Bill Text: IA HSB11 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to the duties and authority of the state board of education and the department of education, to the programs and activities under the purview of the state board and the department, and providing for properly related matters affecting school districts.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-02-26 - Voted - Education. [HSB11 Detail]
Download: Iowa-2015-HSB11-Introduced.html
House
Study
Bill
11
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
EDUCATION
BILL)
A
BILL
FOR
An
Act
relating
to
the
duties
and
authority
of
the
state
1
board
of
education
and
the
department
of
education,
to
the
2
programs
and
activities
under
the
purview
of
the
state
board
3
and
the
department,
and
providing
for
properly
related
4
matters
affecting
school
districts.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
1125XD
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_____
H.F.
_____
Section
1.
Section
256.7,
subsection
15,
Code
2015,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
256.9,
subsections
26,
27,
36,
40,
54,
and
3
59,
Code
2015,
are
amended
by
striking
the
subsections.
4
Sec.
3.
Section
257.1,
subsection
2,
paragraph
c,
Code
2015,
5
is
amended
by
striking
the
paragraph.
6
Sec.
4.
Section
257.14,
Code
2015,
is
amended
by
striking
7
the
section
and
inserting
in
lieu
thereof
the
following:
8
257.14
Budget
adjustment.
9
1.
For
the
budget
year
commencing
July
1,
2013,
and
10
succeeding
budget
years,
a
district
shall
be
eligible
for
a
11
budget
adjustment
in
an
amount
equal
to
the
difference
between
12
the
regular
program
district
cost
for
the
budget
year
and
one
13
hundred
one
percent
of
the
regular
program
district
cost
for
14
the
base
year.
15
2.
The
board
of
directors
of
a
school
district
that
wishes
16
to
receive
a
budget
adjustment
pursuant
to
this
subsection
17
shall
adopt
by
May
15,
annually,
a
resolution
to
receive
the
18
budget
adjustment
and
shall
notify
the
department
of
management
19
of
the
adoption
of
the
resolution
and
the
amount
of
the
budget
20
adjustment
to
be
received.
21
Sec.
5.
Section
282.8,
Code
2015,
is
amended
to
read
as
22
follows:
23
282.8
Attending
school
outside
state.
24
1.
The
boards
of
directors
of
school
districts
located
25
near
the
state
boundaries
may
designate
schools
of
equivalent
26
standing
across
the
state
line
for
attendance
of
both
27
elementary
and
high
secondary
school
pupils
when
the
public
28
school
in
the
adjoining
state
is
nearer
than
any
appropriate
29
public
school
in
a
pupil’s
district
of
residence
or
in
Iowa.
30
Distance
shall
be
measured
by
the
nearest
traveled
public
31
road.
Arrangements
shall
be
subject
to
reciprocal
agreements
32
made
between
the
chief
state
school
officers
of
the
respective
33
states.
Notwithstanding
section
282.1
,
arrangements
between
34
districts
pursuant
to
the
reciprocal
agreements
made
under
35
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this
section
shall
establish
tuition
and
transportation
1
fees
in
an
amount
acceptable
to
the
affected
boards,
but
the
2
tuition
and
transportation
fees
fee
established
shall
not
be
3
less
than
the
lower
average
cost
per
pupil
of
the
tuition
4
fee
established
pursuant
to
section
282.24
for
the
school
5
district
or
the
equivalent
tuition
rate
for
the
non-Iowa
school
6
district
for
the
previous
school
year,
and
the
transportation
7
fee
established
shall
not
be
less
than
the
lower
average
8
transportation
cost
per
mile
for
yellow
school
buses
as
9
described
in
section
321.373
for
the
previous
school
year
10
of
the
two
affected
school
districts.
For
the
purpose
of
11
this
section
average
cost
per
pupil
for
the
previous
school
12
year
is
determined
by
dividing
the
district’s
operating
13
expenditures
for
the
previous
school
year
by
the
number
of
14
children
enrolled
in
the
district
in
the
previous
school
year
15
on
the
date
specified
in
section
257.6,
subsection
1
.
If
the
16
tuition
fee
for
the
school
district
in
the
adjoining
state
is
a
17
variable
rate,
the
test
of
which
tuition
fee
is
lower
shall
be
18
determined
for
each
student.
19
2.
A
person
attending
school
in
another
state
pursuant
20
to
this
section
shall
continue
to
be
treated
as
a
pupil
of
21
the
district
of
residence
in
the
apportionment
of
the
current
22
school
fund
and
the
payment
of
state
aid
for
state
school
23
foundation
aid
purposes
under
section
257.6
.
