Bill Text: IA HF370 | 2023-2024 | 90th General Assembly | Amended


Bill Title: A bill for an act relating to entities supported in whole or in part by public moneys, including the sale of public bonds, the duties and responsibilities of the directors and officers of school boards, school districts, the department of education, the department of health and human services, accredited nonpublic schools, charter schools, community colleges, institutions under the control of the state board of regents, area education agencies, and election commissioners, and the membership and voting units of county and city conference boards. (Formerly HSB 118.)

Spectrum: Committee Bill

Status: (Engrossed) 2023-03-21 - Subcommittee: Cournoyer, Quirmbach, and Rowley. S.J. 645. [HF370 Detail]

Download: Iowa-2023-HF370-Amended.html
House File 370 - Reprinted HOUSE FILE 370 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 118) (As Amended and Passed by the House March 16, 2023 ) A BILL FOR An Act relating to entities supported in whole or in part by 1 public moneys, including the sale of public bonds, the 2 duties and responsibilities of the directors and officers 3 of school boards, school districts, the department of 4 education, the department of health and human services, 5 accredited nonpublic schools, charter schools, community 6 colleges, institutions under the control of the state 7 board of regents, area education agencies, and election 8 commissioners, and the membership and voting units of county 9 and city conference boards. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 11 HF 370 (4) 90 jda/jh/md
H.F. 370 DIVISION I 1 BOND SALES 2 Section 1. Section 75.2, Code 2023, is amended to read as 3 follows: 4 75.2 Notice of sale. 5 When public bonds are offered for sale, the official in 6 charge of the bond issue shall , by advertisement published 7 at least once, the last one of which shall be not less than 8 four nor more than twenty days before the sale in a newspaper 9 located in the county or a county contiguous to the place of 10 sale, give notice of the time and place of sale of the bonds, 11 the amount to be offered for sale, and any further information 12 which the official deems pertinent by publishing the time and 13 place of sale of the bonds, the amount to be offered for sale, 14 and any additional information the official deems pertinent 15 to the bond issue not less than four nor more than twenty 16 days before the sale in at least one electronic or written 17 publication with nationwide circulation that is recognized for 18 providing information regarding the sale of public bonds or in 19 a newspaper located in the county or a county contiguous to the 20 place of sale . 21 Sec. 2. Section 75.14, Code 2023, is amended to read as 22 follows: 23 75.14 Electronic bidding. 24 Notwithstanding contrary provisions of this chapter , 25 including section 75.3, a public body authorized to issue 26 bonds, notes, or other obligations may elect to receive bids to 27 purchase such bonds, notes, or other obligations by means of 28 electronic, internet , or wireless communication; a proprietary 29 bidding procedure or system; or by facsimile transmission 30 to a location deemed appropriate by the governing body, in 31 each instance as may be approved by the governing body and 32 provided for in the notice of sale. An electronic bid shall 33 be submitted in substantial conformity with the requirements 34 of chapter 554D and any rules adopted pursuant to that chapter 35 -1- HF 370 (4) 90 jda/jh/md 1/ 20
H.F. 370 with respect to the acceptance of electronic records by a 1 governmental agency. Additionally, before approving the use 2 of an electronic bidding procedure, the public body shall find 3 and determine that the specific procedure to be used will 4 provide reasonable security and maintain the integrity of 5 the competitive bidding process, and facilitate the delivery 6 of bids by interested parties under the circumstances of the 7 particular sale. 8 DIVISION II 9 SCHOOL BOARD AND OFFICERS —— DUTIES AND RESPONSIBILITIES 10 Sec. 3. Section 256.11, subsection 9, Code 2023, is amended 11 to read as follows: 12 9. Beginning July 1, 2006, each A school district shall 13 have a qualified teacher librarian who shall be licensed by the 14 board of educational examiners under chapter 272 . The state 15 board shall establish in rule a definition of and standards for 16 an articulated sequential kindergarten through grade twelve 17 media program. A school district that entered into a contract 18 with an individual for employment as a media specialist or 19 librarian prior to June 1, 2006, shall be considered to be 20 in compliance with this subsection until June 30, 2011, if 21 the individual is making annual progress toward meeting the 22 requirements for a teacher librarian endorsement issued by the 23 board of educational examiners under chapter 272 . A school 24 district that entered into a contract with an individual for 25 employment as a media specialist or librarian who holds at 26 least a master’s degree in library and information studies 27 shall be considered to be in compliance with this subsection 28 until the individual leaves the employ of the school district. 29 Sec. 4. Section 279.6, subsection 1, paragraph a, Code 2023, 30 is amended to read as follows: 31 a. Except as provided in paragraph “b” and subsection 32 2 , vacancies occurring among the officers or members of a 33 school board shall be filled by the board by appointment. A 34 person so appointed to fill a vacancy in an elective office 35 -2- HF 370 (4) 90 jda/jh/md 2/ 20
