Senate Study Bill 3073 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BILL) A BILL FOR An Act relating to education, including modifying provisions 1 related to the number of area education agencies in this 2 state, the duties and powers of area education agencies, 3 area education agency boards of directors, the department 4 of administrative services, the director of the department 5 of education, the division of special education within the 6 department of education, the services provided by area 7 education agencies, area education agency funding, the 8 calculation of the teacher salary supplement district cost 9 per pupil, and minimum teacher salaries, and including 10 transition, effective date, and applicability provisions. 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 12 TLSB 5189XL (14) 90 jda/jh
S.F. _____ H.F. _____ DIVISION I 1 AREA EDUCATION AGENCIES GENERAL PROVISIONS 2 Section 1. Section 273.1, Code 2024, is amended to read as 3 follows: 4 273.1 Intent. 5 It is the intent of the general assembly to provide an 6 effective, efficient, and economical means of identifying and 7 serving children from under five years of age through grade 8 twelve who require special education and any other children 9 requiring special education as defined in section 256B.2 ; to 10 provide for media services and other programs and services 11 for pupils in grades kindergarten through twelve and children 12 requiring special education as defined in section 256B.2 ; to 13 provide a method of financing the programs and services; and 14 to avoid a duplication of programs and services provided by 15 any other school corporation in the state; and to provide 16 services to school districts under a contract with those school 17 districts ; to improve student achievement; and to close student 18 achievement gaps . 19 Sec. 2. Section 273.2, Code 2024, is amended to read as 20 follows: 21 273.2 Area education agencies established powers 22 services and programs. 23 1. There are established throughout the state fifteen not 24 more than nine area education agencies, as determined by the 25 director of the department of education, each of which is 26 governed by an area education agency board of directors under 27 the general supervision of the director, except as otherwise 28 provided in this chapter . Each area education agency shall 29 have an area education agency board of directors that shall 30 serve in an advisory capacity. The boundaries of an area 31 education agency shall not divide a school district. The 32 director of the department of education shall change boundaries 33 of area education agencies to take into account mergers of 34 local school districts and changes in boundaries of local 35 -1- LSB 5189XL (14) 90 jda/jh 1/ 123
S.F. _____ H.F. _____ school districts, when necessary to maintain the policy of this 1 chapter that a local school district shall not be a part of 2 more than one area education agency. 3 2. An area education agency established under this chapter 4 is a body politic as a school corporation for the purpose of 5 exercising powers granted under this chapter , and may sue and 6 be sued. An area education agency may shall not hold real 7 property and execute purchase agreements within two years of a 8 disaster as defined in section 29C.2, subsection 4 , and shall 9 not enter into lease-purchase agreements pursuant to section 10 273.3, subsection 7 , and if the lease-purchase agreement 11 exceeds ten years or the purchase price of the property to be 12 acquired pursuant to a purchase or lease-purchase agreement 13 exceeds the amount stated in section 26.3, subsection 1 , the 14 area education agency shall conduct a public hearing on the 15 proposed purchase or lease-purchase agreement and receive 16 approval from the area education agency board of directors and 17 the state board of education or its designee before entering 18 into the agreement . The department of administrative services 19 is responsible for providing real property and facilities to 20 the area education agencies, as determined in consultation 21 with the director of the department of education, pursuant to 22 a management fee agreement. The area education agencies are 23 responsible for the general maintenance and the grounds of the 24 real property and facilities provided by the department of 25 administrative services. 26 3. The area education agency board agencies shall furnish 27 educational services and programs as provided in section 273.1 , 28 this section , sections 273.3 through 273.8 , and chapter 256B 29 to the pupils enrolled in public or nonpublic schools located 30 within its boundaries which are on the list of accredited 31 schools pursuant to section 256.11 . The programs and services 32 provided shall be at least commensurate with programs and 33 services existing on July 1, 1974. The programs and services 34 provided to pupils enrolled in nonpublic schools shall be 35 -2- LSB 5189XL (14) 90 jda/jh 2/ 123
S.F. _____ H.F. _____ comparable to programs and services provided to pupils enrolled 1 in public schools within constitutional guidelines. 2 4. The area education agency board agencies shall provide 3 for special education services and media services for the 4 local school districts in the area and shall encourage and 5 assist school districts in the area to establish programs for 6 gifted and talented children that request to receive such 7 services, including by entering into agreements with the area 8 education agency . The board shall assist in facilitating 9 interlibrary loans of materials between school districts and 10 other libraries. 11 5. The area education agency board agencies may provide for 12 the following programs and services to local school districts, 13 and at the request of local school districts to providers of 14 child development services who have received grants under 15 chapter 256A from the child development coordinating council, 16 within the limits of funds available: 17 a. In-service training programs for employees of school 18 districts and area education agencies, provided at the time 19 programs and services are established they do not duplicate 20 programs and services available in that area from the 21 universities under the state board of regents and from other 22 universities and four-year institutions of higher education in 23 Iowa. The in-service training programs shall include but are 24 not limited to regular training concerning mental or emotional 25 disorders which may afflict affect children and the impact 26 children with such disorders have upon their families. 27 b. Educational data processing pursuant to section 256.9, 28 subsection 11 . 29 c. Research, demonstration projects and models, and 30 educational planning for children under five years of age 31 through grade twelve and children requiring special education 32 as defined in section 256B.2 as approved by the state board of 33 education. 34 d. Auxiliary services for nonpublic school pupils as 35 -3- LSB 5189XL (14) 90 jda/jh 3/ 123
S.F. _____ H.F. _____ provided in section 256.12 . However, if auxiliary services are 1 provided their funding shall be based on the type of service 2 provided. 3 e. Other educational programs and services for children 4 under five years through grade twelve and children requiring 5 special education as defined in section 256B.2 and for 6 employees of school districts and area education agencies as 7 approved by the state board of education . 8 6. The board of directors of an area education agency shall 9 not establish programs and services which duplicate programs 10 and services which are or may be provided by the community 11 colleges under the provisions of chapter 260C . An area 12 education agency shall contract, whenever practicable, with 13 other school corporations for the use of personnel, buildings, 14 facilities, supplies, equipment, programs, and services. 15 7. The board of an Subject to the approval of the director 16 of the department of education, an area education agency or 17 a consortium of two or more area education agencies shall 18 contract with one or more licensed dietitians for the support 19 of nutritional provisions in individual education plans 20 developed in accordance with chapter 256B and to provide 21 information to support school nutrition coordinators. 22 8. The area education agency board shall collaborate 23 with the department of education to provide a statewide 24 infrastructure for educational data to create cost 25 efficiencies, provide storage and disaster mitigation, and 26 improve interconnectivity between schools and school districts. 27 In addition, the area education agency boards shall work 28 with the department to provide systemwide coordination in 29 the implementation of the statewide longitudinal data system 30 consistent with the federal American Recovery and Reinvestment 31 Act of 2009 . The area education agencies shall provide support 32 to school districts information technology infrastructure 33 that is consistent with the statewide infrastructure for the 34 educational data collaborative. 35 -4- LSB 5189XL (14) 90 jda/jh 4/ 123
S.F. _____ H.F. _____ 9. The area education agency boards shall jointly develop a 1 three-year statewide strategic plan that supports goals adopted 2 by the state board of education pursuant to section 256.7, 3 subsection 4 , and the accreditation standards established 4 pursuant to section 256.11 ; establish performance goals; and 5 clearly identify the statewide efforts to improve student 6 learning and create efficiencies in management operations for 7 area education agencies and school districts. The statewide 8 strategic plan shall be approved by the state board of 9 education. The area education agency boards shall jointly 10 provide the state board with annual updates on the performance 11 measures. 12 10. 8. The Subject to the approval of the director 13 of the department of education, an area education agency 14 board is encouraged to may employ a child welfare liaison to 15 provide services and guidance to local school districts to 16 facilitate the efficient and effective transfer and enrollment 17 of a child adjudicated under chapter 232 or receiving foster 18 care services to another school district, including but not 19 limited to guidance relating to the transfer of credit earned 20 for coursework taken by the student, enrollment transition 21 planning, facilitating information sharing between education 22 and child welfare agencies, and developing systems designed to 23 ameliorate the transition issues faced by a child adjudicated 24 under chapter 232 or receiving foster care services who is 25 transferring to and enrolling in a school district. 26 11. 9. Subject to an appropriation by the general assembly 27 for such purpose, the area education agency board agencies 28 shall, by July 1, 2024, dedicate at least one full-time 29 equivalent position to maintain a dyslexia specialist. The 30 An area education agency board may hire such a specialist 31 or may provide appropriate training to qualify an existing 32 employee as a specialist on dyslexia. The specialist shall 33 provide technical guidance and assistance, including but 34 not limited to professional development, strategies, and 35 -5- LSB 5189XL (14) 90 jda/jh 5/ 123
S.F. _____ H.F. _____ materials to school districts and accredited nonpublic schools 1 relating to identification of and instruction for students with 2 characteristics of dyslexia. The specialist shall be highly 3 trained in dyslexia and have a minimum of three years of field 4 experience in screening, identifying, and treating dyslexia and 5 related disorders. In the absence of an appropriation, each 6 area education agency board is encouraged to employ a highly 7 qualified dyslexia specialist. 8 10. a. An area education agency may establish a plan, in 9 accordance with section 403(b) of the Internal Revenue Code, 10 as defined in section 422.3, for employees, which plan shall 11 consist of one or more investment contracts, on a group or 12 individual basis, acquired from a company, or a salesperson for 13 that company, that is authorized to do business in this state. 14 b. The selection of investment contracts to be included 15 within the plan established by the area education agency shall 16 be made either pursuant to a competitive bidding process 17 conducted by the area education agency, in coordination with 18 employee organizations representing employees eligible to 19 participate in the plan, or pursuant to an agreement with 20 the department of administrative services to make available 21 investment contracts included in a deferred compensation or 22 similar plan established by the department of administrative 23 services pursuant to section 8A.438, which plan meets the 24 requirements of this subsection. The determination of whether 25 to select investment contracts for the plan pursuant to a 26 competitive bidding process or by agreement with the department 27 of administrative services shall be made by agreement between 28 the area education agency and the employee organizations 29 representing employees eligible to participate in the plan. 30 c. The area education agency may make elective deferrals in 31 accordance with the plan as authorized by an eligible employee 32 for the purpose of making contributions to the investment 33 contract on behalf of the employee. The deferrals shall be 34 made in the manner which will qualify contributions to the 35 -6- LSB 5189XL (14) 90 jda/jh 6/ 123
S.F. _____ H.F. _____ investment contract for the benefits under section 403(b) 1 of the Internal Revenue Code, as defined in section 422.3. 2 In addition, the area education agency may make nonelective 3 employer contributions to the plan. 4 d. As used in this subsection, unless the context otherwise 5 requires, investment contract shall mean a custodial account 6 utilizing mutual funds or an annuity contract which meets the 7 requirements of section 403(b) of the Internal Revenue Code, as 8 defined in section 422.3. 9 11. An area education agency may establish and pay all 10 or any part of the cost of group health insurance plans, 11 nonprofit group medical service plans and group life insurance 12 plans adopted by the area education agency for the benefit of 13 employees of the area education agency, from funds available 14 to the board. 15 12. An area education agency may issue school credit 16 cards allowing area education agency employees to pay for the 17 actual and necessary expenses incurred in the performance of 18 work-related duties. 19 13. An area education agency may purchase equipment as 20 provided in section 279.48. 21 14. By January 15 of each year, the area education agencies 22 shall submit to the department of education the area education 23 agencys staffing plans and job classifications, including 24 contracted salary, bonus wages and benefits, annuity payments, 25 or any other benefit, for the employees of the area education 26 agency. The director of the department of education shall 27 review the staffing plans and job classifications submitted by 28 the area education agencies and either approve or reject the 29 continuation of each position by March 1 of each year. The 30 area education agencies shall align all job classifications 31 with the job classifications established by the department of 32 administrative services. The area education agencies shall 33 comply with all applicable requirements of 29 U.S.C. ch. 23 and 34 chapter 84C if a reduction in force occurs. 35 -7- LSB 5189XL (14) 90 jda/jh 7/ 123
S.F. _____ H.F. _____ 15. The area education agencies shall require that, by 1 July 1, 2024, any person employed by the area education agency 2 who holds a license, certificate, statement of recognition, 3 or authorization other than a coaching authorization, issued 4 by the board of educational examiners to complete the Iowa 5 reading research center dyslexia overview module. Such persons 6 employed after July 1, 2024, shall complete the module within 7 one year of the employees initial date of hire. 8 16. The area education agency shall collaborate with the 9 department of education to provide a statewide infrastructure 10 for educational data to create cost efficiencies, provide 11 storage and disaster mitigation, and improve interconnectivity 12 between schools and school districts. In addition, the area 13 education agency shall work with the department to provide 14 systemwide coordination in the implementation of the statewide 15 longitudinal data system consistent with the federal American 16 Recovery and Reinvestment Act of 2009. 17 Sec. 3. Section 273.3, Code 2024, is amended to read as 18 follows: 19 273.3 Duties and powers of area education agency board 20 additional powers of area education agencies . 21 The board in carrying out the provisions of section 273.2 22 shall do all of the following : 23 1. Determine the policies of Advise and consult with the 24 area education agency on policies and procedures for providing 25 programs and services. 26 2. Be authorized to receive and expend money for providing 27 programs and services as provided in sections 273.1 , 273.2 , 28 this section , sections 273.4 through 273.8 , and chapters 256B 29 and 257 . All costs incurred in providing the programs and 30 services, including administrative costs, shall be paid from 31 funds received pursuant to sections 273.1 , 273.2 , this section , 32 sections 273.4 through 273.8 , and chapters 256B and 257 . 33 3. 2. Provide data and prepare reports as directed by 34 the director of the department of education or the executive 35 -8- LSB 5189XL (14) 90 jda/jh 8/ 123
S.F. _____ H.F. _____ director of the area education agency . 1 4. Provide for advisory committees as deemed necessary. 2 5. 3. Be authorized, subject to rules of the state board of 3 education, to provide directly or by contractual arrangement 4 with public or private agencies for special education programs 5 and services , media services, and educational programs and 6 services requested by the local boards of education as provided 7 in this chapter , including but not limited to contracts for 8 the area education agency to provide programs or services to 9 the local school districts and contracts for local school 10 districts, other educational agencies, and public and private 11 agencies to provide programs and services to the local school 12 districts in the area education agency in lieu of the area 13 education agency providing the services . Contracts may be made 14 with public or private agencies located outside the state if 15 the programs and services comply with the rules of the state 16 board. Rules adopted by the state board of education shall 17 be consistent with rules, adopted by the board of educational 18 examiners, relating to licensing of practitioners. 19 6. 4. Area education agencies may Be authorized to 20 cooperate and contract between themselves and with other 21 public agencies to provide special education programs and 22 services , media services, and educational services to schools 23 and children residing within their respective areas. Area 24 education agencies may provide print and nonprint materials to 25 public and private colleges and universities that have teacher 26 education programs approved by the state board of education. 27 7. Be authorized to lease, purchase, or lease-purchase, 28 subject to the approval of the state board of education or 29 its designee and to receive by gift and operate and maintain 30 facilities and buildings necessary to provide authorized 31 programs and services. However, a lease for less than ten 32 years and with an annual cost of less than the amount stated in 33 section 26.3, subsection 1 , does not require the approval of 34 the state board. The state board shall not approve a lease, 35 -9- LSB 5189XL (14) 90 jda/jh 9/ 123
S.F. _____ H.F. _____ purchase, or lease-purchase until the state board is satisfied 1 by investigation that public school corporations within the 2 area do not have suitable facilities available. A purchase of 3 property that is not a lease-purchase may be made only within 4 two years of a disaster as defined in section 29C.2, subsection 5 4 , and subject to the requirements of this subsection . 6 8. 5. Be authorized, subject to the approval of the 7 director of the department of education, to enter into 8 agreements for the joint use of personnel, buildings, 9 facilities, supplies, and equipment with school corporations as 10 deemed necessary to provide authorized programs and services. 11 9. 6. Be authorized to make application for, accept, 12 and expend state and federal funds that are available for 13 programs of educational benefit approved by the director of the 14 department of education, and cooperate with the department in 15 the manner provided in federal-state plans or department rules 16 in the effectuation and administration of programs approved by 17 the director, or approved by other educational agencies, which 18 agencies have been approved as state educational authorities. 19 10. 7. Be authorized to perform all other acts necessary to 20 carry out the provisions and intent of this chapter . 21 11. 8. Employ personnel to carry out the functions of the 22 area education agency which shall include the employment of 23 an administrator executive director who shall possess a an 24 administrator license and either a teaching license with a 25 special education endorsement or a special education support 26 personnel authorization, issued under chapter 256, subchapter 27 VII, part 3 by the board of educational examiners . The 28 administrator shall be employed pursuant to section 279.20 29 and sections 279.23 , 279.24 , and 279.25 . The salary for an 30 area education agency administrator executive director shall 31 be established by the board director of the department of 32 education based upon the previous experience and education 33 of the administrator. Section 279.13 applies to the area 34 education agency board and to all teachers employed by the area 35 -10- LSB 5189XL (14) 90 jda/jh 10/ 123
S.F. _____ H.F. _____ education agency. Sections 279.23 , 279.24 , and 279.25 apply to 1 the area education board and to all administrators employed by 2 the area education agency. Section 279.69 applies to the area 3 education agency board and employees of the board, including 4 part-time, substitute, or contract employees, who provide 5 services to a school or school district. 6 12. 9. Prepare an annual budget estimating income and 7 expenditures for programs and services as provided in sections 8 273.1 , 273.2 , this section , sections 273.4 through 273.8 , and 9 chapter 256B within the limits of funds provided under section 10 256B.9 and chapter 257 . The board executive director shall 11 post notice of a public hearing on submit the proposed budget 12 on the area education agencys internet site and by publication 13 in the newspaper of general circulation in the territory of 14 the area education agency in which the principal place of 15 business of a school district that is a part of the area 16 education agency is located to the director of the department 17 of education for approval not later than March 1 of each year . 18 The notice shall specify the date, which shall be not later 19 than March 1 of each year, the time, and the location of the 20 public hearing. The proposed budget as approved by the board 21 director of the department of education shall then be submitted 22 to the state board of education, on forms provided by the 23 department, no later than March 15 preceding the next fiscal 24 year for approval. The state board shall review the proposed 25 budget of each area education agency and shall before May 1, 26 either grant approval or return the budget without approval 27 with comments of the state board included. An unapproved 28 budget shall be resubmitted to the state board for final 29 approval not later than May 15. The state board shall give 30 final approval only to budgets submitted by area education 31 agencies accredited by the state board or that have been given 32 conditional accreditation by the state board. 33 13. 10. Be authorized to pay, out of funds available to the 34 board reasonable annual dues to an Iowa association of school 35 -11- LSB 5189XL (14) 90 jda/jh 11/ 123
S.F. _____ H.F. _____ boards. Membership shall be limited to those duly elected 1 members of the area education agency board. 2 14. a. The board may establish a plan, in accordance with 3 section 403(b) of the Internal Revenue Code, as defined in 4 section 422.3 , for employees, which plan shall consist of one 5 or more investment contracts, on a group or individual basis, 6 acquired from a company, or a salesperson for that company, 7 that is authorized to do business in this state. 8 b. The selection of investment contracts to be included 9 within the plan established by the board shall be made either 10 pursuant to a competitive bidding process conducted by the 11 board, in coordination with employee organizations representing 12 employees eligible to participate in the plan, or pursuant to 13 an agreement with the department of administrative services 14 to make available investment contracts included in a deferred 15 compensation or similar plan established by the department 16 pursuant to section 8A.438 , which plan meets the requirements 17 of this subsection . The determination of whether to select 18 investment contracts for the plan pursuant to a competitive 19 bidding process or by agreement with the department of 20 administrative services shall be made by agreement between the 21 board and the employee organizations representing employees 22 eligible to participate in the plan. 23 c. The board may make elective deferrals in accordance with 24 the plan as authorized by an eligible employee for the purpose 25 of making contributions to the investment contract on behalf of 26 the employee. The deferrals shall be made in the manner which 27 will qualify contributions to the investment contract for the 28 benefits under section 403(b) of the Internal Revenue Code, 29 as defined in section 422.3 . In addition, the board may make 30 nonelective employer contributions to the plan. 31 d. As used in this subsection , unless the context otherwise 32 requires, investment contract shall mean a custodial account 33 utilizing mutual funds or an annuity contract which meets the 34 requirements of section 403(b) of the Internal Revenue Code, as 35 -12- LSB 5189XL (14) 90 jda/jh 12/ 123
S.F. _____ H.F. _____ defined in section 422.3 . 1 15. Be authorized to establish and pay all or any part 2 of the cost of group health insurance plans, nonprofit group 3 medical service plans and group life insurance plans adopted by 4 the board for the benefit of employees of the area education 5 agency, from funds available to the board. 6 16. 11. Meet at least annually with the members of the 7 boards of directors of the merged areas in which the area 8 education agency is located to discuss coordination of programs 9 and services and other matters of mutual interest to the 10 boards. 11 17. Be authorized to issue warrants and anticipatory 12 warrants pursuant to chapter 74 . The applicable rate of 13 interest shall be determined pursuant to sections 74A.2 , 74A.3 , 14 and 74A.7 . This subsection shall not be construed to authorize 15 a board to levy a tax. 16 18. Be authorized to issue school credit cards allowing area 17 education agency employees to pay for the actual and necessary 18 expenses incurred in the performance of work-related duties. 19 19. Pursuant to rules adopted by the state board of 20 education, be authorized to charge user fees for certain 21 materials and services that are not required by law or by rules 22 of the state board of education and are specifically requested 23 by a school district or accredited nonpublic school. 24 20. Be authorized to purchase equipment as provided in 25 section 279.48 . 26 21. Be authorized to sell, lease, or dispose of, in whole 27 or in part, property belonging to the area education agency. 28 Before the area education agency may sell property belonging 29 to the agency, the board of directors shall comply with the 30 requirements set forth in section 297.22 . Before the board 31 of directors of an area education agency may lease property 32 belonging to the agency, the board shall obtain the approval of 33 the director of the department of education. 34 22. 12. Meet annually with the members of the boards of 35 -13- LSB 5189XL (14) 90 jda/jh 13/ 123
S.F. _____ H.F. _____ directors of the school districts located within its boundaries 1 if requested by the school district boards. 2 23. By October 1 of each year, submit to the department of 3 education the following information: 4 a. The contracted salary including bonus wages and benefits, 5 annuity payments, or any other benefit for the administrators 6 of the area education agency. 7 b. The contracted salary and benefits and any other expenses 8 related to support for governmental affairs efforts, including 9 expenditures for lobbyists and lobbying activities for the area 10 education agency. 11 24. Be authorized to sell software and support services, 12 professional development programs and materials, online 13 professional development, and online training to entities 14 other than school districts within the state and to school 15 districts and other public agencies located outside of the 16 state. The board may also sell to school districts within this 17 state software and support services, professional development 18 programs and materials, online professional development, 19 and online training which the area education agency is not 20 otherwise required to provide to a school district under this 21 chapter or chapter 256B or 257 . 22 25. Require, by July 1, 2024, any person employed by 23 the area education agency who holds a license, certificate, 24 statement of recognition, or authorization other than a 25 coaching authorization, issued by the board of educational 26 examiners under chapter 256, subchapter VII, part 3 , to 27 complete the Iowa reading research center dyslexia overview 28 module. Such persons employed after July 1, 2024, shall 29 complete the module within one year of the employees initial 30 date of hire. 31 Sec. 4. Section 273.4, Code 2024, is amended to read as 32 follows: 33 273.4 Duties of administrator executive director . 34 Under direction of the board of directors of the area 35 -14- LSB 5189XL (14) 90 jda/jh 14/ 123
S.F. _____ H.F. _____ education agency, the administrator of the area education 1 agency shall director of the department of education, each 2 area education agency shall employ one executive director. 3 The executive director shall be appointed by and serve at the 4 pleasure of the director of the department of education. The 5 executive director shall be responsible for the administration, 6 financial operations, and management of the area education 7 agency , and in addition to other duties , shall do all of the 8 following : 9 1. Cooperate with boards of directors of local school 10 districts of the area education agency in considering and 11 developing plans for the improvement of the educational 12 programs and services in the area education agency. 13 2. When requested, provide such other assistance as 14 possible to school districts of the area education agency for 15 the general improvement of their educational programs and 16 operations. 17 3. Submit program plans each year to the department of 18 education, for approval by the director of the department , 19 to reflect the needs of the area education agency for media 20 services as provided in section 273.6 . 21 4. When requested, provide information and prepare reports 22 for the director of the department of education. 23 5. With the approval of the director of the department of 24 education, employ such personnel as are necessary to support 25 the administrative, general education, and special education 26 programs and services of the area education agency. 27 6. With the approval of the administrator of the division of 28 special education within the department of education, contract 29 with public schools, nonpublic schools, and area education 30 agencies, located either within this state or in a contiguous 31 state, for special education programs and services. 32 Sec. 5. Section 273.5, Code 2024, is amended to read as 33 follows: 34 273.5 Special Additional duties of the executive director 35 -15- LSB 5189XL (14) 90 jda/jh 15/ 123