24
3.
Notwithstanding
the
tuition
provisions
of
subsection
25
1,
the
tuition
fee
established
for
a
child
requiring
special
26
education
shall
be
equal
to
the
actual
cost
of
the
special
27
education
instructional
program
provided
to
that
child
under
28
the
child’s
individualized
education
program.
29
4.
If
the
chief
state
school
officers
of
the
respective
30
states
have
not
entered
into
a
reciprocal
agreement
under
31
section
282.7,
subsection
3,
or
the
agreement
has
expired
32
or
been
terminated,
or
the
distance
to
the
public
school
in
33
the
adjoining
state
is
not
nearer
than
an
appropriate
public
34
school
in
the
pupil’s
district
of
residence
or
an
appropriate
35
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public
school
in
Iowa,
the
pupil
attending
school
outside
the
1
state
shall
not
be
considered
a
resident
child
for
purposes
2
of
tuition
payments
to
the
receiving
district
and
shall
not
3
be
treated
as
a
pupil
of
the
district
of
residence
for
state
4
school
foundation
aid
purposes
under
section
257.6.
5
5.
The
whole
grade
sharing
provisions
of
sections
282.10
6
through
282.12
and
the
open
enrollment
provisions
of
section
7
282.18
shall
not
apply
to
agreements
made
between
districts
8
under
this
section.
9
Sec.
6.
Section
282.10,
subsection
4,
Code
2015,
is
amended
10
to
read
as
follows:
11
4.
A
whole
grade
sharing
agreement
shall
be
signed
by
the
12
boards
of
the
districts
involved
in
the
agreement
not
later
13
than
February
1
of
the
school
year
preceding
the
school
year
14
for
which
the
agreement
is
to
take
effect.
The
boards
of
15
the
districts
shall
negotiate
as
part
of
the
new
or
existing
16
agreement
the
disposition
of
funding
provided
under
chapter
284
17
except
for
the
following:
18
a.
Funding
for
the
beginning
teacher
mentoring
and
induction
19
programs
pursuant
to
section
284.13,
subsection
1,
paragraph
20
“b”
.
21
b.
The
teacher
leadership
supplement
state
cost
per
pupil
as
22
provided
in
section
257.9,
unless
all
of
the
districts
subject
23
to
the
agreement
are
receiving
such
funding.
24
c.
Teacher
leadership
supplemental
aid
payments
as
provided
25
in
section
284.13,
subsection
1,
paragraph
“e”
,
unless
all
26
of
the
districts
subject
to
the
agreement
are
receiving
such
27
payments.
This
paragraph
“c”
is
repealed
June
30,
2018.
28
Sec.
7.
Section
282.12,
subsection
4,
Code
2015,
is
amended
29
to
read
as
follows:
30
4.
The
number
of
pupils
participating
in
a
whole
grade
31
sharing
agreement
shall
be
determined
on
the
date
specified
in
32
section
257.6,
subsection
1
,
and
on
the
third
second
Friday
of
33
February
January
of
each
year.
34
Sec.
8.
Section
282.18,
subsection
7,
Code
2015,
is
amended
35
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to
read
as
follows:
1
7.
A
pupil
participating
in
open
enrollment
shall
be
2
counted,
for
state
school
foundation
aid
purposes,
in
the
3
pupil’s
district
of
residence.
A
pupil’s
residence,
for
4
purposes
of
this
section
,
means
a
residence
under
section
5
282.1
.
The
board
of
directors
of
the
district
of
residence
6
shall
pay
to
the
receiving
district
the
sum
of
the
state
cost
7
per
pupil
for
the
previous
school
year
,
and
plus
the
teacher
8
leadership
supplement
state
cost
per
pupil
for
the
previous
9
fiscal
year
as
provided
in
section
257.9
,
or
the
teacher
10
leadership
supplement
foundation
aid
for
the
previous
fiscal
11
year
as
provided
in
section
284.13,
subsection
1,
paragraph
“e”
,
12
if
both
the
district
of
residence
and
the
receiving
district
13
are
receiving
such
supplements,
plus
any
moneys
received
for
14
the
pupil
as
a
result
of
the
non-English
speaking
weighting
15
under
section
280.4,
subsection
3
,
for
the
previous
school
16
year
multiplied
by
the
state
cost
per
pupil
for
the
previous
17
year.
