Bill Text: IA SF2017 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to education by modifying the duties and authority of certain state and local governmental entities, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-18 - Subcommittee recommends amendment and passage. [SF2017 Detail]
Download: Iowa-2017-SF2017-Introduced.html
Senate File 2017 - Introduced SENATE FILE BY ZAUN A BILL FOR 1 An Act relating to education by modifying the duties and 2 authority of certain state and local governmental entities, 3 and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5512XS (7) 87 md/jh PAG LIN 1 1 DIVISION I 1 2 REPEAL OF DEPARTMENT OF EDUCATION AND 1 3 STATE BOARD OF EDUCATION 1 4 Section 1. NEW SECTION. 256B.16 Transfer of authority and 1 5 duties. 1 6 1. Beginning July 1, 2019, the authority and duties of the 1 7 department of education, the division of special education 1 8 created under section 256B.1, the state board of education, and 1 9 the director of the department of education under this chapter 1 10 shall to the extent feasible be transferred to the appropriate 1 11 area education agency where such special education services 1 12 are being provided. Accordingly, beginning July 1, 2019, all 1 13 references to the department of education or the division of 1 14 special education under this chapter and references to the 1 15 department of education or the division of special education 1 16 under other provisions of law relating to this chapter shall 1 17 mean the applicable area education agency and all references to 1 18 the state board of education or the director of the department 1 19 of education under this chapter or other provisions of law 1 20 relating to this chapter shall mean the board of directors of 1 21 the area education agency and the administrator of the area 1 22 education agency respectively. 1 23 2. Any moneys remaining in any account or fund under the 1 24 control of the department of education at the conclusion 1 25 of the fiscal year beginning July 1, 2018, relative to 1 26 the provisions of this chapter shall be transferred to the 1 27 control of the department of human services for such purposes. 1 28 Notwithstanding section 8.33, the moneys transferred in 1 29 accordance with this subsection shall not revert to the account 1 30 or fund from which appropriated or transferred. 1 31 3. Any contract entered into by the department of education 1 32 relating to the provisions of this chapter in effect at the 1 33 conclusion of the fiscal year beginning July 1, 2018, shall 1 34 continue in full force and effect pending transfer of such 1 35 contracts to the area education agencies. 2 1 4. Any rule, regulation, form, order, or directive 2 2 promulgated by the department of education relative to the 2 3 provisions of this chapter in existence at the conclusion of 2 4 the fiscal year beginning July 1, 2018, shall continue in full 2 5 force and effect. 2 6 5. In regard to updating references and format in the Iowa 2 7 administrative code in order to correspond to the transferring 2 8 of duties of this chapter, the administrative rules coordinator 2 9 and the administrative rules review committee, in consultation 2 10 with the administrative code editor, shall jointly develop a 2 11 schedule for the necessary updating of the Iowa administrative 2 12 code. 2 13 Sec. 2. Section 256C.1, Code 2018, is amended to read as 2 14 follows: 2 15 256C.1 Definitions. 2 16 As used in this chapter: 2 17 1. "Approved local program" means a school district's 2 18 program for four=year=old childrenapproved by the department 2 19 of education to provide high quality preschool instruction. 2 202. "Department" means the department of education.2 213. "Director" means the director of the department of 2 22 education.2 234.2. "Preschool program" means the statewide preschool 2 24 program for four=year=old children created in accordance with 2 25 this chapter. 2 265.3. "School district approved to participate in the 2 27 preschool program" means a school district that meets the 2 28 school district requirements under section 256C.3and has been 2 29 approved by the department to participate in the preschool 2 30 program. 2 316. "State board" means the state board of education.2 32 Sec. 3. Section 256C.2, subsection 2, Code 2018, is amended 2 33 by striking the subsection. 2 34 Sec. 4. Section 256C.3, subsection 2, paragraph a, 2 35 subparagraph (3), Code 2018, is amended to read as follows: 3 1 (3) The individual possesses a bachelor's or graduate 3 2 degree from an accredited college or university with a major 3 3 in early childhood education or other appropriate major 3 4identified in rule by the departmentas determined by the 3 5 school district's board of directors. 3 6 Sec. 5. Section 256C.3, subsection 3, unnumbered paragraph 3 7 1, Code 2018, is amended to read as follows: 3 8The state board shall adopt rules to further define the 3 9 following preschool program requirements which shall be used to 3 10 determine whether or not aEach local program implemented by 3 11 a school district approved to implement the preschool program 3 12qualifies as an approved local programshall address or conform 3 13 with all of the following: 3 14 Sec. 6. Section 256C.3, subsection 3, paragraph e, Code 3 15 2018, is amended to read as follows: 3 16 e. Collaboration with participating families, early care 3 17 providers, and community partners including but not limited to 3 18 early childhood Iowa area boards, head start programs, shared 3 19 visionsand otherprogramsprovided under the auspices of the 3 20 child development coordinating council, licensed child care 3 21 centers, registered child development homes, area education 3 22 agencies, child care resource and referral services provided 3 23 under section 237A.26, early childhood special education 3 24 programs, services funded by Tit. I of the federal Elementary 3 25 and Secondary Education Act of 1965, and family support 3 26 programs. 3 27 Sec. 7. Section 256C.3, subsection 4, Code 2018, is amended 3 28 by striking the subsection and inserting in lieu thereof the 3 29 following: 3 30 4. School district requirements. 3 31 a. Subject to implementation of chapter 28E agreements 3 32 between a school district and community=based providers of 3 33 services to four=year=old children, a four=year=old child who 3 34 is enrolled in a child care center or child development home 3 35 licensed or registered under chapter 237A, or in an existing 4 1 public or private preschool program, shall be eligible for 4 2 services provided by the school district's local preschool 4 3 program. 4 4 b. Professional development for school district preschool 4 5 teachers shall be addressed in the school district's 4 6 professional development plan implemented in accordance with 4 7 section 284.6. 4 8 Sec. 8. Section 256C.3, subsection 5, Code 2018, is amended 4 9 by striking the subsection. 4 10 Sec. 9. Section 256C.4, subsection 1, paragraph d, Code 4 11 2018, is amended to read as follows: 4 12 d. Preschool foundation aid funding shall not be commingled 4 13 with the other state aid payments made under section 257.16 4 14 to a school district and shall be accounted for by the local 4 15 school district separately from the other state aid payments. 4 16 Preschool foundation aid payments made to school districts 4 17 are miscellaneous income for purposes of chapter 257. A 4 18 school district shall maintain a separate listing within its 4 19 budget for preschool foundation aid payments received and 4 20 expenditures made.A school district shall certify to the 4 21 department of education that preschoolPreschool foundation aid 4 22 funding received by the school districtwasshall be used to 4 23 supplement, not supplant, moneys otherwise received and used by 4 24 the school district for preschool programming. 4 25 Sec. 10. Section 256C.4, subsection 2, paragraph b, Code 4 26 2018, is amended to read as follows: 4 27 b. The enrollment count of eligible students shall not 4 28 include a child who is included in the enrollment count 4 29 determined under section 257.6 or a child who is served by 4 30 a program already receiving state or federal funds for the 4 31 purpose of the provision of four=year=old preschool programming 4 32 while the child is being served by the program. Such preschool 4 33 programming includes but is not limited tochild development 4 34 assistance programs provided under chapter 256A,special 4 35 education programs provided under section 256B.9, school ready 5 1 children grant programs and other programs provided under 5 2 chapter 256I, and federal head start programs and the services 5 3 funded by Tit. I of the federal Elementary and Secondary 5 4 Education Act of 1965. 5 5 Sec. 11. Section 256C.5, subsection 2, Code 2018, is amended 5 6 to read as follows: 5 7 2. Preschool foundation aid district amount. 5 8 a. For the initial school year for which a school district 5 9 approved to participate in the preschool programreceives that 5 10 approval andimplements the preschool program, the funding for 5 11 the preschool foundation aid payable to that school district 5 12 shall be paid from the appropriation made for that school year 5 13 in section 256C.6, Code 2011, or in another appropriation 5 14 made for purposes of this chapter. For that school year, the 5 15 preschool foundation aid payable to the school district is 5 16 the product of the regular program state cost per pupil for 5 17 the school year multiplied by sixty percent of the school 5 18 district's eligible student enrollment on the date in the 5 19 school yeardetermined by rule. 5 20 b. For budget years subsequent to the initial school year 5 21 for which a school district approved to participate in the 5 22 preschool programreceives that initial approval andimplements 5 23 the preschool program, the funding for the preschool foundation 5 24 aid payable to that school district shall be paid from the 5 25 appropriation made in section 257.16.Continuation of a 5 26 school district's participation in the preschool program for 5 27 a second or subsequent budget year is subject to the approval 5 28 of the department based upon the school district's compliance 5 29 with accountability provisions and the department's on=site 5 30 review of the school district's implementation of the preschool 5 31 program.5 32 Sec. 12. Section 256C.5, subsection 4, Code 2018, is amended 5 33 by striking the subsection. 