S.F. _____ H.F. _____ special education. 1 There shall be established a division of special education 2 of the area education agency which The executive director 3 of each area education agency shall provide for special 4 education programs and services to the local school districts , 5 consistent with state regulations and guidelines related to 6 special education programs and services . The division of 7 special education shall be headed by a director of special 8 education who meets certification standards of the department 9 of education. The director of special education shall have 10 the responsibility for implementation of state regulations and 11 guidelines relating to special education programs and services. 12 The executive director of special education shall have the 13 following additional powers and duties: 14 1. Properly identify children requiring special education. 15 2. Insure that each child requiring special education in 16 the area receives an appropriate special education program or 17 service. 18 3. Assign appropriate weights for each child requiring 19 special education programs or services as provided in section 20 256B.9 . 21 4. Supervise special education support personnel. 22 5. Provide each school district within the area served and 23 the department of education with a special education weighted 24 enrollment count, including the additional enrollment because 25 of special education for December 1 of each year. 26 6. Submit to the department of education special education 27 instructional and support program plans and applications, 28 subject to criteria listed in chapter 256B and this chapter , 29 for approval by February 15 of each year for the school year 30 commencing the following July 1. 31 7. Coordinate the special education program within the area 32 served. 33 Sec. 6. Section 273.7A, Code 2024, is amended to read as 34 follows: 35 -16- LSB 5189XL (14) 90 jda/jh 16/ 123
S.F. _____ H.F. _____ 273.7A Services Special education services to school 1 districts. 2 1. a. The board of an An area education agency may only 3 provide special education services to school districts located 4 in the area education agency under if the school district 5 requests to receive such services and pursuant to a contract 6 with between the school districts district and the area 7 education agency . These services may include, but are not 8 limited to, superintendency services, personnel services, 9 business management services, specialized maintenance services, 10 and transportation services. In addition, the board of the 11 area education agency may provide for furnishing expensive 12 and specialized equipment for school districts. The term 13 of the contract between the school district and the area 14 education agency related to the provision of special education 15 services shall not be less than two years. A school district 16 must provide notice to the area education agency and to the 17 department of education indicating that the school district 18 requests to receive special education services from the area 19 education agency not later than September 30 of the school year 20 preceding the school year such services will be provided. 21 b. School districts shall pay to area education agencies the 22 cost of providing the services. 23 2. The board of an An area education agency may also provide 24 services authorized to be performed by area education agencies 25 the director of the department of education to other area 26 education agencies in this state and to provide a method of 27 payment for these services. 28 Sec. 7. Section 273.8, subsection 2, paragraph a, Code 2024, 29 is amended to read as follows: 30 a. Notice of the election shall be published by the 31 executive director of the area education agency administrator 32 not later than September 15 of the odd-numbered year in at 33 least one newspaper of general circulation in the director 34 district. The cost of publication shall be paid by the area 35 -17- LSB 5189XL (14) 90 jda/jh 17/ 123
S.F. _____ H.F. _____ education agency. 1 Sec. 8. Section 273.8, subsection 3, Code 2024, is amended 2 to read as follows: 3 3. Director district convention. If no candidate files 4 with the area education agency secretary by the deadline 5 specified in subsection 2 , or a vacancy occurs, or if otherwise 6 required as provided in section 273.23, subsection 3 , a 7 director district convention, attended by members of the 8 boards of directors of the local school districts located 9 within the director district, shall be called to elect a 10 board member for that director district. The convention 11 location shall be determined by the executive director of the 12 area education agency administrator . Notice of the time, 13 date, and place of a director district convention shall be 14 published by the executive director of the area education 15 agency administrator in at least one newspaper of general 16 circulation in the director district at least thirty days 17 prior to the day of the convention. The cost of publication 18 shall be paid by the area education agency. A candidate 19 for election to the area education agency board shall file a 20 statement of candidacy with the area education agency secretary 21 at least ten days prior to the date of the director district 22 convention on forms prescribed by the department of education, 23 or nominations may be made at the convention by a delegate from 24 a board of directors of a school district located within the 25 director district. A statement of candidacy shall include the 26 candidates name, address, and school district. Delegates to 27 director district conventions shall not be bound by a school 28 board or any school board member to pledge their votes to any 29 candidate prior to the date of the convention. 30 Sec. 9. Section 273.8, subsections 6, 7, and 8, Code 2024, 31 are amended by striking the subsections. 32 Sec. 10. Section 273.9, Code 2024, is amended to read as 33 follows: 34 273.9 Funding. 35 -18- LSB 5189XL (14) 90 jda/jh 18/ 123
S.F. _____ H.F. _____ 1. School districts shall pay for the programs and services 1 provided through the area education agency when the school 2 district requests to receive the programs or services or 3 otherwise agrees to receive the programs or services and shall 4 include expenditures for the programs and services in their 5 budgets, in accordance with this section . 6 2. School When school districts agree to receive special 7 education instructional programs from an area education 8 agency, school districts shall pay the costs of special 9 education instructional programs with the moneys available to 10 the districts for each child requiring special education, by 11 application of the special education weighting plan in section 12 256B.9 . Special education instructional programs shall be 13 provided at the local level if practicable, or otherwise by 14 contractual arrangements with the area education agency board 15 as provided in section 273.3, subsection 5 3 , but in each case 16 the total money available through section 256B.9 and chapter 17 257 because of weighted enrollment for each child requiring 18 special education instruction shall be made available to 19 the district or agency which provides the special education 20 instructional program to the child, subject to adjustments 21 for transportation or other costs which may be paid by the 22 school district in which the child is enrolled. Each district 23 shall cooperate with its area education agency to provide 24 an appropriate special education instructional program for 25 each child who requires special education instruction, as 26 identified and counted within the certification by the area 27 director of special education or as identified by the area 28 executive director of special education the area education 29 agency subsequent to the certification, and shall not provide 30 a special education instructional program to a child who has 31 not been so identified and counted within the certification or 32 identified subsequent to the certification. 33 3. The costs of special education support services provided 34 through the area education agency shall be funded as provided 35 -19- LSB 5189XL (14) 90 jda/jh 19/ 123
S.F. _____ H.F. _____ in chapter 257 . Special education support services shall not 1 be funded until the program plans submitted by the special 2 education executive directors of each area education agency 3 as required by section 273.5 are modified as necessary and 4 approved by the director of the department of education 5 according to the criteria and limitations of chapters 256B and 6 257 . 7 4. The costs of media services provided through the area 8 education agency shall not be funded until the program plans 9 submitted by the administrators of each area education agency 10 as required by section 273.4 are modified as necessary and 11 approved by the director of the department of education 12 according to the criteria of section 273.6 . 13 5. 4. The state board of education shall adopt rules under 14 chapter 17A relating to the approval of program plans under 15 this section . 16 Sec. 11. Section 273.10, subsection 6, paragraph a, 17 unnumbered paragraph 1, Code 2024, is amended to read as 18 follows: 19 If the deficiencies in an area education program have not 20 been corrected, the agency board director of the department of 21 education shall take one of the following actions within sixty 22 days from removal of accreditation: 23 Sec. 12. Section 273.10, subsection 6, paragraph b, Code 24 2024, is amended to read as follows: 25 b. The rules developed by the state board of education for 26 the accreditation process shall include provisions for removal 27 of accreditation, including provisions for proper notice to the 28 administrator executive director of the area education agency, 29 each member of the board of directors of the area education 30 agency, the department of education, and the superintendents 31 and administrators of the schools of the districts served by 32 the area education agency. 33 Sec. 13. Section 273.11, Code 2024, is amended to read as 34 follows: 35 -20- LSB 5189XL (14) 90 jda/jh 20/ 123
S.F. _____ H.F. _____ 273.11 Standards for accrediting area education programs. 1 1. The state board of education , in consultation with the 2 department of education, shall develop standards and rules 3 for the accreditation of area education agencies. Standards 4 shall be general in nature, but at a minimum shall identify 5 requirements addressing the services provided by each division, 6 as well as identifying indicators of quality that will permit 7 area education agencies, school districts, the department of 8 education, and the general public to judge accurately the 9 effectiveness of area education agency services. 10 2. Standards developed shall include, but are not limited 11 to, the following: 12 a. Support for school-community planning, including a means 13 of assessing needs, developing collaborative relationships 14 among community agencies, establishing shared direction , and 15 implementing program plans and reporting progress toward goals 16 for students with disabilities . 17 b. Professional development programs that respond to current 18 needs. 19 c. b. Support for curriculum development, instruction, 20 and assessment for services that address the areas of reading, 21 language arts, math , and science , using research-based 22 methodologies for students with disabilities . 23 d. Special education compliance and support. 24 e. Management services, including financial reporting and 25 purchasing as requested and funded by local districts. 26 f. Support for instructional media services that supplement 27 and support local district media centers and services. 28 c. Support for schools and school districts in analyzing 29 student achievement data related to the learning environment, 30 comparing data to the external knowledge base, and using that 31 information to guide schools and school districts in setting 32 goals and implementing actions to improve student learning for 33 students with disabilities. 34 d. Support for addressing the diverse learning needs of 35 -21- LSB 5189XL (14) 90 jda/jh 21/ 123
S.F. _____ H.F. _____ all children and youths with disabilities who are eligible for 1 special education, including through services that include 2 direct services to students with disabilities. 3 e. Support for schools and school districts to ensure 4 compliance rules adopted by the state board of education 5 related to special education. 6 g. f. Support for necessary to implement effective 7 instruction for all students with disabilities through school 8 technology planning and staff development for implementing 9 instructional technologies services . 10 h. g. A program and services evaluation and reporting 11 system related to special education . 12 i. Support for school district libraries in accordance with 13 section 273.2, subsection 4 . 14 j. h. Support for early childhood service coordination 15 for families and children , age birth through three years, to 16 meet health, safety, and learning needs , including service 17 coordination . 18 Sec. 14. Section 273.13, Code 2024, is amended to read as 19 follows: 20 273.13 Administrative expenditures. 21 The administrative expenditures as a percent of an area 22 education agencys general fund for a base year shall not 23 exceed five percent. Annually, the board of directors 24 executive director of each area education agency shall 25 certify to the department of education the amounts of the area 26 education agencys expenditures and its general fund. For the 27 purposes of this section , base year means the same as defined 28 in section 257.2 , and administrative expenditures means 29 expenditures for executive administration. 30 Sec. 15. Section 273.14, Code 2024, is amended to read as 31 follows: 32 273.14 Emergency repairs. 33 When emergency repairs costing more than the competitive 34 bid threshold in section 26.3 , or the adjusted competitive 35 -22- LSB 5189XL (14) 90 jda/jh 22/ 123
S.F. _____ H.F. _____ bid threshold established in section 314.1B, subsection 2 , 1 are necessary in order to ensure the use of an area education 2 agency facility, the provisions of law with reference to 3 advertising for bids shall not apply within two years of a 4 disaster as defined in section 29C.2, subsection 2 , and the 5 area education agency board department of administrative 6 services may contract for such emergency repairs without 7 advertising for bids. However, before such emergency repairs 8 can be made to an area education agency facility, the state 9 board of education or its designee must certify that such 10 emergency repairs are necessary to ensure the use of the area 11 education agency facility. 12 Sec. 16. Section 273.15, subsection 1, Code 2024, is amended 13 to read as follows: 14 1. The board of directors of each area education agency 15 shall appoint an advisory group to make recommendations on 16 policy, programs, and services to the board area education 17 agency . The advisory group shall provide input, feedback, 18 and recommendations to the board regarding projected future 19 needs, and shall provide a review and response to any 20 state-directed study or task force report on area education 21 agency efficiencies or reorganization. 22 Sec. 17. Section 273.15, subsection 5, Code 2024, is amended 23 to read as follows: 24 5. The advisory group shall meet at least twice annually and 25 shall submit its recommendations in a report to the board of 26 directors executive director of the area education agency at 27 least once annually. The report shall be timely submitted to 28 allow for consideration of the recommendations prior to program 29 planning and budgeting for the following fiscal year. 30 Sec. 18. REPEAL. Sections 273.6, 273.7, and 273.16, Code 31 2024, are repealed. 32 Sec. 19. TRANSITION PROVISIONS. 33 1. An area education agency shall not transfer any ownership 34 interest existing as of January 1, 2024, that the area 35 -23- LSB 5189XL (14) 90 jda/jh 23/ 123
S.F. _____ H.F. _____ education agency has in real property or facilities until such 1 interests are transferred to the department of administrative 2 services pursuant to subsection 2. 3 2. a. On or before July 1, 2024, all ownership interests 4 that area education agencies have in real property and 5 facilities attached to real property shall be transferred to 6 the department of administrative services. Prior to July 7 1, 2024, the area education agencies and the area education 8 agency boards of directors shall collaborate with the director 9 of the department of administrative services to arrange for 10 the orderly conveyance of all ownership interests in real 11 property from the area education agencies to the department 12 of administrative services. The department of administrative 13 services shall be responsible for all costs associated with 14 the conveyance of real property pursuant to this paragraph and 15 shall assume all encumbrances attached to such real property. 16 b. Notwithstanding any other provision of law to the 17 contrary, the department of administrative services shall have 18 the authority to dispose of all interests in real property 19 conveyed to the department pursuant to paragraph a . Moneys 20 generated by the sale of such interests in real property shall 21 be deposited in the general fund of the state. 22 3. Prior to July 1, 2024, all interests that area education 23 agencies have in real property lease agreements shall be 24 transferred to the department of administrative services. 25 4. a. On or before May 30, 2024, each area education 26 agency shall submit to the department of education an inventory 27 detailing all media center and professional development 28 equipment and property owned by the area education agency. If 29 the area education agency would like to retain any particular 30 items of media center or professional development equipment or 31 property to support its special education program and services, 32 the area education agency shall include a request to retain 33 such equipment or property in the inventory. 34 b. On or before June 14, 2024, the department of education 35 -24- LSB 5189XL (14) 90 jda/jh 24/ 123
S.F. _____ H.F. _____ shall review all inventories and requests submitted pursuant to 1 paragraph a and shall provide notice to each area education 2 agency, as applicable, indicating whether the department 3 approves or denies the area education agencys request to 4 retain media center or professional development equipment or 5 property. 6 c. On or before July 1, 2024, all of the following media 7 center and professional development equipment and property 8 shall be transferred from the area education agency to the 9 department of administrative services: 10 (1) Media center and professional development equipment 11 and property that the area education agency did not request to 12 retain. 13 (2) Media center and professional development equipment and 14 property that the area education agency requested to retain, 15 but that the department denied. 16 d. (1) The department of administrative services shall 17 transfer to the department for the blind all media center and 18 professional development equipment and property transferred to 19 the department pursuant to paragraph c that can be utilized 20 by the commission for the blind to provide library services to 21 persons who are blind and persons with disabilities. 22 (2) The department of administrative services may dispose 23 of media center and professional development equipment and 24 property transferred to the department pursuant to paragraph 25 c, with preference being given to lower-performing public 26 schools in this state. Moneys generated from the sale of media 27 center or professional development equipment or property shall 28 be deposited in the general fund of the state. 29 5. On July 1, 2024, the employment of all area education 30 agency administrators employed pursuant to section 273.3, 31 subsection 11, as amended in this division of this Act, is 32 terminated, unless terminated earlier by the director of 33 the department of education who, notwithstanding any other 34 provision of law to the contrary, is authorized to terminate 35 -25- LSB 5189XL (14) 90 jda/jh 25/ 123
S.F. _____ H.F. _____ the employment of such area education agency administrators. 1 The changes to chapter 273 constitute just cause for discharge 2 of the area education administrators under section 279.25, 3 and the provisions of section 279.24 shall not apply to the 4 discharge of the area education administrators. The director 5 of the department of education shall appoint an executive 6 director for each area education agency pursuant to section 7 273.4, as amended in this division of this Act. The director, 8 or the directors designee, may exercise the authority of an 9 executive director until such appointment is made. 10 6. Notwithstanding the January 15 and March 1 deadlines 11 in section 273.2, subsection 14, as enacted by this division 12 of this Act, for the fiscal year beginning July 1, 2024, and 13 ending June 30, 2025, the area education agencies shall submit 14 the information required under section 273.2, subsection 14, 15 as enacted by this division of this Act, to the department 16 of education on or before June 7, 2024, and the department 17 of education shall review and either approve or reject the 18 continuation of each position by June 30, 2024. 19 7. In employing oversight personnel, the division of 20 special education within the department of education shall give 21 preference to qualified personnel who seek employment with the 22 division of special education because their employment with an 23 area education agency terminated as a result of this division 24 of this Act. Any former employee of an area education agency 25 whose employment with an area education agency terminated as 26 a result of this division of this Act and who is employed by 27 the division of special education no later than August 1, 2024, 28 shall not experience a break in service credit for their Iowa 29 public employees retirement system benefits and shall not 30 incur any loss in sick leave or vacation time. 31 8. Notwithstanding the September 30 deadline in section 32 273.7A, as amended by this division of this Act, for the school 33 year beginning July 1, 2024, school districts must provide 34 notice to the area education agency and to the department of 35 -26- LSB 5189XL (14) 90 jda/jh 26/ 123
S.F. _____ H.F. _____ education indicating that the school district requests to 1 receive special education services from the area education 2 agency not later than April 30, 2024. 3 Sec. 20. EFFECTIVE DATE. This division of this Act, being 4 deemed of immediate importance, takes effect upon enactment. 5 DIVISION II 6 AREA EDUCATION AGENCIES REORGANIZATION OR DISSOLUTION 7 Sec. 21. Section 273.20, Code 2024, is amended to read as 8 follows: 9 273.20 Definitions. 10 When used in this subchapter , unless the context otherwise 11 requires: 12 1. Affected area education agency or affected agency 13 means an any of the following: 14 a. An area education agency whose board of directors 15 is executive directors are contemplating or engaged in 16 reorganization efforts in accordance with this subchapter . 17 b. An area education agency that the director of the 18 department determines should be reorganized or dissolved in 19 accordance with this subchapter. 20 2. Affected board means the board of directors of an 21 area education agency that is contemplating or engaged in 22 reorganization efforts in accordance with this subchapter . 23 3. 2. Department means the department of education. 24 4. 3. State board means the state board of education. 25 Sec. 22. Section 273.21, Code 2024, is amended to read as 26 follows: 27 273.21 Voluntary reorganization Reorganization and 28 dissolution . 29 1. a. Two or more area education agencies may voluntarily 30 reorganize under this subchapter if the area education 31 agencies are contiguous, a majority of the members of each 32 of the affected boards approve the reorganization, and the 33 pursuant to a reorganization plan submitted to the state board 34 pursuant to subsection 3 is approved by the state board that 35 -27- LSB 5189XL (14) 90 jda/jh 27/ 123
S.F. _____ H.F. _____ is prepared jointly by the executive directors of the affected 1 area education agencies and submitted to the director of the 2 department pursuant to subsection 2 . 3 b. Notwithstanding paragraph a , the director of the 4 department may reorganize two or more area education agencies 5 under this subchapter. If the director of the department 6 determines two or more area education agencies should be 7 reorganized, the director shall direct the executive directors 8 of the affected area education agencies to jointly prepare 9 and submit a reorganization plan to the director pursuant to 10 subsection 2. 11 c. The director of the department may dissolve an area 12 education agency under this subchapter. 13 2. If twenty percent or more of the school districts within 14 an affected area education agency file a petition by December 15 1 with the affected area education agency board to consider 16 reorganization, the affected board shall consider the request 17 and vote on the petition. If a majority of the affected board 18 members vote to study the reorganization of the affected area 19 education agency, the affected board shall immediately begin 20 the study to consider reorganization effective by July 1 of the 21 next year. 22 3. 2. The executive directors of the affected boards 23 contemplating a voluntary reorganization area education 24 agencies shall do the following: 25 a. Develop detailed studies of the facilities, property, 26 services, staffing necessities, equipment, programs, and other 27 capabilities available in each of the affected area education 28 agencies for the purpose of providing for the reorganization of 29 the area education agencies in order to effect more economical 30 operation and the attainment of higher standards of educational 31 services for the schools. 32 b. Survey the school districts within the affected area 33 education agencies to determine the districts current and 34 future programs and services, professional development, and 35 -28- LSB 5189XL (14) 90 jda/jh 28/ 123
S.F. _____ H.F. _____ technology needs. 1 c. Consult with the officials of school districts within the 2 affected area and other citizens and periodically hold public 3 hearings during the development of a plan for reorganization, 4 as well as a public hearing on the final plan to be submitted to 5 the director of the department. 6 d. Consult with the director of the department of education 7 in the development of surveys and plans. The director of the 8 department of education shall provide assistance and advice 9 to the affected area education agency boards agencies as 10 requested. 11 e. Develop a reorganization plan that demonstrates improved 12 efficiency and effectiveness of programs to meet accreditation 13 standards, includes a preliminary budget for reorganized areas, 14 documents public comment from the public hearings held pursuant 15 to paragraph c , and provides for a board of directors, and 16 the number of members that the board shall consist of, in 17 accordance with section 273.8 . 18 f. Set forth the assets and liabilities of the affected 19 area education agencies, which shall become the responsibility 20 of the board of directors of the newly formed area education 21 agency on the effective date of the reorganization. 22 g. Transmit the completed plan to the state board director 23 of the department by July August 15. Plans received by 24 the state board after July 15 shall be considered for area 25 education agency reorganization taking effect no sooner than 26 July 1 after the next succeeding fiscal year. 27 4. 3. The state board director of the department shall 28 review the reorganization plan and shall, prior to September 29 30, either approve the plan as submitted, approve the plan 30 contingent upon compliance with the state boards directors 31 recommendations, or disapprove the plan. A contingently 32 approved plan shall be resubmitted with modifications to the 33 director of the department not later than October 30. An 34 approved plan shall take effect on July 1 of the fiscal year 35 -29- LSB 5189XL (14) 90 jda/jh 29/ 123
S.F. _____ H.F. _____ following the date of approval by the state board director of 1 the department . 2 Sec. 23. Section 273.22, Code 2024, is amended to read as 3 follows: 4 273.22 Contracts of new area education agency. 5 1. The terms of employment of the administrator executive 6 director and staff of affected area education agencies for the 7 school year beginning with the effective date of the formation 8 of the new area education agency shall not may be affected 9 by the formation of the new area education agency, except in 10 accordance with the provisions of sections 279.15 through 11 279.18, and 279.24 , and the authority and responsibility to 12 offer new contracts or to continue, modify, or terminate 13 existing contracts pursuant to sections 279.12 , 279.13 , and 14 279.15 through 279.21 , 279.23 , and 279.24 for the school 15 year beginning with the effective date of the reorganization 16 shall be transferred from the boards of the existing area 17 education agencies to the board of the new area education 18 agency following approval of the reorganization plan by the 19 state board director of the department as provided in section 20 273.21, subsection 4 3 . 21 2. a. The collective bargaining agreement of the area 22 education agency with the largest basic enrollment, as 23 defined in section 257.6 , for the year prior to the year the 24 reorganization is effective, shall serve as the base agreement 25 in the new area education agency and the employees of the other 26 area education agencies involved in the formation of the new 27 area education agency shall automatically be accreted to the 28 bargaining unit of that collective bargaining agreement for 29 purposes of negotiating the contracts for the following years 30 without further action by the public employment relations 31 board. If only one collective bargaining agreement is in 32 effect among the area education agencies that are party to 33 the reorganization, that agreement shall serve as the base 34 agreement, and the employees of the other agencies involved 35 -30- LSB 5189XL (14) 90 jda/jh 30/ 123
S.F. _____ H.F. _____ in the formation of the new area education agency shall 1 automatically be accreted to the bargaining unit of that 2 collective bargaining agreement for purposes of negotiating 3 the contracts for the following years without further action 4 by the public employment relations board. The department of 5 administrative services shall be the chief negotiator for the 6 area education agencies involved in the formation of the new 7 area education agency. 8 b. The board of the newly formed area education agency, 9 using the base agreement as its existing contract, shall 10 bargain with the combined employees of the affected agencies 11 for the school year that begins on the effective date of the 12 reorganization. The bargaining shall be completed by the 13 dates specified in section 20.17 prior to the school year 14 in which the reorganization becomes effective or within one 15 hundred eighty days after the organization of the new board 16 area education agency , whichever is later. If a bargaining 17 agreement was already concluded by the board area education 18 agency and employees of the affected area education agency 19 with the contract serving as the base agreement for the school 20 year beginning with the effective date of the reorganization, 21 that agreement shall be void. However, if the base agreement 22 contains multiyear provisions affecting school years subsequent 23 to the effective year of the reorganization, the base agreement 24 shall remain in effect as specified in the agreement. 25 c. The provisions of the base agreement shall apply to the 26 offering of new contracts or continuation, modification, or 27 termination of existing contracts as provided in subsection 1 . 28 3. The terms of a contract between the board of directors 29 of a school district and the board of directors of an affected 30 area education agency shall be carried out by the school board 31 and the board of directors of the newly formed area education 32 agency except as provided in this section . 33 4. The board of directors of a school district that is under 34 a contract with an affected area education agency may petition 35 -31- LSB 5189XL (14) 90 jda/jh 31/ 123
