies
31on the school board and reducing it to less than a quorum,
32the powers vested by said section in the board of directors
33shall vest in the area education agency board director of the
34department of education and the instrument of conveyance shall
35be executed on behalf of such school district by the president
-66-1of the area education agency board director of the department
2of education until an election is called pursuant to chapter
3277.
4 Sec. 89. Section 275.1, subsection 3, Code 2024, is amended
5to read as follows:
63. If a district is attached, division of assets and
7liabilities shall be made as provided in sections 275.29
8through and 275.31. The area education agency boards director
9of the department of education shall develop detailed studies
10and surveys of the school districts within the area education
11agency and all adjacent territory for the purpose of providing
12for reorganization of school districts in order to effect more
13economical operation and the attainment of higher standards
14of education in the schools. The plans shall be revised
15periodically to reflect reorganizations which may have taken
16place in the area education agency within the impacted area and
17adjacent territory.
18 Sec. 90. Section 275.2, subsection 1, unnumbered paragraph
191, Code 2024, is amended to read as follows:
20The scope of the studies and surveys shall include all of
21the following matters in the various districts in the area
22education agency and all adjacent districts adjacent to the
23area education agency:
24 Sec. 91. Section 275.2, subsection 2, Code 2024, is amended
25to read as follows:
262. The plans shall also include suggested alternate plans
27that incorporate the school districts in the area education
28agency into reorganized districts that meet the enrollment
29standards specified in section 275.3 and may include alternate
30plans proposed by school districts for sharing programs
31under section 28E.9, 256.13, 280.15, 282.7, or 282.10 as an
32alternative to school reorganization.
33 Sec. 92. Section 275.3, Code 2024, is amended to read as
34follows:
35275.3 Minimum size.
-67- 1No new school district shall be planned by an area education
2agency board nor shall any proposal for creation or enlargement
3of any school district be approved by an area education agency
4board or submitted to electors unless there reside within
5the proposed limits of such district at least three hundred
6persons of school age who were enrolled in public schools
7in the preceding school year. Provided, however, that the
8director of the department of education shall have authority to
9grant permission to an area education agency board to approve
10the formation or enlargement of a school district containing
11a lower school enrollment than required in this section on
12the written request of such area education agency board the
13school districts that will be affected by such formation or
14enlargement if such request is accompanied by evidence tending
15to show that sparsity of population, natural barriers or
16other good reason makes it impracticable to meet the school
17enrollment requirement.
18 Sec. 93. Section 275.4, Code 2024, is amended to read as
19follows:
20275.4 Studies, surveys, and plans.
211. a. In developing studies and surveys, the area education
22agency board director of the department of education shall
23consult with the officials of school districts in the area and
24other citizens, shall from time to time hold public hearings,
25and may employ such research and other assistance as it
26 the director may determine reasonably necessary in order to
27properly carry on its the survey and prepare definite plans of
28reorganization.
29b. In addition, the area education agency board shall
30consult with the director of the department of education in
31the development of surveys and plans. The director of the
32department of education shall provide assistance to the area
33education agency boards as requested and shall advise the area
34education agency boards concerning plans of contiguous area
35education agencies and the reorganization policies adopted by
-68-1the state board of education.
22. Completed plans shall be transmitted by the area
3education agency board to the director of the department of
4education.
5 Sec. 94. Section 275.5, Code 2024, is amended to read as
6follows:
7275.5 Proposals for merger or consolidation.
8A proposal for merger, consolidation, or boundary change of
9local school districts shall first be submitted to the area
10education agency board director of the department of education
11 following the procedure prescribed in this chapter. Following
12receipt of a petition pursuant to section 275.12, the area
13education agency board director of the department of education
14 shall review its the plans and determine whether the petition
15complies with the plans which had been adopted by the board
16 director. If the petition does not comply with the plans
17which had been adopted by the board, the board department of
18education shall conduct further surveys pursuant to section
19275.4 prior to the date set for the hearing upon the petition.
20If further surveys have been conducted by the board department
21of education, the board department shall present the results of
22the further surveys at the hearing upon the petition.
23 Sec. 95. Section 275.6, Code 2024, is amended to read as
24follows:
25275.6 Progressive program.
26It is the intent of this chapter that the area education
27agency board director of the department of education shall
28carry on the program of reorganization progressively and shall,
29insofar as is possible, authorize submission of proposals to
30the electors as they are developed and approved.
31 Sec. 96. Section 275.7, Code 2024, is amended to read as
32follows:
33275.7 Budget.
34The area education agency board director of the department
35of education shall include in the budget submitted each year
-69-1such sums as it the director deems necessary to carry on its
2 the reorganization work under this chapter.
3 Sec. 97. Section 275.8, subsection 1, paragraphs a and b,
4Code 2024, are amended to read as follows:
5a. Preparation of a written joint plan by two or more
6school districts in which contiguous territory in two or more
7area education agencies is considered as a part of a potential
8school district in the area education agency on behalf of which
9such plan is filed with the department of education by the area
10education agency board.
11b. Adoption of the written joint plan at a joint session of
12the several area education agency boards of directors of school
13districts in whose areas the territory is situated. A quorum
14of each of the boards is necessary to transact business. Votes
15shall be taken in the manner prescribed in section 275.16.
16 Sec. 98. Section 275.8, subsection 2, paragraph d, Code
172024, is amended to read as follows:
18d. An affidavit signed on behalf of each of said boards
19of directors of area education agencies by a member of such
20board the director of the department of education stating the
21boundaries as shown on such plat have been agreed upon by the
22respective boards as are a part of the overall plan of school
23district reorganization of each such school.
24 Sec. 99. Section 275.8, subsection 3, Code 2024, is amended
25to read as follows:
263. Planning of joint districts shall be conducted in
27the same manner as planning for single districts, except as
28provided in this section. Studies and surveys relating to
29the planning of joint districts shall be filed with the area
30education agency in which one of the districts is located
31 director of the department of education by the board of
32directors of the school district which has the greatest taxable
33property base in the areas where the territory is situated. In
34the case of controversy over the planning of joint districts,
35the matter shall be submitted to the director of the department
-70-1of education. Judicial review of the director’s decision
2may be sought in accordance with the terms of the Iowa
3administrative procedure Act, chapter 17A. Notwithstanding the
4terms of that Act, petitions for judicial review must be filed
5within thirty days after the decision of the director.
6 Sec. 100. Section 275.9, subsection 2, Code 2024, is amended
7to read as follows:
82. The provisions of sections 275.1 through 275.5, relating
9to studies, surveys, hearings and adoption of plans shall
10constitute a mandatory prerequisite to the effectuation of
11any proposal for district boundary change. It shall be the
12mandatory duty of the area education agency board director of
13the department of education to dismiss the petition if the
14above provisions are not complied with fully.
15 Sec. 101. Section 275.11, Code 2024, is amended to read as
16follows:
17275.11 Proposals involving two or more districts.
18Subject to the approval of the area education agency
19board director of the department of education, contiguous or
20marginally adjacent territory located in two or more school
21districts may be united into a single district in the manner
22provided in sections 275.12 through 275.18, 275.20, and 275.22.
23 Sec. 102. Section 275.12, subsections 1 and 4, Code 2024,
24are amended to read as follows:
251. A petition describing the boundaries, or accurately
26describing the area included therein by legal descriptions,
27of the proposed district, which boundaries or area described
28shall conform to plans developed or the petition shall request
29change of the plan, shall be filed with the area education
30agency administrator of the area education agency in which the
31greatest number of registered voters reside director of the
32department of education. However, the area education agency
33administrator director of the department of education shall
34not accept a petition if any of the school districts affected
35have approved the issuance of general obligation bonds at
-71-1an election pursuant to section 296.6 during the preceding
2six-month period. The petition shall be signed by eligible
3electors residing in each existing school district or portion
4affected equal in number to at least twenty percent of the
5number of registered voters in the school district or portion
6affected, or four hundred eligible electors, whichever is the
7smaller number.
84. The area education agency board director of the
9department of education in reviewing the petition as provided
10in sections section 275.15 and 275.16 shall review the proposed
11method of election of school directors and may change or amend
12the plan in any manner, including to specify a different
13method of electing school directors as may be required by
14law, justice, equity, and the interest of the people. In
15the action, the area education agency board director of the
16department of education shall follow the same procedure as is
17required by sections section 275.15 and 275.16 for other action
18on the petition by the area education agency board director.
19 Sec. 103. Section 275.12, subsection 5, paragraphs a and b,
20Code 2024, are amended to read as follows:
21a. The area education agency board director of the
22department of education in reviewing a petition as provided
23in sections section 275.15 and 275.16 that is not subject to
24the division of assets and liabilities provisions in sections
25275.29 through and 275.31 shall review the proposal for
26dividing liability for payment of outstanding bonds issued
27under section 423E.5 or 423F.4, required to be included under
28section 275.28, and may change or amend the proposal in any
29manner, including to specify a different division for the
30reorganized districts or a different method of payment or
31retirement of the bonds as may be required by law, justice,
32equity, and the interest of the people. The review conducted
33by the area education agency director of the department of
34education, including any resulting change to the proposal,
35shall ensure that the reorganized district’s estimated revenue
-72-1under section 423F.2 is sufficient for the payment of principal
2and interest on the outstanding bonds required to be paid in
3the budget year following the reorganization.
4b. For bonds issued under section 423E.5 or 423F.4, the
5approval of the reorganization at election creates a lien on
6the revenues from the secure an advanced vision for education
7fund received by the reorganized district designated in the
8proposal approved by the area education agency director of
9the department of education, subject to the same priority as
10provided by the affected school district that issued the bonds.
11 Sec. 104. Section 275.14, Code 2024, is amended to read as
12follows:
13275.14 Objection — time of filing — notice.
141. Within ten days after the petition is filed, the area
15education agency administrator director of the department of
16education shall fix a final date for filing objections to the
17petition which shall be not more than sixty days after the
18petition is filed and shall fix the date for a hearing on the
19objections to the petition. Objections shall be filed in
20the office of the administrator who with the department of
21education, which shall give notice at least ten days prior
22to the final day for filing objections, by one publication
23in a newspaper published within the territory described in
24the petition, or if none is published in the territory, in a
25newspaper published in the county where the petition is filed,
26and of general circulation in the territory described. The
27notice shall also list the date, time, and location for the
28hearing on the petition as provided in section 275.15. The
29cost of publication shall be assessed to each district whose
30territory is involved in the ratio that the number of pupils
31in basic enrollment for the budget year, as defined in section
32257.6 in each district bears to the total number of pupils
33in basic enrollment for the budget year in the total area
34involved. Objections shall be in writing in the form of an
35affidavit and may be made by any person residing or owning land
-73-1within the territory described in the petition, or who would
2be injuriously affected by the change petitioned for and shall
3be on file not later than 12:00 noon of the final day fixed for
4filing objections.