H.F. 370 shall hold office until a successor is elected and qualified 1 at the next regular school election, unless there is an 2 intervening special election for the school district, in which 3 event a successor shall be elected at the intervening special 4 election, in accordance with section 69.12 . To fill a vacancy 5 occurring among the members of a school board, the board shall 6 publish notice on the board’s internet site and in the manner 7 prescribed by section 279.36 , stating that the board intends to 8 fill the vacancy by appointment but that the electors of the 9 school district have the right to file a petition requiring 10 that the vacancy be filled by a special election conducted 11 pursuant to section 279.7 . The board may publish notice in 12 advance if a member of the board submits a resignation to take 13 effect at a future date. The board may make an appointment to 14 fill the vacancy after the notice is published or after the 15 vacancy occurs, whichever is later. 16 Sec. 5. Section 279.8, subsection 1, Code 2023, is amended 17 to read as follows: 18 1. The board shall make rules for its own government and 19 that of the directors, officers, employees, teachers and 20 pupils, and for the care of the schoolhouse, grounds, and 21 property of the school corporation, and shall aid in the 22 enforcement of the rules, and require the performance of duties 23 imposed by law and the rules. The board shall include in its 24 rules provisions regulating the loading and unloading of pupils 25 from a school bus stopped on the highway during a period of 26 reduced highway visibility caused by fog, snow or other weather 27 conditions. The board shall have the authority to include in 28 its rules provisions allowing school corporation employees to 29 use school credit cards to pay for the actual and necessary 30 expenses incurred in the performance of work-related duties. 31 Sec. 6. NEW SECTION . 279.8C Board of directors —— access 32 to information. 33 1. The board of directors of a school district shall have 34 access to and may review any of the following: 35 -3- HF 370 (4) 90 jda/jh/md 3/ 20
H.F. 370 a. The curriculum associated with any instruction provided 1 to students enrolled in the school district. 2 b. Materials located in a library operated by the school 3 district, including a library located in a classroom. 4 2. A school district shall not prohibit a member of the 5 board of directors of the school district from attending 6 classes taught by teachers employed by the school district 7 to observe classroom instruction, not for the purpose of 8 evaluation, if the member has provided reasonable prior notice 9 to the superintendent and principal of the attendance center 10 in which the classes are taught and to the teacher providing 11 the instruction. 12 3. a. A school district shall not prohibit a member of 13 the board of directors of the school district from accessing 14 materials used in a professional development program that 15 the school district, or an administrator employed by the 16 school district, requires employees of the school district to 17 attend. This paragraph shall not be construed to authorize 18 a member of the board of directors of the school district to 19 access an individual teacher professional development plan 20 developed pursuant to section 284.6 or any materials related 21 to an intensive assistance program a teacher is required to 22 participate in pursuant to section 284.8. 23 b. A school district, or an administrator employed by the 24 school district, shall provide copies of materials used in a 25 professional development program that the school district, or 26 an administrator employed by the school district, requires 27 employees of the school district to attend to a member of the 28 board of directors of the school district upon request. This 29 paragraph shall not be construed to require a school district, 30 or an administrator employed by the school district, to provide 31 copies of an individual teacher professional development plan 32 developed pursuant to section 284.6, or any materials related 33 to an intensive assistance program a teacher is required to 34 participate in pursuant to section 284.8, to a member of the 35 -4- HF 370 (4) 90 jda/jh/md 4/ 20