S.F. _____ H.F. _____ the boards of directors of the affected area education agencies 1 for release from the contract. If the petition receives a 2 majority of the votes cast by the members of the boards of the 3 affected area education agencies, the petition is approved and 4 by the director of the department, then the contract shall be 5 terminated on the effective date of the area education agency 6 reorganization. 7 5. Not later than fifteen days after the state board 8 director of the department notifies an area education agency 9 of its approval of the area education agencys reorganization 10 plan or dissolution proposal , the area education agency shall 11 notify, by certified mail, the school districts located within 12 the area education agency boundaries, the school districts and 13 area education agencies that are contiguous to its boundaries, 14 and any other school district under contract with the area 15 education agency, of the state boards directors approval 16 of the plan or proposal , and shall provide the department of 17 education with a copy of any notice sent in accordance with 18 this subsection . A petition to join an area education agency 19 or for release from a contract with an area education agency, 20 in accordance with subsections 4, 6, and 7 subsection 4 , shall 21 be filed not later than forty-five days after the state board 22 director of the department approves a reorganization plan or 23 dissolution proposal in accordance with this chapter . 24 6. Within forty-five days of the state boards approval, 25 the board of directors of a school district that is contiguous 26 to a newly reorganized area education agency may petition the 27 board of directors of their current area education agency 28 and the newly reorganized area education agency to join the 29 newly reorganized area education agency. If the initial, 30 or new board if established in time under section 273.23, 31 subsection 3 , and the board of the contiguous area education 32 agency approve the petition, the reorganization, including any 33 school district whose petition to join the newly reorganized 34 area education agency has been approved, shall take effect in 35 -32- LSB 5189XL (14) 90 jda/jh 32/ 123
S.F. _____ H.F. _____ accordance with the dates established under section 273.21, 1 subsection 4 . Both the initial, or new, and the contiguous 2 area education agency boards must act within forty-five days of 3 the deadline, as set forth in this subsection , for the filing 4 of the school districts petition. Within ten days of an area 5 education agency boards action, a school district may appeal 6 to the state board the decision of an area education agency 7 board to deny the school districts petition. 8 7. Within forty-five days of the state boards approval, 9 the board of directors of a school district that is within 10 a newly reorganized area education agency and whose school 11 district is contiguous to another area education agency not 12 included in the newly reorganized area education agency may 13 petition the board of directors of the newly reorganized area 14 education agency and the contiguous area education agency to 15 join that area education agency. If the initial, or new board 16 if established in time under section 273.23, subsection 3 , and 17 the board of the contiguous area education agency approve the 18 petition, the reorganization, excluding any school district 19 whose petition to join an area education agency contiguous to 20 the newly reorganized area education agency has been approved, 21 shall take effect in accordance with the dates established 22 under section 273.21, subsection 4 . Both the initial, or 23 new, and the contiguous area education agency boards must act 24 within forty-five days of the deadline, as set forth in this 25 subsection , for the filing of the school districts petition. 26 Within ten days of an area education agency boards action, a 27 school district may appeal to the state board the decision of 28 an area education agency board to deny the school districts 29 petition. 30 Sec. 24. Section 273.23, Code 2024, is amended to read as 31 follows: 32 273.23 Initial board. 33 1. A petition filed under section 273.21 shall state the 34 number of directors on the initial board which shall be either 35 -33- LSB 5189XL (14) 90 jda/jh 33/ 123
S.F. _____ H.F. _____ seven or nine directors. The petition reorganization plan 1 submitted pursuant to section 273.21 shall specify the number 2 of directors to be retained from each area, and those numbers 3 shall be proportionate to the populations of the affected area 4 education agencies. If the proportionate balance of directors 5 among the affected area education agencies specified in the 6 reorganization plan is affected by school districts petitioning 7 to be excluded from the reorganization, or if the proposal 8 specified in the plan does not comply with the requirement for 9 proportionate representation, the state board director of the 10 department shall modify the proposal. However, all affected 11 area education agencies affected shall retain at least one 12 member. 13 2. Prior to the organization meeting of the board of 14 directors of the newly formed area education agency, the boards 15 of the former area education agencies shall designate directors 16 to be retained as members to serve on the initial board of 17 the newly formed area education agency. A vacancy occurs if 18 an insufficient number of former board members reside within 19 the newly formed area education agencys boundaries or if an 20 insufficient number of former board members are willing to 21 serve on the board of the newly formed area education agency. 22 Vacancies, as defined in section 277.29 , in the membership of 23 the newly formed area education agency board shall be filled 24 for the unexpired portion of the term at a director district 25 convention called and conducted in the manner provided in 26 section 273.8 for director district conventions. 27 3. Not later than January 15 of the calendar year in which 28 the reorganization takes effect, the initial board shall call a 29 director district convention under the provisions of section 30 273.8, subsection 3 , for the purpose of electing a board for 31 the reorganized area education agency. The new board shall 32 have control of the employment of all personnel for the newly 33 formed area education agency for the ensuing school year. 34 Following the organization of the new board, the board shall 35 -34- LSB 5189XL (14) 90 jda/jh 34/ 123
S.F. _____ H.F. _____ have authority to establish policy, enter into contracts, and 1 complete such planning and take such action as is essential for 2 the efficient management of the newly formed area education 3 agency. 4 4. The initial board of the newly formed district area 5 education agency shall appoint an acting administrator 6 chairperson and an acting board secretary. The appointment of 7 the acting administrator shall not be subject to the continuing 8 contract provisions of sections 279.20 , 279.23 , and 279.24 . 9 The acting chair shall serve until the executive director of 10 the area education agency appoints a chairperson, who shall 11 serve at the pleasure of the executive director. 12 5. The initial board, or new board if established in time 13 under subsection 3 , of the newly formed agency shall prepare an 14 annual budget estimating income and expenditures for programs 15 and services as provided in sections 273.1 through 273.9 16 and chapter 256B within the limits of funds provided under 17 section 256B.9 and chapter 257 . The board shall give notice 18 of a public hearing on the proposed budget by publication in 19 an official county newspaper in each county in the territory 20 of the area education agency in which the principal place 21 of business of a school district that is a part of the area 22 education agency is located. The notice shall specify the 23 date, which shall not be later than March 1, the time, and 24 the location of the public hearing. The proposed budget as 25 approved by the board shall be submitted to the state board, on 26 forms provided by the department, no later than March 15 for 27 approval. The state board shall review the proposed budget of 28 the newly formed area education agency and shall, before May 29 1, either grant approval or return the budget without approval 30 with comments of the state board included. An unapproved 31 budget shall be resubmitted to the state board for final 32 approval not later than May 15. The state board shall give 33 final approval only to budgets submitted by area education 34 agencies accredited by the state board or that have been given 35 -35- LSB 5189XL (14) 90 jda/jh 35/ 123
S.F. _____ H.F. _____ conditional accreditation by the state board. 1 6. For the school year beginning on the effective date of 2 an area education agency reorganization as provided in this 3 subchapter , the media services cost per pupil as determined 4 under section 257.37 for all districts in a newly formed area 5 education agency for the budget year shall be the highest 6 amount of media services cost per pupil for any of the affected 7 area education agencies. 8 7. For the school year beginning on the effective date 9 of an area education agency reorganization as provided in 10 this subchapter , the educational services cost per pupil as 11 determined under section 257.37 for all districts in a newly 12 formed area education agency for the budget year shall be the 13 highest amount of educational services cost per pupil for any 14 of the affected area education agencies. 15 8. For the school year beginning on the effective date 16 of an area education agency reorganization as provided in 17 this subchapter , the special education support services 18 cost per pupil shall be based upon the combined base year 19 budgets for special education support services of the area 20 education agencies that reorganized to form the newly formed 21 area education agency, divided by the total of the weighted 22 enrollment for special education support services in the 23 reorganized area education agency for the base year plus the 24 supplemental state aid amount per pupil for special education 25 support services for the budget year as calculated in section 26 257.8 . 27 9. 5. Within one year of the effective date of the 28 reorganization, a newly formed area education agency shall meet 29 the accreditation requirements set forth in section 273.10 , 30 and the standards set forth in section 273.11 . The newly 31 formed area education agency shall be considered accredited 32 for purposes of budget approval by the state board pursuant 33 to section 273.3 . The state board shall inform the newly 34 formed area education agency of the accreditation on-site visit 35 -36- LSB 5189XL (14) 90 jda/jh 36/ 123
S.F. _____ H.F. _____ schedule. 1 10. The special education support cost per pupil, the media 2 cost per pupil, and the educational services cost per pupil for 3 a school district petitioning into an area education agency 4 shall be the special education support cost per pupil, media 5 cost per pupil, and educational services cost per pupil of the 6 area education agency into which it petitions if the petition 7 is approved. 8 11. 6. Unless the reorganization of an area education 9 agency takes effect less than two years before the taking 10 of the next federal decennial census, a newly formed area 11 education agency shall, within one year of the effective date 12 of the reorganization, redraw the boundary lines of director 13 districts in the area education agency if a petition filed by a 14 school district to join the newly formed area education agency, 15 or for release from the newly formed area education agency, 16 in accordance with section 273.22, subsections 4, 6, and 7 17 subsection 4 , was approved. Until the boundaries are redrawn, 18 the boundaries for the newly formed area education agency shall 19 be as provided in the reorganization plan approved by the state 20 board director of the department in accordance with section 21 273.21 . 22 Sec. 25. REPEAL. Sections 273.24, 273.25, 273.26, and 23 273.27, Code 2024, are repealed. 24 DIVISION III 25 AREA EDUCATION AGENCIES FUNDING 26 Sec. 26. Section 257.1, subsection 2, paragraph b, Code 27 2024, is amended to read as follows: 28 b. For the budget year commencing July 1, 1999, and for 29 each succeeding budget year beginning before July 1, 2022, 30 the regular program foundation base per pupil is eighty-seven 31 and five-tenths percent of the regular program state cost per 32 pupil. For the budget year commencing July 1, 2022, and for 33 each succeeding budget year, the regular program foundation 34 base per pupil is eighty-eight and four-tenths percent of the 35 -37- LSB 5189XL (14) 90 jda/jh 37/ 123
S.F. _____ H.F. _____ regular program state cost per pupil. For the budget year 1 commencing July 1, 1991, and for each succeeding budget year 2 the special education support services foundation base is 3 seventy-nine percent of the special education support services 4 state cost per pupil. The combined foundation base is the sum 5 of the regular program foundation base, the special education 6 support services foundation base, the total teacher salary 7 supplement district cost, the total professional development 8 supplement district cost, the total early intervention 9 supplement district cost, the total teacher leadership 10 supplement district cost, and the total area education agency 11 teacher salary supplement district cost , and the total area 12 education agency professional development supplement district 13 cost . 14 Sec. 27. Section 257.1, subsection 3, Code 2024, is amended 15 to read as follows: 16 3. Computations rounded. In making computations and 17 payments under this chapter , except in the case of computations 18 relating to funding of special education support services , 19 media services, and educational services provided through the 20 area education agencies, and the teacher salary supplement, the 21 professional development supplement, the early intervention 22 supplement, and the teacher leadership supplement, the 23 department of management shall round amounts to the nearest 24 whole dollar. 25 Sec. 28. Section 257.4, subsection 1, paragraph a, 26 subparagraph (7), Code 2024, is amended by striking the 27 subparagraph. 28 Sec. 29. Section 257.9, subsection 10, Code 2024, is amended 29 by striking the subsection. 30 Sec. 30. Section 257.10, subsection 8, paragraph a, Code 31 2024, is amended to read as follows: 32 a. Combined district cost is the sum of the regular program 33 district cost per pupil multiplied by the weighted enrollment, 34 the special education support services district cost, the 35 -38- LSB 5189XL (14) 90 jda/jh 38/ 123
S.F. _____ H.F. _____ total teacher salary supplement district cost, the total 1 professional development supplement district cost, the total 2 early intervention supplement district cost, and the total 3 teacher leadership supplement district cost, plus the sum of 4 the additional district cost allocated to the district to fund 5 media services and educational services provided through the 6 area education agency, the area education agency total teacher 7 salary supplement district cost and the area education agency 8 total professional development supplement district cost . 9 Sec. 31. Section 257.11, subsection 5, paragraph a, 10 subparagraph (2), subparagraph division (b), Code 2024, is 11 amended to read as follows: 12 (b) Political subdivision means a city, township, county, 13 school corporation, merged area, area education agency, 14 institution governed by the state board of regents, or any 15 other governmental subdivision except for an area education 16 agency . 17 Sec. 32. Section 257.11, subsection 5, paragraph e, Code 18 2024, is amended to read as follows: 19 e. Supplementary weighting pursuant to this subsection shall 20 be available to an area education agency during the period 21 commencing with the budget year beginning July 1, 2014, through 22 the budget year beginning July 1, 2034 2023 . The minimum 23 amount of additional funding for which an area education 24 agency shall be eligible in a budget year is thirty thousand 25 dollars, and the maximum amount of additional funding for which 26 an area education agency shall be eligible is two hundred 27 thousand dollars. The department of management shall annually 28 set a weighting for each area education agency to generate 29 the approved operational sharing expense using the area 30 education agencys special education cost per pupil amount and 31 foundation level. Criteria for determining the qualification 32 of operational functions for supplementary weighting shall be 33 determined by the department by rule, through consideration of 34 increased student opportunities. 35 -39- LSB 5189XL (14) 90 jda/jh 39/ 123
S.F. _____ H.F. _____ Sec. 33. Section 257.15, subsection 1, paragraph a, Code 1 2024, is amended to read as follows: 2 a. For the budget year beginning July 1, 1991, the 3 department of management shall calculate for each district the 4 difference between the sum of the revenues generated by the 5 foundation property tax and the additional property tax in the 6 district calculated under this chapter and the revenues that 7 would have been generated by the foundation property tax and 8 the additional property tax in that district for that budget 9 year calculated under chapter 442, Code 1989 , if chapter 442, 10 Code 1989, were in effect, except that the revenues that 11 would have been generated by the additional property tax levy 12 under chapter 442, Code 1989, shall not include revenues 13 generated for the school improvement program. However in 14 making the calculation of the difference in revenues under 15 this subsection , the department shall not include the revenues 16 generated under section 257.37 , Code 1989, and under chapter 17 442, Code 1989 , for funding media and educational services 18 through the area education agencies. If the property tax 19 revenues for a district calculated under this chapter exceed 20 the property tax revenues for that district calculated under 21 chapter 442, Code 1989 , the department of management shall 22 reduce the revenues raised by the additional property tax levy 23 in that district under this chapter by that difference and 24 the department of education shall pay property tax adjustment 25 aid to the district equal to that difference from moneys 26 appropriated for property tax adjustment aid. 27 Sec. 34. Section 257.16, subsection 4, Code 2024, is amended 28 to read as follows: 29 4. Notwithstanding any provision to the contrary, if 30 the governor orders budget reductions in accordance with 31 section 8.31 , the teacher salary supplement district cost, 32 the professional development supplement district cost, the 33 early intervention supplement district cost, and the teacher 34 leadership supplement district cost as calculated under section 35 -40- LSB 5189XL (14) 90 jda/jh 40/ 123
S.F. _____ H.F. _____ 257.10, subsections 9, 10, 11, and 12 , and the area education 1 agency teacher salary supplement district cost and the area 2 education agency professional development supplement district 3 cost as calculated under section 257.37A, subsections 1 and 2, 4 shall be paid in full as calculated and the reductions in the 5 appropriations provided in accordance with this section shall 6 be reduced from the remaining moneys appropriated pursuant 7 to this section and shall be distributed on a per pupil 8 basis calculated with the weighted enrollment determined in 9 accordance with section 257.6, subsection 5 . 10 Sec. 35. Section 257.32, subsection 1, paragraph a, Code 11 2024, is amended to read as follows: 12 a. An area education agency budget review procedure is 13 established for the school budget review committee created 14 in section 257.30 . The school budget review committee, in 15 addition to its duties under section 257.31 , shall meet and 16 hold hearings each year to review unusual circumstances of 17 area education agencies, either upon the committees motion or 18 upon the request of an area education agency. The committee 19 may grant supplemental aid to the area education agency from 20 funds appropriated to the department of education for area 21 education agency budget review purposes, or an amount may be 22 added to the area education agency special education support 23 services modified supplemental amount for districts in an area 24 or an additional amount may be added to district cost for media 25 services or educational services for all districts in an area 26 for the budget year either on a temporary or permanent basis , 27 or both . 28 Sec. 36. Section 257.32, subsection 1, paragraph b, 29 subparagraphs (2) and (3), Code 2024, are amended by striking 30 the subparagraphs. 31 Sec. 37. Section 257.35, subsections 1, 17, and 19, Code 32 2024, are amended to read as follows: 33 1. The department of management shall deduct the amounts 34 calculated for special education support services , media 35 -41- LSB 5189XL (14) 90 jda/jh 41/ 123
S.F. _____ H.F. _____ services, and area education agency teacher salary supplement 1 district cost , area education agency professional development 2 supplement district cost, and educational services for each 3 school district from the state aid due to the district pursuant 4 to this chapter that has entered into an agreement with the 5 area education agency pursuant to section 273.7A to provide 6 services for the applicable budget year and shall pay the 7 amounts to the respective area education agencies on a monthly 8 basis from September 15 through June 15 during each school 9 year. The department of management shall notify each school 10 district of the amount of state aid deducted for these purposes 11 and the balance of state aid shall be paid to the district. If 12 a district does not qualify for state aid under this chapter 13 in an amount sufficient to cover its amount due to the area 14 education agency as calculated by the department of management, 15 the school district shall pay the deficiency to the area 16 education agency from other moneys received by the district, on 17 a quarterly basis during each school year. 18 17. a. Notwithstanding subsection 1 , and in addition to the 19 reductions applicable pursuant to subsection 2 and paragraph 20 b of this subsection , the state aid for area education 21 agencies and the portion of the combined district cost 22 calculated for these agencies related to expenditures other 23 than expenditures for professional development for the fiscal 24 year beginning July 1, 2022, and ending June 30, 2023, shall 25 be reduced by the department of management by fifteen million 26 dollars. The reduction for each area education agency shall be 27 prorated based on the reduction that the agency received in the 28 fiscal year beginning July 1, 2003. 29 b. Notwithstanding subsection 1 , and in addition to 30 the reductions applicable pursuant to subsection 2 and 31 paragraph a of this subsection , the state aid for area 32 education agencies and the portion of the combined district 33 cost calculated for these agencies related to professional 34 development expenditures for the fiscal year beginning July 35 -42- LSB 5189XL (14) 90 jda/jh 42/ 123
S.F. _____ H.F. _____ 1, 2022, and ending June 30, 2023, shall be reduced by the 1 department of management by an amount equal to the sum of the 2 area education agency professional development supplement 3 district cost for all area education agencies determined under 4 section 257.37A, subsection 2 , Code 2022, for the budget 5 year beginning July 1, 2022. The reduction for each area 6 education agency shall be equal to the area education agencys 7 professional development district cost determined under section 8 257.37A, subsection 2 , Code 2022, for the budget year beginning 9 July 1, 2022. The amounts reduced under this paragraph shall 10 be considered funds paid to school districts and area education 11 agencies under chapter 284 for purposes of requirements for 12 providing professional development opportunities. 13 19. Notwithstanding section 257.37 , an An area education 14 agency may use the funds determined to be available under this 15 section in a manner which the area education agency determines 16 is appropriate to best maintain the level of required area 17 education agency special education services. An area education 18 agency may also use unreserved fund balances for media services 19 or education services , as received under section 257.37, Code 20 2024, in a manner which the area education agency determines 21 is appropriate to best maintain the level of required area 22 education agency special education services. 23 Sec. 38. Section 257.37A, Code 2024, is amended to read as 24 follows: 25 257.37A Area education agency salary supplement funding. 26 1. Area education agency teacher salary supplement cost per 27 pupil and district cost. 28 a. 1. For the budget year beginning July 1, 2009, the 29 department of management shall add together the teacher 30 compensation allocation made to each area education agency for 31 the fiscal year beginning July 1, 2008, pursuant to section 32 284.13, subsection 1 , paragraph i , Code 2009, and the phase II 33 allocation made to each area education agency for the fiscal 34 year beginning July 1, 2008, pursuant to section 294A.9, Code 35 -43- LSB 5189XL (14) 90 jda/jh 43/ 123
S.F. _____ H.F. _____ 2009 , and divide that sum by the special education support 1 services weighted enrollment in the fiscal year beginning July 2 1, 2009, to determine the area education agency teacher salary 3 supplement cost per pupil. For the budget year beginning July 4 1, 2010, and succeeding budget years, the area education agency 5 teacher salary supplement district cost per pupil for each area 6 education agency for a budget year is the area education agency 7 teacher salary supplement district cost per pupil for the base 8 year plus the area education agency teacher salary supplement 9 supplemental state aid amount for the budget year. 10 b. 2. For the budget year beginning July 1, 2010, and 11 succeeding budget years, if the department of management 12 determines that the unadjusted area education agency teacher 13 salary supplement district cost of an area education agency 14 for a budget year is less than one hundred percent of the 15 unadjusted area education agency teacher salary supplement 16 district cost for the base year for the area education agency, 17 the area education agency shall receive a budget adjustment for 18 that budget year equal to the difference. 19 c. (1) 3. a. The unadjusted area education agency 20 teacher salary supplement district cost is the area education 21 agency teacher salary supplement district cost per pupil for 22 each area education agency for a budget year multiplied by the 23 special education support services weighted enrollment for that 24 area education agency. 25 (2) b. The total area education agency teacher salary 26 supplement district cost is the sum of the unadjusted area 27 education agency teacher salary supplement district cost plus 28 the budget adjustment for that budget year. 29 d. 4. For the budget year beginning July 1, 2009, the 30 use of the funds calculated under this subsection section 31 shall comply with requirements of chapter 284 and shall be 32 distributed to teachers pursuant to section 284.3A . For the 33 budget year beginning July 1, 2010, and succeeding budget 34 years, the use of the funds calculated under this subsection 35 -44- LSB 5189XL (14) 90 jda/jh 44/ 123
S.F. _____ H.F. _____ section and fund balances received for area education agency 1 professional development for a budget year beginning before 2 July 1, 2024, shall comply with the requirements of chapter 3 284 and shall be distributed to teachers pursuant to section 4 284.3A . 5 2. Area education agency professional development supplement 6 cost per pupil and district cost. 7 a. For the budget year beginning July 1, 2009, the 8 department of management shall divide the area education 9 agency professional development supplement made to each 10 area education agency for the fiscal year beginning July 1, 11 2008, pursuant to section 284.13, subsection 1 , paragraph 12 d , Code 2009, by the special education support services 13 weighted enrollment in the fiscal year beginning July 1, 2009, 14 to determine the professional development supplement cost 15 per pupil. For the budget year beginning July 1, 2010, and 16 succeeding budget years, the area education agency professional 17 development supplement district cost per pupil for each area 18 education agency for a budget year is the area education agency 19 professional development supplement district cost per pupil 20 for the base year plus the area education agency professional 21 development supplement supplemental state aid amount for the 22 budget year. 23 b. For the budget year beginning July 1, 2010, and 24 succeeding budget years, if the department of management 25 determines that the unadjusted area education agency 26 professional development supplement district cost of an area 27 education agency for a budget year is less than one hundred 28 percent of the unadjusted area education agency professional 29 development supplement district cost for the base year for 30 the area education agency, the area education agency shall 31 receive a budget adjustment for that budget year equal to the 32 difference. 33 c. (1) The unadjusted area education agency professional 34 development supplement district cost is the area education 35 -45- LSB 5189XL (14) 90 jda/jh 45/ 123
S.F. _____ H.F. _____ agency professional development supplement district cost 1 per pupil for each area education agency for a budget year 2 multiplied by the special education support services weighted 3 enrollment for that area education agency. 4 (2) The total area education agency professional 5 development supplement district cost is the sum of the 6 unadjusted area education agency professional development 7 supplement district cost plus the budget adjustment for that 8 budget year. 9 d. The use of the funds calculated under this subsection 10 shall comply with requirements of chapter 284 . 11 Sec. 39. Section 284.3A, subsection 4, Code 2024, is amended 12 to read as follows: 13 4. The teacher salary supplement district cost as 14 calculated under section 257.10, subsection 9 , and the area 15 education agency teacher salary supplement district cost as 16 calculated under section 257.37A , subsection 1, are not subject 17 to a uniform reduction in accordance with section 8.31 . 18 Sec. 40. Section 284.4, subsection 1, paragraph b, 19 subparagraph (3), Code 2024, is amended to read as follows: 20 (3) Determine, following the adoption of the Iowa 21 professional development model by the state board of education, 22 the use and distribution of the professional development 23 funds calculated and paid to the school district or agency as 24 provided in section 257.9, subsection 10 , or section 257.10, 25 subsection 10 , based upon school district or agency , attendance 26 center, and individual teacher and professional development 27 plans. 28 Sec. 41. Section 284.6, subsections 8 and 9, Code 2024, are 29 amended to read as follows: 30 8. For each year in which a school district receives funds 31 calculated and paid to school districts for professional 32 development pursuant to section 257.10, subsection 10 , or 33 section 257.37A, subsection 2 , the school district shall create 34 quality professional development opportunities. Not less than 35 -46- LSB 5189XL (14) 90 jda/jh 46/ 123
