Bill Text: IA HF847 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act modifying provisions relating to city and county powers and educational programs, requirements, funding, tax credits and deductions, open enrollment, supplementary weighting, and including effective date, applicability, and retroactive applicability provisions. (Formerly HF 808, HSB 240.) Effective date: Enactment, 07/01/2021. Applicability date: 07/01/2021, 07/01/2020, 01/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-05-20 - Signed by Governor. H.J. 1211. [HF847 Detail]
Download: Iowa-2021-HF847-Enrolled.html
House
File
847
-
Enrolled
House
File
847
AN
ACT
MODIFYING
PROVISIONS
RELATING
TO
CITY
AND
COUNTY
POWERS
AND
EDUCATIONAL
PROGRAMS,
REQUIREMENTS,
FUNDING,
TAX
CREDITS
AND
DEDUCTIONS,
OPEN
ENROLLMENT,
SUPPLEMENTARY
WEIGHTING,
AND
INCLUDING
EFFECTIVE
DATE,
APPLICABILITY,
AND
RETROACTIVE
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
EDUCATION
PROGRAM
STANDARDS
AND
FUNDING
Section
1.
Section
256.11,
subsection
8,
Code
2021,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
8.
a.
The
state
board
shall
establish
a
flexible
student
and
school
support
program
to
be
administered
by
the
director.
Under
the
program,
upon
request
of
the
board
of
directors
of
House
File
847,
p.
2
a
public
school
district
or
the
authorities
in
charge
of
an
accredited
nonpublic
school,
the
director
may,
for
a
period
not
to
exceed
three
years,
grant
the
applicable
board
of
directors
or
the
authority
in
charge
of
the
nonpublic
school
the
ability
to
use
the
flexible
student
and
school
support
program
to
implement
evidence-based
practices
in
innovative
ways
to
enhance
student
learning,
well-being,
and
postsecondary
success.
b.
Approval
to
participate
in
the
flexible
student
and
school
support
program
shall
exempt
the
school
district
or
nonpublic
school
from
one
or
more
of
the
requirements
of
the
educational
program
specified
in
subsection
3,
4,
or
5,
subsection
6,
paragraph
“b”
or
“c”
,
subsection
7,
paragraph
“b”
or
“c”
,
or
the
minimum
school
calendar
requirements
in
section
279.10,
subsection
1.
An
exemption
shall
be
granted
only
if
the
director
deems
that
the
request
made
is
an
essential
part
of
an
educational
program
to
support
student
learning,
well-being,
and
postsecondary
success;
is
necessary
for
the
success
of
the
program;
and
is
broadly
consistent
with
the
intent
of
the
requirements
of
the
educational
program
specified
in
subsection
3,
4,
or
5,
subsection
6,
paragraph
“b”
or
“c”
,
subsection
7,
paragraph
“b”
or
“c”
,
or
the
minimum
school
calendar
requirements
in
section
279.10,
subsection
1.
c.
Approval
to
participate
in
the
flexible
student
and
school
support
program
shall
include
authority
for
a
school
district
to
use
funds
from
the
school
district’s
flexibility
account
under
section
298A.2,
subsection
2,
to
implement
all
or
part
of
the
flexible
student
and
school
support
program.
d.
The
application
for
the
flexible
student
and
school
support
program
shall
include
all
of
the
following
and
be
submitted
on
forms
and
in
a
format
prescribed
by
the
department:
(1)
A
description
of
the
proposed
educational
program,
including
evidence
used
to
design
the
program
and
evidence
of
involvement
of
board
members,
parents,
students,
community
members,
and
staff
in
development
of
the
program.
(2)
Program
goals
and
measures
of
program
effectiveness
and
success,
including
student
success
and
performance.
House
File
847,
p.
3
(3)
A
plan
for
program
administration,
including
the
use
of
personnel,
facilities,
and
funding.
(4)
A
plan
for
evaluation
of
the
proposed
program
on
at
least
an
annual
basis,
including
a
plan
for
program
revisions,
if
necessary.
(5)
The
estimated
financial
impact
of
the
program
on
the
school
district
or
nonpublic
school.
e.
Approval
to
participate
in
the
program
does
not
exempt
the
school
district
or
nonpublic
school
from
federal
law
or
any
other
requirements
of
state
law
that
are
not
specifically
exempted
by
the
director.
f.
Each
school
district
or
nonpublic
school
approved
to
participate
in
the
flexible
student
and
school
support
program
shall
file
an
annual
report
with
the
department
on
the
status
of
the
program
on
forms
and
in
a
format
prescribed
by
the
department.
g.
Participation
in
the
flexible
student
and
school
support
program
may
be
renewed
for
additional
periods
of
years,
each
not
to
exceed
three
years.
The
director
may
revoke
approval
of
all
or
part
of
any
application
or
approved
education
program
if
the
annual
report
or
any
other
information
available
to
the
department
indicates
that
conditions
no
longer
warrant
use
of
an
exemption
or
funding
from
the
school
district’s
flexibility
account
under
section
298A.2,
subsection
2.
