Bill Text: IA HF215 | 2013-2014 | 85th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to and providing for education reform involving student, teacher, and administrator programs and activities under the purview of the department of education, the state board of education, the college student aid commission, school districts, and accredited nonpublic schools; providing for independent private instruction for students; providing for private instruction for students; concerning driver education by a teaching parent; making appropriations and providing for the establishment and retention of certain fees; and including effective date provisions. (Formerly HSB 4) Various effective dates, see bill.

Spectrum: Committee Bill

Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [HF215 Detail]

Download: Iowa-2013-HF215-Amended.html
House File 215 - Reprinted HOUSE FILE 215 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 4) (As Amended and Passed by the House February 19, 2013 ) A BILL FOR An Act relating to and providing for education reform involving 1 student, teacher, and administrator programs and activities 2 under the purview of the department of education, the state 3 board of education, the college student aid commission, 4 school districts, and accredited nonpublic schools; 5 providing for independent private instruction for students; 6 providing for private instruction for students; concerning 7 driver education by a teaching parent; making appropriations 8 and providing for the establishment and retention of 9 certain fees; and including transition and effective date 10 provisions. 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 12 HF 215 (5) 85 kh/rj/md
H.F. 215 DIVISION I 1 STATE SCHOOL FOUNDATION PROGRAM 2 Section 1. Section 257.2, subsection 9, Code 2013, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . d. Property tax replacement payments 5 received under section 257.16B. 6 Sec. 2. Section 257.4, subsection 1, paragraph a, Code 2013, 7 is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (9) The amount of the school district 9 property tax replacement payment received by the school 10 district under section 257.16B. 11 Sec. 3. Section 257.4, subsection 1, paragraph b, Code 2013, 12 is amended to read as follows: 13 b. For the budget year beginning July 1, 2008, and 14 succeeding budget years, the department of management shall 15 annually determine an adjusted additional property tax levy and 16 a statewide maximum adjusted additional property tax levy rate, 17 not to exceed the statewide average additional property tax 18 levy rate, calculated by dividing the total adjusted additional 19 property tax levy dollars statewide by the statewide total 20 net taxable valuation. For purposes of this paragraph, the 21 adjusted additional property tax levy shall be that portion of 22 the additional property tax levy corresponding to the state 23 cost per pupil multiplied by a school district’s weighted 24 enrollment, and then multiplied by one hundred percent less 25 the regular program foundation base per pupil percentage 26 pursuant to section 257.1 , and then reduced by the amount of 27 property tax replacement received under section 257.16B . The 28 district shall receive adjusted additional property tax levy 29 aid in an amount equal to the difference between the adjusted 30 additional property tax levy rate and the statewide maximum 31 adjusted additional property tax levy rate, as applied per 32 thousand dollars of assessed valuation on all taxable property 33 in the district. The statewide maximum adjusted additional 34 property tax levy rate shall be annually determined by the 35 -1- HF 215 (5) 85 kh/rj/md 1/ 83
H.F. 215 department taking into account amounts allocated pursuant to 1 section 257.15, subsection 4 . The statewide maximum adjusted 2 additional property tax levy rate shall be annually determined 3 by the department taking into account amounts allocated 4 pursuant to section 257.15, subsection 4 , and the balance of 5 the property tax equity and relief fund created in section 6 257.16A at the end of the calendar year. 7 Sec. 4. Section 257.8, subsections 1 and 2, Code 2013, are 8 amended to read as follows: 9 1. State percent of growth. The state percent of growth 10 for the budget year beginning July 1, 2010, is two percent. 11 The state percent of growth for the budget year beginning July 12 1, 2012, is two percent. The state percent of growth for 13 the budget year beginning July 1, 2013, is two percent. The 14 state percent of growth for the budget year beginning July 1, 15 2014, is two percent. The state percent of growth for each 16 subsequent budget year shall be established by statute which 17 shall be enacted within thirty days of the submission in the 18 year preceding the base year of the governor’s budget under 19 section 8.21 . The establishment of the state percent of growth 20 for a budget year shall be the only subject matter of the bill 21 which enacts the state percent of growth for a budget year. 22 2. Categorical state percent of growth. The categorical 23 state percent of growth for the budget year beginning July 1, 24 2010, is two percent. The categorical state percent of growth 25 for the budget year beginning July 1, 2012, is two percent. 26 The categorical state percent of growth for the budget year 27 beginning July 1, 2013, is two percent. The categorical state 28 percent of growth for the budget year beginning July 1, 2014, 29 is two percent. The categorical state percent of growth for 30 each budget year shall be established by statute which shall 31 be enacted within thirty days of the submission in the year 32 preceding the base year of the governor’s budget under section 33 8.21 . The establishment of the categorical state percent of 34 growth for a budget year shall be the only subject matter of 35 -2- HF 215 (5) 85 kh/rj/md 2/ 83
H.F. 215 the bill which enacts the categorical state percent of growth 1 for a budget year. The categorical state percent of growth 2 may include state percents of growth for the teacher salary 3 supplement, the professional development supplement, and the 4 early intervention supplement. 5 Sec. 5. Section 257.15, subsection 4, paragraph b, Code 6 2013, is amended to read as follows: 7 b. After lowering all school district adjusted additional 8 property tax levy rates to the statewide maximum adjusted 9 additional property tax levy rate under paragraph “a” , the 10 department of management shall use any remaining funds at the 11 end of the calendar year to further lower additional property 12 taxes by increasing for the budget year beginning the following 13 July 1, the state foundation base percentage. Moneys used 14 pursuant to this paragraph shall supplant an equal amount of 15 the appropriation made from the general fund of the state 16 pursuant to section 257.16 that represents the increase in 17 state foundation aid. 18 Sec. 6. NEW SECTION . 257.16B School district property tax 19 replacement payments. 20 1. For each fiscal year beginning on or after July 1, 2013, 21 there is appropriated from the general fund of the state to the 22 department of education an amount necessary to make all school 23 district property tax replacement payments under this section, 24 as calculated in subsection 2, paragraph “c” . 25 2. For each budget year beginning on or after July 1, 2013, 26 the department of management shall calculate for each school 27 district all of the following: 28 a. The state cost per pupil for the budget year beginning 29 July 1, 2012, multiplied by one hundred percent less the 30 regular program foundation base per pupil percentage pursuant 31 to section 257.1. 32 b. The state cost per pupil for the budget year multiplied 33 by one hundred percent less the regular program foundation base 34 per pupil percentage pursuant to section 257.1. 35 -3- HF 215 (5) 85 kh/rj/md 3/ 83
H.F. 215 c. The amount of each school district’s property tax 1 replacement payment. Each school district’s property tax 2 replacement payment equals the school district’s weighted 3 enrollment for the budget year multiplied by the remainder of 4 the amount calculated for the school district under paragraph 5 “b” minus the amount calculated for the school district under 6 paragraph “a” . 7 3. School district property tax replacement payments under 8 this section shall be paid by the department of education at 9 the same time and in the same manner as foundation aid is paid 10 and may be included in the monthly payment of state aid under 11 section 257.16, subsection 2. 12 Sec. 7. CODE SECTION 257.8 —— IMPLEMENTATION. The 13 requirements of section 257.8, subsections 1 and 2, regarding 14 the enactment of bills establishing the regular program state 15 percent of growth and the categorical state percent of growth 16 within thirty days of the submission in the year preceding the 17 base year of the governor’s budget and regarding the subject 18 matter limitation of such bills do not apply to this division 19 of this Act. 20 Sec. 8. EFFECTIVE UPON ENACTMENT. This division of this 21 Act, being deemed of immediate importance, takes effect upon 22 enactment. 23 DIVISION II 24 SCHOOL DISTRICT FUNDING TERMINOLOGY 25 Sec. 9. Section 256C.4, subsection 1, paragraph f, Code 26 2013, is amended to read as follows: 27 f. The receipt of funding by a school district for the 28 purposes of this chapter , the need for additional funding 29 for the purposes of this chapter , or the enrollment count of 30 eligible students under this chapter shall not be considered 31 to be unusual circumstances, create an unusual need for 32 additional funds, or qualify under any other circumstances that 33 may be used by the school budget review committee to grant 34 supplemental aid to or establish modified allowable growth 35 -4- HF 215 (5) 85 kh/rj/md 4/ 83
H.F. 215 supplemental state aid for a school district under section 1 257.31 . 2 Sec. 10. Section 257.2, subsection 1, Code 2013, is amended 3 by striking the subsection. 4 Sec. 11. Section 257.2, subsection 12, Code 2013, is amended 5 to read as follows: 6 12. “State percent of growth” means the percent of growth 7 which is established by statute pursuant to section 257.8 , and 8 which is used in determining the allowable growth supplemental 9 state aid . 10 Sec. 12. Section 257.2, Code 2013, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 12A. “Supplemental state aid” means the 13 amount by which state cost per pupil and district cost per 14 pupil will increase from one budget year to the next. 15 Sec. 13. Section 257.6, subsection 1, paragraph a, 16 subparagraph (5), Code 2013, is amended to read as follows: 17 (5) Resident pupils receiving competent private instruction 18 from a licensed practitioner provided through a public 19 school district pursuant to chapter 299A shall be counted 20 as three-tenths of one pupil. Revenues received by a 21 school district attributed to a school district’s weighted 22 enrollment pursuant to this subparagraph shall be expended 23 for the purpose for which the weighting was assigned under 24 this subparagraph. If the school district determines that 25 the expenditures associated with providing competent private 26 instruction pursuant to chapter 299A are in excess of the 27 revenue attributed to the school district’s weighted enrollment 28 for such instruction in accordance with this subparagraph, 29 the school district may submit a request to the school budget 30 review committee for modified allowable growth supplemental 31 state aid in accordance with section 257.31, subsection 5 , 32 paragraph “n” . A home school assistance program shall not 33 provide moneys received pursuant to this subparagraph, nor 34 resources paid for with moneys received pursuant to this 35 -5- HF 215 (5) 85 kh/rj/md 5/ 83
H.F. 215 subparagraph, to parents or students utilizing the program. 1 Moneys received by a school district pursuant to this 2 subparagraph shall be used as provided in section 299A.12 . 3 Sec. 14. Section 257.8, subsections 3, 6, and 7, Code 2013, 4 are amended to read as follows: 5 3. Allowable growth Supplemental state aid calculation. The 6 department of management shall calculate the regular program 7 allowable growth supplemental state aid for a budget year by 8 multiplying the state percent of growth for the budget year 9 by the regular program state cost per pupil for the base year 10 and shall calculate the special education support services 11 allowable growth supplemental state aid for the budget year by 12 multiplying the state percent of growth for the budget year by 13 the special education support services state cost per pupil for 14 the base year. 15 6. Combined allowable growth supplemental state aid . The 16 combined allowable growth supplemental state aid per pupil 17 for each school district is the sum of the regular program 18 allowable growth supplemental state aid per pupil and 19 the special education support services allowable growth 20 supplemental state aid per pupil for the budget year, which may 21 be modified as follows: 22 a. By the school budget review committee under section 23 257.31 . 24 b. By the department of management under section 257.36 . 25 7. Alternate allowable growth supplemental state aid —— 26 definitions. For budget years beginning July 1, 2000, and 27 subsequent budget years, references to the terms “allowable 28 growth” “supplemental state aid” , “regular program state cost 29 per pupil” , and “regular program district cost per pupil” shall 30 mean those terms as calculated for those school districts that 31 calculated regular program allowable growth supplemental state 32 aid for the school budget year beginning July 1, 1999, with the 33 additional thirty-eight dollars specified in section 257.8, 34 subsection 4, Code 2013 . 35 -6- HF 215 (5) 85 kh/rj/md 6/ 83
H.F. 215 Sec. 15. Section 257.8, subsections 4 and 5, Code 2013, are 1 amended by striking the subsections. 2 Sec. 16. Section 257.9, subsection 1, paragraph b, Code 3 2013, is amended to read as follows: 4 b. The total calculated under this subsection shall 5 be divided by the total of the budget enrollments of all 6 school districts for the budget year beginning July 1, 1990, 7 calculated under section 257.6, subsection 4 , if section 8 257.6, subsection 4 , had been in effect for that budget 9 year. The regular program state cost per pupil for the 10 budget year beginning July 1, 1991, is the amount calculated 11 by the department of management under this subsection plus 12 an allowable growth a supplemental state aid amount , as 13 defined in this division of this Act, that is equal to the 14 state percent of growth for the budget year multiplied by the 15 amount calculated by the department of management under this 16 subsection . 17 Sec. 17. Section 257.9, subsections 2, 4, 6, 7, 8, 9, and 18 10, Code 2013, are amended to read as follows: 19 2. Regular program state cost per pupil for 1992-1993 and 20 succeeding years. For the budget year beginning July 1, 1992, 21 and succeeding budget years, the regular program state cost 22 per pupil for a budget year is the regular program state cost 23 per pupil for the base year plus the regular program allowable 24 growth supplemental state aid for the budget year. 25 4. Special education support services state cost per pupil 26 for 1992-1993 and succeeding years. For the budget year 27 beginning July 1, 1992, and succeeding budget years, the 28 special education support services state cost per pupil for the 29 budget year is the special education support services state 30 cost per pupil for the base year plus the special education 31 support services allowable growth supplemental state aid for 32 the budget year. 33 6. Teacher salary supplement state cost per pupil. For the 34 budget year beginning July 1, 2009, for the teacher salary 35 -7- HF 215 (5) 85 kh/rj/md 7/ 83
H.F. 215 supplement state cost per pupil, the department of management 1 shall add together the teacher compensation allocation made 2 to each district for the fiscal year beginning July 1, 2008, 3 pursuant to section 284.13, subsection 1, paragraph “h” , Code 4 2009 , and the phase II allocation made to each district for the 5 fiscal year beginning July 1, 2008, pursuant to section 294A.9 , 6 Code 2009, and divide that sum by the statewide total budget 7 enrollment for the fiscal year beginning July 1, 2009. The 8 teacher salary supplement state cost per pupil for the budget 9 year beginning July 1, 2010, and succeeding budget years, shall 10 be the amount calculated by the department of management under 11 this subsection for the base year plus an allowable growth a 12 supplemental state aid amount that is equal to the teacher 13 salary supplement categorical state percent of growth, pursuant 14 to section 257.8, subsection 2 , for the budget year, multiplied 15 by the amount calculated by the department of management under 16 this subsection for the base year. 17 7. Professional development supplement state cost per 18 pupil. For the budget year beginning July 1, 2009, for the 19 professional development supplement state cost per pupil, the 20 department of management shall add together the professional 21 development allocation made to each district for the fiscal 22 year beginning July 1, 2008, pursuant to section 284.13, 23 subsection 1, paragraph “d” , Code 2009 , and divide that sum 24 by the statewide total budget enrollment for the fiscal 25 year beginning July 1, 2009. The professional development 26 supplement state cost per pupil for the budget year beginning 27 July 1, 2010, and succeeding budget years, shall be the 28 amount calculated by the department of management under 29 this subsection for the base year plus an allowable growth a 30 supplemental state aid amount that is equal to the professional 31 development supplement categorical state percent of growth, 32 pursuant to section 257.8, subsection 2 , for the budget year, 33 multiplied by the amount calculated by the department of 34 management under this subsection for the base year. 35 -8- HF 215 (5) 85 kh/rj/md 8/ 83
H.F. 215 8. Early intervention supplement state cost per pupil. For 1 the budget year beginning July 1, 2009, for the early 2 intervention supplement state cost per pupil, the department of 3 management shall add together the early intervention allocation 4 made to each district for the fiscal year beginning July 5 1, 2008, pursuant to section 256D.4, Code 2009, and divide 6 that sum by the statewide total budget enrollment for the 7 fiscal year beginning July 1, 2009. The early intervention 8 supplement state cost per pupil for the budget year beginning 9 July 1, 2010, and succeeding budget years, shall be the 10 amount calculated by the department of management under 11 this subsection for the base year plus an allowable growth 12 a supplemental state aid amount that is equal to the early 13 intervention supplement categorical state percent of growth, 14 pursuant to section 257.8, subsection 2 , for the budget year, 15 multiplied by the amount calculated by the department of 16 management under this subsection for the base year. 17 9. Area education agency teacher salary supplement state cost 18 per pupil. For the budget year beginning July 1, 2009, for 19 the area education agency teacher salary supplement state cost 20 per pupil, the department of management shall add together the 21 teacher compensation allocation made to each area education 22 agency for the fiscal year beginning July 1, 2008, pursuant to 23 section 284.13, subsection 1, paragraph “i” , Code 2009 , and 24 the phase II allocation made to each area education agency for 25 the fiscal year beginning July 1, 2008, pursuant to section 26 294A.9 , Code 2009, and divide that sum by the statewide special 27 education support services weighted enrollment for the fiscal 28 year beginning July 1, 2009. The area education agency teacher 29 salary supplement state cost per pupil for the budget year 30 beginning July 1, 2010, and succeeding budget years, shall be 31 the amount calculated by the department of management under 32 this subsection for the base year plus an allowable growth a 33 supplemental state aid amount that is equal to the teacher 34 salary supplement categorical state percent of growth, pursuant 35 -9- HF 215 (5) 85 kh/rj/md 9/ 83