S.F. _____ H.F. _____ thirty-six hours in the school calendar, held outside of the 1 minimum school day, shall be set aside during nonpreparation 2 time or designated professional development time to allow 3 practitioners to collaborate with each other to deliver 4 educational programs and assess student learning, or to engage 5 in peer review pursuant to section 284.8, subsection 1 . The 6 funds may be used to implement the professional development 7 provisions of the teacher career paths and leadership roles 8 specified in section 284.15 , including but not limited to 9 providing professional development to teachers, including 10 additional salaries for time beyond the normal negotiated 11 agreement; activities and pay to support a beginning teacher 12 mentoring and induction program that meets the requirements 13 of section 284.5 ; pay for substitute teachers, professional 14 development materials, speakers, and professional development 15 content; textbooks and curriculum materials used for classroom 16 purposes if such textbooks and curriculum materials include 17 professional development; administering assessments pursuant to 18 section 256.7, subsection 21 , paragraph b , subparagraphs (1) 19 and (2), if such assessments include professional development; 20 and costs associated with implementing the individual 21 professional development plans. The use of the funds shall 22 be balanced between school district, attendance center, 23 and individual professional development plans, making every 24 reasonable effort to provide equal access to all teachers. 25 9. Moneys received pursuant to section 257.10, subsection 26 10 , or section 257.37A, subsection 2 , shall be maintained 27 as a separate listing within a school districts or area 28 education agencys budget for funds received and expenditures 29 made pursuant to this subsection . The department shall not 30 require a school district or area education agency to allocate 31 a specific amount or percentage of moneys received pursuant to 32 section 257.10, subsection 10 , or section 257.37A, subsection 33 2 , for professional development related to implementation of 34 the core curriculum under section 256.7, subsection 26 . A 35 -47- LSB 5189XL (14) 90 jda/jh 47/ 123
S.F. _____ H.F. _____ school district shall certify to the department how the school 1 district allocated the funds and that moneys received under 2 this subsection were used to supplement, not supplant, the 3 professional development opportunities the school district 4 would otherwise make available. For budget years beginning 5 on or after July 1, 2017, all or a portion of the moneys 6 received pursuant to section 257.10, subsection 10 , that remain 7 unexpended and unobligated at the end of a fiscal year may, 8 pursuant to section 257.10, subsection 10 , paragraph d , be 9 transferred for deposit in the school districts flexibility 10 account established under section 298A.2, subsection 2 . 11 Sec. 42. Section 298.4, subsection 1, unnumbered paragraph 12 1, Code 2024, is amended to read as follows: 13 The Subject to a reduction under subsection 3, the board of 14 directors of a school district may certify for levy by April 30 15 of a school year, a tax on all taxable property in the school 16 district for a district management levy. The revenue from the 17 tax levied in this section shall be placed in the district 18 management levy fund of the school district. The district 19 management levy shall be expended only for the following 20 purposes: 21 Sec. 43. Section 298.4, Code 2024, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 3. A tax levied under this section may 24 be reduced by the department of management if the department 25 determines that the reduction in the school districts combined 26 district cost as a result of the repeal of section 257.37, Code 27 2024, and elimination of section 257.37A, subsection 2, Code 28 2024, does not result in a corresponding reduction in the total 29 amount of property taxes levied by the school district for the 30 budget year. The department of management may evaluate the 31 amounts of property taxes levied by the school district and 32 purposes for which such revenues are budgeted to determine the 33 adequacy of the reduction in the school districts total amount 34 of property taxes. 35 -48- LSB 5189XL (14) 90 jda/jh 48/ 123
S.F. _____ H.F. _____ Sec. 44. REPEAL. Section 257.37, Code 2024, is repealed. 1 Sec. 45. APPLICABILITY. This division of this Act applies 2 July 1, 2024, for school budget years beginning on or after 3 that date. 4 DIVISION IV 5 TEACHER COMPENSATION 6 Sec. 46. Section 257.10, subsection 12, paragraph d, Code 7 2024, is amended to read as follows: 8 d. Except as otherwise allowed under this paragraph, for 9 the budget year beginning July 1, 2014, and succeeding budget 10 years, the use of the funds calculated under this subsection 11 shall comply with the requirements of chapter 284 and shall 12 be distributed to teachers pursuant to section 284.15 . The 13 funds shall be used only to increase the payment for a teacher 14 assigned to a leadership role pursuant to a framework or 15 comparable system approved pursuant to section 284.15 ; to 16 increase the percentages of teachers assigned to leadership 17 roles; to increase the minimum teacher starting salary to 18 thirty-three fifty thousand five hundred dollars; to cover the 19 costs for the time mentor and lead teachers are not providing 20 instruction to students in a classroom; for coverage of a 21 classroom when an initial or career teacher is observing or 22 co-teaching with a teacher assigned to a leadership role; 23 for professional development time to learn best practices 24 associated with the career pathways leadership process; and for 25 other costs associated with a framework or comparable system 26 approved by the department of education under section 284.15 27 with the goals of improving instruction and elevating the 28 quality of teaching and student learning. If all requirements 29 for the school district for the use of funds calculated 30 under this subsection are met and funds received under this 31 subsection remain unexpended and unobligated at the end of a 32 fiscal year beginning on or after July 1, 2020, the school 33 district may transfer all or a portion of such unexpended 34 and unobligated funds for deposit in the school districts 35 -49- LSB 5189XL (14) 90 jda/jh 49/ 123
S.F. _____ H.F. _____ flexibility account established under section 298A.2, 1 subsection 2 . At the end of a fiscal year beginning on or after 2 July 1, 2022, school districts may use all or a portion of 3 funds under this subsection for the purposes authorized under 4 subsection 9 , paragraph d , and, notwithstanding any provision 5 of law to the contrary, school districts shall not be required 6 to participate in or comply with section 284.15 in order to 7 continue to receive funding under this subsection . 8 Sec. 47. Section 284.15, subsection 2, paragraph a, 9 subparagraph (1), Code 2024, is amended to read as follows: 10 (1) The salary for an initial teacher who has successfully 11 completed an approved practitioner preparation program as 12 defined in section 256.145 or holds an initial or intern 13 teacher license issued under chapter 256, subchapter VII, part 14 3, shall be at least thirty-three fifty thousand five hundred 15 dollars, which shall also constitute the minimum salary for an 16 Iowa teacher. 17 Sec. 48. Section 284.15, Code 2024, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 2A. The salary for a career teacher, model 20 teacher, mentor teacher, or lead teacher, who holds a valid 21 license issued under chapter 256, subchapter VII, part 3, and 22 who has been a teacher for at least twelve years, shall be at 23 least sixty-two thousand dollars. 24 Sec. 49. Section 284.16, subsection 1, paragraph a, 25 unnumbered paragraph 1, Code 2024, is amended to read as 26 follows: 27 The beginning teacher shall be paid not less than 28 thirty-three fifty thousand five hundred dollars and shall meet 29 the following requirements: 30 Sec. 50. Section 284.16, Code 2024, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 1A. A career teacher, instructional coach, 33 curriculum and professional development leader, or model 34 teacher, who has been a teacher for at least twelve years, 35 -50- LSB 5189XL (14) 90 jda/jh 50/ 123
S.F. _____ H.F. _____ shall be paid not less than sixty-two thousand dollars. 1 Sec. 51. Section 284.17, subsection 1, Code 2024, is amended 2 to read as follows: 3 1. A minimum salary of thirty-three fifty thousand five 4 hundred dollars for a full-time teacher who has less than 5 twelve years of teaching experience and a minimum salary of 6 sixty-two thousand dollars for a full-time teacher who has at 7 least twelve years of teaching experience . 8 DIVISION V 9 CONFORMING CHANGES DEPARTMENT OF EDUCATION 10 Sec. 52. Section 256.7, subsection 3, paragraph a, Code 11 2024, is amended to read as follows: 12 a. Prescribe standards and procedures for the approval of 13 practitioner preparation programs and professional development 14 programs offered in this state by practitioner preparation 15 institutions located within or outside this state and by area 16 education agencies . 17 Sec. 53. Section 256.7, subsections 16 and 22, Code 2024, 18 are amended to read as follows: 19 16. Adopt rules that set standards for approval of family 20 support preservice and in-service training programs, offered 21 by area education agencies and practitioner preparation 22 institutions, and family support programs offered by or through 23 local school districts. 24 22. Adopt rules and a procedure for the approval of 25 para-educator preparation programs offered by a public school 26 district, area education agency, community college, institution 27 of higher education under the state board of regents, or 28 an accredited private institution as defined in section 29 256.183, subsection 1 . The programs shall train and recommend 30 individuals for para-educator certification under section 31 256.157 . 32 Sec. 54. Section 256.7, subsection 32, paragraph c, Code 33 2024, is amended to read as follows: 34 c. Rules adopted pursuant to this subsection shall require 35 -51- LSB 5189XL (14) 90 jda/jh 51/ 123
S.F. _____ H.F. _____ that online learning coursework offered by school districts, 1 accredited nonpublic schools, and area education agencies be 2 rigorous, high-quality, aligned with the Iowa core and core 3 content requirements and standards and the national standards 4 of quality for online courses issued by an internationally 5 recognized association for kindergarten through grade twelve 6 online learning, and taught by a teacher licensed under 7 subchapter VII, part 3 , who has specialized training or 8 experience in online learning, including but not limited to an 9 online-learning-for-Iowa-educators-professional-development 10 project offered by area education agencies, a teacher 11 preservice program, or comparable coursework. 12 Sec. 55. Section 256.9, subsections 18, 26, 32, 37, 55, 62, 13 and 68, Code 2024, are amended to read as follows: 14 18. Prepare forms and procedures as necessary to be used by 15 area education agency boards, area education agencies, district 16 boards, school officials, principals, teachers, and other 17 employees, and to insure uniformity, accuracy, and efficiency 18 in keeping records in both pupil and cost accounting, the 19 execution of contracts, and the submission of reports, and 20 notify the area education agency board , district board, or 21 school authorities when a report has not been filed in the 22 manner or on the dates prescribed by law or by rule that 23 the school will not be accredited until the report has been 24 properly filed. The director shall include, on any report 25 for which the department prescribes the form and manner of 26 its submission, a reference to any state or federal statute, 27 rule, or regulation that requires the inclusion of certain 28 information in the report. 29 26. Approve the salaries of area education agency 30 administrators executive directors . 31 32. Develop , or direct the area education agencies to 32 develop, a statewide technical assistance support network to 33 provide school districts or district subcontractors under 34 section 279.49 with assistance in creating developmentally 35 -52- LSB 5189XL (14) 90 jda/jh 52/ 123
S.F. _____ H.F. _____ appropriate programs under section 279.49 . 1 37. Develop in-service and preservice training programs 2 through the area education agencies and practitioner 3 preparation institutions and guidelines for school districts 4 for the establishment of family support programs. Guidelines 5 developed shall describe barriers to learning and development 6 which can affect children served by family support programs. 7 55. Develop and maintain a list of approved online 8 providers that provide course content through an online 9 learning platform taught by a teacher licensed under 10 subchapter VII, part 3 , who has specialized training or 11 experience in online learning including but not limited to an 12 online-learning-for-Iowa-educators-professional-development 13 project offered by area education agencies, a teacher 14 preservice program, or comparable coursework, and whose online 15 learning coursework meets the requirements established by 16 rule pursuant to section 256.7, subsection 32 , paragraph c . 17 Providers shall apply for approval annually or as determined 18 by the department. 19 62. Develop, establish, and distribute to all school 20 districts evidence-based standards, guidelines, and 21 expectations for the appropriate and inappropriate responses 22 to behavior in the classroom that presents an imminent threat 23 of bodily injury to a student or another person and for the 24 reasonable, necessary, and appropriate physical restraint 25 of a student, consistent with rules adopted by the state 26 board pursuant to section 280.21 . The director shall consult 27 with the area education agencies to create comprehensive and 28 consistent standards and guidance for professional development 29 relating to successfully educating individuals in the least 30 restrictive environment, and for evidence-based interventions 31 consistent with the standards established pursuant to this 32 subsection . 33 68. Develop and distribute to school districts and area 34 education agencies a list of all professional development 35 -53- LSB 5189XL (14) 90 jda/jh 53/ 123
S.F. _____ H.F. _____ programs and other training programs in which employees of 1 school districts and area education agencies are required to 2 participate pursuant to federal law or state law, including 3 chapter chapters 273 and 284. 4 Sec. 56. Section 256.9, subsection 25, Code 2024, is amended 5 by striking the subsection. 6 Sec. 57. Section 256.9, subsection 30, paragraph a, 7 unnumbered paragraph 1, Code 2024, is amended to read as 8 follows: 9 Conduct or direct the area education agency to conduct 10 feasibility surveys and studies, if requested under section 11 282.11 , of the school districts within the area education 12 agency service areas and all adjacent territory, including but 13 not limited to contiguous districts in other states, for the 14 purpose of evaluating and recommending proposed whole grade 15 sharing agreements requested under section 282.7 and section 16 282.10, subsections 1 and 4 . The surveys and studies shall be 17 revised periodically to reflect reorganizations which may have 18 taken place in the area education agency, adjacent territory, 19 and contiguous districts in other states. The surveys and 20 studies shall include a cover page containing recommendations 21 and a short explanation of the recommendations. The factors to 22 be used in determining the recommendations include but are not 23 limited to: 24 Sec. 58. Section 256.9, subsection 49, paragraph a, Code 25 2024, is amended to read as follows: 26 a. Develop and distribute , in collaboration with the area 27 education agencies, core curriculum technical assistance and 28 implementation strategies that school districts and accredited 29 nonpublic schools shall utilize, including but not limited to 30 the development and delivery of formative and end-of-course 31 model assessments classroom teachers may use to measure student 32 progress on the core curriculum adopted pursuant to section 33 256.7, subsection 26 . The department shall, in collaboration 34 with the advisory group convened in accordance with paragraph 35 -54- LSB 5189XL (14) 90 jda/jh 54/ 123
S.F. _____ H.F. _____ b and educational assessment providers, identify and make 1 available to school districts end-of-course and additional 2 model end-of-course and additional assessments to align with 3 the expectations included in the Iowa core curriculum. 4 Sec. 59. Section 256.9, subsection 49, paragraph c, 5 unnumbered paragraph 1, Code 2024, is amended to read as 6 follows: 7 Establish, subject to an appropriation of funds by the 8 general assembly, an Iowa reading research center which shall 9 collaborate with the area education agencies in implementing 10 implement the provisions of this paragraph c . 11 Sec. 60. Section 256.9, subsection 49, paragraph c, 12 subparagraph (1), subparagraph division (e), Code 2024, is 13 amended to read as follows: 14 (e) Professional development strategies and materials to 15 support teacher effectiveness in student literacy development. 16 Subject to an appropriation of funds by the general assembly, 17 the center shall collaborate and coordinate with the area 18 education agencies and the department to develop and offer to 19 school districts at no cost professional development services 20 to enhance the skills of elementary teachers in the use of 21 evidence-based strategies to improve the literacy skills of all 22 students. 23 Sec. 61. Section 256.9, subsection 49, paragraph c, 24 subparagraph (2), Code 2024, is amended to read as follows: 25 (2) The first efforts of the center shall focus on 26 kindergarten through grade three. The center shall draw 27 upon national and state expertise in the field of literacy 28 proficiency, including experts from Iowas institutions of 29 higher education and area education agencies with backgrounds 30 in literacy development. The center shall seek support from 31 the Iowa research community in data report development and 32 analysis of available information from Iowa education data 33 sources. The center shall work with the department to identify 34 additional needs for tools and technical assistance for Iowa 35 -55- LSB 5189XL (14) 90 jda/jh 55/ 123
S.F. _____ H.F. _____ schools to help schools achieve literacy proficiency goals 1 and seek public and private partnerships in developing and 2 accessing necessary tools and technical assistance. 3 Sec. 62. Section 256.11, subsection 11, paragraph e, Code 4 2024, is amended to read as follows: 5 e. If the deficiencies have not been corrected, and the 6 conditional accreditation alternatives contained in the report 7 are not mutually acceptable to the state board and the local 8 board, the state board shall deaccredit the school district and 9 merge the territory of the school district with one or more 10 contiguous school districts at the end of the school year. The 11 state board may place a district under receivership for the 12 remainder of the school year. The receivership shall be under 13 the direct supervision and authority of the area education 14 agency in which the district is located department or the 15 departments designee, which may include a contiguous school 16 district . The decision of whether to deaccredit the school 17 district or to place the district under receivership shall 18 be based upon a determination by the state board of the best 19 interests of the students, parents, residents of the community, 20 teachers, administrators, and school district board members and 21 upon the recommendations of the accreditation committee and the 22 director. 23 Sec. 63. Section 256.11, subsection 12, paragraph a, 24 unnumbered paragraph 1, Code 2024, is amended to read as 25 follows: 26 Division of assets and liabilities of the deaccredited 27 school district shall be as provided in this paragraph a and 28 in sections 275.29 through and 275.31. 29 Sec. 64. Section 256.11, subsection 17, paragraph c, 30 unnumbered paragraph 1, Code 2024, is amended to read as 31 follows: 32 If the provisions of subsection 5 , paragraphs a through e 33 and g through j , are made inapplicable under paragraph a , 34 or are waived under paragraph b , the specified subject shall 35 -56- LSB 5189XL (14) 90 jda/jh 56/ 123
S.F. _____ H.F. _____ be provided by an area education agency under section 273.16 , 1 or by the school district or accredited nonpublic school if an 2 online alternative satisfying the requirements of subparagraph 3 (1), (2), or (3) can be made available by the school district 4 or accredited nonpublic school. Any course not required under 5 subsection 5 may also be provided by an area education agency 6 under section 273.16 or by the school district or accredited 7 nonpublic school. However, in either case, if offered by the 8 school district or accredited nonpublic school, the specified 9 subject or course shall be offered through any of the following 10 means: 11 Sec. 65. Section 256.11, subsection 17, paragraph c, 12 subparagraph (3), Code 2024, is amended to read as follows: 13 (3) An online learning platform offered, subject to the 14 initial availability of federal funds, by the department in 15 collaboration with one or more area education agencies or in 16 partnership with school districts and accredited nonpublic 17 schools. The online learning platform may deliver distance 18 education to students, including students receiving competent 19 private instruction under chapter 299A , provided such students 20 register with the school district of residence and the 21 coursework offered by the online learning platform is taught 22 and supervised by a teacher licensed under subchapter VII, part 23 3 , who has online learning experience and the course content 24 meets the requirements established by rule pursuant to section 25 256.7, subsection 32 , paragraph c . The department and the 26 area education agencies operating online learning programs 27 pursuant to section 273.16 shall coordinate the online learning 28 platforms to ensure the most effective use of resources and 29 delivery of services. Federal funds, if available, may be used 30 to offset what would otherwise be costs to school districts for 31 participation in the program. 32 Sec. 66. Section 256.12, subsection 2, paragraph a, Code 33 2024, is amended to read as follows: 34 a. This section does not deprive the respective boards 35 -57- LSB 5189XL (14) 90 jda/jh 57/ 123
S.F. _____ H.F. _____ of public school districts of any of their legal powers, 1 statutory or otherwise, and in accepting the specially enrolled 2 students, each of the boards shall prescribe the terms of the 3 special enrollment, including but not limited to scheduling 4 of courses and the length of class periods. In addition, 5 the board of the affected public school district shall be 6 given notice by the department of its decision to permit the 7 special enrollment not later than six months prior to the 8 opening of the affected public school districts school year, 9 except that the board of the public school district may waive 10 the notice requirement. School districts and area education 11 agency boards agencies shall make public school services, which 12 shall include special education programs and services and 13 may include health services, services for remedial education 14 programs, guidance services, and school testing services, 15 available to children attending nonpublic schools in the same 16 manner and to the same extent that they are provided to public 17 school students. Service activities shall be similar to those 18 undertaken for public school students. Health services, 19 special education support, and related services provided by 20 area education agencies for the purpose of identifying children 21 with disabilities, assistance with physical and communications 22 needs of students with physical disabilities, and services of 23 an educational interpreter may be provided on nonpublic school 24 premises with the permission of the lawful custodian of the 25 property. Other special education services may be provided 26 on nonpublic school premises at the discretion of the school 27 district or area education agency provider of the service and 28 with the permission of the lawful custodian of the property. 29 Sec. 67. Section 256.32A, subsection 1, paragraph b, Code 30 2024, is amended to read as follows: 31 b. To the area education agencies regarding the required and 32 preferred qualifications for dyslexia specialists required in 33 accordance with section 273.2, subsection 11 9 . 34 Sec. 68. Section 256.33, subsection 1, Code 2024, is amended 35 -58- LSB 5189XL (14) 90 jda/jh 58/ 123
S.F. _____ H.F. _____ to read as follows: 1 1. The department shall consort with school districts, 2 area education agencies, community colleges, and colleges 3 and universities to provide assistance to them in the use 4 of educational technology for instruction purposes. The 5 department shall consult with the advisory committee on 6 telecommunications, established in section 256.7, subsection 7 , 7 and other users of educational technology on the development 8 and operation of programs under this section . 9 Sec. 69. Section 256.39, subsection 1, Code 2024, is amended 10 to read as follows: 11 1. If the general assembly appropriates moneys for the 12 establishment of a career pathways program, the department 13 of education shall develop a career pathways grant program, 14 criteria for the formation of ongoing career pathways consortia 15 in each merged area, and guidelines and a process to be used 16 in selecting career pathways consortium grant recipients, 17 including a requirement that grant recipients shall provide 18 matching funds or match grant funds with in-kind resources on a 19 dollar-for-dollar basis. A portion of the moneys appropriated 20 by the general assembly shall be made available to schools to 21 pay for the issuance of employability skills assessments to 22 public or nonpublic school students. An existing partnership 23 or organization, including a regional career and technical 24 education planning partnership, that meets the established 25 criteria, may be considered a consortium for grant application 26 purposes. One or more school districts may be considered 27 a consortium for grant application purposes, provided the 28 district can demonstrate the manner in which a community 29 college, area education agency, representatives from business 30 and labor organizations, and others as determined within 31 the region will be involved. Existing regional career and 32 technical education planning partnerships are encouraged to 33 assist the local consortia in developing a plan and budget. 34 The department shall provide assistance to consortia in 35 -59- LSB 5189XL (14) 90 jda/jh 59/ 123
S.F. _____ H.F. _____ planning and implementing career pathways program efforts. 1 Sec. 70. Section 256.82, subsection 1, paragraph b, 2 subparagraph (3), Code 2024, is amended to read as follows: 3 (3) One member shall be appointed jointly by the 4 administrators of the area education agencies created by 5 chapter 273 director of the department . 6 Sec. 71. Section 256.136, subsection 4, paragraph c, Code 7 2024, is amended by striking the paragraph. 8 Sec. 72. Section 256.136, subsection 5, Code 2024, is 9 amended to read as follows: 10 5. Convening the regional career and technical education 11 planning partnership shall be the joint responsibility of the 12 area education agency and community college located within 13 the region. In convening the regional career and technical 14 education planning partnership, the area education agency and 15 the community college shall include stakeholders from each 16 member district of the partnership. 17 Sec. 73. Section 256.145, subsection 4, Code 2024, is 18 amended to read as follows: 19 4. License means the authority that is given to allow 20 a person to legally serve as a practitioner, a school, an 21 institution, or a course of study to legally offer professional 22 development programs, other than those programs offered by 23 practitioner preparation schools, institutions, or courses of 24 study , or area education agencies . A license is the exclusive 25 authority to perform these functions. 26 Sec. 74. Section 256.146, subsection 1, paragraph c, Code 27 2024, is amended to read as follows: 28 c. Rules adopted pursuant to this subsection establishing 29 licensure renewal requirements shall provide that up to half 30 of the units needed for licensure renewal may be earned upon 31 the successful completion of an individualized professional 32 development plan as verified by the supervising licensed 33 evaluator, or by successful completion of professional 34 development courses or programs offered by a professional 35 -60- LSB 5189XL (14) 90 jda/jh 60/ 123
S.F. _____ H.F. _____ development program licensed by the board, or by a practitioner 1 preparation institution or area education agency approved by 2 the state board of education. 3 Sec. 75. Section 256.146, subsection 17, Code 2024, is 4 amended to read as follows: 5 17. May adopt rules for practitioners who are not eligible 6 for a statement of professional recognition under subsection 9 , 7 but have received a baccalaureate degree and provide a service 8 to students at any or all levels from prekindergarten through 9 grade twelve for a school district, accredited nonpublic 10 school, area education agency, or preschool program established 11 pursuant to chapter 256C . 12 Sec. 76. Section 256.151, subsection 1, Code 2024, is 13 amended to read as follows: 14 1. A license issued under board authority is valid for 15 the period of time for which it is issued, unless the license 16 is suspended or revoked. Except as provided in section 17 256.146, subsection 1 , paragraph a , subparagraph (2), 18 permanent licenses shall not be issued. A person employed as 19 a practitioner shall hold a valid license with an endorsement 20 for the type of service for which the person is employed. 21 This section does not limit the duties or powers of a school 22 board to select or discharge practitioners or to terminate 23 practitioners contracts. A professional development program, 24 except for a program offered by a practitioner preparation 25 institution or area education agency and approved by the state 26 board of education, must possess a valid license for the types 27 of programs offered. 28 Sec. 77. Section 256.160, subsection 1, paragraph a, 29 subparagraph (1), unnumbered paragraph 1, Code 2024, is amended 30 to read as follows: 31 The board of directors of a school district or the executive 32 director of an area education agency, the superintendent of a 33 school district, the chief administrator of an area education 34 agency, and the authorities in charge of an accredited 35 -61- LSB 5189XL (14) 90 jda/jh 61/ 123
