House Study Bill 713 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON WHEELER) A BILL FOR An Act relating to area education agencies, including 1 modifying provisions related to the duties and powers of 2 area education agencies, oversight by the department of 3 education, funding, shared operational functions, and 4 establishing a task force related to area education agency 5 property and operations, and including effective date and 6 applicability provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 6302YC (6) 90 jda/jh
H.F. _____ DIVISION I 1 DIVISION OF SPECIAL EDUCATION OF THE DEPARTMENT OF EDUCATION 2 Section 1. Section 256B.3, Code 2024, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 15A. Beginning July 1, 2025, oversee the 5 operation of each area education agency to ensure the area 6 education agency complies with all applicable federal and state 7 laws related to special education. 8 Sec. 2. DIVISION OF SPECIAL EDUCATION EMPLOYEES. From 9 July 1, 2024, to June 30, 2025, the division of special 10 education of the department of education shall do all of the 11 following: 12 1. Devote at least thirteen full-time equivalent positions 13 within the department of educations location in the city 14 of Des Moines to oversight of the area education agencies, 15 including the accreditation of area education agencies under 16 section 273.10. 17 a. At least one of the full-time equivalent positions shall 18 be an administrator. 19 b. At least one of the full-time equivalent positions shall 20 be a bureau chief of special education. 21 c. At least one of the full-time equivalent positions shall 22 be a liaison for accredited nonpublic schools. 23 d. At least one of the full-time equivalent positions shall 24 be an employee whose primary job duties relate to the child 25 find process for special education. 26 e. At least one of the full-time equivalent positions 27 shall be an employee whose primary job duties relate to best 28 practices concerning the development and implementation of 29 individualized education programs. 30 f. At least five of the full-time equivalent positions shall 31 be devoted to the accreditation of area education agencies. 32 2. Devote five full-time equivalent positions within the 33 main office of each area education agency to ensure the area 34 education agency complies with all applicable federal and state 35 -1- LSB 6302YC (6) 90 jda/jh 1/ 24
H.F. _____ laws related to special education and to review the services 1 provided by the area education agency. 2 DIVISION II 3 AREA EDUCATION AGENCIES GENERAL PROVISIONS 4 Sec. 3. Section 273.2, subsections 1 and 3, Code 2024, are 5 amended to read as follows: 6 1. There are established throughout the state fifteen 7 area education agencies, each of which is governed by an 8 area education agency board of directors under the general 9 supervision of the director, except as otherwise provided 10 in this chapter . Each area education agency shall have an 11 area education agency board of directors that shall serve in 12 an advisory capacity. The boundaries of an area education 13 agency shall not divide a school district. The director of 14 the department of education shall change boundaries of area 15 education agencies to take into account mergers of local school 16 districts and changes in boundaries of local school districts, 17 when necessary to maintain the policy of this chapter that a 18 local school district shall not be a part of more than one area 19 education agency. 20 3. a. The area education agency board shall furnish 21 educational services and programs as provided in section 273.1 , 22 this section , sections 273.3 through 273.8 , and chapter 256B 23 to the pupils enrolled in public or nonpublic schools located 24 within its boundaries which are on the list of accredited 25 schools pursuant to section 256.11 , which request to receive 26 such services . The programs and services provided shall be 27 at least commensurate with programs and services existing on 28 July 1, 1974. The programs and services provided to pupils 29 enrolled in nonpublic schools shall be comparable to programs 30 and services provided to pupils enrolled in public schools 31 within constitutional guidelines. 32 b. The area education agencies may furnish evidence-based 33 professional development services to public or nonpublic 34 schools located within its boundaries which are on the list of 35 -2- LSB 6302YC (6) 90 jda/jh 2/ 24
H.F. _____ accredited schools pursuant to section 256.11, subject to the 1 approval of the director of the department of education. 2 Sec. 4. Section 273.3, subsections 1, 11, and 12, Code 2024, 3 are amended to read as follows: 4 1. Determine the policies of Advise and consult with the 5 area education agency on policies and procedures for providing 6 programs and services. 7 11. Employ personnel to carry out the functions of the 8 area education agency which shall include the employment 9 of an administrator who shall possess a license issued 10 under chapter 256, subchapter VII, part 3 by the board of 11 educational examiners and, beginning July 1, 2025, either 12 a teaching license with a special education endorsement or 13 a special education support personnel authorization . The 14 administrator shall be employed pursuant to section 279.20 15 and sections 279.23 , 279.24 , and 279.25 . The salary for an 16 area education agency administrator shall be established by 17 the board based upon the previous experience and education 18 of the administrator ; provided, however, that the salary for 19 an area education agency administrator shall not exceed the 20 average salary of all superintendents of the school districts 21 that are located within the boundaries of the area education 22 agency . Section 279.13 applies to the area education agency 23 board and to all teachers employed by the area education 24 agency. Sections 279.23 , 279.24 , and 279.25 apply to the area 25 education board and to all administrators employed by the area 26 education agency. Section 279.69 applies to the area education 27 agency board and employees of the board, including part-time, 28 substitute, or contract employees, who provide services to a 29 school or school district. 30 12. Prepare an annual budget estimating income and 31 expenditures for programs and services as provided in sections 32 273.1 , 273.2 , this section , sections 273.4 through 273.8 , 33 and chapter 256B within the limits of funds provided under 34 section 256B.9 and chapter 257 . The board shall post notice 35 -3- LSB 6302YC (6) 90 jda/jh 3/ 24
