Bill Text: IA SF230 | 2015-2016 | 86th 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, establishing an education savings grant program and fund, making appropriations, providing penalties, and including effective date and applicability provisions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-02-16 - Subcommittee, Dvorsky, Quirmbach, and Zaun. S.J. 301. [SF230 Detail]
Download: Iowa-2015-SF230-Introduced.html
Senate File 230 - Introduced SENATE FILE BY ZAUN and CHELGREN A BILL FOR 1 An Act relating to education by modifying the duties and 2 authority of certain state and local governmental entities, 3 establishing an education savings grant program and fund, 4 making appropriations, providing penalties, and including 5 effective date and applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1801XS (20) 86 md/sc 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, 2016, 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, 2016, 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, 2015, 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, 2015, 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, 2015, 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 2015, 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 2015, is amended 2 33 by striking the subsection. 2 34 Sec. 4. Section 256C.3, subsection 2, paragraph a, 2 35 subparagraph (3), Code 2015, 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 2015, 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 2015, 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 2015, 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 2015, is amended 4 9 by striking the subsection. 4 10 Sec. 9. Section 256C.4, subsection 1, paragraph d, Code 4 11 2015, 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 2015, 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 2015, 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 2015, 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, 2016, 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, 2016, 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, 2015, 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, 2015, 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, 2016, 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 2016, 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, 2015, 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, 2015, 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, 2016, 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, 2016, 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, 2015, 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, 2015, 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, 2015, 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. Section 257C.5, subsection 1, Code 2015, is amended 8 16 to read as follows: 8 17 1. The powers of the authority are vested in and exercised 8 18 by a board consisting of five members, including the treasurer 8 19 of state,the director of the department of education,and the 8 20 director of the department of management, andtwothree members 8 21 appointed by the governor, subject to confirmation by the 8 22 senate. The state officials may designate representatives to 8 23 serve on the board for them. As far as possible, the governor 8 24 shall appoint members who are knowledgeable or experienced in 8 25 the school systems of this state or in finance. 8 26 Sec. 17. NEW SECTION. 258.18 Transfer of authority and 8 27 duties. 8 28 1. Beginning July 1, 2016, the authority and duties of the 8 29 department of education, the state board of education, and the 8 30 director of the department of education under this chapter 8 31 shall be transferred to the department of workforce development 8 32 and the director of the department of workforce development. 8 33 Accordingly, beginning July 1, 2016, all references to the 8 34 department of education under this chapter and references 8 35 to the department of education under other provisions of 9 1 law relating to this chapter shall mean the department of 9 2 workforce development and all references to the state board 9 3 of education or the director of the department of education 9 4 under this chapter or other provisions of law relating to this 9 5 chapter shall mean the director of the department of workforce 9 6 development. 9 7 2. Any moneys remaining in any account or fund under the 9 8 control of the department of education at the conclusion 9 9 of the fiscal year beginning July 1, 2015, relative to the 9 10 provisions of this chapter shall be transferred to the control 9 11 of the department of workforce development for such purposes. 9 12 Notwithstanding section 8.33, the moneys transferred in 9 13 accordance with this subsection shall not revert to the account 9 14 or fund from which appropriated or transferred. 9 15 3. Any contract entered into by the department of education 9 16 relating to the provisions of this chapter in effect at the 9 17 conclusion of the fiscal year beginning July 1, 2015, shall 9 18 continue in full force and effect pending transfer of such 9 19 contracts to the department of workforce development. 9 20 4. Any rule, regulation, form, order, or directive 9 21 promulgated by the department of education relative to the 9 22 provisions of this chapter in existence at the conclusion of 9 23 the fiscal year beginning July 1, 2015, shall continue in full 9 24 force and effect until amended, repealed, or supplemented by 9 25 affirmative action of the department of workforce development 9 26 under the duties and powers established in this chapter and 9 27 under the procedure established in subsection 5. 9 28 5. In regard to updating references and format in the Iowa 9 29 administrative code in order to correspond to the transferring 9 30 of duties of this chapter, the administrative rules coordinator 9 31 and the administrative rules review committee, in consultation 9 32 with the administrative code editor, shall jointly develop a 9 33 schedule for the necessary updating of the Iowa administrative 9 34 code. 9 35 Sec. 18. NEW SECTION. 259.1A Transfer of authority and 10 1 duties. 10 2 1. Beginning July 1, 2016, the authority and duties of the 10 3 department of education, the state board of education, and the 10 4 director of the department of education under this chapter 10 5 shall be transferred to the department of workforce development 10 6 and the director of the department of workforce development. 10 7 Accordingly, beginning July 1, 2016, all references to the 10 8 department of education under this chapter and references 10 9 to the department of education under other provisions of 10 10 law relating to this chapter shall mean the department of 10 11 workforce development and all references to the state board 10 12 of education or the director of the department of education 10 13 under this chapter or other provisions of law relating to this 10 14 chapter shall mean the director of the department of workforce 10 15 development. 10 16 2. Beginning July 1, 2016, the division of vocational 10 17 rehabilitation services created within the department of 10 18 education under section 259.3 shall be transferred to the 10 19 department of workforce development. 10 20 3. Any moneys remaining in any account or fund under the 10 21 control of the department of education at the conclusion 10 22 of the fiscal year beginning July 1, 2015, relative to the 10 23 provisions of this chapter shall be transferred to the control 10 24 of the department of workforce development for such purposes. 10 25 Notwithstanding section 8.33, the moneys transferred in 10 26 accordance with this subsection shall not revert to the account 10 27 or fund from which appropriated or transferred. 10 28 4. Any contract entered into by the department of education 10 29 relating to the provisions of this chapter in effect at the 10 30 conclusion of the fiscal year beginning July 1, 2015, shall 10 31 continue in full force and effect pending transfer of such 10 32 contracts to the department of workforce development. 10 33 5. Any rule, regulation, form, order, or directive 10 34 promulgated by the department of education relative to the 10 35 provisions of this chapter in existence at the conclusion of 11 1 the fiscal year beginning July 1, 2015, shall continue in full 11 2 force and effect until amended, repealed, or supplemented by 11 3 affirmative action of the department of workforce development 11 4 under the duties and powers established in this chapter and 11 5 under the procedure established in subsection 6. 11 6 6. In regard to updating references and format in the Iowa 11 7 administrative code in order to correspond to the transferring 11 8 of duties of this chapter, the administrative rules coordinator 11 9 and the administrative rules review committee, in consultation 11 10 with the administrative code editor, shall jointly develop a 11 11 schedule for the necessary updating of the Iowa administrative 11 12 code. 11 13 Sec. 19. Section 259A.1, Code 2015, is amended to read as 11 14 follows: 11 15 259A.1 Tests. 11 16The department of educationEach board of directors of 11 17 the community college serving the merged area shall cause to 11 18 be made available for qualified individuals a high school 11 19 equivalency diploma. The diploma shall be issued on the basis 11 20 of satisfactory competence as shown by tests covering all of 11 21 the following: reading, language arts, literacy, mathematics, 11 22 science, and social studies. 11 23 Sec. 20. Section 259A.2, unnumbered paragraph 2, Code 2015, 11 24 is amended to read as follows: 11 25 Application shall be made to a testing center approved 11 26 by thedepartment of educationboard of directors of the 11 27 community college serving the merged area, accompanied by an 11 28 application fee in an amount prescribed by thedepartmentboard 11 29 of directors of the community college. The test scores shall 11 30 be forwarded by the scorer of the test to thedepartmentboard 11 31 of directors of the community college. 