Notice
of
revocation
must
be
provided
by
the
director
to
the
school
district
or
nonpublic
school
prior
to
the
beginning
of
the
school
year
for
which
participation
is
revoked.
Sec.
2.
Section
257.10,
subsection
12,
paragraph
d,
Code
2021,
is
amended
to
read
as
follows:
d.
For
the
budget
year
beginning
July
1,
2014,
and
succeeding
budget
years,
the
use
of
the
funds
calculated
under
this
subsection
shall
comply
with
the
requirements
of
chapter
284
and
shall
be
distributed
to
teachers
pursuant
to
section
284.15
.
The
funds
shall
be
used
only
to
increase
the
payment
for
a
teacher
assigned
to
a
leadership
role
pursuant
to
a
framework
or
comparable
system
approved
pursuant
to
section
284.15
;
to
increase
the
percentages
of
teachers
assigned
to
leadership
roles;
to
increase
the
minimum
teacher
starting
salary
to
thirty-three
thousand
five
hundred
dollars;
to
House
File
847,
p.
4
cover
the
costs
for
the
time
mentor
and
lead
teachers
are
not
providing
instruction
to
students
in
a
classroom;
for
coverage
of
a
classroom
when
an
initial
or
career
teacher
is
observing
or
co-teaching
with
a
teacher
assigned
to
a
leadership
role;
for
professional
development
time
to
learn
best
practices
associated
with
the
career
pathways
leadership
process;
and
for
other
costs
associated
with
a
framework
or
comparable
system
approved
by
the
department
of
education
under
section
284.15
with
the
goals
of
improving
instruction
and
elevating
the
quality
of
teaching
and
student
learning.
If
all
requirements
for
the
school
district
for
the
use
of
funds
calculated
under
this
subsection
are
met
and
funds
received
under
this
subsection
remain
unexpended
and
unobligated
at
the
end
of
a
fiscal
year
beginning
on
or
after
July
1,
2020,
the
school
district
may
transfer
all
or
a
portion
of
such
unexpended
and
unobligated
funds
for
deposit
in
the
school
district’s
flexibility
account
established
under
section
298A.2,
subsection
2.
Sec.
3.
Section
284.3A,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
if
a
school
district
has
funds
received
for
any
fiscal
year
beginning
before
July
1,
2022,
under
section
257.10,
subsection
9,
or
section
257.37A,
subsection
1,
that
remain
unexpended
and
unobligated
at
the
conclusion
of
the
fiscal
year
beginning
July
1,
2021,
the
portion
of
such
unexpended
and
unobligated
funds
that
exceeds
an
amount
equal
to
five
percent
of
the
amount
received
by
the
school
district
under
section
257.10,
subsection
9,
or
section
257.37A,
subsection
1,
for
the
fiscal
year
beginning
July
1,
2021,
shall
be
allocated
and
paid
to
the
school
district
employees
otherwise
eligible
to
receive
funds
under
this
section
on
a
per
employee
basis
determined
based
on
each
eligible
employee’s
full-time
or
part-time
employment
status.
This
subsection
is
repealed
July
1,
2023.
Sec.
4.
Section
298A.2,
subsection
2,
paragraph
a,
Code
2021,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(4)
Teacher
leadership
supplement
funds
received
under
section
257.10,
subsection
12.
House
File
847,
p.
5
Sec.
5.
Section
298A.2,
subsection
2,
paragraph
c,
Code
2021,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(8)
An
approved
flexible
student
and
school
support
program
under
section
256.11,
subsection
8.
DIVISION
II
EDUCATION
TAX
CREDITS
AND
DEDUCTIONS
Sec.
6.
Section
422.7,
subsection
55,
Code
2021,
is
amended
to
read
as
follows:
55.
A
taxpayer
who
is
an
eligible
educator
as
defined
in
section
62(d)(1)
of
the
Internal
Revenue
Code
is
allowed
to
take
the
deduction
for
certain
expenses
of
elementary
and
secondary
school
teachers
allowed
under
section
62(a)(2)(D)
of
the
Internal
Revenue
Code
,
as
amended
by
the
federal
Emergency
Economic
Stabilization
Act
of
2008,
Pub.
L.
No.
110-343,
in
computing
net
income
for
state
tax
purposes
in
excess
of
the
amount
of
the
taxpayer’s
deduction
for
certain
expenses
of
elementary
and
secondary
school
teachers
for
federal
tax
purposes
allowed
under
section
62(a)(2)(D)
of
the
Internal
Revenue
Code,
but
not
to
exceed
five
hundred
dollars
.
Sec.
7.
Section
422.12,
subsection
1,
Code
2021,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0c.
“Private
instruction”
means
independent
private
instruction
as
defined
in
section
299A.1,
subsection
2,
paragraph
“b”
,
competent
private
instruction
under
section
299A.2,
or
private
instruction
provided
to
a
resident
of
this
state
by
a
nonlicensed
person
under
section
299A.3.