H.F. _____ of a public hearing on submit the proposed budget on the area 1 education agencys internet site and by publication in the 2 newspaper of general circulation in the territory of the area 3 education agency in which the principal place of business of 4 a school district that is a part of the area education agency 5 is located to the director of the department of education for 6 approval not later than March 1 of each year . The notice shall 7 specify the date, which shall be not later than March 1 of 8 each year, the time, and the location of the public hearing. 9 The proposed budget as approved by the board director of the 10 department of education shall then be submitted to the state 11 board of education, on forms provided by the department, 12 no later than March 15 preceding the next fiscal year for 13 approval. The state board shall review the proposed budget of 14 each area education agency and shall before May 1, either grant 15 approval or return the budget without approval with comments 16 of the state board included. An unapproved budget shall be 17 resubmitted to the state board for final approval not later 18 than May 15. The state board shall give final approval only to 19 budgets submitted by area education agencies accredited by the 20 state board or that have been given conditional accreditation 21 by the state board. 22 Sec. 5. Section 273.10, subsection 6, Code 2024, is amended 23 to read as follows: 24 6. a. If the deficiencies in an area education program have 25 not been corrected, the agency board director of the department 26 of education shall take one of the following actions within 27 sixty days from removal of accreditation: 28 (1) Merge the deficient program with a program from another 29 accredited area education agency. 30 (2) Contract with another area education agency or other 31 public educational institution for purposes of program 32 delivery. 33 b. The rules developed by the state board of education for 34 the accreditation process shall include provisions for removal 35 -4- LSB 6302YC (6) 90 jda/jh 4/ 24
H.F. _____ of accreditation, including provisions for proper notice to the 1 administrator of the area education agency, each member of the 2 board of directors of the area education agency, the department 3 of education, and the superintendents and administrators of the 4 schools of the districts served by the area education agency. 5 Sec. 6. Section 273.11, Code 2024, is amended to read as 6 follows: 7 273.11 Standards for accrediting area education programs. 8 1. The state board of education , in consultation with the 9 department of education, shall develop standards and rules 10 for the accreditation of area education agencies. Standards 11 shall be general in nature, but at a minimum shall identify 12 requirements addressing the services provided by each division, 13 as well as identifying indicators of quality that will permit 14 area education agencies, school districts, the division of 15 special education of the department of education, and the 16 general public to judge accurately the effectiveness of area 17 education agency services. 18 2. Standards developed shall include, but are not limited 19 to, the following: 20 a. Support for school-community planning, including a means 21 of assessing needs, developing collaborative relationships 22 among community agencies, establishing shared direction , and 23 implementing program plans and reporting progress toward goals 24 for students with disabilities . 25 b. Professional Evidence-based professional development 26 programs that respond to current needs. 27 c. Support for curriculum development, instruction, and 28 assessment for services that address the areas of reading, 29 language arts, math , and science, using research-based 30 methodologies , for students with disabilities . 31 d. Special education compliance and support. 32 e. Management services, including financial reporting and 33 purchasing as requested and funded by local districts. 34 f. Support for instructional media services that supplement 35 -5- LSB 6302YC (6) 90 jda/jh 5/ 24
H.F. _____ and support local district media centers and services. 1 g. Support for school technology planning and staff 2 development for implementing instructional technologies. 3 h. A program and services evaluation and reporting system 4 related to special education . 5 i. Support for school district libraries in accordance with 6 section 273.2, subsection 4 . 7 j. Support for early childhood service coordination for 8 families and children , age birth through three years, to 9 meet health, safety, and learning needs , including service 10 coordination . 11 k. Support for schools and school districts in analyzing 12 student achievement data related to the learning environment, 13 comparing data to the external knowledge base, and using that 14 information to guide schools and school districts in setting 15 goals and implementing actions to improve student learning for 16 students with disabilities. 17 l. Support for addressing the diverse learning needs of 18 all children and youths with disabilities who are eligible for 19 special education, including through services that include 20 direct services to students with disabilities. 21 m. Support for schools and school districts to ensure 22 compliance with rules adopted by the state board of education 23 related to special education. 24 n. Support necessary to implement effective instruction 25 for all students with disabilities through school technology 26 services. 27 o. Support for students using educational programs and 28 services in a manner that is consistent with the educational 29 standards established pursuant to section 256.11. 30 p. Support for staff development and adult learners 31 utilizing evidence-based professional development in a manner 32 that meets the professional needs of staff and adult learners 33 consistent with standards adopted by the state board of 34 education. 35 -6- LSB 6302YC (6) 90 jda/jh 6/ 24