11 32 Sec. 21. Section 259A.3, Code 2015, is amended to read as 11 33 follows: 11 34 259A.3 Notice and fee. 11 35 Any applicant who has achieved the minimum passing standards 12 1 as established by thedepartment, and approved by the state 12 2 board,board of directors of the community college shall be 12 3 issued a high school equivalency diplomaby the departmentupon 12 4 payment of an additional amount determinedin rules adopted by 12 5 the state board of educationby the board to cover the actual 12 6 costs of the production and distribution of the diploma.The 12 7 state board of education may also by rule establish a fee for 12 8 the issuance or verification of a transcript which shall be 12 9 based on the actual costs of the production or verification of 12 10 a transcript.12 11 Sec. 22. Section 259A.4, Code 2015, is amended to read as 12 12 follows: 12 13 259A.4 Use of fees. 12 14 The fees collected under the provisions of this chapter 12 15 shall be used for the expenses incurred in administering, 12 16 providing test materials, scoring of examinations and issuance 12 17 of high school equivalency diplomas, and shall be disbursed 12 18 on the authorization of thedirector of the department of 12 19 educationboard of directors of the community college. The 12 20 treasurer of state shall be custodian of the funds paid to the 12 21departmentcommunity college and shall disburse the same on 12 22 vouchers audited as provided by law. The unobligated balance 12 23 in such funds at the close of each biennium shall be placed in 12 24 the general fund of the state. 12 25 Sec. 23. Section 259A.5, Code 2015, is amended to read as 12 26 follows: 12 27 259A.5 Rules. 12 28The director of the department of educationEach board 12 29 of directors of the community college shall adopt tests, 12 30 definitions of terms, and forms as necessary for the 12 31 administration of this chapter.The state board shall adopt 12 32 rules under chapter 17A to carry out this chapter.12 33 Sec. 24. NEW SECTION. 260C.1A Transfer of authority and 12 34 duties. 12 35 1. Beginning July 1, 2016, the authority and duties of the 13 1 department of education, the state board of education, and the 13 2 director of the department of education under this chapter 13 3 shall, to the extent feasible, be transferred to the boards of 13 4 directors of the community colleges serving the merged areas of 13 5 the state. Accordingly, beginning July 1, 2016, all references 13 6 to the department of education, the state board of education, 13 7 and the director of the department of education under this 13 8 chapter and references to the department of education, the 13 9 state board of education, and the director of the department 13 10 of education under other provisions of law relating to this 13 11 chapter shall mean the applicable board of directors of a 13 12 community college. 13 13 2. Beginning July 1, 2016, transfer of the duties and 13 14 authority of the department shall also include all duties and 13 15 authority of the community colleges division created within the 13 16 department of education under section 260C.6. 13 17 3. Any moneys remaining in any account or fund under the 13 18 control of the department of education at the conclusion of the 13 19 fiscal year beginning July 1, 2015, relative to the provisions 13 20 of this chapter shall be transferred to the control of the 13 21 applicable board of directors of a community college for such 13 22 purposes. Notwithstanding section 8.33, the moneys transferred 13 23 in accordance with this subsection shall not revert to the 13 24 account or fund from which appropriated or transferred. 13 25 4. Any contract entered into by the department of education 13 26 relating to the provisions of this chapter in effect at the 13 27 conclusion of the fiscal year beginning July 1, 2015, shall 13 28 continue in full force and effect pending transfer of such 13 29 contracts to the boards of directors of the community colleges. 13 30 5. Any rule, regulation, form, order, or directive 13 31 promulgated by the department of education relative to the 13 32 provisions of this chapter in existence at the conclusion of 13 33 the fiscal year beginning July 1, 2015, shall continue in full 13 34 force and effect. 13 35 Sec. 25. Section 260E.7, subsection 1, Code 2015, is amended 14 1 to read as follows: 14 2 1. The economic development authority, in consultation with 14 3 thedepartment of education, thedepartment of revenue, and 14 4 the department of workforce development, shall coordinate and 14 5 review the new jobs training program. The economic development 14 6 authority shall adopt, amend, and repeal rules under chapter 14 7 17A that the community college will use in developing projects 14 8 with new and expanding industrial new jobs training proposals 14 9 and that the economic development authority shall use to review 14 10 and report on the new jobs training program as required in this 14 11 section. 14 12 Sec. 26. Section 260F.6B, Code 2015, is amended to read as 14 13 follows: 14 14 260F.6B High technology apprenticeship program. 14 15 The community colleges and the authority are authorized 14 16 to fund high technology apprenticeship programs which comply 14 17 with the requirements specified in section 260C.44 and which 14 18 may include both new and statewide apprenticeship programs. 14 19 Notwithstanding the provisions of section 260F.6, subsection 14 20 2, relating to maximum award amounts, moneys allocated to 14 21 the community colleges with high technology apprenticeship 14 22 programs shall be distributed to the community colleges based 14 23 upon contact hours under the programs administered during the 14 24 prior fiscal year as determined by thedepartment of education 14 25authority. The authority shall adopt rules governing this 14 26 section's operation and participant eligibility. 14 27 Sec. 27. Section 260F.7, Code 2015, is amended to read as 14 28 follows: 14 29 260F.7 Authority to coordinate. 14 30 The authority, in consultation withthe department of 14 31 education andthe department of workforce development, shall 14 32 coordinate the jobs training program. A project shall not be 14 33 funded under this chapter unless the authority approves the 14 34 project. The authority shall adopt rules pursuant to chapter 14 35 17A governing the program's operation and eligibility for 15 1 participation in the program. The authority shall establish 15 2 by rule criteria for determining what constitutes an eligible 15 3 business. 15 4 Sec. 28. Section 260H.2, subsection 1, Code 2015, is amended 15 5 to read as follows: 15 6 1. A pathways for academic career and employment program 15 7 is established to provide funding to community colleges for 15 8 the development of projects in coordination with the economic 15 9 development authority,the department of education,the 15 10 department of workforce development, regional advisory boards 15 11 established pursuant to section 84A.4, and community partners 15 12 to implement a simplified, streamlined, and comprehensive 15 13 process, along with customized support services, to enable 15 14 eligible participants to acquire effective academic and 15 15 employment training to secure gainful, quality, in=state 15 16 employment. 15 17 Sec. 29. Section 260H.2, subsection 2, paragraph a, Code 15 18 2015, is amended to read as follows: 15 19 a. A pathways for academic career and employment fund 15 20 is created for the community colleges in the state treasury 15 21 to be administered by thedepartment of educationeconomic 15 22 development authority. The moneys in the pathways for academic 15 23 career and employment fund are appropriated to thedepartment 15 24 of educationeconomic development authority for the pathways 15 25 for academic career and employment program. 15 26 Sec. 30. Section 260H.8, Code 2015, is amended to read as 15 27 follows: 15 28 260H.8 Rules. 15 29 Thedepartment of educationauthority, in consultation with 15 30 the community colleges, the economic development authority,15 31 and the department of workforce development, shall adopt 15 32 rules pursuant to chapter 17A and this chapter to implement 15 33 the provisions of this chapter. Regional advisory boards 15 34 established pursuant to section 84A.4 shall be consulted in the 15 35 development and implementation of rules to be adopted pursuant 16 1 to this chapter. 16 2 Sec. 31. Section 260I.2, subsection 2, paragraph a, Code 16 3 2015, is amended to read as follows: 16 4 a. There is established for the community colleges 16 5 a gap tuition assistance fund in the state treasury to 16 6 be administered by thedepartment of educationeconomic 16 7 development authority. The funds in the gap tuition assistance 16 8 fund are appropriated to thedepartment of educationeconomic 16 9 development authority for the gap tuition assistance program. 16 10 Sec. 32. Section 260I.3, subsection 1, Code 2015, is amended 16 11 to read as follows: 16 12 1. Thedepartment of education, in consultation with the16 13 economic development authority,shall adopt rules pursuant to 16 14 this chapter defining eligibility criteria for persons applying 16 15 to receive tuition assistance under this chapter. 16 16 Sec. 33. Section 260I.10, Code 2015, is amended to read as 16 17 follows: 16 18 260I.10 Oversight. 16 19 1. Thedepartment of educationeconomic development 16 20 authority, in coordination with the community colleges, shall 16 21 establish a steering committee. The steering committee shall 16 22 determine if the performance measures of the gap tuition 16 23 assistance program are being met and shall take necessary steps 16 24 to correct any deficiencies. The steering committee shall meet 16 25 at least quarterly to evaluate and monitor the performance of 16 26 the gap tuition assistance program. 16 27 2. Thedepartment of educationeconomic development 16 28 authority, in coordination with the community colleges, 16 29 shall develop a common intake tracking system that shall be 16 30 implemented consistently by each participating community 16 31 college. 16 32 3. Thedepartment of educationeconomic development 16 33 authority shall coordinate statewide oversight, evaluation, and 16 34 reporting efforts for the gap tuition assistance program. 16 35 Sec. 34. Section 260I.11, Code 2015, is amended to read as 17 1 follows: 17 2 260I.11 Rules. 17 3 Thedepartment of educationeconomic development authority, 17 4 in consultation with theeconomic development authority and the17 5 community colleges, shall adopt rules pursuant to chapter 17A 17 6 and this chapter to implement the provisions of this chapter. 17 7 Sec. 35. Section 261.1, subsection 2, paragraph b, Code 17 8 2015, is amended by striking the paragraph. 17 9 Sec. 36. NEW SECTION. 261.8 Transfer of authority and 17 10 duties. 17 11 1. Beginning July 1, 2016, the authority and duties of the 17 12 department of education, the state board of education, and the 17 13 director of the department of education under this chapter 17 14 shall be transferred to the college student aid commission. 17 15 Accordingly, beginning July 1, 2016, all references to the 17 16 department of education or the director of the department of 17 17 education under this chapter and references to the department 17 18 of education or the director of the department of education 17 19 under other provisions of law relating to this chapter shall 17 20 mean the college student aid commission. 