H.F. 215 to section 257.8, subsection 2 , for the budget year, multiplied 1 by the amount calculated by the department of management under 2 this subsection for the base year. 3 10. Area education agency professional development supplement 4 state cost per pupil. For the budget year beginning July 1, 5 2009, for the area education agency professional development 6 supplement state cost per pupil, the department of management 7 shall add together the professional development allocation made 8 to each area education agency for the fiscal year beginning 9 July 1, 2008, pursuant to section 284.13, subsection 1, 10 paragraph “d” , Code 2009 , and divide that sum by the statewide 11 special education support services weighted enrollment for the 12 fiscal year beginning July 1, 2009. The area education agency 13 professional development supplement state cost per pupil for 14 the budget year beginning July 1, 2010, and succeeding budget 15 years, shall be the amount calculated by the department of 16 management under this subsection for the base year plus an 17 allowable growth a supplemental state aid amount that is equal 18 to the professional development supplement categorical state 19 percent of growth, pursuant to section 257.8, subsection 2 , for 20 the budget year, multiplied by the amount calculated by the 21 department of management under this subsection for the base 22 year. 23 Sec. 18. Section 257.10, subsection 1, Code 2013, is amended 24 to read as follows: 25 1. Regular program district cost per pupil for 26 1991-1992. For the budget year beginning July 1, 1991, in order 27 to determine the regular program district cost per pupil for a 28 district, the department of management shall divide the product 29 of the regular program district cost per pupil of the district 30 for the base year, as regular program district cost per pupil 31 would have been calculated under section 442.9 , Code 1989, 32 multiplied by its budget enrollment for the base year as budget 33 enrollment would have been calculated under section 442.4 , 34 Code 1989, plus the amount added to district cost pursuant 35 -10- HF 215 (5) 85 kh/rj/md 10/ 83
H.F. 215 to section 442.21 , Code 1989, for each school district, by 1 the budget enrollment of the school district for the budget 2 year beginning July 1, 1990, calculated under section 257.6, 3 subsection 4 , as if section 257.6, subsection 4 , had been in 4 effect for that budget year. The regular program district cost 5 per pupil for the budget year beginning July 1, 1991, is the 6 amount calculated by the department of management under this 7 subsection plus the allowable growth supplemental state aid 8 amount , as defined in this division of this Act, calculated 9 for regular program state cost per pupil, except that if the 10 regular program district cost per pupil for the budget year 11 calculated under this subsection in any school district exceeds 12 one hundred ten percent of the regular program state cost per 13 pupil for the budget year, the department of management shall 14 reduce the regular program district cost per pupil of that 15 district for the budget year to an amount equal to one hundred 16 ten percent of the regular program state cost per pupil for the 17 budget year, and if the regular program district cost per pupil 18 for the budget year calculated under this subsection in any 19 school district is less than the regular program state cost per 20 pupil for the budget year, the department of management shall 21 increase the regular program district cost per pupil of that 22 district to an amount equal to the regular program state cost 23 per pupil for the budget year. 24 Sec. 19. Section 257.10, subsection 2, paragraph a, Code 25 2013, is amended to read as follows: 26 a. For the budget year beginning July 1, 1992, and 27 succeeding budget years, the regular program district cost per 28 pupil for each school district for a budget year is the regular 29 program district cost per pupil for the base year plus the 30 regular program allowable growth supplemental state aid for the 31 budget year except as otherwise provided in this subsection . 32 Sec. 20. Section 257.10, subsection 4, paragraph a, Code 33 2013, is amended to read as follows: 34 a. For the budget year beginning July 1, 1992, and 35 -11- HF 215 (5) 85 kh/rj/md 11/ 83
H.F. 215 succeeding budget years, the special education support services 1 district cost per pupil for the budget year is the special 2 education support services district cost per pupil for the base 3 year plus the special education support services allowable 4 growth supplemental state aid for the budget year. 5 Sec. 21. Section 257.10, subsection 5, Code 2013, is amended 6 to read as follows: 7 5. Combined district cost per pupil. The combined district 8 cost per pupil for a school district is the sum of the regular 9 program district cost per pupil and the special education 10 support services district cost per pupil. Combined district 11 cost per pupil does not include modified allowable growth 12 supplemental state aid added for school districts that have 13 a negative balance of funds raised for special education 14 instruction programs, modified allowable growth supplemental 15 state aid granted by the school budget review committee for a 16 single school year, or modified allowable growth supplemental 17 state aid added for programs for dropout prevention. 18 Sec. 22. Section 257.10, subsection 9, paragraph a, Code 19 2013, is amended to read as follows: 20 a. For the budget year beginning July 1, 2009, the 21 department of management shall add together the teacher 22 compensation allocation made to each district for the fiscal 23 year beginning July 1, 2008, pursuant to section 284.13, 24 subsection 1, paragraph “h” , Code 2009 , and the phase II 25 allocation made to each district for the fiscal year beginning 26 July 1, 2008, pursuant to section 294A.9 , Code 2009, and 27 divide that sum by the district’s budget enrollment in the 28 fiscal year beginning July 1, 2009, to determine the teacher 29 salary supplement district cost per pupil. For the budget 30 year beginning July 1, 2010, and succeeding budget years, 31 the teacher salary supplement district cost per pupil for 32 each school district for a budget year is the teacher salary 33 supplement program district cost per pupil for the base year 34 plus the teacher salary supplement state allowable growth 35 -12- HF 215 (5) 85 kh/rj/md 12/ 83
H.F. 215 supplemental state aid amount for the budget year. 1 Sec. 23. Section 257.10, subsection 10, paragraph a, Code 2 2013, is amended to read as follows: 3 a. For the budget year beginning July 1, 2009, the 4 department of management shall divide the professional 5 development allocation made to each district for the fiscal 6 year beginning July 1, 2008, pursuant to section 284.13, 7 subsection 1, paragraph “d” , Code 2009 , by the district’s 8 budget enrollment in the fiscal year beginning July 1, 2009, 9 to determine the professional development supplement cost 10 per pupil. For the budget year beginning July 1, 2010, 11 and succeeding budget years, the professional development 12 supplement district cost per pupil for each school district 13 for a budget year is the professional development supplement 14 district cost per pupil for the base year plus the professional 15 development supplement state allowable growth supplemental 16 state aid amount for the budget year. 17 Sec. 24. Section 257.10, subsection 11, paragraph a, Code 18 2013, is amended to read as follows: 19 a. For the budget year beginning July 1, 2009, the 20 department of management shall divide the early intervention 21 allocation made to each district for the fiscal year beginning 22 July 1, 2008, pursuant to section 256D.4 , Code 2009, by the 23 district’s budget enrollment in the fiscal year beginning July 24 1, 2009, to determine the early intervention supplement cost 25 per pupil. For the budget year beginning July 1, 2010, and 26 succeeding budget years, the early intervention supplement 27 district cost per pupil for each school district for a budget 28 year is the early intervention supplement district cost per 29 pupil for the base year plus the early development supplement 30 state allowable growth supplemental state aid amount for the 31 budget year. 32 Sec. 25. Section 257.13, subsections 2 and 3, Code 2013, are 33 amended to read as follows: 34 2. The board of directors of a school district that wishes 35 -13- HF 215 (5) 85 kh/rj/md 13/ 83
H.F. 215 to receive an on-time funding budget adjustment shall adopt 1 a resolution to receive the adjustment and notify the school 2 budget review committee annually, but not earlier than November 3 1, as determined by the department of education. The school 4 budget review committee shall establish a modified allowable 5 growth supplemental state aid in an amount determined pursuant 6 to subsection 1 . 7 3. If the board of directors of a school district 8 determines that a need exists for additional funds exceeding 9 the authorized budget adjustment for on-time funding pursuant 10 to this section , a request for modified allowable growth 11 supplemental state aid based upon increased enrollment may be 12 submitted to the school budget review committee as provided in 13 section 257.31 . 14 Sec. 26. Section 257.31, subsection 5, unnumbered paragraph 15 1, Code 2013, is amended to read as follows: 16 If a district has unusual circumstances, creating an unusual 17 need for additional funds, including but not limited to the 18 circumstances enumerated in paragraphs “a” through “n” , the 19 committee may grant supplemental aid to the district from any 20 funds appropriated to the department of education for the use 21 of the school budget review committee for the purposes of 22 this subsection . The school budget review committee shall 23 review a school district’s unexpended fund balance prior to 24 any decision regarding unusual finance circumstances. Such 25 aid shall be miscellaneous income and shall not be included in 26 district cost. In addition to or as an alternative to granting 27 supplemental aid the committee may establish a modified 28 allowable growth supplemental state aid for the district by 29 increasing its allowable growth supplemental state aid . The 30 school budget review committee shall review a school district’s 31 unspent balance prior to any decision to increase modified 32 allowable growth supplemental state aid under this subsection . 33 Sec. 27. Section 257.31, subsection 6, paragraph a, Code 34 2013, is amended to read as follows: 35 -14- HF 215 (5) 85 kh/rj/md 14/ 83
H.F. 215 a. The committee shall establish a modified allowable 1 growth supplemental state aid for a district by increasing 2 its allowable growth supplemental state aid when the district 3 submits evidence that it requires additional funding for 4 removal, management, or abatement of environmental hazards due 5 to a state or federal requirement. Environmental hazards shall 6 include but are not limited to the presence of asbestos, radon, 7 or the presence of any other hazardous material dangerous to 8 health and safety. 9 Sec. 28. Section 257.31, subsection 7, paragraph b, Code 10 2013, is amended to read as follows: 11 b. Other expenditures, including but not limited to 12 expenditures for salaries or recurring costs, are not 13 authorized under this subsection . Expenditures authorized 14 under this subsection shall not be included in allowable growth 15 supplemental state aid or district cost, and the portion of the 16 unexpended fund balance which is authorized to be spent shall 17 be regarded as if it were miscellaneous income. Any part of 18 the amount not actually spent for the authorized purpose shall 19 revert to its former status as part of the unexpended fund 20 balance. 21 Sec. 29. Section 257.31, subsection 14, paragraph b, 22 subparagraph (3), Code 2013, is amended to read as follows: 23 (3) A school district is only eligible to receive 24 supplemental aid payments during the budget year if the school 25 district certifies to the school budget review committee that 26 for the year following the budget year it will notify the 27 school budget review committee to instruct the director of the 28 department of management to increase the district’s allowable 29 growth supplemental state aid and will fund the allowable 30 growth supplemental state aid increase either by using moneys 31 from its unexpended fund balance to reduce the district’s 32 property tax levy or by using cash reserve moneys to equal the 33 amount of the deficit that would have been property taxes and 34 any part of the state aid portion of the deficit not received 35 -15- HF 215 (5) 85 kh/rj/md 15/ 83
H.F. 215 as supplemental aid under this subsection . The director of the 1 department of management shall make the necessary adjustments 2 to the school district’s budget to provide the modified 3 allowable growth supplemental state aid and shall make the 4 supplemental aid payments. 5 Sec. 30. Section 257.32, subsection 1, paragraph a, Code 6 2013, is amended to read as follows: 7 a. An area education agency budget review procedure is 8 established for the school budget review committee created 9 in section 257.30 . The school budget review committee, in 10 addition to its duties under section 257.31 , shall meet and 11 hold hearings each year to review unusual circumstances of area 12 education agencies, either upon the committee’s motion or upon 13 the request of an area education agency. The committee may 14 grant supplemental aid to the area education agency from funds 15 appropriated to the department of education for area education 16 agency budget review purposes, or an amount may be added to 17 the area education agency special education support services 18 allowable growth supplemental state aid for districts in an 19 area or an additional amount may be added to district cost for 20 media services or educational services for all districts in an 21 area for the budget year either on a temporary or permanent 22 basis, or both. 23 Sec. 31. Section 257.37, subsections 1 and 3, Code 2013, are 24 amended to read as follows: 25 1. For the budget year beginning July 1, 1991, and 26 succeeding budget years, the total amount funded in each area 27 for media services shall be computed as provided in this 28 subsection . For the budget year beginning July 1, 1991, the 29 total amount funded in each area for media services in the 30 base year shall be divided by the enrollment served in the 31 base year to provide an area media services cost per pupil in 32 the base year, and the department of management shall compute 33 the state media services cost per pupil in the base year which 34 is equal to the average of the area media services costs per 35 -16- HF 215 (5) 85 kh/rj/md 16/ 83
H.F. 215 pupil in the base year. For the budget year beginning July 1, 1 1991, and succeeding budget years, the department of management 2 shall compute the allowable growth supplemental state aid for 3 media services in the budget year by multiplying the state 4 media services cost per pupil in the base year times the state 5 percent of growth for the budget year, and the total amount 6 funded in each area for media services cost in the budget year 7 equals the area media services cost per pupil in the base year 8 plus the allowable growth supplemental state aid for media 9 services in the budget year times the enrollment served in the 10 budget year. Funds shall be paid to area education agencies 11 as provided in section 257.35 . 12 3. For the budget year beginning July 1, 1991, and 13 succeeding budget years, the total amount funded in each area 14 for educational services shall be computed as provided in this 15 subsection . For the budget year beginning July 1, 1991, the 16 total amount funded in each area for educational services 17 in the base year shall be divided by the enrollment served 18 in the area in the base year to provide an area educational 19 services cost per pupil in the base year, and the department of 20 management shall compute the state educational services cost 21 per pupil in the base year, which is equal to the average of 22 the area educational services costs per pupil in the base year. 23 For the budget year beginning July 1, 1991, and succeeding 24 budget years, the department of management shall compute 25 the allowable growth supplemental state aid for educational 26 services by multiplying the state educational services cost 27 per pupil in the base year times the state percent of growth 28 for the budget year, and the total amount funded in each area 29 for educational services for the budget year equals the area 30 educational services cost per pupil for the base year plus 31 the allowable growth supplemental state aid for educational 32 services in the budget year times the enrollment served in the 33 area in the budget year. Funds shall be paid to area education 34 agencies as provided in section 257.35 . 35 -17- HF 215 (5) 85 kh/rj/md 17/ 83
H.F. 215 Sec. 32. Section 257.37A, subsection 1, paragraph a, Code 1 2013, is amended to read as follows: 2 a. For the budget year beginning July 1, 2009, the 3 department of management shall add together the teacher 4 compensation allocation made to each area education agency for 5 the fiscal year beginning July 1, 2008, pursuant to section 6 284.13, subsection 1, paragraph “i” , Code 2009 , and the phase II 7 allocation made to each area education agency for the fiscal 8 year beginning July 1, 2008, pursuant to section 294A.9, Code 9 2009 , and divide that sum by the special education support 10 services weighted enrollment in the fiscal year beginning July 11 1, 2009, to determine the area education agency teacher salary 12 supplement cost per pupil. For the budget year beginning July 13 1, 2010, and succeeding budget years, the area education agency 14 teacher salary supplement district cost per pupil for each area 15 education agency for a budget year is the area education agency 16 teacher salary supplement district cost per pupil for the base 17 year plus the area education agency teacher salary supplement 18 state allowable growth supplemental state aid amount for the 19 budget year. 20 Sec. 33. Section 257.37A, subsection 2, paragraph a, Code 21 2013, is amended to read as follows: 22 a. For the budget year beginning July 1, 2009, the 23 department of management shall divide the area education 24 agency professional development supplement made to each 25 area education agency for the fiscal year beginning July 1, 26 2008, pursuant to section 284.13, subsection 1, paragraph 27 “d” , Code 2009 , by the special education support services 28 weighted enrollment in the fiscal year beginning July 1, 2009, 29 to determine the professional development supplement cost 30 per pupil. For the budget year beginning July 1, 2010, and 31 succeeding budget years, the area education agency professional 32 development supplement district cost per pupil for each area 33 education agency for a budget year is the area education agency 34 professional development supplement district cost per pupil 35 -18- HF 215 (5) 85 kh/rj/md 18/ 83
H.F. 215 for the base year plus the area education agency professional 1 development supplement state allowable growth supplemental 2 state aid amount for the budget year. 3 Sec. 34. Section 257.38, subsection 1, unnumbered paragraph 4 1, Code 2013, is amended to read as follows: 5 Boards of school districts, individually or jointly with 6 boards of other school districts, requesting to use modified 7 allowable growth supplemental state aid for programs for 8 returning dropouts and dropout prevention, shall submit 9 comprehensive program plans for the programs and budget 10 costs, including annual requests for modified allowable 11 growth supplemental state aid for funding the programs, to the 12 department of education as a component of the comprehensive 13 school improvement plan submitted to the department pursuant to 14 section 256.7, subsection 21 . The program plans shall include: 15 Sec. 35. Section 257.38, subsection 2, Code 2013, is amended 16 to read as follows: 17 2. Program plans shall identify the parts of the plan that 18 will be implemented first upon approval of the request. If 19 a district is requesting to use modified allowable growth 20 supplemental state aid to finance the program, the school 21 district shall not identify more than five percent of its 22 budget enrollment for the budget year as returning dropouts and 23 potential dropouts. 24 Sec. 36. Section 257.40, Code 2013, is amended to read as 25 follows: 26 257.40 Approval of programs for returning dropouts and 27 dropout prevention —— annual report. 28 1. The board of directors of a school district requesting 29 to use modified allowable growth supplemental state aid 30 for programs for returning dropouts and dropout prevention 31 shall submit requests for modified at-risk allowable growth 32 supplemental state aid , including budget costs, to the 33 department not later than December 15 of the year preceding 34 the budget year during which the program will be offered. 35 -19- HF 215 (5) 85 kh/rj/md 19/ 83
H.F. 215 The department shall review the request and shall prior to 1 January 15 either grant approval for the request or return the 2 request for approval with comments of the department included. 3 An unapproved request for a program may be resubmitted with 4 modifications to the department not later than February 1. 5 Not later than February 15, the department shall notify the 6 department of management and the school budget review committee 7 of the names of the school districts for which programs using 8 modified allowable growth supplemental state aid for funding 9 have been approved and the approved budget of each program 10 listed separately for each school district having an approved 11 request. 12 2. Beginning January 15, 2007, the department shall submit 13 an annual report to the chairpersons and ranking members 14 of the senate and house education committees that includes 15 the ways school districts in the previous school year used 16 modified allowable growth supplemental state aid approved under 17 subsection 1 ; identifies, by grade level, age, and district 18 size, the students in the dropout and dropout prevention 19 programs for which the department approves a request; describes 20 school district progress toward increasing student achievement 21 and attendance for the students in the programs; and describes 22 how the school districts are using the revenues from the 23 modified allowable growth supplemental state aid to improve 24 student achievement among minority subgroups. 25 Sec. 37. Section 257.41, subsections 1 and 3, Code 2013, are 26 amended to read as follows: 27 1. Budget. The budget of an approved program for returning 28 dropouts and dropout prevention for a school district, after 29 subtracting funds received from other sources for that purpose, 30 shall be funded annually on a basis of one-fourth or more 31 from the district cost of the school district and up to 32 three-fourths by an increase in allowable growth supplemental 33 state aid as defined in section 257.8 . Annually, the 34 department of management shall establish a modified allowable 35 -20- HF 215 (5) 85 kh/rj/md 20/ 83