If
the
pupil
participating
in
open
enrollment
is
also
18
an
eligible
pupil
under
section
261E.6
,
the
receiving
district
19
shall
pay
the
tuition
reimbursement
amount
to
an
eligible
20
postsecondary
institution
as
provided
in
section
261E.7
.
21
Sec.
9.
Section
282.18,
subsection
9,
paragraph
c,
Code
22
2015,
is
amended
to
read
as
follows:
23
c.
Quarterly
payments
On
or
before
February
15
and
July
15
24
of
each
year,
the
receiving
district
shall
bill
the
resident
25
district.
Payments
shall
be
made
by
the
district
of
residence
26
to
the
receiving
district
in
a
timely
manner
.
27
Sec.
10.
Section
284.12,
Code
2015,
is
amended
to
read
as
28
follows:
29
284.12
Reports
——
rules
Rules
.
30
1.
The
department
shall
annually
report
the
statewide
31
progress
on
the
following:
32
a.
Student
achievement
scores
in
mathematics
and
reading
at
33
the
fourth
and
eighth
grade
levels
on
a
district-by-district
34
basis
as
reported
to
the
local
communities
pursuant
to
section
35
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H.F.
_____
256.7,
subsection
21
,
paragraph
“c”
.
1
b.
Evaluator
training
program.
2
c.
Changes
and
improvements
in
the
evaluation
of
teachers
3
under
the
Iowa
teaching
standards.
4
2.
The
report
shall
be
made
available
to
the
chairpersons
5
and
ranking
members
of
the
senate
and
house
committees
on
6
education,
the
deans
of
the
colleges
of
education
at
approved
7
practitioner
preparation
institutions
in
this
state,
the
8
state
board,
the
governor,
and
school
districts
by
January
1.
9
School
districts
shall
provide
information
as
required
by
the
10
department
for
the
compilation
of
the
report
and
for
accounting
11
and
auditing
purposes.
12
3.
In
developing
administrative
rules
for
consideration
by
13
the
state
board,
the
department
shall
consult
with
stakeholders
14
who
might
reasonably
be
affected
by
the
proposed
rule,
15
including
persons
representing
teachers,
administrators,
school
16
boards,
approved
practitioner
preparation
institutions,
and
17
other
appropriate
education
stakeholders.
18
Sec.
11.
Section
282.24,
subsection
1,
paragraph
a,
Code
19
2015,
is
amended
to
read
as
follows:
20
a.
The
maximum
tuition
fee
that
may
be
charged
for
21
elementary
and
high
secondary
school
students
residing
22
within
another
school
district
or
corporation
except
students
23
attending
school
in
another
district
under
section
282.7,
24
subsection
1
or
3
,
is
the
district
cost
per
pupil
of
the
25
receiving
district
as
computed
in
section
257.10
.
26
Sec.
12.
Section
282.24,
subsection
2,
Code
2015,
is
amended
27
by
striking
the
subsection.
28
Sec.
13.
REPEAL.
Sections
256.19,
279.38A,
279.55,
279.56,
29
and
279.57,
Code
2015,
are
repealed.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
makes
statutory
changes
affecting
the
duties
and
34
authority
of
the
state
board
of
education
and
the
department
of
35
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10
S.F.
_____
H.F.
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education,
repeals
certain
programs,
and
modifies
or
eliminates
1
provisions
relating
to
certain
programs
and
activities
under
2
the
purview
of
the
state
board
and
the
department.
3
CERTAIN
DIRECTOR’S
DUTIES
STRICKEN.
The
bill
strikes
from
4
Code
section
256.9,
which
provides
for
the
duties
of
the
5
director
of
the
department
of
education,
provisions
which
6
require
the
director
to
cause
to
be
printed
in
book
form,
every
7
four
years,
all
school
laws
in
force
and
any
amendments
or
8
changes
in
school
laws,
along
with
other
information
which
may
9
aid
school
officers;
to
develop
a
model
written
publications
10
code
for
the
regulation
of
time,
place,
and
manner
of
student
11
expression;
and
to
submit
to
the
general
assembly
an
annual
12
report
regarding
the
activities,
findings,
and
student
progress
13
under
the
core
curriculum,
as
well
as
an
annual
report
on
the
14
necessity
of
waiving
statutory
obligations
for
school
districts
15
in
the
event
of
a
disaster.
16
BUDGET
GUARANTEE
LANGUAGE.
The
bill
amends
Code
section
17
257.14
to
strike
obsolete
language
relating
to
the
budget
18
guarantee.