52. Objection forms shall be prescribed by the department of
6education and may be obtained from the area education agency
7administrator department. Objection forms that request that
8property be removed from a proposed district shall include the
9correct legal description of the property to be removed.
10 Sec. 105. Section 275.15, Code 2024, is amended to read as
11follows:
12275.15 Hearing — decision — publication — appeal.
131. At the hearing, which shall be held within ten days of
14the final date set for filing objections, interested parties,
15both petitioners and objectors, may present evidence and
16arguments, and the area education agency board director of
17the department of education shall review the matter on its
18merits and within ten days after the conclusion of any hearing,
19shall rule on the objections and shall enter an order fixing
20the boundaries for the proposed school corporation as will
21in its the director’s judgment be for the best interests of
22all parties concerned, having due regard for the welfare of
23adjoining districts, or dismiss the petition.
242. The area education agency board director of the
25department of education, when entering the order fixing the
26boundaries, shall consider all available evidence including,
27but not limited to, information presented by the petitioners,
28all objections requesting territory exclusion, reorganization
29studies and plans, geographical patterns evidenced by students
30using open enrollment to attend school in another district
31pursuant to section 282.18, potential travel distances required
32of students, and geographic configuration of the proposed
33district. The exclusion of territory shall represent a balance
34between the rights of the objectors and the welfare of the
35reorganized district.
-74- 13. If the petition is not dismissed and the board director
2of the department of education determines that additional
3information is required in order to fix boundary lines of the
4proposed school corporation, the board director may continue
5the hearing for no more than thirty days. The date of the
6continued hearing shall be announced at the original meeting.
7Additional objections in the form required in section 275.14
8may be considered if filed with the administrator director of
9the department of education within five days, not including
10Saturdays, Sundays, or holidays, after the date of the original
11board hearing. If the hearing is continued, the area education
12agency administrator director of the department of education
13 may conduct one or more meetings with the boards of directors
14of the affected districts. Notice of any such meeting must
15be given at least forty-eight hours in advance by the area
16education agency administrator director of the department of
17education in the manner provided in section 21.4. The area
18education agency board may request that the administrator make
19alternative recommendations regarding the boundary lines of the
20proposed school corporation. The area education agency board
21 director of the department of education shall make a decision
22on the boundary lines within ten days following the conclusion
23of the continued hearing.
244. The administrator director of the department of
25education shall at once publish the decision in the same
26newspaper in which the original notice was published. Within
27twenty days after the publication, the decision rendered by
28the area education agency board director of the department of
29education may be appealed to the district court in the county
30involved by any school district affected. For purposes of
31appeal, only those school districts who filed reorganization
32petitions are school districts affected. An appeal from a
33decision of an area education agency board or joint area
34education agency boards the director of the department of
35education under section 275.4, 275.16, or this section is
-75-1subject to appeal procedures under this chapter and is not
2subject to appeal under chapter 290.
3 Sec. 106. Section 275.17, Code 2024, is amended to read as
4follows:
5275.17 Filing a petition.
6If an area education agency board the director of the
7department of education does not approve the change in
8boundaries of school districts in accordance with a petition, a
9petition describing the identical or similar boundaries shall
10not be filed for a period of six months following the date
11of the hearing or the vote of the board, whichever is later
12 director publishes the director’s decision pursuant to section
13275.15, subsection 4.
14 Sec. 107. Section 275.18, Code 2024, is amended to read as
15follows:
16275.18 Special election called — time.
171. When the boundaries of the territory to be included in
18a proposed school corporation and the number and method of
19the election of the school directors of the proposed school
20corporation have been determined as provided in this chapter,
21the area education agency administrator with whom the petition
22is filed director of the department of education shall give
23written notice of the election to the county commissioner of
24elections of the county in the proposed school corporation
25which has the greatest taxable base. The question shall be
26submitted to the voters at an election held on a date specified
27in section 39.2, subsection 4, paragraph “c” in the calendar
28year prior to the calendar year in which the reorganization
29will take effect.
302. The county commissioner of elections shall give notice
31of the election by one publication in the same newspaper in
32which previous notices have been published regarding the
33proposed school reorganization, and in addition, if more than
34one county is involved, by one publication in a legal newspaper
35in each county other than that of the first publication. The
-76-1publication shall be not less than four nor more than twenty
2days prior to the election. If the decision published pursuant
3to section 275.15 or 275.16 includes a description of the
4proposed school corporation and a description of the director
5districts, if any, the notice for election and the ballot do
6not need to include these descriptions. Notice for an election
7shall not be published until the expiration of time for appeal,
8which shall be the same as that provided in section 275.15 or
9275.16, whichever is applicable; and if there is an appeal, not
10until the appeal has been disposed of.
113. The area education agency administrator director of the
12department of education shall furnish to the commissioner a
13map of the proposed reorganized area which must be approved by
14the commissioner as suitable for posting. The map shall be
15displayed prominently in at least one place within the voting
16precinct, and inside each voting booth.
17 Sec. 108. Section 275.22, Code 2024, is amended to read as
18follows:
19275.22 Canvass and return.
20The canvass shall be conducted pursuant to section
2150.24. The county commissioner of elections or controlling
22commissioner shall certify the results of the election to the
23area education agency administrator director of the department
24of education. If the majority of the votes cast by the
25registered voters is in favor of the proposition, as provided
26in section 275.20, a new school corporation shall be organized.
27If the majority of votes cast is opposed to the proposition,
28a new petition describing the identical or similar boundaries
29shall not be filed for at least six months from the date of
30the election. If territory is excluded from the reorganized
31district, action pursuant to section 274.37 shall be taken
32prior to the effective date of reorganization. The secretary
33of the new school corporation shall file a written description
34of the boundaries as provided in section 274.4.
35 Sec. 109. Section 275.23A, subsection 2, Code 2024, is
-77-1amended to read as follows:
22. Following each federal decennial census the school
3board shall determine whether the existing director district
4boundaries meet the standards in subsection 1 according to
5the most recent federal decennial census. In addition to the
6authority granted to voters to change the number of directors
7or method of election as provided in sections 275.35, 275.36,
8and 278.1, the board of directors of a school district may,
9following a federal decennial census, by resolution and
10in accordance with this section, authorize a change in the
11method of election as set forth in section 275.12, subsection
122, or a change to either five or seven directors after the
13board conducts a hearing on the resolution. If the board
14proposes to change the number of directors from seven to five
15directors, the resolution shall include a plan for reducing
16the number of directors. If the board proposes to increase
17the number of directors to seven directors, two directors
18shall be added according to the procedure described in section
19277.23, subsection 2. If necessary, the board of directors
20shall redraw the director district boundaries. The director
21district boundaries shall be described in the resolution
22adopted by the school board. The resolution shall be adopted
23no earlier than November 15 of the second year immediately
24following the year in which the federal decennial census is
25taken and no later than May 15 of the third year immediately
26following the year in which the federal decennial census
27is taken. A copy of the plan shall be filed with the area
28education agency administrator of the area education agency in
29which the school’s electors reside director of the department
30of education. If the board does not provide for an election
31as provided in sections 275.35, 275.36, and 278.1 and adopts
32a resolution to change the number of directors or method of
33election in accordance with this subsection, the district
34shall change the number of directors or method of election as
35provided unless, within twenty-eight days following the action
-78-1of the board, the secretary of the board receives a petition
2containing the required number of signatures, asking that an
3election be called to approve or disapprove the action of
4the board in adopting the resolution. The petition must be
5signed by eligible electors equal in number to not less than
6one hundred or thirty percent of the number of voters at the
7last preceding regular school election, whichever is greater.
8The board shall either rescind its action or direct the
9county commissioner of elections to submit the question to the
10registered voters of the school district at an election held
11on a date specified in section 39.2, subsection 4, paragraph
12“c”. If a majority of those voting on the question at the
13election favors disapproval of the action of the board, the
14district shall not change the number of directors or method of
15election. If a majority of those voting on the question does
16not favor disapproval of the action, the board shall certify
17the results of the election to the department of management and
18the district shall change the number of directors or method of
19election as provided in this subsection. At the expiration of
20the twenty-eight-day period, if no petition is filed, the board
21shall certify its action to the department of management and
22the district shall change the number of directors or method of
23election as provided in this subsection.
24 Sec. 110. Section 275.25, subsection 1, paragraph a, Code
252024, is amended to read as follows:
26a. If the proposition to establish a new school district
27carries under the method provided in this chapter, the area
28education agency administrator with whom the petition was filed
29 director of the department of education shall give written
30notice of a proposed date for a special election for directors
31of the newly formed school district to the commissioner
32of elections of the county in the district involved in the
33reorganization which has the greatest taxable base. The
34proposed date shall be as soon as possible pursuant to section
3539.2, subsections 1 and 2, and section 47.6, subsections 1
-79-1and 2, but not later than the third Tuesday in January of the
2calendar year in which the reorganization takes effect.
3 Sec. 111. Section 275.25, subsection 2, paragraph b, Code
42024, is amended to read as follows:
5b. The county board of supervisors shall canvass the votes
6and the county commissioner of elections shall report the
7results to the area education agency administrator director of
8the department of education who shall notify the persons who
9are elected directors.
10 Sec. 112. Section 275.25, subsection 4, Code 2024, is
11amended to read as follows:
124. The board of the newly formed district shall organize
13within fifteen days after the special election upon the call
14of the area education agency administrator director of the
15department of education. The new board shall have control of
16the employment of personnel for the newly formed district for
17the next following school year under section 275.33. Following
18the first organizational meeting of the board of the newly
19formed district, the board may establish policy, organize
20curriculum, enter into contracts, complete planning, and take
21action as necessary for the efficient management of the newly
22formed community school district.
23 Sec. 113. Section 275.26, Code 2024, is amended to read as
24follows:
25275.26 Payment of expenses.
261. If a district is established or changes its boundaries it
27shall pay all expenses incurred by the area education agency
28administrator and the area education agency board department
29of education in connection with the proceedings. The county
30commissioner of elections shall assess the costs of the
31election against the district as provided in section 47.3. If
32the proposition is dismissed or defeated at the election, all
33expenses shall be apportioned among the several districts in
34proportion to the assessed valuation of property therein.
352. If the proposed district or boundary change embraces
-80-1territory in more than one area education agency school
2district, such expenses shall be certified to and, if
3necessary, apportioned among the several districts by the joint
4agency board director of the department of education. If in
5only one agency, the certification shall be made by the agency
6administrator.