5 34 Sec. 13. NEW SECTION. 256F.12 Transfer of authority and 5 35 duties. 6 1 1. Beginning July 1, 2019, the authority and duties of the 6 2 department of education, the state board, and the director of 6 3 the department of education under this chapter, to the extent 6 4 feasible, shall be transferred to the board of directors of 6 5 the community college serving the merged area in which the 6 6 charter school or innovation zone school, or such proposed 6 7 school, is located. Accordingly, beginning July 1, 2019, all 6 8 references to the department of education, the state board of 6 9 education, and the director of the department of education 6 10 under this chapter or other provisions of law relating to this 6 11 chapter shall mean the board of directors of the community 6 12 college serving the merged area in which the charter school or 6 13 innovation zone school, or such proposed school, is located. 6 14 2. Any contract entered into by the department of education 6 15 relating to the provisions of this chapter in effect at the 6 16 conclusion of the fiscal year beginning July 1, 2018, shall 6 17 continue in full force and effect pending transfer of such 6 18 contracts to the appropriate community college board of 6 19 directors. 6 20 3. Any rule, regulation, form, order, or directive 6 21 promulgated by the department of education relative to the 6 22 provisions of this chapter in existence at the conclusion of 6 23 the fiscal year beginning July 1, 2018, shall continue in full 6 24 force and effect. 6 25 Sec. 14. NEW SECTION. 256H.4 Transfer of authority and 6 26 duties. 6 27 1. Beginning July 1, 2019, the authority and duties of the 6 28 department of education and the director of the department 6 29 of education under this chapter shall be transferred to the 6 30 adjutant general of the state. Accordingly, beginning July 1, 6 31 2019, all references to the department of education and the 6 32 director of the department of education under this chapter or 6 33 other provisions of law relating to this chapter shall mean 6 34 adjutant general of the state. 6 35 2. Any contract entered into by the department of education 7 1 relating to the provisions of this chapter in effect at the 7 2 conclusion of the fiscal year beginning July 1, 2018, shall 7 3 continue in full force and effect pending transfer of such 7 4 contracts to the adjutant general of the state. 7 5 3. Any rule, regulation, form, order, or directive 7 6 promulgated by the department of education relative to the 7 7 provisions of this chapter in existence upon conclusion of the 7 8 fiscal year beginning July 1, 2018, shall continue in full 7 9 force and effect. 7 10 Sec. 15. NEW SECTION. 256I.14 Transfer of authority and 7 11 duties. 7 12 1. Beginning July 1, 2019, the authority and duties of the 7 13 department of education and the director of the department 7 14 of education under this chapter shall be transferred to the 7 15 department of management and the director of the department 7 16 of management. Accordingly, beginning July 1, 2019, all 7 17 references to the department of education or the director of 7 18 the department of education under this chapter or under other 7 19 provisions of law relating to this chapter shall mean the 7 20 department of management and the director of the department of 7 21 management. 7 22 2. Any moneys remaining in any account or fund under the 7 23 control of the department of education at the conclusion of the 7 24 fiscal year beginning July 1, 2018, relative to the provisions 7 25 of this chapter shall be transferred to the control of the 7 26 department of management for such purposes. Notwithstanding 7 27 section 8.33, the moneys transferred in accordance with this 7 28 subsection shall not revert to the account or fund from which 7 29 appropriated or transferred. 7 30 3. Any contract entered into by the department of education 7 31 relating to the provisions of this chapter in effect at the 7 32 conclusion of the fiscal year beginning July 1, 2018, shall 7 33 continue in full force and effect pending transfer of such 7 34 contracts to the department of management. 7 35 4. Any rule, regulation, form, order, or directive 8 1 promulgated by the department of education relative to the 8 2 provisions of this chapter in existence at the conclusion of 8 3 the fiscal year beginning July 1, 2018, shall continue in full 8 4 force and effect until amended, repealed, or supplemented by 8 5 affirmative action of the department of management under the 8 6 duties and powers established in this chapter and under the 8 7 procedure established in subsection 5. 8 8 5. In regard to updating references and format in the Iowa 8 9 administrative code in order to correspond to the transferring 8 10 of duties of this chapter, the administrative rules coordinator 8 11 and the administrative rules review committee, in consultation 8 12 with the administrative code editor, shall jointly develop a 8 13 schedule for the necessary updating of the Iowa administrative 8 14 code. 8 15 Sec. 16. NEW SECTION. 257.1A Transfer of authority and 8 16 duties. 8 17 1. Beginning July 1, 2019, the authority and duties of 8 18 the department of education, the state board of education, 8 19 and the director of the department of education under this 8 20 chapter shall be transferred to the department of management 8 21 and the director of the department of management. Accordingly, 8 22 beginning July 1, 2019, all references to the department of 8 23 education under this chapter and references to the department 8 24 of education under other provisions of law relating to this 8 25 chapter shall mean the department of management and all 8 26 references to the state board of education or the director 8 27 of the department of education under this chapter or other 8 28 provisions of law relating to this chapter shall mean the 8 29 director of the department of management. 8 30 2. Any moneys remaining in any account or fund under the 8 31 control of the department of education at the conclusion of the 8 32 fiscal year beginning July 1, 2018, relative to the provisions 8 33 of this chapter shall be transferred to the control of the 8 34 department of management for such purposes. Notwithstanding 8 35 section 8.33, the moneys transferred in accordance with this 9 1 subsection shall not revert to the account or fund from which 9 2 appropriated or transferred. 9 3 3. Any contract entered into by the department of education 9 4 relating to the provisions of this chapter in effect at the 9 5 conclusion of the fiscal year beginning July 1, 2018, shall 9 6 continue in full force and effect pending transfer of such 9 7 contracts to the department of management. 9 8 4. Any rule, regulation, form, order, or directive 9 9 promulgated by the department of education relative to the 9 10 provisions of this chapter in existence at the conclusion of 9 11 the fiscal year beginning July 1, 2018, shall continue in full 9 12 force and effect until amended, repealed, or supplemented by 9 13 affirmative action of the department of management under the 9 14 duties and powers established in this chapter and under the 9 15 procedure established in subsection 5. 9 16 5. In regard to updating references and format in the Iowa 9 17 administrative code in order to correspond to the transferring 9 18 of duties of this chapter, the administrative rules coordinator 9 19 and the administrative rules review committee, in consultation 9 20 with the administrative code editor, shall jointly develop a 9 21 schedule for the necessary updating of the Iowa administrative 9 22 code. 9 23 Sec. 17. Section 257C.5, subsection 1, Code 2018, is amended 9 24 to read as follows: 9 25 1. The powers of the authority are vested in and exercised 9 26 by a board consisting of five members, including the treasurer 9 27 of state,the director of the department of education,and the 9 28 director of the department of management, andtwothree members 9 29 appointed by the governor, subject to confirmation by the 9 30 senate. The state officials may designate representatives to 9 31 serve on the board for them. As far as possible, the governor 9 32 shall appoint members who are knowledgeable or experienced in 9 33 the school systems of this state or in finance. 9 34 Sec. 18. NEW SECTION. 258.19 Transfer of authority and 9 35 duties. 10 1 1. Beginning July 1, 2019, the authority and duties of the 10 2 department of education, the state board of education, and the 10 3 director of the department of education under this chapter 10 4 shall be transferred to the department of workforce development 10 5 and the director of the department of workforce development. 10 6 Accordingly, beginning July 1, 2019, all references to the 10 7 department of education under this chapter and references 10 8 to the department of education under other provisions of 10 9 law relating to this chapter shall mean the department of 10 10 workforce development and all references to the state board 10 11 of education or the director of the department of education 10 12 under this chapter or other provisions of law relating to this 10 13 chapter shall mean the director of the department of workforce 10 14 development. 10 15 2. Any moneys remaining in any account or fund under the 10 16 control of the department of education at the conclusion 10 17 of the fiscal year beginning July 1, 2018, relative to the 10 18 provisions of this chapter shall be transferred to the control 10 19 of the department of workforce development for such purposes. 10 20 Notwithstanding section 8.33, the moneys transferred in 10 21 accordance with this subsection shall not revert to the account 10 22 or fund from which appropriated or transferred. 10 23 3. Any contract entered into by the department of education 10 24 relating to the provisions of this chapter in effect at the 10 25 conclusion of the fiscal year beginning July 1, 2018, shall 10 26 continue in full force and effect pending transfer of such 10 27 contracts to the department of workforce development. 10 28 4. Any rule, regulation, form, order, or directive 10 29 promulgated by the department of education relative to the 10 30 provisions of this chapter in existence at the conclusion of 10 31 the fiscal year beginning July 1, 2018, shall continue in full 10 32 force and effect until amended, repealed, or supplemented by 10 33 affirmative action of the department of workforce development 10 34 under the duties and powers established in this chapter and 10 35 under the procedure established in subsection 5. 