H.F. _____ q. Compliance with all relevant federal and state laws 1 in the provision of services and supports to students with 2 disabilities. 3 Sec. 7. AREA EDUCATION AGENCY TASK FORCE. 4 1. The majority leader of the senate, the minority leader 5 of the senate, the speaker of the house of representatives, 6 and the minority leader of the house of representatives shall 7 convene an area education agency task force that shall study 8 and make recommendations related to all of the following: 9 a. The real property and facilities utilized by each area 10 education agency. 11 b. The media services, educational services, and special 12 education services provided by each area education agency. 13 c. What services area education agencies should provide. 14 d. Current accountability measures applicable to area 15 education agencies. 16 e. The special education services provided by the division 17 of special education of the department of education, area 18 education agencies, and school districts. 19 f. The overall organizational structure that determines how 20 special education services are provided to students in this 21 state. 22 g. How the operation of area education agencies is overseen. 23 h. The accreditation standards related to area education 24 agencies. 25 i. A timeline for modifications to the staffing numbers of 26 area education agencies and the transition of responsibilities 27 related to the oversight of area education agencies. 28 2. The task force shall consist of the following members: 29 a. Not more than three members who are appointed by the 30 majority leader of the senate and who are not members of the 31 general assembly. 32 b. Not more than two members who are appointed by the 33 minority leader of the senate and who are not members of the 34 general assembly. 35 -7- LSB 6302YC (6) 90 jda/jh 7/ 24
H.F. _____ c. Not more than three members who are appointed by the 1 speaker of the house of representatives and who are not members 2 of the general assembly. 3 d. Not more than two members who are appointed by the 4 minority leader of the house of representatives and who are not 5 members of the general assembly. 6 3. Any expenses incurred by a member of the task force 7 shall be the responsibility of the individual member or the 8 respective entity represented by the member. 9 4. The task force shall submit its findings and 10 recommendations to the general assembly on or before December 11 31, 2024. 12 Sec. 8. EFFECTIVE DATE. The following take effect July 1, 13 2025: 14 1. The portion of the section of this division of this Act 15 amending section 273.2, subsection 1. 16 2. The portion of the section of this division of this Act 17 amending section 273.3, subsection 1. 18 Sec. 9. APPLICABILITY. The following applies to employment 19 agreements entered into or renewed between an area education 20 agency and an area education agency administrator on or after 21 July 1, 2024: 22 The portion of the section of this division of this Act 23 amending section 273.3, subsection 11. 24 DIVISION III 25 AREA EDUCATION AGENCIES FUNDING 26 Sec. 10. Section 257.1, subsection 3, Code 2024, is amended 27 to read as follows: 28 3. Computations rounded. In making computations and 29 payments under this chapter , except in the case of computations 30 relating to funding of special education support services, 31 media services, and educational services provided through the 32 area education agencies under section 257.37 , and the teacher 33 salary supplement, the professional development supplement, 34 the early intervention supplement, and the teacher leadership 35 -8- LSB 6302YC (6) 90 jda/jh 8/ 24
H.F. _____ supplement, the department of management shall round amounts to 1 the nearest whole dollar. 2 Sec. 11. Section 257.10, subsection 7, Code 2024, is amended 3 to read as follows: 4 7. Special education support services district cost. Special 5 education support services district cost for a school district 6 for a budget year is equal to the special education support 7 services district cost per pupil for the budget year multiplied 8 by the special education support services weighted enrollment 9 for the district for the budget year. If the special education 10 support services district cost for a school district for 11 a budget year is less than the special education support 12 services district cost for that district for the base year, the 13 department of management shall adjust the special education 14 support services district cost for that district for the budget 15 year to equal the special education support services district 16 cost for the base year. Funds calculated under this subsection 17 and received by a school district shall be used by the school 18 district for special education support services contracted from 19 an area education agency. 20 Sec. 12. Section 257.10, subsection 8, paragraph a, Code 21 2024, is amended to read as follows: 22 a. Combined district cost is the sum of the regular program 23 district cost per pupil multiplied by the weighted enrollment, 24 the special education support services district cost, the 25 total teacher salary supplement district cost, the total 26 professional development supplement district cost, the total 27 early intervention supplement district cost, and the total 28 teacher leadership supplement district cost, plus the sum of 29 the additional district cost allocated to the district to fund 30 media services and educational services provided through the 31 area education agency under section 257.37 , the area education 32 agency total teacher salary supplement district cost and the 33 area education agency total professional development supplement 34 district cost. 35 -9- LSB 6302YC (6) 90 jda/jh 9/ 24