S.F. _____ H.F. _____ nonpublic school shall report to the board any instance of 1 disciplinary action taken against a licensed school employee by 2 the board of directors of the school district or the executive 3 director of an area education agency, the superintendent of the 4 school district, the chief administrator of the area education 5 agency, or the authorities in charge of the accredited 6 nonpublic school for conduct constituting any of the following: 7 Sec. 78. Section 256.160, subsection 1, paragraph a, 8 subparagraph (2), Code 2024, is amended to read as follows: 9 (2) The board of directors of a school district or area 10 education agency , the superintendent of a school district, the 11 chief administrator executive director of an area education 12 agency, and the authorities in charge of an accredited 13 nonpublic school shall report to the board the nonrenewal or 14 termination, for reasons of alleged or actual misconduct, 15 of a persons contract executed under sections 279.12 , 16 279.13 , 279.15 , 279.16 , 279.18 through 279.21 , 279.23 , and 17 279.24 , and the resignation of a person who holds a license, 18 certificate, or authorization issued by the board as a result 19 of or following an incident or allegation of misconduct that, 20 if proven, would constitute a violation of the rules adopted 21 by the board to implement section 256.146, subsection 13 , 22 paragraph b , subparagraph (1); soliciting, encouraging, or 23 consummating a romantic or otherwise inappropriate relationship 24 with a student; falsifying student grades, test scores, 25 or other official information or material; or converting 26 public property or funds to the personal use of the school 27 employee, when the board or reporting official has a good 28 faith belief that the incident occurred or the allegation is 29 true. The board may deny a license or revoke the license 30 of an administrator if the board finds by a preponderance 31 of the evidence that the administrator failed to report the 32 termination or resignation of a school employee holding a 33 license, certificate, statement of professional recognition, 34 or coaching authorization, for reasons of alleged or actual 35 -62- LSB 5189XL (14) 90 jda/jh 62/ 123
S.F. _____ H.F. _____ misconduct, as defined by this section . 1 Sec. 79. Section 256.165, subsection 6, Code 2024, is 2 amended to read as follows: 3 6. The state board of education shall work with institutions 4 of higher education, private colleges and universities, 5 community colleges, area education agencies, and professional 6 organizations to ensure that the courses and programs required 7 for authorizations under this section are offered throughout 8 the state at convenient times and at a reasonable cost. 9 Sec. 80. Section 256B.8, subsection 2, Code 2024, is amended 10 to read as follows: 11 2. An area education agency executive director of special 12 education may request approval from the department of education 13 to continue the special education program of a person beyond 14 the period specified in section 256B.2, subsection 1 , paragraph 15 a , if the person had an accident or prolonged illness that 16 resulted in delays in the initiation of or interruptions in 17 that persons special education program. Approval may be 18 granted by the department to continue the special education 19 program of that person for up to three years or until the 20 persons twenty-fourth birthday. 21 Sec. 81. Section 256B.9, subsection 5, Code 2024, is amended 22 to read as follows: 23 5. The division of special education shall audit the reports 24 required in section 273.5 to determine that all children in the 25 area who have been identified as requiring special education 26 have received the appropriate special education instructional 27 and support services, and to verify the proper identification 28 of pupils in the area who will require special education 29 instructional services during the school year in which the 30 report is filed. The division shall certify to the director 31 of the department of management the correct total enrollment 32 of each school district in the state, determined by applying 33 the appropriate pupil weighting index to each child requiring 34 special education, as certified by the directors of special 35 -63- LSB 5189XL (14) 90 jda/jh 63/ 123
S.F. _____ H.F. _____ education in executive director of each area education agency . 1 DIVISION VI 2 SCHOOLS REORGANIZATION OF SCHOOL DISTRICTS CONFORMING 3 CHANGES 4 Sec. 82. Section 257.9, subsection 3, Code 2024, is amended 5 to read as follows: 6 3. Special education support services state cost per pupil 7 for 1991-1992. For the budget year beginning July 1, 1991, for 8 the special education support services state cost per pupil, 9 the department of management shall divide the total of the 10 approved budgets of the area education agencies for special 11 education support services for that year approved by the state 12 board of education under section 273.3, subsection 12 9 , by 13 the total of the weighted enrollment for special education 14 support services in the state for the budget year. The special 15 education support services state cost per pupil for the budget 16 year is the amount calculated by the department of management 17 under this subsection . 18 Sec. 83. Section 257.10, subsection 3, Code 2024, is amended 19 to read as follows: 20 3. Special education support services district cost per 21 pupil for 1991-1992. For the budget year beginning July 1, 22 1991, for the special education support services district 23 cost per pupil, the department of management shall divide the 24 approved budget of each area education agency for special 25 education support services for that year approved by the state 26 board of education, under section 273.3, subsection 12 9 , by 27 the total of the weighted enrollment for special education 28 support services in the area for that budget year. The 29 special education support services district cost per pupil for 30 each school district in an area for the budget year is the 31 amount calculated by the department of management under this 32 subsection . 33 Sec. 84. Section 257.42, subsections 1 and 4, Code 2024, are 34 amended to read as follows: 35 -64- LSB 5189XL (14) 90 jda/jh 64/ 123
S.F. _____ H.F. _____ 1. Boards of school districts, individually or jointly 1 with the boards of other school districts, shall annually 2 submit program plans for gifted and talented children programs 3 and budget costs to the department of education and to the 4 applicable gifted and talented children advisory council , if 5 an advisory council has been established, as provided in this 6 chapter . 7 4. The department of education shall adopt rules under 8 chapter 17A relating to the administration of this section 9 and sections 257.43 through 257.49 257.46 . The rules shall 10 prescribe the format of program plans submitted under section 11 257.43 and shall require that programs fulfill specified 12 objectives. The department shall encourage and assist school 13 districts to provide programs for gifted and talented children. 14 Sec. 85. Section 274.13, Code 2024, is amended to read as 15 follows: 16 274.13 Attaching territory to adjoining corporation. 17 In any case where, by reason of natural obstacles, any 18 portion of the inhabitants of any school corporation in the 19 opinion of the area education agency administrator director of 20 the department of education cannot with reasonable facility 21 attend school in their own corporation, the area education 22 agency administrator director shall, by a written order, in 23 duplicate, attach the part thus affected to an adjoining school 24 corporation, the board of the same consenting thereto, one copy 25 of which order shall be at once transmitted to the secretary of 26 each corporation affected thereby, who shall record the same 27 and make the proper designation on the plat of the corporation. 28 Township or county lines shall not be a bar to the operation of 29 this section . 30 Sec. 86. Section 274.14, Code 2024, is amended to read as 31 follows: 32 274.14 Restoration. 33 When the natural obstacles by reason of which territory 34 has been set off by the area education agency administrator 35 -65- LSB 5189XL (14) 90 jda/jh 65/ 123
S.F. _____ H.F. _____ director of the department of education from one school 1 district and attached to another in the same or an adjoining 2 county, as provided in section 274.13 , have been removed, such 3 territory may, upon the concurrence of the respective boards, 4 be restored to the school district from which set off and shall 5 be so restored by said boards upon the written application of 6 two-thirds of the electors residing upon the territory so set 7 off together with the concurrence of the area education agency 8 administrator director and the board of the school district 9 from which such territory was originally set off by the said 10 administrator director . 11 Sec. 87. Section 274.37, subsection 1, Code 2024, is amended 12 to read as follows: 13 1. The boundary lines of contiguous school corporations 14 may be changed by the concurrent action of the respective 15 boards of directors at their regular meetings in July, or at 16 special meetings called for that purpose. Such concurrent 17 action shall be subject to the approval of the area education 18 agency board director of the department of education but such 19 concurrent action shall stand approved if the board director 20 does not disapprove such concurrent action within thirty days 21 following receipt of notice thereof. The corporation from 22 which territory is detached shall, after the change, contain 23 not less than four government sections of land. 24 Sec. 88. Section 274.40, Code 2024, is amended to read as 25 follows: 26 274.40 Vesting of powers to convey. 27 Whenever a majority of the directors of any school district 28 affected as in section 274.39 have moved from such district and 29 have ceased to be residents thereof thereby creating vacancies 30 on the school board and reducing it to less than a quorum, 31 the powers vested by said section in the board of directors 32 shall vest in the area education agency board director of the 33 department of education and the instrument of conveyance shall 34 be executed on behalf of such school district by the president 35 -66- LSB 5189XL (14) 90 jda/jh 66/ 123
S.F. _____ H.F. _____ of the area education agency board director of the department 1 of education until an election is called pursuant to chapter 2 277 . 3 Sec. 89. Section 275.1, subsection 3, Code 2024, is amended 4 to read as follows: 5 3. If a district is attached, division of assets and 6 liabilities shall be made as provided in sections 275.29 7 through and 275.31. The area education agency boards director 8 of the department of education shall develop detailed studies 9 and surveys of the school districts within the area education 10 agency and all adjacent territory for the purpose of providing 11 for reorganization of school districts in order to effect more 12 economical operation and the attainment of higher standards 13 of education in the schools. The plans shall be revised 14 periodically to reflect reorganizations which may have taken 15 place in the area education agency within the impacted area and 16 adjacent territory. 17 Sec. 90. Section 275.2, subsection 1, unnumbered paragraph 18 1, Code 2024, is amended to read as follows: 19 The scope of the studies and surveys shall include all of 20 the following matters in the various districts in the area 21 education agency and all adjacent districts adjacent to the 22 area education agency : 23 Sec. 91. Section 275.2, subsection 2, Code 2024, is amended 24 to read as follows: 25 2. The plans shall also include suggested alternate plans 26 that incorporate the school districts in the area education 27 agency into reorganized districts that meet the enrollment 28 standards specified in section 275.3 and may include alternate 29 plans proposed by school districts for sharing programs 30 under section 28E.9 , 256.13 , 280.15 , 282.7 , or 282.10 as an 31 alternative to school reorganization. 32 Sec. 92. Section 275.3, Code 2024, is amended to read as 33 follows: 34 275.3 Minimum size. 35 -67- LSB 5189XL (14) 90 jda/jh 67/ 123
S.F. _____ H.F. _____ No new school district shall be planned by an area education 1 agency board nor shall any proposal for creation or enlargement 2 of any school district be approved by an area education agency 3 board or submitted to electors unless there reside within 4 the proposed limits of such district at least three hundred 5 persons of school age who were enrolled in public schools 6 in the preceding school year. Provided, however, that the 7 director of the department of education shall have authority to 8 grant permission to an area education agency board to approve 9 the formation or enlargement of a school district containing 10 a lower school enrollment than required in this section on 11 the written request of such area education agency board the 12 school districts that will be affected by such formation or 13 enlargement if such request is accompanied by evidence tending 14 to show that sparsity of population, natural barriers or 15 other good reason makes it impracticable to meet the school 16 enrollment requirement. 17 Sec. 93. Section 275.4, Code 2024, is amended to read as 18 follows: 19 275.4 Studies, surveys, and plans. 20 1. a. In developing studies and surveys, the area education 21 agency board director of the department of education shall 22 consult with the officials of school districts in the area and 23 other citizens, shall from time to time hold public hearings, 24 and may employ such research and other assistance as it 25 the director may determine reasonably necessary in order to 26 properly carry on its the survey and prepare definite plans of 27 reorganization. 28 b. In addition, the area education agency board shall 29 consult with the director of the department of education in 30 the development of surveys and plans. The director of the 31 department of education shall provide assistance to the area 32 education agency boards as requested and shall advise the area 33 education agency boards concerning plans of contiguous area 34 education agencies and the reorganization policies adopted by 35 -68- LSB 5189XL (14) 90 jda/jh 68/ 123
S.F. _____ H.F. _____ the state board of education. 1 2. Completed plans shall be transmitted by the area 2 education agency board to the director of the department of 3 education. 4 Sec. 94. Section 275.5, Code 2024, is amended to read as 5 follows: 6 275.5 Proposals for merger or consolidation. 7 A proposal for merger, consolidation, or boundary change of 8 local school districts shall first be submitted to the area 9 education agency board director of the department of education 10 following the procedure prescribed in this chapter . Following 11 receipt of a petition pursuant to section 275.12 , the area 12 education agency board director of the department of education 13 shall review its the plans and determine whether the petition 14 complies with the plans which had been adopted by the board 15 director . If the petition does not comply with the plans 16 which had been adopted by the board , the board department of 17 education shall conduct further surveys pursuant to section 18 275.4 prior to the date set for the hearing upon the petition. 19 If further surveys have been conducted by the board department 20 of education , the board department shall present the results of 21 the further surveys at the hearing upon the petition. 22 Sec. 95. Section 275.6, Code 2024, is amended to read as 23 follows: 24 275.6 Progressive program. 25 It is the intent of this chapter that the area education 26 agency board director of the department of education shall 27 carry on the program of reorganization progressively and shall, 28 insofar as is possible, authorize submission of proposals to 29 the electors as they are developed and approved. 30 Sec. 96. Section 275.7, Code 2024, is amended to read as 31 follows: 32 275.7 Budget. 33 The area education agency board director of the department 34 of education shall include in the budget submitted each year 35 -69- LSB 5189XL (14) 90 jda/jh 69/ 123
S.F. _____ H.F. _____ such sums as it the director deems necessary to carry on its 1 the reorganization work under this chapter . 2 Sec. 97. Section 275.8, subsection 1, paragraphs a and b, 3 Code 2024, are amended to read as follows: 4 a. Preparation of a written joint plan by two or more 5 school districts in which contiguous territory in two or more 6 area education agencies is considered as a part of a potential 7 school district in the area education agency on behalf of which 8 such plan is filed with the department of education by the area 9 education agency board . 10 b. Adoption of the written joint plan at a joint session of 11 the several area education agency boards of directors of school 12 districts in whose areas the territory is situated. A quorum 13 of each of the boards is necessary to transact business. Votes 14 shall be taken in the manner prescribed in section 275.16 . 15 Sec. 98. Section 275.8, subsection 2, paragraph d, Code 16 2024, is amended to read as follows: 17 d. An affidavit signed on behalf of each of said boards 18 of directors of area education agencies by a member of such 19 board the director of the department of education stating the 20 boundaries as shown on such plat have been agreed upon by the 21 respective boards as are a part of the overall plan of school 22 district reorganization of each such school. 23 Sec. 99. Section 275.8, subsection 3, Code 2024, is amended 24 to read as follows: 25 3. Planning of joint districts shall be conducted in 26 the same manner as planning for single districts, except as 27 provided in this section . Studies and surveys relating to 28 the planning of joint districts shall be filed with the area 29 education agency in which one of the districts is located 30 director of the department of education by the board of 31 directors of the school district which has the greatest taxable 32 property base in the areas where the territory is situated . In 33 the case of controversy over the planning of joint districts, 34 the matter shall be submitted to the director of the department 35 -70- LSB 5189XL (14) 90 jda/jh 70/ 123
S.F. _____ H.F. _____ of education. Judicial review of the directors decision 1 may be sought in accordance with the terms of the Iowa 2 administrative procedure Act, chapter 17A . Notwithstanding the 3 terms of that Act, petitions for judicial review must be filed 4 within thirty days after the decision of the director. 5 Sec. 100. Section 275.9, subsection 2, Code 2024, is amended 6 to read as follows: 7 2. The provisions of sections 275.1 through 275.5 , relating 8 to studies, surveys, hearings and adoption of plans shall 9 constitute a mandatory prerequisite to the effectuation of 10 any proposal for district boundary change. It shall be the 11 mandatory duty of the area education agency board director of 12 the department of education to dismiss the petition if the 13 above provisions are not complied with fully. 14 Sec. 101. Section 275.11, Code 2024, is amended to read as 15 follows: 16 275.11 Proposals involving two or more districts. 17 Subject to the approval of the area education agency 18 board director of the department of education , contiguous or 19 marginally adjacent territory located in two or more school 20 districts may be united into a single district in the manner 21 provided in sections 275.12 through 275.18 , 275.20 , and 275.22 . 22 Sec. 102. Section 275.12, subsections 1 and 4, Code 2024, 23 are amended to read as follows: 24 1. A petition describing the boundaries, or accurately 25 describing the area included therein by legal descriptions, 26 of the proposed district, which boundaries or area described 27 shall conform to plans developed or the petition shall request 28 change of the plan, shall be filed with the area education 29 agency administrator of the area education agency in which the 30 greatest number of registered voters reside director of the 31 department of education . However, the area education agency 32 administrator director of the department of education shall 33 not accept a petition if any of the school districts affected 34 have approved the issuance of general obligation bonds at 35 -71- LSB 5189XL (14) 90 jda/jh 71/ 123
S.F. _____ H.F. _____ an election pursuant to section 296.6 during the preceding 1 six-month period. The petition shall be signed by eligible 2 electors residing in each existing school district or portion 3 affected equal in number to at least twenty percent of the 4 number of registered voters in the school district or portion 5 affected, or four hundred eligible electors, whichever is the 6 smaller number. 7 4. The area education agency board director of the 8 department of education in reviewing the petition as provided 9 in sections section 275.15 and 275.16 shall review the proposed 10 method of election of school directors and may change or amend 11 the plan in any manner, including to specify a different 12 method of electing school directors as may be required by 13 law, justice, equity, and the interest of the people. In 14 the action, the area education agency board director of the 15 department of education shall follow the same procedure as is 16 required by sections section 275.15 and 275.16 for other action 17 on the petition by the area education agency board director . 18 Sec. 103. Section 275.12, subsection 5, paragraphs a and b, 19 Code 2024, are amended to read as follows: 20 a. The area education agency board director of the 21 department of education in reviewing a petition as provided 22 in sections section 275.15 and 275.16 that is not subject to 23 the division of assets and liabilities provisions in sections 24 275.29 through and 275.31 shall review the proposal for 25 dividing liability for payment of outstanding bonds issued 26 under section 423E.5 or 423F.4 , required to be included under 27 section 275.28 , and may change or amend the proposal in any 28 manner, including to specify a different division for the 29 reorganized districts or a different method of payment or 30 retirement of the bonds as may be required by law, justice, 31 equity, and the interest of the people. The review conducted 32 by the area education agency director of the department of 33 education , including any resulting change to the proposal, 34 shall ensure that the reorganized districts estimated revenue 35 -72- LSB 5189XL (14) 90 jda/jh 72/ 123
S.F. _____ H.F. _____ under section 423F.2 is sufficient for the payment of principal 1 and interest on the outstanding bonds required to be paid in 2 the budget year following the reorganization. 3 b. For bonds issued under section 423E.5 or 423F.4 , the 4 approval of the reorganization at election creates a lien on 5 the revenues from the secure an advanced vision for education 6 fund received by the reorganized district designated in the 7 proposal approved by the area education agency director of 8 the department of education , subject to the same priority as 9 provided by the affected school district that issued the bonds. 10 Sec. 104. Section 275.14, Code 2024, is amended to read as 11 follows: 12 275.14 Objection time of filing notice. 13 1. Within ten days after the petition is filed, the area 14 education agency administrator director of the department of 15 education shall fix a final date for filing objections to the 16 petition which shall be not more than sixty days after the 17 petition is filed and shall fix the date for a hearing on the 18 objections to the petition. Objections shall be filed in 19 the office of the administrator who with the department of 20 education, which shall give notice at least ten days prior 21 to the final day for filing objections, by one publication 22 in a newspaper published within the territory described in 23 the petition, or if none is published in the territory, in a 24 newspaper published in the county where the petition is filed, 25 and of general circulation in the territory described. The 26 notice shall also list the date, time, and location for the 27 hearing on the petition as provided in section 275.15 . The 28 cost of publication shall be assessed to each district whose 29 territory is involved in the ratio that the number of pupils 30 in basic enrollment for the budget year, as defined in section 31 257.6 in each district bears to the total number of pupils 32 in basic enrollment for the budget year in the total area 33 involved. Objections shall be in writing in the form of an 34 affidavit and may be made by any person residing or owning land 35 -73- LSB 5189XL (14) 90 jda/jh 73/ 123
S.F. _____ H.F. _____ within the territory described in the petition, or who would 1 be injuriously affected by the change petitioned for and shall 2 be on file not later than 12:00 noon of the final day fixed for 3 filing objections. 4 2. Objection forms shall be prescribed by the department of 5 education and may be obtained from the area education agency 6 administrator department . Objection forms that request that 7 property be removed from a proposed district shall include the 8 correct legal description of the property to be removed. 9 Sec. 105. Section 275.15, Code 2024, is amended to read as 10 follows: 11 275.15 Hearing decision publication appeal. 12 1. At the hearing, which shall be held within ten days of 13 the final date set for filing objections, interested parties, 14 both petitioners and objectors, may present evidence and 15 arguments, and the area education agency board director of 16 the department of education shall review the matter on its 17 merits and within ten days after the conclusion of any hearing, 18 shall rule on the objections and shall enter an order fixing 19 the boundaries for the proposed school corporation as will 20 in its the directors judgment be for the best interests of 21 all parties concerned, having due regard for the welfare of 22 adjoining districts, or dismiss the petition. 23 2. The area education agency board director of the 24 department of education , when entering the order fixing the 25 boundaries, shall consider all available evidence including, 26 but not limited to, information presented by the petitioners, 27 all objections requesting territory exclusion, reorganization 28 studies and plans, geographical patterns evidenced by students 29 using open enrollment to attend school in another district 30 pursuant to section 282.18 , potential travel distances required 31 of students, and geographic configuration of the proposed 32 district. The exclusion of territory shall represent a balance 33 between the rights of the objectors and the welfare of the 34 reorganized district. 35 -74- LSB 5189XL (14) 90 jda/jh 74/ 123
S.F. _____ H.F. _____ 3. If the petition is not dismissed and the board director 1 of the department of education determines that additional 2 information is required in order to fix boundary lines of the 3 proposed school corporation, the board director may continue 4 the hearing for no more than thirty days. The date of the 5 continued hearing shall be announced at the original meeting. 6 Additional objections in the form required in section 275.14 7 may be considered if filed with the administrator director of 8 the department of education within five days, not including 9 Saturdays, Sundays, or holidays, after the date of the original 10 board hearing. If the hearing is continued, the area education 11 agency administrator director of the department of education 12 may conduct one or more meetings with the boards of directors 13 of the affected districts. Notice of any such meeting must 14 be given at least forty-eight hours in advance by the area 15 education agency administrator director of the department of 16 education in the manner provided in section 21.4 . The area 17 education agency board may request that the administrator make 18 alternative recommendations regarding the boundary lines of the 19 proposed school corporation. The area education agency board 20 director of the department of education shall make a decision 21 on the boundary lines within ten days following the conclusion 22 of the continued hearing. 23 4. The administrator director of the department of 24 education shall at once publish the decision in the same 25 newspaper in which the original notice was published. Within 26 twenty days after the publication, the decision rendered by 27 the area education agency board director of the department of 28 education may be appealed to the district court in the county 29 involved by any school district affected. For purposes of 30 appeal, only those school districts who filed reorganization 31 petitions are school districts affected. An appeal from a 32 decision of an area education agency board or joint area 33 education agency boards the director of the department of 34 education under section 275.4 , 275.16 , or this section is 35 -75- LSB 5189XL (14) 90 jda/jh 75/ 123
S.F. _____ H.F. _____ subject to appeal procedures under this chapter and is not 1 subject to appeal under chapter 290 . 2 Sec. 106. Section 275.17, Code 2024, is amended to read as 3 follows: 4 275.17 Filing a petition. 5 If an area education agency board the director of the 6 department of education does not approve the change in 7 boundaries of school districts in accordance with a petition, a 8 petition describing the identical or similar boundaries shall 9 not be filed for a period of six months following the date 10 of the hearing or the vote of the board, whichever is later 11 director publishes the directors decision pursuant to section 12 275.15, subsection 4 . 13 Sec. 107. Section 275.18, Code 2024, is amended to read as 14 follows: 15 275.18 Special election called time. 16 1. When the boundaries of the territory to be included in 17 a proposed school corporation and the number and method of 18 the election of the school directors of the proposed school 19 corporation have been determined as provided in this chapter , 20 the area education agency administrator with whom the petition 21 is filed director of the department of education shall give 22 written notice of the election to the county commissioner of 23 elections of the county in the proposed school corporation 24 which has the greatest taxable base. The question shall be 25 submitted to the voters at an election held on a date specified 26 in section 39.2, subsection 4 , paragraph c in the calendar 27 year prior to the calendar year in which the reorganization 28 will take effect. 29 2. The county commissioner of elections shall give notice 30 of the election by one publication in the same newspaper in 31 which previous notices have been published regarding the 32 proposed school reorganization, and in addition, if more than 33 one county is involved, by one publication in a legal newspaper 34 in each county other than that of the first publication. The 35 -76- LSB 5189XL (14) 90 jda/jh 76/ 123
S.F. _____ H.F. _____ publication shall be not less than four nor more than twenty 1 days prior to the election. If the decision published pursuant 2 to section 275.15 or 275.16 includes a description of the 3 proposed school corporation and a description of the director 4 districts, if any, the notice for election and the ballot do 5 not need to include these descriptions. Notice for an election 6 shall not be published until the expiration of time for appeal, 7 which shall be the same as that provided in section 275.15 or 8 275.16 , whichever is applicable ; and if there is an appeal, not 9 until the appeal has been disposed of. 10 3. The area education agency administrator director of the 11 department of education shall furnish to the commissioner a 12 map of the proposed reorganized area which must be approved by 13 the commissioner as suitable for posting. The map shall be 14 displayed prominently in at least one place within the voting 15 precinct, and inside each voting booth. 16 Sec. 108. Section 275.22, Code 2024, is amended to read as 17 follows: 18 275.22 Canvass and return. 19 The canvass shall be conducted pursuant to section 20 50.24 . The county commissioner of elections or controlling 21 commissioner shall certify the results of the election to the 22 area education agency administrator director of the department 23 of education . If the majority of the votes cast by the 24 registered voters is in favor of the proposition, as provided 25 in section 275.20 , a new school corporation shall be organized. 26 If the majority of votes cast is opposed to the proposition, 27 a new petition describing the identical or similar boundaries 28 shall not be filed for at least six months from the date of 29 the election. If territory is excluded from the reorganized 30 district, action pursuant to section 274.37 shall be taken 31 prior to the effective date of reorganization. The secretary 32 of the new school corporation shall file a written description 33 of the boundaries as provided in section 274.4 . 34 Sec. 109. Section 275.23A, subsection 2, Code 2024, is 35 -77- LSB 5189XL (14) 90 jda/jh 77/ 123