11 1 5. In regard to updating references and format in the Iowa 11 2 administrative code in order to correspond to the transferring 11 3 of duties of this chapter, the administrative rules coordinator 11 4 and the administrative rules review committee, in consultation 11 5 with the administrative code editor, shall jointly develop a 11 6 schedule for the necessary updating of the Iowa administrative 11 7 code. 11 8 Sec. 19. NEW SECTION. 259.1A Transfer of authority and 11 9 duties. 11 10 1. Beginning July 1, 2019, the authority and duties of the 11 11 department of education, the state board of education, and the 11 12 director of the department of education under this chapter 11 13 shall be transferred to the department of workforce development 11 14 and the director of the department of workforce development. 11 15 Accordingly, beginning July 1, 2019, all references to the 11 16 department of education under this chapter and references 11 17 to the department of education under other provisions of 11 18 law relating to this chapter shall mean the department of 11 19 workforce development and all references to the state board 11 20 of education or the director of the department of education 11 21 under this chapter or other provisions of law relating to this 11 22 chapter shall mean the director of the department of workforce 11 23 development. 11 24 2. Beginning July 1, 2019, the division of vocational 11 25 rehabilitation services created within the department of 11 26 education under section 259.3 shall be transferred to the 11 27 department of workforce development. 11 28 3. Any moneys remaining in any account or fund under the 11 29 control of the department of education at the conclusion 11 30 of the fiscal year beginning July 1, 2018, relative to the 11 31 provisions of this chapter shall be transferred to the control 11 32 of the department of workforce development for such purposes. 11 33 Notwithstanding section 8.33, the moneys transferred in 11 34 accordance with this subsection shall not revert to the account 11 35 or fund from which appropriated or transferred. 12 1 4. Any contract entered into by the department of education 12 2 relating to the provisions of this chapter in effect at the 12 3 conclusion of the fiscal year beginning July 1, 2018, shall 12 4 continue in full force and effect pending transfer of such 12 5 contracts to the department of workforce development. 12 6 5. Any rule, regulation, form, order, or directive 12 7 promulgated by the department of education relative to the 12 8 provisions of this chapter in existence at the conclusion of 12 9 the fiscal year beginning July 1, 2018, shall continue in full 12 10 force and effect until amended, repealed, or supplemented by 12 11 affirmative action of the department of workforce development 12 12 under the duties and powers established in this chapter and 12 13 under the procedure established in subsection 6. 12 14 6. In regard to updating references and format in the Iowa 12 15 administrative code in order to correspond to the transferring 12 16 of duties of this chapter, the administrative rules coordinator 12 17 and the administrative rules review committee, in consultation 12 18 with the administrative code editor, shall jointly develop a 12 19 schedule for the necessary updating of the Iowa administrative 12 20 code. 12 21 Sec. 20. Section 259A.1, Code 2018, is amended to read as 12 22 follows: 12 23 259A.1 Assessment of competency. 12 24The department of educationEach board of directors of 12 25 the community college serving the merged area shall cause to 12 26 be made available for qualified individuals a high school 12 27 equivalency diploma. The diploma shall be issued on the basis 12 28 of demonstrated competence in all of the following core areas: 12 29 reading, language arts, literacy, mathematics, science, and 12 30 social studies. 12 31 Sec. 21. Section 259A.2, subsections 3, 4, and 5, Code 2018, 12 32 are amended to read as follows: 12 33 3. Application shall be made to a high school equivalency 12 34 program or testing center approved by thedepartment of 12 35 educationboard of directors of the community college serving 13 1 the merged area, accompanied by an application fee in an 13 2 amount prescribed by thedepartmentboard of directors of the 13 3 community college. 13 4 4. Test scores shall be forwarded by the scorer of the 13 5 test to thedepartment of educationboard of directors of the 13 6 community college serving the merged area. 13 7 5. Evidence that an applicant demonstrates competence as 13 8 required under section 259A.1 shall be made available to the 13 9department of educationboard of directors of the community 13 10 college by the high school equivalency program for verification 13 11 purposes. 13 12 Sec. 22. Section 259A.3, Code 2018, is amended to read as 13 13 follows: 13 14 259A.3 Notice and fee. 13 15 Any applicant who has demonstrated competence in the core 13 16 areas under standards adopted by thestate board of education 13 17 pursuant to section 259A.5board of directors of the community 13 18 college shall be issued a high school equivalency diploma by 13 19 thedepartment of educationboard of directors of the community 13 20 college upon payment of an additional amount determinedin 13 21 rules adopted by the state board of educationby the board of 13 22 directors of the community college to cover the actual costs 13 23 of the production and distribution of the diploma.The state 13 24 board of education may also by rule establish a fee for the 13 25 issuance or verification of a transcript which shall be based 13 26 on the actual costs of the production or verification of a 13 27 transcript.13 28 Sec. 23. Section 259A.4, Code 2018, is amended to read as 13 29 follows: 13 30 259A.4 Use of fees. 13 31 The fees collected under the provisions of this chapter 13 32 shall be used for the expenses incurred in administering, 13 33 providing test materials, scoring of examinations and issuance 13 34 of high school equivalency diplomas, and shall be disbursed 13 35 on the authorization of thedirector of the department of 14 1 educationboard of directors of the community college. The 14 2 treasurer of state shall be custodian of the funds paid to the 14 3departmentcommunity college and shall disburse the same on 14 4 vouchers audited as provided by law. The unobligated balance 14 5 in such funds at the close of each biennium shall be placed in 14 6 the general fund of the state. 14 7 Sec. 24. Section 259A.5, Code 2018, is amended to read as 14 8 follows: 14 9 259A.5Rules == dutiesAdministration. 14 101.The director of the department of educationEach board 14 11 of directors of the community college serving the merged area 14 12 shall prescribe assessments, definitions of terms, and forms 14 13 and resources as necessary for the administration of this 14 14 chapter. 14 152. The state board of education shall adopt rules under 14 16 chapter 17A to carry out this chapter. Any rules adopted 14 17 relating to demonstrations of competence for purposes of this 14 18 chapter shall require such demonstrations to be equivalent 14 19 to or of greater rigor than those required for high school 14 20 graduation, and such demonstrations shall include but are 14 21 not limited to a test battery, credit=based measures, and 14 22 attainment of other academic credentials.14 23 Sec. 25. NEW SECTION. 260C.1A Transfer of authority and 14 24 duties. 14 25 1. Beginning July 1, 2019, the authority and duties of the 14 26 department of education, the state board of education, and the 14 27 director of the department of education under this chapter 14 28 shall, to the extent feasible, be transferred to the boards of 14 29 directors of the community colleges serving the merged areas of 14 30 the state. Accordingly, beginning July 1, 2019, all references 14 31 to the department of education, the state board of education, 14 32 and the director of the department of education under this 14 33 chapter and references to the department of education, the 14 34 state board of education, and the director of the department 14 35 of education under other provisions of law relating to this 15 1 chapter shall mean the applicable board of directors of a 15 2 community college. 15 3 2. Beginning July 1, 2019, transfer of the duties and 15 4 authority of the department shall also include all duties and 15 5 authority of the community colleges division created within the 15 6 department of education under section 260C.6. 15 7 3. Any moneys remaining in any account or fund under the 15 8 control of the department of education at the conclusion of the 15 9 fiscal year beginning July 1, 2018, relative to the provisions 15 10 of this chapter shall be transferred to the control of the 15 11 applicable board of directors of a community college for such 15 12 purposes. Notwithstanding section 8.33, the moneys transferred 15 13 in accordance with this subsection shall not revert to the 15 14 account or fund from which appropriated or transferred. 15 15 4. Any contract entered into by the department of education 15 16 relating to the provisions of this chapter in effect at the 15 17 conclusion of the fiscal year beginning July 1, 2018, shall 15 18 continue in full force and effect pending transfer of such 15 19 contracts to the boards of directors of the community colleges. 15 20 5. Any rule, regulation, form, order, or directive 15 21 promulgated by the department of education relative to the 15 22 provisions of this chapter in existence at the conclusion of 15 23 the fiscal year beginning July 1, 2018, shall continue in full 15 24 force and effect. 15 25 Sec. 26. Section 260E.7, subsection 1, Code 2018, is amended 15 26 to read as follows: 15 27 1. The economic development authority, in consultation with 15 28 thedepartment of education, thedepartment of revenue,and 15 29 the department of workforce development, shall coordinate and 15 30 review the new jobs training program. The economic development 15 31 authority shall adopt, amend, and repeal rules under chapter 15 32 17A that the community college will use in developing projects 15 33 with new and expanding industrial new jobs training proposals 15 34 and that the economic development authority shall use to review 15 35 and report on the new jobs training program as required in this 16 1 section. 