H.F. 370 board of directors of the school district. 1 4. For purposes of this section, “professional development 2 program” means the same as defined in section 272.1. 3 Sec. 7. Section 279.20, subsection 2, Code 2023, is amended 4 to read as follows: 5 2. The board of directors of a school district may delegate 6 the authority to hire support personnel and sign the support 7 personnel employment contracts, if applicable, if the board 8 adopts a policy authorizing the superintendent to perform 9 such duties and specifying the positions the superintendent 10 is authorized to fill. The board of directors of a school 11 district and the superintendent, if authorized pursuant to 12 this subsection, may use electronic signatures and electronic 13 contracts pursuant to chapter 554D and facsimile signatures 14 when entering into the contracts described in this subsection. 15 For purposes of this subsection , the term “support personnel” 16 includes , but is not limited to , bus drivers, custodians, 17 educational associates, and clerical and food service 18 employees. 19 Sec. 8. Section 279.69, subsection 1, Code 2023, is amended 20 to read as follows: 21 1. Prior to hiring an applicant for a school employee 22 position, a school district shall have access to and shall 23 review the information in the Iowa court information system 24 available to the general public, the sex offender registry 25 information under section 692A.121 available to the general 26 public, the central registry for child abuse information 27 established under section 235A.14 , and the central registry for 28 dependent adult abuse information established under section 29 235B.5 for information regarding the applicant. A school 30 district shall follow the same procedure by June 30, 2014, for 31 each school employee employed by the school district as of July 32 1, 2013. A school district shall implement a consistent policy 33 to follow the same procedure for each school employee employed 34 by the school district on or after July 1, 2013, at least every 35 -5- HF 370 (4) 90 jda/jh/md 5/ 20
H.F. 370 five years after the school employee’s initial date of hire. 1 A school district shall not charge an employee for the cost 2 of the registry checks conducted pursuant to this subsection. 3 A school district shall maintain documentation demonstrating 4 compliance with this subsection . 5 Sec. 9. Section 280.5, subsection 2, Code 2023, is amended 6 to read as follows: 7 2. The board of directors of each Each public school 8 district shall administer the pledge of allegiance in grades 9 one through twelve each school day. Each classroom in which 10 the pledge of allegiance is recited pursuant to this subsection 11 shall display the United States flag during the recitation. A 12 student shall not be compelled against the student’s objections 13 or those of the student’s parent or guardian to recite the 14 pledge. 15 Sec. 10. Section 291.1, Code 2023, is amended to read as 16 follows: 17 291.1 President —— duties. 18 The president of the board of directors shall preside at 19 all of its meetings, sign all contracts made by the board, and 20 appear on behalf of the corporation in all actions brought by 21 or against it, unless individually a party, in which case this 22 duty shall be performed by the secretary. The president or the 23 president’s designee shall have the authority to enter into 24 original contracts or electronic contracts pursuant to chapter 25 554D and sign, using an original , or facsimile , or electronic 26 signature , as defined in section 554D.103 , all school district 27 payments drawn and authorize electronic funds transfers as 28 provided by law. The board of directors, by resolution, may 29 designate an individual, who shall not be the secretary, to 30 sign payments or authorize electronic funds transfers on behalf 31 of the president pursuant to this section . 32 Sec. 11. Section 291.4, Code 2023, is amended to read as 33 follows: 34 291.4 Oath. 35 -6- HF 370 (4) 90 jda/jh/md 6/ 20
H.F. 370 Each shall take the oath required of civil officers , which 1 shall be endorsed upon the bond, and shall complete the 2 qualification within ten days. 3 DIVISION III 4 RESPONSIBILITIES AND REQUIREMENTS RELATING TO HEALTH 5 Sec. 12. Section 8A.318, subsections 1 and 3, Code 2023, are 6 amended to read as follows: 7 1. Findings and intent. The general assembly finds that 8 human beings are vulnerable to and may be severely affected by 9 exposure to chemicals, hazardous waste, and other environmental 10 hazards. The federal environmental protection agency estimates 11 that human exposure to indoor air pollutants can be two to 12 five times, and up to one hundred times, higher than outdoor 13 levels. Children, teachers, janitors, and other staff members 14 spend a significant amount of time inside school buildings. 15 Likewise, state State employees and citizens of this state 16 spend a significant amount of time inside state buildings. 17 These individuals are continuously exposed to chemicals from 18 cleaners, waxes, deodorizers, and other maintenance products. 19 3. Use of environmentally preferable cleaning and maintenance 20 products. 21 a. All school districts in this state, community colleges, 22 institutions under the control of the state board of regents, 23 and state agencies utilizing state buildings , are encouraged 24 to conform to an environmentally preferable cleaning policy 25 designed to facilitate the purchase and use of environmentally 26 preferable cleaning and maintenance products for purposes of 27 public school, community college, regents institution, and 28 state building cleaning and maintenance. 29 b. Each school district, community college, institution 30 under the control of the state board of regents, or state 31 agency utilizing public buildings shall conduct an evaluation 32 and assessment regarding implementation of an environmentally 33 preferable cleaning policy pursuant to this section . On or 34 after July 1, 2012, all All state agencies , and all school 35 -7- HF 370 (4) 90 jda/jh/md 7/ 20