17 21 2. Any moneys remaining in any account or fund under the 17 22 control of the department of education at the conclusion 17 23 of the fiscal year beginning July 1, 2015, relative to the 17 24 provisions of this chapter shall be transferred to the control 17 25 of the college student aid commission for such purposes. 17 26 Notwithstanding section 8.33, the moneys transferred in 17 27 accordance with this subsection shall not revert to the account 17 28 or fund from which appropriated or transferred. 17 29 3. Any contract entered into by the department of education 17 30 relating to the provisions of this chapter in effect at the 17 31 conclusion of the fiscal year beginning July 1, 2015, shall 17 32 continue in full force and effect pending transfer of such 17 33 contracts to the college student aid commission. 17 34 4. Any rule, regulation, form, order, or directive 17 35 promulgated by the department of education relative to the 18 1 provisions of this chapter in existence at the conclusion of 18 2 the fiscal year beginning July 1, 2015, shall continue in full 18 3 force and effect until amended, repealed, or supplemented by 18 4 affirmative action of the college student aid commission under 18 5 the duties and powers established in this chapter and under the 18 6 procedure established in subsection 5. 18 7 5. In regard to updating references and format in the Iowa 18 8 administrative code in order to correspond to the transferring 18 9 of duties of this chapter, the administrative rules coordinator 18 10 and the administrative rules review committee, in consultation 18 11 with the administrative code editor, shall jointly develop a 18 12 schedule for the necessary updating of the Iowa administrative 18 13 code. 18 14 Sec. 37. NEW SECTION. 261E.1A Transfer of authority and 18 15 duties. 18 16 1. Beginning July 1, 2016, the authority and duties of 18 17 the department of education, the state board of education, 18 18 and the director of the department of education under this 18 19 chapter shall be transferred to the state board of regents. 18 20 Accordingly, beginning July 1, 2016, all references to the 18 21 department of education, the state board of education, or the 18 22 director of the department of education under this chapter 18 23 and references to the department of education, state board of 18 24 education, or director of the department of education under 18 25 other provisions of law relating to this chapter shall mean the 18 26 state board of regents. 18 27 2. Any moneys remaining in any account or fund under the 18 28 control of the department of education at the conclusion of the 18 29 fiscal year beginning July 1, 2015, relative to the provisions 18 30 of this chapter shall be transferred to the control of the 18 31 state board of regents for such purposes. Notwithstanding 18 32 section 8.33, the moneys transferred in accordance with this 18 33 subsection shall not revert to the account or fund from which 18 34 appropriated or transferred. 18 35 3. Any contract entered into by the department of education 19 1 relating to the provisions of this chapter in effect at the 19 2 conclusion of the fiscal year beginning July 1, 2015, shall 19 3 continue in full force and effect pending transfer of such 19 4 contracts to the state board of regents. 19 5 4. Any rule, regulation, form, order, or directive 19 6 promulgated by the department of education relative to the 19 7 provisions of this chapter in existence at the conclusion of 19 8 the fiscal year beginning July 1, 2015, shall continue in full 19 9 force and effect until amended, repealed, or supplemented by 19 10 affirmative action of the state board of regents under the 19 11 duties and powers established in this chapter and under the 19 12 procedure established in subsection 5. 19 13 5. In regard to updating references and format in the Iowa 19 14 administrative code in order to correspond to the transferring 19 15 of duties of this chapter, the administrative rules coordinator 19 16 and the administrative rules review committee, in consultation 19 17 with the administrative code editor, shall jointly develop a 19 18 schedule for the necessary updating of the Iowa administrative 19 19 code. 19 20 Sec. 38. Section 262.9, subsection 27, Code 2015, is amended 19 21 to read as follows: 19 22 27. Explore, in conjunction with the department 19 23 of education,the need for coordination between school 19 24 districts, area education agencies, state board of regents 19 25 institutions, and community colleges for purposes of delivery 19 26 of courses, use of telecommunications, transportation, and 19 27 other similar issues. Coordination may include but is not 19 28 limited to coordination of calendars, programs, schedules, or 19 29 telecommunications emissions. The state board shall develop 19 30 recommendations as necessary, which shall be submitted in a 19 31 report to the general assembly on a timely basis. 19 32 Sec. 39. Section 262.9, subsection 33, unnumbered paragraph 19 33 1, Code 2015, is amended to read as follows: 19 34In consultation with the state board of education, establish 19 35Establish and enter into a collective statewide articulation 20 1 agreement with the community colleges established pursuant to 20 2 chapter 260C, which shall provide for the seamless transfer 20 3 of academic credits from a completed associate of arts or 20 4 associate of science degree program offered by a community 20 5 college to a baccalaureate degree program offered by an 20 6 institution of higher education governed by the board. The 20 7 board shall also do the following: 20 8 Sec. 40. Section 262.9, subsection 33, paragraph i, Code 20 9 2015, is amended to read as follows: 20 10 i. Prepare, jointly withthe department of education and20 11 the liaison advisory committee on transfer students, and submit 20 12 by January 15 annually to the general assembly, an update on 20 13 the articulation efforts and activities implemented by the 20 14 community colleges and the institutions of higher education 20 15 governed by the board. 20 16 Sec. 41. Section 262.71, subsection 9, Code 2015, is amended 20 17 by striking the subsection. 20 18 Sec. 42. Section 266.39C, subsection 2, paragraph a, 20 19 subparagraph (5), Code 2015, is amended to read as follows: 20 20 (5) One representative of community colleges, appointed by 20 21 thestate board of educationgovernor. 20 22 Sec. 43. Section 266.39C, subsection 6, Code 2015, is 20 23 amended to read as follows: 20 24 6. The Iowa energy center shallcooperate with the state 20 25 board of education in developingdevelop a curriculum which 20 26 promotes energy efficiency and conservation. 20 27 Sec. 44. Section 272.1, subsection 4, Code 2015, is amended 20 28 by striking the subsection. 20 29 Sec. 45. NEW SECTION. 272.1A Transfer of authority and 20 30 duties. 20 31 1. Beginning July 1, 2016, the authority and duties of the 20 32 department of education, the state board of education, and the 20 33 director of the department of education under this chapter 20 34 shall be transferred to the board of educational examiners. 20 35 Accordingly, beginning July 1, 2016, all references to the 21 1 department of education, the state board of education, or the 21 2 director of the department of education under this chapter 21 3 and references to the department of education, state board of 21 4 education, or director of the department of education under 21 5 other provisions of law relating to this chapter shall mean the 21 6 board of educational examiners. 21 7 2. Any moneys remaining in any account or fund under the 21 8 control of the department of education at the conclusion 21 9 of the fiscal year beginning July 1, 2015, relative to the 21 10 provisions of this chapter shall be transferred to the control 21 11 of the board of educational examiners for such purposes. 21 12 Notwithstanding section 8.33, the moneys transferred in 21 13 accordance with this subsection shall not revert to the account 21 14 or fund from which appropriated or transferred. 21 15 3. Any contract entered into by the department of education 21 16 relating to the provisions of this chapter in effect at the 21 17 conclusion of the fiscal year beginning July 1, 2015, shall 21 18 continue in full force and effect pending transfer of such 21 19 contracts to the board of educational examiners. 21 20 Sec. 46. Section 272.3, subsection 1, unnumbered paragraph 21 21 1, Code 2015, is amended to read as follows: 21 22 The board of educational examiners consists of twelve 21 23 members. Two must be members of the general public, one 21 24 must be the director of the department of education or the 21 25 director's designee,and the remainingnineten members must be 21 26 licensed practitioners. One of the public members shall have 21 27 served on a school board. The public members shall never have 21 28 held a practitioner's license, but shall have a demonstrated 21 29 interest in education. Thenineten practitioners shall be 21 30 selected from the following areas and specialties of the 21 31 teaching profession: 21 32 Sec. 47. Section 272.3, subsection 2, Code 2015, is amended 21 33 to read as follows: 21 34 2. A majority of the licensed practitioner members shall 21 35 be nonadministrative practitioners. Four of the members shall 22 1 be administrators. Membership of the board shall comply with 22 2 the requirements of sections 69.16 and 69.16A. A quorum of the 22 3 board shall consist of six members. Members shall elect a 22 4 chairperson of the board. Members, except for the director of 22 5 the department of education or the director's designee,shall 22 6 be appointed by the governor subject to confirmation by the 22 7 senate. 