H.F. _____ Sec. 13. Section 257.35, subsection 1, Code 2024, is amended 1 to read as follows: 2 1. a. (1) The For fiscal years beginning before July 1, 3 2025, the department of management shall deduct the amounts 4 calculated for special education support services, media 5 services, area education agency teacher salary supplement 6 district cost, area education agency professional development 7 supplement district cost, and educational services for each 8 school district from the state aid due to the district pursuant 9 to this chapter and shall pay the amounts to the respective 10 area education agencies on a monthly basis from September 15 11 through June 15 during each school year. 12 (2) (a) For the fiscal year beginning July 1, 2025, and 13 each fiscal year thereafter, the department of management shall 14 deduct the area education agency teacher salary supplement 15 district cost from the state aid due to each school district 16 pursuant to this chapter and shall pay the amounts to the 17 respective area education agencies on a monthly basis from 18 September 15 through June 15 during each school year. 19 (b) For the fiscal year beginning July 1, 2025, and each 20 fiscal year thereafter, the department of management shall 21 deduct the area education agency professional development 22 supplement district cost from the state aid due to each school 23 district pursuant to this chapter and shall pay the amounts 24 to the department of education to be used for evidence-based 25 professional development purposes. 26 b. The department of management shall notify each school 27 district of the amount of state aid deducted for these purposes 28 and the balance of state aid shall be paid to the district. If 29 a district does not qualify for state aid under this chapter 30 in an amount sufficient to cover its amount due to the area 31 education agency or the department of education as calculated 32 by the department of management, the school district shall pay 33 the deficiency to the area education agency or department of 34 education, as applicable, from other moneys received by the 35 -10- LSB 6302YC (6) 90 jda/jh 10/ 24
H.F. _____ district, on a quarterly basis during each school year. 1 Sec. 14. Section 257.36, subsection 1, Code 2024, is amended 2 to read as follows: 3 1. Notwithstanding chapters 256B and 273 and sections 4 of this chapter relating to the moneys available to school 5 districts and area education agencies for special education 6 support services, for each school year, the department of 7 education may direct the department of management to deduct 8 amounts from the portions of school district budgets that 9 fund special education support services in an area education 10 agency. The total amount deducted in an area for a school 11 district shall be based upon excess special education support 12 services unreserved and undesignated fund balances in that 13 school district or paid by the school district to an area 14 education agency for a school year that remain unreserved and 15 undesignated as determined by the department of education. The 16 department of management shall determine the amount deducted 17 from each school district in an area education agency on 18 a proportional basis. The department of management shall 19 determine from the amounts deducted from the portions of school 20 district budgets that fund area education agency special 21 education support services the amount that would have been 22 local property taxes and the amount that would have been state 23 aid and for the next following budget year shall increase the 24 districts total state school aid available under this chapter 25 for area education agency special education support services 26 and reduce the districts property tax levy for area education 27 agency special education support services by the amount 28 necessary for the property tax portion of the deductions made 29 under this section during the budget year. 30 Sec. 15. Section 257.37, Code 2024, is amended to read as 31 follows: 32 257.37 Funding media and educational services. 33 Media services and educational services provided by a school 34 district or through the area education agencies agency shall be 35 -11- LSB 6302YC (6) 90 jda/jh 11/ 24
H.F. _____ funded, to the extent provided, by an addition to the combined 1 district cost of each school district, determined as follows: 2 1. For the budget year beginning July 1, 1991, and 3 succeeding budget years, the total amount funded in each area 4 for media services shall be computed as provided in this 5 subsection . For the budget year beginning July 1, 1991, the 6 total amount funded in each area for media services in the base 7 year shall be divided by the enrollment served in the base year 8 to provide an area media services cost per pupil in the base 9 year, and the department of management shall compute the state 10 media services cost per pupil in the base year which is equal 11 to the average of the area media services costs per pupil in 12 the base year. For the budget year beginning July 1, 1991, and 13 succeeding budget years, the department of management shall 14 compute the supplemental state aid for media services in the 15 budget year by multiplying the state media services cost per 16 pupil in the base year times the state percent of growth for 17 the budget year, and the total amount funded in each area for 18 media services cost in the budget year equals the area media 19 services cost per pupil in the base year plus the supplemental 20 state aid for media services in the budget year times the 21 enrollment served in the budget year. Funds For fiscal years 22 beginning before July 1, 2025, funds shall be paid to area 23 education agencies as provided in section 257.35 . For fiscal 24 years beginning on or after July 1, 2025, funds may be used by 25 the school district for media services provided by the district 26 or by contract through an area education agency. A school 27 district may use unreserved fund balances for media services 28 for special education support services. 29 2. Up to thirty percent of the budget of an area for media 30 services may be expended for media resource material including 31 the purchase or replacement of material required in section 32 273.6, subsection 1 . Funds shall be paid to area education 33 agencies as provided in section 257.35 . 34 3. 2. For the budget year beginning July 1, 1991, and 35 -12- LSB 6302YC (6) 90 jda/jh 12/ 24