S.F. _____ H.F. _____ amended to read as follows: 1 2. Following each federal decennial census the school 2 board shall determine whether the existing director district 3 boundaries meet the standards in subsection 1 according to 4 the most recent federal decennial census. In addition to the 5 authority granted to voters to change the number of directors 6 or method of election as provided in sections 275.35 , 275.36 , 7 and 278.1 , the board of directors of a school district may, 8 following a federal decennial census, by resolution and 9 in accordance with this section , authorize a change in the 10 method of election as set forth in section 275.12, subsection 11 2 , or a change to either five or seven directors after the 12 board conducts a hearing on the resolution. If the board 13 proposes to change the number of directors from seven to five 14 directors, the resolution shall include a plan for reducing 15 the number of directors. If the board proposes to increase 16 the number of directors to seven directors, two directors 17 shall be added according to the procedure described in section 18 277.23, subsection 2 . If necessary, the board of directors 19 shall redraw the director district boundaries. The director 20 district boundaries shall be described in the resolution 21 adopted by the school board. The resolution shall be adopted 22 no earlier than November 15 of the second year immediately 23 following the year in which the federal decennial census is 24 taken and no later than May 15 of the third year immediately 25 following the year in which the federal decennial census 26 is taken. A copy of the plan shall be filed with the area 27 education agency administrator of the area education agency in 28 which the schools electors reside director of the department 29 of education . If the board does not provide for an election 30 as provided in sections 275.35 , 275.36 , and 278.1 and adopts 31 a resolution to change the number of directors or method of 32 election in accordance with this subsection , the district 33 shall change the number of directors or method of election as 34 provided unless, within twenty-eight days following the action 35 -78- LSB 5189XL (14) 90 jda/jh 78/ 123
S.F. _____ H.F. _____ of the board, the secretary of the board receives a petition 1 containing the required number of signatures, asking that an 2 election be called to approve or disapprove the action of 3 the board in adopting the resolution. The petition must be 4 signed by eligible electors equal in number to not less than 5 one hundred or thirty percent of the number of voters at the 6 last preceding regular school election, whichever is greater. 7 The board shall either rescind its action or direct the 8 county commissioner of elections to submit the question to the 9 registered voters of the school district at an election held 10 on a date specified in section 39.2, subsection 4 , paragraph 11 c . If a majority of those voting on the question at the 12 election favors disapproval of the action of the board, the 13 district shall not change the number of directors or method of 14 election. If a majority of those voting on the question does 15 not favor disapproval of the action, the board shall certify 16 the results of the election to the department of management and 17 the district shall change the number of directors or method of 18 election as provided in this subsection . At the expiration of 19 the twenty-eight-day period, if no petition is filed, the board 20 shall certify its action to the department of management and 21 the district shall change the number of directors or method of 22 election as provided in this subsection . 23 Sec. 110. Section 275.25, subsection 1, paragraph a, Code 24 2024, is amended to read as follows: 25 a. If the proposition to establish a new school district 26 carries under the method provided in this chapter , the area 27 education agency administrator with whom the petition was filed 28 director of the department of education shall give written 29 notice of a proposed date for a special election for directors 30 of the newly formed school district to the commissioner 31 of elections of the county in the district involved in the 32 reorganization which has the greatest taxable base. The 33 proposed date shall be as soon as possible pursuant to section 34 39.2, subsections 1 and 2 , and section 47.6, subsections 1 35 -79- LSB 5189XL (14) 90 jda/jh 79/ 123
S.F. _____ H.F. _____ and 2 , but not later than the third Tuesday in January of the 1 calendar year in which the reorganization takes effect. 2 Sec. 111. Section 275.25, subsection 2, paragraph b, Code 3 2024, is amended to read as follows: 4 b. The county board of supervisors shall canvass the votes 5 and the county commissioner of elections shall report the 6 results to the area education agency administrator director of 7 the department of education who shall notify the persons who 8 are elected directors. 9 Sec. 112. Section 275.25, subsection 4, Code 2024, is 10 amended to read as follows: 11 4. The board of the newly formed district shall organize 12 within fifteen days after the special election upon the call 13 of the area education agency administrator director of the 14 department of education . The new board shall have control of 15 the employment of personnel for the newly formed district for 16 the next following school year under section 275.33 . Following 17 the first organizational meeting of the board of the newly 18 formed district, the board may establish policy, organize 19 curriculum, enter into contracts, complete planning, and take 20 action as necessary for the efficient management of the newly 21 formed community school district. 22 Sec. 113. Section 275.26, Code 2024, is amended to read as 23 follows: 24 275.26 Payment of expenses. 25 1. If a district is established or changes its boundaries it 26 shall pay all expenses incurred by the area education agency 27 administrator and the area education agency board department 28 of education in connection with the proceedings. The county 29 commissioner of elections shall assess the costs of the 30 election against the district as provided in section 47.3 . If 31 the proposition is dismissed or defeated at the election, all 32 expenses shall be apportioned among the several districts in 33 proportion to the assessed valuation of property therein. 34 2. If the proposed district or boundary change embraces 35 -80- LSB 5189XL (14) 90 jda/jh 80/ 123
S.F. _____ H.F. _____ territory in more than one area education agency school 1 district , such expenses shall be certified to and, if 2 necessary, apportioned among the several districts by the joint 3 agency board director of the department of education . If in 4 only one agency, the certification shall be made by the agency 5 administrator. 6 3. The respective boards to which such expenses are 7 certified shall audit and order the same paid from the general 8 fund. In the event of failure of any board to so audit and 9 pay the expenses certified to it, the area education agency 10 administrator director of the department of education shall 11 certify the expenses to the county auditor in the same manner 12 as is provided for tuition claims in section 282.21 and the 13 funds shall be transferred by the county treasurer from the 14 debtor district to the agency board department of education for 15 payment of said expenses. 16 Sec. 114. Section 275.28, Code 2024, is amended to read as 17 follows: 18 275.28 Plan of division of assets and liabilities. 19 In addition to setting up the territory to comprise the 20 reorganized districts, a reorganization petition shall provide 21 for a division of assets and liabilities of the districts 22 affected among the reorganized districts. However, if 23 territory is excluded from the reorganized district by the 24 petition or by the area education agency board of directors 25 director of the department of education , the division of all 26 assets and liabilities shall be made under the provisions of 27 sections 275.29 through and 275.31. 28 Sec. 115. Section 275.39, Code 2024, is amended to read as 29 follows: 30 275.39 Excluded territory included in new petition. 31 Territory described in the petition of a proposed 32 reorganization which has been set out of the proposed 33 reorganization by the area education agency board or the joint 34 boards and in the event of an appeal, after the decision of the 35 -81- LSB 5189XL (14) 90 jda/jh 81/ 123
S.F. _____ H.F. _____ director of the department of education or the courts, may be 1 included in any new petition for reorganization. 2 Sec. 116. Section 275.41, subsections 1 and 4, Code 2024, 3 are amended to read as follows: 4 1. As an alternative to the method specified in section 5 275.25 for electing directors in a newly formed community 6 school district, the procedure specified in this section may 7 be used and if used, the petition filed under section 275.12 8 shall state the number of directors on the initial board. 9 If two districts are named in the petition, either five or 10 seven directors shall serve on the initial board. If three 11 or more districts are named in the petition, either seven or 12 nine directors shall serve on the initial board. The petition 13 shall specify the number of directors to be retained from each 14 district, and those numbers shall be proportionate to the 15 populations of the districts. If the exclusion of territory 16 from a reorganization affects the proportionate balance 17 of directors among the affected districts specified in the 18 petition, or if the proposal specified in the petition does not 19 comply with the requirement for proportionate representation, 20 the area education board director of the department of 21 education shall modify the proposal. However, all districts 22 affected shall retain at least one member. 23 4. The board of the newly formed district shall organize 24 within forty-five days after the approval of the merger upon 25 the call of the area education agency administrator director 26 of the department of education . The new board shall have 27 control of the employment of all personnel for the newly 28 formed district for the ensuing school year. Following the 29 organization of the new board the board shall have authority to 30 establish policy, organize curriculum, enter into contracts and 31 complete such planning and take such action as is essential for 32 the efficient management of the newly formed community school 33 district. 34 Sec. 117. Section 275.51, subsection 4, Code 2024, is 35 -82- LSB 5189XL (14) 90 jda/jh 82/ 123
S.F. _____ H.F. _____ amended to read as follows: 1 4. The board of the school district shall certify to 2 the area education agency board director of the department 3 of education that a commission has been formed, the 4 names and addresses of commission members, and that the 5 commission members represent the various geographic areas and 6 socioeconomic factors present in the district. 7 Sec. 118. Section 275.52, subsection 3, Code 2024, is 8 amended to read as follows: 9 3. The commission may seek assistance from the area 10 education agency and the department of education. 11 Sec. 119. Section 275.54, subsection 4, paragraph a, Code 12 2024, is amended to read as follows: 13 a. If the board of a district to which area of the 14 dissolving school district will be attached objects to 15 the division of assets and liabilities contained in the 16 dissolution proposal, the matter shall be decided by a panel 17 of disinterested arbitrators. The panel shall consist of one 18 arbitrator selected jointly by affected districts objecting 19 to the provisions of the dissolution proposal, one selected 20 jointly by the affected districts in favor of the provisions of 21 the dissolution proposal, and one selected by the dissolving 22 district. If the number of arbitrators selected is even, a 23 disinterested arbitrator shall be selected by the administrator 24 of the area education agency to which the dissolving district 25 belongs director of the department of education . The decision 26 of the arbitrators shall be made in writing and filed with 27 the secretary of each affected school district. A party to 28 the proceedings may appeal the decision to the district court 29 by serving notice on the secretary of each affected school 30 district within twenty days after the decision is filed. 31 The appeal shall be tried in equity and a decree entered 32 determining the entire matter, including the levy, collection, 33 and distribution of any necessary taxes. 34 Sec. 120. Section 276.10, subsection 5, Code 2024, is 35 -83- LSB 5189XL (14) 90 jda/jh 83/ 123
S.F. _____ H.F. _____ amended to read as follows: 1 5. The school districts may cooperate with community 2 colleges , and institutions under the control of the state board 3 of regents , and area education agencies in providing community 4 education programs. 5 Sec. 121. Section 279.6, subsection 1, paragraph b, 6 subparagraph (4), Code 2024, is amended to read as follows: 7 (4) Notwithstanding any requirement of this paragraph to 8 the contrary, when the board is reduced below a quorum, the 9 secretary of the board, or if there is no secretary, the area 10 education agency administrator director of the department of 11 education , shall call a special election in the district, 12 subdistrict, or subdistricts, as the case may be, to fill the 13 vacancies. 14 Sec. 122. Section 279.7, subsection 1, Code 2024, is amended 15 to read as follows: 16 1. If a vacancy or vacancies occur among the elective 17 officers or members of a school board and the remaining members 18 of the board have not filled the vacancy within thirty days 19 after the vacancy occurs or if a valid petition is submitted 20 to the secretary of the board pursuant to section 279.6, 21 subsection 1 , or when the board is reduced below a quorum, 22 the secretary of the board, or if there is no secretary, 23 the area education agency administrator director of the 24 department of education , shall call a special election in the 25 district, subdistrict, or subdistricts, as the case may be, 26 to fill the vacancy or vacancies. The county commissioner of 27 elections shall publish the notices required by law for special 28 elections, and the election shall be held not sooner than 29 thirty days nor later than forty days after the thirtieth day 30 following the day the vacancy occurs. If the secretary fails 31 for more than three days to call an election, the administrator 32 director of the department of education shall call it. 33 Sec. 123. Section 279.23, subsection 4, Code 2024, is 34 amended to read as follows: 35 -84- LSB 5189XL (14) 90 jda/jh 84/ 123
S.F. _____ H.F. _____ 4. For purposes of this section and sections 279.23A , 1 279.24 , and 279.25 , the term administrator includes school 2 superintendents, assistant superintendents, educational 3 directors employed by school districts for grades kindergarten 4 through twelve, educational directors employed by area 5 education agencies under chapter 273 , principals, assistant 6 principals, other certified school supervisors employed 7 by school districts for grades kindergarten through twelve 8 as defined under section 20.4 , and other certified school 9 supervisors employed by area education agencies under chapter 10 273 . For purposes of this section and sections 279.23A , 11 279.24 , and 279.25 , with regard to community college employees, 12 administrator includes the administrator of an instructional 13 division or an area of instructional responsibility, and the 14 administrator of an instructional unit, department, or section. 15 Sec. 124. Section 279.30, Code 2024, is amended to read as 16 follows: 17 279.30 Payments exceptions. 18 Each payment must be made payable to the person entitled to 19 receive the money or deposited directly into an account at a 20 financial institution, as defined in section 527.2 , specified 21 by the person entitled to receive the money. The board of 22 directors of a school district or an executive director of 23 an area education agency may by resolution authorize the 24 secretary, upon approval of the superintendent or designee, 25 or administrator executive director , in the case of an area 26 education agency, to issue payments when the board of directors 27 is not in session in payment of reasonable and necessary 28 expenses, but only upon verified bills filed with the secretary 29 or administrator executive director , and for the payment of 30 salaries pursuant to the terms of a written contract. Each 31 payment must be made payable only to the person performing 32 the service or presenting the verified bill, and must state 33 the purpose for which the payment is issued. All bills and 34 salaries for which payments are issued prior to audit and 35 -85- LSB 5189XL (14) 90 jda/jh 85/ 123
S.F. _____ H.F. _____ allowance by the board must be passed upon by the board of 1 directors at the next meeting and be entered in the regular 2 minutes of the secretary. 3 Sec. 125. Section 279.50, subsection 8, Code 2024, is 4 amended by striking the subsection. 5 Sec. 126. Section 279.51, subsection 1, paragraph a, Code 6 2024, is amended to read as follows: 7 a. Two hundred seventy-five thousand eight hundred 8 sixty-four dollars of the funds appropriated shall be allocated 9 to the area education agencies child development coordinating 10 council to assist school districts in developing program plans 11 and budgets under this section and to assist school districts 12 and child development programs under section 256A.3 in meeting 13 other responsibilities in early childhood education. 14 Sec. 127. Section 279.51A, subsection 3, Code 2024, is 15 amended to read as follows: 16 3. If the student whose behavior caused the classroom 17 clearance has an individualized education program or a 18 behavioral intervention plan, the classroom teacher shall call 19 for and be included in a review and potential revision of 20 the students individualized education program or behavioral 21 intervention plan by the students individualized education 22 program team. The area education agency, in collaboration 23 with the school district and area education agency, if the 24 area education agency is providing special education services 25 to the school district pursuant to section 273.7A , may, 26 when the parent or guardian meets with the individualized 27 education program team during the reevaluation of the students 28 individualized education program, inform the parent or guardian 29 of individual or family counseling services available in the 30 area. 31 Sec. 128. Section 280.19A, subsections 1 and 2, Code 2024, 32 are amended to read as follows: 33 1. Each school district shall adopt a plan to provide 34 alternative options education programs to students who are 35 -86- LSB 5189XL (14) 90 jda/jh 86/ 123
S.F. _____ H.F. _____ either at risk of dropping out or have dropped out. An 1 alternative options education program may be provided in a 2 district, through a sharing agreement with a school in a 3 contiguous district, or through an areawide program available 4 at the community college serving the merged area in which 5 the school district is located. Each area education agency 6 shall provide assistance in establishing a plan to provide 7 alternative education options to students attending a public 8 school in a district served by the agency. 9 2. When a plan is developed, the district shall be 10 responsible for the operation of the program and shall 11 reimburse the area education agency for the actual costs 12 incurred by the area education agency under this section . 13 Sec. 129. Section 280.29, subsection 1, paragraph a, Code 14 2024, is amended to read as follows: 15 a. Work with an area education agency child welfare 16 liaison, if the area education agency has employed such a 17 liaison in accordance with section 273.2, subsection 10 8 , to 18 develop systems to ease the enrollment transition of a child 19 adjudicated under chapter 232 or receiving foster care services 20 to another school. 21 Sec. 130. Section 280A.4, subsection 6, Code 2024, is 22 amended to read as follows: 23 6. A school district, an accredited nonpublic school, 24 an area education agency, the board of directors of a school 25 district or an area education agency , authorities in charge of 26 the accredited nonpublic school, and employees of the school 27 district, accredited nonpublic school or area education agency, 28 shall not be liable for any injury arising from the provision 29 of voluntary behavioral health screenings or behavioral health 30 services in accordance with this chapter , provided such person 31 has acted reasonably and in good faith and in accordance with 32 the provisions of this chapter . 33 Sec. 131. Section 282.7, subsection 3, Code 2024, is amended 34 to read as follows: 35 -87- LSB 5189XL (14) 90 jda/jh 87/ 123
S.F. _____ H.F. _____ 3. Notwithstanding sections 28E.9 and 282.8 , a school 1 district may negotiate an agreement under subsection 1 for 2 attendance of its pupils in a school district located in a 3 contiguous state subject to a reciprocal agreement by the two 4 state boards in the manner provided in this subsection . Prior 5 to negotiating an agreement with the school district in the 6 contiguous state, the board of directors shall file a written 7 request with the state board of education for a determination 8 whether the school district in the contiguous state meets 9 requirements substantially similar to those required for 10 accredited or approved school districts in this state and 11 the school district receives or has available services 12 equivalent to those that would be provided in this state by 13 an area education agency . The school district shall also 14 obtain approval by the department of education of the sharing 15 proposal, before the agreement becomes effective. Six months 16 before making the request for approval, the district shall 17 request a feasibility study from the department of education. 18 If the state board of this state and the corresponding 19 state board in the contiguous state agree that the school 20 districts of their respective states meet substantially similar 21 requirements and have substantially similar services available 22 to the school district, and if the Iowa department of education 23 approves the proposed contract, the two state boards may sign 24 a reciprocal agreement for attendance of their pupils in the 25 school district of the other state, subject to the agreement 26 signed between the boards of directors of the two districts. 27 A school district that negotiates an agreement with a school 28 district in a contiguous state under this subsection is not 29 eligible for supplementary weighting under section 257.11 as a 30 result of that agreement. 31 Sec. 132. Section 284.2, subsection 9, Code 2024, is amended 32 to read as follows: 33 9. School board means the board of directors of a school 34 district , or a collaboration of boards of directors of school 35 -88- LSB 5189XL (14) 90 jda/jh 88/ 123
S.F. _____ H.F. _____ districts, or the board of directors of an area education 1 agency, as the context requires. 2 Sec. 133. Section 284.3A, subsection 1, paragraphs a and b, 3 Code 2024, are amended to read as follows: 4 a. For the school year beginning July 1, 2009, if the 5 licensed employees of a school district or area education 6 agency receiving funds pursuant to sections 257.10 and 257.37A 7 are organized under chapter 20 for collective bargaining 8 purposes, the school board or the area education agency and 9 the certified bargaining representative for the licensed 10 employees shall negotiate the distribution of the funds 11 among the teachers employed by the school district or area 12 education agency according to chapter 20 . The department of 13 administrative services shall be the chief negotiator for the 14 area education agency. 15 b. If the licensed employees of a school district or area 16 education agency are not organized for collective bargaining 17 purposes, the board of directors or the area education agency 18 shall determine the method of distribution of such funds. 19 Sec. 134. Section 284.3A, subsection 2, paragraph c, Code 20 2024, is amended to read as follows: 21 c. If the licensed employees of a school district or area 22 education agency are not organized for collective bargaining 23 purposes, the board of directors or the area education agency 24 shall create the new combined salary. The board of directors 25 or the area education agency shall determine adjustments in 26 salaries resulting from a reduction in the teacher salary 27 supplement per pupil amount. 28 Sec. 135. Section 284.6, subsections 6 and 10, Code 2024, 29 are amended to read as follows: 30 6. School districts, a consortium of school districts, 31 area education agencies, higher education institutions, 32 and other public or private entities including professional 33 associations may be approved by the state board to provide 34 teacher professional development. The professional development 35 -89- LSB 5189XL (14) 90 jda/jh 89/ 123
S.F. _____ H.F. _____ program or offering shall, at minimum, meet the requirements 1 of subsection 1 . The state board shall adopt rules for the 2 approval of professional development providers and standards 3 for the district development plan. 4 10. If funds are allocated for purposes of professional 5 development pursuant to section 284.13, subsection 1 , paragraph 6 c , the department shall , in collaboration with the area 7 education agencies, establish teacher development academies for 8 school-based teams of teachers and instructional leaders. Each 9 academy shall include an institute and shall provide follow-up 10 training and coaching. 11 Sec. 136. Section 284.6A, subsection 2, paragraph a, Code 12 2024, is amended to read as follows: 13 a. A school district or accredited nonpublic school, or a 14 collaborative of one or more school districts, and accredited 15 nonpublic schools, and area education agencies, may apply to 16 the department, in the manner prescribed by the department, to 17 receive moneys from the fund to provide proven professional 18 development activities for Iowa teachers in the area of 19 computer science education. 20 Sec. 137. Section 284.13, subsection 1, paragraph d, 21 subparagraph (3), Code 2024, is amended to read as follows: 22 (3) Of the moneys allocated to the department for the 23 purposes of this paragraph d , for each fiscal year included 24 in subparagraph (1), not more than six hundred twenty-six 25 thousand one hundred ninety-one dollars shall be used by 26 the department for the development of a delivery system , in 27 collaboration with area education agencies, to assist in 28 implementing the career paths and leadership roles considered 29 pursuant to sections 284.15 , 284.16 , and 284.17 , including but 30 not limited to planning grants to school districts and area 31 education agencies, technical assistance for the department, 32 technical assistance for districts and area education agencies, 33 training and staff development, and the contracting of external 34 expertise and services. In using moneys allocated for purposes 35 -90- LSB 5189XL (14) 90 jda/jh 90/ 123
S.F. _____ H.F. _____ of this subparagraph (3), the department shall give priority to 1 school districts with certified enrollments of fewer than six 2 hundred students. A portion of the moneys allocated annually 3 to the department for purposes of this subparagraph (3) may be 4 used by the department for administrative purposes and for not 5 more than five full-time equivalent positions. 6 Sec. 138. Section 284.13, subsection 1, paragraph f, Code 7 2024, is amended to read as follows: 8 f. For the fiscal year beginning July 1, 2023, and ending 9 June 30, 2024, to the department an amount up to six hundred 10 twenty-six thousand one hundred ninety-one dollars shall be 11 used by the department for a delivery system , in collaboration 12 with area education agencies, to assist in implementing the 13 career paths and leadership roles considered pursuant to 14 sections 284.15 , 284.16 , and 284.17 , including but not limited 15 to planning grants to school districts and area education 16 agencies, technical assistance for the department, technical 17 assistance for districts and area education agencies, training 18 and staff development, and the contracting of external 19 expertise and services. In using moneys allocated for purposes 20 of this paragraph, the department shall give priority to school 21 districts with certified enrollments of fewer than six hundred 22 students. A portion of the moneys allocated annually to the 23 department for purposes of this paragraph may be used by the 24 department for administrative purposes and for not more than 25 five full-time equivalent positions. 26 Sec. 139. Section 284.15, subsection 12, paragraph a, 27 subparagraph (1), subparagraph division (d), Code 2024, is 28 amended to read as follows: 29 (d) One person appointed jointly by the administrators 30 executive directors of the area education agencies created 31 under chapter 273 . 32 Sec. 140. Section 284.16, subsection 1, paragraph c, 33 subparagraph (4), Code 2024, is amended to read as follows: 34 (4) Instructional coaching shall include detailed 35 -91- LSB 5189XL (14) 90 jda/jh 91/ 123
S.F. _____ H.F. _____ preliminary discussions as to areas in which the teachers 1 being coached desire to improve; formulation of an action 2 plan to bring about such improvement; in-class supervision 3 by the instructional coach; postclass discussion of 4 strengths, weaknesses, and strategies for improvement; and 5 dialogue between the instructional coach and students and 6 school officials regarding the teachers being coached. An 7 instructional coach shall coordinate instructional coaching 8 activities relating to training and professional development 9 with an area education agency where appropriate. 10 Sec. 141. Section 284A.2, subsections 1 and 7, Code 2024, 11 are amended to read as follows: 12 1. Administrator means an individual holding a 13 professional administrator license issued under chapter 14 256, subchapter VII, part 3, who is employed in a school 15 district administrative position by a school district or area 16 education agency pursuant to a contract issued by a board of 17 directors under section 279.23 and is engaged in instructional 18 leadership. An administrator may be employed in both an 19 administrative and a nonadministrative position by a board of 20 directors and shall be considered a part-time administrator 21 for the portion of time that the individual is employed in an 22 administrative position. 23 7. Mentor means an individual employed by a school 24 district or area education agency as a school district 25 administrator or a retired administrator who holds a valid 26 license issued under chapter 256, subchapter VII, part 3 . The 27 individual must have a record of four years of successful 28 administrative experience and must demonstrate professional 29 commitment to both the improvement of teaching and learning and 30 the development of beginning administrators. 31 Sec. 142. Section 284A.5, subsections 4 and 5, Code 2024, 32 are amended to read as follows: 33 4. A beginning administrator shall be informed by the school 34 district or the area education agency , prior to the beginning 35 -92- LSB 5189XL (14) 90 jda/jh 92/ 123