22 8 Sec. 48. Section 272.4, subsection 1, unnumbered paragraph 22 9 1, Code 2015, is amended to read as follows: 22 10 Members, except for the director of the department of 22 11 education or the director's designee,shall be appointed to 22 12 serve staggered terms of four years. A member shall not serve 22 13 more than two consecutive terms, except for the director of the 22 14 department of education or the director's designee, who shall 22 15 serve until the director's term of office expires. A member of 22 16 the board, except for the two public membersand the director 22 17 of the department of education or the director's designee, 22 18 shall hold a valid practitioner's license during the member's 22 19 term of office. A vacancy exists when any of the following 22 20 occur: 22 21 Sec. 49. Section 272.25, subsections 3, 4, and 8, Code 2015, 22 22 are amended to read as follows: 22 23 3. A requirement that the program include instruction 22 24 in skills and strategies to be used in classroom management 22 25 of individuals, and of small and large groups, under varying 22 26 conditions;, and skills for communicating and working 22 27 constructively with pupils, teachers, administrators, and 22 28 parents; and skills for understanding the role of the board of 22 29 education and the functions of other education agencies in the 22 30 state.The requirement shall be based upon recommendations of 22 31 the department of education after consultation with teacher 22 32 education faculty members in colleges and universities.22 33 4. A requirement that prescribes minimum experiences and 22 34 responsibilities to be accomplished during the student teaching 22 35 experience by the student teacher and by the cooperating 23 1 teacherbased upon recommendations of the department of 23 2 education after consultation with teacher education faculty 23 3 members in colleges and universities. The student teaching 23 4 experience shall include opportunities for the student 23 5 teacher to become knowledgeable about the Iowa teaching 23 6 standards, including a mock evaluation performed by the 23 7 cooperating teacher. The mock evaluation shall not be used as 23 8 an assessment tool by the practitioner preparation program. 23 9 The student teaching experience shall consist of interactive 23 10 experiences involving the college or university personnel, the 23 11 student teacher, the cooperating teacher, and administrative 23 12 personnel from the cooperating teacher's school district. 23 13 8. A requirement that an approved practitioner preparation 23 14 institution submit evidence that the collegeor department of 23 15 educationis communicating with other colleges or departments 23 16 in the institution so that practitioner preparation students 23 17 may integrate teaching methodology with subject matter areas 23 18 of specialization. 23 19 Sec. 50. NEW SECTION. 273.1A Transfer of authority and 23 20 duties. 23 21 1. Beginning July 1, 2016, the authority and duties of 23 22 the department of education, the state board of education, 23 23 and the director of the department of education under this 23 24 chapter shall, to the extent feasible, be transferred to the 23 25 area education agency boards of directors in this state. 23 26 Accordingly, beginning July 1, 2016, all references to the 23 27 department of education, the state board of education, and the 23 28 director of the department of education under this chapter and 23 29 references to the department of education, the state board of 23 30 education, and the director of the department of education 23 31 under other provisions of law relating to this chapter shall 23 32 mean the applicable area education agency board of directors. 23 33 2. Any rule, regulation, form, order, or directive 23 34 promulgated by the department of education relative to the 23 35 provisions of this chapter in existence at the conclusion of 24 1 the fiscal year beginning July 1, 2015, shall continue in full 24 2 force and effect. 24 3 Sec. 51. Section 273.2, subsection 5, unnumbered paragraph 24 4 1, Code 2015, is amended to read as follows: 24 5 The area education agency board may provide for the 24 6 following programs and services to local school districts, and 24 7 at the request of local school districts to providers of child 24 8 development services who have received grants under chapter 24 9 256A from the child development coordinating council,within 24 10 the limits of funds available: 24 11 Sec. 52. NEW SECTION. 274.1A Transfer of authority and 24 12 duties. 24 13 1. Beginning July 1, 2016, the authority and duties of the 24 14 department of education and the director of the department of 24 15 education under this chapter shall, to the extent feasible, be 24 16 transferred to the area education agency boards of directors 24 17 in this state. Accordingly, beginning July 1, 2016, all 24 18 references to the department of education and the director of 24 19 the department of education under this chapter and references 24 20 to the department of education and the director of the 24 21 department of education under other provisions of law relating 24 22 to this chapter shall mean the applicable area education agency 24 23 board of directors. 24 24 2. Any rule, regulation, form, order, or directive 24 25 promulgated by the department of education or the director 24 26 of the department of education relative to the provisions of 24 27 this chapter in existence at the conclusion of the fiscal 24 28 year beginning July 1, 2015, shall continue in full force and 24 29 effect. 24 30 Sec. 53. NEW SECTION. 275.1A Transfer of authority and 24 31 duties. 24 32 1. Beginning July 1, 2016, the authority and duties of 24 33 the department of education, the state board of education, 24 34 and the director of the department of education under this 24 35 chapter shall, to the extent feasible, be transferred to the 25 1 area education agency boards of directors in this state. 25 2 Accordingly, beginning July 1, 2016, all references to the 25 3 department of education, the state board of education, and the 25 4 director of the department of education under this chapter and 25 5 references to the department of education, the state board of 25 6 education, and the director of the department of education 25 7 under other provisions of law relating to this chapter shall 25 8 mean the applicable area education agency board of directors. 25 9 2. Any rule, regulation, form, order, or directive 25 10 promulgated by the department of education, the state board 25 11 of education, or the director of the department of education 25 12 relative to the provisions of this chapter in existence at the 25 13 conclusion of the fiscal year beginning July 1, 2015, shall 25 14 continue in full force and effect. 25 15 Sec. 54. Section 276.3, subsections 5 and 9, Code 2015, are 25 16 amended by striking the subsections. 25 17 Sec. 55. Section 279.51, subsection 1, unnumbered paragraph 25 18 1, Code 2015, is amended to read as follows: 25 19 There is appropriated from the general fund of the state 25 20 to the department ofeducationmanagement for the fiscal year 25 21 beginning July 1, 2007, and each succeeding fiscal year, the 25 22 sum of twelve million six hundred six thousand one hundred 25 23 ninety=six dollars. The moneys shall be allocated as follows: 25 24 Sec. 56. Section 279.51, subsection 1, paragraphs b and d, 25 25 Code 2015, are amended by striking the paragraphs. 25 26 Sec. 57. Section 279.51, subsection 2, Code 2015, is amended 25 27 by striking the subsection. 25 28 Sec. 58. NEW SECTION. 279.70 Transfer of authority and 25 29 duties. 25 30 1. Beginning July 1, 2016, the authority and duties of 25 31 the department of education, the state board of education, 25 32 and the director of the department of education under this 25 33 chapter, to the extent feasible, shall be transferred to the 25 34 boards of directors for the respective school districts in the 25 35 state. Accordingly, beginning July 1, 2016, all references to 26 1 the department of education, the state board of education, and 26 2 the director of the department of education under this chapter 26 3 and references to the department of education, the state board 26 4 of education, and the director of the department of education 26 5 under other provisions of law relating to this chapter shall 26 6 mean the applicable board of directors of the school district. 26 7 2. Any rule, regulation, form, order, or directive 26 8 promulgated by the department of education, the state board 26 9 of education, or the director of the department of education 26 10 relative to the provisions of this chapter in existence at the 26 11 conclusion of the fiscal year beginning July 1, 2015, shall 26 12 continue in full force and effect. 26 13 Sec. 59. NEW SECTION. 280.1A Transfer of authority and 26 14 duties. 26 15 1. Beginning July 1, 2016, the authority and duties of 26 16 the department of education, the state board of education, 26 17 and the director of the department of education under this 26 18 chapter, to the extent feasible, shall be transferred to the 26 19 boards of directors for the respective school districts in the 26 20 state. Accordingly, beginning July 1, 2016, all references to 26 21 the department of education, the state board of education, and 26 22 the director of the department of education under this chapter 26 23 and references to the department of education, the state board 26 24 of education, and the director of the department of education 26 25 under other provisions of law relating to this chapter shall 26 26 mean the applicable board of directors of the school district. 26 27 2. Any rule, regulation, form, order, or directive 26 28 promulgated by the department of education, the state board 26 29 of education, or the director of the department of education 26 30 relative to the provisions of this chapter in existence at the 26 31 conclusion of the fiscal year beginning July 1, 2015, shall 26 32 continue in full force and effect. 26 33 Sec. 60. NEW SECTION. 282.1A Transfer of authority and 26 34 duties. 26 35 1. Beginning July 1, 2016, the authority and duties of 27 1 the department of education, the state board of education, 27 2 and the director of the department of education under this 27 3 chapter, to the extent feasible, shall be transferred to the 27 4 boards of directors for the respective school districts in the 27 5 state. Accordingly, beginning July 1, 2016, all references to 27 6 the department of education, the state board of education, and 27 7 the director of the department of education under this chapter 27 8 and references to the department of education, the state board 27 9 of education, and the director of the department of education 27 10 under other provisions of law relating to this chapter shall 27 11 mean the applicable board of directors of the school district. 27 12 2. Any rule, regulation, form, order, or directive 27 13 promulgated by the department of education, the state board 27 14 of education, or the director of the department of education 27 15 relative to the provisions of this chapter in existence at the 27 16 conclusion of the fiscal year beginning July 1, 2015, shall 27 17 continue in full force and effect. 