H.F. _____ succeeding budget years, the total amount funded in each area 1 for educational services shall be computed as provided in this 2 subsection . For the budget year beginning July 1, 1991, the 3 total amount funded in each area for educational services 4 in the base year shall be divided by the enrollment served 5 in the area in the base year to provide an area educational 6 services cost per pupil in the base year, and the department of 7 management shall compute the state educational services cost 8 per pupil in the base year, which is equal to the average of 9 the area educational services costs per pupil in the base year. 10 For the budget year beginning July 1, 1991, and succeeding 11 budget years, the department of management shall compute the 12 supplemental state aid for educational services by multiplying 13 the state educational services cost per pupil in the base year 14 times the state percent of growth for the budget year, and the 15 total amount funded in each area for educational services for 16 the budget year equals the area educational services cost per 17 pupil for the base year plus the supplemental state aid for 18 educational services in the budget year times the enrollment 19 served in the area in the budget year. Funds For fiscal years 20 beginning before July 1, 2025, funds shall be paid to area 21 education agencies as provided in section 257.35 . For the 22 fiscal year beginning July 1, 2025, funds shall be used by the 23 school district for educational services contracted from an 24 area education agency. For fiscal years beginning on or after 25 July 1, 2026, funds may be used by the school district for 26 educational services provided by the district or by contract 27 through an area education agency. A school district may use 28 unreserved fund balances for educational services for special 29 education support services. 30 4. 3. Enrollment served means the basic enrollment of all 31 school districts within the boundaries of the area education 32 agency plus the number of nonpublic school pupils served by 33 the area education agency with media services or educational 34 services, as applicable, except that if a nonpublic school 35 -13- LSB 6302YC (6) 90 jda/jh 13/ 24
H.F. _____ pupil or a pupil attending another district under a whole grade 1 sharing agreement or open enrollment receives services through 2 an area other than the area of the pupils residence, the 3 pupil shall be deemed to be served by the area of the pupils 4 residence, which shall by contractual arrangement reimburse 5 the area through which the pupil actually receives services. 6 Each school district shall include in the enrollment report 7 submitted pursuant to section 257.6, subsection 1 , the number 8 of nonpublic school pupils within each school district for 9 media and educational services served by the area. However, 10 the school district shall not include in the enrollment report 11 nonpublic school pupils receiving classes or services funded 12 entirely by federal grants or allocations. 13 5. 4. a. If For fiscal years beginning before July 1, 14 2025, if an area education agency does not serve nonpublic 15 school pupils in a manner comparable to services provided 16 public school pupils for media and educational services, as 17 determined by the state board of education, the state board 18 shall instruct the department of management to reduce the funds 19 for media services and educational services within the area one 20 time by an amount to compensate for such reduced services. The 21 media services budget shall be reduced by an amount equal to 22 the product of the cost per pupil in basic enrollment for the 23 budget year for media services times the difference between 24 the enrollment served and the basic enrollment recorded for 25 the area. The educational services budget shall be reduced by 26 an amount equal to the product of the cost per pupil in basic 27 enrollment for the budget year for educational services times 28 the difference between the enrollment served and the basic 29 enrollment recorded for the area. 30 b. This subsection applies only to media and educational 31 services which cannot be diverted for religious purposes. 32 c. Notwithstanding this subsection , an area education agency 33 shall distribute to nonpublic schools media materials purchased 34 wholly or partially with federal funds in a manner comparable 35 -14- LSB 6302YC (6) 90 jda/jh 14/ 24
H.F. _____ to the distribution of such media materials to public schools 1 as determined by the director of the department of education. 2 6. 5. For the budget year beginning July 1, 2002, and each 3 succeeding budget year, notwithstanding the requirements of 4 this section for determining the budgets and funding of media 5 services and education services, an area education agency or 6 school district may , within the limits of the total of the 7 funds provided for the budget years pursuant to section 257.35 , 8 expend for special education support services an amount that 9 exceeds the payment for special education support services 10 pursuant to section 257.35 in order to maintain the level 11 of required special education support services in the area 12 education agency or the school district, as applicable . 13 Sec. 16. Section 257.37A, subsection 2, paragraph d, Code 14 2024, is amended to read as follows: 15 d. The For budget years beginning before July 1, 2025, 16 the use of the funds calculated under this subsection shall 17 comply with requirements of chapter 284 . For budget years 18 beginning on or after July 1, 2025, the funds calculated under 19 this subsection shall be paid to the department of education 20 as provided in section 257.35. 21 Sec. 17. Section 284.4, subsection 1, paragraph b, 22 subparagraph (3), Code 2024, is amended to read as follows: 23 (3) Determine, following the adoption of the Iowa 24 professional development model by the state board of education, 25 the use and distribution of the professional development 26 funds calculated and paid to the school district or agency as 27 provided in section 257.9, subsection 10 , or section 257.10, 28 subsection 10 , based upon school district or agency , attendance 29 center, and individual teacher and professional development 30 plans. 31 Sec. 18. Section 284.6, subsections 8 and 9, Code 2024, are 32 amended to read as follows: 33 8. For each year in which a school district receives funds 34 calculated and paid to school districts for professional 35 -15- LSB 6302YC (6) 90 jda/jh 15/ 24