73. The respective boards to which such expenses are
8certified shall audit and order the same paid from the general
9fund. In the event of failure of any board to so audit and
10pay the expenses certified to it, the area education agency
11administrator director of the department of education shall
12certify the expenses to the county auditor in the same manner
13as is provided for tuition claims in section 282.21 and the
14funds shall be transferred by the county treasurer from the
15debtor district to the agency board department of education for
16payment of said expenses.
17 Sec. 114. Section 275.28, Code 2024, is amended to read as
18follows:
19275.28 Plan of division of assets and liabilities.
20In addition to setting up the territory to comprise the
21reorganized districts, a reorganization petition shall provide
22for a division of assets and liabilities of the districts
23affected among the reorganized districts. However, if
24territory is excluded from the reorganized district by the
25petition or by the area education agency board of directors
26 director of the department of education, the division of all
27assets and liabilities shall be made under the provisions of
28sections 275.29 through and 275.31.
29 Sec. 115. Section 275.39, Code 2024, is amended to read as
30follows:
31275.39 Excluded territory included in new petition.
32Territory described in the petition of a proposed
33reorganization which has been set out of the proposed
34reorganization by the area education agency board or the joint
35boards and in the event of an appeal, after the decision of the
-81-1director of the department of education or the courts, may be
2included in any new petition for reorganization.
3 Sec. 116. Section 275.41, subsections 1 and 4, Code 2024,
4are amended to read as follows:
51. As an alternative to the method specified in section
6275.25 for electing directors in a newly formed community
7school district, the procedure specified in this section may
8be used and if used, the petition filed under section 275.12
9shall state the number of directors on the initial board.
10If two districts are named in the petition, either five or
11seven directors shall serve on the initial board. If three
12or more districts are named in the petition, either seven or
13nine directors shall serve on the initial board. The petition
14shall specify the number of directors to be retained from each
15district, and those numbers shall be proportionate to the
16populations of the districts. If the exclusion of territory
17from a reorganization affects the proportionate balance
18of directors among the affected districts specified in the
19petition, or if the proposal specified in the petition does not
20comply with the requirement for proportionate representation,
21the area education board director of the department of
22education shall modify the proposal. However, all districts
23affected shall retain at least one member.
244. The board of the newly formed district shall organize
25within forty-five days after the approval of the merger upon
26the call of the area education agency administrator director
27of the department of education. The new board shall have
28control of the employment of all personnel for the newly
29formed district for the ensuing school year. Following the
30organization of the new board the board shall have authority to
31establish policy, organize curriculum, enter into contracts and
32complete such planning and take such action as is essential for
33the efficient management of the newly formed community school
34district.
35 Sec. 117. Section 275.51, subsection 4, Code 2024, is
-82-1amended to read as follows:
24. The board of the school district shall certify to
3the area education agency board director of the department
4of education that a commission has been formed, the
5names and addresses of commission members, and that the
6commission members represent the various geographic areas and
7socioeconomic factors present in the district.
8 Sec. 118. Section 275.52, subsection 3, Code 2024, is
9amended to read as follows:
103. The commission may seek assistance from the area
11education agency and the department of education.
12 Sec. 119. Section 275.54, subsection 4, paragraph a, Code
132024, is amended to read as follows:
14a. If the board of a district to which area of the
15dissolving school district will be attached objects to
16the division of assets and liabilities contained in the
17dissolution proposal, the matter shall be decided by a panel
18of disinterested arbitrators. The panel shall consist of one
19arbitrator selected jointly by affected districts objecting
20to the provisions of the dissolution proposal, one selected
21jointly by the affected districts in favor of the provisions of
22the dissolution proposal, and one selected by the dissolving
23district. If the number of arbitrators selected is even, a
24disinterested arbitrator shall be selected by the administrator
25of the area education agency to which the dissolving district
26belongs director of the department of education. The decision
27of the arbitrators shall be made in writing and filed with
28the secretary of each affected school district. A party to
29the proceedings may appeal the decision to the district court
30by serving notice on the secretary of each affected school
31district within twenty days after the decision is filed.
32The appeal shall be tried in equity and a decree entered
33determining the entire matter, including the levy, collection,
34and distribution of any necessary taxes.
35 Sec. 120. Section 276.10, subsection 5, Code 2024, is
-83-1amended to read as follows:
25. The school districts may cooperate with community
3colleges, and institutions under the control of the state board
4of regents, and area education agencies in providing community
5education programs.
6 Sec. 121. Section 279.6, subsection 1, paragraph b,
7subparagraph (4), Code 2024, is amended to read as follows:
8(4) Notwithstanding any requirement of this paragraph to
9the contrary, when the board is reduced below a quorum, the
10secretary of the board, or if there is no secretary, the area
11education agency administrator director of the department of
12education, shall call a special election in the district,
13subdistrict, or subdistricts, as the case may be, to fill the
14vacancies.
15 Sec. 122. Section 279.7, subsection 1, Code 2024, is amended
16to read as follows:
171. If a vacancy or vacancies occur among the elective
18officers or members of a school board and the remaining members
19of the board have not filled the vacancy within thirty days
20after the vacancy occurs or if a valid petition is submitted
21to the secretary of the board pursuant to section 279.6,
22subsection 1, or when the board is reduced below a quorum,
23the secretary of the board, or if there is no secretary,
24the area education agency administrator director of the
25department of education, shall call a special election in the
26district, subdistrict, or subdistricts, as the case may be,
27to fill the vacancy or vacancies. The county commissioner of
28elections shall publish the notices required by law for special
29elections, and the election shall be held not sooner than
30thirty days nor later than forty days after the thirtieth day
31following the day the vacancy occurs. If the secretary fails
32for more than three days to call an election, the administrator
33 director of the department of education shall call it.
34 Sec. 123. Section 279.23, subsection 4, Code 2024, is
35amended to read as follows:
-84- 14. For purposes of this section and sections 279.23A,
2279.24, and 279.25, the term “administrator” includes school
3superintendents, assistant superintendents, educational
4directors employed by school districts for grades kindergarten
5through twelve, educational directors employed by area
6education agencies under chapter 273, principals, assistant
7principals, other certified school supervisors employed
8by school districts for grades kindergarten through twelve
9as defined under section 20.4, and other certified school
10supervisors employed by area education agencies under chapter
11273. For purposes of this section and sections 279.23A,
12279.24, and 279.25, with regard to community college employees,
13“administrator” includes the administrator of an instructional
14division or an area of instructional responsibility, and the
15administrator of an instructional unit, department, or section.
16 Sec. 124. Section 279.30, Code 2024, is amended to read as
17follows:
18279.30 Payments — exceptions.
19Each payment must be made payable to the person entitled to
20receive the money or deposited directly into an account at a
21financial institution, as defined in section 527.2, specified
22by the person entitled to receive the money. The board of
23directors of a school district or an executive director of
24an area education agency may by resolution authorize the
25secretary, upon approval of the superintendent or designee,
26or administrator executive director, in the case of an area
27education agency, to issue payments when the board of directors
28is not in session in payment of reasonable and necessary
29expenses, but only upon verified bills filed with the secretary
30or administrator executive director, and for the payment of
31salaries pursuant to the terms of a written contract. Each
32payment must be made payable only to the person performing
33the service or presenting the verified bill, and must state
34the purpose for which the payment is issued. All bills and
35salaries for which payments are issued prior to audit and
-85-1allowance by the board must be passed upon by the board of
2directors at the next meeting and be entered in the regular
3minutes of the secretary.
4 Sec. 125. Section 279.50, subsection 8, Code 2024, is
5amended by striking the subsection.
6 Sec. 126. Section 279.51, subsection 1, paragraph a, Code
72024, is amended to read as follows:
8a. Two hundred seventy-five thousand eight hundred
9sixty-four dollars of the funds appropriated shall be allocated
10to the area education agencies child development coordinating
11council to assist school districts in developing program plans
12and budgets under this section and to assist school districts
13and child development programs under section 256A.3 in meeting
14other responsibilities in early childhood education.
15 Sec. 127. Section 279.51A, subsection 3, Code 2024, is
16amended to read as follows:
173. If the student whose behavior caused the classroom
18clearance has an individualized education program or a
19behavioral intervention plan, the classroom teacher shall call
20for and be included in a review and potential revision of
21the student’s individualized education program or behavioral
22intervention plan by the student’s individualized education
23program team. The area education agency, in collaboration
24with the school district and area education agency, if the
25area education agency is providing special education services
26to the school district pursuant to section 273.7A, may,
27when the parent or guardian meets with the individualized
28education program team during the reevaluation of the student’s
29individualized education program, inform the parent or guardian
30of individual or family counseling services available in the
31area.
32 Sec. 128. Section 280.19A, subsections 1 and 2, Code 2024,
33are amended to read as follows:
341. Each school district shall adopt a plan to provide
35alternative options education programs to students who are
-86-1either at risk of dropping out or have dropped out. An
2alternative options education program may be provided in a
3district, through a sharing agreement with a school in a
4contiguous district, or through an areawide program available
5at the community college serving the merged area in which
6the school district is located. Each area education agency
7shall provide assistance in establishing a plan to provide
8alternative education options to students attending a public
9school in a district served by the agency.
102. When a plan is developed, the district shall be
11responsible for the operation of the program and shall
12reimburse the area education agency for the actual costs
13incurred by the area education agency under this section.
14 Sec. 129. Section 280.29, subsection 1, paragraph a, Code
152024, is amended to read as follows:
16a. Work with an area education agency child welfare
17liaison, if the area education agency has employed such a
18liaison in accordance with section 273.2, subsection 10 8, to
19develop systems to ease the enrollment transition of a child
20adjudicated under chapter 232 or receiving foster care services
21to another school.
22 Sec. 130. Section 280A.4, subsection 6, Code 2024, is
23amended to read as follows:
246. A school district, an accredited nonpublic school,
25an area education agency, the board of directors of a school
26district or an area education agency, authorities in charge of
27the accredited nonpublic school, and employees of the school
28district, accredited nonpublic school or area education agency,
29shall not be liable for any injury arising from the provision
30of voluntary behavioral health screenings or behavioral health
31services in accordance with this chapter, provided such person
32has acted reasonably and in good faith and in accordance with
33the provisions of this chapter.
34 Sec. 131. Section 282.7, subsection 3, Code 2024, is amended
35to read as follows:
-87- 13. Notwithstanding sections 28E.9 and 282.8, a school
2district may negotiate an agreement under subsection 1 for
3attendance of its pupils in a school district located in a
4contiguous state subject to a reciprocal agreement by the two
5state boards in the manner provided in this subsection. Prior
6to negotiating an agreement with the school district in the
7contiguous state, the board of directors shall file a written
8request with the state board of education for a determination
9whether the school district in the contiguous state meets
10requirements substantially similar to those required for
11accredited or approved school districts in this state and
12the school district receives or has available services
13equivalent to those that would be provided in this state by
14an area education agency. The school district shall also
15obtain approval by the department of education of the sharing
16proposal, before the agreement becomes effective. Six months
17before making the request for approval, the district shall
18request a feasibility study from the department of education.