27 18 Sec. 61. Section 282.18, subsections 5 and 13, Code 2015, 27 19 are amended to read as follows: 27 20 5. Open enrollment applications filed after March 1 27 21 of the preceding school year that do not qualify for good 27 22 cause as provided in subsection 4 shall be subject to the 27 23 approval of the board of the resident district and the board 27 24 of the receiving district. The parent or guardian shall send 27 25 notification to the district of residence and the receiving 27 26 district that the parent or guardian seeks to enroll the 27 27 parent's or guardian's child in the receiving district.A 27 28 decision of either board to deny an application filed under 27 29 this subsection involving repeated acts of harassment of the 27 30 student or serious health condition of the student that the 27 31 resident district cannot adequately address is subject to 27 32 appeal under section 290.1. The state board shall exercise 27 33 broad discretion to achieve just and equitable results that are 27 34 in the best interest of the affected child or children.27 35 13. If a request under this section is for transfer to a 28 1 laboratory school, as described in chapter 265, the student, 28 2 who is the subject of the request, shall not be included in 28 3 the basic enrollment of the student's district of residence, 28 4 and the laboratory school shall report the enrollment of the 28 5 student directly to the department ofeducationmanagement, 28 6 unless the number of students from the district attending the 28 7 laboratory school during the current school year, as a result 28 8 of open enrollment under this section, exceeds the number of 28 9 students enrolled in the laboratory school from that district 28 10 during the 1989=1990 school year. If the number of students 28 11 enrolled in the laboratory school from a district during the 28 12 current year exceeds the number of students enrolled from that 28 13 district during the 1989=1990 school year, those students who 28 14 represent the difference between the current and the 1988=1989 28 15 school year enrollment figures shall be included in the basic 28 16 enrollment of the students' districts of residence and the 28 17 districts shall retain any moneys received as a result of the 28 18 inclusion of the student in the district enrollment. The total 28 19 number of students enrolled at a laboratory school during a 28 20 school year shall not exceed six hundred seventy students. The 28 21 regents institution operating the laboratory school and the 28 22 board of directors of the school district in the community 28 23 in which the regents institution is located shall develop 28 24 a student transfer policy designed to protect and promote 28 25 the quality and integrity of the teacher education program 28 26 at the laboratory school, the viability of the education 28 27 program of the local school district in which the regents 28 28 institution is located, and to indicate the order in which and 28 29 reasons why requests to transfer to a laboratory school shall 28 30 be considered. A laboratory school may deny a request for 28 31 transfer under the policy.A denial of a request to transfer 28 32 under this subsection is not subject to appeal under section 28 33 290.1.28 34 Sec. 62. Section 282.18, subsection 15, Code 2015, is 28 35 amended by striking the subsection. 29 1 Sec. 63. Section 283.1, Code 2015, is amended to read as 29 2 follows: 29 3 283.1 Federal funds accepted. 29 4 The director of the department ofeducationmanagement 29 5 is the "state educational authority" for the purpose of 29 6 accepting and administering funds appropriated by Congress for 29 7 educational purposes and the funds shall be deposited with the 29 8 treasurer of state and disbursed through the department of 29 9 administrative services on vouchers audited as provided by law. 29 10 When state matching funds are required as a condition to the 29 11 acceptance of federal funds, the director of the department 29 12 ofeducationmanagement may make expenditures for matching 29 13 only from funds provided by the legislature for that purpose. 29 14 However, when federal funds may be matched with expenditures 29 15 from funds appropriated for the general operation of the 29 16 department ofeducationmanagement, this may be done with the 29 17 approval of the legislative council. 29 18 Sec. 64. NEW SECTION. 283A.1A Transfer of authority and 29 19 duties. 29 20 1. Beginning July 1, 2016, the authority and duties of 29 21 the department of education, the state board of education, 29 22 and the director of the department of education under this 29 23 chapter, to the extent feasible, shall be transferred to the 29 24 boards of directors for the respective school districts in the 29 25 state. Accordingly, beginning July 1, 2016, all references to 29 26 the department of education, the state board of education, and 29 27 the director of the department of education under this chapter 29 28 and references to the department of education, the state board 29 29 of education, and the director of the department of education 29 30 under other provisions of law relating to this chapter shall 29 31 mean the applicable board of directors of the school district. 29 32 2. Any rule, regulation, form, order, or directive 29 33 promulgated by the department of education, the state board 29 34 of education, or the director of the department of education 29 35 relative to the provisions of this chapter in existence at the 30 1 conclusion of the fiscal year beginning July 1, 2015, shall 30 2 continue in full force and effect. 30 3 Sec. 65. Section 283A.3, Code 2015, is amended to read as 30 4 follows: 30 5 283A.3 Expenditure of federal funds. 30 6 The director of the department ofeducationmanagement shall 30 7 accept and direct the disbursement of funds appropriated by any 30 8 Act of Congress and appropriated to the state of Iowa for use 30 9 in connection with school breakfast or lunch programs. The 30 10 director shall deposit the funds with the treasurer of the 30 11 state of Iowa, who shall make disbursements upon the direction 30 12 of the director. 30 13 Sec. 66. NEW SECTION. 284.1A Transfer of authority and 30 14 duties. 30 15 1. Beginning July 1, 2016, the authority and duties of 30 16 the department of education, the state board of education, 30 17 and the director of the department of education under this 30 18 chapter, to the extent feasible, shall be transferred to the 30 19 boards of directors for the respective school districts in the 30 20 state. Accordingly, beginning July 1, 2016, all references to 30 21 the department of education, the state board of education, and 30 22 the director of the department of education under this chapter 30 23 and references to the department of education, the state board 30 24 of education, and the director of the department of education 30 25 under other provisions of law relating to this chapter shall 30 26 mean the applicable board of directors of the school district. 30 27 2. Any rule, regulation, form, order, or directive 30 28 promulgated by the department of education, the state board 30 29 of education, or the director of the department of education 30 30 relative to the provisions of this chapter in existence at the 30 31 conclusion of the fiscal year beginning July 1, 2015, shall 30 32 continue in full force and effect. 30 33 Sec. 67. NEW SECTION. 284A.1A Transfer of authority and 30 34 duties. 30 35 1. Beginning July 1, 2016, the authority and duties of 31 1 the department of education, the state board of education, 31 2 and the director of the department of education under this 31 3 chapter, to the extent feasible, shall be transferred to the 31 4 boards of directors for the respective school districts in the 31 5 state. Accordingly, beginning July 1, 2016, all references to 31 6 the department of education, the state board of education, and 31 7 the director of the department of education under this chapter 31 8 and references to the department of education, the state board 31 9 of education, and the director of the department of education 31 10 under other provisions of law relating to this chapter shall 31 11 mean the applicable board of directors of the school district. 31 12 2. Any rule, regulation, form, order, or directive 31 13 promulgated by the department of education, the state board 31 14 of education, or the director of the department of education 31 15 relative to the provisions of this chapter in existence at the 31 16 conclusion of the fiscal year beginning July 1, 2015, shall 31 17 continue in full force and effect. 31 18 Sec. 68. NEW SECTION. 285.7 Transfer of authority and 31 19 duties. 31 20 1. Beginning July 1, 2016, the authority and duties of 31 21 the department of education, the state board of education, 31 22 and the director of the department of education under this 31 23 chapter, to the extent feasible, shall be transferred to the 31 24 boards of directors for the respective school districts in the 31 25 state. Accordingly, beginning July 1, 2016, all references to 31 26 the department of education, the state board of education, and 31 27 the director of the department of education under this chapter 31 28 and references to the department of education, the state board 31 29 of education, and the director of the department of education 31 30 under other provisions of law relating to this chapter shall 31 31 mean the applicable board of directors of the school district. 31 32 2. Any rule, regulation, form, order, or directive 31 33 promulgated by the department of education, the state board 31 34 of education, or the director of the department of education 31 35 relative to the provisions of this chapter in existence at the 32 1 conclusion of the fiscal year beginning July 1, 2015, shall 32 2 continue in full force and effect. 32 3 Sec. 69. Section 291.11, Code 2015, is amended to read as 32 4 follows: 32 5 291.11 Officers reported. 32 6 The secretary shall report to the director of the department 32 7 ofeducationmanagement, the county auditor, and county 32 8 treasurer the name and post office address of the president, 32 9 treasurer and secretary of the board as soon as practicable 32 10 after the qualification of each. 32 11 Sec. 70. NEW SECTION. 292.1A Transfer of authority and 32 12 duties. 32 13 1. Beginning July 1, 2016, the authority and duties of the 32 14 department of education under this chapter shall be transferred 32 15 to the department of revenue. Accordingly, beginning July 1, 32 16 2016, all references to the department of education under this 32 17 chapter and references to the department of education under 32 18 other provisions of law relating to this chapter shall mean the 32 19 department of revenue. 32 20 2. Any moneys remaining in any account or fund under the 32 21 control of the department of education at the conclusion of the 32 22 fiscal year beginning July 1, 2015, relative to the provisions 32 23 of this chapter shall be transferred to the control of the 32 24 department of revenue for such purposes. Notwithstanding 32 25 section 8.33, the moneys transferred in accordance with this 32 26 subsection shall not revert to the account or fund from which 32 27 appropriated or transferred. 