H.F. 215 growth supplemental state aid for each such school district 1 equal to the difference between the approved budget for the 2 program for returning dropouts and dropout prevention for that 3 district and the sum of the amount funded from the district 4 cost of the school district plus funds received from other 5 sources. 6 3. Limitation. For the fiscal year beginning July 1, 2013, 7 and each succeeding fiscal year, the ratio of the amount of 8 modified allowable growth supplemental state aid established by 9 the department of management compared to the school district’s 10 total regular program district cost shall not exceed two and 11 one-half percent. However, if the school district’s highest 12 such ratio so determined for any fiscal year beginning on or 13 after July 1, 2009, but before July 1, 2013, exceeded two and 14 one-half percent, the ratio may exceed two and one-half percent 15 but shall not exceed the highest such ratio established during 16 that period. 17 Sec. 38. Section 257.46, subsection 2, Code 2013, is amended 18 to read as follows: 19 2. The remaining portion of the budget shall be funded 20 by the thirty-eight dollar increase in allowable growth 21 supplemental state aid, as defined in this division of this 22 Act, for the school budget year beginning July 1, 1999, 23 multiplied by a district’s budget enrollment. The thirty-eight 24 dollar increase for the school budget year beginning July 1, 25 1999, shall increase in subsequent years by each year’s state 26 percent of growth. School districts shall annually report 27 the amount expended for a gifted and talented program to the 28 department of education. The proportion of a school district’s 29 budget which corresponds to the thirty-eight dollar increase 30 in allowable growth supplemental state aid, as defined in this 31 division of this Act, for the school budget year beginning July 32 1, 1999, added to the amount in subsection 1 , shall be utilized 33 exclusively for a school district’s gifted and talented 34 program. 35 -21- HF 215 (5) 85 kh/rj/md 21/ 83
H.F. 215 Sec. 39. Section 273.23, subsection 8, Code 2013, is amended 1 to read as follows: 2 8. For the school year beginning on the effective date 3 of an area education agency reorganization as provided in 4 this subchapter , the special education support services 5 cost per pupil shall be based upon the combined base year 6 budgets for special education support services of the area 7 education agencies that reorganized to form the newly formed 8 area education agency, divided by the total of the weighted 9 enrollment for special education support services in the 10 reorganized area education agency for the base year plus the 11 allowable growth supplemental state aid amount per pupil for 12 special education support services for the budget year as 13 calculated in section 257.8 . 14 Sec. 40. Section 280.4, subsection 3, Code 2013, is amended 15 to read as follows: 16 3. In order to provide funds for the excess costs of 17 instruction of limited English proficient students above 18 the costs of instruction of pupils in a regular curriculum, 19 students identified as limited English proficient shall be 20 assigned an additional weighting of twenty-two hundredths, and 21 that weighting shall be included in the weighted enrollment of 22 the school district of residence for a period not exceeding 23 four years. However, the school budget review committee 24 may grant supplemental aid or modified allowable growth 25 supplemental state aid to a school district to continue funding 26 a program for students after the expiration of the four-year 27 period. 28 Sec. 41. APPLICABILITY. This division of this Act applies 29 to school budget years beginning on or after July 1, 2014. 30 DIVISION III 31 IOWA LEARNING ONLINE INITIATIVE —— FEES AND APPROPRIATIONS 32 Sec. 42. Section 256.42, Code 2013, is amended by adding the 33 following new subsections: 34 NEW SUBSECTION . 8. The department shall establish fees 35 -22- HF 215 (5) 85 kh/rj/md 22/ 83
H.F. 215 payable by school districts and accredited nonpublic schools 1 participating in the initiative. Fees collected pursuant 2 to this subsection are appropriated to the department to be 3 used only for the purpose of administering this section and 4 shall be established so as not to exceed the budgeted cost of 5 administering this section to the extent not covered by the 6 moneys appropriated in subsection 9. Providing professional 7 development necessary to prepare teachers to participate in the 8 initiative shall be considered a cost of administering this 9 section. Notwithstanding section 8.33, fees collected by the 10 department that remain unencumbered or unobligated at the close 11 of the fiscal year shall not revert but shall remain available 12 for expenditure for the purpose of expanding coursework offered 13 under the initiative in subsequent fiscal years. 14 NEW SUBSECTION . 9. There is appropriated from the general 15 fund of the state to the department, for the following fiscal 16 years, the following amounts, to be used for administering 17 this section and for not more than three full-time equivalent 18 positions: 19 a. For the fiscal year beginning July 1, 2013, and ending 20 June 30, 2014, the sum of one million five hundred thousand 21 dollars. 22 b. For the fiscal year beginning July 1, 2014, and ending 23 June 30, 2015, the sum of one million five hundred thousand 24 dollars. 25 c. For the fiscal year beginning July 1, 2015, and ending 26 June 30, 2016, the sum of one million five hundred thousand 27 dollars. 28 DIVISION IV 29 TRAINING AND EMPLOYMENT OF TEACHERS 30 Sec. 43. NEW SECTION . 256.95 Teach Iowa marketing and 31 public outreach initiative. 32 Subject to an appropriation of sufficient funds by the 33 general assembly, the department shall develop and implement a 34 teach Iowa marketing and public outreach initiative by January 35 -23- HF 215 (5) 85 kh/rj/md 23/ 83
H.F. 215 1, 2014. The initiative shall have the following goals: 1 1. To motivate high-performing high school and college 2 students to enter teacher preparation programs and to enter the 3 teaching profession in Iowa upon successful completion of such 4 programs. 5 2. To motivate teacher candidates, especially those in 6 science, technology, engineering, and mathematics fields, to 7 enter teacher preparation programs and to enter the teaching 8 profession in Iowa upon successful completion of such programs. 9 3. To recruit high-caliber teacher candidates to pursue 10 teaching careers in Iowa. 11 4. To encourage teacher candidates to pursue teaching 12 careers in rural Iowa. 13 5. To inform the public of the value of the teaching 14 profession and of the importance of Iowa’s education system to 15 the future of Iowa. 16 Sec. 44. NEW SECTION . 256.96 Online state job posting 17 system. 18 1. The department shall provide for the operation of an 19 online state job posting system. The system shall be designed 20 and implemented for the online posting of job openings offered 21 by school districts, charter schools, area education agencies, 22 the department, and accredited nonpublic schools. The system 23 shall be accessible via the department’s internet site. The 24 system shall include a mechanism for the electronic submission 25 of job openings for posting on the system as provided in 26 subsection 2. The department may contract for, or partner 27 with another entity for, the use of an existing internet 28 site to operate the online state job posting system if the 29 existing internet site is more effective and economical than 30 the department’s internet site. 31 2. A school district, charter school, or area education 32 agency shall submit all of its job openings to the department 33 for posting on the system. The department shall post all of 34 its job openings on the system. An accredited nonpublic school 35 -24- HF 215 (5) 85 kh/rj/md 24/ 83
H.F. 215 may submit job openings to the department for posting on the 1 system. 2 3. This section shall not be construed to do any of the 3 following: 4 a. Prohibit any employer from advertising job openings and 5 recruiting employees independently of the system. 6 b. Prohibit any employer from using another method of 7 advertising job openings or another applicant tracking system 8 in addition to the system. 9 c. Provide the department with any regulatory authority in 10 the hiring process or hiring decisions of any employer other 11 than the department. 12 Sec. 45. NEW SECTION . 256.98 Teach Iowa student teaching 13 pilot project. 14 1. Subject to an appropriation of sufficient funds by 15 the general assembly, the department shall establish a teach 16 Iowa student teaching pilot project in collaboration with 17 two institutions of higher education which offer teacher 18 preparation programs approved by the state board of education 19 pursuant to section 256.7, subsection 3. The two institutions 20 of higher education shall include one institution of higher 21 education under the control of the state board of regents and 22 one accredited private institution as defined in section 261.9. 23 2. The teach Iowa student teaching pilot project shall 24 provide students in teacher preparation programs with a 25 one-year student teaching experience. A student teaching 26 experience provided under the pilot project must include all 27 of the following requirements: 28 a. A participating institution of higher education 29 shall work with one or more school districts individually 30 or collaboratively to place groups of students in a 31 student teaching experience for an entire academic year. A 32 participating institution of higher education shall take into 33 consideration geographic diversity in the selection of school 34 districts for participation in the pilot project. 35 -25- HF 215 (5) 85 kh/rj/md 25/ 83
H.F. 215 b. A participating institution of higher education shall 1 supervise the student teachers in the classroom and shall 2 provide the students with weekly on-site instruction in 3 pedagogy in the participating school districts. 4 3. The state board shall adopt rules pursuant to chapter 17A 5 to administer this section. 6 Sec. 46. Section 261.2, subsection 8, Code 2013, is amended 7 to read as follows: 8 8. Submit by January 15 annually a report to the general 9 assembly which provides, by program, the number of individuals 10 who received loan forgiveness in the previous fiscal year, the 11 amount paid to individuals under sections 261.23 , and 261.73 , 12 and 261.112 , and the institutions from which individuals 13 graduated, and that includes any proposed statutory changes and 14 the commission’s findings and recommendations. 15 Sec. 47. NEW SECTION . 261.110 Teach Iowa scholar program. 16 1. A teach Iowa scholar program is established to provide 17 teach Iowa scholar grants to selected high-caliber teachers. 18 The commission shall administer the program in collaboration 19 with the department of education. 20 2. An Iowa resident or nonresident applicant shall be 21 eligible for a teach Iowa scholar grant if the applicant 22 meets all of the criteria specified under, or established in 23 accordance with, subsection 3. 24 3. Criteria for eligibility shall be established by the 25 commission and shall include but are not limited to the 26 following: 27 a. The applicant was in the top twenty-five percent 28 academically of students exiting a teacher preparation program 29 approved by the state board of education pursuant to section 30 256.7, subsection 3, or a similar teacher preparation program 31 in another state, or had earned other comparable academic 32 credentials. 33 b. The applicant is preparing to teach in fields including 34 but not limited to science, technology, engineering, or 35 -26- HF 215 (5) 85 kh/rj/md 26/ 83
H.F. 215 mathematics; or is preparing to teach in a hard-to-staff 1 subject as identified by the department. The department shall 2 annually identify and designate hard-to-staff subjects for the 3 purpose of this paragraph. 4 4. A selected applicant who meets all of the eligibility 5 requirements of this section shall be eligible for a teach Iowa 6 scholar grant for each year of full-time employment completed 7 in this state as a teacher for a school district, charter 8 school, area education agency, or accredited nonpublic school. 9 A teach Iowa scholar grant shall not exceed four thousand 10 dollars per year per recipient. Grants awarded under this 11 section shall not exceed a total of twenty thousand dollars per 12 recipient over a five-year period. 13 5. The commission, in collaboration with the department 14 of education, shall adopt rules pursuant to chapter 17A to 15 administer this section. The rules shall include but shall not 16 be limited to a process for use by the commission to determine 17 which eligible applicants will receive teach Iowa scholar 18 grants. 19 6. A teach Iowa scholar fund is established in the state 20 treasury. The fund shall be administered by the commission and 21 shall consist of moneys appropriated by the general assembly 22 and any other moneys received by the commission for deposit 23 in the fund. The moneys in the fund are appropriated to the 24 commission for the teach Iowa scholar program. Notwithstanding 25 section 8.33, moneys in the fund at the close of the fiscal 26 year shall not revert to the general fund of the state but 27 shall remain available for expenditure for the teach Iowa 28 scholar program for subsequent fiscal years. Notwithstanding 29 section 12C.7, subsection 2, interest or earnings on moneys in 30 the fund shall be credited to the fund. 31 Sec. 48. DEPARTMENT OF EDUCATION —— TEACH IOWA FY 32 2013-2014. There is appropriated from the general fund of 33 the state to the department of education for the fiscal year 34 beginning July 1, 2013, and ending June 30, 2014, the following 35 -27- HF 215 (5) 85 kh/rj/md 27/ 83
H.F. 215 amounts, or so much thereof as is necessary, to be used for the 1 purposes designated: 2 1. TEACH IOWA MARKETING AND PUBLIC OUTREACH INITIATIVE 3 For purposes of developing and implementing the teach Iowa 4 marketing and public outreach initiative pursuant to section 5 256.95, if enacted, and for not more than the following 6 full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00 9 Notwithstanding section 8.33, moneys appropriated in this 10 subsection that remain unencumbered or unobligated at the close 11 of the fiscal year for which they were appropriated shall 12 not revert but shall be transferred to the college student 13 aid commission for deposit in the teach Iowa scholar fund 14 established pursuant to section 261.110, if enacted. 15 2. TEACH IOWA STUDENT TEACHING PILOT PROJECT 16 For purposes of developing and implementing the teach Iowa 17 student teaching pilot project pursuant to section 256.98, 18 if enacted, and for not more than the following full-time 19 equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 22 Sec. 49. DEPARTMENT OF EDUCATION —— TEACH IOWA FY 23 2014-2015. There is appropriated from the general fund of 24 the state to the department of education for the fiscal year 25 beginning July 1, 2014, and ending June 30, 2015, the following 26 amounts, or so much thereof as is necessary, to be used for the 27 purposes designated: 28 1. TEACH IOWA MARKETING AND PUBLIC OUTREACH INITIATIVE 29 For purposes of developing and implementing the teach Iowa 30 marketing and public outreach initiative pursuant to section 31 256.95, if enacted, and for not more than the following 32 full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00 35 -28- HF 215 (5) 85 kh/rj/md 28/ 83
H.F. 215 Notwithstanding section 8.33, moneys appropriated in this 1 subsection that remain unencumbered or unobligated at the close 2 of the fiscal year for which they were appropriated shall 3 not revert but shall be transferred to the college student 4 aid commission for deposit in the teach Iowa scholar fund 5 established pursuant to section 261.110, if enacted. 6 2. TEACH IOWA STUDENT TEACHING PILOT PROJECT 7 For purposes of developing and implementing the teach Iowa 8 student teaching pilot project pursuant to section 256.98, 9 if enacted, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 13 Sec. 50. REPEAL. Section 261.112, Code 2013, is repealed. 14 Sec. 51. TRANSITION FUNDING PROVISIONS. On July 1, 2014, 15 any unobligated and unencumbered moneys in the teacher shortage 16 loan forgiveness repayment fund shall revert to the general 17 fund of the state. Any remaining obligations of the teacher 18 shortage loan forgiveness program continuing on or after July 19 1, 2014, shall be met with moneys in the teach Iowa scholar 20 fund established by section 261.110. 21 Sec. 52. EFFECTIVE DATE. The following provisions of this 22 division of this Act take effect July 1, 2014: 23 1. The section of this division of this Act amending section 24 261.2. 25 2. The section of this division of this Act repealing 26 section 261.112. 27 DIVISION V 28 ASSESSMENTS —— IOWA CERTIFICATE OF DISTINCTION PROGRAM 29 Sec. 53. Section 256.7, subsection 21, paragraph b, Code 30 2013, is amended to read as follows: 31 b. A set of core academic indicators in mathematics and 32 reading in grades four, eight, and eleven, a set of core 33 academic indicators in science in grades eight and eleven, and 34 another set of core indicators that includes but is not limited 35 -29- HF 215 (5) 85 kh/rj/md 29/ 83
H.F. 215 to graduation rate, postsecondary education, and successful 1 employment in Iowa. 2 (1) Annually, the department shall report state data 3 for each indicator in the condition of education report. 4 Rules adopted pursuant to this subsection shall specify that 5 the approved district-wide assessment of student progress 6 administered for purposes of this paragraph the indicators 7 shall be the assessment utilized by school districts statewide 8 in the school year beginning July 1, 2011 , or a successor 9 assessment administered by the same assessment provider . 10 (2) Notwithstanding subparagraph (1), for the school 11 year beginning July 1, 2014, and each succeeding school 12 year, the rules shall provide that all students enrolled 13 in school districts in grades three through eleven shall, 14 within forty-five days of the end of the school year, be 15 administered an assessment that at a minimum assesses the 16 indicators identified in this paragraph “b” ; is aligned with 17 the Iowa common core standards in both content and rigor; 18 is developed by a consortium in which the state of Iowa is 19 a participant; accurately describes student achievement and 20 growth for purposes of the school, the school district, and 21 state accountability systems; and provides valid, reliable, 22 and fair measures of student progress toward college or career 23 readiness. 24 (3) The director shall establish a task force to review 25 and assist with the final development and implementation of 26 the assessment specified in subparagraph (2). The task force 27 members shall include but not be limited to teachers, school 28 administrators, business leaders, representatives of state 29 agencies, and members of the general public. This subparagraph 30 is repealed July 1, 2015. 31 (4) The state board may submit to the general assembly 32 recommendations the state board deems appropriate for 33 modifications of assessments of student progress administered 34 for purposes of this paragraph “b” . 35 -30- HF 215 (5) 85 kh/rj/md 30/ 83