H.F. _____ development pursuant to section 257.10, subsection 10 , or 1 section 257.37A, subsection 2 , the school district shall create 2 quality professional development opportunities. Not less than 3 thirty-six hours in the school calendar, held outside of the 4 minimum school day, shall be set aside during nonpreparation 5 time or designated professional development time to allow 6 practitioners to collaborate with each other to deliver 7 educational programs and assess student learning, or to engage 8 in peer review pursuant to section 284.8, subsection 1 . The 9 funds may be used to implement the professional development 10 provisions of the teacher career paths and leadership roles 11 specified in section 284.15 , including but not limited to 12 providing professional development to teachers, including 13 additional salaries for time beyond the normal negotiated 14 agreement; activities and pay to support a beginning teacher 15 mentoring and induction program that meets the requirements 16 of section 284.5 ; pay for substitute teachers, professional 17 development materials, speakers, and professional development 18 content; textbooks and curriculum materials used for classroom 19 purposes if such textbooks and curriculum materials include 20 professional development; administering assessments pursuant to 21 section 256.7, subsection 21 , paragraph b , subparagraphs (1) 22 and (2), if such assessments include professional development; 23 and costs associated with implementing the individual 24 professional development plans. The use of the funds shall 25 be balanced between school district, attendance center, 26 and individual professional development plans, making every 27 reasonable effort to provide equal access to all teachers. 28 9. Moneys received pursuant to section 257.10, subsection 29 10 , or section 257.37A, subsection 2 , shall be maintained 30 as a separate listing within a school districts or area 31 education agencys budget for funds received and expenditures 32 made pursuant to this subsection . The department shall not 33 require a school district or area education agency to allocate 34 a specific amount or percentage of moneys received pursuant to 35 -16- LSB 6302YC (6) 90 jda/jh 16/ 24
H.F. _____ section 257.10, subsection 10 , or section 257.37A, subsection 1 2 , for professional development related to implementation of 2 the core curriculum under section 256.7, subsection 26 . A 3 school district shall certify to the department how the school 4 district allocated the funds and that moneys received under 5 this subsection were used to supplement, not supplant, the 6 professional development opportunities the school district 7 would otherwise make available. For budget years beginning 8 on or after July 1, 2017, all or a portion of the moneys 9 received pursuant to section 257.10, subsection 10 , that remain 10 unexpended and unobligated at the end of a fiscal year may, 11 pursuant to section 257.10, subsection 10 , paragraph d , be 12 transferred for deposit in the school districts flexibility 13 account established under section 298A.2, subsection 2 . 14 Sec. 19. EFFECTIVE DATE. This division of this Act takes 15 effect January 1, 2025. 16 Sec. 20. APPLICABILITY. This division of this Act applies 17 July 1, 2025, for school budget years beginning on or after 18 that date. 19 DIVISION IV 20 SHARED OPERATIONAL FUNCTIONS 21 Sec. 21. Section 257.11, subsection 5, paragraph a, 22 subparagraph (2), subparagraph division (b), Code 2024, is 23 amended to read as follows: 24 (b) Political subdivision means a city, township, county, 25 school corporation, merged area, area education agency, 26 institution governed by the state board of regents, or any 27 other governmental subdivision except for an area education 28 agency . 29 Sec. 22. Section 257.11, subsection 5, paragraph e, Code 30 2024, is amended to read as follows: 31 e. Supplementary weighting pursuant to this subsection shall 32 be available to an area education agency during the period 33 commencing with the budget year beginning July 1, 2014, through 34 the budget year beginning July 1, 2034 2023 . The minimum 35 -17- LSB 6302YC (6) 90 jda/jh 17/ 24
H.F. _____ amount of additional funding for which an area education 1 agency shall be eligible in a budget year is thirty thousand 2 dollars, and the maximum amount of additional funding for which 3 an area education agency shall be eligible is two hundred 4 thousand dollars. The department of management shall annually 5 set a weighting for each area education agency to generate 6 the approved operational sharing expense using the area 7 education agencys special education cost per pupil amount and 8 foundation level. Criteria for determining the qualification 9 of operational functions for supplementary weighting shall be 10 determined by the department by rule, through consideration of 11 increased student opportunities. 12 Sec. 23. APPLICABILITY. This division of this Act applies 13 July 1, 2024, for school budget years beginning on or after 14 that date. 15 DIVISION V 16 DEPARTMENT OF EDUCATION REQUIREMENTS 17 Sec. 24. Section 256.9, Code 2024, is amended by adding the 18 following new subsections: 19 NEW SUBSECTION . 70. Develop and distribute to school 20 districts and accredited nonpublic schools a process to 21 facilitate the development of individualized education 22 programs and assist individualized education program teams 23 with decisions regarding free appropriate public education 24 and placement for students enrolled in accredited nonpublic 25 schools. 26 NEW SUBSECTION . 71. Provide professional learning and 27 other support materials and tools for individualized education 28 program teams, including students, families, teacher service 29 providers, and administrators of both school districts 30 and accredited nonpublic schools to help such individuals 31 understand the processes required under the federal law that 32 are relevant to students enrolled in accredited nonpublic 33 schools and to promote informed participation in individualized 34 education program meetings of students enrolled in accredited 35 -18- LSB 6302YC (6) 90 jda/jh 18/ 24