16 2 Sec. 27. Section 260F.3, subsection 5, Code 2018, is amended 16 3 to read as follows: 16 4 5. Other criteria established by thedepartmentauthority. 16 5 Sec. 28. Section 260F.6B, Code 2018, is amended to read as 16 6 follows: 16 7 260F.6B High technology apprenticeship program. 16 8 The community colleges and the authority are authorized 16 9 to fund high technology apprenticeship programs which comply 16 10 with the requirements specified in section 260C.44 and which 16 11 may include both new and statewide apprenticeship programs. 16 12 Notwithstanding the provisions of section 260F.6, subsection 16 13 2, relating to maximum award amounts, moneys allocated to 16 14 the community colleges with high technology apprenticeship 16 15 programs shall be distributed to the community colleges based 16 16 upon contact hours under the programs administered during the 16 17 prior fiscal year as determined by thedepartment of education 16 18authority. The authority shall adopt rules governing this 16 19 section's operation and participant eligibility. 16 20 Sec. 29. Section 260F.7, Code 2018, is amended to read as 16 21 follows: 16 22 260F.7 Authority to coordinate. 16 23 The authority, in consultation withthe department of 16 24 education andthe department of workforce development, shall 16 25 coordinate the jobs training program. A project shall not be 16 26 funded under this chapter unless the authority approves the 16 27 project. The authority shall adopt rules pursuant to chapter 16 28 17A governing the program's operation and eligibility for 16 29 participation in the program. The authority shall establish 16 30 by rule criteria for determining what constitutes an eligible 16 31 business. 16 32 Sec. 30. Section 260H.2, subsection 1, Code 2018, is amended 16 33 to read as follows: 16 34 1. A pathways for academic career and employment program 16 35 is established to provide funding to community colleges 17 1 for the development of projects in coordination with the 17 2 economic development authority,the department of education,17 3 the department of workforce development, local workforce 17 4 development boards established pursuant to section 84A.4, and 17 5 community partners to implement a simplified, streamlined, and 17 6 comprehensive process, along with customized support services, 17 7 to enable eligible participants to acquire effective academic 17 8 and employment training to secure gainful, quality, in=state 17 9 employment. 17 10 Sec. 31. Section 260H.2, subsection 2, paragraph a, Code 17 11 2018, is amended to read as follows: 17 12 a. A pathways for academic career and employment fund 17 13 is created for the community colleges in the state treasury 17 14 to be administered by thedepartment of educationeconomic 17 15 development authority. The moneys in the pathways for academic 17 16 career and employment fund are appropriated to thedepartment 17 17 of educationeconomic development authority for the pathways 17 18 for academic career and employment program. 17 19 Sec. 32. Section 260H.8, Code 2018, is amended to read as 17 20 follows: 17 21 260H.8 Rules. 17 22 Thedepartment of educationauthority, in consultation with 17 23 the community colleges, the economic development authority,17 24 and the department of workforce development, shall adopt rules 17 25 pursuant to chapter 17A and this chapter to implement the 17 26 provisions of this chapter. Local workforce development boards 17 27 established pursuant to section 84A.4 shall be consulted in the 17 28 development and implementation of rules to be adopted pursuant 17 29 to this chapter. 17 30 Sec. 33. Section 260I.2, subsection 2, paragraph a, Code 17 31 2018, is amended to read as follows: 17 32 a. There is established for the community colleges 17 33 a gap tuition assistance fund in the state treasury to 17 34 be administered by thedepartment of educationeconomic 17 35 development authority. The funds in the gap tuition assistance 18 1 fund are appropriated to thedepartment of educationeconomic 18 2 development authority for the gap tuition assistance program. 18 3 Sec. 34. Section 260I.3, subsection 1, Code 2018, is amended 18 4 to read as follows: 18 5 1. Thedepartment of education, in consultation with the18 6 economic development authority,shall adopt rules pursuant to 18 7 this chapter defining eligibility criteria for persons applying 18 8 to receive tuition assistance under this chapter. 18 9 Sec. 35. Section 260I.10, Code 2018, is amended to read as 18 10 follows: 18 11 260I.10 Oversight. 18 12 1. Thedepartment of educationeconomic development 18 13 authority, in coordination with the community colleges, shall 18 14 establish a steering committee. The steering committee shall 18 15 determine if the performance measures of the gap tuition 18 16 assistance program are being met and shall take necessary steps 18 17 to correct any deficiencies. The steering committee shall meet 18 18 at least quarterly to evaluate and monitor the performance of 18 19 the gap tuition assistance program. 18 20 2. Thedepartment of educationeconomic development 18 21 authority, in coordination with the community colleges, 18 22 shall develop a common intake tracking system that shall be 18 23 implemented consistently by each participating community 18 24 college. 18 25 3. Thedepartment of educationeconomic development 18 26 authority shall coordinate statewide oversight, evaluation, and 18 27 reporting efforts for the gap tuition assistance program. 18 28 Sec. 36. Section 260I.11, Code 2018, is amended to read as 18 29 follows: 18 30 260I.11 Rules. 18 31 Thedepartment of educationeconomic development authority, 18 32 in consultation with theeconomic development authority and the18 33 community colleges, shall adopt rules pursuant to chapter 17A 18 34 and this chapter to implement the provisions of this chapter. 18 35 Sec. 37. Section 261.1, subsection 2, paragraph b, Code 19 1 2018, is amended by striking the paragraph. 19 2 Sec. 38. NEW SECTION. 261.8 Transfer of authority and 19 3 duties. 19 4 1. Beginning July 1, 2019, the authority and duties of the 19 5 department of education, the state board of education, and the 19 6 director of the department of education under this chapter 19 7 shall be transferred to the college student aid commission. 19 8 Accordingly, beginning July 1, 2019, all references to the 19 9 department of education or the director of the department of 19 10 education under this chapter and references to the department 19 11 of education or the director of the department of education 19 12 under other provisions of law relating to this chapter shall 19 13 mean the college student aid commission. 19 14 2. Any moneys remaining in any account or fund under the 19 15 control of the department of education at the conclusion 19 16 of the fiscal year beginning July 1, 2018, relative to the 19 17 provisions of this chapter shall be transferred to the control 19 18 of the college student aid commission for such purposes. 19 19 Notwithstanding section 8.33, the moneys transferred in 19 20 accordance with this subsection shall not revert to the account 19 21 or fund from which appropriated or transferred. 19 22 3. Any contract entered into by the department of education 19 23 relating to the provisions of this chapter in effect at the 19 24 conclusion of the fiscal year beginning July 1, 2018, shall 19 25 continue in full force and effect pending transfer of such 19 26 contracts to the college student aid commission. 19 27 4. Any rule, regulation, form, order, or directive 19 28 promulgated by the department of education relative to the 19 29 provisions of this chapter in existence at the conclusion of 19 30 the fiscal year beginning July 1, 2018, shall continue in full 19 31 force and effect until amended, repealed, or supplemented by 19 32 affirmative action of the college student aid commission under 19 33 the duties and powers established in this chapter and under the 19 34 procedure established in subsection 5. 19 35 5. In regard to updating references and format in the Iowa 20 1 administrative code in order to correspond to the transferring 20 2 of duties of this chapter, the administrative rules coordinator 20 3 and the administrative rules review committee, in consultation 20 4 with the administrative code editor, shall jointly develop a 20 5 schedule for the necessary updating of the Iowa administrative 20 6 code. 20 7 Sec. 39. NEW SECTION. 261E.1A Transfer of authority and 20 8 duties. 20 9 1. Beginning July 1, 2019, the authority and duties of 20 10 the department of education, the state board of education, 20 11 and the director of the department of education under this 20 12 chapter shall be transferred to the state board of regents. 20 13 Accordingly, beginning July 1, 2019, all references to the 20 14 department of education, the state board of education, or the 20 15 director of the department of education under this chapter 20 16 and references to the department of education, state board of 20 17 education, or director of the department of education under 20 18 other provisions of law relating to this chapter shall mean the 20 19 state board of regents. 20 20 2. Any moneys remaining in any account or fund under the 20 21 control of the department of education at the conclusion of the 20 22 fiscal year beginning July 1, 2018, relative to the provisions 20 23 of this chapter shall be transferred to the control of the 20 24 state board of regents for such purposes. Notwithstanding 20 25 section 8.33, the moneys transferred in accordance with this 20 26 subsection shall not revert to the account or fund from which 20 27 appropriated or transferred. 20 28 3. Any contract entered into by the department of education 20 29 relating to the provisions of this chapter in effect at the 20 30 conclusion of the fiscal year beginning July 1, 2018, shall 20 31 continue in full force and effect pending transfer of such 20 32 contracts to the state board of regents. 20 33 4. Any rule, regulation, form, order, or directive 20 34 promulgated by the department of education relative to the 20 35 provisions of this chapter in existence at the conclusion of 21 1 the fiscal year beginning July 1, 2018, shall continue in full 21 2 force and effect until amended, repealed, or supplemented by 21 3 affirmative action of the state board of regents under the 21 4 duties and powers established in this chapter and under the 21 5 procedure established in subsection 5. 