Text: HSB88            Text: HSB90


House Study Bill 89

SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF EDUCATION BILL) A BILL FOR 1 An Act relating to education by modifying the duties and 2 operations of the department of education, community 3 colleges, the school budget review committee, and local 4 school boards, eliminating a reporting requirement relating 5 to vocational education funds, and including applicability 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1095XD (9) 85 kh/sc PAG LIN 1 1 Section 1. Section 256.5A, Code 2013, is amended to read as 1 2 follows: 1 3 256.5A Nonvoting member. 1 4 1. a. The governor shall appoint the one nonvoting 1 5 student member of the state board for a term of one year two 1 6 years beginning and ending as provided in section 69.19. The 1 7 nonvoting student member shall be appointed from a list of 1 8 names submitted by the state board of education. Students 1 9 enrolled in either grade ten or eleven in a public school 1 10 may apply to the state board to serve as a nonvoting student 1 11 member. 1 12 b. The department shall develop an application process that 1 13 requires the consent of the student's parent or guardian if 1 14 the student is a minor, initial application approval by the 1 15 school district in which the student applicant is enrolled, and 1 16 submission of approved applications by a school district to the 1 17 department. 1 18 2. The nonvoting student member's school district of 1 19 enrollment shall notify the student's parents if the student's 1 20 grade point average falls during the period in which the 1 21 student is a member of the state board. 1 22 3. The state board shall adopt rules under chapter 17A 1 23 specifying criteria for the selection of applicants whose names 1 24 shall be submitted to the governor. Criteria shall include, 1 25 but are not limited to, academic excellence, participation 1 26 in extracurricular and community activities, and interest in 1 27 serving on the board. Rules adopted by the state board shall 1 28 also require, if the student is a minor, supervision of the 1 29 student by the student's parent or guardian while the student 1 30 is engaged in authorized state board business at a location 1 31 other than the community in which the student resides, unless 1 32 the student's parent or guardian submits to the state board a 1 33 signed release indicating the parent or guardian has determined 1 34 that supervision of the student by the parent or guardian is 1 35 unnecessary. 2 1 4. The nonvoting student member appointment is not subject 2 2 to section 69.16 or 69.16A. 2 3 5. The nonvoting student member shall have been enrolled 2 4 in a public school in Iowa for at least one year prior to the 2 5 member's appointment. A nonvoting student member who will not 2 6 graduate from high school prior to the end of a second term may 2 7 apply to the state board for submission of candidacy to the 2 8 governor for a second one=year term. 2 9 6. A nonvoting student member shall be paid a per diem as 2 10 provided in section 7E.6 and the student and the student's 2 11 parent or guardian shall be reimbursed for actual and necessary 2 12 expenses incurred in the performance of the student's duties as 2 13 a nonvoting member of the state board. 2 14 7. A vacancy in the membership of the nonvoting student 2 15 member shall not be filled until the expiration of the term. 2 16 Sec. 2. Section 256.30, Code 2013, is amended to read as 2 17 follows: 2 18 256.30 Educational expenses for American Indians. 2 19 1. For the fiscal year beginning July 1, 2011, and ending 2 20 June 30, 2012, and for each succeeding fiscal year, there 2 21 is appropriated from the general fund of the state to the 2 22 department the sum of one hundred thousand dollars. The 2 23 department shall distribute the appropriation to the tribal 2 24 council of the Sac and Fox Indian settlement for expenses of 2 25 educating American Indian children residing in the Sac and Fox 2 26 Indian settlement on land held in trust by the secretary of 2 27 the interior of the United States in excess of federal moneys 2 28 paid to the tribal council for educating the American Indian 2 29 children when moneys are appropriated for that purpose. The 2 30 tribal council shall administer the moneys distributed pursuant 2 31 to this section and shall submit an annual report and other 2 32 reports as required by the department to the department on the 2 33 expenditure of the moneys. 2 34 2. The tribal council shall administer the moneys 2 35 distributed by the department pursuant to subsection 1 and 3 1 shall first use moneys distributed to it by the department 3 2 of education for the purposes of this section to pay the 3 3 additional costs of salaries for licensed instructional staff 3 4 for educational attainment and full=time equivalent years 3 5 of experience to equal the salaries listed on the proposed 3 6 salary schedule for the school at the Sac and Fox Indian 3 7 settlement for that school year, but the salary for a licensed 3 8 instructional staff member employed on a full=time basis shall 3 9 not be less than eighteen thousand dollars. The department of 3 10 management shall approve allotments of moneys appropriated in 3 11 and distributed pursuant to this section when the department of 3 12 education certifies to