H.F. _____ nonpublic schools. 1 NEW SUBSECTION . 72. Provide information to individualized 2 education program teams and public agencies that nonpublic 3 schools may be considered a placement option so long as the 4 individualized education program of a child with a disability 5 does not require some other arrangement. 6 NEW SUBSECTION . 73. Develop and distribute to school 7 districts professional learning and other materials for 8 meaningful consultation for representatives of area education 9 agencies, school districts, and accredited nonpublic schools. 10 NEW SUBSECTION . 74. Establish sustainable accountability 11 and data collection systems related to special education 12 that meet federal and state legal requirements and encourage 13 innovative models for meeting the needs of students. 14 NEW SUBSECTION . 75. Develop and distribute to school 15 districts and accredited nonpublic schools an implementation 16 plan related to identifying, evaluating, and promoting 17 strategies and models for providing special education and 18 related services with accredited nonpublic schools that improve 19 the experiences and outcomes for students with disabilities. 20 DIVISION VI 21 STATE MANDATE 22 Sec. 25. IMPLEMENTATION OF ACT. Section 25B.2, subsection 23 3, shall not apply to this Act. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanations substance by the members of the general assembly. 27 This bill relates to area education agencies, including 28 modifying provisions related to the duties and powers of area 29 education agencies, oversight by the department of education 30 (DE), funding, shared operational functions, and establishing 31 a task force related to area education agency property and 32 operations. 33 DIVISION I DIVISION OF SPECIAL EDUCATION OF THE 34 DEPARTMENT OF EDUCATION. The bill requires the division of 35 -19- LSB 6302YC (6) 90 jda/jh 19/ 24
H.F. _____ special education of DE to, beginning July 1, 2025, oversee 1 the operation of each area education agency to ensure the area 2 education agency complies with all applicable federal and state 3 laws related to special education. 4 The bill provides that, from July 1, 2024, to June 30, 2025, 5 the division of special education shall devote 13 full-time 6 equivalent positions to oversight of the area education 7 agencies and shall devote five full-time equivalent positions 8 within the main office of each area education agency to ensure 9 the area education agency complies with all applicable federal 10 and state laws related to special education and to review the 11 services provided by the area education agency. 12 DIVISION II AREA EDUCATION AGENCIES GENERAL 13 PROVISIONS. The bill provides that, effective July 1, 14 2025, the area education agencies will be under the general 15 supervision of the director of DE, and the boards of directors 16 of the area education agencies will serve in an advisory 17 capacity. 18 Current law requires the area education agency boards of 19 directors to determine the policies of the area education 20 agency for providing programs and services. The bill provides 21 that, beginning July 1, 2025, the area education agency boards 22 of directors are required to advise and consult with the area 23 education agency on policies and procedures for providing 24 programs and services. 25 Current law requires area education agencies to furnish 26 educational services and programs, including special education 27 services and programs, to the pupils enrolled in public or 28 nonpublic schools located within the area education agencys 29 boundaries. The bill modifies this provision to provide that 30 area education agencies shall furnish such educational services 31 and programs to pupils enrolled in public or nonpublic schools, 32 regardless of location within this state, that request to 33 receive such services. 34 The bill authorizes area education agencies to furnish 35 -20- LSB 6302YC (6) 90 jda/jh 20/ 24
H.F. _____ evidence-based professional development services to public or 1 nonpublic schools located within their boundaries. 2 The bill requires an administrator employed by an area 3 education agency to, beginning July 1, 2025, possess either 4 a teaching license with a special education endorsement or a 5 special education support personnel authorization. 6 Current law requires the board of directors of an area 7 education agency to establish the administrators salary 8 based upon the previous experience and education of the 9 administrator. The bill provides that the salary for an area 10 education agency administrator shall not exceed the average 11 salary of all superintendents of the school districts that are 12 located within the boundaries of the area education agency. 13 The bill provides that this provision applies to employment 14 agreements entered into or renewed between an area education 15 agency and an area education agency administrator on or after 16 July 1, 2024. 17 Current law requires the board of directors of an area 18 education agency to conduct a public hearing related to 19 the area education agencys proposed annual budget. The 20 bill strikes this provision and, instead, requires the area 21 education agency to submit the proposed annual budget to the 22 director of DE for approval not later than March 1 of each 23 year. 24 Current law provides that, if during the accreditation 25 process deficiencies in an area education agency program 26 have not been corrected, the board of directors of the area 27 education agency is required to either merge the deficient 28 program with a program from another accredited area education 29 agency or contract with another area education agency or 30 other public educational institution for purposes of program 31 delivery. The bill modifies this provision to, instead, 32 require the director of DE to take one of these steps. The 33 bill requires DE to be notified if the accreditation of an area 34 education agency is removed. 35 -21- LSB 6302YC (6) 90 jda/jh 21/ 24
