Bill Text: IA HF564 | 2017-2018 | 87th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to school district funding and authorized expenditures and transfers and including effective date, applicability, and retroactive applicability provisions. (Formerly HSB 178.) Effective 7-1-17.

Spectrum: Committee Bill

Status: (Passed) 2017-05-11 - Signed by Governor. H.J. 1148. [HF564 Detail]

Download: Iowa-2017-HF564-Amended.html

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House File 564 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON EDUCATION

                                 (SUCCESSOR TO HSB 178)
       (As Amended and Passed by the House March 15, 2017)

                                      A BILL FOR

  1 An Act relating to school district funding and authorized
  2    expenditures and transfers and including effective date,
  3    applicability, and retroactive applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 564 (3) 87
    md/jh/sc/md

PAG LIN



  1  1                           DIVISION I
  1  2                    PROFESSIONAL DEVELOPMENT
  1  3    Section 1.  Section 284.6, subsections 8 and 9, Code 2017,
  1  4 are amended to read as follows:
  1  5    8.  For each year in which a school district receives funds
  1  6 calculated and paid to school districts for professional
  1  7 development pursuant to section 257.10, subsection 10, or
  1  8 section 257.37A, subsection 2, the school district shall
  1  9 create quality professional development opportunities. Not
  1 10 less than thirty=six hours in the school calendar, held
  1 11 outside of the minimum school day, shall be set aside during
  1 12 nonpreparation time or designated professional development
  1 13 time to allow practitioners to collaborate with each other to
  1 14 deliver educational programs and assess student learning, or
  1 15 to engage in peer review pursuant to section 284.8, subsection
  1 16 1. The funds may be used to implement the professional
  1 17 development provisions of the teacher career paths and
  1 18 leadership roles specified in section 284.15, including but
  1 19 not limited to providing professional development to teachers,
  1 20 including additional salaries for time beyond the normal
  1 21 negotiated agreement; pay for substitute teachers, professional
  1 22 development materials, speakers, and professional development
  1 23 content; textbooks and curriculum materials used for classroom
  1 24 purposes if such textbooks and curriculum materials include
  1 25 professional development; administering assessments pursuant to
  1 26 section 256.7, subsection 21, paragraph "b", subparagraphs (1)
  1 27 and (2), if such assessments include professional development;
  1 28 and costs associated with implementing the individual
  1 29 professional development plans. The use of the funds shall
  1 30 be balanced between school district, attendance center,
  1 31 and individual professional development plans, making every
  1 32 reasonable effort to provide equal access to all teachers.
  1 33    9.  Moneys received pursuant to section 257.10, subsection
  1 34 10, or section 257.37A, subsection 2, shall be maintained
  1 35 as a separate listing within a school district's or area
  2  1 education agency's budget for funds received and expenditures
  2  2 made pursuant to this subsection.  The department shall not
  2  3 require a school district or area education agency to allocate
  2  4 a specific amount or percentage of moneys received pursuant to
  2  5 section 257.10, subsection 10, or section 257.37A, subsection
  2  6 2, for professional development related to implementation of
  2  7 the core curriculum under section 256.7, subsection 26. A
  2  8 school district shall certify to the department of education
  2  9 how the school district allocated the funds and that moneys
  2 10 received under this subsection were used to supplement, not
  2 11 supplant, the professional development opportunities the school
  2 12 district would otherwise make available.
  2 13    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This division of this
  2 14 Act, being deemed of immediate importance, takes effect upon
  2 15 enactment.
  2 16    Sec. 3.  APPLICABILITY.  This division of this Act applies to
  2 17 school budget years beginning on or after July 1, 2017.
  2 18                           DIVISION II
  2 19                 AT=RISK AND DROPOUT PREVENTION
  2 20    Sec. 4.  Section 257.11, subsection 4, paragraph d, Code
  2 21 2017, is amended to read as follows:
  2 22    d.  Up to five percent of the total amount Amounts that a
  2 23 school district receives as supplementary weighting pursuant
  2 24 to this subsection or as a modified supplemental amount
  2 25 received under section 257.41 may be used in the budget year
  2 26 for purposes of providing district=wide, or building=wide,
  2 27 or grade=specific at=risk and dropout prevention programming
  2 28 targeted to pupils who are not deemed at risk.
  2 29    Sec. 5.  Section 257.41, subsection 2, paragraphs a and b,
  2 30 Code 2017, are amended to read as follows:
  2 31    a.  Salary and benefits for instructional staff,
  2 32 instructional support staff, guidance counselors, and
  2 33 school=based youth services staff who are working with
  2 34 students who are participating in at=risk or dropout prevention