H.F. 215 Sec. 54. NEW SECTION . 256.27 Iowa certificate of 1 distinction program and council. 2 1. An Iowa certificate of distinction program is 3 established within the department. The program shall be 4 designed by the director, in collaboration with local education 5 agencies and accredited higher education institutions, to 6 accomplish the following objectives if implemented by a school 7 district or accredited nonpublic school: 8 a. To define college- and career-ready performance 9 expectations that are aligned to national and international 10 college- and career-ready standards. 11 b. To compel stronger alignment of curriculum, instruction, 12 and assessment with the knowledge, skills, and abilities most 13 predictive of student success in secondary and postsecondary 14 education programs, and in careers. 15 c. To identify students who upon graduation from high school 16 demonstrate specific competencies aligned with college and 17 career readiness. 18 d. To validate that students have met specific expectations 19 and demonstrated essential competencies or skills identified 20 by the department as important across a range of education and 21 career opportunities. 22 e. To recognize students by awarding a certificate of 23 distinction associated with specific subjects or areas of 24 accomplishment. 25 f. (1) To encourage institutions of higher education 26 governed by the state board of regents and accredited private 27 institutions as defined in section 261.9 to consider the 28 certificate of distinction in assessing whether an applicant 29 meets the institution’s requirements for admission. 30 (2) To encourage community colleges to exempt students 31 awarded a certificate of distinction by meeting college- 32 or career-readiness standards from additional placement or 33 readiness testing. 34 (3) To integrate the Iowa certificate of distinction in 35 -31- HF 215 (5) 85 kh/rj/md 31/ 83
H.F. 215 career-readiness and college-readiness program with the I have 1 a plan Iowa program administered by the college student aid 2 commission, the Iowa core implementation plan, competency-based 3 education, the skilled Iowa program administered by the 4 department of workforce development, the economic development 5 authority’s targeted industries program, the Iowa science, 6 technology, engineering, and mathematics advisory council, and 7 other statewide workforce initiatives as appropriate. 8 g. To encourage business and industry to realize the 9 benefits of the certificate of distinction program. 10 2. The certificate of distinction program council is 11 created within the department to regularly advise and make 12 recommendations to the director and the state board on the 13 operation of the certificate of distinction program. The 14 governor shall appoint the council’s members. 15 a. The council shall submit its findings and recommendations 16 periodically and at least annually in a report to the governor, 17 the director, and the state board. The council shall do the 18 following: 19 (1) Recommend specific academic or skill areas for which 20 a certificate of distinction may be awarded, including but 21 not limited to certificates related to college-readiness, 22 specialized academic pathways, and specialized career and 23 technical pathways including fields related to science, 24 technology, engineering, and mathematics. 25 (2) Recommend standards for certificates of distinction 26 that reflect the high quality of work a student must complete 27 throughout a significant portion of the student’s secondary 28 education, and not merely during a single year. 29 (3) Recommend specific requirements and criteria for 30 awarding a certificate of distinction in each subject or area 31 of accomplishment. The requirements shall include but not be 32 limited to the demonstration of competencies in both content 33 and universal constructs through the following: 34 (a) A core course of study. 35 -32- HF 215 (5) 85 kh/rj/md 32/ 83
H.F. 215 (b) A specialized course of study related to each area for 1 which a certificate of distinction may be awarded. 2 (c) Multiple assessments and demonstrations of competency 3 in a variety of formats including but not limited to at least 4 one standardized measure of college readiness and the national 5 career readiness certificate. 6 (d) A capstone project portfolio demonstrating academic and 7 nonacademic skills and abilities associated with postsecondary 8 academic success. The recommendation shall include the content 9 areas in which a capstone project may be completed and an 10 optional capstone project focusing on entrepreneurship or 11 entrepreneurial education. 12 (4) Recommend, as necessary, adjustments to types or 13 categories of certificates of distinction available for award 14 based on criteria to be determined by the state board. 15 (5) Recommend a tiered implementation schedule that 16 begins July 1, 2014, has a goal of making some certificates of 17 distinction available for award to the 2015 graduating class, 18 and results in full implementation of the program by July 1, 19 2017. 20 (6) Recommend a strategy to meet the objective established 21 in subsection 1, paragraph “f” . 22 (7) Recommend a strategy to encourage participating Iowa 23 businesses and industries to establish hiring preferences to 24 an applicant who was awarded a certificate of distinction, 25 including but not limited to a certificate that requires 26 attainment of a national career readiness certificate and other 27 readiness criteria. 28 b. The council shall be comprised of at least twenty 29 voting members representing the elementary and secondary 30 education community, the postsecondary education community, 31 small business employers, medium-size business employers, large 32 business employers, local government, state government, and 33 economic development entities. Members shall be appointed 34 to reflect a balance between educators and noneducators. In 35 -33- HF 215 (5) 85 kh/rj/md 33/ 83
H.F. 215 selecting individuals for appointment to the council, the 1 governor shall seek nominations from the following entities: 2 (1) The Iowa business council. 3 (2) The Iowa association of business and industry. 4 (3) The Iowa chamber alliance. 5 (4) The professional developers of Iowa. 6 (5) The department of workforce development. 7 (6) The economic development authority. 8 (7) An association representing individuals providing Iowa 9 career and technical education. 10 (8) An association comprised of Iowa school counselors. 11 (9) A statewide organization representing Iowa 12 municipalities. 13 (10) The Iowa council of governments. 14 (11) The state board of regents, which shall submit 15 nominations for at least three prospective members. 16 (12) An association representing accredited private 17 institutions as defined in section 261.9. 18 (13) A statewide association representing Iowa’s community 19 college presidents. 20 (14) A statewide association representing Iowa school 21 administrators licensed under chapter 272. 22 (15) A statewide association representing the boards of 23 directors of Iowa school districts. 24 (16) A statewide association representing Iowa’s accredited 25 nonpublic schools. 26 (17) A statewide organization made up of the Iowa school 27 districts with the largest enrollments. 28 (18) A statewide organization representing teachers 29 licensed under chapter 272. 30 c. Four members of the general assembly shall serve as ex 31 officio, nonvoting members of the council, with one member to 32 be appointed by each of the following: the majority leader of 33 the senate, the minority leader of the senate, the speaker of 34 the house of representatives, and the minority leader of the 35 -34- HF 215 (5) 85 kh/rj/md 34/ 83
H.F. 215 house of representatives. A legislative member serves for a 1 term as provided in section 69.16B and is eligible for per diem 2 and expenses as provided in section 2.10. 3 3. The state board shall adopt, and may amend, standards, 4 requirements, and criteria for awarding a certificate of 5 distinction, which shall be made available to school districts 6 and participating accredited nonpublic schools not later than 7 July 1, 2014. 8 4. By June 1, 2014, the state board shall adopt rules 9 pursuant to chapter 17A for the administration of this section, 10 including but not limited to rules establishing the minimum 11 components of the certificate of distinction program that 12 are part of the educational standards under section 256.11, 13 subsection 5. The rules shall require participating school 14 districts to note achievement of a certificate of distinction 15 on a qualifying student’s high school transcript. 16 5. The authorities in charge of an accredited nonpublic 17 school may elect to participate in the certificate of 18 distinction program, and may offer students enrolled in the 19 school the opportunity to participate in the program. 20 Sec. 55. DEPARTMENT OF EDUCATION —— CERTIFICATE OF 21 DISTINCTION PROGRAM. There is appropriated from the 22 general fund of the state to the department of education 23 for the following fiscal years the following amounts, or so 24 much thereof as is necessary, to be used for the purposes 25 designated: 26 For purposes of developing and implementing the certificate 27 of distinction program pursuant to section 256.27, if enacted: 28 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 29 DIVISION VI 30 TEACHER AND ADMINISTRATOR DEVELOPMENT SYSTEM 31 Sec. 56. Section 256.7, Code 2013, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 33. Adopt rules establishing a statewide 34 system of evaluation and performance review requirements for 35 -35- HF 215 (5) 85 kh/rj/md 35/ 83
H.F. 215 teachers and a statewide system of evaluation requirements for 1 administrators. The systems shall align with Iowa teaching 2 standards or the Iowa standards for school administrators, as 3 appropriate, and shall use clear and concise evaluation and 4 performance review criteria and descriptors; provide for a 5 fair and balanced use of student outcome measures, comprised 6 of objective, reliable measurers of student growth, classroom 7 observations and student surveys; include a tiered evaluation 8 or performance review system that differentiates at least four 9 tiers of teacher performance; and be applicable to all teachers 10 and school administrators, as appropriate, in a charter school, 11 school district, or area education agency. 12 Sec. 57. Section 256.9, subsections 46 and 51, Code 2013, 13 are amended to read as follows: 14 46. Develop core knowledge and skill criteria, based upon 15 significantly shaped by the Iowa teaching standards and the 16 interstate teacher assessment and support consortium’s model 17 core teaching standards , for the evaluation, the advancement, 18 and for teacher career development purposes pursuant to chapter 19 284 . The criteria shall further define the characteristics of 20 quality teaching as established by the Iowa teaching standards 21 and the interstate teacher assessment and support consortium’s 22 model core teaching standards . The director, in consultation 23 with the board of educational examiners, shall also develop a 24 transition plan for implementation of the career development 25 standards developed pursuant to section 256.7, subsection 25 , 26 with regard to licensure renewal requirements. The plan shall 27 include a requirement that practitioners be allowed credit for 28 career development completed prior to implementation of the 29 career development standards developed pursuant to section 30 256.7, subsection 25 . 31 51. Develop , and periodically review and revise as 32 necessary, Iowa standards for school administrators, including 33 knowledge and skill criteria, and develop, based on the 34 Iowa standards for administrators, mentoring and induction, 35 -36- HF 215 (5) 85 kh/rj/md 36/ 83
H.F. 215 evaluation processes, and professional development plans 1 pursuant to chapter 284A . The criteria shall further define 2 the characteristics of quality administrators as established by 3 the Iowa standards for school administrators. 4 Sec. 58. Section 256.9, Code 2013, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 63. Do all of the following by July 1, 7 2015, in order to develop and implement an Iowa educator 8 development system: 9 a. (1) Develop by July 1, 2015, additional Iowa teaching 10 standards designed specifically for purposes of chapters 279 11 and 284. The additional standards shall align with nationally 12 accepted teaching standards. Based upon the standards 13 developed pursuant to this paragraph, the director shall 14 develop core knowledge and skill criteria for the evaluation 15 and advancement of teachers, and for teacher career development 16 purposes pursuant to chapter 284. The criteria shall further 17 define the characteristics of quality teaching as significantly 18 shaped by the Iowa teaching standards and the interstate 19 teacher assessment and support consortium’s model core teaching 20 standards. 21 (2) The Iowa teaching standards developed pursuant to 22 subparagraph (1) shall be based on significant input from the 23 council on educator development established and convened by the 24 director. By October 15, 2015, the director shall submit to 25 the state board and to the general assembly recommendations 26 for changes in policy or statute. If implementation of the 27 Iowa teaching standards developed pursuant to subparagraph (1) 28 require a change in policy or statute, the change shall not be 29 made without statutory approval. 30 b. Develop and implement Iowa standards for school 31 administrators designed specifically for purposes of chapters 32 272 and 284A. The standards shall be based on significant 33 input from Iowa administrators and align with nationally 34 accepted school administrator standards. 35 -37- HF 215 (5) 85 kh/rj/md 37/ 83
H.F. 215 c. Review and, where necessary, revise the standards and 1 requirements for the evaluator training program established 2 pursuant to section 284.10. 3 d. Develop and implement a coaching and support system for 4 teachers aligned with the Iowa teacher career paths, leadership 5 roles, and compensation framework established pursuant to 6 section 284.15, if enacted. 7 e. Develop and implement a coaching and support system 8 for administrators aligned with the beginning administrator 9 mentoring and induction program created pursuant to section 10 284A.5. 11 Sec. 59. Section 272.9A, subsection 1, Code 2013, is amended 12 to read as follows: 13 1. Beginning July 1, 2007, requirements Requirements for 14 administrator licensure beyond an initial license shall include 15 completion of a beginning administrator mentoring and induction 16 program and demonstration of competence on the administrator 17 Iowa standards for school administrators adopted pursuant to 18 section 284A.3 256.7, subsection 27 . 19 Sec. 60. Section 279.14, subsection 1, Code 2013, is amended 20 to read as follows: 21 1. The board shall establish written evaluation criteria 22 and shall establish and annually implement evaluation 23 procedures. The evaluation criteria and procedures shall be 24 consistent with the statewide system of performance review 25 requirements established by the state board pursuant to section 26 256.7, subsection 33, and the provisions of chapter 284. If 27 an exclusive bargaining representative has been certified, the 28 board shall negotiate in good faith with respect to evaluation 29 procedures pursuant to chapter 20 . 30 Sec. 61. Section 279.23A, Code 2013, is amended to read as 31 follows: 32 279.23A Evaluation criteria and procedures. 33 The board shall establish written evaluation criteria and 34 shall establish and annually implement evaluation procedures. 35 -38- HF 215 (5) 85 kh/rj/md 38/ 83
H.F. 215 The evaluation criteria and procedures shall be consistent 1 with the statewide system of evaluation requirements for 2 administrators established by the state board pursuant to 3 section 256.7, subsection 33, and with the provisions of 4 chapter 284A. The board shall also establish written job 5 descriptions for all supervisory positions. 6 Sec. 62. Section 284.3, subsections 2 and 3, Code 2013, are 7 amended to read as follows: 8 2. A school board shall provide for the following: 9 a. For purposes of comprehensive evaluations for beginning 10 teachers required to allow beginning teachers to progress to 11 career teachers, standards and criteria that are the Iowa 12 teaching standards specified in subsection 1 and the criteria 13 for the Iowa teaching standards developed by the department in 14 accordance with section 256.9, subsection 46 director . These 15 standards and criteria shall be set forth in an instrument 16 provided by the department. The comprehensive evaluation 17 and instrument are not subject to negotiations or grievance 18 procedures pursuant to chapter 20 or determinations made by the 19 board of directors under section 279.14 . A local school board 20 and its certified bargaining representative may negotiate, 21 pursuant to chapter 20 , evaluation and grievance procedures for 22 beginning teachers that are not in conflict with this chapter . 23 If, in accordance with section 279.19 , a beginning teacher 24 appeals the determination of a school board to an adjudicator 25 under section 279.17 , the adjudicator selected shall have 26 successfully completed training related to the Iowa teacher 27 standards, the criteria adopted by the state board of education 28 in accordance with subsection 3 , and any additional training 29 required under rules adopted by the public employment relations 30 board in cooperation with the state board of education. 31 b. For purposes of performance reviews for teachers other 32 than beginning teachers, evaluations that contain, at a 33 minimum, the Iowa teaching standards specified in subsection 1 34 and the interstate teacher assessment and support consortium’s 35 -39- HF 215 (5) 85 kh/rj/md 39/ 83
H.F. 215 model core teaching standards , as well as the criteria for the 1 Iowa additional teaching standards developed by the department 2 in accordance with section 256.9, subsection 46 director, 3 and a balanced use of student outcome measurers, comprised 4 of objective, reliable measures of student growth, classroom 5 observation, and student surveys . A local school board and its 6 certified bargaining representative may negotiate, pursuant 7 to chapter 20 , additional teaching standards and criteria. A 8 local school board and its certified bargaining representative 9 shall negotiate, pursuant to chapter 20 , evaluation and 10 grievance procedures for teachers other than beginning teachers 11 that are not in conflict with this chapter . 12 3. The state board shall adopt by rule pursuant to chapter 13 17A the criteria developed by the department in accordance with 14 section 256.9, subsection 46 director . 15 Sec. 63. Section 284.8, subsection 2, Code 2013, is amended 16 to read as follows: 17 2. If a supervisor or an evaluator determines, at any 18 time, as a result of a teacher’s performance that the teacher 19 is not meeting district expectations under the Iowa teaching 20 standards specified in section 284.3, subsection 1, paragraphs 21 “a” through “h” , the criteria for the Iowa teaching standards 22 developed by the department in accordance with section 256.9, 23 subsection 46 director , and any other standards or criteria 24 established in the collective bargaining agreement, the 25 evaluator shall, at the direction of the teacher’s supervisor, 26 recommend to the district that the teacher participate in an 27 intensive assistance program. The intensive assistance program 28 and its implementation are subject to negotiation and grievance 29 procedures established pursuant to chapter 20 . All school 30 districts shall be prepared to offer an intensive assistance 31 program. 32 Sec. 64. Section 284A.2, subsection 3, Code 2013, is amended 33 to read as follows: 34 3. “Comprehensive evaluation” means a summative evaluation 35 -40- HF 215 (5) 85 kh/rj/md 40/ 83
H.F. 215 of a beginning administrator conducted by an evaluator 1 in accordance with section 284A.3 284A.4 for purposes of 2 determining a beginning administrator’s level of competency 3 for recommendation for licensure based on the Iowa standards 4 for school administrators adopted pursuant to section 256.7, 5 subsection 27 . 6 Sec. 65. Section 284A.3, Code 2013, is amended to read as 7 follows: 8 284A.3 Iowa standards for school administrators administrator 9 evaluations. 10 By July 1, 2008, each school board shall provide for 11 evaluations for administrators under individual professional 12 development plans developed in accordance with section 279.23A , 13 and the Iowa standards for school administrators and related 14 criteria adopted by the state board in accordance with section 15 256.7, subsection 27 . A local school board may establish 16 additional administrator standards and related criteria. This 17 section is repealed July 1, 2015. 18 Sec. 66. COUNCIL ON EDUCATOR DEVELOPMENT ESTABLISHED. 19 1. The director of the department of education shall 20 establish and convene a council on educator development 21 to review the current teacher and administrator evaluation 22 requirements and the teacher performance review requirements, 23 and to make recommendations to the director regarding 24 improvement to the evaluation and performance review 25 requirements for teachers and to the evaluation requirements 26 for administrators. 27 2. The council shall make recommendations to the director 28 concerning development of the following: 29 a. A holistic vision of teacher and administrator 30 development and dissemination of this vision to schools, school 31 districts, and area education agencies. 32 b. Methods designed to foster a culture of continuous 33 learning and improvement within schools, school districts, 34 and area education agencies with differentiated supports for 35 -41- HF 215 (5) 85 kh/rj/md 41/ 83