H.F. 370 districts, community colleges, and institutions under the 1 control of the state board of regents which have not opted 2 out of compliance pursuant to paragraph “c” , shall purchase 3 only cleaning and maintenance products identified by the 4 department or that meet nationally recognized standards. 5 School districts, community colleges, institutions under the 6 control of the state board of regents, and state State agencies 7 procuring supplies for schools and state buildings may deplete 8 their existing cleaning and maintenance supply stocks and 9 implement the new requirements in the procurement cycle for 10 the following year. This section shall not be interpreted 11 in a manner that prohibits the use of disinfectants, 12 disinfecting cleaners, sanitizers, or any other antimicrobial 13 product regulated by the federal Insecticide, Fungicide, 14 and Rodenticide Act, 7 U.S.C. §136 et seq., when necessary 15 to protect public health and provided that the use of these 16 products is in accordance with responsible cleaning procedure 17 requirements. 18 c. A school district, community college, or institution 19 under the control of the state board of regents may, based upon 20 the evaluation and assessment conducted pursuant to paragraph 21 “b” , opt out of compliance with the requirements of this section 22 upon the affirmative vote of a majority of the members of the 23 board of directors of the school district or a determination by 24 the president of the community college or by the president or 25 administrative officer of the regents institution. A school 26 district, community college, or regents institution opting 27 out of compliance pursuant to this paragraph shall notify the 28 department of education, the state board of education, or the 29 state board of regents, as appropriate, of this decision. 30 Sec. 13. Section 256.11, subsection 9B, Code 2023, is 31 amended to read as follows: 32 9B. Beginning July 1, 2007, each A school district shall 33 have a employ at least one school nurse to provide health 34 services to its students. Each school district shall work 35 -8- HF 370 (4) 90 jda/jh/md 8/ 20
H.F. 370 toward the goal of having one school nurse for every seven 1 hundred fifty students enrolled in the school district. For 2 purposes of this subsection , “school nurse” means a person who 3 holds an endorsement or a statement of professional recognition 4 for school nurses issued by the board of educational examiners 5 under chapter 272 . 6 Sec. 14. DEPARTMENT OF EDUCATION —— HEALTH CARE-RELATED 7 TRAINING FOR SCHOOL PERSONNEL WORK GROUP. 8 1. The department of education shall convene and provide 9 administrative support to a health care-related training 10 for school personnel work group. The work group shall 11 review and develop a plan to ensure Iowa educators have the 12 health care training necessary to perform their duties and 13 responsibilities, and shall consider and submit recommendations 14 for delivery and implementation of training required under 15 state law or rule. 16 2. The work group shall include all of the following: 17 a. (1) Two members who are staff members from the 18 department of education, one of whom shall be an administrative 19 consultant in the bureau of nutrition and health services. 20 A member appointed under this subparagraph shall coordinate 21 the work group and act as chairperson for the organizational 22 meeting. 23 (2) One member who is a staff member from the Iowa 24 department of health and human services. 25 b. Members who shall represent each of the following: 26 (1) One member from a statewide organization representing 27 teachers. 28 (2) One member from a statewide organization representing 29 school board members. 30 (3) One member from a statewide organization representing 31 school administrators. 32 (4) One member from a statewide organization representing 33 authorities in charge of accredited nonpublic schools. 34 (5) One member representing the area education agencies. 35 -9- HF 370 (4) 90 jda/jh/md 9/ 20
H.F. 370 (6) One member from a statewide organization representing 1 physicians. 2 (7) One member from a statewide organization representing 3 athletic trainers. 4 (8) One member from a statewide organization representing 5 emergency management services. 6 (9) One member from a statewide organization representing 7 health care organizations. 8 (10) One member from a statewide organization representing 9 school nurses. 10 3. Any expenses incurred by a member of the work group 11 shall be the responsibility of the individual member or the 12 respective entity represented by the member. 13 4. The director of the department of education or the 14 director’s designee shall compile and provide to the work group 15 a list of, and the purposes for, the health care training 16 programs that school personnel are required to complete, as 17 well as any requirements school personnel must meet following 18 such training, in order be in compliance with state law or 19 administrative rule. 20 5. The work group shall do all of the following: 21 a. Identify which trainings can be best provided over the 22 internet, and how such training can be rotated on a five-year 23 basis for school personnel. 24 b. Develop a plan for a regular cycle of health care-related 25 training for school personnel review, with the goal of removing 26 or modifying training or training programs that are no longer 27 relevant, and identifying less costly and more efficient 28 options that still provide the appropriate level of training to 29 school personnel. 30 c. Standardize the process of establishing new training 31 requirements in state law or rule to manage stakeholder 32 expectations relating to the timeline for establishing the 33 requirements. 34 d. Create an ongoing review process to find efficiencies, 35 -10- HF 370 (4) 90 jda/jh/md 10/ 20