S.F. _____ H.F. _____ administrators participation in a mentoring and induction 1 program, of the criteria upon which the administrator will be 2 evaluated and of the evaluation process utilized by the school 3 district or area education agency . 4 5. By the end of a beginning administrators first year of 5 employment, the beginning administrator may be comprehensively 6 evaluated to determine if the administrator meets expectations 7 to move to a professional administrator license, where 8 appropriate. The school district or area education agency that 9 employs a beginning administrator shall recommend the beginning 10 administrator for a professional administrator license, where 11 appropriate, if the beginning administrator is determined 12 through a comprehensive evaluation to demonstrate competence in 13 the Iowa standards for school administrators adopted pursuant 14 to section 256.7, subsection 27 . A school district or area 15 education agency may allow a beginning administrator a second 16 year to demonstrate competence in the Iowa standards for school 17 administrators if, after conducting a comprehensive evaluation, 18 the school district or area education agency determines 19 that the administrator is likely to successfully demonstrate 20 competence in the Iowa standards for school administrators by 21 the end of the second year. Upon notification by the school 22 district or area education agency , the board of educational 23 examiners shall grant a beginning administrator who has been 24 allowed a second year to demonstrate competence a one-year 25 extension of the beginning administrators initial license. An 26 administrator granted a second year to demonstrate competence 27 shall undergo a comprehensive evaluation at the end of the 28 second year. 29 Sec. 143. Section 284A.6, subsections 1 and 2, Code 2024, 30 are amended to read as follows: 31 1. Each school district shall be responsible for the 32 provision of professional growth programming for individuals 33 employed in a school district administrative position by the 34 school district or area education agency as deemed appropriate 35 -93- LSB 5189XL (14) 90 jda/jh 93/ 123
S.F. _____ H.F. _____ by the board of directors of the school district or area 1 education agency . School districts may collaborate with other 2 educational stakeholders including other school districts, 3 area education agencies, professional organizations, higher 4 education institutions, and private providers regarding the 5 provision of professional development for school district 6 administrators. Professional development programming for 7 school district administrators may include support that meets 8 the professional development needs of individual administrators 9 aligned to the Iowa standards for school administrators adopted 10 pursuant to section 256.7, subsection 27 , and meets individual 11 administrator professional development plans. 12 2. In cooperation with the administrators evaluator, 13 the administrator who has a professional administrator 14 license issued by the board of educational examiners pursuant 15 to chapter 256, subchapter VII, part 3, and is employed 16 by a school district or area education agency in a school 17 district administrative position shall develop an individual 18 administrator professional development plan. The purpose 19 of the plan is to promote individual and group professional 20 development. The individual plan shall be based, at a minimum, 21 on the needs of the administrator, the Iowa standards for 22 school administrators adopted pursuant to section 256.7, 23 subsection 27 , and the student achievement goals of the 24 attendance center and the school district. 25 Sec. 144. Section 285.1, subsections 6, 7, 9, and 13, Code 26 2024, are amended to read as follows: 27 6. When the school designated for attendance of pupils 28 is engaged in the transportation of pupils, the sending or 29 designating school shall use these facilities and pay the pro 30 rata cost of transportation except that a district sending 31 pupils to another school may make other arrangements when it 32 can be shown that such arrangements will be more efficient and 33 economical than to use facilities of the receiving school , 34 providing such arrangements are approved by the board of the 35 -94- LSB 5189XL (14) 90 jda/jh 94/ 123
S.F. _____ H.F. _____ area education agency . 1 7. If a local board closes either elementary or high school 2 facilities and is approved by the board of the area education 3 agency to operate its own transportation equipment , the full 4 cost of transportation shall be paid by the board for all 5 pupils living beyond the statutory walking distance from the 6 school designated for attendance. 7 9. Distance to school or to a bus route shall in all 8 cases be measured on the public highway only and over the 9 most passable and safest route as determined by the area 10 education agency board , starting in the roadway opposite the 11 private entrance to the residence of the pupil and ending in 12 the roadway opposite the entrance to the school grounds or 13 designated point on bus route. 14 13. When a local board fails to pay transportation costs 15 due to another school for transportation service rendered, the 16 board of the creditor corporation shall file a sworn statement 17 with the area education agency board department of education 18 specifying the amount due. The agency board department of 19 education shall check such claim and if the claim is valid 20 shall certify to the county auditor. The auditor shall 21 transmit to the county treasurer an order directing the county 22 treasurer to transfer the amount of such claim from the funds 23 of the debtor corporation to the creditor corporation and the 24 treasurer shall pay the same accordingly. 25 Sec. 145. Section 285.1, subsection 16, paragraphs b and c, 26 Code 2024, are amended to read as follows: 27 b. As an alternative to paragraph a of this subsection , 28 subject to section 285.9, subsection 3 , where practicable, 29 and at the option of the public school district in which 30 a nonpublic school pupil resides, the school district 31 may transport a nonpublic school pupil to a nonpublic 32 school located outside the boundary lines of the public 33 school district if the nonpublic school is located in a 34 school district contiguous to the school district which is 35 -95- LSB 5189XL (14) 90 jda/jh 95/ 123
S.F. _____ H.F. _____ transporting the nonpublic school pupils, or may contract with 1 the contiguous public school district in which a nonpublic 2 school is located for the contiguous school district to 3 transport the nonpublic school pupils to the nonpublic school 4 of attendance within the boundary lines of the contiguous 5 school district. 6 c. If the nonpublic school designated for attendance of 7 a pupil is located outside the boundary line of the school 8 district of the pupils residence and the district of residence 9 meets the requirements of subsections 14 , 15 , and this 10 subsection by using subsection 17 , paragraph c , and the 11 district in which the nonpublic school is located is contiguous 12 to the district of the pupils residence and is willing to 13 provide transportation under subsection 17 , paragraph a or 14 b , the district in which the nonpublic school is located may 15 provide transportation services, subject to section 285.9, 16 subsection 3 , and may make the claim for reimbursement under 17 section 285.2 . The district in which the nonpublic school is 18 located shall notify the district of the pupils residence that 19 it is making the claim for reimbursement, and the district of 20 the pupils residence shall be relieved of the requirement 21 for providing transportation and shall not make a claim for 22 reimbursement for those nonpublic school pupils for which a 23 claim is filed by the district in which the nonpublic school 24 is located. 25 Sec. 146. Section 285.2, subsection 4, Code 2024, is amended 26 to read as follows: 27 4. a. Claims shall be allowed where practical, and at the 28 option of the public school district of the pupils residence, 29 subject to approval by the area education agency of the pupils 30 residence, under section 285.9, subsection 3 , the public school 31 district of the pupils residence may transport a pupil to a 32 school located in a contiguous public school district outside 33 the boundary lines of the public school district of the pupils 34 residence. 35 -96- LSB 5189XL (14) 90 jda/jh 96/ 123
S.F. _____ H.F. _____ b. The public school district of the pupils residence 1 may contract with the contiguous public school district or 2 with a private contractor under section 285.5 to transport the 3 pupils to the school of attendance within the boundary lines 4 of the contiguous public school district. The public school 5 district in which the pupil resides may contract with the 6 contiguous public school district or with a private contractor 7 under section 285.5 to transport the pupil from the pupils 8 residence or from designated school bus collection locations to 9 the school located within the boundary lines of the contiguous 10 public school district , subject to the approval of the area 11 education agency of the pupils residence . The public school 12 district of the pupils residence may utilize the reimbursement 13 provisions of section 285.1, subsection 3 . 14 Sec. 147. Section 285.4, Code 2024, is amended to read as 15 follows: 16 285.4 Pupils sent to another district. 17 1. When a board closes its elementary school facilities for 18 lack of pupils or by action of the board, it shall, if there 19 is a school bus service available in the area, designate for 20 attendance the school operating the buses, provided the board 21 of such school is willing to receive them and the facilities 22 and curricular offerings are adequate. The board of the 23 district where the pupils reside may with the approval of the 24 area education agency board , subject to legal limitations and 25 established uniform standards, designate another rural school 26 and provide their own transportation if the transportation 27 costs will be less than to use the established bus service. 28 2. All designations must be submitted to the area education 29 agency board on or before July 15, for review and approval. 30 The agency board shall after due investigation alter or change 31 designations to make them conform to legal requirements and 32 established uniform standards for making designations and for 33 locating and establishing bus routes. After designations are 34 made, they will remain the same from year to year except that 35 -97- LSB 5189XL (14) 90 jda/jh 97/ 123
S.F. _____ H.F. _____ on or before July 15, of each year, the rural board or parents 1 may petition the agency board for a change of designation to 2 another school. Appeals from the decision of the agency board 3 on designations may be made by either the parents or board to 4 the director of the department of education as provided in 5 section 285.12 and section 285.13 . 6 Sec. 148. Section 285.8, subsection 2, Code 2024, is amended 7 by striking the subsection. 8 Sec. 149. Section 285.8, subsection 3, Code 2024, is amended 9 to read as follows: 10 3. Establish uniform standards for locating and operating 11 bus routes and for the protection of the health and safety of 12 pupils transported , and provide technical assistance on the 13 implementation of those standards . 14 Sec. 150. Section 285.12, Code 2024, is amended to read as 15 follows: 16 285.12 Disputes hearings and appeals. 17 In the event of a disagreement between a school patron and 18 the board of the school district, or between the boards of two 19 or more school districts, the patron if dissatisfied with the 20 decision of the district board, party may appeal to the area 21 education agency board, notifying the secretary of the district 22 in writing within ten days of the decision of the board and by 23 filing an affidavit of appeal with the agency board within the 24 ten-day period director of the department of education within 25 ten days of the decision of the board of the school district 26 by filing an affidavit of appeal with the board of the school 27 district . The affidavit of appeal shall include the reasons 28 for the appeal and points at issue. The secretary of the local 29 board on receiving notice of appeal shall certify all papers 30 to the agency board which director, who shall hear the appeal 31 within ten days of the receipt of the papers and decide it 32 within three days of the conclusion of the hearing and shall 33 immediately notify all parties of its the directors decision 34 and return all papers . Either party may appeal the decision of 35 -98- LSB 5189XL (14) 90 jda/jh 98/ 123
S.F. _____ H.F. _____ the agency board to the director of the department of education 1 by notifying the opposite party and the agency administrator 2 in writing within five days after receipt of notice of the 3 decision of the agency board and by filing with the director 4 of the department of education an affidavit of appeal, reasons 5 for appeal, and the facts involved in the disagreement within 6 five days after receipt of notice of the decision of the agency 7 board. The agency administrator shall, within ten days of 8 receipt of the notice, file with the director all records and 9 papers pertaining to the case, including action of the agency 10 board. The director shall hear the appeal within fifteen 11 days of the filing of the records in the directors office, 12 notifying all parties and the agency administrator of the date 13 and time of hearing. The director shall notify all parties of 14 the decision and return all papers with a copy of the decision 15 to the agency administrator. The decision of the director 16 shall be subject to judicial review in accordance with chapter 17 17A . Pending final order made by the director, upon any appeal 18 prosecuted to such director, the order of the agency board of 19 the school district from which the appeal is taken shall be 20 operative and be in full force and effect. 21 Sec. 151. Section 285.15, Code 2024, is amended to read as 22 follows: 23 285.15 Forfeiture of reimbursement rights. 24 The failure of any local district to comply with the 25 provisions of this chapter or any other laws relating to the 26 transportation of pupils, or any rules made by the department 27 of education under this chapter or the final decisions of the 28 area education agency board , or the final decisions of the 29 department of education shall during the period such failure 30 to comply existed forfeit the rights to collect transportation 31 costs from school or parents while operating in such illegal 32 manner. Any superintendent, board, or board member who 33 knowingly operates or permits to be operated any school 34 bus transporting public school pupils in violation of any 35 -99- LSB 5189XL (14) 90 jda/jh 99/ 123
S.F. _____ H.F. _____ school transportation law shall be deemed guilty of a simple 1 misdemeanor. 2 Sec. 152. Section 297.8, Code 2024, is amended to read as 3 follows: 4 297.8 Emergency repairs. 5 When emergency repairs costing more than the competitive 6 bid threshold in section 26.3 , or as established in section 7 314.1B , are necessary in order to ensure the continued use 8 of any school or school facility, the provisions of the law 9 with reference to advertising for bids shall not apply, and in 10 that event the board may contract for such emergency repairs 11 without advertising for bids. However, before such emergency 12 repairs can be made to any schoolhouse or school facility, 13 it shall be necessary to procure a certificate from the area 14 education agency administrator director of the department of 15 education that such emergency repairs are necessary to ensure 16 the continued use of the school or school facility. 17 Sec. 153. Section 297.22, subsection 2, paragraph a, Code 18 2024, is amended to read as follows: 19 a. The board of directors of a school district may sell, 20 lease, exchange, give, or grant, and accept any interest 21 in real property to, with, or from a county, municipal 22 corporation, school district, township, or area education 23 agency the department of administrative services if the real 24 property is within the jurisdiction of both the grantor and 25 grantee. 26 Sec. 154. Section 299.3, Code 2024, is amended to read as 27 follows: 28 299.3 Reports from accredited nonpublic schools. 29 Within ten days from receipt of notice from the secretary of 30 the school district within which an accredited nonpublic school 31 is conducted, the principal of the accredited nonpublic school 32 shall, once during each school year, and at any time when 33 requested in individual cases, furnish to the secretary of the 34 public school district, within which the accredited nonpublic 35 -100- LSB 5189XL (14) 90 jda/jh 100/ 123
S.F. _____ H.F. _____ school is located, a certificate and report in duplicate on 1 forms provided by the public school district of the names and 2 ages of each pupil of the accredited nonpublic school who 3 is of compulsory attendance age and the grade level of each 4 pupil, during the preceding year and from the time of the last 5 preceding report to the time at which a report is required. In 6 addition, the report shall identify all students of compulsory 7 attendance age who were truant as defined by law or school 8 policy and the number of days of truancy for the period covered 9 by the report, and children who dropped out, withdrew from 10 enrollment, or transferred to another Iowa school and the date 11 their attendance ceased at the accredited nonpublic school. 12 The secretary shall retain one of the reports and file the 13 other with the secretary of the area education agency . 14 Sec. 155. Section 299.4, subsection 1, Code 2024, is amended 15 to read as follows: 16 1. The parent, guardian, or legal custodian of a child 17 who is of compulsory attendance age, who places the child 18 under competent private instruction under section 299A.2 , not 19 in an accredited school or a home school assistance program 20 operated by a school district or accredited nonpublic school, 21 shall furnish a report in duplicate on forms provided by the 22 public school district, to the district by September 1 of the 23 school year in which the child will be under competent private 24 instruction. The secretary shall retain and file one copy and 25 forward the other copy to the districts area education agency 26 report . The report shall state the name and age of the child, 27 the period of time during which the child has been or will be 28 under competent private instruction for the year, an outline 29 of the course of study, texts used, and the name and address 30 of the instructor. The parent, guardian, or legal custodian 31 of a child, who is placing the child under competent private 32 instruction for the first time, shall also provide the district 33 with evidence that the child has had the immunizations required 34 under section 139A.8 , and, if the child is elementary school 35 -101- LSB 5189XL (14) 90 jda/jh 101/ 123
S.F. _____ H.F. _____ age, a blood lead test in accordance with section 135.105D . 1 The term outline of course of study shall include subjects 2 covered, lesson plans, and time spent on the areas of study. 3 Sec. 156. Section 299A.4, subsections 3 and 6, Code 2024, 4 are amended to read as follows: 5 3. The director of the department of education, or the 6 directors designee, which may include a school district or an 7 area education agency , shall conduct the evaluations required 8 under subsections 1 and 2 for children under competent private 9 instruction. Evaluation shall occur at a time and a place to 10 be determined by the person responsible for conducting the 11 evaluation. Persons conducting the evaluations shall make 12 every reasonable effort to conduct the evaluations at times and 13 places which are convenient for the parent, guardian, or legal 14 custodian. 15 6. A school district or area education agency shall, if 16 requested, administer the annual achievement evaluation at no 17 cost to the parent, guardian, or legal custodian of the child 18 being evaluated, and, in addition, the parent, guardian, or 19 legal custodian is not required to reimburse the evaluating 20 entity for costs incurred as a result of evaluation under 21 section 299A.9 . The administration of the annual achievement 22 evaluation shall not constitute a dual enrollment purpose under 23 section 299A.8 . 24 Sec. 157. Section 301.28, subsections 2 and 3, Code 2024, 25 are amended to read as follows: 26 2. An area education agency executive director, officer, 27 or teacher shall not act as an agent for school textbooks or 28 school supplies, including sports apparel or equipment, in any 29 transaction with a director, officer, or other staff member 30 of the area education agency or any school district located 31 within the area education agency during such time of office or 32 employment. 33 3. A school district or area education agency executive 34 director, officer, or teacher who acts as agent or dealer in 35 -102- LSB 5189XL (14) 90 jda/jh 102/ 123
S.F. _____ H.F. _____ school textbooks or school supplies during the persons term 1 of office or employment in violation of this section shall be 2 deemed guilty of a serious misdemeanor. 3 Sec. 158. REPEAL. Sections 257.47, 257.48, 257.49, 275.16, 4 275.27, 275.30, 285.9, and 285.13, Code 2024, are repealed. 5 DIVISION VII 6 CONFORMING CHANGES MISCELLANEOUS 7 Sec. 159. Section 8A.202, subsection 1, paragraph e, Code 8 2024, is amended to read as follows: 9 e. Develop and approve, in consultation with the area 10 education agency media centers and the commission, a 11 biennial unified plan of service and service delivery for the 12 department. 13 Sec. 160. Section 8A.203, subsection 1, paragraph a, 14 subparagraph (4), Code 2024, is amended to read as follows: 15 (4) One member shall be employed as a librarian by a school 16 district or area education agency . 17 Sec. 161. Section 8D.13, subsection 3, Code 2024, is amended 18 to read as follows: 19 3. The financing for the procurement costs for the entirety 20 of Part I except for the communications connections between 21 central switching and institutions under the control of 22 the board of regents, and nonprofit institutions of higher 23 education eligible for tuition grants, and for the video, 24 data, and voice capacity for state agencies and for Part II 25 and Part III, shall be provided by the state. The financing 26 for the procurement and maintenance costs for Part III shall 27 be provided by the state. A local school board, governing 28 authority of a nonpublic school, or an area education agency 29 board may elect to provide one hundred percent of the financing 30 for the procurement and maintenance costs for Part III to 31 become part of the network. The basis for the amount of state 32 financing is one hundred percent of a single interactive 33 audio and interactive video connection for Part III, and 34 such data and voice capacity as is necessary. If a school 35 -103- LSB 5189XL (14) 90 jda/jh 103/ 123
S.F. _____ H.F. _____ board, governing authority of a nonpublic school, or area 1 education agency board elects to provide one hundred percent 2 of the financing for the leasing costs for Part III, the 3 school district or area education agency may become part of 4 the network as soon as the network can reasonably connect the 5 district or agency. A local school board, governing authority 6 of a nonpublic school, or an area education agency board may 7 also elect not to become part of the network. Construction of 8 Part III, related to a school board , or governing authority 9 of a nonpublic school , or area education agency board which 10 provides one hundred percent of the financing for the leasing 11 costs for Part III, may proceed as determined by the commission 12 and consistent with the purpose of this chapter . 13 Sec. 162. Section 73.18, Code 2024, is amended to read as 14 follows: 15 73.18 Notice of solicitation for bids identification of 16 targeted small businesses. 17 The director of each agency or department, the administrator 18 executive director of each area education agency, the president 19 of each community college, and the superintendent of each 20 school district releasing a solicitation for bids or request 21 for proposal under the targeted small business procurement goal 22 program shall consult a directory of certified targeted small 23 businesses produced by the economic development authority that 24 lists all certified targeted small businesses by category of 25 goods or services provided prior to or upon release of the 26 solicitation and shall send a copy of the request for proposal 27 or solicitation to any appropriate targeted small business 28 listed in the directory. The economic development authority 29 may charge the department, agency, area education agency, 30 community college, or school district a reasonable fee to 31 cover the cost of producing, distributing, and updating the 32 directory. 33 Sec. 163. Section 74.1, subsection 5, Code 2024, is amended 34 by striking the subsection. 35 -104- LSB 5189XL (14) 90 jda/jh 104/ 123
S.F. _____ H.F. _____ Sec. 164. Section 84A.16, subsection 3, paragraph a, Code 1 2024, is amended to read as follows: 2 a. The department of workforce development shall 3 establish and facilitate a steering committee comprised 4 of representatives from the department of education, the 5 economic development authority, the community colleges, the 6 institutions under the control of the state board of regents, 7 accredited private institutions, area education agencies, 8 school districts, the workplace learning connection, and an 9 apprenticeship sponsor as defined in section 84E.2 . The 10 steering committee shall be responsible for the development 11 and implementation of the statewide work-based learning 12 intermediary network. 13 Sec. 165. Section 143.1, Code 2024, is amended to read as 14 follows: 15 143.1 Authority to employ. 16 Any local board of health, area education agency board , 17 or the school board of any school district may employ public 18 health nurses at periods each year and in numbers as deemed 19 advisable. The council of any city, or the school board of 20 any school district, or any of them acting in cooperation, may 21 contract with any nonprofit nurses association for public 22 health nursing service. The compensation and expenses shall 23 be paid out of the general fund of the political subdivision 24 employing nurses. 25 Sec. 166. Section 216B.3, Code 2024, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 9A. Operate and manage a library loan 28 program for the benefit of students enrolled in school 29 districts and nonpublic schools in the state. 30 Sec. 167. Section 225C.51, subsection 1, paragraph e, 31 subparagraph (5), Code 2024, is amended to read as follows: 32 (5) One member shall be an administrator executive director 33 of an area education agency. 34 Sec. 168. Section 256A.2, subsection 1, paragraph c, Code 35 -105- LSB 5189XL (14) 90 jda/jh 105/ 123
S.F. _____ H.F. _____ 2024, is amended to read as follows: 1 c. An early childhood specialist of an area education agency 2 selected by the area education agency administrators executive 3 directors . 4 Sec. 169. Section 256B.2, subsection 5, Code 2024, is 5 amended to read as follows: 6 5. Moneys received by the school district of the childs 7 residence for the childs education, derived from moneys 8 received through chapter 257 , this chapter , and section 273.9 9 shall be paid by the school district of the childs residence 10 to the appropriate education agency, private agency, or other 11 school district providing special education for the child 12 pursuant to contractual arrangements as provided in section 13 273.3, subsections 5 3 and 6 4 . 14 Sec. 170. Section 256B.3, unnumbered paragraph 1, Code 15 2024, is amended to read as follows: 16 The division of special education within the department of 17 education has the following duties and powers: 18 Sec. 171. Section 256B.3, subsections 1, 2, 7, and 8, Code 19 2024, are amended to read as follows: 20 1. To aid in the organization of special schools, classes 21 and instructional facilities for children requiring special 22 education, and to supervise the system of special education for 23 children requiring special education. 24 2. To administer rules adopted by the state board that 25 are consistent with this chapter for the approval of plans 26 for special education programs and services submitted by the 27 director of special education of the area education agency . 28 7. To initiate the establishment of classes for children 29 requiring special education or home study services in 30 hospitals, nursing, convalescent, juvenile and private homes, 31 in cooperation with the management thereof and local school 32 districts or area education agency boards agencies . 33 8. To cooperate with school districts or area education 34 agency boards agencies in arranging for any child requiring 35 -106- LSB 5189XL (14) 90 jda/jh 106/ 123
S.F. _____ H.F. _____ special education to attend school in a district other than 1 the one in which the child resides when there is no available 2 special school, class, or instruction in the districts in which 3 the child resides. 4 Sec. 172. Section 256B.3, subsection 4, Code 2024, is 5 amended by striking the subsection. 6 Sec. 173. Section 256B.4, Code 2024, is amended to read as 7 follows: 8 256B.4 Powers of board of directors area education 9 agencies . 10 1. The board of directors of a school district or area 11 education agency, with the approval of the director of the 12 department of education, may provide special education 13 programs and services as defined in this chapter . If services 14 are provided by the area education agency, the board of 15 directors executive director of the area education agency 16 with the cooperation of the local school districts within its 17 jurisdiction and the division of special education within the 18 department of education may: 19 a. Establish and operate special education programs and 20 classes for the education of children requiring special 21 education. 22 b. Acquire, maintain, and construct Use facilities and 23 property provided by the department of administrative services 24 for the area education agencies in which to provide education, 25 corrective services, and supportive services for children 26 requiring special education. 27 c. Make arrangements with participating school districts for 28 the provision of special education, corrective, and supportive 29 services to the children requiring special education residing 30 in the school districts. 31 d. Employ special education teachers and personnel required 32 to furnish corrective or supportive services to children 33 requiring special education services. 34 e. Provide transportation for children requiring special 35 -107- LSB 5189XL (14) 90 jda/jh 107/ 123