H.F. 215 educators. 1 c. Iowa teaching standards and the administrator standards 2 for school administrators. 3 d. Performance review for teachers and evaluation criteria 4 for teachers and administrators. 5 e. A method for incorporating a fair and balanced use of 6 student outcome measures comprised of objective, reliable 7 measures of student growth, classroom observation, and student 8 surveys, into teacher evaluations. 9 f. A means to differentiate teacher performance into four 10 tiers. 11 3. The council shall be comprised of at least seventeen 12 voting members appointed by the director as follows: 13 a. Eight members representing education stakeholders; four 14 of whom shall be practitioners knowledgeable about the Iowa 15 core curriculum, and four of whom shall be knowledgeable about 16 current education research and practice in educator quality. 17 b. One member representing the department of education, who 18 shall serve as chairperson of the council. 19 c. One member representing the area education agencies. 20 d. One member representing a certified employee 21 organization representing teachers licensed under chapter 272. 22 e. One member representing a statewide organization 23 representing school administrators licensed under chapter 272. 24 f. One member representing rural school districts selected 25 by a statewide organization representing the boards of 26 directors of school districts. 27 g. One member representing an organization made up of Iowa 28 school districts with the largest student enrollments. 29 h. One member representing Iowa’s approved teacher 30 preparation programs. 31 i. One member representing Iowa’s approved administrator 32 preparation programs. 33 j. One member representing parents of Iowa elementary or 34 secondary students. 35 -42- HF 215 (5) 85 kh/rj/md 42/ 83
H.F. 215 k. Other education stakeholders as determined by the 1 director. 2 4. Four members of the general assembly shall serve as ex 3 officio, nonvoting members of the council, with one member to 4 be appointed by each of the following: the majority leader of 5 the senate, the minority leader of the senate, the speaker of 6 the house of representatives, and the minority leader of the 7 house of representatives. 8 5. The council shall submit its findings and 9 recommendations to the state board of education, the governor, 10 and the general assembly by January 1, 2015. 11 6. The director shall consider the findings and 12 recommendations of the council to revise evaluator training in 13 accordance with section 256.9, subsection 63; and to develop 14 a statewide system of performance review requirements for 15 teachers and a statewide system of evaluation requirements for 16 administrators which the director shall submit to the state 17 board of education for approval. 18 Sec. 67. DEPARTMENT OF EDUCATION —— EDUCATOR DEVELOPMENT 19 SYSTEM. There is appropriated from the general fund of the 20 state to the department of education for the fiscal period 21 beginning July 1, 2013, and ending June 30, 2015, the following 22 amounts, or so much thereof as is necessary, to be used for the 23 purposes designated: 24 For purposes of developing and implementing an Iowa educator 25 development system pursuant to section 256.9, subsection 63, 26 if enacted, and establishing a council on educator development 27 pursuant to this Act: 28 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 29 FY 2014-2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,500,000 30 Of the moneys appropriated each fiscal year for purposes of 31 this section, up to $300,000 may be used by the department for 32 administrative purposes and for not more than three full-time 33 equivalent positions. 34 DIVISION VII 35 -43- HF 215 (5) 85 kh/rj/md 43/ 83
H.F. 215 IOWA TEACHER CAREER AND COMPENSATION MATTERS 1 Sec. 68. Section 257.1, subsection 2, paragraph b, Code 2 2013, is amended to read as follows: 3 b. For the budget year commencing July 1, 1999, and for each 4 succeeding budget year the regular program foundation base per 5 pupil is eighty-seven and five-tenths percent of the regular 6 program state cost per pupil. For the budget year commencing 7 July 1, 1991, and for each succeeding budget year the special 8 education support services foundation base is seventy-nine 9 percent of the special education support services state cost 10 per pupil. The combined foundation base is the sum of the 11 regular program foundation base, the special education support 12 services foundation base, the total teacher salary supplement 13 district cost, the total professional development supplement 14 district cost, the total early intervention supplement district 15 cost, the total teacher leadership supplement district cost, 16 the total area education agency teacher salary supplement 17 district cost, and the total area education agency professional 18 development supplement district cost. 19 Sec. 69. Section 257.1, subsection 3, Code 2013, is amended 20 to read as follows: 21 3. Computations rounded. In making computations and 22 payments under this chapter , except in the case of computations 23 relating to funding of special education support services, 24 media services, and educational services provided through the 25 area education agencies, and the teacher salary supplement, the 26 professional development supplement, and the early intervention 27 supplement, and the teacher leadership supplement, the 28 department of management shall round amounts to the nearest 29 whole dollar. 30 Sec. 70. Section 257.4, subsection 1, paragraph a, Code 31 2013, is amended by adding the following new subparagraph: 32 NEW SUBPARAGRAPH . (8) The total teacher leadership 33 supplement district cost. 34 Sec. 71. Section 257.8, subsection 2, Code 2013, is amended 35 -44- HF 215 (5) 85 kh/rj/md 44/ 83
H.F. 215 to read as follows: 1 2. Categorical state percent of growth. The categorical 2 state percent of growth for the budget year beginning July 1, 3 2010, is two percent. The categorical state percent of growth 4 for the budget year beginning July 1, 2012, is two percent. 5 The categorical state percent of growth for each budget year 6 shall be established by statute which shall be enacted within 7 thirty days of the submission in the year preceding the 8 base year of the governor’s budget under section 8.21 . The 9 establishment of the categorical state percent of growth for a 10 budget year shall be the only subject matter of the bill which 11 enacts the categorical state percent of growth for a budget 12 year. The categorical state percent of growth may include 13 state percents of growth for the teacher salary supplement, the 14 professional development supplement, and the early intervention 15 supplement , and the teacher leadership supplement . 16 Sec. 72. Section 257.9, Code 2013, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 11. Teacher leadership supplement state cost 19 per pupil. The teacher leadership supplement state cost per 20 pupil amount for the budget year beginning July 1, 2014, shall 21 be calculated by the department of management by dividing the 22 allocation amount for the budget year beginning July 1, 2014, 23 in section 284.13, subsection 1, paragraph “0e” , subparagraph 24 (5), by one-third of the statewide total budget enrollment for 25 the fiscal year beginning July 1, 2014. The teacher leadership 26 supplement state cost per pupil for the budget year beginning 27 July 1, 2015, and succeeding budget years, shall be the teacher 28 leadership supplement state cost per pupil for the base year 29 plus a supplemental state aid amount that is equal to the 30 teacher leadership supplement categorical state percent of 31 growth, pursuant to section 257.8, subsection 2, for the budget 32 year, multiplied by the teacher leadership supplement state 33 cost per pupil for the base year. 34 Sec. 73. Section 257.10, subsection 8, paragraph a, Code 35 -45- HF 215 (5) 85 kh/rj/md 45/ 83
H.F. 215 2013, is amended to read as follows: 1 a. Combined district cost is the sum of the regular program 2 district cost per pupil multiplied by the weighted enrollment, 3 the special education support services district cost, the total 4 teacher salary supplement district cost, the total professional 5 development supplement district cost, and the total early 6 intervention supplement district cost, and the total teacher 7 leadership supplement district cost, plus the sum of the 8 additional district cost allocated to the district to fund 9 media services and educational services provided through the 10 area education agency, the area education agency total teacher 11 salary supplement district cost and the area education agency 12 total professional development supplement district cost. 13 Sec. 74. Section 257.10, Code 2013, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 12. Teacher leadership supplement cost per 16 pupil and district cost. 17 a. The teacher leadership supplement district cost per 18 pupil amount for the budget year beginning July 1, 2014, shall 19 be calculated by the department of management by dividing the 20 allocation amount for the budget year beginning July 1, 2014, 21 in section 284.13, subsection 1, paragraph “0e” , subparagraph 22 (5), by one-third of the statewide total budget enrollment 23 for the fiscal year beginning July 1, 2014. For the budget 24 year beginning July 1, 2015, and succeeding budget years, the 25 teacher leadership supplement district cost per pupil for each 26 school district for a budget year is the teacher leadership 27 supplement program district cost per pupil for the base year 28 plus the teacher leadership supplement supplemental state aid 29 amount for the budget year. 30 b. For the budget year beginning July 1, 2015, and 31 succeeding budget years, if the department of management 32 determines that the unadjusted teacher leadership supplement 33 district cost of a school district for a budget year is less 34 than one hundred percent of the unadjusted teacher leadership 35 -46- HF 215 (5) 85 kh/rj/md 46/ 83
H.F. 215 supplement district cost for the base year for the school 1 district, the school district shall receive a budget adjustment 2 for that budget year equal to the difference. 3 c. (1) The unadjusted teacher leadership supplement 4 district cost is the teacher leadership supplement district 5 cost per pupil for each school district for a budget year 6 multiplied by the budget enrollment for that school district. 7 (2) The total teacher leadership supplement district cost 8 is the sum of the unadjusted teacher leadership supplement 9 district cost plus the budget adjustment for that budget year. 10 d. For the budget year beginning July 1, 2014, and 11 succeeding budget years, the use of the funds calculated under 12 this subsection shall comply with the requirements of chapter 13 284 and shall be distributed to teachers pursuant to section 14 284.15. The funds shall be used only to increase the stipend 15 payment for a model, mentor, or lead teacher; to increase the 16 percentages of model, mentor, or lead teachers; to increase the 17 minimum teacher starting salary to thirty-two thousand dollars; 18 to cover the costs for the time mentor and lead teachers are 19 not providing instruction to students in a classroom; for 20 coverage of a classroom when an initial or career teacher is 21 observing or co-teaching with a mentor, model, or lead teacher; 22 for professional development time to learn best practices 23 associated with the career pathways leadership process; and for 24 other costs associated with an alternative teacher leadership 25 proposal submitted by a district and approved by the department 26 of education with the goals of improving instruction and 27 elevating the quality of teaching and student learning. 28 Sec. 75. Section 257.16, subsection 4, Code 2013, is amended 29 to read as follows: 30 4. Notwithstanding any provision to the contrary, if 31 the governor orders budget reductions in accordance with 32 section 8.31 , the teacher salary supplement district cost, 33 the professional development supplement district cost, and 34 the early intervention supplement district cost , and the 35 -47- HF 215 (5) 85 kh/rj/md 47/ 83
H.F. 215 teacher leadership supplement district cost as calculated 1 under section 257.10, subsections 9, 10, and 11 , and 12, and 2 the area education agency teacher salary supplement district 3 cost and the area education agency professional development 4 supplement district cost as calculated under section 257.37A, 5 subsections 1 and 2 , shall be paid in full as calculated and 6 the reductions in the appropriations provided in accordance 7 with this section shall be reduced from the remaining moneys 8 appropriated pursuant to this section and shall be distributed 9 on a per pupil basis calculated with the weighted enrollment 10 determined in accordance with section 257.6, subsection 5 . 11 Sec. 76. Section 282.18, subsection 7, Code 2013, is amended 12 to read as follows: 13 7. A pupil participating in open enrollment shall be 14 counted, for state school foundation aid purposes, in the 15 pupil’s district of residence. A pupil’s residence, for 16 purposes of this section , means a residence under section 17 282.1 . The board of directors of the district of residence 18 shall pay to the receiving district the state cost per 19 pupil for the previous school year , the teacher leadership 20 supplement district cost per pupil for the previous fiscal 21 year as provided in section 257.10, and the teacher leadership 22 supplement state cost per pupil for the previous fiscal year 23 as provided in section 257.9 , plus any moneys received for 24 the pupil as a result of the non-English speaking weighting 25 under section 280.4, subsection 3 , for the previous school 26 year multiplied by the state cost per pupil for the previous 27 year. If the pupil participating in open enrollment is also 28 an eligible pupil under section 261E.6 , the receiving district 29 shall pay the tuition reimbursement amount to an eligible 30 postsecondary institution as provided in section 261E.7 . 31 Sec. 77. Section 284.2, subsections 1, 7, and 8, Code 2013, 32 are amended to read as follows: 33 1. “Beginning teacher” means an individual serving under an 34 initial or intern license, issued by the board of educational 35 -48- HF 215 (5) 85 kh/rj/md 48/ 83
H.F. 215 examiners under chapter 272 , who is assuming a position as a 1 teacher. “Beginning teacher” includes an individual who is 2 an initial teacher. For purposes of the beginning teacher 3 mentoring and induction program created pursuant to section 4 284.5 , “beginning teacher” also includes preschool teachers 5 who are licensed by the board of educational examiners under 6 chapter 272 and are employed by a school district or area 7 education agency. “Beginning teacher” does not include a 8 teacher whose employment with a school district or area 9 education agency is probationary unless the teacher is serving 10 under an initial or teacher intern license issued by the board 11 of educational examiners under chapter 272 . 12 7. “Mentor” means an individual employed by a school 13 district or area education agency as a teacher or a retired 14 teacher who holds a valid license issued under chapter 15 272 . The individual must have a record of four two years 16 of successful teaching practice, must be employed on a 17 nonprobationary basis, and must demonstrate professional 18 commitment to both the improvement of teaching and learning and 19 the development of beginning teachers. 20 8. “Performance review” means a summative evaluation of 21 a teacher other than a beginning teacher and that is used 22 to determine whether the teacher’s practice meets school 23 district expectations and the Iowa teaching standards , and to 24 determine whether the teacher’s practice meets school district 25 expectations for career advancement in accordance with section 26 284.7 284.8 . 27 Sec. 78. Section 284.3, subsection 2, paragraph a, Code 28 2013, is amended to read as follows: 29 a. For purposes of comprehensive evaluations for , standards 30 and criteria which measure a beginning teachers required to 31 allow beginning teachers to progress to career teachers, 32 standards and criteria that are teacher’s performance against 33 the Iowa teaching standards specified in subsection 1 , and 34 the criteria for the Iowa teaching standards developed by the 35 -49- HF 215 (5) 85 kh/rj/md 49/ 83
H.F. 215 department in accordance with section 256.9, subsection 46 to 1 determine whether the teacher’s practice meets the requirements 2 specified for a career teacher . These standards and criteria 3 shall be set forth in an instrument provided by the department. 4 The comprehensive evaluation and instrument are not subject to 5 negotiations or grievance procedures pursuant to chapter 20 or 6 determinations made by the board of directors under section 7 279.14 . A local school board and its certified bargaining 8 representative may negotiate, pursuant to chapter 20 , 9 evaluation and grievance procedures for beginning teachers that 10 are not in conflict with this chapter . If, in accordance with 11 section 279.19 , a beginning teacher appeals the determination 12 of a school board to an adjudicator under section 279.17 , the 13 adjudicator selected shall have successfully completed training 14 related to the Iowa teacher standards, the criteria adopted by 15 the state board of education in accordance with subsection 3 , 16 and any additional training required under rules adopted by the 17 public employment relations board in cooperation with the state 18 board of education . 19 Sec. 79. Section 284.3A, subsection 2, paragraph a, Code 20 2013, is amended to read as follows: 21 a. For the school budget year beginning July 1, 2010, 22 and each succeeding school year, school districts and area 23 education agencies shall combine payments made to teachers 24 under sections 257.10 and 257.37A with regular wages to 25 create a combined salary. The teacher contract issued under 26 section 279.13 must include the combined salary. If a school 27 district or area education agency uses a salary schedule, a 28 combined salary schedule shall be used for regular wages and 29 for distribution of payments under sections 257.10 and 257.37A , 30 incorporating the salary minimums required in section 284.7 31 or 284.15 . The combined salary schedule must use only the 32 combined salary and cannot differentiate regular salaries and 33 distribution of payments under sections 257.10 and 257.37A . 34 Sec. 80. Section 284.5, subsection 2, Code 2013, is amended 35 -50- HF 215 (5) 85 kh/rj/md 50/ 83
H.F. 215 by striking the subsection. 1 Sec. 81. Section 284.5, subsection 4, Code 2013, is amended 2 to read as follows: 3 4. Each school district and area education agency shall 4 develop an initial beginning teacher mentoring and induction 5 a plan for the program . A school district shall include its 6 plan in the school district’s comprehensive school improvement 7 plan submitted pursuant to section 256.7, subsection 21 . The 8 beginning teacher mentoring and induction plan shall, at a 9 minimum, provide for a two-year sequence of induction program 10 content and activities to support the Iowa teaching standards 11 and beginning teacher professional and personal needs; mentor 12 training that includes, at a minimum, skills of classroom 13 demonstration and coaching, and district expectations for 14 beginning teacher competence on Iowa teaching standards; 15 placement of mentors and beginning teachers; the process for 16 dissolving mentor and beginning teacher partnerships; district 17 organizational support for release time for mentors and 18 beginning teachers to plan, provide demonstration of classroom 19 practices, observe teaching, and provide feedback; structure 20 for mentor selection and assignment of mentors to beginning 21 teachers; a district facilitator; and program evaluation. 22 Sec. 82. Section 284.6, subsections 6 and 8, Code 2013, are 23 amended to read as follows: 24 6. School districts, a consortium of school districts, 25 area education agencies, higher education institutions, 26 and other public or private entities including professional 27 associations may be approved by the state board to provide 28 teacher professional development. The professional development 29 program or offering shall, at minimum, meet the requirements 30 of subsection 1 . The state board shall adopt rules for the 31 approval of professional development providers and standards 32 for the district development plan. 33 8. For each year in which a school district receives funds 34 calculated and paid to school districts for professional 35 -51- HF 215 (5) 85 kh/rj/md 51/ 83