H.F. 370 identify training options that better utilize time and 1 financial resources, and offer a continuous improvement model 2 for the system moving forward. 3 e. Study and make any recommended changes on rules adopted 4 by the state board of education under 281 IAC ch. 14, relating 5 to individual health plans prepared for students with various 6 health conditions. 7 f. Ensure a public comment process for patient advocacy 8 groups and parents to provide input on the recommendations of 9 the work group. 10 6. If the work group recommends elimination or significant 11 modification of certain health care-related training for 12 school personnel, the department of education shall identify 13 stakeholders who would potentially be affected by such 14 change, and shall invite representatives from organizations 15 representing such stakeholders to submit comments before or 16 at an upcoming work group meeting before the work group makes 17 final recommendations. 18 7. The department of education shall compile the work 19 group’s findings and recommendations and shall submit the 20 compilation, including any proposal for legislation, in a 21 report to the general assembly, the governor, and the state 22 board of education by December 1, 2023. 23 DIVISION IV 24 STATEWIDE SCHOOL INFRASTRUCTURE FUNDING 25 Sec. 15. Section 423F.3, subsections 2 and 4, Code 2023, are 26 amended to read as follows: 27 2. A revenue purpose statement in existence for the 28 expenditure of local sales and services tax for school 29 infrastructure purposes imposed by a county pursuant to 30 section 423E.2 , Code Supplement 2007, prior to July 1, 2008, 31 shall remain in effect until amended or extended. The board 32 of directors of a school district may take action to adopt 33 or amend a revenue purpose statement specifying the specific 34 purposes for which the revenues received from the secure an 35 -11- HF 370 (4) 90 jda/jh/md 11/ 20
H.F. 370 advanced vision for education fund will be expended. If a 1 school district is located in a county which has imposed a 2 local sales and services tax for school infrastructure purposes 3 prior to July 1, 2008, this action shall be taken before 4 expending or anticipating revenues to be received after the 5 unextended term of the tax unless the school district elects to 6 adopt a revenue purpose statement as provided in subsection 3 . 7 4. The revenues received pursuant to this chapter shall 8 be expended for the purposes specified in the revenue purpose 9 statement. If a board of directors has not approved a revenue 10 purpose statement, the revenues shall be expended in the order 11 listed in subsection 1 except that the payment of bonds for 12 which the revenues have been pledged shall be paid first. 13 Once approved, a revenue purpose statement is effective until 14 amended or repealed by the foregoing procedures. A revenue 15 purpose statement shall not be amended or repealed to reduce 16 the amount of revenue pledged to the payment of principal and 17 interest on bonds as long as any bonds authorized by sections 18 423E.5 and 423F.4 are outstanding unless funds sufficient 19 to pay principal, interest, and premium, if any, on the 20 outstanding obligations at or prior to maturity have been 21 properly set aside and pledged for that purpose. A school 22 district affected by a reorganization under chapter 275 that 23 has issued bonds under section 423E.5 or 423F.4 and that has 24 not approved a revenue purpose statement shall first use 25 revenues to make timely and sufficient payment of principal and 26 interest, and premium if applicable, on the outstanding bonds. 27 Sec. 16. Section 423F.3, subsection 3, paragraph c, Code 28 2023, is amended by striking the paragraph. 29 Sec. 17. Section 423F.3, subsection 3, paragraph d, Code 30 2023, is amended to read as follows: 31 d. The board secretary shall notify the county commissioner 32 of elections of the intent to take an issue to the voters 33 pursuant to paragraph “b” or “c” . The county commissioner of 34 elections shall publish the notices required by law for special 35 -12- HF 370 (4) 90 jda/jh/md 12/ 20