the department of management that the 3 13 requirements of this section have been met. 3 14 Sec. 3. Section 257.6, subsection 1, paragraph a, 3 15 subparagraph (3), Code 2013, is amended to read as follows: 3 16 (3) Shared=time and part=time pupils of school age enrolled 3 17 in public schools within the district, irrespective of the 3 18 districts in which the pupils reside, in the proportion that 3 19 the time for which they are enrolled or receive instruction for 3 20 the school year is to the time that full=time pupils carrying 3 21 a normal course schedule, at the same grade level, in the 3 22 same school district, for the same school year, are enrolled 3 23 and receive instruction. Tuition charges to the parent or 3 24 guardian of a shared=time or part=time nonresident pupil shall 3 25 be reduced by the amount of any increased state aid received by 3 26 the district by the counting of the pupil. This subparagraph 3 27 applies to pupils enrolled in grades nine through twelve under 3 28 section 299A.8 and to pupils from accredited nonpublic schools 3 29 accessing classes or services on the accredited nonpublic 3 30 school premises or the school district site, but excludes 3 31 accredited nonpublic school pupils receiving classes or 3 32 services funded by federal grants or allocations. 3 33 Sec. 4. Section 257.11, subsection 3, paragraph c, Code 3 34 2013, is amended by striking the paragraph. 3 35 Sec. 5. Section 257.11, Code 2013, is amended by adding the 4 1 following new subsection: 4 2 NEW SUBSECTION. 7A. District to community college 4 3 innovative sharing project. A school district that collaborates 4 4 with a community college to provide pupils enrolled in the 4 5 school district's high school with a class that uses an 4 6 activities=based, project=based, and problem=based learning 4 7 approach that is offered through a partnership with a 4 8 nationally recognized provider of rigorous and innovative 4 9 science, technology, engineering, and mathematics curriculum 4 10 for schools, which provider is exempt from taxation under 4 11 section 501(c)(3) of the Internal Revenue Code, is eligible to 4 12 assign its resident pupils attending the class an additional 4 13 weighting of the percentage of the pupil's school day during 4 14 which the pupil attends a class described in this subsection 4 15 times seventy hundredths. To qualify for additional weighting, 4 16 the class must supplement, not supplant, high school courses 4 17 required to be offered pursuant to section 256.11, subsection 4 18 5. 4 19 Sec. 6. Section 257.31, subsection 2, Code 2013, is amended 4 20 to read as follows: 4 21 2. The committee shall specify publish on the department 4 22 of education's internet site the number of hearings held 4 23 annually by the committee during the most recent fiscal year, 4 24 the reasons for the committee's recommendations, a summary of 4 25 the committee's decisions and recommendations issued during 4 26 the most recent fiscal year, information about the amounts of 4 27 property tax levied by school districts for a cash reserve, 4 28 and other information the committee deems advisable on the 4 29 department of education's internet website. 4 30 Sec. 7. Section 257.37, subsection 4, Code 2013, is amended 4 31 to read as follows: 4 32 4. "Enrollment served" means the basic enrollment plus the 4 33 number of nonpublic school pupils served with media services 4 34 or educational services, as applicable, except that if a 4 35 nonpublic school pupil or a pupil attending another district 5 1 under a whole grade sharing agreement or open enrollment 5 2 receives services through an area other than the area of the 5 3 pupil's residence, the pupil shall be deemed to be served by 5 4 the area of the pupil's residence, which shall by contractual 5 5 arrangement reimburse the area through which the pupil actually 5 6 receives services. Each school district shall include in 5 7 the enrollment report submitted pursuant to section 257.6, 5 8 subsection 1, the number of nonpublic school pupils within each 5 9 school district for media and educational services served by 5 10 the area. However, the school district shall not include in 5 11 the enrollment report nonpublic school pupils receiving classes 5 12 or services funded by federal grants or allocations. 5 13 Sec. 8. Section 258.12, Code 2013, is amended to read as 5 14 follows: 5 15 258.12 Custodian of funds == reports. 5 16 The treasurer of state shall be custodian of the funds 5 17 paid to the state from the appropriations made under said Act 5 18 of Congress, and shall disburse the same on vouchers audited 5 19 as provided by law. The treasurer of state shall report 5 20 the receipts and disbursements of said funds to the general 5 21 assembly at each biennial session. 5 22 Sec. 9. Section 259A.1, Code 2013, is amended to read as 5 23 follows: 5 24 259A.1 Tests. 5 25 The department of education shall cause to be made 5 26 available for qualified individuals a high school equivalency 5 27 diploma. The diploma shall be issued on the basis of 5 28 satisfactory competence as shown by tests covering all of the 5 29 following: reading, arts, language arts, writing literacy, 5 30 mathematics, science, and social studies. 