19
ATTENDING
SCHOOL
OUTSIDE
THE
STATE.
The
bill
makes
a
number
20
of
changes
to
Code
section
282.8.
The
Code
section
authorizes
21
the
boards
of
directors
of
school
districts
located
near
the
22
state
boundaries
to
designate
schools
of
equivalent
standing
23
across
the
state
line
for
attendance
of
pupils,
to
establish
24
reciprocal
agreements
between
such
districts,
and
to
establish
25
tuition
and
transportation
fees
in
an
amount
acceptable
to
the
26
affected
boards.
27
Currently,
Code
section
282.8
provides
that
tuition
and
28
transportation
fees
shall
not
be
less
than
the
lower
average
29
cost
per
pupil
for
the
previous
school
year
of
the
two
30
affected
school
districts.
The
bill
amends
the
provision
to
31
establish
that
the
tuition
fee
for
students
not
requiring
32
special
education
shall
not
be
less
than
the
lower
of
the
33
tuition
fee
established
pursuant
to
Code
section
282.24
for
34
students
attending
school
outside
the
district
of
residence
or
35
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_____
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the
equivalent
tuition
rate
for
the
non-Iowa
school
district
1
for
the
previous
school
year,
and
the
transportation
fee
2
established
shall
not
be
less
than
the
lower
average
cost
per
3
mile
for
yellow
school
buses
for
the
previous
school
year
of
4
the
two
affected
school
districts.
The
bill
also
provides
that
5
if
the
tuition
fee
for
the
school
district
in
the
adjoining
6
state
is
a
variable
rate,
the
test
of
which
tuition
fee
is
7
lower
shall
be
determined
for
each
student.
For
students
8
requiring
special
education,
the
bill
provides
that
the
tuition
9
fee
shall
be
equal
to
the
actual
cost
of
the
special
education
10
instructional
program
provided
to
that
child
under
the
child’s
11
individualized
education
program.
12
If
there
is
no
agreement
between
districts,
or
if
the
13
distance
requirements
are
not
met,
the
bill
provides
that
the
14
tuition
limitations
of
Code
section
282.1
shall
not
apply,
15
and
a
student
attending
school
in
the
other
state
shall
not
16
be
treated
as
a
pupil
of
the
district
of
residence
in
Iowa
17
for
purposes
of
tuition
payments
to
the
receiving
district
18
or
for
purposes
of
the
school
aid
formula.
The
bill
further
19
establishes
that
an
agreement
reached
under
Code
section
282.8
20
does
not
qualify
as
a
whole
grade
sharing
agreement
and
the
21
open
enrollment
provisions
do
not
apply
to
such
an
agreement.
22
WHOLE
GRADE
SHARING
AGREEMENTS.
Whole
grade
sharing
23
is
a
procedure
used
by
school
districts
in
which
all
or
a
24
substantial
portion
of
the
pupils
in
any
grade
in
two
or
25
more
school
districts
share
an
educational
program
for
all
26
or
a
substantial
portion
of
a
school
day
under
a
written
27
agreement.
Currently,
the
boards
of
the
school
districts
28
participating
in
the
agreement
must
negotiate,
as
part
of
29
the
new
or
existing
agreement,
the
disposition
of
funding
30
provided
under
Code
chapter
284,
the
student
achievement
and
31
teacher
quality
program.
The
bill
provides
exemptions
from
32
the
disposition
negotiation
requirement
relating
to
beginning
33
teacher
mentoring
and
induction
funds;
the
teacher
leadership
34
supplement
state
cost
per
pupil,
unless
all
of
the
districts
35
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subject
to
the
agreement
are
receiving
such
funding;
and
the
1
teacher
leadership
supplemental
aid
payments,
unless
all
2
districts
subject
to
the
agreement
are
receiving
such
funding.
3
Because
the
funding
for
the
teacher
leadership
supplemental
aid
4
payments
is
scheduled
to
end
with
the
2016-2017
fiscal
year,
5
the
bill
repeals
the
relevant
provision
June
30,
2018.
6
The
bill
also
changes,
from
the
third
Friday
of
February
to
7
the
second
Friday
of
January
of
each
year,
the
second
of
two
8
dates
used
to
determine
the
number
of
pupils
participating
in
a
9
whole
grade
sharing
agreement.
10
OPEN
ENROLLMENT
PAYMENTS.