H.F. 370 or general elections, and the election shall be held on a date 1 specified in section 39.2, subsection 4 , paragraph “c” . A 2 majority of those voting on the question must favor approval 3 of the revenue purpose statement. If the proposal is not 4 approved, the school district shall not submit the same or new 5 revenue purpose statement to the electors for a period of six 6 months from the date of the previous election. 7 Sec. 18. Section 423F.3, subsection 6, paragraph a, 8 subparagraph (1), Code 2023, is amended to read as follows: 9 (1) For purposes of this chapter , “school infrastructure” 10 means those activities authorized in section 423E.1, subsection 11 3 , Code 2007 for which a school district is authorized to 12 contract indebtedness and issue general obligation bonds under 13 section 296.1, except those activities related to a teacher’s 14 or superintendent’s home or homes . “School infrastructure” 15 includes the construction, reconstruction, repair, demolition 16 work, purchasing, or remodeling of schoolhouses, stadiums, 17 gymnasiums, fieldhouses, and school bus garages, the 18 procurement of schoolhouse construction sites, the making of 19 site improvements, and those activities for which revenues 20 under section 298.3 or chapter 300 may be spent. 21 Sec. 19. Section 423F.4, Code 2023, is amended to read as 22 follows: 23 423F.4 Borrowing authority for school districts. 24 1. Subject to the conditions established under subsection 25 2 , a school district may anticipate its share of the revenues 26 under section 423F.2 by issuing bonds in the manner provided 27 in section 423E.5 , Code 2019 this section . However, to the 28 extent any school district has issued bonds anticipating the 29 proceeds of an extended local sales and services tax for school 30 infrastructure purposes imposed by a county pursuant to former 31 chapter 423E , Code and Code Supplement 2007, prior to July 1, 32 2008, the pledge of such revenues for the payment of principal 33 and interest on such bonds shall be replaced by a pledge of its 34 share of the revenues under section 423F.2 . 35 -13- HF 370 (4) 90 jda/jh/md 13/ 20
H.F. 370 2. a. Bonds issued on or after July 1, 2019, shall not be 1 sold at public sale as provided in chapter 75 , or at a private 2 sale, without notice and hearing. Notice of the time and place 3 of the public hearing shall be published not less than ten nor 4 more than twenty days before the public hearing in a newspaper 5 which is a newspaper of general circulation in the school 6 district. This paragraph does not apply to the refinancing of 7 bonds. 8 b. For bonds subject to the requirements of paragraph 9 “a” , if at any time prior to the fifteenth day following the 10 hearing, the secretary of the board of directors receives a 11 petition containing the required number of signatures and 12 asking that the question of the issuance of such bonds be 13 submitted to the voters of the school district, the board shall 14 either rescind its adoption of the resolution or direct the 15 county commissioner of elections to submit the question to the 16 registered voters of the school district at an election held 17 on a date specified in section 39.2, subsection 4 , paragraph 18 “c” . The petition must be signed by eligible electors equal 19 in number to not less than one hundred or thirty percent of 20 the number of voters at the last preceding election of school 21 officials under section 277.1 , whichever is greater. If the 22 board submits the question at an election and a majority of 23 those voting on the question favors issuance of the bonds, the 24 board shall be authorized to issue the bonds. 25 c. After fourteen days from the date of the hearing under 26 paragraph “a” or fourteen days after the date of the election 27 held under paragraph “b” , if applicable, whichever is later, 28 an action shall not be brought questioning the legality of 29 any bonds or the power of the authority to issue any bonds 30 or to the legality of any proceedings in connection with the 31 authorization or issuance of the bonds. 32 3. The repeal of section 423E.5 shall not affect the 33 validity of any previously issued bonds or other evidences of 34 indebtedness. 35 -14- HF 370 (4) 90 jda/jh/md 14/ 20
H.F. 370 4. The board of directors of a school district may issue 1 negotiable, interest-bearing school bonds, without election, 2 and utilize tax receipts derived from the secure an advanced 3 vision for education fund for principal and interest repayment. 4 Proceeds of the bonds issued pursuant to this subsection shall 5 be utilized solely for school infrastructure as defined in 6 section 423F.3, subsection 6, paragraph “a” . Bonds issued 7 under this subsection may be sold at public sale as provided 8 in chapter 75, or at private sale, without notice and hearing. 9 Bonds may bear dates, bear interest at rates not exceeding that 10 permitted by chapter 74A, mature in one or more installments, 11 be in registered form, carry registration and conversion 12 privileges, be payable as to principal and interest at times 13 and places, be subject to terms of redemption prior to maturity 14 with or without premium, and be in one or more denominations, 15 all as provided by the resolution of the board of directors 16 authorizing the issuance. The resolution may also prescribe 17 additional provisions, terms, conditions, and covenants which 18 the board of directors deems advisable, including provisions 19 for creating and maintaining reserve funds, the issuance of 20 additional bonds ranking on a parity with such bonds and 21 additional bonds junior and subordinate to such bonds, and 22 that such bonds shall rank on a parity with or be junior and 23 subordinate to any bonds which may be then outstanding. Bonds 24 may be issued to refund outstanding and previously issued 25 bonds under this subsection. The bonds are a contractual 26 obligation of the school district, and the resolution issuing 27 the bonds and its share of the revenues distributed pursuant 28 to section 423F.2 to the payment of principal and interest on 29 the bonds is a part of the contract. Bonds issued pursuant to 30 this subsection shall not constitute indebtedness within the 31 meaning of any constitutional or statutory debt limitation or 32 restriction, and shall not be subject to any other law relating 33 to the authorization, issuance, or sale of bonds. 34 5. a. (1) A school district may enter into an agreement 35 -15- HF 370 (4) 90 jda/jh/md 15/ 20