5 31 Sec. 10. Section 259A.2, unnumbered paragraph 2, Code 2013, 5 32 is amended to read as follows: 5 33 Application shall be made to a testing center approved by the 5 34 department of education, accompanied by an application fee in 5 35 an amount prescribed by the department. The test scores shall 6 1 be forwarded by the testing center scorer of the test to the 6 2 department. 6 3 Sec. 11. Section 273.3, subsection 12, Code 2013, is amended 6 4 to read as follows: 6 5 12. Prepare an annual budget estimating income and 6 6 expenditures for programs and services as provided in sections 6 7 273.1, 273.2, this section, sections 273.4 to 273.9, and 6 8 chapter 256B within the limits of funds provided under section 6 9 256B.9 and chapter 257. The board shall give notice of a 6 10 public hearing on the proposed budget by publication in an 6 11 official county newspaper in each county in the territory 6 12 of the area education agency in which the principal place 6 13 of business of a school district that is a part of the area 6 14 education agency is located. The notice shall specify the 6 15 date, which shall be not later than March 1 of each year, the 6 16 time, and the location of the public hearing. The proposed 6 17 budget as approved by the board shall then be submitted to the 6 18 state board of education, on forms provided by the department, 6 19 no later than March 15 preceding the next fiscal year for 6 20 approval. The state board shall review the proposed budget of 6 21 each area education agency and shall before April May 1, either 6 22 grant approval or return the budget without approval with 6 23 comments of the state board included. An unapproved budget 6 24 shall be resubmitted to the state board for final approval not 6 25 later than April May 15. For the fiscal year beginning July 6 26 1, 1999, and each succeeding fiscal year, the The state board 6 27 shall give final approval only to budgets submitted by area 6 28 education agencies accredited by the state board or that have 6 29 been given conditional accreditation by the state board. 6 30 Sec. 12. Section 273.13, Code 2013, is amended to read as 6 31 follows: 6 32 273.13 Administrative expenditures. 6 33 During the budget year beginning July 1, 1989, and the 6 34 three succeeding budget years, the board of directors of 6 35 an area education agency in which the The administrative 7 1 expenditures as a percent of the an area education agency's 7 2 operating general fund for a base year shall not exceed five 7 3 percent shall reduce its administrative expenditures to five 7 4 percent of the area education agency's operating fund. During 7 5 each of the four years, the board of directors shall reduce 7 6 administrative expenditures by twenty=five percent of the 7 7 reduction in administrative expenditure required by this 7 8 section. Thereafter, the administrative expenditures shall 7 9 not exceed five percent of the operating fund. Annually, the 7 10 board of directors shall certify to the department of education 7 11 the amounts of the area education agency's expenditures and 7 12 its operating general fund. For the purposes of this section, 7 13 "base year" and "budget year" mean means the same as defined in 7 14 section 442.6, Code 1989, and section 257.2, and "administrative 7 15 expenditures" means expenditures for executive administration. 7 16 Sec. 13. Section 273.23, subsection 5, Code 2013, is amended 7 17 to read as follows: 7 18 5. The initial board, or new board if established in time 7 19 under subsection 3, of the newly formed agency shall prepare an 7 20 annual budget estimating income and expenditures for programs 7 21 and services as provided in sections 273.1 through 273.9 7 22 and chapter 256B within the limits of funds provided under 7 23 section 256B.9 and chapter 257. The board shall give notice 7 24 of a public hearing on the proposed budget by publication in 7 25 an official county newspaper in each county in the territory 7 26 of the area education agency in which the principal place 7 27 of business of a school district that is a part of the area 7 28 education agency is located. The notice shall specify the 7 29 date, which shall not be later than March 1, the time, and 7 30 the location of the public hearing. The proposed budget as 7 31 approved by the board shall be submitted to the state board, 7 32 on forms provided by the department, no later than March 15 7 33 for approval. The state board shall review the proposed 7 34 budget of the newly formed area education agency and shall, 7 35 before April May 1, either grant approval or return the budget 8 1 without approval with comments of the state board included. An 8 2 unapproved budget shall be resubmitted to the state board for 8 3 final approval not later than April May 15. The state board 8 4 shall give final approval only to budgets submitted by area 8 5 education agencies accredited by the state board or that have 8 6 been given conditional accreditation by the state board. 