Sec.
8.
Section
422.12,
subsection
2,
paragraph
b,
Code
2021,
is
amended
to
read
as
follows:
b.
A
tuition
credit
equal
to
twenty-five
percent
of
the
first
one
two
thousand
dollars
which
the
taxpayer
has
paid
to
others
for
each
dependent
in
grades
kindergarten
through
twelve,
for
tuition
and
textbooks
of
each
dependent
in
who
is
receiving
private
instruction
or
who
is
attending
an
elementary
or
secondary
school
situated
in
Iowa,
which
school
is
accredited
or
approved
under
section
256.11
,
which
is
not
operated
for
profit,
and
which
adheres
to
the
provisions
of
the
federal
Civil
Rights
Act
of
1964
and
chapter
216
.
Notwithstanding
any
other
provision,
all
other
credits
allowed
under
this
subsection
shall
be
deducted
before
the
tuition
House
File
847,
p.
6
credit
under
this
paragraph.
The
department,
when
conducting
an
audit
of
a
taxpayer’s
return,
shall
also
audit
the
tuition
tax
credit
portion
of
the
tax
return.
Sec.
9.
2018
Iowa
Acts,
chapter
1161,
section
118,
is
amended
to
read
as
follows:
SEC.
118.
Section
422.7,
subsections
3,
7,
8,
9,
10,
11,
14,
15,
16,
20,
22,
24,
25,
26,
30,
35,
36,
37,
39,
39B,
40,
43,
45,
49,
53,
55,
56,
57,
and
58
,
Code
2018,
are
amended
by
striking
the
subsections.
Sec.
10.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
11.
RETROACTIVE
APPLICABILITY.
The
following
apply
retroactively
to
January
1,
2021,
for
tax
years
beginning
on
or
after
that
date:
1.
The
section
of
this
division
of
this
Act
amending
section
422.7,
subsection
55.
2.
The
section
of
this
division
of
this
Act
amending
section
422.12,
subsection
l.
3.
The
section
of
this
division
of
this
Act
amending
section
422.12,
subsection
2,
paragraph
“b”.
DIVISION
III
OPEN
ENROLLMENT
Sec.
12.
Section
256.46,
subsection
1,
Code
2021,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
i.
If
the
child’s
former
school
or
school
district,
if
located
in
this
state,
was
unable
to
participate
in
varsity
interscholastic
sports
as
the
result
of
a
decision
or
implementation
of
a
decision
of
the
school
board
or
superintendent.
Sec.
13.
Section
282.18,
subsection
2,
paragraph
a,
Code
2021,
is
amended
to
read
as
follows:
a.
By
March
1
of
the
preceding
school
year
for
students
entering
grades
one
through
twelve,
or
by
September
1
of
the
current
school
year
for
students
entering
kindergarten
or
for
prekindergarten
students
enrolled
in
special
education
programs
and
included
in
the
school
district’s
basic
enrollment
under
section
257.6,
subsection
1,
paragraph
“a”
,
subparagraph
(1)
,
the
parent
or
guardian
shall
send
notification
to
the
district
of
residence
and
the
receiving
district,
on
forms
prescribed
House
File
847,
p.
7
by
the
department
of
education,
that
the
parent
or
guardian
intends
to
enroll
the
parent’s
or
guardian’s
child
in
a
public
school
in
another
school
district.
If
a
parent
or
guardian
fails
to
file
a
notification
that
the
parent
intends
to
enroll
the
parent’s
or
guardian’s
child
in
a
public
school
in
another
district
by
the
deadline
specified
in
this
subsection
,
the
procedures
of
subsection
4
apply.
Sec.
14.
Section
282.18,
subsection
4,
paragraph
b,
Code
2021,
is
amended
to
read
as
follows:
b.
For
purposes
of
this
section
,
“good
cause”
:
(1)
“Good
cause”
means
a
change
in
a
child’s
residence
due
to
a
change
in
family
residence,
a
change
in
a
child’s
residence
from
the
residence
of
one
parent
or
guardian
to
the
residence
of
a
different
parent
or
guardian,
a
change
in
the
state
in
which
the
family
residence
is
located,
a
change
in
a
child’s
parents’
marital
status,
a
guardianship
or
custody
proceeding,
placement
in
foster
care,
adoption,
participation
in
a
foreign
exchange
program,
initial
placement
of
a
prekindergarten
student
in
a
special
education
program
requiring
specially
designed
instruction,
or
participation
in
a
substance
abuse
or
mental
health
treatment
program,
a
change
in
the
status
of
a
child’s
resident
district
such
as
removal
of
accreditation
by
the
state
board,
surrender
of
accreditation,
or
permanent
closure
of
a
nonpublic
school,
revocation
of
a
charter
school
contract
as
provided
in
section
256F.8
,
the
failure
of
negotiations
for
a
whole
grade
sharing,
reorganization,
dissolution
agreement
,
or
the
rejection
of
a
current
whole
grade
sharing
agreement,
or
reorganization
plan
,
or
if
the
child’s
assigned
attendance
center
in
the
district
of
residence
is
identified
as
in
significant
need
for
improvement
.