H.F. 370 pursuant to chapter 28E with one or more cities or a county 1 whose boundaries encompass all or a part of the area of the 2 school district. A city or cities entering into an agreement 3 with a school district pursuant to chapter 28E may expend the 4 city’s designated portion of the revenues for any valid purpose 5 permitted in this chapter or authorized by the governing body 6 of the city. A county entering into an agreement with a school 7 district pursuant to chapter 28E may expend its designated 8 portion of the revenues to provide property tax relief within 9 the boundaries of the school district located in the county. 10 (2) The governing body of a city may authorize the issuance 11 of bonds which are payable from its designated portion of 12 the revenues to be received under this section, and not 13 from property tax, by following the authorization procedures 14 described in section 384.83. A city may pledge irrevocably any 15 amount derived from its designated portions of the revenues to 16 the support or payment of such bonds. 17 b. A school district may enter into an agreement pursuant to 18 chapter 28E with another school district, a community college, 19 or an area education agency which is located partially or 20 entirely in or is contiguous to the county where the school 21 district is located. The school district or community college 22 shall only expend its designated portion of the revenues 23 for infrastructure purposes. The area education agency 24 shall only expend its designated portion of the revenues for 25 infrastructure and maintenance purposes. 26 DIVISION V 27 COUNTY CONFERENCE BOARD 28 Sec. 20. Section 441.2, Code 2023, is amended to read as 29 follows: 30 441.2 Conference board. 31 In each county and each city having an assessor there 32 shall be established a conference board. In counties the 33 conference board shall consist of the mayors or a designated 34 member of a city council of all incorporated cities in the 35 -16- HF 370 (4) 90 jda/jh/md 16/ 20
H.F. 370 county whose property is assessed by the county assessor; one 1 representative from the board of directors of each high school 2 district of containing a high school in the county, who is a 3 resident of the county, said board of directors appointing said 4 representative for a one-year term and notifying the clerk of 5 the conference board as to their representative ; and members 6 of the board of supervisors. In cities having an assessor 7 the conference board shall consist of the members of the city 8 council, school board the board of directors of each school 9 district containing a high school in the city , and county board 10 of supervisors. In the counties the chairperson of the board 11 of supervisors shall act as chairperson of the conference 12 board, in cities having an assessor the mayor of the city 13 council shall act as chairperson of the conference board. In 14 any action taken by the conference board, the mayors of all 15 incorporated cities in the county whose property is assessed 16 by the county assessor shall constitute one voting unit, the 17 members of the city board of education board of directors of 18 each school district containing a high school in the city or 19 one representative from the board of directors of each high 20 school district of containing a high school in the county shall 21 constitute one voting unit, the members of the city council 22 shall constitute one voting unit, and the county board of 23 supervisors shall constitute one voting unit, each unit having 24 a single vote and no action shall be valid except by the vote of 25 not less than two out of the three units. In any action taken 26 by the conference board, if a city or a county contains only 27 one school district containing a high school, the members of 28 or the representative of the board of directors of the school 29 district, as applicable, shall constitute one voting unit. 30 The majority vote of the members present of each unit shall 31 determine the vote of the unit. The assessor shall be clerk of 32 the conference board. 33 DIVISION VI 34 AREA EDUCATION AGENCY BOARDS 35 -17- HF 370 (4) 90 jda/jh/md 17/ 20