8 7 Sec. 14. Section 275.23A, subsection 2, Code 2013, is 8 8 amended to read as follows: 8 9 2. Following each federal decennial census the school 8 10 board shall determine whether the existing director district 8 11 boundaries meet the standards in subsection 1 according to 8 12 the most recent federal decennial census. In addition to the 8 13 authority granted to voters to change the number of directors 8 14 or method of election as provided in sections 275.35, 275.36, 8 15 and 278.1, the board of directors of a school district may, 8 16 following a federal decennial census, by resolution and in 8 17 accordance with this section, authorize a change in the method 8 18 of election as set forth in section 275.12, subsection 2, or 8 19 a change to either five or seven directors after the board 8 20 conducts a hearing on the resolution. If the board proposes to 8 21 change the number of directors from seven to five directors, 8 22 the resolution shall include a plan for reducing the number 8 23 of directors. If the board proposes to increase the number 8 24 of directors to seven directors, two directors shall be 8 25 added according to the procedure described in section 277.23, 8 26 subsection 2. If necessary, the board of directors shall 8 27 redraw the director district boundaries. The director district 8 28 boundaries shall be described in the resolution adopted by 8 29 the school board. The resolution shall be adopted no earlier 8 30 than November 15 of the second year immediately following the 8 31 year in which the federal decennial census is taken nor later 8 32 than May 15 of the second third year immediately following 8 33 the year in which the federal decennial census is taken. 8 34 A copy of the plan shall be filed with the area education 8 35 agency administrator of the area education agency in which the 9 1 school's electors reside. If the board does not provide for 9 2 an election as provided in sections 275.35, 275.36, and 278.1 9 3 and adopts a resolution to change the number of directors or 9 4 method of election in accordance with this subsection, the 9 5 district shall change the number of directors or method of 9 6 election as provided unless, within twenty=eight days following 9 7 the action of the board, the secretary of the board receives a 9 8 petition containing the required number of signatures, asking 9 9 that an election be called to approve or disapprove the action 9 10 of the board in adopting the resolution. The petition must be 9 11 signed by eligible electors equal in number to not less than 9 12 one hundred or thirty percent of the number of voters at the 9 13 last preceding regular school election, whichever is greater. 9 14 The board shall either rescind its action or direct the 9 15 county commissioner of elections to submit the question to the 9 16 registered voters of the school district at an election held 9 17 on a date specified in section 39.2, subsection 4, paragraph 9 18 "c". If a majority of those voting on the question at the 9 19 election favors disapproval of the action of the board, the 9 20 district shall not change the number of directors or method of 9 21 election. If a majority of those voting on the question does 9 22 not favor disapproval of the action, the board shall certify 9 23 the results of the election to the department of management and 9 24 the district shall change the number of directors or method of 9 25 election as provided in this subsection. At the expiration of 9 26 the twenty=eight=day period, if no petition is filed, the board 9 27 shall certify its action to the department of management and 9 28 the district shall change the number of directors or method of 9 29 election as provided in this subsection. 9 30 Sec. 15. Section 278.1, subsection 1, paragraph e, Code 9 31 2013, is amended to read as follows: 9 32 e. Direct the transfer of any surplus in the debt service 9 33 fund, physical plant and equipment levy fund, or other capital 9 34 projects project funds, or public education and recreation levy 9 35 fund to the general fund. 10 1 Sec. 16. Section 279.30, Code 2013, is amended to read as 10 2 follows: 10 3 279.30 Exceptions. 10 4 Each payment must be made payable to the person entitled to 10 5 receive the money or deposited directly into an account at a 10 6 financial institution, as defined in section 527.2, specified 10 7 by the person entitled to receive the money. The board of 10 8 directors of a school district or an area education agency may 10 9 by resolution authorize the secretary, upon approval of the 10 10 superintendent or designee, or administrator, in the case of 10 11 an area education agency, to issue payments when the board 10 12 of directors is not in session in payment of reasonable and 10 13 necessary expenses, but only upon verified bills filed with the 10 14 secretary or administrator, and for the payment of salaries 10 15 pursuant to the terms of a written contract. Each payment 10 16 must be made payable only to the person performing the service 10 17 or presenting the verified bill, and must state the purpose 10 18 for which the payment is issued. All bills and salaries for 10 19 which payments are issued prior to audit and allowance by the 10 20 board must be passed upon by the board of directors at the next 10 21 meeting and be entered in the regular minutes of the secretary. 10 22 Sec. 17. Section 279.42, Code 2013, is amended to read as 10 23 follows: 10 24 279.42 Gifts to schools. 10 25 The board of directors of a school district which that 10 26 receives funds through gifts, devises, and bequests a gift, 10 27 devise, or bequest shall deposit these the funds in a trust 10 28 and fund, permanent fund, or agency fund and shall use them 10 29 the funds in accordance with the terms of the gift, devise, or 10 30 bequest. 