19If the state board of this state and the corresponding
20state board in the contiguous state agree that the school
21districts of their respective states meet substantially similar
22requirements and have substantially similar services available
23to the school district, and if the Iowa department of education
24approves the proposed contract, the two state boards may sign
25a reciprocal agreement for attendance of their pupils in the
26school district of the other state, subject to the agreement
27signed between the boards of directors of the two districts.
28A school district that negotiates an agreement with a school
29district in a contiguous state under this subsection is not
30eligible for supplementary weighting under section 257.11 as a
31result of that agreement.
32 Sec. 132. Section 284.2, subsection 9, Code 2024, is amended
33to read as follows:
349. “School board” means the board of directors of a school
35district, or a collaboration of boards of directors of school
-88-1districts, or the board of directors of an area education
2agency, as the context requires.
3 Sec. 133. Section 284.3A, subsection 1, paragraphs a and b,
4Code 2024, are amended to read as follows:
5a. For the school year beginning July 1, 2009, if the
6licensed employees of a school district or area education
7agency receiving funds pursuant to sections 257.10 and 257.37A
8are organized under chapter 20 for collective bargaining
9purposes, the school board or the area education agency and
10the certified bargaining representative for the licensed
11employees shall negotiate the distribution of the funds
12among the teachers employed by the school district or area
13education agency according to chapter 20. The department of
14administrative services shall be the chief negotiator for the
15area education agency.
16b. If the licensed employees of a school district or area
17education agency are not organized for collective bargaining
18purposes, the board of directors or the area education agency
19 shall determine the method of distribution of such funds.
20 Sec. 134. Section 284.3A, subsection 2, paragraph c, Code
212024, is amended to read as follows:
22c. If the licensed employees of a school district or area
23education agency are not organized for collective bargaining
24purposes, the board of directors or the area education agency
25 shall create the new combined salary. The board of directors
26or the area education agency shall determine adjustments in
27salaries resulting from a reduction in the teacher salary
28supplement per pupil amount.
29 Sec. 135. Section 284.6, subsections 6 and 10, Code 2024,
30are amended to read as follows:
316. School districts, a consortium of school districts,
32area education agencies, higher education institutions,
33and other public or private entities including professional
34associations may be approved by the state board to provide
35teacher professional development. The professional development
-89-1program or offering shall, at minimum, meet the requirements
2of subsection 1. The state board shall adopt rules for the
3approval of professional development providers and standards
4for the district development plan.
510. If funds are allocated for purposes of professional
6development pursuant to section 284.13, subsection 1, paragraph
7“c”, the department shall, in collaboration with the area
8education agencies, establish teacher development academies for
9school-based teams of teachers and instructional leaders. Each
10academy shall include an institute and shall provide follow-up
11training and coaching.
12 Sec. 136. Section 284.6A, subsection 2, paragraph a, Code
132024, is amended to read as follows:
14a. A school district or accredited nonpublic school, or a
15collaborative of one or more school districts, and accredited
16nonpublic schools, and area education agencies, may apply to
17the department, in the manner prescribed by the department, to
18receive moneys from the fund to provide proven professional
19development activities for Iowa teachers in the area of
20computer science education.
21 Sec. 137. Section 284.13, subsection 1, paragraph d,
22subparagraph (3), Code 2024, is amended to read as follows:
23(3) Of the moneys allocated to the department for the
24purposes of this paragraph “d”, for each fiscal year included
25in subparagraph (1), not more than six hundred twenty-six
26thousand one hundred ninety-one dollars shall be used by
27the department for the development of a delivery system, in
28collaboration with area education agencies, to assist in
29implementing the career paths and leadership roles considered
30pursuant to sections 284.15, 284.16, and 284.17, including but
31not limited to planning grants to school districts and area
32education agencies, technical assistance for the department,
33technical assistance for districts and area education agencies,
34training and staff development, and the contracting of external
35expertise and services. In using moneys allocated for purposes
-90-1of this subparagraph (3), the department shall give priority to
2school districts with certified enrollments of fewer than six
3hundred students. A portion of the moneys allocated annually
4to the department for purposes of this subparagraph (3) may be
5used by the department for administrative purposes and for not
6more than five full-time equivalent positions.
7 Sec. 138. Section 284.13, subsection 1, paragraph f, Code
82024, is amended to read as follows:
9f. For the fiscal year beginning July 1, 2023, and ending
10June 30, 2024, to the department an amount up to six hundred
11twenty-six thousand one hundred ninety-one dollars shall be
12used by the department for a delivery system, in collaboration
13with area education agencies, to assist in implementing the
14career paths and leadership roles considered pursuant to
15sections 284.15, 284.16, and 284.17, including but not limited
16to planning grants to school districts and area education
17agencies, technical assistance for the department, technical
18assistance for districts and area education agencies, training
19and staff development, and the contracting of external
20expertise and services. In using moneys allocated for purposes
21of this paragraph, the department shall give priority to school
22districts with certified enrollments of fewer than six hundred
23students. A portion of the moneys allocated annually to the
24department for purposes of this paragraph may be used by the
25department for administrative purposes and for not more than
26five full-time equivalent positions.
27 Sec. 139. Section 284.15, subsection 12, paragraph a,
28subparagraph (1), subparagraph division (d), Code 2024, is
29amended to read as follows:
30(d) One person appointed jointly by the administrators
31 executive directors of the area education agencies created
32under chapter 273.
33 Sec. 140. Section 284.16, subsection 1, paragraph c,
34subparagraph (4), Code 2024, is amended to read as follows:
35(4) Instructional coaching shall include detailed
-91-1preliminary discussions as to areas in which the teachers
2being coached desire to improve; formulation of an action
3plan to bring about such improvement; in-class supervision
4by the instructional coach; postclass discussion of
5strengths, weaknesses, and strategies for improvement; and
6dialogue between the instructional coach and students and
7school officials regarding the teachers being coached. An
8instructional coach shall coordinate instructional coaching
9activities relating to training and professional development
10with an area education agency where appropriate.
11 Sec. 141. Section 284A.2, subsections 1 and 7, Code 2024,
12are amended to read as follows:
131. “Administrator” means an individual holding a
14professional administrator license issued under chapter
15256, subchapter VII, part 3, who is employed in a school
16district administrative position by a school district or area
17education agency pursuant to a contract issued by a board of
18directors under section 279.23 and is engaged in instructional
19leadership. An administrator may be employed in both an
20administrative and a nonadministrative position by a board of
21directors and shall be considered a part-time administrator
22for the portion of time that the individual is employed in an
23administrative position.
247. “Mentor” means an individual employed by a school
25district or area education agency as a school district
26administrator or a retired administrator who holds a valid
27license issued under chapter 256, subchapter VII, part 3. The
28individual must have a record of four years of successful
29administrative experience and must demonstrate professional
30commitment to both the improvement of teaching and learning and
31the development of beginning administrators.
32 Sec. 142. Section 284A.5, subsections 4 and 5, Code 2024,
33are amended to read as follows:
344. A beginning administrator shall be informed by the school
35district or the area education agency, prior to the beginning
-92-1administrator’s participation in a mentoring and induction
2program, of the criteria upon which the administrator will be
3evaluated and of the evaluation process utilized by the school
4district or area education agency.
55. By the end of a beginning administrator’s first year of
6employment, the beginning administrator may be comprehensively
7evaluated to determine if the administrator meets expectations
8to move to a professional administrator license, where
9appropriate. The school district or area education agency that
10employs a beginning administrator shall recommend the beginning
11administrator for a professional administrator license, where
12appropriate, if the beginning administrator is determined
13through a comprehensive evaluation to demonstrate competence in
14the Iowa standards for school administrators adopted pursuant
15to section 256.7, subsection 27. A school district or area
16education agency may allow a beginning administrator a second
17year to demonstrate competence in the Iowa standards for school
18administrators if, after conducting a comprehensive evaluation,
19the school district or area education agency determines
20that the administrator is likely to successfully demonstrate
21competence in the Iowa standards for school administrators by
22the end of the second year. Upon notification by the school
23district or area education agency, the board of educational
24examiners shall grant a beginning administrator who has been
25allowed a second year to demonstrate competence a one-year
26extension of the beginning administrator’s initial license. An
27administrator granted a second year to demonstrate competence
28shall undergo a comprehensive evaluation at the end of the
29second year.
30 Sec. 143. Section 284A.6, subsections 1 and 2, Code 2024,
31are amended to read as follows:
321. Each school district shall be responsible for the
33provision of professional growth programming for individuals
34employed in a school district administrative position by the
35school district or area education agency as deemed appropriate
-93-1by the board of directors of the school district or area
2education agency. School districts may collaborate with other
3educational stakeholders including other school districts,
4area education agencies, professional organizations, higher
5education institutions, and private providers regarding the
6provision of professional development for school district
7administrators. Professional development programming for
8school district administrators may include support that meets
9the professional development needs of individual administrators
10aligned to the Iowa standards for school administrators adopted
11pursuant to section 256.7, subsection 27, and meets individual
12administrator professional development plans.
132. In cooperation with the administrator’s evaluator,
14the administrator who has a professional administrator
15license issued by the board of educational examiners pursuant
16to chapter 256, subchapter VII, part 3, and is employed
17by a school district or area education agency in a school
18district administrative position shall develop an individual
19administrator professional development plan. The purpose
20of the plan is to promote individual and group professional
21development. The individual plan shall be based, at a minimum,
22on the needs of the administrator, the Iowa standards for
23school administrators adopted pursuant to section 256.7,
24subsection 27, and the student achievement goals of the
25attendance center and the school district.
26 Sec. 144. Section 285.1, subsections 6, 7, 9, and 13, Code
272024, are amended to read as follows:
286. When the school designated for attendance of pupils
29is engaged in the transportation of pupils, the sending or
30designating school shall use these facilities and pay the pro
31rata cost of transportation except that a district sending
32pupils to another school may make other arrangements when it
33can be shown that such arrangements will be more efficient and
34economical than to use facilities of the receiving school,
35providing such arrangements are approved by the board of the
-94-1area education agency.
27. If a local board closes either elementary or high school
3facilities and is approved by the board of the area education
4agency to operate its own transportation equipment, the full
5cost of transportation shall be paid by the board for all
6pupils living beyond the statutory walking distance from the
7school designated for attendance.
89. Distance to school or to a bus route shall in all
9cases be measured on the public highway only and over the
10most passable and safest route as determined by the area
11education agency board, starting in the roadway opposite the
12private entrance to the residence of the pupil and ending in
13the roadway opposite the entrance to the school grounds or
14designated point on bus route.