H.F. 215 development pursuant to section 257.10, subsection 10 , or 1 section 257.37A, subsection 2 , the school district shall create 2 quality professional development opportunities. Not less than 3 thirty-six hours in the school calendar, held outside of the 4 minimum school day, shall be set aside during nonpreparation 5 time or designated professional development time to allow 6 practitioners to collaborate with each other to deliver 7 educational programs and assess student learning , or to engage 8 in peer review pursuant to section 284.8, subsection 1 . The 9 goal for the use of the funds is to provide one additional 10 contract day or the equivalent thereof for professional 11 development, and Priority for use of the funds is shall be 12 to implement the professional development provisions of the 13 teacher career paths and leadership roles specified in section 14 284.7 or 284.15, including but not limited to providing 15 professional development to teachers, including additional 16 salaries for time beyond the normal negotiated agreement; pay 17 for substitute teachers, professional development materials, 18 speakers, and professional development content; and costs 19 associated with implementing the individual professional 20 development plans. The use of the funds shall be balanced 21 between school district, attendance center, and individual 22 professional development plans, making every reasonable effort 23 to provide equal access to all teachers. 24 Sec. 83. Section 284.7, Code 2013, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 6. This section is repealed July 1, 2016. 27 Sec. 84. Section 284.8, subsection 1, Code 2013, is amended 28 to read as follows: 29 1. A school district shall provide for an annual review of 30 each teacher’s performance for purposes of assisting teachers 31 in making continuous improvement, documenting continued 32 competence in the Iowa teaching standards, or identifying 33 teachers in need of improvement , or to determine whether the 34 teacher’s practice meets school district expectations for 35 -52- HF 215 (5) 85 kh/rj/md 52/ 83
H.F. 215 career advancement in accordance with section 284.7 . The 1 review shall include, at minimum, classroom observation 2 of the teacher, a balanced use of student outcome measures 3 comprised of objective, reliable measures of student growth, 4 student surveys, the teacher’s progress, and implementation 5 of the teacher’s individual professional development plan , 6 subject to the level of resources provided to implement 7 the plan ; and shall include supporting documentation from 8 parents, students, and other teachers. The first year of 9 review shall be a performance review and the second year and 10 third years of review shall be conducted by a peer group of 11 teachers focused on the professional development plan developed 12 pursuant to section 284.6 . The peer group shall review 13 all of the peer group members. Peer group reviews shall be 14 formative and shall be conducted on an informal, collaborative 15 basis that is focused on assisting each peer group member in 16 achieving the goals of the teacher’s individual professional 17 development plan. Peer group reviews shall not be the basis 18 for recommending that a teacher participate in an intensive 19 assistance program, and shall not be used to determine the 20 compensation, promotion, layoff, or termination of a teacher, 21 or any other determination affecting a teacher’s employment 22 status. However, as a result of a peer group review, a teacher 23 may elect to participate in an intensive assistance program. 24 Members of the peer group shall be reviewed every third year 25 by at least one evaluator certified in accordance with section 26 284.10 . 27 Sec. 85. Section 284.8, subsection 3, Code 2013, is amended 28 by striking the subsection. 29 Sec. 86. Section 284.9, subsection 4, Code 2013, is amended 30 to read as follows: 31 4. A teacher who does not receive a recommendation from a 32 review panel may appeal that denial to an administrative law 33 judge located in the department of inspections and appeals. 34 The state shall not be liable for a teacher’s attorney fees, 35 -53- HF 215 (5) 85 kh/rj/md 53/ 83
H.F. 215 costs, or damages that may result from an appeal of a review 1 panel’s decision. The state board shall adopt rules to 2 administer this section . 3 Sec. 87. Section 284.9, Code 2013, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 5. This section is repealed July 1, 2016. 6 Sec. 88. NEW SECTION . 284.11 State supplemental assistance 7 for high-need schools. 8 1. Findings and intent. The general assembly finds that 9 students whose first language is not English, who have special 10 needs, or who come from low-income backgrounds face potential 11 obstacles to learning. Schools across Iowa, both urban and 12 rural, have increasing numbers of students who face these 13 challenges. Therefore, it is the intent of the general 14 assembly to provide supplemental assistance to the highest-need 15 schools in Iowa to address these challenges. This section 16 provides for state assistance to allow school districts to 17 develop extended learning time programs, hire instructional 18 support staff, provide additional professional development, or 19 supplement the salary of teachers in the identified schools. 20 2. Department’s responsibilities. The department shall do 21 the following: 22 a. Collect relevant data and establish a list of high-need 23 schools eligible for state supplemental assistance. The 24 department shall establish a process and criteria to determine 25 which schools are placed on the list and the department shall 26 revise the list annually. Criteria for the determination of 27 which high-need schools shall be placed on the list shall be 28 based upon factors that include but are not limited to the 29 socioeconomic status of the students enrolled in the school, 30 the percentage of the school’s student body who are limited 31 English proficient students, student academic growth, certified 32 instructional staff attrition, and geographic balance. The 33 department may approve or disapprove requests for revision 34 of the list, which a school district submits pursuant to 35 -54- HF 215 (5) 85 kh/rj/md 54/ 83
H.F. 215 subsection 3. 1 b. Develop a standardized process for distributing moneys 2 appropriated for supplemental assistance for teachers in 3 high-need schools under section 284.13, subsection 1, paragraph 4 “00e” , to school districts. In determining the process 5 for distribution of such moneys, the department shall take 6 into consideration the amount of moneys appropriated for 7 supplemental assistance in high-need schools for the given 8 year and the minimal amount of moneys needed to increase the 9 academic achievement of students. A school district receiving 10 moneys pursuant to this section shall certify annually to the 11 department how the moneys distributed to the school district 12 pursuant to this section were used by the school district. 13 c. Review the use and effectiveness of the funds distributed 14 to school districts for supplemental assistance in high-need 15 schools under this section, and consider the findings and 16 recommendations of the commission on educator leadership 17 and compensation submitted pursuant to section 284.15, 18 subsection 11, relating to the use and effectiveness of the 19 funds distributed to school districts under this section. The 20 department shall submit its findings and recommendations in a 21 report to the general assembly by January 15 annually. 22 3. School district request for approval. A school district 23 may request on an annual basis approval from the department 24 for additions to the list of high-need schools the department 25 maintains pursuant to subsection 2 based upon the unique local 26 conditions and needs of the school district. The criteria used 27 to determine the placement of high-need schools on the list in 28 accordance with subsection 2, does not restrict the department 29 from adding a high-need school to the list as requested by a 30 school district on the basis of unique local conditions and 31 needs pursuant to this subsection. 32 4. Moneys received and miscellaneous income. The 33 distribution of moneys allocated pursuant to section 284.13, 34 subsection 1, paragraph “00e” , to a school district shall be 35 -55- HF 215 (5) 85 kh/rj/md 55/ 83
H.F. 215 made in one payment on or about October 15 of the fiscal year 1 for which the appropriation is made, taking into consideration 2 the relative budget and cash position of the state resources. 3 Such moneys shall not be commingled with state aid payments 4 made under section 257.16 to a school district and shall be 5 accounted for by the local school district separately from 6 state aid payments. Payments made to school districts under 7 this section are miscellaneous income for purposes of chapter 8 257. A school district shall maintain a separate listing 9 within its budget for payments received and expenditures made 10 pursuant to this section. 11 5. Moneys received to supplement salaries. Moneys received 12 by a school district pursuant to section 284.13, subsection 1, 13 paragraph “00e” , shall be used to supplement and not supplant 14 the salary being received by a teacher in a high-need school, 15 and shall not be considered under chapter 20 by an arbitrator 16 or other third party in determining a comparison of the wages 17 of teachers in that high-need school with the wages of teachers 18 in other buildings or in another school district. 19 Sec. 89. Section 284.13, subsection 1, Code 2013, is amended 20 by adding the following new paragraphs: 21 NEW PARAGRAPH . 0e. (1) For the following years, to the 22 department of education, for purposes of teacher leadership 23 supplemental aid payments to school districts for implementing 24 the career paths, leadership roles, and compensation framework 25 or comparable system approved in accordance with section 26 284.15, the following amounts: 27 (a) For the fiscal year beginning July 1, 2013, and ending 28 June 30, 2014, five million dollars. 29 (b) For the fiscal year beginning July 1, 2014, and ending 30 June 30, 2015, fifty million dollars. 31 (c) For the fiscal year beginning July 1, 2015, and ending 32 June 30, 2016, fifty million dollars. 33 (d) For the fiscal year beginning July 1, 2016, and ending 34 June 30, 2017, fifty million dollars. 35 -56- HF 215 (5) 85 kh/rj/md 56/ 83
H.F. 215 (e) For the fiscal year beginning July 1, 2017, and for 1 each succeeding fiscal year, one million five hundred thousand 2 dollars. 3 (2) (a) For the initial school year for which a school 4 district receives department approval for and implements a 5 system in accordance with section 284.15, subsection 8, teacher 6 leadership supplement foundation aid payable to that school 7 district shall be paid from the allocation made in subparagraph 8 (1) for that school year. For that school year, the teacher 9 leadership supplement foundation aid payable to the school 10 district is the product of the teacher leadership district 11 cost per pupil for the school year multiplied by the school 12 district’s budget enrollment. 13 (b) For budget years subsequent to the initial school year 14 for which a school district implemented a system and received 15 funding pursuant to subparagraph division (a), the teacher 16 leadership supplement foundation aid payable to that school 17 district shall be paid from the appropriation made in section 18 257.16. 19 (3) Of the moneys allocated to the department for the 20 purposes of this paragraph “0e” , not more than one million 21 dollars shall be used by the department for the development of 22 a delivery system implementing the career paths and leadership 23 roles specified in section 284.15 including but not limited 24 to planning grants to districts and area education agencies, 25 technical assistance for the department, technical assistance 26 for districts and area education agencies, training and staff 27 development, and the contracting of external expertise and 28 services. A portion of the moneys allocated annually to the 29 department for purposes of this subparagraph (3) may be used 30 by the department for administrative purposes and for not more 31 than five full-time equivalent positions. 32 (4) Of the moneys allocated to the department for the 33 purposes of this paragraph “0e” , not more than five hundred 34 thousand dollars annually shall be used by the department to 35 -57- HF 215 (5) 85 kh/rj/md 57/ 83
H.F. 215 provide technical assistance to school districts and area 1 education agencies in the design and implementation of the 2 teacher career paths, leadership roles, and compensation 3 framework established pursuant to section 284.15, and 4 for not more than two full-time equivalent positions. In 5 allocating and expending moneys appropriated pursuant to this 6 subparagraph, the department shall give priority to school 7 districts with certified enrollments of fewer than six hundred 8 students. 9 (5) Of the moneys allocated to the department for purposes 10 of this paragraph “0e” , for each fiscal year of the fiscal 11 period beginning July 1, 2014, and ending June 30, 2017, the 12 amount remaining after the allocations in subparagraphs (3) 13 and (4) shall be payable to the school districts that have 14 an approved career path, leadership roles, and compensation 15 framework or approved comparable system as provided in section 16 284.15. 17 (6) For each fiscal year of the fiscal period beginning 18 July 1, 2013, and ending June 30, 2017, moneys received by a 19 school district pursuant to this paragraph “0e” shall not be 20 considered under chapter 20 by an arbitrator or other third 21 party in determining a comparison of the wages of teachers in 22 that school district with the wages of teachers in another 23 school district. 24 (7) The receipt of funding by a school district for the 25 purposes of this paragraph “0e” , and the need for additional 26 funding for the purposes of this paragraph “0e” , or the 27 enrollment count of eligible students under this chapter, 28 shall not be considered to be unusual circumstances, create an 29 unusual need for additional funds, or qualify under any other 30 circumstances that may be used by the school budget review 31 committee to grant supplemental aid to or establish modified 32 supplemental state aid for a school district under section 33 257.31. 34 NEW PARAGRAPH . 00e. For the fiscal year beginning July 1, 35 -58- HF 215 (5) 85 kh/rj/md 58/ 83
H.F. 215 2014, and for each subsequent fiscal year, to the department 1 of education, ten million dollars for purposes of implementing 2 the supplemental assistance for high-need schools provisions 3 of section 284.11. Annually, of the moneys allocated to 4 the department for purposes of this paragraph, up to one 5 hundred thousand dollars may be used by the department for 6 administrative purposes and for not more than one full-time 7 equivalent position. 8 Sec. 90. Section 284.13, subsection 1, paragraph e, Code 9 2013, is amended to read as follows: 10 e. Notwithstanding section 8.33 , any moneys remaining 11 unencumbered or unobligated from the moneys allocated for 12 purposes of paragraph paragraphs “a” , “b” , or “c” through “00e” 13 shall not revert but shall remain available in the succeeding 14 fiscal year for expenditure for the purposes designated. 15 The provisions of section 8.39 shall not apply to the funds 16 appropriated pursuant to this subsection . 17 Sec. 91. Section 284.13, Code 2013, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 3. The state board may adopt rules which 20 assure the allocation of resources under this section in a 21 manner that optimizes the fulfillment of the purposes specified 22 in sections 284.11 and 284.15. 23 Sec. 92. NEW SECTION . 284.15 Iowa teacher career paths, 24 leadership roles, and compensation framework. 25 1. To promote continuous improvement in Iowa’s quality 26 teaching workforce and to give Iowa teachers the opportunity 27 for career recognition that reflects the various roles teachers 28 play as educational leaders, a framework for Iowa teacher 29 career paths, leadership roles, and compensation is established 30 for teachers employed by school districts. A teacher employed 31 by an area education agency may be included in a framework 32 established by a school district if the area education agency 33 and the school district enter into a contract for such purpose. 34 The framework is designed to accomplish the following goals: 35 -59- HF 215 (5) 85 kh/rj/md 59/ 83
H.F. 215 a. To attract able and promising new teachers by offering 1 competitive starting salaries and offering short-term 2 and long-term professional development and leadership 3 opportunities. 4 b. To retain effective teachers by providing enhanced career 5 opportunities. 6 c. To promote collaboration by developing and supporting 7 opportunities for teachers in schools and school districts 8 statewide to learn from each other. 9 d. To reward professional growth and effective teaching 10 by providing pathways for career opportunities that come with 11 increased leadership responsibilities and involve increased 12 compensation. 13 e. To improve student achievement by strengthening 14 instruction. 15 2. The Iowa teacher career paths, leadership roles, and 16 compensation requirements under the framework shall be as 17 follows: 18 a. Initial teacher. 19 (1) The salary for an initial teacher who has successfully 20 completed an approved practitioner preparation program as 21 defined in section 272.1 or holds an initial or intern teacher 22 license issued under chapter 272, and who participates in the 23 initial teacher mentoring and induction program as provided in 24 this chapter, shall be at least thirty-two thousand dollars, 25 which shall also constitute the minimum salary for an Iowa 26 teacher. 27 (2) An initial teacher shall complete a teacher residency 28 during the first year of employment that has all of the 29 following characteristics: 30 (a) Intensive supervision or mentoring by a mentor teacher 31 or lead teacher. 32 (b) Sufficient collaboration time for the initial teacher 33 in the residency year to be able to observe and learn from 34 model teachers, mentor teachers, and lead teachers employed by 35 -60- HF 215 (5) 85 kh/rj/md 60/ 83
H.F. 215 school districts located in this state. 1 (c) A teaching contract issued under section 279.13 that 2 establishes an employment period which is five days longer 3 than that required for career teachers employed by the school 4 district of employment. The five additional contract days 5 shall be used to strengthen instructional leadership in 6 accordance with this subsection. 7 (d) Frequent observation, evaluation, and professional 8 development opportunities. 9 b. Career teacher. A career teacher is a teacher who holds 10 a statement of professional recognition issued under chapter 11 272 or who meets all of the following requirements: 12 (1) Has successfully completed the initial teacher 13 mentoring and induction program and has successfully completed 14 a comprehensive evaluation. 15 (2) Has demonstrated the competencies of a career teacher as 16 determined under the school district’s comprehensive evaluation 17 of the initial teacher. 18 (3) Holds a valid license issued under chapter 272. 19 (4) Participates in teacher professional development as set 20 forth in this chapter and demonstrates continuous improvement 21 in teaching. 22 c. Model teacher. A model teacher is a teacher who meets 23 the requirements of paragraph “b” , has met the requirements 24 established by the school district that employs the teacher, 25 is evaluated by the school district as demonstrating the 26 competencies of a model teacher, has participated in a rigorous 27 review process, and has been recommended for a one-year 28 assignment as a model teacher by a site-based review council 29 appointed pursuant to subsection 4. A school district shall 30 designate at least ten percent of its teachers as model 31 teachers, though the district may enter into an agreement with 32 one or more other districts or an area education agency to meet 33 this requirement through a collaborative arrangement. The 34 terms of the teaching contracts issued under section 279.13 to 35 -61- HF 215 (5) 85 kh/rj/md 61/ 83
H.F. 215 model teachers shall exceed by five days the terms of teaching 1 contracts issued under section 279.13 to career teachers, and 2 the five additional contract days shall be used to strengthen 3 instructional leadership in accordance with this subsection. A 4 model teacher shall receive annually a salary supplement of at 5 least two thousand dollars. 6 d. Mentor teacher. A mentor teacher is a teacher who 7 is evaluated by the school district as demonstrating the 8 competencies and superior teaching skills of a mentor teacher, 9 and has been recommended for a one-year assignment as a mentor 10 teacher by a site-based review council appointed pursuant 11 to subsection 4. In addition, a mentor teacher shall hold 12 a valid license issued under chapter 272, participate in 13 teacher professional development as outlined in this chapter, 14 demonstrate continuous improvement in teaching, and possess 15 the skills and qualifications to assume leadership roles. A 16 mentor teacher shall have a teaching load of not more than 17 seventy-five percent student instruction to allow the teacher 18 to mentor other teachers. A school district shall designate 19 at least ten percent of its teachers as mentor teachers, 20 though the district may enter into an agreement with one or 21 more other districts or an area education agency to meet this 22 requirement through a collaborative arrangement. The terms 23 of the teaching contracts issued under section 279.13 to 24 mentor teachers shall exceed by ten days the terms of teaching 25 contracts issued under section 279.13 to career teachers, and 26 the ten additional contract days shall be used to strengthen 27 instructional leadership in accordance with this subsection. A 28 mentor teacher shall receive annually a salary supplement of 29 at least five thousand dollars. 30 e. Lead teacher. A lead teacher is a teacher who holds a 31 valid license issued under chapter 272 and has been recommended 32 for a one-year assignment as a lead teacher by a site-based 33 review council appointed pursuant to subsection 4. The 34 recommendation from the council must assert that the teacher 35 -62- HF 215 (5) 85 kh/rj/md 62/ 83