21 6 5. In regard to updating references and format in the Iowa 21 7 administrative code in order to correspond to the transferring 21 8 of duties of this chapter, the administrative rules coordinator 21 9 and the administrative rules review committee, in consultation 21 10 with the administrative code editor, shall jointly develop a 21 11 schedule for the necessary updating of the Iowa administrative 21 12 code. 21 13 Sec. 40. Section 262.9, subsection 27, Code 2018, is amended 21 14 to read as follows: 21 15 27. Explore, in conjunction with the department 21 16 of education,the need for coordination between school 21 17 districts, area education agencies, state board of regents 21 18 institutions, and community colleges for purposes of delivery 21 19 of courses, use of telecommunications, transportation, and 21 20 other similar issues. Coordination may include but is not 21 21 limited to coordination of calendars, programs, schedules, or 21 22 telecommunications emissions. The state board shall develop 21 23 recommendations as necessary, which shall be submitted in a 21 24 report to the general assembly on a timely basis. 21 25 Sec. 41. Section 262.9, subsection 33, unnumbered paragraph 21 26 1, Code 2018, is amended to read as follows: 21 27In consultation with the state board of education, establish 21 28Establish and enter into a collective statewide articulation 21 29 agreement with the community colleges established pursuant to 21 30 chapter 260C, which shall provide for the seamless transfer 21 31 of academic credits from a completed associate of arts or 21 32 associate of science degree program offered by a community 21 33 college to a baccalaureate degree program offered by an 21 34 institution of higher education governed by the board. The 21 35 board shall also do the following: 22 1 Sec. 42. Section 262.9, subsection 33, paragraph i, Code 22 2 2018, is amended to read as follows: 22 3 i. Prepare, jointly withthe department of education and22 4 the liaison advisory committee on transfer students, and submit 22 5 by January 15 annually to the general assembly, an update on 22 6 the articulation efforts and activities implemented by the 22 7 community colleges and the institutions of higher education 22 8 governed by the board. 22 9 Sec. 43. Section 262.71, subsection 9, Code 2018, is amended 22 10 by striking the subsection. 22 11 Sec. 44. Section 272.1, subsection 4, Code 2018, is amended 22 12 by striking the subsection. 22 13 Sec. 45. NEW SECTION. 272.1A Transfer of authority and 22 14 duties. 22 15 1. Beginning July 1, 2019, the authority and duties of the 22 16 department of education, the state board of education, and the 22 17 director of the department of education under this chapter 22 18 shall be transferred to the board of educational examiners. 22 19 Accordingly, beginning July 1, 2019, all references to the 22 20 department of education, the state board of education, or the 22 21 director of the department of education under this chapter 22 22 and references to the department of education, state board of 22 23 education, or director of the department of education under 22 24 other provisions of law relating to this chapter shall mean the 22 25 board of educational examiners. 22 26 2. Any moneys remaining in any account or fund under the 22 27 control of the department of education at the conclusion 22 28 of the fiscal year beginning July 1, 2018, relative to the 22 29 provisions of this chapter shall be transferred to the control 22 30 of the board of educational examiners for such purposes. 22 31 Notwithstanding section 8.33, the moneys transferred in 22 32 accordance with this subsection shall not revert to the account 22 33 or fund from which appropriated or transferred. 22 34 3. Any contract entered into by the department of education 22 35 relating to the provisions of this chapter in effect at the 23 1 conclusion of the fiscal year beginning July 1, 2018, shall 23 2 continue in full force and effect pending transfer of such 23 3 contracts to the board of educational examiners. 23 4 Sec. 46. Section 272.3, subsection 1, unnumbered paragraph 23 5 1, Code 2018, is amended to read as follows: 23 6 The board of educational examiners consists of twelve 23 7 members. Two must be members of the general public, one 23 8 must be the director of the department of education or the 23 9 director's designee,and the remainingnineten members must be 23 10 licensed practitioners. One of the public members shall have 23 11 served on a school board. The public members shall never have 23 12 held a practitioner's license, but shall have a demonstrated 23 13 interest in education. Thenineten practitioners shall be 23 14 selected from the following areas and specialties of the 23 15 teaching profession: 23 16 Sec. 47. Section 272.3, subsection 2, Code 2018, is amended 23 17 to read as follows: 23 18 2. A majority of the licensed practitioner members shall 23 19 be nonadministrative practitioners. Four of the members shall 23 20 be administrators. Membership of the board shall comply with 23 21 the requirements of sections 69.16 and 69.16A. A quorum of the 23 22 board shall consist of six members. Members shall elect a 23 23 chairperson of the board. Members, except for the director of 23 24 the department of education or the director's designee,shall 23 25 be appointed by the governor subject to confirmation by the 23 26 senate. 23 27 Sec. 48. Section 272.4, subsection 1, unnumbered paragraph 23 28 1, Code 2018, is amended to read as follows: 23 29 Members, except for the director of the department of 23 30 education or the director's designee,shall be appointed to 23 31 serve staggered terms of four years. A member shall not serve 23 32 more than two consecutive terms, except for the director of the 23 33 department of education or the director's designee, who shall 23 34 serve until the director's term of office expires. A member of 23 35 the board, except for the two public membersand the director 24 1 of the department of education or the director's designee, 24 2 shall hold a valid practitioner's license during the member's 24 3 term of office. A vacancy exists when any of the following 24 4 occur: 24 5 Sec. 49. Section 272.25, subsections 3, 4, and 8, Code 2018, 24 6 are amended to read as follows: 24 7 3. A requirement that the program include instruction 24 8 in skills and strategies to be used in classroom management 24 9 of individuals, and of small and large groups, under 24 10 varying conditions;, skills for communicating and working 24 11 constructively with pupils, teachers, administrators, and 24 12 parents;, preparation in reading theory, knowledge, strategies, 24 13 and approaches, and for integrating literacy instruction 24 14 into content areas in accordance with section 256.16; and 24 15 skills for understanding the role of the board of education 24 16 and the functions of other education agencies in the state. 24 17 The requirement shall be based upon recommendations of the 24 18 department of education after consultation with teacher 24 19 education faculty members in colleges and universities. 24 20 4. A requirement that prescribes minimum experiences and 24 21 responsibilities to be accomplished during the student teaching 24 22 experience by the student teacher and by the cooperating 24 23 teacherbased upon recommendations of the department of 24 24 education after consultation with teacher education faculty 24 25 members in colleges and universities. The student teaching 24 26 experience shall include opportunities for the student 24 27 teacher to become knowledgeable about the Iowa teaching 24 28 standards, including a mock evaluation performed by the 24 29 cooperating teacher. The mock evaluation shall not be used as 24 30 an assessment tool by the practitioner preparation program. 24 31 The student teaching experience shall consist of interactive 24 32 experiences involving the college or university personnel, the 24 33 student teacher, the cooperating teacher, and administrative 24 34 personnel from the cooperating teacher's school district. 24 35 8. A requirement that an approved practitioner preparation 25 1 institution submit evidence that the collegeor department of 25 2 educationis communicating with other colleges or departments 25 3 in the institution so that practitioner preparation students 25 4 may integrate teaching methodology with subject matter areas 25 5 of specialization. 25 6 Sec. 50. NEW SECTION. 273.1A Transfer of authority and 25 7 duties. 25 8 1. Beginning July 1, 2019, the authority and duties of 25 9 the department of education, the state board of education, 25 10 and the director of the department of education under this 25 11 chapter shall, to the extent feasible, be transferred to the 25 12 area education agency boards of directors in this state. 25 13 Accordingly, beginning July 1, 2019, all references to the 25 14 department of education, the state board of education, and the 25 15 director of the department of education under this chapter and 25 16 references to the department of education, the state board of 25 17 education, and the director of the department of education 25 18 under other provisions of law relating to this chapter shall 25 19 mean the applicable area education agency board of directors. 25 20 2. Any rule, regulation, form, order, or directive 25 21 promulgated by the department of education relative to the 25 22 provisions of this chapter in existence at the conclusion of 25 23 the fiscal year beginning July 1, 2018, shall continue in full 25 24 force and effect. 25 25 Sec. 51. Section 273.2, subsection 5, unnumbered paragraph 25 26 1, Code 2018, is amended to read as follows: 25 27 The area education agency board may provide for the 25 28 following programs and services to local school districts, and 25 29 at the request of local school districts to providers of child 25 30 development services who have received grants under chapter 25 31 256A from the child development coordinating council,within 25 32 the limits of funds available: 25 33 Sec. 52. NEW SECTION. 274.1A Transfer of authority and 25 34 duties. 