1513. When a local board fails to pay transportation costs
16due to another school for transportation service rendered, the
17board of the creditor corporation shall file a sworn statement
18with the area education agency board department of education
19 specifying the amount due. The agency board department of
20education shall check such claim and if the claim is valid
21shall certify to the county auditor. The auditor shall
22transmit to the county treasurer an order directing the county
23treasurer to transfer the amount of such claim from the funds
24of the debtor corporation to the creditor corporation and the
25treasurer shall pay the same accordingly.
26 Sec. 145. Section 285.1, subsection 16, paragraphs b and c,
27Code 2024, are amended to read as follows:
28b. As an alternative to paragraph “a” of this subsection,
29subject to section 285.9, subsection 3, where practicable,
30and at the option of the public school district in which
31a nonpublic school pupil resides, the school district
32may transport a nonpublic school pupil to a nonpublic
33school located outside the boundary lines of the public
34school district if the nonpublic school is located in a
35school district contiguous to the school district which is
-95-1transporting the nonpublic school pupils, or may contract with
2the contiguous public school district in which a nonpublic
3school is located for the contiguous school district to
4transport the nonpublic school pupils to the nonpublic school
5of attendance within the boundary lines of the contiguous
6school district.
7c. If the nonpublic school designated for attendance of
8a pupil is located outside the boundary line of the school
9district of the pupil’s residence and the district of residence
10meets the requirements of subsections 14, 15, and this
11subsection by using subsection 17, paragraph “c”, and the
12district in which the nonpublic school is located is contiguous
13to the district of the pupil’s residence and is willing to
14provide transportation under subsection 17, paragraph “a” or
15“b”, the district in which the nonpublic school is located may
16provide transportation services, subject to section 285.9,
17subsection 3, and may make the claim for reimbursement under
18section 285.2. The district in which the nonpublic school is
19located shall notify the district of the pupil’s residence that
20it is making the claim for reimbursement, and the district of
21the pupil’s residence shall be relieved of the requirement
22for providing transportation and shall not make a claim for
23reimbursement for those nonpublic school pupils for which a
24claim is filed by the district in which the nonpublic school
25is located.
26 Sec. 146. Section 285.2, subsection 4, Code 2024, is amended
27to read as follows:
284. a. Claims shall be allowed where practical, and at the
29option of the public school district of the pupil’s residence,
30subject to approval by the area education agency of the pupil’s
31residence, under section 285.9, subsection 3, the public school
32district of the pupil’s residence may transport a pupil to a
33school located in a contiguous public school district outside
34the boundary lines of the public school district of the pupil’s
35residence.
-96- 1b. The public school district of the pupil’s residence
2may contract with the contiguous public school district or
3with a private contractor under section 285.5 to transport the
4pupils to the school of attendance within the boundary lines
5of the contiguous public school district. The public school
6district in which the pupil resides may contract with the
7contiguous public school district or with a private contractor
8under section 285.5 to transport the pupil from the pupil’s
9residence or from designated school bus collection locations to
10the school located within the boundary lines of the contiguous
11public school district, subject to the approval of the area
12education agency of the pupil’s residence. The public school
13district of the pupil’s residence may utilize the reimbursement
14provisions of section 285.1, subsection 3.
15 Sec. 147. Section 285.4, Code 2024, is amended to read as
16follows:
17285.4 Pupils sent to another district.
181. When a board closes its elementary school facilities for
19lack of pupils or by action of the board, it shall, if there
20is a school bus service available in the area, designate for
21attendance the school operating the buses, provided the board
22of such school is willing to receive them and the facilities
23and curricular offerings are adequate. The board of the
24district where the pupils reside may with the approval of the
25area education agency board, subject to legal limitations and
26established uniform standards, designate another rural school
27and provide their own transportation if the transportation
28costs will be less than to use the established bus service.
292. All designations must be submitted to the area education
30agency board on or before July 15, for review and approval.
31The agency board shall after due investigation alter or change
32designations to make them conform to legal requirements and
33established uniform standards for making designations and for
34locating and establishing bus routes. After designations are
35made, they will remain the same from year to year except that
-97-1on or before July 15, of each year, the rural board or parents
2may petition the agency board for a change of designation to
3another school. Appeals from the decision of the agency board
4on designations may be made by either the parents or board to
5the director of the department of education as provided in
6section 285.12 and section 285.13.
7 Sec. 148. Section 285.8, subsection 2, Code 2024, is amended
8by striking the subsection.
9 Sec. 149. Section 285.8, subsection 3, Code 2024, is amended
10to read as follows:
113. Establish uniform standards for locating and operating
12bus routes and for the protection of the health and safety of
13pupils transported, and provide technical assistance on the
14implementation of those standards.
15 Sec. 150. Section 285.12, Code 2024, is amended to read as
16follows:
17285.12 Disputes — hearings and appeals.
18In the event of a disagreement between a school patron and
19the board of the school district, or between the boards of two
20or more school districts, the patron if dissatisfied with the
21decision of the district board, party may appeal to the area
22education agency board, notifying the secretary of the district
23in writing within ten days of the decision of the board and by
24filing an affidavit of appeal with the agency board within the
25ten-day period director of the department of education within
26ten days of the decision of the board of the school district
27by filing an affidavit of appeal with the board of the school
28district. The affidavit of appeal shall include the reasons
29for the appeal and points at issue. The secretary of the local
30board on receiving notice of appeal shall certify all papers
31to the agency board which director, who shall hear the appeal
32within ten days of the receipt of the papers and decide it
33within three days of the conclusion of the hearing and shall
34immediately notify all parties of its the director’s decision
35and return all papers. Either party may appeal the decision of
-98-1the agency board to the director of the department of education
2by notifying the opposite party and the agency administrator
3in writing within five days after receipt of notice of the
4decision of the agency board and by filing with the director
5of the department of education an affidavit of appeal, reasons
6for appeal, and the facts involved in the disagreement within
7five days after receipt of notice of the decision of the agency
8board. The agency administrator shall, within ten days of
9receipt of the notice, file with the director all records and
10papers pertaining to the case, including action of the agency
11board. The director shall hear the appeal within fifteen
12days of the filing of the records in the director’s office,
13notifying all parties and the agency administrator of the date
14and time of hearing. The director shall notify all parties of
15the decision and return all papers with a copy of the decision
16to the agency administrator. The decision of the director
17shall be subject to judicial review in accordance with chapter
1817A. Pending final order made by the director, upon any appeal
19prosecuted to such director, the order of the agency board of
20the school district from which the appeal is taken shall be
21operative and be in full force and effect.
22 Sec. 151. Section 285.15, Code 2024, is amended to read as
23follows:
24285.15 Forfeiture of reimbursement rights.
25The failure of any local district to comply with the
26provisions of this chapter or any other laws relating to the
27transportation of pupils, or any rules made by the department
28of education under this chapter or the final decisions of the
29area education agency board, or the final decisions of the
30department of education shall during the period such failure
31to comply existed forfeit the rights to collect transportation
32costs from school or parents while operating in such illegal
33manner. Any superintendent, board, or board member who
34knowingly operates or permits to be operated any school
35bus transporting public school pupils in violation of any
-99-1school transportation law shall be deemed guilty of a simple
2misdemeanor.
3 Sec. 152. Section 297.8, Code 2024, is amended to read as
4follows:
5297.8 Emergency repairs.
6When emergency repairs costing more than the competitive
7bid threshold in section 26.3, or as established in section
8314.1B, are necessary in order to ensure the continued use
9of any school or school facility, the provisions of the law
10with reference to advertising for bids shall not apply, and in
11that event the board may contract for such emergency repairs
12without advertising for bids. However, before such emergency
13repairs can be made to any schoolhouse or school facility,
14it shall be necessary to procure a certificate from the area
15education agency administrator director of the department of
16education that such emergency repairs are necessary to ensure
17the continued use of the school or school facility.
18 Sec. 153. Section 297.22, subsection 2, paragraph a, Code
192024, is amended to read as follows:
20a. The board of directors of a school district may sell,
21lease, exchange, give, or grant, and accept any interest
22in real property to, with, or from a county, municipal
23corporation, school district, township, or area education
24agency the department of administrative services if the real
25property is within the jurisdiction of both the grantor and
26grantee.
27 Sec. 154. Section 299.3, Code 2024, is amended to read as
28follows:
29299.3 Reports from accredited nonpublic schools.
30Within ten days from receipt of notice from the secretary of
31the school district within which an accredited nonpublic school
32is conducted, the principal of the accredited nonpublic school
33shall, once during each school year, and at any time when
34requested in individual cases, furnish to the secretary of the
35public school district, within which the accredited nonpublic
-100-1school is located, a certificate and report in duplicate on
2forms provided by the public school district of the names and
3ages of each pupil of the accredited nonpublic school who
4is of compulsory attendance age and the grade level of each
5pupil, during the preceding year and from the time of the last
6preceding report to the time at which a report is required. In
7addition, the report shall identify all students of compulsory
8attendance age who were truant as defined by law or school
9policy and the number of days of truancy for the period covered
10by the report, and children who dropped out, withdrew from
11enrollment, or transferred to another Iowa school and the date
12their attendance ceased at the accredited nonpublic school.
13The secretary shall retain one of the reports and file the
14other with the secretary of the area education agency.
15 Sec. 155. Section 299.4, subsection 1, Code 2024, is amended
16to read as follows:
171. The parent, guardian, or legal custodian of a child
18who is of compulsory attendance age, who places the child
19under competent private instruction under section 299A.2, not
20in an accredited school or a home school assistance program
21operated by a school district or accredited nonpublic school,
22shall furnish a report in duplicate on forms provided by the
23public school district, to the district by September 1 of the
24school year in which the child will be under competent private
25instruction. The secretary shall retain and file one copy and
26forward the other copy to the district’s area education agency
27 report. The report shall state the name and age of the child,
28the period of time during which the child has been or will be
29under competent private instruction for the year, an outline
30of the course of study, texts used, and the name and address
31of the instructor. The parent, guardian, or legal custodian
32of a child, who is placing the child under competent private
33instruction for the first time, shall also provide the district
34with evidence that the child has had the immunizations required
35under section 139A.8, and, if the child is elementary school
-101-1age, a blood lead test in accordance with section 135.105D.
2 The term “outline of course of study” shall include subjects
3covered, lesson plans, and time spent on the areas of study.
4 Sec. 156. Section 299A.4, subsections 3 and 6, Code 2024,
5are amended to read as follows:
63. The director of the department of education, or the
7director’s designee, which may include a school district or an
8area education agency, shall conduct the evaluations required
9under subsections 1 and 2 for children under competent private
10instruction. Evaluation shall occur at a time and a place to
11be determined by the person responsible for conducting the
12evaluation. Persons conducting the evaluations shall make
13every reasonable effort to conduct the evaluations at times and
14places which are convenient for the parent, guardian, or legal
15custodian.