If
the
good
cause
relates
to
a
change
in
status
of
a
child’s
school
district
of
residence,
however,
action
by
a
parent
or
guardian
must
be
taken
to
file
the
notification
within
forty-five
days
of
the
last
board
action
or
within
thirty
days
of
the
certification
of
the
election,
whichever
is
applicable
to
the
circumstances.
(2)
“Significant
need
for
improvement”
means
a
school
attendance
center
designated
by
the
department
of
education
under
the
priority
category
under
the
Iowa
school
performance
House
File
847,
p.
8
profiles
for
two
or
more
of
the
immediately
preceding
school
years
or
identified
for
comprehensive
support
and
improvement
under
the
federal
Every
Student
Succeeds
Act,
Pub.
L.
No.
114-95,
or
an
equivalent
objective
federal
standard,
for
two
or
more
of
the
immediately
preceding
school
years.
Sec.
15.
Section
282.18,
subsection
5,
Code
2021,
is
amended
to
read
as
follows:
5.
Open
enrollment
applications
filed
after
March
1
of
the
preceding
school
year
that
do
not
qualify
for
good
cause
as
provided
in
subsection
4
shall
be
subject
to
the
approval
of
the
board
of
the
resident
district
and
the
board
of
the
receiving
district.
The
parent
or
guardian
shall
send
notification
to
the
district
of
residence
and
the
receiving
district
that
the
parent
or
guardian
seeks
to
enroll
the
parent’s
or
guardian’s
child
in
the
receiving
district.
A
decision
of
either
board
to
deny
an
application
filed
under
this
subsection
involving
repeated
acts
of
harassment
of
the
student
that
the
resident
district
cannot
adequately
address,
a
consistent
failure
of
the
resident
district
to
reasonably
respond
to
a
student’s
failure
to
meet
basic
academic
standards
after
notice
provided
by
a
parent
or
guardian,
or
a
serious
health
condition
of
the
student
that
the
resident
district
cannot
adequately
address
is
subject
to
appeal
under
section
290.1
.
The
state
board
shall
adopt
by
rule
the
criteria
for
determining
a
resident
district’s
consistent
failure
to
reasonably
respond
to
a
student’s
failure
to
meet
basic
academic
standards
and
shall
exercise
broad
discretion
to
achieve
just
and
equitable
results
that
are
in
the
best
interest
of
the
affected
child
or
children.
Sec.
16.
Section
282.18,
subsection
9,
paragraphs
a,
b,
and
c,
Code
2021,
are
amended
to
read
as
follows:
a.
If
a
parent
or
guardian
of
a
child,
who
is
participating
in
open
enrollment
under
this
section
,
moves
to
a
different
school
district
during
the
course
of
either
district’s
academic
year,
the
child’s
first
district
of
residence
as
determined
on
the
date
specified
in
section
257.6,
subsection
1,
shall
be
responsible
for
payment
of
the
cost
per
pupil
plus
weightings
or
special
education
costs
to
the
receiving
school
district
for
the
balance
of
the
school
year
in
which
the
move
took
place.
House
File
847,
p.
9
The
new
district
of
residence
shall
be
responsible
for
the
payments
during
succeeding
years.
b.
If
a
request
to
transfer
is
due
to
a
change
in
family
residence,
a
change
in
a
child’s
residence
from
the
residence
of
one
parent
or
guardian
to
the
residence
of
a
different
parent
or
guardian,
a
change
in
the
state
in
which
the
family
residence
is
located,
a
change
in
a
child’s
parents’
marital
status,
a
guardianship
proceeding,
placement
in
foster
care,
adoption,
participation
in
a
foreign
exchange
program,
or
participation
in
a
substance
abuse
or
mental
health
treatment
program,
and
the
child
who
is
the
subject
of
the
request
is
enrolled
in
any
grade
from
kindergarten
through
grade
twelve
or
who
is
a
prekindergarten
student
enrolled
in
a
special
education
program
at
the
time
of
the
request
and
is
not
currently
using
any
provision
of
open
enrollment,
the
parent
or
guardian
of
the
child
shall
have
the
option
to
have
the
child
remain
in
the
child’s
original
district
of
residence
under
open
enrollment
with
no
interruption
in
the
child’s
kindergarten
through
grade
twelve
educational
program.
If
a
parent
or
guardian
exercises
this
option,
the
child’s
new
district
of
residence
is
not
required
to
pay
the
amount
calculated
in
subsection
7
or
8,
as
applicable,
until
the
start
of
the
first
full
year
of
enrollment
of
the
child.
c.
The
receiving
district
shall
bill
the
first
resident
district
determined
under
paragraph
“a”
according
to
the
timeline
in
section
282.20,
subsection
3
.