25 35 1. Beginning July 1, 2019, the authority and duties of the 26 1 department of education and the director of the department of 26 2 education under this chapter shall, to the extent feasible, be 26 3 transferred to the area education agency boards of directors 26 4 in this state. Accordingly, beginning July 1, 2019, all 26 5 references to the department of education and the director of 26 6 the department of education under this chapter and references 26 7 to the department of education and the director of the 26 8 department of education under other provisions of law relating 26 9 to this chapter shall mean the applicable area education agency 26 10 board of directors. 26 11 2. Any rule, regulation, form, order, or directive 26 12 promulgated by the department of education or the director 26 13 of the department of education relative to the provisions of 26 14 this chapter in existence at the conclusion of the fiscal 26 15 year beginning July 1, 2018, shall continue in full force and 26 16 effect. 26 17 Sec. 53. NEW SECTION. 275.1A Transfer of authority and 26 18 duties. 26 19 1. Beginning July 1, 2019, the authority and duties of 26 20 the department of education, the state board of education, 26 21 and the director of the department of education under this 26 22 chapter shall, to the extent feasible, be transferred to the 26 23 area education agency boards of directors in this state. 26 24 Accordingly, beginning July 1, 2019, all references to the 26 25 department of education, the state board of education, and the 26 26 director of the department of education under this chapter and 26 27 references to the department of education, the state board of 26 28 education, and the director of the department of education 26 29 under other provisions of law relating to this chapter shall 26 30 mean the applicable area education agency board of directors. 26 31 2. Any rule, regulation, form, order, or directive 26 32 promulgated by the department of education, the state board 26 33 of education, or the director of the department of education 26 34 relative to the provisions of this chapter in existence at the 26 35 conclusion of the fiscal year beginning July 1, 2018, shall 27 1 continue in full force and effect. 27 2 Sec. 54. Section 276.3, subsections 5 and 9, Code 2018, are 27 3 amended by striking the subsections. 27 4 Sec. 55. Section 279.51, subsection 1, unnumbered paragraph 27 5 1, Code 2018, is amended to read as follows: 27 6 There is appropriated from the general fund of the state 27 7 to the department ofeducationmanagement for the fiscal year 27 8 beginning July 1, 2007, and each succeeding fiscal year, the 27 9 sum of twelve million six hundred six thousand one hundred 27 10 ninety=six dollars. The moneys shall be allocated as follows: 27 11 Sec. 56. Section 279.51, subsection 1, paragraphs b and d, 27 12 Code 2018, are amended by striking the paragraphs. 27 13 Sec. 57. Section 279.51, subsection 2, Code 2018, is amended 27 14 by striking the subsection. 27 15 Sec. 58. NEW SECTION. 279.70 Transfer of authority and 27 16 duties. 27 17 1. Beginning July 1, 2019, the authority and duties of 27 18 the department of education, the state board of education, 27 19 and the director of the department of education under this 27 20 chapter, to the extent feasible, shall be transferred to the 27 21 boards of directors for the respective school districts in the 27 22 state. Accordingly, beginning July 1, 2019, all references to 27 23 the department of education, the state board of education, and 27 24 the director of the department of education under this chapter 27 25 and references to the department of education, the state board 27 26 of education, and the director of the department of education 27 27 under other provisions of law relating to this chapter shall 27 28 mean the applicable board of directors of the school district. 27 29 2. Any rule, regulation, form, order, or directive 27 30 promulgated by the department of education, the state board 27 31 of education, or the director of the department of education 27 32 relative to the provisions of this chapter in existence at the 27 33 conclusion of the fiscal year beginning July 1, 2018, shall 27 34 continue in full force and effect. 27 35 Sec. 59. NEW SECTION. 280.1A Transfer of authority and 28 1 duties. 28 2 1. Beginning July 1, 2019, the authority and duties of 28 3 the department of education, the state board of education, 28 4 and the director of the department of education under this 28 5 chapter, to the extent feasible, shall be transferred to the 28 6 boards of directors for the respective school districts in the 28 7 state. Accordingly, beginning July 1, 2019, all references to 28 8 the department of education, the state board of education, and 28 9 the director of the department of education under this chapter 28 10 and references to the department of education, the state board 28 11 of education, and the director of the department of education 28 12 under other provisions of law relating to this chapter shall 28 13 mean the applicable board of directors of the school district. 28 14 2. Any rule, regulation, form, order, or directive 28 15 promulgated by the department of education, the state board 28 16 of education, or the director of the department of education 28 17 relative to the provisions of this chapter in existence at the 28 18 conclusion of the fiscal year beginning July 1, 2018, shall 28 19 continue in full force and effect. 28 20 Sec. 60. NEW SECTION. 282.1A Transfer of authority and 28 21 duties. 28 22 1. Beginning July 1, 2019, the authority and duties of 28 23 the department of education, the state board of education, 28 24 and the director of the department of education under this 28 25 chapter, to the extent feasible, shall be transferred to the 28 26 boards of directors for the respective school districts in the 28 27 state. Accordingly, beginning July 1, 2019, all references to 28 28 the department of education, the state board of education, and 28 29 the director of the department of education under this chapter 28 30 and references to the department of education, the state board 28 31 of education, and the director of the department of education 28 32 under other provisions of law relating to this chapter shall 28 33 mean the applicable board of directors of the school district. 28 34 2. Any rule, regulation, form, order, or directive 28 35 promulgated by the department of education, the state board 29 1 of education, or the director of the department of education 29 2 relative to the provisions of this chapter in existence at the 29 3 conclusion of the fiscal year beginning July 1, 2018, shall 29 4 continue in full force and effect. 29 5 Sec. 61. Section 282.18, subsections 5 and 13, Code 2018, 29 6 are amended to read as follows: 29 7 5. Open enrollment applications filed after March 1 29 8 of the preceding school year that do not qualify for good 29 9 cause as provided in subsection 4 shall be subject to the 29 10 approval of the board of the resident district and the board 29 11 of the receiving district. The parent or guardian shall send 29 12 notification to the district of residence and the receiving 29 13 district that the parent or guardian seeks to enroll the 29 14 parent's or guardian's child in the receiving district.A 29 15 decision of either board to deny an application filed under 29 16 this subsection involving repeated acts of harassment of the 29 17 student or serious health condition of the student that the 29 18 resident district cannot adequately address is subject to 29 19 appeal under section 290.1. The state board shall exercise 29 20 broad discretion to achieve just and equitable results that are 29 21 in the best interest of the affected child or children.29 22 13. If a request under this section is for transfer to a 29 23 laboratory school, as described in chapter 265, the student, 29 24 who is the subject of the request, shall not be included in 29 25 the basic enrollment of the student's district of residence, 29 26 and the laboratory school shall report the enrollment of the 29 27 student directly to the department ofeducationmanagement, 29 28 unless the number of students from the district attending the 29 29 laboratory school during the current school year, as a result 29 30 of open enrollment under this section, exceeds the number of 29 31 students enrolled in the laboratory school from that district 29 32 during the 1989=1990 school year. If the number of students 29 33 enrolled in the laboratory school from a district during the 29 34 current year exceeds the number of students enrolled from that 29 35 district during the 1989=1990 school year, those students who 30 1 represent the difference between the current and the 1988=1989 30 2 school year enrollment figures shall be included in the basic 30 3 enrollment of the students' districts of residence and the 30 4 districts shall retain any moneys received as a result of the 30 5 inclusion of the student in the district enrollment. The total 30 6 number of students enrolled at a laboratory school during a 30 7 school year shall not exceed six hundred seventy students. The 30 8 regents institution operating the laboratory school and the 30 9 board of directors of the school district in the community 30 10 in which the regents institution is located shall develop 30 11 a student transfer policy designed to protect and promote 30 12 the quality and integrity of the teacher education program 30 13 at the laboratory school, the viability of the education 30 14 program of the local school district in which the regents 30 15 institution is located, and to indicate the order in which and 30 16 reasons why requests to transfer to a laboratory school shall 30 17 be considered. A laboratory school may deny a request for 30 18 transfer under the policy.A denial of a request to transfer 30 19 under this subsection is not subject to appeal under section 30 20 290.1.30 21 Sec. 62. Section 282.18, subsection 15, Code 2018, is 30 22 amended by striking the subsection. 30 23 Sec. 63. Section 283.1, Code 2018, is amended to read as 30 24 follows: 30 25 283.1 Federal funds accepted. 