  2 35 programs, alternative programs, and alternative schools, in a
  3  1 traditional or alternative setting, if the staff person's or
  3  2 counselor's time is dedicated to working with such students in
  3  3 order to provide services beyond those which are provided by
  3  4 the school district to students who are not participating in
  3  5 such programs or alternative schools. However, if the staff
  3  6 person or counselor works part=time with students who are
  3  7 participating in a program or alternative school and the staff
  3  8 person or counselor has another unrelated staff assignment,
  3  9 only the portion of the staff person's or counselor's time
  3 10 that is related to the program or alternative school may
  3 11 be charged to the program or school. For each such staff
  3 12 person or counselor who works part time with students who
  3 13 are participating in a program or alternative school, the
  3 14 school district shall have the authority to designate the
  3 15 portion of the staff person's or counselor's time and the
  3 16 corresponding amount of salary and benefits that is related
  3 17 to the program or alternative school and shall include
  3 18 such designation as part of the program plan under section
  3 19 257.38, if applicable. For purposes of this paragraph, if
  3 20 an alternative setting is necessary to provide for a program
  3 21 which is offered at a location off school grounds and which
  3 22 is intended to serve student needs by improving relationships
  3 23 and connections to school, decreasing truancy and tardiness,
  3 24 providing opportunities for course credit recovery, or helping
  3 25 students identified as at risk to accelerate through multiple
  3 26 grade levels of achievement within a shortened time frame, the
  3 27 tuition costs for a student identified as at risk shall be
  3 28 considered an appropriate use of the program funding under this
  3 29 section.
  3 30    b.  Professional development for all teachers, counselors,
  3 31  and staff working with at=risk students under a program or an
  3 32 alternative school setting.
  3 33    Sec. 6.  Section 257.41, subsection 2, Code 2017, is amended
  3 34 by adding the following new paragraphs:
  3 35    NEW PARAGRAPH.  d.  Costs incurred for a program intended
  4  1 to address high rates of absenteeism, truancy, or frequent
  4  2 tardiness.
  4  3    NEW PARAGRAPH.  e.  Costs incurred for programs authorized
  4  4 under section 257.11, subsection 4, paragraph "d".
  4  5    Sec. 7.  EFFECTIVE UPON ENACTMENT.  This division of this
  4  6 Act, being deemed of immediate importance, takes effect upon
  4  7 enactment.
  4  8    Sec. 8.  APPLICABILITY.  This division of this Act applies to
  4  9 school budget years beginning on or after July 1, 2017.
  4 10                          DIVISION III
  4 11                   SCHOOL DISTRICT FLEXIBILITY
  4 12    Sec. 9.  Section 257.10, Code 2017, is amended by adding the
  4 13 following new subsection:
  4 14    NEW SUBSECTION.  13.  Deference to school districts.
  4 15    a.  When exercising authority to carry out an agency
  4 16 action, as defined in section 17A.2, or to perform an activity
  4 17 or make a decision specified in section 17A.2, subsection
  4 18 11, paragraphs "a" through "l", if applicable, related to
  4 19 the provisions of subsections 9, 10, and 11, including the
  4 20 expenditure of funds received by school districts under
  4 21 subsections 9, 10, and 11, the department of education, the
  4 22 director of the department of education, and the state board
  4 23 of education shall carry out, perform, or make such agency
  4 24 action, activity, or decision in a manner that gives deference
  4 25 to decisions of school districts' boards of directors, promotes
  4 26 flexibility for school districts, and minimizes intrusions into
  4 27 school district operations and decision making by boards of
  4 28 directors.
  4 29    b.  (1)  In addition to paragraph "a", the department of
  4 30 education, the director of the department of education, and
  4 31 the state board of education shall not issue guidance related
  4 32 to the provisions of subsections 9, 10, and 11, including
  4 33 the expenditure of funds received by a school district under
  4 34 subsections 9, 10, and 11, that is inconsistent with any
  4 35 statute, rule, or other legal authority or that imposes any
  5  1 legally binding obligations or duties upon any person unless
  5  2 such legally binding obligations or duties are required
  5  3 or reasonably implied by any statute, rule, or other legal
  5  4 authority. Guidance issued in violation of this paragraph "b"
  5  5 shall not be deemed to be legally binding.
  5  6    (2)  For the purposes of this paragraph "b", "guidance" means
  5  7 a document or statement issued by the department of education,
  5  8 the director of the department of education, or the state
  5  9 board of education that purports to interpret a law, a rule,
  5 10 or other legal authority and is designed to provide advice
  5 11 or direction to a person regarding the implementation of or
  5 12 compliance with the law, the rule, or the other legal authority
  5 13 being interpreted.  "Guidance" does not include any action,
  5 14 activity, or decision governed by paragraph "a", a document or
  5 15 statement required by federal law or a court, or a document or