10 31 Sec. 18. Section 279.45, Code 2013, is amended to read as 10 32 follows: 10 33 279.45 Administrative expenditures. 10 34 For the budget year beginning July 1, 1989, and each of 10 35 the following three budget years, the board of directors of a 11 1 school district in which the The administrative expenditures 11 2 as a percent of the a school district's operating general fund 11 3 for a base year shall not exceed five percent, shall reduce its 11 4 administrative expenditures so that they are one=half percent 11 5 less as a percent of the school district's operating fund than 11 6 they were for the base year. However, a school district is 11 7 not required to reduce its administrative expenditures below 11 8 five percent of its operating fund. Thereafter, a school 11 9 district shall not increase the percent of its administrative 11 10 expenditures compared to its operating fund. Annually, 11 11 the board of directors shall certify to the department of 11 12 education the amounts of the school district's administrative 11 13 expenditures and its operating general fund. For the purposes 11 14 of this section, "base year" and "budget year" mean means 11 15 the same as defined in section 442.6, Code 1989, and section 11 16 257.2, and "administrative expenditures" means expenditures for 11 17 executive administration. 11 18 Sec. 19. Section 282.10, subsection 4, Code 2013, is amended 11 19 to read as follows: 11 20 4. A whole grade sharing agreement shall be signed by the 11 21 boards of the districts involved in the agreement not later 11 22 than February 1 of the school year preceding the school year 11 23 for which the agreement is to take effect. The boards of 11 24 the districts shall negotiate as part of the new or existing 11 25 agreement the disposition of teacher quality funding provided 11 26 under chapter 284. 11 27 Sec. 20. Section 282.20, unnumbered paragraph 3, Code 2013, 11 28 is amended to read as follows: 11 29 On or before February 15 and June July 15 of each year 11 30 the secretary of the creditor district shall deliver to the 11 31 secretary of the debtor district an itemized statement of such 11 32 tuition fees. 11 33 Sec. 21. Section 291.1, Code 2013, is amended to read as 11 34 follows: 11 35 291.1 President ==== duties. 12 1 The president of the board of directors shall preside at 12 2 all of its meetings, sign all contracts made by the board, and 12 3 appear in on behalf of the corporation in all actions brought 12 4 by or against it, unless individually a party, in which case 12 5 this duty shall be performed by the secretary. The president 12 6 or the president's designee shall sign, using an original or 12 7 facsimile signature, all school district warrants payments 12 8 drawn and authorize electronic funds transfers as provided by 12 9 law. The board of directors, by resolution, may designate an 12 10 individual, who shall not be the secretary, to sign warrants 12 11 payments or authorize electronic funds transfers on behalf of 12 12 the president. 12 13 Sec. 22. Section 291.6, subsection 3, Code 2013, is amended 12 14 by striking the subsection and inserting in lieu thereof the 12 15 following: 12 16 3. Accounting records. Keep an accurate accounting record 12 17 of each payment or electronic funds transfer from each fund 12 18 which shall be provided monthly to the board of directors. The 12 19 secretary of the creditor district shall prepare and deliver to 12 20 debtor districts an itemized statement of tuition fees charged 12 21 in accordance with sections 275.55A and 282.11, and section 12 22 282.24, subsection 1. 12 23 Sec. 23. Section 291.6, subsection 4, Code 2013, is amended 12 24 to read as follows: 12 25 4. Claims. Keep an accurate account accounting of all 12 26 expenses incurred by the corporation, and present the same to 12 27 the board for audit and payment. 12 28 Sec. 24. Section 291.7, Code 2013, is amended to read as 12 29 follows: 12 30 291.7 Monthly receipts, disbursements, and balances. 12 31 The secretary of each district shall file monthly with the 12 32 board of directors a complete statement of all receipts and 12 33 disbursements from the various funds each individual fund 12 34 during the preceding month, and also the balance remaining on 12 35 hand in the various funds each individual fund at the close of 13 1 the period covered by the statement, which monthly statements 13 2 shall be open to public inspection. 13 3 Sec. 25. Section 291.8, Code 2013, is amended by striking 13 4 the section and inserting in lieu thereof the following: 13 5 291.8 Payments and electronic funds transfers. 13 6 The secretary shall make each authorized payment, 13 7 countersign using an original or facsimile signature, and 13 8 maintain accounting records of the payments or electronic funds 13 9 transfers, showing the number, date, payee, originating fund, 13 10 the purpose, and the amount, and shall provide to the board at 13 11 each regular annual meeting a copy of the accounting records 13 12 maintained by the secretary. 13 13 Sec. 26. Section 291.12, Code 2013, is amended to read as 13 14 follows: 13 15 291.12 Duties of treasurer ==== payment of warrants receipts 13 16 and expenditures. 