Payments
shall
be
made
to
the
receiving
district
in
a
timely
manner.
Sec.
17.
Section
282.18,
subsection
10,
paragraph
c,
Code
2021,
is
amended
to
read
as
follows:
c.
If
the
pupil
meets
the
economic
eligibility
requirements
established
by
the
department
and
state
board
of
education,
the
sending
district
is
responsible
for
providing
transportation
or
paying
the
pro
rata
cost
of
the
transportation
to
a
parent
or
guardian
for
transporting
the
pupil
to
and
from
a
point
on
a
regular
school
bus
route
of
a
contiguous
receiving
district
unless
the
cost
of
providing
transportation
or
the
pro
rata
cost
of
the
transportation
to
a
parent
or
guardian
exceeds
the
average
transportation
cost
per
pupil
transported
for
the
previous
school
year
in
the
district.
The
economic
House
File
847,
p.
10
eligibility
requirements
established
by
the
department
of
education
and
state
board
of
education
shall
minimally
include
those
pupils
with
household
incomes
of
two
hundred
percent
or
less
of
the
federal
poverty
level
as
defined
by
the
most
recently
revised
poverty
income
guidelines
published
by
the
United
States
department
of
health
and
human
services.
If
the
cost
exceeds
the
average
transportation
cost
per
pupil
transported
for
the
previous
school
year,
the
sending
district
shall
only
be
responsible
for
that
average
per
pupil
amount.
A
sending
district
which
provides
transportation
for
a
pupil
to
a
contiguous
receiving
district
under
this
subsection
may
withhold,
from
the
district
cost
per
pupil
amount
that
is
to
be
paid
to
the
receiving
district,
an
amount
which
represents
the
average
or
pro
rata
cost
per
pupil
for
transportation,
whichever
is
less.
Sec.
18.
Section
282.18,
subsection
11,
paragraph
a,
Code
2021,
is
amended
by
adding
the
following
new
subparagraphs:
NEW
SUBPARAGRAPH
.
(8)
If
the
pupil
participates
in
open
enrollment
because
of
circumstances
that
meet
the
definition
of
good
cause
under
subsection
4,
paragraph
“b”
.
NEW
SUBPARAGRAPH
.
(9)
If
the
board
of
directors
or
superintendent
of
the
district
of
residence
issues
or
implements
a
decision
that
results
in
the
discontinuance
or
suspension
of
varsity
interscholastic
sports
activities
in
the
district
of
residence.
NEW
SUBPARAGRAPH
.
(10)
If
the
board
of
directors
of
the
district
of
residence
and
the
board
of
directors
of
the
receiving
district
both
agree
to
waive
the
ineligibility
period.
NEW
SUBPARAGRAPH
.
(11)
For
open
enrollment
applications
approved
for
the
school
year
beginning
July
1,
2021,
if
the
pupil’s
district
of
residence
had
a
voluntary
diversity
plan
in
effect
on
January
1,
2021,
and
applicable
to
the
school
year
beginning
July
1,
2021.
Sec.
19.
Section
282.18,
subsection
11,
Code
2021,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0c.
If
a
pupil
is
declared
ineligible
for
interscholastic
athletic
contests
and
athletic
competitions
in
the
pupil’s
district
of
residence
due
to
the
pupil’s
academic
House
File
847,
p.
11
performance,
upon
participating
in
open
enrollment,
in
addition
to
any
other
period
of
ineligibility
under
this
subsection,
the
pupil
shall
be
ineligible
in
the
receiving
district
for
the
remaining
period
of
ineligibility
declared
by
the
district
of
residence.
Sec.
20.
EXTRACURRICULAR
INELIGIBILITY.
In
addition
to
the
circumstances
enumerated
under
section
256.46,
subsection
1,
and
section
282.18,
subsection
11,
for
which
the
ineligibility
period
for
extracurricular
interscholastic
contests
or
competitions
shall
not
apply,
and
notwithstanding
any
provision
of
law
or
rule
of
the
state
board
of
education
to
the
contrary,
for
determinations
of
eligibility
for
the
school
year
beginning
July
1,
2020,
and
the
school
year
beginning
July
1,
2021,
a
child
may
participate
immediately
in
varsity
interscholastic
contests
or
competitions
upon
enrollment
in
a
school
or
school
district,
if
the
child
was
previously
enrolled
in
the
school
or
school
district
on
the
first
day
of
the
school
calendar
for
the
school
year
beginning
July
1,
2020,
then
enrolls
in
a
different
school
or
school
district
for
a
portion
of
the
school
year
beginning
July
1,
2020,
and
then,
before
July
1,
2021,
reenrolls
in
the
school
or
school
district
in
which
the
child
was
initially
enrolled.
Sec.
21.
EFFECTIVE
DATE.
The
following,
being
deemed
of
immediate
importance,
take
effect
upon
enactment:
1.
The
portion
of
the
section
of
this
division
of
this
Act
enacting
section
282.18,
subsection
11,
paragraph
“a”,
subparagraph
(9).