In
addition
to
other
statutory
11
requirements
for
open
enrollment
payments,
the
bill
provides
12
that
the
board
of
directors
of
the
district
of
residence
13
must
pay
to
the
receiving
district
the
teacher
leadership
14
supplement
state
cost
per
pupil
for
the
previous
fiscal
year
15
or
the
teacher
leadership
supplement
foundation
aid
for
the
16
previous
fiscal
year
if
both
the
district
of
residence
and
the
17
receiving
district
are
receiving
such
supplements.
Such
a
18
limitation
currently
exists
in
Code
section
284.13,
subsection
19
1,
paragraph
“e”,
regarding
the
teacher
leadership
supplement
20
foundation
aid.
Currently,
the
district
of
residence
must
pay
21
to
the
receiving
district
the
teacher
leadership
supplement
22
state
cost
per
pupil
for
the
previous
fiscal
year
whether
23
or
not
both
districts
are
receiving
the
teacher
leadership
24
supplement
state
cost
per
pupil.
25
Currently,
a
district
of
residence
must
make
quarterly
26
payments
to
the
receiving
district.
Under
the
bill,
the
27
receiving
district
must
bill
the
district
of
residence
28
biannually,
and
the
district
of
residence
must
make
payments
29
in
a
timely
manner.
30
STATEWIDE
PROGRESS
REPORTS.
Currently,
the
department
of
31
education
must
make
an
annual
report
to
the
general
assembly
32
on
statewide
progress
in
student
achievement
on
mathematics
33
and
reading
at
the
fourth
and
eighth
grades,
on
the
evaluator
34
training
program,
and
on
changes
and
improvements
in
teacher
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evaluations.
The
bill
eliminates
that
reporting
requirement.
1
STUDENT
ACHIEVEMENT
AND
TEACHER
QUALITY
PROGRAM.
Currently,
2
in
developing
administrative
rules
for
consideration
by
the
3
state
board
of
education,
the
department
must
consult
with
4
persons
representing
teachers,
administrators,
school
boards,
5
approved
practitioner
preparation
institutions,
and
other
6
appropriate
education
stakeholders.
The
bill
provides
that
the
7
department
must
consult
stakeholders
when
those
stakeholders
8
might
reasonably
be
affected
by
the
proposed
rule.
9
TERMINOLOGY
CHANGES.
Code
sections
282.8
and
282.24
are
10
amended
to
replace
references
to
“elementary
and
high
school”
11
with
the
term
“elementary
and
secondary
school”.
Definitions
12
for
junior
high
school
and
high
school
are
also
stricken
from
13
Code
section
282.24.
14
REPEALS.
The
bill
repeals
the
following:
15
1.
TEACHER
EXCHANGE
PROGRAM.
The
teacher
exchange
program
16
was
enacted
in
1991,
contingent
on
an
appropriation
of
moneys
17
by
the
general
assembly,
to
permit
school
districts
to
exchange
18
licensed
instructional
personnel
with
other
districts
in
order
19
to
promote
the
exchange
and
enhancement
of
instructional
20
methods
and
materials
and
encourage
the
educational
development
21
of
Iowa’s
teachers.
The
bill
eliminates
the
provisions
22
relating
to
the
teacher
exchange
program,
including
provisions
23
directing
the
state
board
to
adopt
rules
to
administer
the
24
program,
directing
the
director
of
the
department
of
education
25
to
administer
the
program,
establishing
the
program,
and
26
providing
for
participation
in
the
program
by
school
districts
27
and
teachers.
28
2.
PILOT
PROJECTS
TO
IMPROVE
INSTRUCTIONAL
PROGRAMS.
When
29
first
enacted
in
1987,
the
provision
was
part
of
a
program
30
to
offer
incentives
to
school
districts
that
established
31
pilot
projects
to
utilize
a
modified
block
schedule
for
32
offering
classes
in
the
districts
and
sharing
the
certificated
33
instructional
personnel.
Implementation
by
the
department
34
of
education
is
dependent
on
whether
the
general
assembly
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H.F.
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appropriates
funding
for
the
pilot
projects.
1
3.
SCHOOL
BOARD
ORGANIZATIONS.
A
provision
that
allows
2
school
district
board
members
and
school
administrators
to
3
join,
pay
dues
to,
and
participate
in
local,
regional,
and
4
national
organizations
which
directly
relate
to
the
functions
5
of
the
board
of
directors.
The
language
included
reporting
6
requirements
for
the
boards
and
for
those
organizations
that
7
administer
or
distribute
federal
education
grants
and
open
8
meetings
and
public
records
requirements.
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