30 26 The director of the department ofeducationmanagement 30 27 is the "state educational authority" for the purpose of 30 28 accepting and administering funds appropriated by Congress for 30 29 educational purposes and the funds shall be deposited with the 30 30 treasurer of state and disbursed through the department of 30 31 administrative services on vouchers audited as provided by law. 30 32 When state matching funds are required as a condition to the 30 33 acceptance of federal funds, the director of the department 30 34 ofeducationmanagement may make expenditures for matching 30 35 only from funds provided by the legislature for that purpose. 31 1 However, when federal funds may be matched with expenditures 31 2 from funds appropriated for the general operation of the 31 3 department ofeducationmanagement, this may be done with the 31 4 approval of the legislative council. 31 5 Sec. 64. NEW SECTION. 283A.1A Transfer of authority and 31 6 duties. 31 7 1. Beginning July 1, 2019, the authority and duties of 31 8 the department of education, the state board of education, 31 9 and the director of the department of education under this 31 10 chapter, to the extent feasible, shall be transferred to the 31 11 boards of directors for the respective school districts in the 31 12 state. Accordingly, beginning July 1, 2019, all references to 31 13 the department of education, the state board of education, and 31 14 the director of the department of education under this chapter 31 15 and references to the department of education, the state board 31 16 of education, and the director of the department of education 31 17 under other provisions of law relating to this chapter shall 31 18 mean the applicable board of directors of the school district. 31 19 2. Any rule, regulation, form, order, or directive 31 20 promulgated by the department of education, the state board 31 21 of education, or the director of the department of education 31 22 relative to the provisions of this chapter in existence at the 31 23 conclusion of the fiscal year beginning July 1, 2018, shall 31 24 continue in full force and effect. 31 25 Sec. 65. Section 283A.3, Code 2018, is amended to read as 31 26 follows: 31 27 283A.3 Expenditure of federal funds. 31 28 The director of the department ofeducationmanagement shall 31 29 accept and direct the disbursement of funds appropriated by any 31 30 Act of Congress and appropriated to the state of Iowa for use 31 31 in connection with school breakfast or lunch programs. The 31 32 director shall deposit the funds with the treasurer of the 31 33 state of Iowa, who shall make disbursements upon the direction 31 34 of the director. 31 35 Sec. 66. NEW SECTION. 284.1A Transfer of authority and 32 1 duties. 32 2 1. Beginning July 1, 2019, the authority and duties of 32 3 the department of education, the state board of education, 32 4 and the director of the department of education under this 32 5 chapter, to the extent feasible, shall be transferred to the 32 6 boards of directors for the respective school districts in the 32 7 state. Accordingly, beginning July 1, 2019, all references to 32 8 the department of education, the state board of education, and 32 9 the director of the department of education under this chapter 32 10 and references to the department of education, the state board 32 11 of education, and the director of the department of education 32 12 under other provisions of law relating to this chapter shall 32 13 mean the applicable board of directors of the school district. 32 14 2. Any rule, regulation, form, order, or directive 32 15 promulgated by the department of education, the state board 32 16 of education, or the director of the department of education 32 17 relative to the provisions of this chapter in existence at the 32 18 conclusion of the fiscal year beginning July 1, 2018, shall 32 19 continue in full force and effect. 32 20 Sec. 67. NEW SECTION. 284A.1A Transfer of authority and 32 21 duties. 32 22 1. Beginning July 1, 2019, the authority and duties of 32 23 the department of education, the state board of education, 32 24 and the director of the department of education under this 32 25 chapter, to the extent feasible, shall be transferred to the 32 26 boards of directors for the respective school districts in the 32 27 state. Accordingly, beginning July 1, 2019, all references to 32 28 the department of education, the state board of education, and 32 29 the director of the department of education under this chapter 32 30 and references to the department of education, the state board 32 31 of education, and the director of the department of education 32 32 under other provisions of law relating to this chapter shall 32 33 mean the applicable board of directors of the school district. 32 34 2. Any rule, regulation, form, order, or directive 32 35 promulgated by the department of education, the state board 33 1 of education, or the director of the department of education 33 2 relative to the provisions of this chapter in existence at the 33 3 conclusion of the fiscal year beginning July 1, 2018, shall 33 4 continue in full force and effect. 33 5 Sec. 68. NEW SECTION. 285.7 Transfer of authority and 33 6 duties. 33 7 1. Beginning July 1, 2019, the authority and duties of 33 8 the department of education, the state board of education, 33 9 and the director of the department of education under this 33 10 chapter, to the extent feasible, shall be transferred to the 33 11 boards of directors for the respective school districts in the 33 12 state. Accordingly, beginning July 1, 2019, all references to 33 13 the department of education, the state board of education, and 33 14 the director of the department of education under this chapter 33 15 and references to the department of education, the state board 33 16 of education, and the director of the department of education 33 17 under other provisions of law relating to this chapter shall 33 18 mean the applicable board of directors of the school district. 33 19 2. Any rule, regulation, form, order, or directive 33 20 promulgated by the department of education, the state board 33 21 of education, or the director of the department of education 33 22 relative to the provisions of this chapter in existence at the 33 23 conclusion of the fiscal year beginning July 1, 2018, shall 33 24 continue in full force and effect. 33 25 Sec. 69. Section 291.11, Code 2018, is amended to read as 33 26 follows: 33 27 291.11 Officers reported. 33 28 The secretary shall report to the director of the department 33 29 ofeducationmanagement, the county auditor, and county 33 30 treasurer the name and post office address of the president, 33 31 treasurer and secretary of the board as soon as practicable 33 32 after the qualification of each. 33 33 Sec. 70. NEW SECTION. 292.1A Transfer of authority and 33 34 duties. 33 35 1. Beginning July 1, 2019, the authority and duties of the 34 1 department of education under this chapter shall be transferred 34 2 to the department of revenue. Accordingly, beginning July 1, 34 3 2019, all references to the department of education under this 34 4 chapter and references to the department of education under 34 5 other provisions of law relating to this chapter shall mean the 34 6 department of revenue. 34 7 2. Any moneys remaining in any account or fund under the 34 8 control of the department of education at the conclusion of the 34 9 fiscal year beginning July 1, 2018, relative to the provisions 34 10 of this chapter shall be transferred to the control of the 34 11 department of revenue for such purposes. Notwithstanding 34 12 section 8.33, the moneys transferred in accordance with this 34 13 subsection shall not revert to the account or fund from which 34 14 appropriated or transferred. 34 15 3. Any contract entered into by the department of education 34 16 relating to the provisions of this chapter in effect at the 34 17 conclusion of the fiscal year beginning July 1, 2018, shall 34 18 continue in full force and effect pending transfer of such 34 19 contracts to the department of revenue. 34 20 4. Any rule, regulation, form, order, or directive 34 21 promulgated by the department of education relative to the 34 22 provisions of this chapter in existence at the conclusion of 34 23 the fiscal year beginning July 1, 2018, shall continue in full 34 24 force and effect until amended, repealed, or supplemented by 34 25 affirmative action of the department of revenue under the 34 26 duties and powers established in this chapter and under the 34 27 procedure established in subsection 5. 34 28 5. In regard to updating references and format in the Iowa 34 29 administrative code in order to correspond to the transferring 34 30 of duties of this chapter, the administrative rules coordinator 34 31 and the administrative rules review committee, in consultation 34 32 with the administrative code editor, shall jointly develop a 34 33 schedule for the necessary updating of the Iowa administrative 34 34 code. 34 35 Sec. 71. Section 294.5, Code 2018, is amended to read as 35 1 follows: 35 2 294.5 Reports. 35 3 The teacher shall file with the school superintendentand 35 4 the director of the department of educationsuch reports and in 35 5 such manner as may be required. 35 6 Sec. 72. Section 296.3, Code 2018, is amended to read as 35 7 follows: 35 8 296.3 Election called. 35 9 Within ten days of receipt of a petition filed under section 35 10 296.2, the president of the board of directors shall call a 35 11 meeting of the board. The meeting shall be held within thirty 35 12 days after the petition was received. At the meeting, the 35 13 board shall call the election, fixing the time of the election, 35 14 which may be at the time and place of holding the regular 35 15 school election. However, if the board determines by unanimous 35 16 vote that the proposition or propositions requested by a 35 17 petition to be submitted at an election are grossly unrealistic 35 18 or contrary to the needs of the school district, no election 35 19 shall be called. If more than one petition has been received 35 20 by the time the board meets to consider the petition triggering 35 21 the meeting, the board shall act upon the petitions in the 35 22 order they were received at the meeting called to consider the 35 23 initial petition.The decision of the board may be appealed to 35 24 the state board of education as provided in chapter 290.The 35 25 president shall notify the county commissioner of elections of 35 26 the time of the election. 35 27 Sec. 73. NEW SECTION. 297.37 Transfer of authority and 35 28 duties. 