13 17 The treasurer shall receive all moneys belonging to the 13 18 corporation, pay the same out only upon the order of the 13 19 president countersigned by the secretary, keeping and shall 13 20 keep an accurate account accounting record of all receipts 13 21 and expenditures in a book provided for that purpose. The 13 22 treasurer shall register all orders drawn payments and 13 23 electronic funds transfers made and reported to the treasurer 13 24 by the secretary, showing the number, date, to whom drawn, the 13 25 fund upon from which drawn each payment and transfer was made, 13 26 the purpose and amount. 13 27 Sec. 27. Section 291.14, Code 2013, is amended to read as 13 28 follows: 13 29 291.14 Financial statement. 13 30 The treasurer shall render a statement of the finances of the 13 31 corporation whenever required by the board, and the treasurer's 13 32 books accounting records shall always be open for inspection. 13 33 Sec. 28. Section 298.2, subsections 1 and 5, Code 2013, are 13 34 amended to read as follows: 13 35 1. A physical plant and equipment levy of not exceeding 14 1 one dollar and sixty=seven cents per thousand dollars of 14 2 assessed valuation in the district is established except as 14 3 otherwise provided in this subsection. The physical plant 14 4 and equipment levy consists of the regular physical plant 14 5 and equipment levy of not exceeding thirty=three cents per 14 6 thousand dollars of assessed valuation in the district and 14 7 a voter=approved physical plant and equipment levy of not 14 8 exceeding one dollar and thirty=four cents per thousand 14 9 dollars of assessed valuation in the district. However, the 14 10 voter=approved physical plant and equipment levy may consist 14 11 of a combination of a physical plant and equipment property 14 12 tax levy and a physical plant and equipment income surtax 14 13 as provided in subsection 4 with the maximum amount levied 14 14 and imposed limited to an amount that could be raised by a 14 15 one dollar and thirty=four cent property tax levy. The levy 14 16 limitations of this subsection are subject to subsection 6. 14 17 5. a. The proposition to levy the voter=approved physical 14 18 plant and equipment levy is not affected by a change in 14 19 the boundaries of the school district, except as otherwise 14 20 provided in this section. If each school district involved 14 21 in a school reorganization under chapter 275 has adopted 14 22 the voter=approved physical plant and equipment levy or the 14 23 sixty=seven and one=half cents per thousand dollars of assessed 14 24 value schoolhouse levy under section 278.1, subsection 7, 14 25 Code 1989, prior to July 1, 1991, and if the voters have not 14 26 voted upon the proposition to levy the voter=approved physical 14 27 plant and equipment levy in the reorganized district, the 14 28 existing voter=approved physical plant and equipment levy or 14 29 the existing schoolhouse levy, as applicable, is in effect for 14 30 the reorganized district for the least amount and the shortest 14 31 time for which it is in effect in any of the districts. 14 32 b. Authorized levies An authorized levy for the period of 14 33 time approved are is not affected as a result of a failure of a 14 34 proposition proposed to expand the purposes for which the funds 14 35 may be expended. 15 1 Sec. 29. Section 298.2, subsection 6, Code 2013, is amended 15 2 by striking the subsection. 15 3 Sec. 30. Section 298.3, subsection 1, Code 2013, is amended 15 4 by adding the following new paragraph: 15 5 NEW PARAGRAPH. n. The purchase, lease, or lease=purchase of 15 6 desks, furniture, or fixtures exceeding five hundred dollars in 15 7 value per purchase, lease, or lease=purchase transaction. Each 15 8 transaction may include multiple desk, furniture, or fixture 15 9 units. 15 10 Sec. 31. Section 298A.4, Code 2013, is amended to read as 15 11 follows: 15 12 298A.4 Physical plant and equipment levy fund. 15 13 The physical plant and equipment levy fund is a special 15 14 revenue capital project fund. A physical plant and equipment 15 15 levy fund must be established in any school corporation which 15 16 levies the tax authorized, whether regular or voter=approved, 15 17 under section 298.2. 15 18 Sec. 32. Section 298A.9, Code 2013, is amended to read as 15 19 follows: 15 20 298A.9 Capital project funds. 15 21 A capital project fund must be established in any school 15 22 corporation which issues bonds or other authorized indebtedness 15 23 for capital projects or which initiates a capital project, or 15 24 which receives grants or other funds for capital projects. 15 25 Boards are authorized to establish more than one capital 15 26 project fund as necessary. Any balance remaining in a capital 15 27 project fund after the capital project is completed may be 15 28 retained for future capital projects in accordance with the 15 29 original purpose of the bond issue or voter=approved levy; or 15 30 may be transferred, by board resolution, to the debt service 15 31 fund, to the physical plant and equipment levy fund or another 15 32 capital project fund, or other to the fund from which the 15 33 surplus originated; or transferred to the general fund in 15 34 accordance with section 278.1, subsection 1, paragraph "e". 15 35 Sec. 33. Section 298A.13, Code 2013, is amended to read as 16 1 follows: 16 2 298A.13 Trust, permanent, or agency funds. 