166. A school district or area education agency shall, if
17requested, administer the annual achievement evaluation at no
18cost to the parent, guardian, or legal custodian of the child
19being evaluated, and, in addition, the parent, guardian, or
20legal custodian is not required to reimburse the evaluating
21entity for costs incurred as a result of evaluation under
22section 299A.9. The administration of the annual achievement
23evaluation shall not constitute a dual enrollment purpose under
24section 299A.8.
25 Sec. 157. Section 301.28, subsections 2 and 3, Code 2024,
26are amended to read as follows:
272. An area education agency executive director, officer,
28or teacher shall not act as an agent for school textbooks or
29school supplies, including sports apparel or equipment, in any
30transaction with a director, officer, or other staff member
31of the area education agency or any school district located
32within the area education agency during such time of office or
33employment.
343. A school district or area education agency executive
35 director, officer, or teacher who acts as agent or dealer in
-102-1school textbooks or school supplies during the person’s term
2of office or employment in violation of this section shall be
3deemed guilty of a serious misdemeanor.
4 Sec. 158. REPEAL. Sections 257.47, 257.48, 257.49, 275.16,
5275.27, 275.30, 285.9, and 285.13, Code 2024, are repealed.
6DIVISION VII
7CONFORMING CHANGES — MISCELLANEOUS
8 Sec. 159. Section 8A.202, subsection 1, paragraph e, Code
92024, is amended to read as follows:
10e. Develop and approve, in consultation with the area
11education agency media centers and the commission, a
12biennial unified plan of service and service delivery for the
13department.
14 Sec. 160. Section 8A.203, subsection 1, paragraph a,
15subparagraph (4), Code 2024, is amended to read as follows:
16(4) One member shall be employed as a librarian by a school
17district or area education agency.
18 Sec. 161. Section 8D.13, subsection 3, Code 2024, is amended
19to read as follows:
203. The financing for the procurement costs for the entirety
21of Part I except for the communications connections between
22central switching and institutions under the control of
23the board of regents, and nonprofit institutions of higher
24education eligible for tuition grants, and for the video,
25data, and voice capacity for state agencies and for Part II
26and Part III, shall be provided by the state. The financing
27for the procurement and maintenance costs for Part III shall
28be provided by the state. A local school board, governing
29authority of a nonpublic school, or an area education agency
30board may elect to provide one hundred percent of the financing
31for the procurement and maintenance costs for Part III to
32become part of the network. The basis for the amount of state
33financing is one hundred percent of a single interactive
34audio and interactive video connection for Part III, and
35such data and voice capacity as is necessary. If a school
-103-1board, governing authority of a nonpublic school, or area
2education agency board elects to provide one hundred percent
3of the financing for the leasing costs for Part III, the
4school district or area education agency may become part of
5the network as soon as the network can reasonably connect the
6district or agency. A local school board, governing authority
7of a nonpublic school, or an area education agency board may
8also elect not to become part of the network. Construction of
9Part III, related to a school board, or governing authority
10of a nonpublic school, or area education agency board which
11provides one hundred percent of the financing for the leasing
12costs for Part III, may proceed as determined by the commission
13and consistent with the purpose of this chapter.
14 Sec. 162. Section 73.18, Code 2024, is amended to read as
15follows:
1673.18 Notice of solicitation for bids — identification of
17targeted small businesses.
18The director of each agency or department, the administrator
19 executive director of each area education agency, the president
20of each community college, and the superintendent of each
21school district releasing a solicitation for bids or request
22for proposal under the targeted small business procurement goal
23program shall consult a directory of certified targeted small
24businesses produced by the economic development authority that
25lists all certified targeted small businesses by category of
26goods or services provided prior to or upon release of the
27solicitation and shall send a copy of the request for proposal
28or solicitation to any appropriate targeted small business
29listed in the directory. The economic development authority
30may charge the department, agency, area education agency,
31community college, or school district a reasonable fee to
32cover the cost of producing, distributing, and updating the
33directory.
34 Sec. 163. Section 74.1, subsection 5, Code 2024, is amended
35by striking the subsection.
-104-1 Sec. 164. Section 84A.16, subsection 3, paragraph a, Code
22024, is amended to read as follows:
3a. The department of workforce development shall
4establish and facilitate a steering committee comprised
5of representatives from the department of education, the
6economic development authority, the community colleges, the
7institutions under the control of the state board of regents,
8accredited private institutions, area education agencies,
9 school districts, the workplace learning connection, and an
10apprenticeship sponsor as defined in section 84E.2. The
11steering committee shall be responsible for the development
12and implementation of the statewide work-based learning
13intermediary network.
14 Sec. 165. Section 143.1, Code 2024, is amended to read as
15follows:
16143.1 Authority to employ.
17Any local board of health, area education agency board,
18or the school board of any school district may employ public
19health nurses at periods each year and in numbers as deemed
20advisable. The council of any city, or the school board of
21any school district, or any of them acting in cooperation, may
22contract with any nonprofit nurses’ association for public
23health nursing service. The compensation and expenses shall
24be paid out of the general fund of the political subdivision
25employing nurses.
26 Sec. 166. Section 216B.3, Code 2024, is amended by adding
27the following new subsection:
28 NEW SUBSECTION. 9A. Operate and manage a library loan
29program for the benefit of students enrolled in school
30districts and nonpublic schools in the state.
31 Sec. 167. Section 225C.51, subsection 1, paragraph e,
32subparagraph (5), Code 2024, is amended to read as follows:
33(5) One member shall be an administrator executive director
34 of an area education agency.
35 Sec. 168. Section 256A.2, subsection 1, paragraph c, Code
-105-12024, is amended to read as follows:
2c. An early childhood specialist of an area education agency
3selected by the area education agency administrators executive
4directors.
5 Sec. 169. Section 256B.2, subsection 5, Code 2024, is
6amended to read as follows:
75. Moneys received by the school district of the child’s
8residence for the child’s education, derived from moneys
9received through chapter 257, this chapter, and section 273.9
10shall be paid by the school district of the child’s residence
11to the appropriate education agency, private agency, or other
12school district providing special education for the child
13pursuant to contractual arrangements as provided in section
14273.3, subsections 5 3 and 6 4.
15 Sec. 170. Section 256B.3, unnumbered paragraph 1, Code
162024, is amended to read as follows:
17The division of special education within the department of
18education has the following duties and powers:
19 Sec. 171. Section 256B.3, subsections 1, 2, 7, and 8, Code
202024, are amended to read as follows:
211. To aid in the organization of special schools, classes
22and instructional facilities for children requiring special
23education, and to supervise the system of special education for
24children requiring special education.
252. To administer rules adopted by the state board that
26are consistent with this chapter for the approval of plans
27for special education programs and services submitted by the
28director of special education of the area education agency.
297. To initiate the establishment of classes for children
30requiring special education or home study services in
31hospitals, nursing, convalescent, juvenile and private homes,
32in cooperation with the management thereof and local school
33districts or area education agency boards agencies.
348. To cooperate with school districts or area education
35agency boards agencies in arranging for any child requiring
-106-1special education to attend school in a district other than
2the one in which the child resides when there is no available
3special school, class, or instruction in the districts in which
4the child resides.
5 Sec. 172. Section 256B.3, subsection 4, Code 2024, is
6amended by striking the subsection.
7 Sec. 173. Section 256B.4, Code 2024, is amended to read as
8follows:
9256B.4 Powers of board of directors — area education
10agencies.
111. The board of directors of a school district or area
12education agency, with the approval of the director of the
13department of education, may provide special education
14programs and services as defined in this chapter. If services
15are provided by the area education agency, the board of
16directors executive director of the area education agency
17with the cooperation of the local school districts within its
18jurisdiction and the division of special education within the
19department of education may:
20a. Establish and operate special education programs and
21classes for the education of children requiring special
22education.
23b. Acquire, maintain, and construct Use facilities and
24property provided by the department of administrative services
25for the area education agencies in which to provide education,
26corrective services, and supportive services for children
27requiring special education.
28c. Make arrangements with participating school districts for
29the provision of special education, corrective, and supportive
30services to the children requiring special education residing
31in the school districts.
32d. Employ special education teachers and personnel required
33to furnish corrective or supportive services to children
34requiring special education services.
35e. Provide transportation for children requiring special
-107-1education services that are in need of transportation in
2connection with any programs, classes, or services.
3f. Receive, administer, and expend funds appropriated for
4its use.
5g. Receive, administer, and expend the proceeds of any issue
6of school bonds or other bonds intended wholly or partly for
7its benefit.
8h. Apply for, accept, and utilize grants, gifts, or other
9assistance.
10i. Participate in, and make its employees eligible to
11participate in, any retirement system, group insurance system,
12or other program of employee benefits, on the same terms as
13govern school districts and their employees.
14j. Do such other things as are necessary and incidental to
15the execution of any of its powers.
162. The board of directors of the local district or the an
17 area education agency shall employ qualified teachers certified
18by the authority provided by law as teachers for children
19requiring such special education. The maximum number of pupils
20per teacher shall be determined by the board of directors of
21the local district or the area education agency board, with the
22approval of the director of the department of education, in
23accordance with the rules and regulations of the state board
24of education.
253. The board of directors of the local district or the area
26education agency, with the approval of the director of the
27department of education, may establish and operate one or more
28special education centers to provide diagnostic, therapeutic,
29corrective, and other services, on a more comprehensive,
30expert, economical, and efficient basis than can be reasonably
31provided by a single school district. The services, if offered
32by the area education agency board, may be provided in the
33regular schools using personnel and equipment of the area
34education agency or, if it is impractical or inefficient to
35provide them on the premises of a regular school, the area
-108-1education agency may provide services in its own facilities.
2To the maximum extent feasible, centers shall be established
3at and in conjunction with, or in close proximity to, one or
4more elementary and secondary schools. Local districts or the
5area education agencies may accept diagnostic and evaluation
6studies conducted by other individuals, hospitals, or centers,
7if determined to be competent. Children requiring special
8education services may be identified in any way that the
9department of education determines to be reliable. Centers
10established pursuant to this section may contain classrooms
11and other educational facilities and equipment to supplement
12instruction and other services to children with disabilities
13in the regular schools, and to provide separate instruction to
14children whose degree or type of educational disability makes
15it impractical or inappropriate for them to participate in
16classes with normal children.
17 Sec. 174. Section 256F.2, subsection 5, Code 2024, is
18amended to read as follows:
195. “Innovation zone consortium” means a consortium of two
20or more school districts and an area education agency in which
21one or more of the school districts are located, that receives
22approval to establish an innovation zone school pursuant to
23this chapter. In addition, the innovation zone consortium
24may receive technical assistance from an accredited higher
25education institution.