S.F. _____ H.F. _____ education services that are in need of transportation in 1 connection with any programs, classes, or services. 2 f. Receive, administer, and expend funds appropriated for 3 its use. 4 g. Receive, administer, and expend the proceeds of any issue 5 of school bonds or other bonds intended wholly or partly for 6 its benefit. 7 h. Apply for, accept, and utilize grants, gifts, or other 8 assistance. 9 i. Participate in, and make its employees eligible to 10 participate in, any retirement system, group insurance system, 11 or other program of employee benefits, on the same terms as 12 govern school districts and their employees. 13 j. Do such other things as are necessary and incidental to 14 the execution of any of its powers. 15 2. The board of directors of the local district or the an 16 area education agency shall employ qualified teachers certified 17 by the authority provided by law as teachers for children 18 requiring such special education. The maximum number of pupils 19 per teacher shall be determined by the board of directors of 20 the local district or the area education agency board , with the 21 approval of the director of the department of education, in 22 accordance with the rules and regulations of the state board 23 of education. 24 3. The board of directors of the local district or the area 25 education agency , with the approval of the director of the 26 department of education, may establish and operate one or more 27 special education centers to provide diagnostic, therapeutic, 28 corrective, and other services, on a more comprehensive, 29 expert, economical, and efficient basis than can be reasonably 30 provided by a single school district. The services, if offered 31 by the area education agency board , may be provided in the 32 regular schools using personnel and equipment of the area 33 education agency or, if it is impractical or inefficient to 34 provide them on the premises of a regular school, the area 35 -108- LSB 5189XL (14) 90 jda/jh 108/ 123
S.F. _____ H.F. _____ education agency may provide services in its own facilities. 1 To the maximum extent feasible, centers shall be established 2 at and in conjunction with, or in close proximity to, one or 3 more elementary and secondary schools. Local districts or the 4 area education agencies may accept diagnostic and evaluation 5 studies conducted by other individuals, hospitals, or centers, 6 if determined to be competent. Children requiring special 7 education services may be identified in any way that the 8 department of education determines to be reliable. Centers 9 established pursuant to this section may contain classrooms 10 and other educational facilities and equipment to supplement 11 instruction and other services to children with disabilities 12 in the regular schools, and to provide separate instruction to 13 children whose degree or type of educational disability makes 14 it impractical or inappropriate for them to participate in 15 classes with normal children. 16 Sec. 174. Section 256F.2, subsection 5, Code 2024, is 17 amended to read as follows: 18 5. Innovation zone consortium means a consortium of two 19 or more school districts and an area education agency in which 20 one or more of the school districts are located, that receives 21 approval to establish an innovation zone school pursuant to 22 this chapter . In addition, the innovation zone consortium 23 may receive technical assistance from an accredited higher 24 education institution. 25 Sec. 175. Section 256I.8, subsection 1, paragraph a, Code 26 2024, is amended to read as follows: 27 a. Designate a public agency of this state, as defined in 28 section 28E.2 , a community action agency as defined in section 29 216A.91 , an area education agency established under section 30 273.2 , or a nonprofit corporation, to be the fiscal agent for 31 grant moneys and for other moneys administered by the area 32 board. 33 Sec. 176. Section 260C.11, subsection 1, Code 2024, is 34 amended to read as follows: 35 -109- LSB 5189XL (14) 90 jda/jh 109/ 123
S.F. _____ H.F. _____ 1. The governing board of a merged area is a board of 1 directors composed of one member elected from each director 2 district in the area by the electors of the respective 3 district. Members of the board shall be residents of the 4 district from which elected. Successors shall be chosen at 5 the regular school elections for members whose terms expire. 6 The term of a member of the board of directors is four years 7 and commences at the organizational meeting. Vacancies on 8 the board shall be filled at the next regular meeting of the 9 board by appointment by the remaining members of the board. A 10 member so chosen shall be a resident of the district in which 11 the vacancy occurred and shall serve until a member is elected 12 at the next school election or intervening special election 13 held for the merged area, in accordance with section 69.12 . 14 A vacancy is defined in section 277.29 . A member shall not 15 serve on the board of directors who is a member of a board of 16 directors of a local school district or a member of an area 17 education agency board . 18 Sec. 177. Section 262.32, Code 2024, is amended to read as 19 follows: 20 262.32 Contract time limit. 21 A contract for instruction under section 262.30 shall be in 22 writing and shall extend over a period of not to exceed two 23 years. A copy of the contract shall be filed in the office of 24 the administrator of the area education agency. 25 Sec. 178. Section 476.48, subsection 1, paragraph c, Code 26 2024, is amended to read as follows: 27 c. Small wind innovation zone means a political 28 subdivision of this state, including but not limited to a city, 29 county, township, school district, community college, area 30 education agency, institution under the control of the state 31 board of regents, or any other local commission, association, 32 or tribal council which adopts, or is encompassed within a 33 local government which adopts, the model ordinance as provided 34 in subsection 3 . 35 -110- LSB 5189XL (14) 90 jda/jh 110/ 123
S.F. _____ H.F. _____ Sec. 179. Section 598.21B, subsection 2, paragraph e, 1 subparagraph (1), subparagraph division (d), Code 2024, is 2 amended to read as follows: 3 (d) The parent has been identified by the executive director 4 of special education of the area education agency as a child 5 requiring special education as defined in section 256B.2 . 6 DIVISION VIII 7 TEACHER SALARY SUPPLEMENT DISTRICT COST PER PUPIL 8 Sec. 180. Section 257.10, subsection 9, paragraph a, Code 9 2024, is amended to read as follows: 10 a. (1) For the budget year beginning July 1, 2009, the 11 department of management shall add together the teacher 12 compensation allocation made to each district for the fiscal 13 year beginning July 1, 2008, pursuant to section 284.13, 14 subsection 1 , paragraph h , Code 2009, and the phase II 15 allocation made to each district for the fiscal year beginning 16 July 1, 2008, pursuant to section 294A.9, Code 2009 , and divide 17 that sum by the districts budget enrollment in the fiscal 18 year beginning July 1, 2009, to determine the teacher salary 19 supplement district cost per pupil. For the budget year 20 beginning July 1, 2010, and succeeding budget years beginning 21 before July 1, 2024 , the teacher salary supplement district 22 cost per pupil for each school district for a budget year 23 is the teacher salary supplement program district cost per 24 pupil for the base year plus the teacher salary supplement 25 supplemental state aid amount for the budget year. 26 (2) (a) For the budget year beginning July 1, 2024, the 27 teacher salary supplement district cost per pupil for each 28 school district shall be determined under this subparagraph. 29 (b) The department of management shall categorize all 30 school districts into not more than ten tiers according to each 31 school districts actual enrollment. Each tier established 32 by the department of management containing a school district 33 with an actual enrollment above three thousand five hundred 34 pupils shall contain, to the extent feasible, the same number 35 -111- LSB 5189XL (14) 90 jda/jh 111/ 123
S.F. _____ H.F. _____ of school districts as other tiers containing school districts 1 with an actual enrollment of more than three thousand five 2 hundred pupils. Each tier established by the department 3 of management containing a school district with an actual 4 enrollment equal to or less than three thousand five hundred 5 pupils shall contain, to the extent feasible, the same number 6 of school districts as other tiers containing school districts 7 with an actual enrollment equal to or less than three thousand 8 five hundred pupils. 9 (c) (i) To support school districts with meeting the 10 minimum teacher starting salary requirement of fifty thousand 11 dollars and the minimum teacher salary requirement for 12 full-time teachers with at least twelve years of experience of 13 sixty-two thousand dollars under chapter 284 and other costs 14 associated with such salary requirements, as identified in 15 subparagraph subdivision (ii), the department of management 16 shall calculate and assign to all school districts in a tier 17 established under subparagraph division (b), a teacher salary 18 supplement district cost per pupil in an amount based in part 19 on the average cost to school districts within the tier to meet 20 the requirements. 21 (ii) If, however, a school districts total teacher 22 salary supplement district cost under paragraph c , as 23 calculated using the teacher salary supplement district cost 24 per pupil assigned to the school districts applicable tier, 25 is insufficient to comply with the applicable minimum teacher 26 salary requirements of the school district, including costs 27 associated with the employers share of contributions to the 28 Iowa public employees retirement system and the employers 29 share of the tax imposed by the federal Insurance Contributions 30 Act, the department of management shall set the school 31 districts teacher salary supplement district cost per pupil 32 at an amount necessary to meet the districts minimum salary 33 requirements and associated costs. 34 (3) For the budget year beginning July 1, 2025, and 35 -112- LSB 5189XL (14) 90 jda/jh 112/ 123
S.F. _____ H.F. _____ succeeding budget years, the teacher salary supplement district 1 cost per pupil for each school district for a budget year 2 is the teacher salary supplement program district cost per 3 pupil for the base year plus the teacher salary supplement 4 supplemental state aid amount for the budget year. 5 DIVISION IX 6 STATE MANDATE 7 Sec. 181. IMPLEMENTATION OF ACT. Section 25B.2, subsection 8 3, shall not apply to this Act. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanations substance by the members of the general assembly. 12 This bill relates to education, including modifying 13 provisions related to the number of area education agencies 14 in this state, the duties and powers of area education 15 agencies, area education agency boards of directors, the 16 department of administrative services, and the director of the 17 department of education, the division of special education 18 within the department of education, the services provided by 19 area education agencies, area education agency funding, the 20 calculation of the teacher salary supplement district cost per 21 pupil, and minimum teacher salaries. 22 DIVISION I AREA EDUCATION AGENCIES GENERAL PROVISIONS. 23 Current law provides that a maximum of 15 area education 24 agencies may be established within the state. As a result 25 of consolidation, there are currently nine area education 26 agencies within the state. The bill provides that there shall 27 be not more than nine area education agencies, as determined 28 by the director of the department of education (DE). Current 29 law provides that each area education agency shall have an 30 administrator, and establishes the duties and powers of the 31 administrator. The bill modifies this provision to provide 32 that each area education agency shall have an executive 33 director. The executive director is to be appointed by, and 34 serve at the pleasure of, the director of DE. Current law 35 -113- LSB 5189XL (14) 90 jda/jh 113/ 123
S.F. _____ H.F. _____ provides that each area education agency shall have, and be 1 governed by, a board of directors, and establishes the duties 2 and powers of such board. The bill provides that the area 3 education agency board of directors shall, instead, serve in an 4 advisory capacity. The bill establishes the duties and powers 5 of the area education agencies, the executive directors, and 6 the area education agency boards of directors. 7 The bill prohibits area education agencies from holding 8 real property, and tasks the department of administrative 9 services with providing real property and facilities to the 10 area education agencies. 11 The bill provides that area education agencies may only 12 provide special education services to school districts located 13 in the area education agency if the school district requests 14 to receive such services and pursuant to a contract between 15 the school district and the area education agency. The bill 16 establishes that the term of such contract shall not be less 17 than two years. The bill also establishes notice requirements 18 related to the requests to receive special education services. 19 Current law requires area education agencies to provide 20 media services for local school districts. The bill strikes 21 this requirement. Current law prohibits area education 22 agencies from establishing programs and services which 23 duplicate programs and services which are or may be provided by 24 the community colleges. The bill strikes this provision. 25 The bill strikes a provision that requires area education 26 agencies to collaborate with DE to provide statewide 27 infrastructure for educational data. The bill also strikes 28 a provision that requires area education agencies to jointly 29 develop a three-year statewide strategic plan that supports 30 goals adopted by the state board of education. 31 The bill makes several other changes to provisions related 32 to area education agencies, including changes related to 33 funding, standards for accrediting area education agency 34 programs, and emergency repairs. 35 -114- LSB 5189XL (14) 90 jda/jh 114/ 123
S.F. _____ H.F. _____ The bill repeals Code section 273.6 (media centers), Code 1 section 273.7 (additional services), and Code section 273.16 2 (online learning program). 3 The bill includes transition provisions that restrict the 4 transfer of area education agency ownership interests in real 5 property or facilities and that provide for the transfer of 6 area education agency interests in real property and certain 7 lease agreements to the department of administrative services. 8 The transition provisions provide that, on July 1, 2024, the 9 employment of all area education agency administrators is 10 terminated, unless terminated earlier by the director of the 11 department of education who the bill authorizes to terminate 12 the employment of such area education agency administrators. 13 The transition provisions additionally provide that the 14 bills changes to Code chapter 273 constitute just cause for 15 the discharge of the area education agency administrators 16 under Code section 279.25 (discharge of administrator), and 17 that the provisions of Code section 279.24 (contract with 18 administrators) shall not apply to the discharge of the 19 administrators. 20 The transition provisions require the division of special 21 education within the department of education to give preference 22 to qualified personnel who seek employment with the division 23 of special education because their employment with an area 24 education agency terminated as a result of the bill. The 25 transition provisions provide that any former employee of an 26 area education agency whose employment with an area education 27 agency terminated as a result of the bill and who is employed 28 by the division of special education no later than August 1, 29 2024, shall not experience a break in service credit for their 30 Iowa public employees retirement system benefits and shall not 31 incur any loss in sick leave or vacation time. 32 Division I of the bill takes effect upon enactment. 33 DIVISION II AREA EDUCATION AGENCIES REORGANIZATION 34 OR DISSOLUTION. Current law allows the boards of directors 35 -115- LSB 5189XL (14) 90 jda/jh 115/ 123
S.F. _____ H.F. _____ of two or more area education agencies to reorganize the area 1 education agencies, with the approval of the state board of 2 education. The bill modifies several provisions related to 3 the reorganization of area education agencies, including by 4 requiring the director of DE to approve a reorganization, 5 authorizing the director of DE to reorganize the area education 6 agencies, and striking school finance provisions related to a 7 reorganized area education agency. 8 Current law allows the board of directors of an area 9 education agency to dissolve the area education agency and 10 establishes the process the area education agency must follow 11 in dissolving. The bill provides that only the director of DE 12 has the authority to dissolve an area education agency. 13 The bill repeals Code section 273.24 (commission to dissolve 14 area education agency), Code section 273.25 (dissolution 15 commission meetings), Code section 273.26 (dissolution 16 proposal), and Code section 273.27 (dissolution hearing, vote, 17 and state board of education approval). 18 DIVISION III AREA EDUCATION AGENCIES FUNDING. The bill 19 eliminates the area education agency professional development 20 categorical funding supplement, the area education agency 21 media services categorical funding supplement, and the area 22 education agency educational services categorical funding 23 supplement beginning with the 2024-2025 school budget year. 24 The bill makes corresponding changes to other school funding 25 provisions related to the elimination of the categorical 26 funding supplements. The bill specifies that an area education 27 agency may use fund balances for media services or education 28 services in a manner which the area education agency determines 29 is appropriate to best maintain the level of required area 30 education agency special education services. The bill also 31 specifies that fund balances received for area education agency 32 professional development for a budget year beginning before 33 July 1, 2024, shall comply with the requirements of Code 34 chapter 284 and shall be distributed to teachers pursuant to 35 -116- LSB 5189XL (14) 90 jda/jh 116/ 123
S.F. _____ H.F. _____ Code section 284.3A, similar to the use area education agency 1 teacher salary supplement funds. 2 Code section 257.35 generally requires the department 3 of management to deduct the amounts calculated for special 4 education support services, media services, area education 5 agency teacher salary supplement district cost, area education 6 agency professional development supplement district cost, 7 and educational services for each school district from the 8 state aid due to the district pursuant to Code chapter 257 9 and instead, pay the amounts to the respective area education 10 agencies on a monthly basis. The bill removes the eliminated 11 categorical funding supplements from those provisions and also 12 provides that such remaining amounts are to be deducted and 13 paid to the applicable area education agency only if the school 14 district has entered into an agreement with the area education 15 agency under the bill to provide services for the applicable 16 budget year. 17 The school district management levy under Code section 298.4 18 is authorized to be used for specified purposes, including 19 unemployment benefit costs, insurance costs, costs of certain 20 judgments, early retirement benefit costs, and mediation 21 and arbitration costs. The bill provides that a school 22 districts management levy may be reduced by the department of 23 management if the department determines that the reduction in 24 the school districts combined district cost as a result of 25 the elimination of the area education agency media services 26 categorical funding supplement and the area education agency 27 educational services categorical funding supplement does not 28 result in a corresponding reduction in the total amount of 29 property taxes levied by the school district for the budget 30 year. The bill allows the department of management to evaluate 31 the amounts of property taxes levied by the school district and 32 purposes for which such revenues are budgeted to determine the 33 adequacy of the reduction in the school districts total amount 34 of property taxes. 35 -117- LSB 5189XL (14) 90 jda/jh 117/ 123
S.F. _____ H.F. _____ Current law allows school districts to share operational 1 functions with several types of political subdivisions, 2 including area education agencies, in order to provide 3 additional funding to increase student opportunities and 4 redirect more resources to student programming for such school 5 districts. The bill provides that area education agencies are 6 no longer considered political subdivisions for purposes of 7 shared operational functions. 8 Current law provides that supplementary weighting under 9 Code section 257.11(5) (shared operational functions) shall 10 be available to an area education agency through the budget 11 year beginning July 1, 2034. The minimum amount of additional 12 funding for which an area education agency shall be eligible in 13 a budget year pursuant to this provision is $30,000, and the 14 maximum amount is $200,000. The bill modifies this provision 15 to provide that such supplementary weighting shall not be 16 available to an area education agency after the budget year 17 beginning July 1, 2023. 18 This division of the bill applies July 1, 2024, for school 19 budget years beginning on or after that date. 20 DIVISION IV TEACHER COMPENSATION. Current law provides 21 that the minimum annual salary for a full-time teacher in the 22 state is $33,500. The bill provides that the minimum annual 23 salary for a full-time teacher in the state with less than 12 24 years of teaching experience is $50,000, and the minimum annual 25 salary for a full-time teacher in the state with at least 12 26 years of teaching experience is $62,500. 27 DIVISION V CONFORMING CHANGES DEPARTMENT OF EDUCATION. 28 The bill strikes provisions that require the state board of 29 education to adopt rules and standards to incorporate area 30 education agencies into professional development programs, 31 family support pre-service and in-service training programs, 32 para-educator programs, and online programs. 33 Current law provides that if a school district fails to 34 correct certain deficiencies and the school district is 35 -118- LSB 5189XL (14) 90 jda/jh 118/ 123
S.F. _____ H.F. _____ deaccredited by the state board of education, the state board 1 may place the school district under local area education agency 2 receivership. The bill provides that such receivership shall 3 instead be under DE or DEs designee, which may include a local 4 school district. 5 The bill makes several other conforming changes related 6 to DE, including modifying the membership of the Iowa public 7 broadcasting board and modifying provisions related to regional 8 career and technical education planning partnerships. 9 DIVISION VI SCHOOLS REORGANIZATION OF SCHOOL DISTRICTS 10 CONFORMING CHANGES. Current law provides that up to 30 11 percent of the budget of an area for media services may be 12 expended for media resource material including the purchase or 13 replacement of material. The bill strikes this provision. 14 Current law provides that, in cases where any portion of 15 the inhabitants of any school corporation, in the opinion of 16 the area education agency administrator, cannot reasonably 17 attend school in their own corporation, the area education 18 agency administrator shall attach the affected part of the 19 school corporation to an adjoining school corporation, with the 20 consent of the board of the adjoining school corporation. The 21 bill modifies this provision to instead provide that it is the 22 director of the department of education who has the authority 23 to attach the affected part of the school corporation to an 24 adjoining school corporation, with the consent of the board of 25 the adjoining school corporation. The bill makes a similar 26 change to the provision governing restoration of the attached 27 part of the school corporation. 28 The bill makes several changes to Code chapter 275 29 (reorganization of school districts) to transfer authority 30 from an area education agency or an area education agency 31 administrator to DE and to remove the consideration of the 32 boundaries of area education agencies from the reorganization 33 process, including provisions related to changing the boundary 34 lines of contiguous school corporations, the vesting of powers 35 -119- LSB 5189XL (14) 90 jda/jh 119/ 123
S.F. _____ H.F. _____ to convey land, alternative methods for electing directors 1 of newly formed school corporations, dissolution of school 2 districts, the calling of special elections when a school board 3 is reduced below a quorum, contracting for emergency repairs 4 for school districts, and disputes related to state aid for 5 transportation. 6 Current law requires area education agencies to periodically 7 offer a staff development program for teachers who provide 8 instruction in human growth and development. The bill strikes 9 this provision. 10 Current law allocates $275,864 of the moneys appropriated to 11 the department of education under Code section 279.51 (programs 12 for at-risk children) to area education agencies to assist 13 school districts and child development programs in meeting 14 responsibilities in early childhood education. The bill 15 provides that these moneys shall, instead, be allocated to the 16 child development coordinating council for the same purposes. 17 Current law authorizes a school district to negotiate an 18 agreement with a school district located in a contiguous state 19 allowing students enrolled in grades 7 through 12 in this 20 state to attend school in the contiguous state if the board of 21 directors of the school district in this state files a written 22 request with the state board of education for a determination 23 whether the school district in the contiguous state receives 24 or has available services equivalent to those that would be 25 provided in this state by an area education agency. The bill 26 strikes the requirement related to services provided by area 27 education agencies. 28 The bill modifies provisions in Code chapter 284 (teacher 29 performance, compensation, and career development), including 30 by striking a provision allowing the state board of education 31 to approve area education agencies to provide teacher 32 professional development and by striking provisions related to 33 area education agency involvement in implementing career paths 34 and leadership roles. 35 -120- LSB 5189XL (14) 90 jda/jh 120/ 123
S.F. _____ H.F. _____ The bill makes several changes to Code chapter 284A 1 (administrator quality program) and Code chapter 285 (state 2 aid for transportation) to remove area education agencies from 3 provisions in these Code chapters. 4 The bill strikes a provision that requires each area 5 education agency to provide assistance in establishing a plan 6 to provide alternative education options to students attending 7 a public school in a district served by the area education 8 agency. 9 The bill repeals Code section 257.47 (cooperation by 10 area education agencies), Code section 257.48 (advisory 11 council), Code section 257.49 (duties of advisory council), 12 Code section 275.16 (hearing when territory in different area 13 education agencies), Code section 275.27 (community school 14 districts part of area education agency), Code section 15 275.30 (arbitration), Code section 285.9 (powers and duties of 16 area boards), and Code section 285.13 (disagreements between 17 boards). 18 DIVISION VII CONFORMING CHANGES MISCELLANEOUS. The 19 bill removes representatives of area education agencies from 20 the state commission of libraries and a steering committee 21 established by the department of workforce development. 22 The bill strikes a provision that provides that the 23 procedures of Code chapter 74 (public obligations not paid for 24 want of funds) also apply to the issuance of warrants or the 25 issuance of anticipatory warrants of an area education agency. 26 The bill requires the commission for the blind to operate 27 and manage a library loan program for the benefit of students 28 enrolled in school districts and nonpublic schools. 29 The bill modifies the duties and powers of the division of 30 special education within the department of education, including 31 by striking provisions related to aiding in the organization 32 of special schools and classes for children requiring special 33 education, approving plans for special education programs and 34 services submitted by area education agencies, and purchasing 35 -121- LSB 5189XL (14) 90 jda/jh 121/ 123
S.F. _____ H.F. _____ special equipment for use in special education. 1 Code chapter 256F authorizes the creation of charter schools 2 and innovation zone schools. For purposes of Code chapter 3 256F, an innovation zone consortium means a consortium of two 4 or more school districts and an area education agency in which 5 one or more of the school districts are located, that receives 6 approval to establish an innovation zone school. The bill 7 modifies this provision to strike the reference to an area 8 education agency in which one or more of the school districts 9 are located. 10 The bill removes area education agencies from the definition 11 of small wind innovation zone in Code section 476.48 (small 12 wind innovation zone program). 13 DIVISION VIII TEACHER SALARY SUPPLEMENT DISTRICT COST PER 14 PUPIL. The bill modifies how the teacher salary supplement 15 district cost per pupil is determined for each school district 16 for the budget year beginning July 1, 2024. The bill requires 17 the department of management to categorize all school 18 districts into not more than 10 tiers according to each school 19 districts actual enrollment. The bill provides that each 20 tier established by the department of management containing a 21 school district with an actual enrollment above 3,500 pupils 22 shall contain, to the extent feasible, the same number of 23 school districts as other tiers containing school districts 24 with an actual enrollment of more than 3,500 pupils. The bill 25 also provides that each tier established by the department 26 of management containing a school district with an actual 27 enrollment equal to or less than 3,500 pupils shall contain, 28 to the extent feasible, the same number of school districts 29 as other tiers containing school districts with an actual 30 enrollment equal to or less than 3,500 pupils. 31 The bill requires the department of management to calculate 32 and assign to all school districts in a tier a teacher salary 33 supplement district cost per pupil in an amount based in part 34 on the average cost to school districts within the tier to 35 -122- LSB 5189XL (14) 90 jda/jh 122/ 123
S.F. _____ H.F. _____ meet the requirements. If, however, a school districts total 1 teacher salary supplement district cost, as calculated using 2 the teacher salary supplement district cost per pupil assigned 3 to the school districts applicable tier, is insufficient to 4 comply with the applicable minimum teacher salary requirements 5 of the school district, including costs associated with the 6 employers share of contributions to the Iowa public employees 7 retirement system and the employers share of the tax imposed 8 by the federal Insurance Contributions Act, the bill requires 9 the department of management to set the school districts 10 teacher salary supplement district cost per pupil at an amount 11 necessary to meet the districts minimum salary requirements 12 and associated costs. 13 The bill provides that for the budget year beginning July 14 1, 2025, and succeeding budget years, the teacher salary 15 supplement district cost per pupil for each school district for 16 a budget year is the teacher salary supplement program district 17 cost per pupil for the base year plus the teacher salary 18 supplement supplemental state aid amount for the budget year. 19 DIVISION IX STATE MANDATE. The bill may include a state 20 mandate as defined in Code section 25B.3. The bill makes 21 inapplicable Code section 25B.2(3), which would relieve a 22 political subdivision from complying with a state mandate if 23 funding for the cost of the state mandate is not provided or 24 specified. Therefore, political subdivisions are required to 25 comply with any state mandate included in the bill. 26 -123- LSB 5189XL (14) 90 jda/jh 123/ 123