  5 16 statement issued in the course of a contested case proceeding,
  5 17 an administrative proceeding, or a judicial proceeding to which
  5 18 the department, the state board, or the director is a party.
  5 19    Sec. 10.  EFFECTIVE UPON ENACTMENT.  This division of this
  5 20 Act, being deemed of immediate importance, takes effect upon
  5 21 enactment.
  5 22    Sec. 11.  APPLICABILITY.  This division of this Act applies
  5 23 to school budget years beginning on or after July 1, 2017.
  5 24                           DIVISION IV
  5 25                        PRESCHOOL PROGRAM
  5 26    Sec. 12.  Section 256C.4, subsection 1, paragraph e, Code
  5 27 2017, is amended to read as follows:
  5 28    e.  Preschool foundation aid funding shall not be used for
  5 29 the costs of constructing a facility in connection with an
  5 30 approved local program. Preschool foundation aid funding may
  5 31 be used by approved local programs and community providers
  5 32 for any purpose determined by the board of directors of the
  5 33 school district to meet standards for high=quality preschool
  5 34 instruction and for purposes that directly or indirectly
  5 35 benefit students enrolled in the approved local program,
  6  1 including but not limited to professional development for
  6  2 preschool teachers, for instructional equipment and supplies,
  6  3 for material and equipment designed to develop pupils' large
  6  4 and small motor skills, translation services, playground
  6  5 equipment and repair costs, food and beverages used by children
  6  6 in the approved local program, facility rental fees, and for
  6  7 other direct costs that enhance the approved local program,
  6  8 including by contracting with community partners for any
  6  9 such services. Preschool foundation aid funding may be used
  6 10 by approved local programs for the costs of transportation
  6 11 involving children participating in the preschool program.
  6 12 The costs of transporting other children associated with the
  6 13 preschool program or transported as provided in section 256C.3,
  6 14 subsection 3, paragraph "h", may be prorated by the school
  6 15 district. Preschool foundation aid funding received by an
  6 16 approved local program that remain unexpended or unobligated
  6 17 at the end of a fiscal year shall be used to build the approved
  6 18 local program's preschool program capacity in the next
  6 19 succeeding fiscal year.
  6 20    Sec. 13.  EFFECTIVE UPON ENACTMENT.  This division of this
  6 21 Act, being deemed of immediate importance, takes effect upon
  6 22 enactment.
  6 23    Sec. 14.  APPLICABILITY.  This division of this Act applies
  6 24 to school budget years beginning on or after July 1, 2017.
  6 25                           DIVISION V
  6 26                PHYSICAL PLANT AND EQUIPMENT LEVY
  6 27    Sec. 15.  Section 298.3, subsection 1, paragraph i, Code
  6 28 2017, is amended to read as follows:
  6 29    i.   The purchase of transportation equipment for
  6 30 transporting students and the repair of such transportation
  6 31 equipment if the cost of the repair exceeds two thousand five
  6 32 hundred dollars. For the purposes of this paragraph, "repair"
  6 33 means restoring an existing item of equipment to its original
  6 34 condition, as near as may be, after gradual obsolescence or
  6 35 physical and functional depreciation due to wear and tear,
  7  1 corrosion and decay, or partial destruction, and includes
  7  2 maintenance of an item of equipment.
  7  3    Sec. 16.  EFFECTIVE UPON ENACTMENT.  This division of this
  7  4 Act, being deemed of immediate importance, takes effect upon
  7  5 enactment.
  7  6    Sec. 17.  APPLICABILITY.  This division of this Act applies
  7  7 to school budget years beginning on or after July 1, 2017.
  7  8                           DIVISION VI
  7  9                      STUDENT ACTIVITY FUND
  7 10    Sec. 18.  Section 298A.8, Code 2017, is amended to read as
  7 11 follows:
  7 12    298A.8  Student activity fund.
  7 13    1.  The student activity fund is a special revenue fund.
  7 14 A student activity fund must be established in any school
  7 15 corporation receiving money from student=related activities
  7 16 such as admissions, activity fees, student dues, student
  7 17 fund=raising events, or other student=related cocurricular or
  7 18 extracurricular activities. Moneys in this fund shall be used
  7 19 to support only the cocurricular program defined in department
  7 20 of education administrative rules.
  7 21    2.  For school budget years beginning on or after July 1,
  7 22 2016, the board of directors of a school corporation may,
  7 23 by board resolution, transfer from the school corporation's
  7 24 general fund to the student activity fund an amount necessary
  7 25 to purchase protective and safety equipment required for any
  7 26 extracurricular interscholastic athletic contest or competition
  7 27 that is sponsored or administered by an organization as defined
  7 28 in section 280.13.
  7 29    Sec. 19.  EFFECTIVE UPON ENACTMENT.  This division of this
  7 30 Act, being deemed of immediate importance, takes effect upon
  7 31 enactment.
  7 32    Sec. 20.  RETROACTIVE APPLICABILITY.  This division of this
  7 33 Act applies retroactively to July 1, 2016, for school budget
  7 34 years beginning on or after that date.
       HF 564 (3) 87
       md/jh/sc/md