2.
The
portion
of
the
section
of
this
division
of
this
Act
enacting
section
282.18,
subsection
11,
paragraph
“a”,
subparagraph
(10).
3.
The
section
of
this
division
of
this
Act
establishing
an
exception
to
the
ineligibility
period
for
extracurricular
interscholastic
contests
or
competitions
for
the
school
year
beginning
July
1,
2020,
and
the
school
year
beginning
July
1,
2021.
Sec.
22.
RETROACTIVE
APPLICABILITY.
The
following
apply
retroactively
to
July
1,
2020:
1.
The
section
of
this
division
of
this
Act
enacting
section
256.46,
subsection
1,
paragraph
“i”.
House
File
847,
p.
12
2.
The
portion
of
the
section
of
this
division
of
this
Act
enacting
section
282.18,
subsection
11,
paragraph
“a”,
subparagraph
(9).
3.
The
section
of
this
division
of
this
Act
establishing
an
exception
to
the
ineligibility
period
for
extracurricular
interscholastic
contests
or
competitions
for
the
school
year
beginning
July
1,
2020,
and
the
school
year
beginning
July
1,
2021.
DIVISION
IV
SCHOOL
BOARD
POWERS
AND
DUTIES
Sec.
23.
Section
279.1,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
A
school
corporation
is
entrusted
with
public
funds
for
the
purpose
of
improving
student
outcomes,
including
but
not
limited
to
student
academic
achievement
and
skill
proficiency,
and
the
board
of
directors
of
the
school
corporation
is
responsible
for
overseeing
such
improvement.
DIVISION
V
SHARED
OPERATIONAL
FUNCTIONS
Sec.
24.
Section
257.11,
subsection
5,
paragraph
a,
Code
2021,
is
amended
to
read
as
follows:
a.
(1)
In
order
to
provide
additional
funding
to
increase
student
opportunities
and
redirect
more
resources
to
student
programming
for
school
districts
that
share
operational
functions,
a
district
that
shares
with
a
political
subdivision
one
or
more
operational
functions
of
a
curriculum
director,
master
social
worker,
independent
social
worker,
work-based
learning
coordinator,
special
education
director,
or
school
counselor,
or
one
or
more
operational
functions
in
the
areas
of
superintendent
management,
business
management,
human
resources,
transportation,
or
operation
and
maintenance
for
at
least
twenty
percent
of
the
school
year
shall
be
assigned
a
supplementary
weighting
for
each
shared
operational
function.
A
school
district
that
shares
an
operational
function
in
the
area
of
superintendent
management
shall
be
assigned
a
supplementary
weighting
of
eight
pupils
for
the
function.
A
school
district
that
shares
an
operational
function
in
the
area
of
business
management,
human
resources,
transportation,
or
operation
and
maintenance
shall
be
assigned
a
supplementary
House
File
847,
p.
13
weighting
of
five
pupils
for
the
function.
A
school
district
that
shares
the
operational
functions
of
a
curriculum
director,
a
master
social
worker
or
an
independent
social
worker
licensed
under
chapters
147
and
154C
,
a
work-based
learning
coordinator,
special
education
director,
or
a
school
counselor
shall
be
assigned
a
supplementary
weighting
of
three
pupils
for
the
function.
The
additional
weighting
shall
be
assigned
for
each
discrete
operational
function
shared.
However,
a
school
district
may
receive
the
additional
weighting
under
this
subsection
for
sharing
the
services
of
an
individual
with
a
political
subdivision
even
if
the
type
of
operational
function
performed
by
the
individual
for
the
school
district
and
the
type
of
operational
function
performed
by
the
individual
for
the
political
subdivision
are
not
the
same
operational
function,
so
long
as
both
operational
functions
are
eligible
for
weighting
under
this
subsection
.
In
such
case,
the
school
district
shall
be
assigned
the
additional
weighting
for
the
type
of
operational
function
that
the
individual
performs
for
the
school
district,
and
the
school
district
shall
not
receive
additional
weighting
for
any
other
function
performed
by
the
individual.
The
operational
function
sharing
arrangement
does
not
need
to
be
a
newly
implemented
sharing
arrangement
to
receive
supplementary
weighting
under
this
subsection
.
(2)
For
the
purposes
of
this
section,
“political
subdivision”
paragraph
“a”
:
(a)
“Political
subdivision”
means
a
city,
township,
county,
school
corporation,
merged
area,
area
education
agency,
institution
governed
by
the
state
board
of
regents,
or
any
other
governmental
subdivision.
(b)
“Work-based
learning
coordinator”
means
an
appropriately
trained
individual
responsible
for
facilitating
authentic,
engaging
work-based
learning
experiences
for
learners
and
educators
in
partnership
with
employers
and
others
to
enhance
learning
by
connecting
the
content
and
skills
that
are
necessary
for
future
careers.
Sec.
25.
Section
257.11,
subsection
5,
Code
2021,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0b.