26 Sec. 175. Section 256I.8, subsection 1, paragraph a, Code
272024, is amended to read as follows:
28a. Designate a public agency of this state, as defined in
29section 28E.2, a community action agency as defined in section
30216A.91, an area education agency established under section
31273.2, or a nonprofit corporation, to be the fiscal agent for
32grant moneys and for other moneys administered by the area
33board.
34 Sec. 176. Section 260C.11, subsection 1, Code 2024, is
35amended to read as follows:
-109- 11. The governing board of a merged area is a board of
2directors composed of one member elected from each director
3district in the area by the electors of the respective
4district. Members of the board shall be residents of the
5district from which elected. Successors shall be chosen at
6the regular school elections for members whose terms expire.
7The term of a member of the board of directors is four years
8and commences at the organizational meeting. Vacancies on
9the board shall be filled at the next regular meeting of the
10board by appointment by the remaining members of the board. A
11member so chosen shall be a resident of the district in which
12the vacancy occurred and shall serve until a member is elected
13at the next school election or intervening special election
14held for the merged area, in accordance with section 69.12.
15A vacancy is defined in section 277.29. A member shall not
16serve on the board of directors who is a member of a board of
17directors of a local school district or a member of an area
18education agency board.
19 Sec. 177. Section 262.32, Code 2024, is amended to read as
20follows:
21262.32 Contract — time limit.
22A contract for instruction under section 262.30 shall be in
23writing and shall extend over a period of not to exceed two
24years. A copy of the contract shall be filed in the office of
25the administrator of the area education agency.
26 Sec. 178. Section 476.48, subsection 1, paragraph c, Code
272024, is amended to read as follows:
28c. “Small wind innovation zone” means a political
29subdivision of this state, including but not limited to a city,
30county, township, school district, community college, area
31education agency, institution under the control of the state
32board of regents, or any other local commission, association,
33or tribal council which adopts, or is encompassed within a
34local government which adopts, the model ordinance as provided
35in subsection 3.
-110-1 Sec. 179. Section 598.21B, subsection 2, paragraph e,
2subparagraph (1), subparagraph division (d), Code 2024, is
3amended to read as follows:
4(d) The parent has been identified by the executive director
5of special education of the area education agency as a child
6requiring special education as defined in section 256B.2.
7DIVISION VIII
8TEACHER SALARY SUPPLEMENT DISTRICT COST PER PUPIL
9 Sec. 180. Section 257.10, subsection 9, paragraph a, Code
102024, is amended to read as follows:
11a. (1) For the budget year beginning July 1, 2009, the
12department of management shall add together the teacher
13compensation allocation made to each district for the fiscal
14year beginning July 1, 2008, pursuant to section 284.13,
15subsection 1, paragraph “h”, Code 2009, and the phase II
16allocation made to each district for the fiscal year beginning
17July 1, 2008, pursuant to section 294A.9, Code 2009, and divide
18that sum by the district’s budget enrollment in the fiscal
19year beginning July 1, 2009, to determine the teacher salary
20supplement district cost per pupil. For the budget year
21beginning July 1, 2010, and succeeding budget years beginning
22before July 1, 2024, the teacher salary supplement district
23cost per pupil for each school district for a budget year
24is the teacher salary supplement program district cost per
25pupil for the base year plus the teacher salary supplement
26supplemental state aid amount for the budget year.
27(2) (a) For the budget year beginning July 1, 2024, the
28teacher salary supplement district cost per pupil for each
29school district shall be determined under this subparagraph.
30(b) The department of management shall categorize all
31school districts into not more than ten tiers according to each
32school district’s actual enrollment. Each tier established
33by the department of management containing a school district
34with an actual enrollment above three thousand five hundred
35pupils shall contain, to the extent feasible, the same number
-111-1of school districts as other tiers containing school districts
2with an actual enrollment of more than three thousand five
3hundred pupils. Each tier established by the department
4of management containing a school district with an actual
5enrollment equal to or less than three thousand five hundred
6pupils shall contain, to the extent feasible, the same number
7of school districts as other tiers containing school districts
8with an actual enrollment equal to or less than three thousand
9five hundred pupils.
10(c) (i) To support school districts with meeting the
11minimum teacher starting salary requirement of fifty thousand
12dollars and the minimum teacher salary requirement for
13full-time teachers with at least twelve years of experience of
14sixty-two thousand dollars under chapter 284 and other costs
15associated with such salary requirements, as identified in
16subparagraph subdivision (ii), the department of management
17shall calculate and assign to all school districts in a tier
18established under subparagraph division (b), a teacher salary
19supplement district cost per pupil in an amount based in part
20on the average cost to school districts within the tier to meet
21the requirements.
22(ii) If, however, a school district’s total teacher
23salary supplement district cost under paragraph “c”, as
24calculated using the teacher salary supplement district cost
25per pupil assigned to the school district’s applicable tier,
26is insufficient to comply with the applicable minimum teacher
27salary requirements of the school district, including costs
28associated with the employer’s share of contributions to the
29Iowa public employees’ retirement system and the employer’s
30share of the tax imposed by the federal Insurance Contributions
31Act, the department of management shall set the school
32district’s teacher salary supplement district cost per pupil
33at an amount necessary to meet the district’s minimum salary
34requirements and associated costs.
35(3) For the budget year beginning July 1, 2025, and
-112-1succeeding budget years, the teacher salary supplement district
2cost per pupil for each school district for a budget year
3is the teacher salary supplement program district cost per
4pupil for the base year plus the teacher salary supplement
5supplemental state aid amount for the budget year.
6DIVISION IX
7STATE MANDATE
8 Sec. 181. IMPLEMENTATION OF ACT. Section 25B.2, subsection
93, shall not apply to this Act.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to education, including modifying
14provisions related to the number of area education agencies
15in this state, the duties and powers of area education
16agencies, area education agency boards of directors, the
17department of administrative services, and the director of the
18department of education, the division of special education
19within the department of education, the services provided by
20area education agencies, area education agency funding, the
21calculation of the teacher salary supplement district cost per
22pupil, and minimum teacher salaries.
23DIVISION I — AREA EDUCATION AGENCIES — GENERAL PROVISIONS.
24 Current law provides that a maximum of 15 area education
25agencies may be established within the state. As a result
26of consolidation, there are currently nine area education
27agencies within the state. The bill provides that there shall
28be not more than nine area education agencies, as determined
29by the director of the department of education (DE).Current
30law provides that each area education agency shall have an
31administrator, and establishes the duties and powers of the
32administrator. The bill modifies this provision to provide
33that each area education agency shall have an executive
34director. The executive director is to be appointed by, and
35serve at the pleasure of, the director of DE.Current law
-113-1provides that each area education agency shall have, and be
2governed by, a board of directors, and establishes the duties
3and powers of such board. The bill provides that the area
4education agency board of directors shall, instead, serve in an
5advisory capacity. The bill establishes the duties and powers
6of the area education agencies, the executive directors, and
7the area education agency boards of directors.
8The bill prohibits area education agencies from holding
9real property, and tasks the department of administrative
10services with providing real property and facilities to the
11area education agencies.
12The bill provides that area education agencies may only
13provide special education services to school districts located
14in the area education agency if the school district requests
15to receive such services and pursuant to a contract between
16the school district and the area education agency. The bill
17establishes that the term of such contract shall not be less
18than two years. The bill also establishes notice requirements
19related to the requests to receive special education services.
20Current law requires area education agencies to provide
21media services for local school districts. The bill strikes
22this requirement. Current law prohibits area education
23agencies from establishing programs and services which
24duplicate programs and services which are or may be provided by
25the community colleges. The bill strikes this provision.
26The bill strikes a provision that requires area education
27agencies to collaborate with DE to provide statewide
28infrastructure for educational data. The bill also strikes
29a provision that requires area education agencies to jointly
30develop a three-year statewide strategic plan that supports
31goals adopted by the state board of education.
32The bill makes several other changes to provisions related
33to area education agencies, including changes related to
34funding, standards for accrediting area education agency
35programs, and emergency repairs.
-114- 1The bill repeals Code section 273.6 (media centers), Code
2section 273.7 (additional services), and Code section 273.16
3(online learning program).
4The bill includes transition provisions that restrict the
5transfer of area education agency ownership interests in real
6property or facilities and that provide for the transfer of
7area education agency interests in real property and certain
8lease agreements to the department of administrative services.
9The transition provisions provide that, on July 1, 2024, the
10employment of all area education agency administrators is
11terminated, unless terminated earlier by the director of the
12department of education who the bill authorizes to terminate
13the employment of such area education agency administrators.
14The transition provisions additionally provide that the
15bill’s changes to Code chapter 273 constitute just cause for
16the discharge of the area education agency administrators
17under Code section 279.25 (discharge of administrator), and
18that the provisions of Code section 279.24 (contract with
19administrators) shall not apply to the discharge of the
20administrators.
21The transition provisions require the division of special
22education within the department of education to give preference
23to qualified personnel who seek employment with the division
24of special education because their employment with an area
25education agency terminated as a result of the bill. The
26transition provisions provide that any former employee of an
27area education agency whose employment with an area education
28agency terminated as a result of the bill and who is employed
29by the division of special education no later than August 1,
302024, shall not experience a break in service credit for their
31Iowa public employees’ retirement system benefits and shall not
32incur any loss in sick leave or vacation time.
33Division I of the bill takes effect upon enactment.
34DIVISION II — AREA EDUCATION AGENCIES — REORGANIZATION
35OR DISSOLUTION. Current law allows the boards of directors
-115-1of two or more area education agencies to reorganize the area
2education agencies, with the approval of the state board of
3education. The bill modifies several provisions related to
4the reorganization of area education agencies, including by
5requiring the director of DE to approve a reorganization,
6authorizing the director of DE to reorganize the area education
7agencies, and striking school finance provisions related to a
8reorganized area education agency.
9Current law allows the board of directors of an area
10education agency to dissolve the area education agency and
11establishes the process the area education agency must follow
12in dissolving. The bill provides that only the director of DE
13has the authority to dissolve an area education agency.
14The bill repeals Code section 273.24 (commission to dissolve
15area education agency), Code section 273.25 (dissolution
16commission meetings), Code section 273.26 (dissolution
17proposal), and Code section 273.27 (dissolution hearing, vote,
18and state board of education approval).
19DIVISION III — AREA EDUCATION AGENCIES — FUNDING. The bill
20eliminates the area education agency professional development
21categorical funding supplement, the area education agency
22media services categorical funding supplement, and the area
23education agency educational services categorical funding
24supplement beginning with the 2024-2025 school budget year.