16 3 Trust, permanent, or agency funds shall be established by 16 4 any school corporation to account for gifts it receives to 16 5 be used for a particular purpose or to account for money and 16 6 property received and administered by the district as trustee 16 7 or custodian or in the capacity of an agent. Boards may 16 8 establish trust and, permanent, or agency funds as necessary. 16 9 Sec. 34. Section 321.375, subsection 2, Code 2013, is 16 10 amended to read as follows: 16 11 2. Prior to hiring an applicant for a school bus driver 16 12 position, including a contract position, an employer shall have 16 13 access to and shall review the information in the Iowa court 16 14 information system available to the general public, the sex 16 15 offender registry information under section 692A.121 available 16 16 to the general public, the central registry for child abuse 16 17 information established under section 235A.14, and the central 16 18 registry for dependent adult abuse information established 16 19 under section 235B.5 for information regarding the applicant. 16 20 An employer shall follow the same procedure every five years 16 21 upon the renewal of an employee's or contract employee's school 16 22 bus driver's license issued by the department of transportation 16 23 valid for the operation of a school bus. An employer shall 16 24 pay for the cost of the registry checks conducted pursuant to 16 25 this subsection. An employer shall maintain documentation 16 26 demonstrating compliance with this subsection. 16 27 Sec. 35. Section 423F.3, subsection 1, paragraph d, Code 16 28 2013, is amended by striking the paragraph. 16 29 Sec. 36. REPEAL. Sections 256.20, 256.21, 256.22, 256.23, 16 30 256.38, 297.35, and 298A.5, Code 2013, are repealed. 16 31 Sec. 37. APPLICABILITY. The following provision or 16 32 provisions of this Act apply to school budget years beginning 16 33 on or after July 1, 2013: 16 34 1. The section of this Act amending section 298.3, 16 35 subsection 1. 17 1 EXPLANATION 17 2 This bill makes various changes to Code provisions relating 17 3 to education as follows: 17 4 STUDENT STATE BOARD OF EDUCATION MEMBER. Code section 17 5 256.5A is amended to increase the term of the nonvoting student 17 6 member of the state board of education from one year to two 17 7 years, and provides that the student must be enrolled in grade 17 8 10 when applying for the appointment. Currently, a student may 17 9 be enrolled in grade 10 or 11 at the time the student applies. 17 10 AMERICAN INDIAN EDUCATION EXPENSES. Code section 256.30 17 11 provides for the distribution and administration of moneys to 17 12 pay the expense of educating American Indian children residing 17 13 in the Sac and Fox Indian settlement. The bill eliminates 17 14 language that requires the tribal council to submit an annual 17 15 report and other reports as required to the department of 17 16 education on the expenditure of the moneys, and eliminates 17 17 language that requires the department of education to certify 17 18 compliance before the department of management can approve 17 19 allotment of the moneys. 17 20 ACCREDITED NONPUBLIC SCHOOL PUPIL ENROLLMENT. Code section 17 21 257.6 is amended to specify that dual enrolled pupils in 17 22 grades 9 through 12 and accredited nonpublic school pupils 17 23 enrolled part=time in a school district are eligible to be 17 24 counted proportionally as shared=time or part=time pupils 17 25 in a school district's enrollment, but accredited nonpublic 17 26 pupils receiving classes or services funded by federal grants 17 27 or allocations are not eligible to be counted in a school 17 28 district's enrollment. The bill makes a corresponding change 17 29 to the definition of "enrollment served" in Code section 17 30 257.37, subsection 4. 17 31 VOCATIONAL EDUCATION REPORT. The bill amends Code section 17 32 258.12 to eliminate a provision that requires the treasurer of 17 33 state to annually report to the general assembly the receipts 17 34 and disbursements of the funds paid to the state under the 17 35 federal Carl D. Perkins Vocational and Technical Education Act 18 1 of 1998. 18 2 HIGH SCHOOL EQUIVALENCY DIPLOMAS. The bill amends Code 18 3 sections 259A.1 and 259A.2 to change subjects covered by high 18 4 school equivalency diploma tests by eliminating arts and 18 5 writing and adding literacy, and to require the test scorer, 18 6 rather than the testing center, to forward test scores to the 18 7 department. 18 8 DISTRICT TO COMMUNITY COLLEGE INNOVATIVE SHARING 18 9 PROJECT. The bill separates from language that provides for 18 10 district=to=community college sharing and concurrent enrollment 18 11 program requirements a provision assigning additional 18 12 supplementary weighting for high school pupils who are enrolled 18 13 in a class that uses an activities=based, project=based, and 18 14 problem=based learning approach offered through a partnership 18 15 with a nationally recognized nonprofit provider of rigorous and 18 16 innovative science, technology, engineering, and mathematics 18 17 curriculum for schools. The bill moves the language to a new 18 18 subsection of Code section 257.11 and authorizes a school 18 19 district to assign its resident pupils attending the class an 18 20 additional weighting of the percentage of the pupil's school 18 21 day during which the pupil attends such classes times seventy 18 22 hundredths. 