(1)
Notwithstanding
paragraph
“a”
,
subparagraph
(1),
each
operational
function
assigned
a
House
File
847,
p.
14
supplementary
weighting
of
five
pupils
under
paragraph
“a”
,
subparagraph
(1),
shall
instead
be
assigned
a
supplementary
weighting
of
four
pupils
for
the
school
budget
years
beginning
July
1,
2022,
July
1,
2023,
and
July
1,
2024.
(2)
Notwithstanding
paragraph
“a”
,
subparagraph
(1),
each
operational
function
assigned
a
supplementary
weighting
of
three
pupils
under
paragraph
“a”
,
subparagraph
(1),
shall
instead
be
assigned
a
supplementary
weighting
of
two
pupils
for
the
school
budget
years
beginning
July
1,
2022,
July
1,
2023,
and
July
1,
2024.
Sec.
26.
APPLICABILITY.
This
division
of
this
Act
applies
to
school
budget
years
beginning
on
or
after
July
1,
2021,
subject
to
the
school
budget
year
limitations
of
section
257.11,
subsection
5.
DIVISION
VI
PLEDGE
OF
ALLEGIANCE
Sec.
27.
Section
280.5,
Code
2021,
is
amended
to
read
as
follows:
280.5
Display
of
United
States
flag
and
Iowa
state
flag
——
pledge
of
allegiance
.
1.
The
board
of
directors
of
each
public
school
district
and
the
authorities
in
charge
of
each
nonpublic
school
shall
provide
and
maintain
a
suitable
flagstaff
on
each
school
site
under
its
control,
and
the
United
States
flag
and
the
Iowa
state
flag
shall
be
raised
on
all
school
days
when
weather
conditions
are
suitable.
2.
The
board
of
directors
of
each
public
school
district
shall
administer
the
pledge
of
allegiance
in
grades
one
through
twelve
each
school
day.
Each
classroom
in
which
the
pledge
of
allegiance
is
recited
pursuant
to
this
subsection
shall
display
the
United
States
flag
during
the
recitation.
A
student
shall
not
be
compelled
against
the
student’s
objections
or
those
of
the
student’s
parent
or
guardian
to
recite
the
pledge.
DIVISION
VII
FACIAL
COVERING
POLICIES
——
COUNTIES,
CITIES,
AND
SCHOOLS
Sec.
28.
NEW
SECTION
.
280.31
Facial
coverings.
The
board
of
directors
of
a
school
district,
the
superintendent
or
chief
administering
officer
of
a
school
or
school
district,
and
the
authorities
in
charge
of
each
House
File
847,
p.
15
accredited
nonpublic
school
shall
not
adopt,
enforce,
or
implement
a
policy
that
requires
its
employees,
students,
or
members
of
the
public
to
wear
a
facial
covering
for
any
purpose
while
on
the
school
district’s
or
accredited
nonpublic
school’s
property
unless
the
facial
covering
is
necessary
for
a
specific
extracurricular
or
instructional
purpose,
or
is
required
by
section
280.10
or
280.11
or
any
other
provision
of
law.
Sec.
29.
Section
331.301,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
19.
A
county
shall
not
adopt
an
ordinance,
motion,
resolution,
or
amendment,
or
use
any
other
means,
that
requires
the
owner
of
real
property
to
implement
a
policy
relating
to
the
use
of
facial
coverings
that
is
more
stringent
than
a
policy
imposed
by
the
state.
Sec.
30.
Section
364.3,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
14.
A
city
shall
not
adopt
an
ordinance,
motion,
resolution,
or
amendment,
or
use
any
other
means,
that
requires
the
owner
of
real
property
to
implement
a
policy
relating
to
the
use
of
facial
coverings
that
is
more
stringent
than
a
policy
imposed
by
the
state.
Sec.
31.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
VIII
SCHOOL
TUITION
ORGANIZATION
TAX
CREDIT
Sec.
32.
Section
422.11S,
subsection
1,
Code
2021,
is
amended
to
read
as
follows:
1.
The
taxes
imposed
under
this
subchapter
,
less
the
credits
allowed
under
section
422.12
,
shall
be
reduced
by
a
school
tuition
organization
tax
credit
equal
to
sixty-five
seventy-five
percent
of
the
amount
of
the
voluntary
cash
or
noncash
contributions
made
by
the
taxpayer
during
the
tax
year
to
a
school
tuition
organization,
subject
to
the
total
dollar
value
of
the
organization’s
tax
credit
certificates
as
computed
in
subsection
8
.
The
tax
credit
shall
be
claimed
by
use
of
a
tax
credit
certificate
as
provided
in
subsection
7
.
Sec.
33.
Section
422.11S,
subsection
8,
paragraph
a,
subparagraph
(2),
Code
2021,
is
amended
to
read
as
follows:
(2)
(a)
“Total
approved
tax
credits”
means
for
the
2006
House
File
847,
p.