H.F. _____ The bill modifies the standards that are used for the 1 accreditation of area education agencies to include several 2 new standards, including but not limited to support for 3 schools and school districts to ensure compliance with rules 4 adopted by the state board of education related to special 5 education, support necessary to implement effective instruction 6 for all students with disabilities through school technology 7 services, support for students using educational programs and 8 services in a manner that is consistent with the educational 9 standards, and support for staff development and adult learners 10 utilizing professional development in a manner that meets the 11 professional needs of staff and adult learners consistent with 12 standards adopted by the state board of education. 13 The bill requires the majority leader of the senate, the 14 minority leader of the senate, the speaker of the house of 15 representatives, and the minority leader of the house of 16 representatives to convene an area education agency task force. 17 The bill establishes what the task force is to study and make 18 recommendations related to. The bill requires the task force 19 to submit its findings and recommendations to the general 20 assembly on or before December 31, 2024. 21 DIVISION III AREA EDUCATION AGENCIES FUNDING. The 22 bill modifies funding methodologies for area education agencies 23 and certain educational services provided by area education 24 agencies under current law. 25 Code section 257.35 generally requires the department 26 of management to deduct the amounts calculated for special 27 education support services, media services, area education 28 agency teacher salary supplement district cost, area education 29 agency professional development supplement district cost, 30 and educational services for each school district from the 31 state aid due to the district pursuant to Code chapter 257 32 and, instead, pay the amounts to the respective area education 33 agencies on a monthly basis. Beginning with the fiscal year 34 beginning July 1, 2025, the bill eliminates the required 35 -22- LSB 6302YC (6) 90 jda/jh 22/ 24
H.F. _____ payment transfer to the area education agencies, except for the 1 amount of the area education agency teacher salary supplement 2 and also directs the department of management to pay the 3 amount of the area education agency professional development 4 supplement to DE to be used for professional development 5 opportunities as required by the bill. Consequently, the 6 amounts that were formerly paid to the area education agency 7 will remain part of the state aid paid to school districts. 8 The bill allows districts to use unreserved fund balances for 9 media services or educational services for special education 10 support services. 11 The bill makes corresponding changes to other provisions 12 governing funding reductions for unreserved and undesignated 13 fund balances and the purposes for which such funding 14 supplements may be used by school districts. 15 This division of the bill takes effect January 1, 2025, and 16 applies July 1, 2025, for school budget years beginning on or 17 after that date. 18 DIVISION IV SHARED OPERATIONAL FUNCTIONS. Current 19 law allows school districts to share operational functions 20 with several types of political subdivisions, including area 21 education agencies, in order to provide additional funding to 22 increase student opportunities and redirect more resources 23 to student programming for such school districts. The bill 24 provides that area education agencies are no longer considered 25 political subdivisions for purposes of shared operational 26 functions. 27 Current law provides that supplementary weighting under 28 Code section 257.11(5) (shared operational functions) shall 29 be available to an area education agency through the budget 30 year beginning July 1, 2034. The minimum amount of additional 31 funding for which an area education agency shall be eligible in 32 a budget year pursuant to this provision is $30,000, and the 33 maximum amount is $200,000. The bill modifies this provision 34 to provide that such supplementary weighting shall not be 35 -23- LSB 6302YC (6) 90 jda/jh 23/ 24
H.F. _____ available to an area education agency after the budget year 1 beginning July 1, 2023. 2 The bill provides that the division applies July 1, 2024, for 3 school budget years beginning on or after that date. 4 DIVISION V DEPARTMENT OF EDUCATION REQUIREMENTS. The 5 bill requires the director of DE to develop and distribute to 6 school districts and accredited nonpublic schools a process 7 to facilitate the development of individualized education 8 programs, certain professional learning materials, and an 9 implementation plan related to identifying, evaluating, and 10 promoting strategies and models for providing special education 11 and related services with accredited nonpublic schools, provide 12 professional learning and other support materials and tools 13 for individualized education program teams, and establish 14 sustainable accountability and data collection systems related 15 to special education. 16 DIVISION VI STATE MANDATE. The bill may include a state 17 mandate as defined in Code section 25B.3. The bill makes 18 inapplicable Code section 25B.2(3), which would relieve a 19 political subdivision from complying with a state mandate if 20 funding for the cost of the state mandate is not provided or 21 specified. Therefore, political subdivisions are required to 22 comply with any state mandate included in the bill. 23 -24- LSB 6302YC (6) 90 jda/jh 24/ 24