25The bill makes corresponding changes to other school funding
26provisions related to the elimination of the categorical
27funding supplements. The bill specifies that an area education
28agency may use fund balances for media services or education
29services in a manner which the area education agency determines
30is appropriate to best maintain the level of required area
31education agency special education services. The bill also
32specifies that fund balances received for area education agency
33professional development for a budget year beginning before
34July 1, 2024, shall comply with the requirements of Code
35chapter 284 and shall be distributed to teachers pursuant to
-116-1Code section 284.3A, similar to the use area education agency
2teacher salary supplement funds.
3Code section 257.35 generally requires the department
4of management to deduct the amounts calculated for special
5education support services, media services, area education
6agency teacher salary supplement district cost, area education
7agency professional development supplement district cost,
8and educational services for each school district from the
9state aid due to the district pursuant to Code chapter 257
10and instead, pay the amounts to the respective area education
11agencies on a monthly basis. The bill removes the eliminated
12categorical funding supplements from those provisions and also
13provides that such remaining amounts are to be deducted and
14paid to the applicable area education agency only if the school
15district has entered into an agreement with the area education
16agency under the bill to provide services for the applicable
17budget year.
18The school district management levy under Code section 298.4
19is authorized to be used for specified purposes, including
20unemployment benefit costs, insurance costs, costs of certain
21judgments, early retirement benefit costs, and mediation
22and arbitration costs. The bill provides that a school
23district’s management levy may be reduced by the department of
24management if the department determines that the reduction in
25the school district’s combined district cost as a result of
26the elimination of the area education agency media services
27categorical funding supplement and the area education agency
28educational services categorical funding supplement does not
29result in a corresponding reduction in the total amount of
30property taxes levied by the school district for the budget
31year. The bill allows the department of management to evaluate
32the amounts of property taxes levied by the school district and
33purposes for which such revenues are budgeted to determine the
34adequacy of the reduction in the school district’s total amount
35of property taxes.
-117- 1Current law allows school districts to share operational
2functions with several types of political subdivisions,
3including area education agencies, in order to provide
4additional funding to increase student opportunities and
5redirect more resources to student programming for such school
6districts. The bill provides that area education agencies are
7no longer considered political subdivisions for purposes of
8shared operational functions.
9Current law provides that supplementary weighting under
10Code section 257.11(5) (shared operational functions) shall
11be available to an area education agency through the budget
12year beginning July 1, 2034. The minimum amount of additional
13funding for which an area education agency shall be eligible in
14a budget year pursuant to this provision is $30,000, and the
15maximum amount is $200,000. The bill modifies this provision
16to provide that such supplementary weighting shall not be
17available to an area education agency after the budget year
18beginning July 1, 2023.
19This division of the bill applies July 1, 2024, for school
20budget years beginning on or after that date.
21DIVISION IV — TEACHER COMPENSATION. Current law provides
22that the minimum annual salary for a full-time teacher in the
23state is $33,500. The bill provides that the minimum annual
24salary for a full-time teacher in the state with less than 12
25years of teaching experience is $50,000, and the minimum annual
26salary for a full-time teacher in the state with at least 12
27years of teaching experience is $62,500.
28DIVISION V — CONFORMING CHANGES — DEPARTMENT OF EDUCATION.
29 The bill strikes provisions that require the state board of
30education to adopt rules and standards to incorporate area
31education agencies into professional development programs,
32family support pre-service and in-service training programs,
33para-educator programs, and online programs.
34Current law provides that if a school district fails to
35correct certain deficiencies and the school district is
-118-1deaccredited by the state board of education, the state board
2may place the school district under local area education agency
3receivership. The bill provides that such receivership shall
4instead be under DE or DE’s designee, which may include a local
5school district.
6The bill makes several other conforming changes related
7to DE, including modifying the membership of the Iowa public
8broadcasting board and modifying provisions related to regional
9career and technical education planning partnerships.
10DIVISION VI — SCHOOLS — REORGANIZATION OF SCHOOL DISTRICTS
11— CONFORMING CHANGES. Current law provides that up to 30
12percent of the budget of an area for media services may be
13expended for media resource material including the purchase or
14replacement of material. The bill strikes this provision.
15Current law provides that, in cases where any portion of
16the inhabitants of any school corporation, in the opinion of
17the area education agency administrator, cannot reasonably
18attend school in their own corporation, the area education
19agency administrator shall attach the affected part of the
20school corporation to an adjoining school corporation, with the
21consent of the board of the adjoining school corporation. The
22bill modifies this provision to instead provide that it is the
23director of the department of education who has the authority
24to attach the affected part of the school corporation to an
25adjoining school corporation, with the consent of the board of
26the adjoining school corporation. The bill makes a similar
27change to the provision governing restoration of the attached
28part of the school corporation.
29The bill makes several changes to Code chapter 275
30(reorganization of school districts) to transfer authority
31from an area education agency or an area education agency
32administrator to DE and to remove the consideration of the
33boundaries of area education agencies from the reorganization
34process, including provisions related to changing the boundary
35lines of contiguous school corporations, the vesting of powers
-119-1to convey land, alternative methods for electing directors
2of newly formed school corporations, dissolution of school
3districts, the calling of special elections when a school board
4is reduced below a quorum, contracting for emergency repairs
5for school districts, and disputes related to state aid for
6transportation.
7Current law requires area education agencies to periodically
8offer a staff development program for teachers who provide
9instruction in human growth and development. The bill strikes
10this provision.
11Current law allocates $275,864 of the moneys appropriated to
12the department of education under Code section 279.51 (programs
13for at-risk children) to area education agencies to assist
14school districts and child development programs in meeting
15responsibilities in early childhood education. The bill
16provides that these moneys shall, instead, be allocated to the
17child development coordinating council for the same purposes.
18Current law authorizes a school district to negotiate an
19agreement with a school district located in a contiguous state
20allowing students enrolled in grades 7 through 12 in this
21state to attend school in the contiguous state if the board of
22directors of the school district in this state files a written
23request with the state board of education for a determination
24whether the school district in the contiguous state receives
25or has available services equivalent to those that would be
26provided in this state by an area education agency. The bill
27strikes the requirement related to services provided by area
28education agencies.
29The bill modifies provisions in Code chapter 284 (teacher
30performance, compensation, and career development), including
31by striking a provision allowing the state board of education
32to approve area education agencies to provide teacher
33professional development and by striking provisions related to
34area education agency involvement in implementing career paths
35and leadership roles.
-120- 1The bill makes several changes to Code chapter 284A
2(administrator quality program) and Code chapter 285 (state
3aid for transportation) to remove area education agencies from
4provisions in these Code chapters.
5The bill strikes a provision that requires each area
6education agency to provide assistance in establishing a plan
7to provide alternative education options to students attending
8a public school in a district served by the area education
9agency.
10The bill repeals Code section 257.47 (cooperation by
11area education agencies), Code section 257.48 (advisory
12council), Code section 257.49 (duties of advisory council),
13Code section 275.16 (hearing when territory in different area
14education agencies), Code section 275.27 (community school
15districts — part of area education agency), Code section
16275.30 (arbitration), Code section 285.9 (powers and duties of
17area boards), and Code section 285.13 (disagreements between
18boards).
19DIVISION VII — CONFORMING CHANGES — MISCELLANEOUS. The
20bill removes representatives of area education agencies from
21the state commission of libraries and a steering committee
22established by the department of workforce development.
23The bill strikes a provision that provides that the
24procedures of Code chapter 74 (public obligations not paid for
25want of funds) also apply to the issuance of warrants or the
26issuance of anticipatory warrants of an area education agency.
27The bill requires the commission for the blind to operate
28and manage a library loan program for the benefit of students
29enrolled in school districts and nonpublic schools.
30The bill modifies the duties and powers of the division of
31special education within the department of education, including
32by striking provisions related to aiding in the organization
33of special schools and classes for children requiring special
34education, approving plans for special education programs and
35services submitted by area education agencies, and purchasing
-121-1special equipment for use in special education.
2Code chapter 256F authorizes the creation of charter schools
3and innovation zone schools. For purposes of Code chapter
4256F, an innovation zone consortium means a consortium of two
5or more school districts and an area education agency in which
6one or more of the school districts are located, that receives
7approval to establish an innovation zone school. The bill
8modifies this provision to strike the reference to an area
9education agency in which one or more of the school districts
10are located.
11The bill removes area education agencies from the definition
12of “small wind innovation zone” in Code section 476.48 (small
13wind innovation zone program).
14DIVISION VIII — TEACHER SALARY SUPPLEMENT DISTRICT COST PER
15PUPIL. The bill modifies how the teacher salary supplement
16district cost per pupil is determined for each school district
17for the budget year beginning July 1, 2024. The bill requires
18the department of management to categorize all school
19districts into not more than 10 tiers according to each school
20district’s actual enrollment. The bill provides that each
21tier established by the department of management containing a
22school district with an actual enrollment above 3,500 pupils
23shall contain, to the extent feasible, the same number of
24school districts as other tiers containing school districts
25with an actual enrollment of more than 3,500 pupils. The bill
26also provides that each tier established by the department
27of management containing a school district with an actual
28enrollment equal to or less than 3,500 pupils shall contain,
29to the extent feasible, the same number of school districts
30as other tiers containing school districts with an actual
31enrollment equal to or less than 3,500 pupils.
32The bill requires the department of management to calculate
33and assign to all school districts in a tier a teacher salary
34supplement district cost per pupil in an amount based in part
35on the average cost to school districts within the tier to
-122-1meet the requirements. If, however, a school district’s total
2teacher salary supplement district cost, as calculated using
3the teacher salary supplement district cost per pupil assigned
4to the school district’s applicable tier, is insufficient to
5comply with the applicable minimum teacher salary requirements
6of the school district, including costs associated with the
7employer’s share of contributions to the Iowa public employees’
8retirement system and the employer’s share of the tax imposed
9by the federal Insurance Contributions Act, the bill requires
10the department of management to set the school district’s
11teacher salary supplement district cost per pupil at an amount
12necessary to meet the district’s minimum salary requirements
13and associated costs.
14The bill provides that for the budget year beginning July
151, 2025, and succeeding budget years, the teacher salary
16supplement district cost per pupil for each school district for
17a budget year is the teacher salary supplement program district
18cost per pupil for the base year plus the teacher salary
19supplement supplemental state aid amount for the budget year.
20DIVISION IX — STATE MANDATE. The bill may include a state
21mandate as defined in Code section 25B.3. The bill makes
22inapplicable Code section 25B.2(3), which would relieve a
23political subdivision from complying with a state mandate if
24funding for the cost of the state mandate is not provided or
25specified. Therefore, political subdivisions are required to
26comply with any state mandate included in the bill.
-123-jda/jh