32 28 3. Any contract entered into by the department of education 32 29 relating to the provisions of this chapter in effect at the 32 30 conclusion of the fiscal year beginning July 1, 2015, shall 32 31 continue in full force and effect pending transfer of such 32 32 contracts to the department of revenue. 32 33 4. Any rule, regulation, form, order, or directive 32 34 promulgated by the department of education relative to the 32 35 provisions of this chapter in existence at the conclusion of 33 1 the fiscal year beginning July 1, 2015, shall continue in full 33 2 force and effect until amended, repealed, or supplemented by 33 3 affirmative action of the department of revenue under the 33 4 duties and powers established in this chapter and under the 33 5 procedure established in subsection 5. 33 6 5. In regard to updating references and format in the Iowa 33 7 administrative code in order to correspond to the transferring 33 8 of duties of this chapter, the administrative rules coordinator 33 9 and the administrative rules review committee, in consultation 33 10 with the administrative code editor, shall jointly develop a 33 11 schedule for the necessary updating of the Iowa administrative 33 12 code. 33 13 Sec. 71. Section 294.5, Code 2015, is amended to read as 33 14 follows: 33 15 294.5 Reports. 33 16 The teacher shall file with the school superintendentand 33 17 the director of the department of educationsuch reports and in 33 18 such manner as may be required. 33 19 Sec. 72. Section 296.3, Code 2015, is amended to read as 33 20 follows: 33 21 296.3 Election called. 33 22 Within ten days of receipt of a petition filed under section 33 23 296.2, the president of the board of directors shall call a 33 24 meeting of the board. The meeting shall be held within thirty 33 25 days after the petition was received. At the meeting, the 33 26 board shall call the election, fixing the time of the election, 33 27 which may be at the time and place of holding the regular 33 28 school election. However, if the board determines by unanimous 33 29 vote that the proposition or propositions requested by a 33 30 petition to be submitted at an election are grossly unrealistic 33 31 or contrary to the needs of the school district, no election 33 32 shall be called. If more than one petition has been received 33 33 by the time the board meets to consider the petition triggering 33 34 the meeting, the board shall act upon the petitions in the 33 35 order they were received at the meeting called to consider the 34 1 initial petition.The decision of the board may be appealed to 34 2 the state board of education as provided in chapter 290.The 34 3 president shall notify the county commissioner of elections of 34 4 the time of the election. 34 5 Sec. 73. NEW SECTION. 297.37 Transfer of authority and 34 6 duties. 34 7 1. Beginning July 1, 2016, the authority and duties of the 34 8 department of education and the director of the department 34 9 of education under this chapter shall be transferred to the 34 10 department of administrative services and the director of the 34 11 department of administrative services. Accordingly, beginning 34 12 July 1, 2016, all references to the department of education 34 13 and the director of the department of education under this 34 14 chapter and references to the department of education and the 34 15 director of the department of education under other provisions 34 16 of law relating to this chapter shall mean the department of 34 17 administrative services or the director of the department of 34 18 administrative services. 34 19 2. Any rule, regulation, form, order, or directive 34 20 promulgated by the department of education or the director 34 21 of the department of education relative to the provisions of 34 22 this chapter in existence at the conclusion of the fiscal 34 23 year beginning July 1, 2015, shall continue in full force and 34 24 effect. 34 25 Sec. 74. Section 298A.8, Code 2015, is amended to read as 34 26 follows: 34 27 298A.8 Student activity fund. 34 28 The student activity fund is a special revenue fund. A 34 29 student activity fund must be established in any school 34 30 corporation receiving money from student=related activities 34 31 such as admissions, activity fees, student dues, student 34 32 fund=raising events, or other student=related cocurricular or 34 33 extracurricular activities. Moneys in this fund shall be used 34 34 to support only the cocurricular programdefined in department 34 35 of education administrative rules. 35 1 Sec. 75. NEW SECTION. 299.25 Transfer of authority and 35 2 duties. 35 3 1. Beginning July 1, 2016, the authority and duties of 35 4 the department of education, the state board of education, 35 5 and the director of the department of education under this 35 6 chapter, to the extent feasible, shall be transferred to the 35 7 boards of directors for the respective school districts in the 35 8 state. Accordingly, beginning July 1, 2016, all references to 35 9 the department of education, the state board of education, and 35 10 the director of the department of education under this chapter 35 11 and references to the department of education, the state board 35 12 of education, and the director of the department of education 35 13 under other provisions of law relating to this chapter shall 35 14 mean the applicable board of directors of the school district. 35 15 2. Any rule, regulation, form, order, or directive 35 16 promulgated by the department of education, the state board 35 17 of education, or the director of the department of education 35 18 relative to the provisions of this chapter in existence at the 35 19 conclusion of the fiscal year beginning July 1, 2015, shall 35 20 continue in full force and effect. 35 21 Sec. 76. NEW SECTION. 299A.1A Transfer of authority and 35 22 duties. 35 23 1. Beginning July 1, 2016, the authority and duties of 35 24 the department of education, the state board of education, 35 25 and the director of the department of education under this 35 26 chapter, to the extent feasible, shall be transferred to the 35 27 boards of directors for the respective school districts in the 35 28 state. Accordingly, beginning July 1, 2016, all references to 35 29 the department of education, the state board of education, and 35 30 the director of the department of education under this chapter 35 31 and references to the department of education, the state board 35 32 of education, and the director of the department of education 35 33 under other provisions of law relating to this chapter shall 35 34 mean the applicable board of directors of the school district. 35 35 2. Any rule, regulation, form, order, or directive 36 1 promulgated by the department of education, the state board 36 2 of education, or the director of the department of education 36 3 relative to the provisions of this chapter in existence at the 36 4 conclusion of the fiscal year beginning July 1, 2015, shall 36 5 continue in full force and effect. 36 6 Sec. 77. NEW SECTION. 301.1A Transfer of authority and 36 7 duties. 36 8 1. Beginning July 1, 2016, the authority and duties of 36 9 the department of education, the state board of education, 36 10 and the director of the department of education under this 36 11 chapter, to the extent feasible, shall be transferred to the 36 12 boards of directors for the respective school districts in the 36 13 state. Accordingly, beginning July 1, 2016, all references to 36 14 the department of education, the state board of education, and 36 15 the director of the department of education under this chapter 36 16 and references to the department of education, the state board 36 17 of education, and the director of the department of education 36 18 under other provisions of law relating to this chapter shall 36 19 mean the applicable board of directors of the school district. 36 20 2. Any rule, regulation, form, order, or directive 36 21 promulgated by the department of education, the state board 36 22 of education, or the director of the department of education 36 23 relative to the provisions of this chapter in existence at the 36 24 conclusion of the fiscal year beginning July 1, 2015, shall 36 25 continue in full force and effect. 36 26 Sec. 78. REPEAL. Sections 260C.6, 276.4, and 291.10, Code 36 27 2015, are repealed. 36 28 Sec. 79. REPEAL. Chapters 256, 256A, 256G, and 290, Code 36 29 2015, are repealed. 36 30 Sec. 80. EFFECTIVE DATE. This division of this Act takes 36 31 effect July 1, 2016. 36 32 DIVISION II 36 33 CORRESPONDING AMENDMENT LEGISLATION 36 34 Sec. 81. CORRESPONDING AMENDMENTS LEGISLATION. Additional 36 35 legislation is required to fully implement division I of this 37 1 Act. The director of the department of education shall, in 37 2 compliance with section 2.16, prepare draft legislation for 37 3 submission to the legislative services agency, as necessary, 37 4 to implement the transition and elimination of authority and 37 5 duties under division I of this Act and to implement the 37 6 transition and elimination of authority and duties under other 37 7 provisions of law including but not limited to the duties and 37 8 authority of the department of education, the state board of 37 9 education, the director of the department of education, and any 37 10 division, commission, or subunit of such entities or offices 37 11 under chapters 7A, 7E, 8A, 8B, 8D, 8F, 11, 12, 15, 15H, 16, 19B, 37 12 22, 48A, 68B, 73, 80E, 84A, 85, 96, 99B, 125, 135, 139A, 141A, 37 13 142A, 154B, 154F, 161A, 190A, 216A, 218, 225B, 225C, 232, 234, 37 14 237, 237A, 237B, 239B, 241, 249A, 257, 261B, 307A, 321, 321J, 37 15 322, 350, 423E, 423F, 455A, 455E, 473, 514I, 714, and 904. 37 16 DIVISION III 37 17 EDUCATION FINANCE AND 37 18 EDUCATION SAVINGS GRANTS 37 19 Sec. 82. Section 8.6, Code 2015, is amended by adding the 37 20 following new subsection: 37 21 NEW SUBSECTION. 18. Education savings grant 37 22 applications. Adopt rules relating to applications for an 37 23 education savings grant pursuant to section 257.11B, including 37 24 application processing timelines, and required information for 37 25 submission by a parent or guardian. 37 26 Sec. 83. NEW SECTION. 257.1A Transfer of authority and 37 27 duties. 37 28 1. Beginning July 1, 2016, the authority and duties of 37 29 the department of education, the state board of education, 37 30 and the director of the department of education under this 37 31 chapter shall be transferred to the department of management 37 32 and the director of the department of management. Accordingly, 37 33 beginning July 1, 2016, all references to the department of 37 34 education under this chapter and references to the department 37 35 of education under other provisions of law relating to this 38 1 chapter shall mean the department of management and all 38 2 references to the state board of education or the director 38 3 of the department of education under this chapter or other 38 4 provisions of law relating to this chapter shall mean the 38 5 director of the department of management. 