16
calendar
year,
two
million
five
hundred
thousand
dollars,
for
the
2007
calendar
year,
five
million
dollars,
for
calendar
years
beginning
on
or
after
January
1,
2008,
but
before
January
1,
2012,
seven
million
five
hundred
thousand
dollars,
for
calendar
years
beginning
on
or
after
January
1,
2012,
but
before
January
1,
2014,
eight
million
seven
hundred
fifty
thousand
dollars,
for
calendar
years
beginning
on
or
after
January
1,
2014,
but
before
January
1,
2019,
twelve
million
dollars,
and
for
calendar
years
beginning
on
or
after
January
1,
2019,
but
before
January
1,
2020,
thirteen
million
dollars,
and
for
calendar
years
beginning
on
or
after
January
1,
2020,
but
before
January
1,
2022,
fifteen
million
dollars
,
and
for
calendar
years
beginning
on
or
after
January
1,
2022,
twenty
million
dollars
.
(b)
(i)
During
any
calendar
year
beginning
on
or
after
January
1,
2022,
if
the
amount
of
awarded
tax
credits
from
the
preceding
calendar
year
are
equal
to
or
greater
than
ninety
percent
of
the
total
approved
tax
credits
for
the
current
calendar
year,
the
total
approved
tax
credits
for
the
current
calendar
year
shall
equal
the
product
of
ten
percent
multiplied
by
the
total
approved
tax
credits
for
the
current
calendar
year
plus
the
total
approved
tax
credits
for
the
current
calendar
year.
(ii)
If
total
approved
tax
credits
are
recomputed
pursuant
to
subparagraph
subdivision
(i),
the
total
approved
tax
credits
shall
equal
the
previous
total
approved
tax
credits
recomputed
pursuant
to
subparagraph
subdivision
(i)
for
purposes
of
future
recomputations
under
subparagraph
subdivision
(i),
provided
that
the
maximum
total
approved
tax
credits
recomputed
pursuant
to
this
subparagraph
division
(b)
shall
not
exceed
twenty
million
dollars
in
a
calendar
year.
Sec.
34.
RETROACTIVE
APPLICABILITY.
The
following
applies
retroactively
to
January
1,
2021,
for
tax
years
beginning
on
or
after
that
date:
The
section
of
this
division
of
this
Act
amending
section
422.11S,
subsection
1.
DIVISION
IX
CHARTER
SCHOOLS
Sec.
35.
Section
256E.7,
subsections
2A,
3,
and
5,
if
House
File
847,
p.
17
enacted
by
2021
Iowa
Acts,
House
File
813,
are
amended
to
read
as
follows:
2A.
a.
The
governing
board’s
meetings
shall
be
conducted
in
a
manner
that
is
open
to
the
public
and
the
governing
board
shall
be
a
governmental
body
for
purposes
of
chapter
21.
b.
The
governing
board
shall
be
a
government
body
for
purposes
of
chapter
22
and
all
records,
documents,
and
electronic
data
of
the
charter
school
and
of
the
governing
board
shall
be
public
records
and
shall
be
subject
to
the
provisions
of
chapter
22
relating
to
the
examination
of
public
records.
3.
a.
A
charter
school
shall
employ
or
contract
with
teachers
as
defined
in
section
272.1,
who
hold
valid
licenses
with
an
endorsement
for
the
type
of
instruction
or
service
for
which
the
teachers
are
employed
or
under
contract.
b.
The
chief
administrator
of
the
charter
school
shall
be
one
of
the
following:
(1)
An
administrator
who
holds
a
valid
license
under
chapter
272.
(2)
A
teacher
who
holds
a
valid
license
under
chapter
272.
(3)
An
individual
who
holds
an
authorization
to
be
a
charter
school
administrator
issued
by
the
board
of
educational
examiners
under
chapter
272.
The
board
of
educational
examiners
shall
adopt
rules
for
the
issuance
of
such
authorizations
not
later
than
December
31,
2021,
and
such
authorizations
shall
only
be
valid
for
service
or
employment
as
a
charter
school
administrator.
5.
A
charter
school
shall
enroll
an
eligible
student
who
submits
a
timely
application
unless
the
number
of
applications
exceeds
the
capacity
of
a
program,
class,
grade
level,
or
building.
In
this
case,
students
must
be
accepted
by
lot.
Upon
enrollment
of
an
eligible
student,
the
charter
school
shall
notify
the
public
school
district
of
residence
not
later
than
March
1
of
the
preceding
school
year
preceding
the
school
year
of
enrollment
.
Sec.
36.
Section
256E.10,
subsection
2,
if
enacted
by
2021
Iowa
Acts,
House
File
813,
is
amended
to
read
as
follows:
2.
As
part
of
the
charter
school
contract,
the
charter
school
may
be
required
to
shall
submit
an
annual
report
to
House
File
847,
p.
18
assist
the
state
board
in
evaluating
the
charter
school’s
performance
and
compliance
with
the
performance
framework.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
847,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor