House Study Bill 178 - IntroducedA Bill ForAn Act 1relating to school district funding and authorized
2expenditures and including effective date and applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PROFESSIONAL DEVELOPMENT
3   Section 1.  Section 284.6, subsections 8 and 9, Code 2017,
4are amended to read as follows:
   58.  For each year in which a school district receives funds
6calculated and paid to school districts for professional
7development pursuant to section 257.10, subsection 10, or
8section 257.37A, subsection 2, the school district shall
9create quality professional development opportunities. Not
10less than thirty-six hours in the school calendar, held
11outside of the minimum school day, shall be set aside during
12nonpreparation time or designated professional development
13time to allow practitioners to collaborate with each other to
14deliver educational programs and assess student learning, or
15to engage in peer review pursuant to section 284.8, subsection
161. The funds may be used to implement the professional
17development provisions of the teacher career paths and
18leadership roles specified in section 284.15, including but
19not limited to providing professional development to teachers,
20including additional salaries for time beyond the normal
21negotiated agreement; pay for substitute teachers, professional
22development materials, speakers, and professional development
23content; textbooks and curriculum materials used for classroom
24purposes if such textbooks and curriculum materials include
25professional development; administering assessments pursuant to
26section 256.7, subsection 21, paragraph “b”, subparagraphs (1)
27and (2), if such assessments include professional development;

28and costs associated with implementing the individual
29professional development plans. The use of the funds shall
30be balanced between school district, attendance center,
31and individual professional development plans, making every
32reasonable effort to provide equal access to all teachers.
   339.  Moneys received pursuant to section 257.10, subsection
3410, or section 257.37A, subsection 2, shall be maintained
35as a separate listing within a school district’s or area
-1-1education agency’s budget for funds received and expenditures
2made pursuant to this subsection. The department shall not
3require a school district or area education agency to allocate
4a specific amount or percentage of moneys received pursuant to
5section 257.10, subsection 10, or section 257.37A, subsection
62, for professional development related to implementation of
7the core curriculum under section 256.7, subsection 26.
A
8school district shall certify to the department of education
9how the school district allocated the funds and that moneys
10received under this subsection were used to supplement, not
11supplant, the professional development opportunities the school
12district would otherwise make available.
13   Sec. 2.  EFFECTIVE UPON ENACTMENT.  This division of this
14Act, being deemed of immediate importance, takes effect upon
15enactment.
16   Sec. 3.  APPLICABILITY.  This division of this Act applies to
17school budget years beginning on or after July 1, 2017.
18DIVISION II
19AT-RISK AND DROPOUT PREVENTION
20   Sec. 4.  Section 257.11, subsection 4, paragraph d, Code
212017, is amended to read as follows:
   22d.  Up to five percent of the total amount Amounts that a
23school district receives as supplementary weighting pursuant
24to this subsection or as a modified supplemental amount
25received under section 257.41 may be used in the budget year
26for purposes of providing district-wide, or building-wide,
27or grade-specific
at-risk and dropout prevention programming
28targeted to pupils who are not deemed at risk.
29   Sec. 5.  Section 257.41, subsection 2, paragraphs a and b,
30Code 2017, are amended to read as follows:
   31a.  Salary and benefits for instructional staff,
32instructional support staff, guidance counselors, and
33school-based youth services staff who are working with
34students who are participating in at-risk or dropout prevention
35programs, alternative programs, and alternative schools, in a
-2-1traditional or alternative setting, if the staff person’s or
2counselor’s
time is dedicated to working with such students in
3order to provide services beyond those which are provided by
4the school district to students who are not participating in
5such programs or alternative schools. However, if the staff
6person or counselor works part-time with students who are
7participating in a program or alternative school and the staff
8person or counselor has another unrelated staff assignment,
9only the portion of the staff person’s or counselor’s time that
10is related to the program or alternative school may be charged
11to the program or school. For purposes of this paragraph, if
12an alternative setting is necessary to provide for a program
13which is offered at a location off school grounds and which
14is intended to serve student needs by improving relationships
15and connections to school, decreasing truancy and tardiness,
16providing opportunities for course credit recovery, or helping
17students identified as at risk to accelerate through multiple
18grade levels of achievement within a shortened time frame, the
19tuition costs for a student identified as at risk shall be
20considered an appropriate use of the program funding under this
21section.
   22b.  Professional development for all teachers, counselors,
23 and staff working with at-risk students under a program or an
24alternative school setting.
25   Sec. 6.  Section 257.41, subsection 2, Code 2017, is amended
26by adding the following new paragraphs:
27   NEW PARAGRAPH.  d.  Costs incurred for a program intended
28to address high rates of absenteeism, truancy, or frequent
29tardiness.
30   NEW PARAGRAPH.  e.  Costs incurred for programs authorized
31under section 257.11, subsection 4, paragraph “d”.
32   Sec. 7.  EFFECTIVE UPON ENACTMENT.  This division of this
33Act, being deemed of immediate importance, takes effect upon
34enactment.
35   Sec. 8.  APPLICABILITY.  This division of this Act applies to
-3-1school budget years beginning on or after July 1, 2017.
2DIVISION III
3SCHOOL DISTRICT FLEXIBILITY
4   Sec. 9.  Section 257.10, Code 2017, is amended by adding the
5following new subsection:
6   NEW SUBSECTION.  13.  Deference to school districts.  When
7exercising authority to carry out an agency action, as defined
8in section 17A.2, or any applicable activity or decision
9specified in section 17A.2, subsection 11, paragraphs “a”
10through “l”, related to the provisions of subsections 9, 10, 11,
11and 12, including the expenditure of funds received by a school
12district under subsections 9, 10, 11, and 12, the department
13of education shall engage in such agency action, activity, or
14decision in a manner that gives deference to decisions of a
15school district’s board of directors, promotes flexibility for
16school districts, and minimizes intrusions into school district
17operations and decision making by boards of directors. In
18addition, in any such agency action, activity, or decision, the
19burden shall be on the department of education to demonstrate
20that any decision or action of a school district’s board of
21directors is an irrational, illogical, or wholly unjustifiable
22interpretation of a provision of law.
23   Sec. 10.  EFFECTIVE UPON ENACTMENT.  This division of this
24Act, being deemed of immediate importance, takes effect upon
25enactment.
26   Sec. 11.  APPLICABILITY.  This division of this Act applies
27to school budget years beginning on or after July 1, 2017.
28DIVISION IV
29PRESCHOOL PROGRAM
30   Sec. 12.  Section 256C.4, subsection 1, paragraph e, Code
312017, is amended to read as follows:
   32e.  Preschool foundation aid funding shall not be used for
33the costs of constructing a facility in connection with an
34approved local program. Preschool foundation aid funding may
35be used by approved local programs and community providers
-4-1for any purpose determined by the board of directors of the
2school district to meet standards for high-quality preschool
3instruction and for purposes that directly or indirectly
4benefit students enrolled in the approved local program,
5including but not limited to
professional development for
6preschool teachers, for instructional equipment and supplies,
7for material and equipment designed to develop pupils’ large
8and small motor skills, translation services, playground
9equipment and repair costs, food and beverages used by children
10in the approved local program, facility rental fees, child
11care,
and for other direct costs that enhance the approved
12local program, including by contracting with community partners
13for any such services
. Preschool foundation aid funding may be
14used by approved local programs for the costs of transportation
15involving children participating in the preschool program.
16The costs of transporting other children associated with the
17preschool program or transported as provided in section 256C.3,
18subsection 3, paragraph “h”, may be prorated by the school
19district. Preschool foundation aid funding received by an
20approved local program that remain unexpended or unobligated
21at the end of a fiscal year shall be used to build the approved
22local program’s preschool program capacity in the next
23succeeding fiscal year.
24   Sec. 13.  EFFECTIVE UPON ENACTMENT.  This division of this
25Act, being deemed of immediate importance, takes effect upon
26enactment.
27   Sec. 14.  APPLICABILITY.  This division of this Act applies
28to school budget years beginning on or after July 1, 2017.
29DIVISION V
30PHYSICAL PLANT AND EQUIPMENT LEVY
31   Sec. 15.  Section 298.3, subsection 1, paragraph i, Code
322017, is amended to read as follows:
   33i.   The purchase of transportation equipment for
34transporting students and the repair of such transportation
35equipment if the cost of the repair exceeds two thousand five
-5-1hundred dollars
. For the purposes of this paragraph, “repair”
2means restoring an existing item of equipment to its original
3condition, as near as may be, after gradual obsolescence or
4physical and functional depreciation due to wear and tear,
5corrosion and decay, or partial destruction, and includes
6maintenance of an item of equipment.
7   Sec. 16.  EFFECTIVE UPON ENACTMENT.  This division of this
8Act, being deemed of immediate importance, takes effect upon
9enactment.
10   Sec. 17.  APPLICABILITY.  This division of this Act applies
11to school budget years beginning on or after July 1, 2017.
12DIVISION VI
13GIFTED AND TALENTED PROGRAMS
14   Sec. 18.  Section 257.43, Code 2017, is amended by adding the
15following new subsection:
16   NEW SUBSECTION.  7A.  Proposed expenditures for the purposes
17authorized in section 257.46, subsection 2A.
18   Sec. 19.  Section 257.46, Code 2017, is amended by adding the
19following new subsection:
20   NEW SUBSECTION.  2A.  For budget years beginning on or
21after July 1, 2017, if the program goals, objectives, and
22needs of gifted and talented children are satisfied, the
23budget of an approved gifted and talented children program
24may include expenditures and purposes that provide gifted and
25talented programming or activities to those pupils who are not
26identified as gifted and talented.
27   Sec. 20.  EFFECTIVE UPON ENACTMENT.  This division of this
28Act, being deemed of immediate importance, takes effect upon
29enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
   33This bill relates to school district funding and authorized
34expenditures.
   35Division I of the bill relates to the list of purposes for
-6-1which school districts and area education agencies may expend
2funds that are calculated and paid to school districts and
3area education agencies as supplemental aid for professional
4development under the state school foundation program.
   5Currently, the funds received must be used to implement
6the professional development provisions of the teacher
7career paths and leadership roles specified in Code section
8284.15. To the list of permissible professional development
9expenditures currently in statute, the bill adds textbooks
10and curriculum materials used for classroom purposes if
11such textbooks and curriculum materials include professional
12development and administering assessments pursuant to Code
13section 256.7(21)(b)(1) and (2), if such assessments include
14professional development.
   15The bill also prohibits the department of education from
16requiring a school district or area education agency to
17allocate a specific amount or percentage of professional
18development moneys for professional development related to
19implementation of the core curriculum.
   20Division I of the bill takes effect upon enactment and
21applies to school budget years beginning on or after July 1,
222017.
   23Division II of the bill removes the 5-percent limit on the
24amount of at-risk funding that a school district may use for
25purposes of providing district-wide or building-wide at-risk
26and dropout prevention programming targeted to pupils who are
27not deemed at risk and authorizes such programming that is
28grade-specific. The bill also adds guidance counselors to
29the list of staff for which salary and benefits may be paid
30with at-risk and dropout prevention program funding and adds
31programs to address high rates of absenteeism, truancy, or
32frequent tardiness to the list of authorized expenditures.
   33Division II of the bill takes effect upon enactment and
34applies to school budget years beginning on or after July 1,
352017.
-7-
   1Division III of the bill provides that when exercising
2authority to carry out an agency action, activity, or decision
3related to categorical funding under the teacher salary
4supplement, the professional development supplement, the
5early intervention supplement, and the teacher leadership
6supplement, the department of education is required to engage
7in such agency action, activity, or decision in a manner that
8gives deference to decisions of a school district’s board of
9directors, promotes flexibility for school districts, and
10minimizes intrusions into school district operations and
11decision making of boards of directors. In addition, in any
12such agency action, activity, or decision, the burden shall be
13on the department of education to demonstrate that any decision
14or action of a school district’s board of directors is an
15irrational, illogical, or wholly unjustifiable interpretation
16of a provision of law.
   17Division III of the bill takes effect upon enactment and
18applies to school budget years beginning on or after July 1,
192017.
   20Division IV of the bill specifies that preschool foundation
21aid funding may be used by approved local programs and
22community providers for any purpose determined by the board
23of directors of the school district to meet standards for
24high-quality preschool instruction and for purposes that
25directly or indirectly benefit students enrolled in the
26approved local program, instructional supplies, translation
27services, playground equipment and repair costs, food and
28beverages used by children in the approved local program,
29facility rental fees, child care, and for other direct
30costs that enhance the approved local program, including by
31contracting with community partners for any such services.
   32Division IV of the bill takes effect upon enactment and
33applies to school budget years beginning on or after July 1,
342017.
   35Current Code section 298.3 authorizes school districts to
-8-1use physical plant and equipment levy revenues for the repair
2of transportation equipment if the cost of the repair exceeds
3$2,500. Division V of the bill removes the $2,500 repair cost
4limitation.
   5Division V of the bill takes effect upon enactment and
6applies to school budget years beginning on or after July 1,
72017.
   8Current Code sections 257.42 through 257.46 establish
9requirements and funding for gifted and talented programs
10established by school districts. Division VI of the bill
11provides that for budget years beginning on or after July 1,
122017, if the program goals, objectives, and needs of gifted
13and talented children are satisfied, the budget of an approved
14gifted and talented children program may include expenditures
15and purposes that provide district-wide or building-wide gifted
16and talented programming or activities to those pupils who are
17not identified as gifted and talented. The bill also requires
18the gifted and talented program plans submitted by each school
19district to the department of education to include information
20on the additional types of expenditures authorized in the bill.
   21Division VI takes effect upon enactment.
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