38 6 2. Any moneys remaining in any account or fund under the 38 7 control of the department of education at the conclusion of the 38 8 fiscal year beginning July 1, 2015, relative to the provisions 38 9 of this chapter shall be transferred to the control of the 38 10 department of management for such purposes. Notwithstanding 38 11 section 8.33, the moneys transferred in accordance with this 38 12 subsection shall not revert to the account or fund from which 38 13 appropriated or transferred. 38 14 3. Any contract entered into by the department of education 38 15 relating to the provisions of this chapter in effect at the 38 16 conclusion of the fiscal year beginning July 1, 2015, shall 38 17 continue in full force and effect pending transfer of such 38 18 contracts to the department of management. 38 19 4. Any rule, regulation, form, order, or directive 38 20 promulgated by the department of education relative to the 38 21 provisions of this chapter in existence at the conclusion of 38 22 the fiscal year beginning July 1, 2015, shall continue in full 38 23 force and effect until amended, repealed, or supplemented by 38 24 affirmative action of the department of management under the 38 25 duties and powers established in this chapter and under the 38 26 procedure established in subsection 5. 38 27 5. In regard to updating references and format in the Iowa 38 28 administrative code in order to correspond to the transferring 38 29 of duties of this chapter, the administrative rules coordinator 38 30 and the administrative rules review committee, in consultation 38 31 with the administrative code editor, shall jointly develop a 38 32 schedule for the necessary updating of the Iowa administrative 38 33 code. 38 34 Sec. 84. NEW SECTION. 257.11B Education savings grant 38 35 program. 39 1 1. Pupils eligible to enroll in grades kindergarten through 39 2 twelve or eligible to participate in a preschool program under 39 3 chapter 256C and attending a nonpublic school, receiving 39 4 competent private instruction under chapter 299A, or receiving 39 5 private preschool instruction shall be eligible to receive an 39 6 education savings grant in the manner provided in this section 39 7 for school years beginning on or after July 1, 2016. Education 39 8 savings grants shall be made available to parents and guardians 39 9 in the manner authorized under subsection 4, paragraph "c", for 39 10 the payment of qualified educational expenses as provided in 39 11 this section. 39 12 2. a. (1) By January 31 preceding the school year for 39 13 which the education savings grant is requested, the parent 39 14 or guardian of the pupil requesting to receive an education 39 15 savings grant shall submit an application to the department of 39 16 management, on application forms developed by the department 39 17 of management, indicating that the parent or guardian intends 39 18 to enroll the pupil in a nonpublic school, provide competent 39 19 private instruction for the pupil under chapter 299A, or 39 20 provide private preschool instruction. 39 21 (2) In addition to such information deemed appropriate by 39 22 the department of management, the application shall require 39 23 certification from the nonpublic school of the pupil's 39 24 enrollment for the following school year or a statement 39 25 indicating the parent or guardian's intent to provide or 39 26 arrange for competent private instruction or private preschool 39 27 instruction for the pupil for the following school year. 39 28 b. By March 1 preceding the school year for which the 39 29 education savings grant is requested, the department of 39 30 management shall notify the parent or guardian of each pupil 39 31 who is approved to receive an education savings grant and the 39 32 amount of the grant. 39 33 c. Education savings grants shall only be approved for one 39 34 school year and applications must be submitted under paragraph 39 35 "a" for education savings grants in subsequent school years. 40 1 3. a. The department of management shall assign each pupil 40 2 an education savings grant in an amount equal to the statewide 40 3 average regular program state foundation aid per pupil in the 40 4 same school year. However, for a pupil that is eligible to 40 5 participate in a preschool program under chapter 256C, the 40 6 amount of the grant shall be an amount equal to fifty percent 40 7 of the regular program state cost per pupil for the same school 40 8 year. 40 9 b. The department of management shall on July 1 following 40 10 the determination of the amount of the education savings grant 40 11 for each approved pupil transfer such amounts to the pupil's 40 12 account in the education savings grant fund established under 40 13 subsection 4. Such amount shall be available to the pupil's 40 14 parent or guardian in the manner authorized under subsection 40 15 4, paragraph "c", for the payment of qualified educational 40 16 expenses incurred by such persons for the pupil during that 40 17 school year. 40 18 4. An education savings grant fund is created in the state 40 19 treasury under the control of the department of management 40 20 consisting of moneys appropriated to the department for the 40 21 purpose of providing education savings grants under this 40 22 section. For the fiscal year commencing July 1, 2016, and 40 23 each succeeding fiscal year, there is appropriated from the 40 24 general fund of the state to the department of management to be 40 25 credited to the fund the amount necessary to pay all education 40 26 savings grants approved for that fiscal year. The director of 40 27 the department of management has all powers necessary to carry 40 28 out and effectuate the purposes, objectives, and provisions of 40 29 this section pertaining to the fund, including the power to do 40 30 all of the following: 40 31 a. Make and enter into contracts necessary for the 40 32 administration of the fund. 40 33 b. Procure insurance against any loss in connection with the 40 34 assets of the fund or require a surety bond. 40 35 c. Contract with a private financial management firm to 41 1 manage the fund, in collaboration with the treasurer of state, 41 2 including providing for the disbursement of education savings 41 3 grants in the form of an electronic debit card or checks that 41 4 are payable directly from the pupil's account within the fund. 41 5 d. Conduct audits or other review necessary to properly 41 6 administer the program. 41 7 e. Adopt rules pursuant to chapter 17A for the 41 8 administration of the fund and accounts within the fund. 41 9 5. a. For each pupil approved for an education savings 41 10 grant, the department of management shall establish an account 41 11 for that pupil in the education savings grant fund. The 41 12 amount of the pupil's education savings grant determined under 41 13 subsection 3 shall be deposited into the pupil's account on 41 14 July 1 and such amount shall be immediately available for the 41 15 payment of qualified educational expenses incurred by the 41 16 parent or guardian for the pupil during that fiscal year using 41 17 the payment method authorized under subsection 4, paragraph 41 18 "c". 41 19 b. A nonpublic school or other entity that accepts payment 41 20 from a parent or guardian using funds from a pupil's account in 41 21 the education savings grant fund shall not refund, rebate, or 41 22 share any portion of such payment with the parent, guardian, or 41 23 pupil. 41 24 c. Moneys remaining in a pupil's account upon conclusion 41 25 of the fiscal year shall remain in the pupil's account within 41 26 the education savings grant fund for the payment of qualified 41 27 educational expenses in future fiscal years or for the payment 41 28 of higher education costs under subsection 8. 41 29 6. For purposes of this section, "qualified educational 41 30 expenses" includes tuition and fees at a nonpublic school 41 31 or nonpublic preschool, textbooks, fees or payments for 41 32 tutoring or cognitive skills training, curriculum materials, 41 33 tuition or fees for nonpublic online education programs, 41 34 education materials and services for pupils with disabilities, 41 35 standardized test fees, fees required by the department not to 42 1 exceed for each grant recipient five percent of the total grant 42 2 amount in any fiscal year, and other expenses incurred by the 42 3 parent or guardian that are directly related to the education 42 4 of the pupil at a nonpublic preschool or a nonpublic school, 42 5 including a nonpublic school accredited by an independent 42 6 accrediting agency approved by the department of management, or 42 7 directly related to providing competent private instruction for 42 8 the pupil under chapter 299A or private preschool instruction. 42 9 The cost of one computer or other portable computing device 42 10 shall be allowed as a qualified educational expense for 42 11 a pupil if such a purchase has not been made using funds 42 12 from that pupil's account in either of the two immediately 42 13 preceding fiscal years. "Qualified educational expenses" do not 42 14 include transportation costs for the pupil, the cost of food 42 15 or refreshments consumed by the pupil, the cost of clothing 42 16 for the pupil, or the cost of disposable materials including 42 17 but not limited to paper, notebooks, pencils, pens, and art 42 18 supplies. 42 19 7. A person who makes a false claim for the purpose of 42 20 obtaining an education savings grant provided for in this 42 21 section or who knowingly receives the grant or makes a payment 42 22 from an account within the education savings grant fund 42 23 without being legally entitled to it is guilty of a fraudulent 42 24 practice. The false claim for an education savings grant or a 42 25 payment from an account shall be disallowed and if amounts from 42 26 the grant have been disbursed from the applicable account in 42 27 the education savings grant fund, the department of management 42 28 shall initiate legal proceedings to recover such amounts. A 42 29 parent or guardian, or a pupil for purposes of subsection 8, 42 30 who violates this subsection is prohibited from participating 42 31 in the education savings grant program in the future. 