H.F. 215 possesses superior teaching skills and the ability to lead 1 adult learners. A lead teacher shall assume leadership 2 roles that may include but are not limited to the planning 3 and delivery of professional development activities designed 4 to improve instructional strategies; the facilitation of 5 an instructional leadership team within the lead teacher’s 6 building, school district, or other school districts; 7 the mentoring of other teachers; and participation in the 8 evaluation of student teachers. A lead teacher shall have 9 a teaching load of not more than fifty percent student 10 instruction to allow the lead teacher to spend time on 11 co-teaching; co-planning; peer reviews; observing career 12 teachers, model teachers, and mentor teachers; and other 13 duties mutually agreed upon by the superintendent and the lead 14 teacher. A school district shall designate at least five 15 percent of its teachers as lead teachers, though the district 16 may enter into an agreement with one or more other districts 17 or an area education agency to meet this requirement through a 18 collaborative arrangement. The terms of the teaching contracts 19 issued under section 279.13 to lead teachers shall exceed by 20 fifteen days the terms of teaching contracts issued under 21 section 279.13 to career teachers, and the fifteen additional 22 contract days shall be used to strengthen instructional 23 leadership in accordance with this subsection. A lead teacher 24 shall receive annually a salary supplement of at least ten 25 thousand dollars. 26 3. The salary supplement received by model, mentor, and lead 27 teachers shall fully cover the salary costs of the additional 28 contract days required of teachers in those leadership roles. 29 Notwithstanding any provision of law to the contrary, the 30 determinations of salary supplements paid pursuant to this 31 section are not subject to appeal. 32 4. The school board shall appoint a site-based review 33 council for the district’s attendance centers. Attendance 34 centers may share a site-based review council if the 35 -63- HF 215 (5) 85 kh/rj/md 63/ 83
H.F. 215 appointments meet the requirements specified in paragraph “a” . 1 a. Each council shall be comprised of equal numbers of 2 teachers, administrators, and parents or guardians of students 3 enrolled in the attendance center. 4 b. The council shall accept and review applications 5 submitted to the school’s or the school district’s 6 administration for assignment or reassignment as a model, 7 mentor, or lead teacher, and shall make recommendations 8 regarding the applications to the superintendent of the school 9 district. In developing recommendations, the council shall 10 utilize measures of teacher effectiveness and professional 11 growth, consider the needs of the school district, and review 12 the performance and professional development of the applicants. 13 Any teacher recommended for assignment or reassignment as a 14 model, mentor, or lead teacher shall have demonstrated to 15 the council’s satisfaction competency on the Iowa teaching 16 standards as set forth in section 284.3. 17 c. An assignment as a model teacher, mentor teacher, or 18 lead teacher pursuant to this section shall be subject to 19 review by the school’s or the school district’s administration 20 at least annually. The review shall include peer feedback 21 on the effectiveness of the teacher’s performance of duty 22 specific to the teacher’s career path. A teacher who completes 23 the time period of assignment as a model, mentor, or lead 24 teacher may apply to the school’s or the school district’s 25 administration for assignment in a new role if appropriate or 26 for reassignment. 27 5. A teacher employed in a school district shall not receive 28 less compensation in that district than the teacher received 29 in the school year preceding participation, as set forth in 30 section 284.4, due to implementation of this Act. A teacher 31 who achieves national board for professional teaching standards 32 certification and meets the requirements of section 256.44 33 shall continue to receive the award as specified in section 34 256.44 in addition to the compensation set forth in this 35 -64- HF 215 (5) 85 kh/rj/md 64/ 83
H.F. 215 section. 1 6. a. A school district may apply to the department for 2 approval to implement the career paths, leadership roles, 3 and compensation framework specified in subsection 2, or a 4 comparable system of career paths and compensation for teachers 5 that contains differentiated multiple leadership roles. 6 b. By March 1 of the school year preceding implementation, 7 a school district that has been approved to implement the 8 framework or a comparable system pursuant to this subsection 9 may opt out of implementation of the framework or comparable 10 system by notifying the department of its intent to withdraw 11 from implementation. The department shall notify the 12 department of management that the school district is no longer 13 approved to implement the framework or comparable system and 14 is not eligible to receive teacher leadership supplement 15 foundation aid under chapter 257 or this chapter. 16 7. The department shall establish criteria and a process 17 for application and approval of the framework established 18 under subsection 1, and for comparable systems, which a school 19 district may implement pursuant to subsection 6 in order to 20 receive teacher leadership supplement foundation aid calculated 21 under section 257.10, subsection 12. 22 8. A school district that meets the requirements of section 23 284.7 is exempt from the provisions of subsections 1 through 5 24 until the school district receives approval to implement the 25 framework or comparable system in accordance with subsection 7. 26 9. A school district is encouraged to utilize appropriately 27 licensed teachers emeritus in the implementation of this 28 section. 29 10. The framework or comparable system approved and 30 implemented by a school district in accordance with this 31 section shall be applicable to teachers in every attendance 32 center operated by the school district. 33 11. Subject to an appropriation by the general assembly for 34 purposes of this subsection, a school district may apply to the 35 -65- HF 215 (5) 85 kh/rj/md 65/ 83
H.F. 215 department for a planning grant to design an implementation 1 strategy for the framework established pursuant to subsection 2 1 or a comparable system of career paths and compensation for 3 teachers that contains differentiated multiple leadership 4 roles. The planning grant shall be used to facilitate a 5 local decision-making process that includes representation 6 of administrators, teachers, and parents and guardians of 7 students. The department shall establish and make available an 8 application for the awarding of planning grants for purposes 9 of this subsection. 10 12. The department shall establish, and provide staffing 11 and administrative support for a commission on educator 12 leadership and compensation. The commission shall monitor 13 with fidelity the implementation of the framework established 14 by school districts pursuant to subsection 1. The commission 15 shall also evaluate and make recommendations to the department 16 on applications for approval of a comparable system submitted 17 to the department pursuant to subsection 6, and on the 18 expenditure of moneys appropriated for purposes of this 19 section. In addition, the commission shall review the use and 20 effectiveness of the funds distributed to school districts for 21 supplemental assistance to teachers in high-need schools under 22 section 284.11. 23 a. The commission shall be comprised of teachers, parents 24 and guardians of children enrolled in Iowa’s school districts, 25 school administrators, school board members, postsecondary 26 faculty, designees representing education-related professional 27 organizations, and business and community leaders. 28 b. Members shall be appointed by the governor, subject to 29 confirmation by the senate, to staggered three-year terms which 30 begin and end as provided in section 69.19. Appointments shall 31 comply with sections 69.16, 69.16A, and 69.16C. Vacancies 32 on the commission shall be filled in the same manner as the 33 original appointment. A person appointed to fill a vacancy 34 shall serve only for the unexpired portion of the term. 35 -66- HF 215 (5) 85 kh/rj/md 66/ 83
H.F. 215 Members are entitled to reimbursement of actual expenses 1 incurred in performance of their official duties. 2 c. By December 15 annually, the commission shall submit its 3 findings and any recommendations, including but not limited to 4 any recommendations for changes to the framework established 5 in subsection 1 and for changes to section 284.11 relating to 6 state supplemental assistance to high-need schools, in a report 7 to the director, the state board, the governor, and the general 8 assembly. 9 13. a. Teacher leadership supplement foundation aid 10 calculated under section 257.10, subsection 12, shall be paid 11 as part of the state aid payments made to school districts in 12 accordance with section 257.16. 13 b. Notwithstanding section 284.3A, teacher leadership 14 supplement foundation aid shall not be combined with regular 15 wages to create a combined salary. 16 c. The teacher leadership supplement district cost as 17 calculated under section 257.10, subsection 12, is not subject 18 to a uniform reduction in accordance with section 8.31. 19 14. The provisions of this chapter shall be subject to 20 legislative review at least every three years. The review 21 shall be based upon a status report from the commission 22 on educator leadership and compensation, which shall be 23 prepared with the assistance of the departments of education, 24 management, and revenue. The status report shall review and 25 report on the department’s assignment and utilization of 26 full-time equivalent positions, and shall include information 27 on teacher retention, teacher compensation, academic quality 28 of beginning teachers, teacher evaluation results, student 29 achievement trend and comparative data, and recommendations 30 for changes to the teacher leadership supplement foundation 31 aid and the framework or comparable systems approved pursuant 32 to this section. The first status report shall be submitted 33 to the general assembly by January 15, 2017, with subsequent 34 status reports prepared and submitted to the general assembly 35 -67- HF 215 (5) 85 kh/rj/md 67/ 83
H.F. 215 by January 15 at least every third year thereafter. 1 Sec. 93. ATTENDANCE CENTER PERFORMANCE RANKINGS —— 2 PERFORMANCE INDEX. 3 1. The department of education shall develop criteria and 4 a process for school districts to use to establish specific 5 performance goals and to evaluate the performance of each 6 attendance center operated by the district in order to arrive 7 at an overall school performance grade and report card for 8 each attendance center. This information must be posted on 9 the department of education’s internet site with information 10 for each attendance center listed separately. The criteria 11 shall include but not be limited to student academic growth, 12 parent involvement, student attendance, employee turnover, and 13 community activities and involvement. 14 2. The department shall develop an achievement score 15 that calculates aggregate growth as well as aggregate 16 proficiency of students which when combined with other 17 academic indicators results in an overall school performance 18 grade for each attendance center in the school district. 19 The performance grade may also be used as one measure to 20 rank and classify schools into six different performance 21 categories: exceptional, A+; high performing, A; commendable, 22 B; acceptable, C; needs improvement, D; and priority, D-. 23 The categories may be used to define support and specialized 24 assistance to schools classified as needs improvement or 25 priority as well as to recognize schools designated exceptional 26 or high performing. Additionally, a closing gap score shall 27 be calculated as another measure to determine subgroup 28 performance and to rank and classify attendance centers. Other 29 academic indicators shall be defined as criterion referenced 30 variables that will be utilized in the calculation of the 31 performance grade. Other academic indicators shall include 32 but not be limited to graduation rates, attendance rates, and 33 college-readiness rates. Additional indicators of academic 34 success and progress may include post-graduation data, 35 -68- HF 215 (5) 85 kh/rj/md 68/ 83
H.F. 215 suspension and expulsion rates, levels of student engagement, 1 parent satisfaction, parent engagement, and staff working 2 conditions. 3 3. The department shall submit its findings and 4 recommendations in a report to the state board of education, 5 the governor, and the general assembly by November 15, 2013. 6 Sec. 94. CODE EDITOR DIRECTIVE. The Code editor shall 7 delete references in the Code, and Code language directly 8 related to the references, to sections and subsections of the 9 Code repealed by this division of this Act effective July 1, 10 2016. 11 Sec. 95. EFFECTIVE DATE. The following provision or 12 provisions of this division of this Act take effect July 1, 13 2014: 14 1. The section of this division of this Act amending section 15 282.18. 16 DIVISION VIII 17 COMPETENCY-BASED INSTRUCTION TASK FORCE 18 Sec. 96. 2012 Iowa Acts, chapter 1119, section 2, subsection 19 2, is amended by adding the following new paragraph: 20 NEW PARAGRAPH . f. Develop a draft strategic plan 21 and proposed timeline for statewide implementation of 22 competency-based learning for consideration by the general 23 assembly. 24 Sec. 97. EFFECTIVE UPON ENACTMENT. This division of this 25 Act, being deemed of immediate importance, takes effect upon 26 enactment. 27 DIVISION IX 28 EXTENDED LEARNING TIME PILOT PROJECT MODEL —— APPROPRIATION 29 Sec. 98. EXTENDED LEARNING TIME PILOT PROJECT MODEL. 30 1. The department of education shall develop a proposed 31 model for an extended learning time pilot project. In 32 developing the model, the department shall consider the 33 recommendations submitted in the final report of the 34 instructional time task force, as well as existing, successful 35 -69- HF 215 (5) 85 kh/rj/md 69/ 83
H.F. 215 extended time learning opportunities offered within and 1 outside of the state. Three program proposals representing 2 school districts of varied sizes, geographical locations, 3 and socio-economic status shall be included in the model. 4 Component measures, criteria, and associated benchmarks for 5 selecting participants and gauging success for the model shall 6 include but not be limited to the following considerations: 7 impact on student achievement; overall cost; governance 8 structure; transportation issues; recommended age of students; 9 potential use of teacher preparation candidates; 21st 10 century learning center guidelines as applicable; potential 11 collaboration with area education agencies and other public 12 and private partners for cost effectiveness, efficiency, 13 and community involvement; recommended staffing levels; 14 licensure for staff; involvement of nonprofit organizations; 15 collaboration with the staff in the existing school district; 16 whether all of some students in a district should participate; 17 and use of best practices and latest research in the field. 18 The department shall also recommend potential funding sources 19 for the full implementation of the proposed model for extended 20 learning time pilot projects and of future sustained extended 21 time learning efforts. 22 2. The department shall submit the proposed model and 23 the department’s findings and recommendations in a report to 24 the state board of education, the governor, and the general 25 assembly by December 16, 2013. 26 Sec. 99. EXTENDED LEARNING TIME PILOT PROJECT MODEL —— 27 APPROPRIATION. There is appropriated from the general fund of 28 the state to the department of education for the fiscal year 29 beginning July 1, 2013, and ending June 30, 2014, the following 30 amount, or so much thereof as is necessary, to be used for the 31 purposes designated: 32 For purposes of developing an extended learning time pilot 33 project model in accordance with this division of this Act, if 34 enacted: 35 -70- HF 215 (5) 85 kh/rj/md 70/ 83
H.F. 215 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,000 1 DIVISION X 2 TRANSPORTATION ASSISTANCE AID 3 Sec. 100. Section 257.31, subsection 17, paragraph a, Code 4 2013, is amended to read as follows: 5 a. If a district’s average transportation costs per pupil 6 exceed the state average transportation costs per pupil 7 determined under paragraph “c” by one hundred fifty seventy 8 percent, the committee may grant transportation assistance aid 9 to the district. Such aid shall be miscellaneous income and 10 shall not be included in district cost. 11 Sec. 101. APPLICABILITY. This division of this Act applies 12 to school budget years beginning on or after July 1, 2014. 13 DIVISION XI 14 PRIVATE INSTRUCTION EXEMPTION 15 Sec. 102. Section 299.4, subsection 1, Code 2013, is amended 16 to read as follows: 17 1. The parent, guardian, or legal custodian of a child who 18 is of compulsory attendance age, who places the child under 19 competent private instruction under either section 299A.2 or 20 299A.3 , not in an accredited school or a home school assistance 21 program operated by a school district or accredited nonpublic 22 school, shall furnish a report in duplicate on forms provided 23 by the public school district, to the district by the earliest 24 starting date specified in section 279.10, subsection 1 . The 25 secretary shall retain and file one copy and forward the other 26 copy to the district’s area education agency. The report shall 27 state the name and age of the child, the period of time during 28 which the child has been or will be under competent private 29 instruction for the year, an outline of the course of study, 30 texts used, and the name and address of the instructor. The 31 parent, guardian, or legal custodian of a child, who is placing 32 the child under competent private instruction for the first 33 time, shall also provide the district with evidence that the 34 child has had the immunizations required under section 139A.8 , 35 -71- HF 215 (5) 85 kh/rj/md 71/ 83
H.F. 215 and, if the child is elementary school age, a blood lead test 1 in accordance with section 135.105D . The term “outline of course 2 of study” shall include subjects covered, lesson plans, and time 3 spent on the areas of study. 4 Sec. 103. Section 299A.1, unnumbered paragraph 2, Code 5 2013, is amended to read as follows: 6 For purposes of this chapter , “competent private instruction” 7 means private instruction provided on a daily basis for at 8 least one hundred forty-eight days during a school year, to be 9 met by attendance for at least thirty-seven days each school 10 quarter, by or under the supervision of a licensed practitioner 11 in the manner provided under section 299A.2 , or other person 12 under section 299A.3 , which results in the student making 13 adequate progress. 14 Sec. 104. Section 299A.3, unnumbered paragraph 1, Code 15 2013, is amended to read as follows: 16 A parent, guardian, or legal custodian of a child of 17 compulsory attendance age providing competent private 18 instruction to the child shall may meet all of the following 19 requirements: 20 DIVISION XII 21 INDEPENDENT ACCREDITATION OF NONPUBLIC SCHOOLS 22 Sec. 105. Section 256.11, Code 2013, is amended by adding 23 the following new subsection: 24 NEW SUBSECTION . 16. a. Notwithstanding subsections 1 25 through 12, a nonpublic school may be accredited by an approved 26 independent accrediting agency instead of by the state board as 27 provided in this subsection. The state board shall maintain a 28 list of approved independent accrediting agencies comprised of 29 at least six regional or national nonprofit, nongovernmental 30 agencies recognized as reliable authorities concerning the 31 quality of education offered by a school and shall publish the 32 list of independent accrediting agencies on the department’s 33 internet site. The list shall include accrediting agencies 34 that, as of January 1, 2013, accredited a nonpublic school in 35 -72- HF 215 (5) 85 kh/rj/md 72/ 83