H.F. 370 Sec. 21. Section 273.3, subsection 12, Code 2023, is amended 1 to read as follows: 2 12. Prepare an annual budget estimating income and 3 expenditures for programs and services as provided in sections 4 273.1 , 273.2 , this section , sections 273.4 through 273.8 , and 5 chapter 256B within the limits of funds provided under section 6 256B.9 and chapter 257 . The board shall post notice of a 7 public hearing on the proposed budget on the area education 8 agency’s internet site and by publication in the newspaper of 9 general circulation in the territory of the area education 10 agency in which the principal place of business of a school 11 district that is a part of the area education agency is located 12 or in the manner prescribed in section 279.36 . The notice 13 shall specify the date, which shall be not later than March 14 1 of each year, the time, and the location of the public 15 hearing. The proposed budget as approved by the board shall 16 then be submitted to the state board of education, on forms 17 provided by the department, no later than March 15 preceding 18 the next fiscal year for approval. The state board shall 19 review the proposed budget of each area education agency and 20 shall before May 1, either grant approval or return the budget 21 without approval with comments of the state board included. An 22 unapproved budget shall be resubmitted to the state board for 23 final approval not later than May 15. The state board shall 24 give final approval only to budgets submitted by area education 25 agencies accredited by the state board or that have been given 26 conditional accreditation by the state board. 27 Sec. 22. Section 273.8, subsection 2, paragraph c, Code 28 2023, is amended to read as follows: 29 c. The board of each separate school district that is 30 located entirely or partially inside an area education agency 31 director district shall cast a vote for director of the area 32 education agency board based upon the ratio that the population 33 of the school district, or portion of the school district, in 34 the director district bears to the total population in the 35 -18- HF 370 (4) 90 jda/jh/md 18/ 20
H.F. 370 director district. The population of each school district or 1 portion shall be determined by the department of education. 2 The member of the area education agency board to be elected may 3 be a member of a local school district board of directors and 4 shall be an elector and a resident of the director district, 5 but shall not be a school district employee shall be an elector 6 and a resident of the director district and may be a member 7 of a local school district board of directors or a substitute 8 teacher who is employed by the school district and holds a 9 license issued by the board of educational examiners, but shall 10 not be employed by the school district in any other position . 11 DIVISION VII 12 ELECTION COMMISSIONERS 13 Sec. 23. Section 47.6, subsection 2, Code 2023, is amended 14 to read as follows: 15 2. For the purpose of this section , a conflict between two 16 elections exists only when some but not all of the registered 17 voters of any precinct would be entitled to vote in one of 18 the elections and all of the registered voters of the same 19 precinct would be entitled to vote in the other election. 20 Nothing in this subsection shall deny a commissioner who is 21 responsible for conducting the election discretionary authority 22 to approve holding a special election on the same date as 23 another election, even though the two elections may be defined 24 as being in conflict, if the commissioner concludes that to do 25 so will cause no undue difficulties. 26 DIVISION VIII 27 IOWA SCHOOL PERFORMANCE PROFILES 28 Sec. 24. 2013 Iowa Acts, chapter 121, section 73, subsection 29 2, is amended to read as follows: 30 2. The department shall develop an achievement score that 31 calculates aggregate growth as well as aggregate proficiency 32 of students which when combined with other academic indicators 33 results in an overall school performance grade for each 34 attendance center in the school district. For purposes of 35 -19- HF 370 (4) 90 jda/jh/md 19/ 20
H.F. 370 calculating the performance grade, if a student returns to 1 the school after dropping out and subsequently drops out 2 again, the student’s second or subsequent dropping out of 3 school shall not adversely affect the school’s performance 4 grade. The performance grade may also be used as one measure 5 to rank and classify schools into six different performance 6 categories: exceptional, high performing, commendable, 7 acceptable, needs improvement, and priority. The categories 8 may be used to define support and specialized assistance to 9 schools classified as needs improvement or priority as well as 10 to recognize schools designated exceptional or high performing. 11 Additionally, a closing gap score shall be calculated as 12 another measure to determine subgroup performance and to rank 13 and classify attendance centers. Other academic indicators 14 shall be defined as criterion referenced variables that will 15 be utilized in the calculation of the performance grade. 16 Other academic indicators shall include but not be limited 17 to graduation rates, attendance rates, and college-readiness 18 rates. Additional indicators of academic success and progress 19 may include post-graduation data, suspension and expulsion 20 rates, levels of student engagement, parent satisfaction, 21 parent engagement, and staff working conditions. 22 -20- HF 370 (4) 90 jda/jh/md 20/ 20
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