35 29 1. Beginning July 1, 2019, the authority and duties of the 35 30 department of education and the director of the department 35 31 of education under this chapter shall be transferred to the 35 32 department of administrative services and the director of the 35 33 department of administrative services. Accordingly, beginning 35 34 July 1, 2019, all references to the department of education 35 35 and the director of the department of education under this 36 1 chapter and references to the department of education and the 36 2 director of the department of education under other provisions 36 3 of law relating to this chapter shall mean the department of 36 4 administrative services or the director of the department of 36 5 administrative services. 36 6 2. Any rule, regulation, form, order, or directive 36 7 promulgated by the department of education or the director 36 8 of the department of education relative to the provisions of 36 9 this chapter in existence at the conclusion of the fiscal 36 10 year beginning July 1, 2018, shall continue in full force and 36 11 effect. 36 12 Sec. 74. Section 298A.2, subsection 2, paragraph d, Code 36 13 2018, is amended to read as follows: 36 14 d. Expenditures from the flexibility account shall be 36 15 approved by resolution of the board of directors of the school 36 16 corporation and shall be included in the budget certified in 36 17 accordance with chapter 24. Before the board of directors 36 18 may adopt the resolution approving expenditures from the 36 19 flexibility account, the board shall hold a public hearing on 36 20 the proposed resolution. The proposed resolution must state 36 21 the original source and purpose of the funds, the proposed use 36 22 of such funds, the amount of the proposed expenditure, and 36 23 the fiscal year from which the transfer of such funds to the 36 24 flexibility account occurred. The proposed resolution must 36 25 also include a certification that the statutory requirements 36 26 for each original source of the money proposed to be used have 36 27 been met, have been repealed, or are no longer in effect. The 36 28 board shall publish notice of the time and the place of the 36 29 public hearing in the same manner as required in section 24.9. 36 30The department of education shall prescribe the form for public 36 31 hearing notices.A copy of the resolution shall beprovided 36 32 by the board to the department of education and shall bemade 36 33 available by the board for any audit performed under chapter 36 34 11. 36 35 Sec. 75. Section 298A.2, subsection 2, paragraph e, Code 37 1 2018, is amended by striking the paragraph. 37 2 Sec. 76. Section 298A.8, subsection 1, Code 2018, is amended 37 3 to read as follows: 37 4 1. The student activity fund is a special revenue fund. 37 5 A student activity fund must be established in any school 37 6 corporation receiving money from student=related activities 37 7 such as admissions, activity fees, student dues, student 37 8 fund=raising events, or other student=related cocurricular or 37 9 extracurricular activities. Moneys in this fund shall be used 37 10 to support only the cocurricular programdefined in department 37 11 of education administrative rules. 37 12 Sec. 77. NEW SECTION. 299.25 Transfer of authority and 37 13 duties. 37 14 1. Beginning July 1, 2019, the authority and duties of 37 15 the department of education, the state board of education, 37 16 and the director of the department of education under this 37 17 chapter, to the extent feasible, shall be transferred to the 37 18 boards of directors for the respective school districts in the 37 19 state. Accordingly, beginning July 1, 2019, all references to 37 20 the department of education, the state board of education, and 37 21 the director of the department of education under this chapter 37 22 and references to the department of education, the state board 37 23 of education, and the director of the department of education 37 24 under other provisions of law relating to this chapter shall 37 25 mean the applicable board of directors of the school district. 37 26 2. Any rule, regulation, form, order, or directive 37 27 promulgated by the department of education, the state board 37 28 of education, or the director of the department of education 37 29 relative to the provisions of this chapter in existence at the 37 30 conclusion of the fiscal year beginning July 1, 2018, shall 37 31 continue in full force and effect. 37 32 Sec. 78. NEW SECTION. 299A.1A Transfer of authority and 37 33 duties. 37 34 1. Beginning July 1, 2019, the authority and duties of 37 35 the department of education, the state board of education, 38 1 and the director of the department of education under this 38 2 chapter, to the extent feasible, shall be transferred to the 38 3 boards of directors for the respective school districts in the 38 4 state. Accordingly, beginning July 1, 2019, all references to 38 5 the department of education, the state board of education, and 38 6 the director of the department of education under this chapter 38 7 and references to the department of education, the state board 38 8 of education, and the director of the department of education 38 9 under other provisions of law relating to this chapter shall 38 10 mean the applicable board of directors of the school district. 38 11 2. Any rule, regulation, form, order, or directive 38 12 promulgated by the department of education, the state board 38 13 of education, or the director of the department of education 38 14 relative to the provisions of this chapter in existence at the 38 15 conclusion of the fiscal year beginning July 1, 2018, shall 38 16 continue in full force and effect. 38 17 Sec. 79. NEW SECTION. 301.1A Transfer of authority and 38 18 duties. 38 19 1. Beginning July 1, 2019, the authority and duties of 38 20 the department of education, the state board of education, 38 21 and the director of the department of education under this 38 22 chapter, to the extent feasible, shall be transferred to the 38 23 boards of directors for the respective school districts in the 38 24 state. Accordingly, beginning July 1, 2019, all references to 38 25 the department of education, the state board of education, and 38 26 the director of the department of education under this chapter 38 27 and references to the department of education, the state board 38 28 of education, and the director of the department of education 38 29 under other provisions of law relating to this chapter shall 38 30 mean the applicable board of directors of the school district. 38 31 2. Any rule, regulation, form, order, or directive 38 32 promulgated by the department of education, the state board 38 33 of education, or the director of the department of education 38 34 relative to the provisions of this chapter in existence at the 38 35 conclusion of the fiscal year beginning July 1, 2018, shall 39 1 continue in full force and effect. 39 2 Sec. 80. REPEAL. Chapters 256, 256A, 256G, and 290, Code 39 3 2018, are repealed. 39 4 Sec. 81. REPEAL. Sections 260C.6, 276.4, and 291.10, Code 39 5 2018, are repealed. 39 6 Sec. 82. EFFECTIVE DATE. This division of this Act takes 39 7 effect July 1, 2019. 39 8 DIVISION II 39 9 CORRESPONDING AMENDMENTS LEGISLATION 39 10 Sec. 83. CORRESPONDING AMENDMENTS LEGISLATION. Additional 39 11 legislation is required to fully implement division I of this 39 12 Act. The director of the department of education shall, in 39 13 compliance with section 2.16, prepare draft legislation for 39 14 submission to the legislative services agency, as necessary, 39 15 to implement the transition and elimination of authority and 39 16 duties under division I of this Act and to implement the 39 17 transition and elimination of authority and duties under other 39 18 provisions of law including but not limited to the duties and 39 19 authority of the department of education, the state board of 39 20 education, the director of the department of education, and any 39 21 division, commission, or subunit of such entities or offices 39 22 under chapters 7A, 7E, 8A, 8B, 8D, 8F, 11, 12, 15, 15H, 16, 19B, 39 23 22, 48A, 68B, 73, 80E, 84A, 85, 96, 99B, 125, 135, 139A, 141A, 39 24 142A, 154B, 154F, 161A, 190A, 216A, 218, 225C, 232, 234, 237, 39 25 237A, 237C, 239B, 241, 249A, 257, 261B, 321, 321J, 322, 350, 39 26 423E, 423F, 455A, 455E, 473, 514I, 714, and 904. 39 27 EXPLANATION 39 28 The inclusion of this explanation does not constitute agreement with 39 29 the explanation's substance by the members of the general assembly. 39 30 This bill relates to education by modifying the duties and 39 31 authority of certain state and local governmental entities. 39 32 Division I of the bill repeals Code chapter 256, which 39 33 establishes the department of education, establishes the office 39 34 of the director of the department of education, establishes 39 35 the state board of education, specifies certain educational 40 1 standards, establishes various education programs, establishes 40 2 certain councils and entities within the department of 40 3 education, includes provisions relating to the participation in 40 4 extracurricular activities, establishes the division of library 40 5 services, includes the library compact, and establishes the 40 6 public broadcasting division. 40 7 Division I of the bill also amends and repeals other chapters 40 8 of the Code relating to education to transition the duties and 40 9 authority of the department of education, the director of the 40 10 department of education, and the state board of education to 40 11 other specified local and state governmental entities beginning 40 12 July 1, 2019. 40 13 Division I of the bill takes effect July 1, 2019. 40 14 Division II of the bill provides that additional legislation 40 15 is required to fully implement division I of the bill and 40 16 requires the director of the department of education to 40 17 prepare draft legislation for submission to the legislative 40 18 services agency, as necessary, to implement the transition 40 19 and elimination of authority and duties under division I of 40 20 the bill and to implement the transition and elimination of 40 21 authority and duties under other provisions of law including 40 22 but not limited to the duties and authority of the department 40 23 of education, the state board of education, the director of 40 24 the department of education, and any division, commission, 40 25 or subunit of such entities or offices under specified Code 40 26 chapters. LSB 5512XS (7) 87 md/jh