H.F. 215 this state that was concurrently accredited under this section; 1 and any agency that has a formalized partnership agreement with 2 another agency on the list and has member schools in this state 3 as of January 1, 2013. 4 b. A nonpublic school that participates in the accreditation 5 process offered by an independent accrediting agency on 6 the approved list published pursuant to paragraph “a” shall 7 be deemed to meet the education standards of this section. 8 However, such a school shall comply with statutory health and 9 safety requirements for school facilities. 10 c. If the state board takes preliminary action to remove 11 an agency from the approved list published on the department’s 12 internet site pursuant to paragraph “a” , the department 13 shall, at least one year prior to removing the agency from 14 the approved list, notify the nonpublic schools participating 15 in the accreditation process offered by the agency of the 16 state board’s intent to remove the accrediting agency from 17 its approved list of independent accrediting agencies. The 18 notice shall also be posted on the department’s internet site 19 and shall contain the proposed date of removal. The nonpublic 20 school shall attain accreditation under this subsection or 21 subsections 1 through 12 not later than one year following the 22 date on which the state board removes the agency from its list 23 of independent accrediting agencies. 24 DIVISION XIII 25 SCHOOL DISTRICT EXERCISE OF POWERS 26 Sec. 106. NEW SECTION . 274.3 Exercise of powers —— 27 construction. 28 1. The board of directors of a school district shall 29 operate, control, and supervise all public schools located 30 within its district boundaries and may exercise any broad 31 and implied power related to the operation, control, and 32 supervision of those public schools except as expressly 33 prohibited or prescribed by the Constitution of the State of 34 Iowa or by statute. 35 -73- HF 215 (5) 85 kh/rj/md 73/ 83
H.F. 215 2. Notwithstanding subsection 1, the board of directors of 1 a school district shall not have power to levy any tax unless 2 expressly authorized by the general assembly. 3 3. This section shall not apply to a research and 4 development school as defined in section 256G.2 or to a 5 laboratory school as defined in section 265.1. The board of 6 directors of a school district in which such a research and 7 development school or laboratory school is located shall not 8 exercise over such a school any powers granted to the board by 9 subsection 1. 10 4. This chapter, chapter 257 and chapters 275 through 301, 11 and other statutes relating to the boards of directors of 12 school districts and to school districts shall be liberally 13 construed to effectuate the purposes of subsection 1. 14 DIVISION XIV 15 INDEPENDENT PRIVATE INSTRUCTION 16 Sec. 107. Section 261E.8, subsection 2, Code 2013, is 17 amended to read as follows: 18 2. Students from accredited nonpublic schools and students 19 receiving competent private instruction or independent private 20 instruction under chapter 299A may access the program through 21 the school district in which the accredited nonpublic school or 22 private institution is located. 23 Sec. 108. Section 299.1, subsection 1, Code 2013, is amended 24 to read as follows: 25 1. Except as provided in section 299.2 , the parent, 26 guardian, or legal or actual custodian of a child who is of 27 compulsory attendance age , shall cause the child to attend some 28 public school , or an accredited nonpublic school, or place 29 the child under competent private instruction or independent 30 private instruction in accordance with the provisions of 31 chapter 299A , during a school year, as defined under section 32 279.10 . 33 Sec. 109. Section 299.1B, Code 2013, is amended to read as 34 follows: 35 -74- HF 215 (5) 85 kh/rj/md 74/ 83
H.F. 215 299.1B Failure to attend —— driver’s license. 1 A person who is of compulsory attendance age who does 2 not meet the requirements for an exception under section 3 299.2, who does not attend a public school , or an accredited 4 nonpublic school, who is not receiving competent private 5 instruction or independent private instruction in accordance 6 with the provisions of chapter 299A , and who does not attend 7 an alternative school , or adult education classes , shall not 8 receive an intermediate or full driver’s license until age 9 eighteen. 10 Sec. 110. Section 299.6A, subsection 1, Code 2013, is 11 amended to read as follows: 12 1. In lieu of a criminal proceeding under section 299.6 , 13 a county attorney may bring a civil action against a parent, 14 guardian, or legal or actual custodian of a child who is of 15 compulsory attendance age, has not completed educational 16 requirements, and is truant, if the parent, guardian, or legal 17 or actual custodian has failed to cause the child to attend a 18 public school , or an accredited nonpublic school, or placed 19 the child under competent private instruction or independent 20 private instruction in the manner provided in this chapter . If 21 the court finds that the parent, guardian, or legal or actual 22 custodian has failed to cause the child to attend as required 23 in this section , the court shall assess a civil penalty of not 24 less than one hundred but not more than one thousand dollars 25 for each violation established. 26 Sec. 111. Section 299.8, Code 2013, is amended to read as 27 follows: 28 299.8 “Truant” defined. 29 Any child of compulsory attendance age who fails to attend 30 school as provided in this chapter , or as required by the 31 school board’s or school governing body’s attendance policy, 32 or who fails to attend competent private instruction or 33 independent private instruction under chapter 299A , without 34 reasonable excuse for the absence, shall be deemed to be a 35 -75- HF 215 (5) 85 kh/rj/md 75/ 83
H.F. 215 truant. A finding that a child is truant, however, shall not 1 by itself mean that the child is a child in need of assistance 2 within the meaning of chapter 232 and shall not be the sole 3 basis for a child in need of assistance petition. 4 Sec. 112. Section 299.11, unnumbered paragraph 1, Code 5 2013, is amended to read as follows: 6 The truancy officer may take into custody without warrant 7 any apparently truant child and place the child in the 8 charge of the school principal, or the principal’s designee, 9 designated by the board of directors of the school district 10 in which the child resides, or in the charge of any nonpublic 11 school or any authority providing competent private instruction 12 or independent private instruction as defined in section 13 299A.1, designated by the parent, guardian, or legal or 14 actual custodian; but if it is other than a public school, 15 the instruction and maintenance of the child shall be without 16 expense to the school district. If a child is taken into 17 custody under this section , the truancy officer shall make 18 every reasonable attempt to immediately notify the parent, 19 guardian, or legal or actual custodian of the child’s location. 20 Sec. 113. Section 299.12, subsection 2, Code 2013, is 21 amended to read as follows: 22 2. This section is not applicable to a child who is 23 receiving competent private instruction or independent private 24 instruction in accordance with the requirements of chapter 25 299A . If a child is not in compliance with the attendance 26 requirements established under section 299.1 , and has not 27 completed educational requirements through the sixth grade, 28 and the school has used every means available to assure the 29 child does attend, the school truancy officer shall contact 30 the child’s parent, guardian, or legal or actual custodian to 31 participate in an attendance cooperation meeting. The parties 32 to the attendance cooperation meeting may include the child 33 and shall include the child’s parent, guardian, or legal or 34 actual custodian and the school truancy officer. The school 35 -76- HF 215 (5) 85 kh/rj/md 76/ 83
H.F. 215 truancy officer contacting the participants in the attendance 1 cooperation meeting may invite other school officials, a 2 designee of the juvenile court, the county attorney or the 3 county attorney’s designee, or other persons deemed appropriate 4 to participate in the attendance cooperation meeting. 5 Sec. 114. Section 299A.1, Code 2013, is amended to read as 6 follows: 7 299A.1 Private Competent private instruction and independent 8 private instruction . 9 1. The parent, guardian, or legal custodian of a child of 10 compulsory attendance age who places the child under private 11 instruction shall provide, unless otherwise exempted, competent 12 private instruction or independent private instruction in 13 accordance with this chapter . A parent, guardian, or legal 14 custodian of a child of compulsory attendance age who places 15 the child under private instruction which is not competent 16 private instruction or independent private instruction , 17 or otherwise fails to comply with the requirements of this 18 chapter , is subject to the provisions of sections 299.1 through 19 299.4 and the penalties provided in section 299.6 . 20 2. For purposes of this chapter , “competent and chapter 299: 21 a. “Competent private instruction” means private instruction 22 provided on a daily basis for at least one hundred forty-eight 23 days during a school year, to be met by attendance for at 24 least thirty-seven days each school quarter, by or under the 25 supervision of a licensed practitioner in the manner provided 26 under section 299A.2 , or other person under section 299A.3 , 27 which results in the student making adequate progress. 28 For purposes of this chapter and chapter 299 , “private 29 instruction” 30 b. “Independent private instruction” means instruction that 31 meets the following criteria: 32 (1) Is not accredited. 33 (2) Enrolls not more than four unrelated students. 34 (3) Does not charge tuition, fees, or other remuneration for 35 -77- HF 215 (5) 85 kh/rj/md 77/ 83
H.F. 215 instruction. 1 (4) Provides private or religious-based instruction as its 2 primary purpose. 3 (5) Provides enrolled students with instruction in 4 mathematics, reading and language arts, science, and social 5 studies. 6 (6) Provides, upon written request from the superintendent 7 of the school district in which the independent private 8 instruction is provided, or from the director of the department 9 of education, a report identifying the primary instructor, 10 location, name of the authority responsible for the independent 11 private instruction, and the names of the students enrolled. 12 (7) Is not a nonpublic school and does not provide competent 13 private instruction as defined in this subsection. 14 (8) Is exempt from all state statutes and administrative 15 rules applicable to a school, a school board, or a school 16 district, except as otherwise provided in chapter 299 and this 17 chapter. 18 c. “Private instruction” means instruction using a plan and 19 a course of study in a setting other than a public or organized 20 accredited nonpublic school. 21 Sec. 115. Section 299A.11, Code 2013, is amended to read as 22 follows: 23 299A.11 Student records confidential. 24 Notwithstanding any provision of law or rule to the 25 contrary, personal information in records regarding a child 26 receiving competent private instruction or independent private 27 instruction pursuant to this chapter , which are maintained, 28 created, collected, or assembled by or for a state agency, 29 shall be kept confidential in the same manner as personal 30 information in student records maintained, created, collected, 31 or assembled by or for a school corporation or educational 32 institution in accordance with section 22.7, subsection 1 . 33 Sec. 116. Section 321.178, subsection 1, paragraph c, Code 34 2013, is amended to read as follows: 35 -78- HF 215 (5) 85 kh/rj/md 78/ 83
H.F. 215 c. Every public school district in Iowa shall offer 1 or make available to all students residing in the school 2 district , or Iowa students attending a nonpublic school or 3 receiving competent private instruction or independent private 4 instruction as defined in section 299A.1, in the district , an 5 approved course in driver education. The receiving district 6 shall be the school district responsible for making driver 7 education available to a student participating in open 8 enrollment under section 282.18 . The courses may be offered 9 at sites other than at the public school, including nonpublic 10 school facilities within the public school districts. An 11 approved course offered during the summer months, on Saturdays, 12 after regular school hours during the regular terms or partly 13 in one term or summer vacation period and partly in the 14 succeeding term or summer vacation period, as the case may 15 be, shall satisfy the requirements of this section to the 16 same extent as an approved course offered during the regular 17 school hours of the school term. A student who successfully 18 completes and obtains certification in an approved course in 19 driver education or an approved course in motorcycle education 20 may, upon proof of such fact, be excused from any field test 21 which the student would otherwise be required to take in 22 demonstrating the student’s ability to operate a motor vehicle. 23 A student shall not be excused from any field test if a parent, 24 guardian, or instructor requests that a test be administered. 25 A final field test prior to a student’s completion of an 26 approved course shall be administered by a person qualified 27 as a classroom driver education instructor and certified to 28 provide street and highway driving instruction. A person 29 qualified as a classroom driver education instructor but not 30 certified to provide street and highway driving instruction 31 may administer the final field test if accompanied by another 32 person qualified to provide street and highway driving 33 instruction. 34 DIVISION XV 35 -79- HF 215 (5) 85 kh/rj/md 79/ 83
H.F. 215 DRIVER EDUCATION BY TEACHING PARENT 1 Sec. 117. NEW SECTION . 321.178A Driver education —— 2 teaching parent. 3 1. Teaching parent. As an alternative to the driver 4 education requirements under section 321.178, a teaching parent 5 may instruct a student in a driver education course that meets 6 the requirements of this section and provide evidence that the 7 requirements under this section have been met. 8 2. Definitions. For purposes of this section: 9 a. “Approved course” means driver education curriculum 10 approved by the department pursuant to rules adopted under 11 chapter 17A. An approved course shall, at a minimum, meet 12 the requirements of subsection 3 and be appropriate for 13 teaching-parent-directed driver education and related street or 14 highway instruction. Driver education materials that meet or 15 exceed standards established by the department for an approved 16 course in driver education for a public or private school shall 17 be approved unless otherwise determined by the department. The 18 list of approved courses shall be posted on the department’s 19 internet site. 20 b. “Student” means a person between the ages of fourteen 21 and twenty-one years who is within the custody and control of 22 the teaching parent and who satisfies preliminary licensing 23 requirements of the department. 24 c. “Teaching parent” means a parent, guardian, or legal 25 custodian of a student who is currently providing competent 26 private instruction to the student pursuant to section 27 299A.2 or 299A.3 and who provided such instruction to the 28 student during the previous year; who has a valid driver’s 29 license, other than a motorized bicycle license or a temporary 30 restricted license, that permits unaccompanied driving; and 31 who has maintained a clear driving record for the previous two 32 years. For purposes of this paragraph, “clear driving record” 33 means the individual has not been identified as a candidate 34 for suspension or revocation of a driver’s license under the 35 -80- HF 215 (5) 85 kh/rj/md 80/ 83
H.F. 215 habitual violator or habitual offender provisions of the 1 department’s regulations; is not subject to a driver’s license 2 suspension, revocation, denial, cancellation, disqualification, 3 or bar; and has no record of a conviction for a moving traffic 4 violation determined to be the cause of a motor vehicle 5 accident. 6 3. Course of instruction. 7 a. An approved course administered by a teaching parent 8 shall consist of but not be limited to the following: 9 (1) Thirty clock hours of classroom instruction. 10 (2) Forty hours of street or highway driving including 11 four hours of driving after sunset and before sunrise while 12 accompanied by the teaching parent. 13 (3) Four hours of classroom instruction concerning 14 substance abuse. 15 (4) A minimum of twenty minutes of instruction concerning 16 railroad crossing safety. 17 (5) Instruction relating to becoming an organ donor under 18 the revised uniform anatomical gift Act as provided in chapter 19 142C. 20 (6) Instruction providing an awareness about sharing the 21 road with bicycles and motorcycles. 22 b. The content of the course of instruction required under 23 this subsection shall be equivalent to that required under 24 section 321.178. However, reference and study materials, 25 physical classroom requirements, and extra vehicle safety 26 equipment required for instruction under section 321.178 shall 27 not be required for the course of instruction provided under 28 this section. 29 4. Course completion and certification. Upon application 30 by a student for an intermediate license, the teaching parent 31 shall provide evidence showing the student’s completion 32 of an approved course and substantial compliance with the 33 requirements of subsection 3 by affidavit signed by the 34 teaching parent on a form to be provided by the department. 35 -81- HF 215 (5) 85 kh/rj/md 81/ 83
H.F. 215 The evidence shall include all of the following: 1 a. Documentation that the instructor is a teaching parent as 2 defined in subsection 2. 3 b. Documentation that the student is receiving competent 4 private instruction under section 299A.2 or the name of 5 the school district within which the student is receiving 6 instruction under section 299A.3. 7 c. The name of the approved course completed by the student. 8 d. An affidavit attesting to satisfactory completion of 9 course work and street or highway driving instruction. 10 e. Copies of written tests completed by the student. 11 f. A statement of the number of classroom hours of 12 instruction. 13 g. A log of completed street or highway driving instruction 14 including the dates when the lessons were conducted, the 15 student’s and the teaching parent’s name and initials noted 16 next to each entry, notes on driving activities including a 17 list of driving deficiencies and improvements, and the duration 18 of the driving time for each session. 19 5. Intermediate license. Any student who successfully 20 completes an approved course as provided in this section, 21 passes a driving test to be administered by the department, 22 and is otherwise qualified under section 321.180B, subsection 23 2, shall be eligible for an intermediate license pursuant 24 to section 321.180B. Twenty of the forty hours of street 25 or highway driving instruction required under subsection 3, 26 paragraph “a” , subparagraph (2), may be used to satisfy the 27 requirement of section 321.180B, subsection 2. 28 6. Full license. A student must comply with section 29 321.180B, subsection 4, to be eligible for a full driver’s 30 license pursuant to section 321.180B. 31 Sec. 118. Section 321.180B, subsection 2, paragraph a, Code 32 2013, is amended to read as follows: 33 a. The department may shall issue an intermediate driver’s 34 license to a person sixteen or seventeen years of age who 35 -82- HF 215 (5) 85 kh/rj/md 82/ 83
H.F. 215 possesses an instruction permit issued under subsection 1 or 1 a comparable instruction permit issued by another state for a 2 minimum of six months immediately preceding application, and 3 who presents an affidavit signed by a parent, guardian, or 4 custodian on a form to be provided by the department that the 5 permittee has accumulated a total of twenty hours of street 6 or highway driving of which two hours were conducted after 7 sunset and before sunrise and the street or highway driving was 8 with the permittee’s parent, guardian, custodian, instructor, 9 a person certified by the department, or a person at least 10 twenty-five years of age who had written permission from a 11 parent, guardian, or custodian to accompany the permittee, and 12 whose driving privileges have not been suspended, revoked, 13 or barred under this chapter or chapter 321J during, and who 14 has been accident and violation free continuously for, the 15 six-month period immediately preceding the application for an 16 intermediate license. An applicant for an intermediate license 17 must meet the requirements of section 321.186 , including 18 satisfactory completion of driver education as required in 19 section 321.178 or 321.178A , and payment of the required 20 license fee before an intermediate license will be issued. A 21 person issued an intermediate license must limit the number of 22 passengers in the motor vehicle when the intermediate licensee 23 is operating the motor vehicle to the number of passenger 24 safety belts. 25 -83- HF 215 (5) 85 kh/rj/md 83/ 83
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