18 23 SCHOOL BUDGET REVIEW COMMITTEE INTERNET SITE INFORMATION. 18 24 Code section 257.31 is amended to eliminate a requirement that 18 25 the school budget review committee specify on its internet 18 26 site annually the reasons for its recommendations, and to add 18 27 a requirement that the committee publish a summary of its 18 28 decisions and recommendations issued during the most recent 18 29 fiscal year. 18 30 AEA BUDGET DEADLINES. Code sections 273.3 and 273.23 18 31 are amended to extend by one month the dates by which area 18 32 education agency proposed budgets must be reviewed, approved, 18 33 or returned by the state board and resubmitted to the state 18 34 board if the first submission is not approved. 18 35 REDISTRICTING FOLLOWING FEDERAL DECENNIAL CENSUS. Code 19 1 section 275.23A is amended to move the dates back by which a 19 2 resolution describing new director district boundaries must be 19 3 adopted by the school board if the school board redraws its 19 4 director district boundaries following the federal decennial 19 5 census. Currently, the resolution can be adopted no earlier 19 6 than November 15 of the year immediately following the year 19 7 in which the federal decennial census is taken nor later than 19 8 May 15 of the second year immediately following the year in 19 9 which the federal decennial census is taken. The bill moves 19 10 the timelines to no sooner than November 15 of the second year 19 11 following the federal decennial census and no later than May 15 19 12 of the third year following the federal decennial census. 19 13 SCHOOL AND AEA BOARD PAYMENTS AND WARRANTS. Code section 19 14 279.30 is amended to allow the board of directors of a 19 15 school district or of an AEA to direct deposit a payment at 19 16 a financial institution specified by the person entitled to 19 17 the money. Code sections 291.1, 291.6, 291.7, 291.8, 291.12, 19 18 and 291.14 are amended to replace references to "books", 19 19 "registers", and "warrants" with references to payments, 19 20 electronic funds transfers, and accounting records and to make 19 21 related changes. 19 22 SCHOOL FUNDS FOR GIFTS. Code sections 279.42 and 298A.13 are 19 23 amended to give school districts the option of establishing a 19 24 permanent fund for gifts received and to allow school districts 19 25 to deposit funds received from gifts, devises, and bequests 19 26 into a trust fund, permanent fund, or agency fund. 19 27 SCHOOL DISTRICT ADMINISTRATIVE EXPENDITURES. Code sections 19 28 273.13 and 279.45 are amended to modify language related 19 29 to a requirement that a school district limit its annual 19 30 administrative expenses to not more than 5 percent of its 19 31 general fund for a base year and to replace references to the 19 32 term "operating fund" with "general fund". 19 33 WHOLE GRADE SHARING AGREEMENTS. Code section 282.10 is 19 34 amended to provide that the boards of directors of school 19 35 districts must negotiate the disposition of any funding 20 1 provided under Code chapter 284, not solely teacher quality 20 2 funding. 20 3 TUITION FEES. The bill amends Code section 282.20 to change 20 4 the date by which the secretary of a creditor district must 20 5 deliver to the secretary of a debtor district an itemized 20 6 statement of the tuition fees for nonresident pupils enrolled 20 7 by the creditor district. 20 8 PHYSICAL PLANT AND EQUIPMENT LEVY. Code section 298A.4 20 9 is amended to describe the physical plant and equipment levy 20 10 fund as a "capital project fund", rather than a "special 20 11 revenue fund". Corresponding changes are made to Code sections 20 12 278.1(1)(e), 298.2(5)(a), and 298A.9, while Code sections 20 13 298.2(6) and 423F.3(1)(d) are stricken. 20 14 REVENUES FROM CERTAIN LEVIES. The bill modifies Code 20 15 section 298.3(1) to allow the revenue from the regular and 20 16 voter=approved physical plant and equipment levies to be 20 17 expended for the purchase, lease, or lease=purchase of desks, 20 18 furniture, or fixtures exceeding $500 in value per transaction. 20 19 Each transaction may include multiple units. These provisions 20 20 apply to school budget years beginning on or after July 1, 20 21 2013. 20 22 SCHOOL BUS DRIVERS. The bill amends Code section 321.375 to 20 23 provide that the employer of a school bus driver must conduct 20 24 a review of information in the Iowa court information system 20 25 and the sex offender, child abuse, and dependent adult abuse 20 26 registries for information about the driver upon renewal of the 20 27 driver's school bus driver's license. Currently, the review 20 28 is required to be conducted every five years upon renewal of 20 29 the license. 20 30 OTHER REPEALS. The bill repeals Code sections relating to 20 31 authorization sought by school districts from the department 20 32 of education for the maintenance of year around schools, for 20 33 a grant program to provide sabbaticals for teachers, for 20 34 an extended year school grant program, for a pilot project 20 35 to encourage the advancement of women and minorities to 21 1 administrative positions in a school district, and for the 21 2 development of a statewide school=to=work system. The bill 21 3 also repeals references to the schoolhouse tax levy and fund. LSB 1095XD (9) 85 kh/sc
Text: HSB88            Text: HSB90