42 32 8. For each pupil with a positive balance in the pupil's 42 33 account in the education savings grant fund upon graduation 42 34 from high school or completion of an equivalent level of 42 35 competent private instruction under chapter 299A, the 43 1 department of management shall maintain such account in the 43 2 fund until the pupil is twenty=five years of age. Following 43 3 graduation from high school until the pupil is twenty=five 43 4 years of age, moneys in the pupil's account may be used for 43 5 higher education costs, as defined in section 12D.1, subsection 43 6 2, incurred by the pupil while attending an institution of 43 7 higher education under the control of the state board of 43 8 regents, a community college located in this state, or a 43 9 private college or university located in this state. Payments 43 10 from a pupil's account for higher education costs shall be 43 11 made in the same manner as payments for qualified educational 43 12 expenses under subsection 5. Moneys in a pupil's account when 43 13 the pupil turns twenty=five years of age shall be transferred 43 14 by the department of management for deposit in the general fund 43 15 of the state. 43 16 9. This section shall not be construed to authorize this 43 17 state or any political subdivision of this state to exercise 43 18 authority over any nonpublic school or pupil receiving 43 19 competent private instruction under chapter 299A or construed 43 20 to require a nonpublic school to modify its admissions or 43 21 educational program in order to receive payment from a parent 43 22 or guardian using funds from a pupil's account in the education 43 23 savings grant fund. A nonpublic school or entity providing 43 24 competent private instruction under chapter 299A, that accepts 43 25 payment from a parent or guardian using funds from a pupil's 43 26 account in the education savings grant fund is not an agent 43 27 of this state or other political subdivision of this state. 43 28 Rules adopted by the department of management to implement this 43 29 section that impose an undue burden on a nonpublic school or 43 30 entity providing competent private instruction under chapter 43 31 299A are invalid. 43 32 Sec. 85. APPLICABILITY. This division of this Act applies 43 33 to school budget years and fiscal years beginning on or after 43 34 July 1, 2016. 43 35 Sec. 86. EFFECTIVE DATE. The section of this division of 44 1 this Act enacting section 257.1A takes effect July 1, 2016. 44 2 DIVISION IV 44 3 CORRESPONDING AMENDMENTS LEGISLATION 44 4 Sec. 87. CORRESPONDING AMENDMENTS LEGISLATION. Additional 44 5 legislation is required to fully implement the section of 44 6 division III of this Act enacting section 257.1A. The director 44 7 of the department of education shall, in compliance with 44 8 section 2.16, prepare draft legislation for submission to the 44 9 legislative services agency, as necessary, to implement the 44 10 transition and elimination of authority and duties of the 44 11 department of education, the state board of education, and 44 12 director of the department of education under the section 44 13 of division III of this Act enacting section 257.1A and to 44 14 implement the transition and elimination of authority and 44 15 duties under other provisions of law. 44 16 EXPLANATION 44 17 The inclusion of this explanation does not constitute agreement with 44 18 the explanation's substance by the members of the general assembly. 44 19 This bill relates to education and school district funding 44 20 by modifying the duties and authority of certain state and 44 21 local governmental entities, establishing an education savings 44 22 grant program, and modifying the school district funding 44 23 formula. 44 24 Division I of the bill repeals Code chapter 256, which 44 25 establishes the department of education, establishes the office 44 26 of the director of the department of education, establishes 44 27 the state board of education, specifies certain educational 44 28 standards, establishes various education programs, establishes 44 29 certain councils and entities within the department of 44 30 education, includes provisions relating to the participation in 44 31 extracurricular activities, establishes the division of library 44 32 services, includes the library compact, and establishes the 44 33 public broadcasting division. 44 34 Division I of the bill also amends and repeals other chapters 44 35 of the Code relating to education to transition the duties and 45 1 authority of the department of education, the director of the 45 2 department of education, and the state board of education to 45 3 other specified local and state governmental entities beginning 45 4 July 1, 2016. 45 5 Division I of the bill takes effect July 1, 2016. 45 6 Division II of the bill provides that additional legislation 45 7 is required to fully implement division I of the bill and 45 8 requires the director of the department of education to prepare 45 9 draft legislation in compliance with Code section 2.16 for 45 10 submission to the legislative services agency, as necessary, 45 11 to implement the transition and elimination of authority and 45 12 duties under division I of the bill and to implement the 45 13 transition and elimination of authority and duties under other 45 14 provisions of law including but not limited to the duties and 45 15 authority of the department of education, the state board of 45 16 education, the director of the department of education, and any 45 17 division, commission, or subunit of such entities or offices 45 18 under specified Code chapters. 45 19 Division III of the bill provides that beginning July 45 20 1, 2016, the authority and duties of the department of 45 21 education, the state board of education, and the director 45 22 of the department of education under Code chapter 257 are 45 23 transferred to the department of management and the director 45 24 of the department of management. The bill also provides that 45 25 moneys remaining in any account or fund under the control of 45 26 the department of education at the conclusion of the fiscal 45 27 year beginning July 1, 2015, relative to the provisions of Code 45 28 chapter 257 are transferred to the control of the department 45 29 of management for such purposes. The bill provides that 45 30 any contract entered into by the department of education 45 31 relating to the provisions of Code chapter 257 in effect at 45 32 the conclusion of the fiscal year beginning July 1, 2015, 45 33 shall continue in full force and effect pending transfer of 45 34 such contracts to the department of management. The bill also 45 35 provides for the continuation of any rule, regulation, form, 46 1 order, or directive promulgated by the department of education 46 2 until amended, repealed, or supplemented by affirmative action 46 3 of the department of management. 46 4 Division III of the bill provides education savings grants 46 5 for pupils attending a nonpublic school, receiving competent 46 6 private instruction, or receiving private preschool instruction 46 7 and establishes an education savings grant fund. 46 8 Under division III of the bill, pupils eligible to enroll 46 9 in grades kindergarten through 12 or eligible to participate 46 10 in a preschool program under Code chapter 256C and attending a 46 11 nonpublic school, receiving competent private instruction under 46 12 Code chapter 299A, or receiving private preschool instruction 46 13 are eligible to receive an education savings grant for school 46 14 years beginning on or after July 1, 2016. By January 31 46 15 preceding the school year for which the education savings grant 46 16 is requested, the parent or guardian of the pupil requesting to 46 17 receive an education savings grant must submit an application 46 18 to the department of management. 46 19 Division III of the bill requires that by March 1 preceding 46 20 the school year for which the education savings grant is 46 21 requested, the department of management must notify the parent 46 22 or guardian of each pupil designated to receive an education 46 23 savings grant and the amount of the education savings grant. 46 24 Education savings grants may only be approved for one school 46 25 year and applications must be submitted for education savings 46 26 grants in subsequent school years. 46 27 The amount of each education savings grant is equal to the 46 28 statewide average regular program state foundation aid per 46 29 pupil in the same school year or in the case of a preschool 46 30 eligible pupil an amount equal to 50 percent of the regular 46 31 program state cost per pupil. 46 32 Division III of the bill creates an education savings 46 33 grant fund in the state treasury under the control of the 46 34 department of management consisting of moneys appropriated to 46 35 the department for the purpose of providing education savings 47 1 grants. For the fiscal year commencing July 1, 2016, and each 47 2 succeeding fiscal year, there is appropriated from the general 47 3 fund of the state to the department of management for deposit 47 4 in the fund the amount necessary to pay all education savings 47 5 grants approved for that fiscal year. For each pupil approved 47 6 for an education savings grant, the department of management 47 7 must establish an account for that pupil in the education 47 8 savings grant fund. The amount of the pupil's education 47 9 savings grant is deposited into the pupil's account on July 1 47 10 and such amount is available for use by parents and guardians 47 11 for the payment of qualified educational expenses, as defined 47 12 in the bill, incurred by the parent or guardian for the pupil 47 13 during that fiscal year. 47 14 Division III of the bill authorizes the department of 47 15 management to contract with a private financial management firm 47 16 to manage the education savings grant fund, in collaboration 47 17 with the treasurer of state, including providing for the 47 18 disbursement of education savings grants in the form of an 47 19 electronic debit card or checks that are payable directly from 47 20 the pupil's account within the fund. 47 21 Division III of the bill provides that moneys remaining in a 47 22 pupil's account upon the conclusion of the fiscal year shall 47 23 remain in the pupil's account within the education savings 47 24 grant fund for the payment of qualified educational expenses in 47 25 future fiscal years or for higher education costs as authorized 47 26 in the bill. 47 27 Under the division, for each pupil with a positive balance in 47 28 the pupil's account in the education savings grant fund upon 47 29 graduation from high school or completion of an equivalent 47 30 level of competent private instruction under Code chapter 47 31 299A, the department of management is required to maintain the 47 32 account in the fund until the pupil is 25 years old. Until 47 33 the pupil is 25 years old, moneys in the pupil's account may 47 34 be used by the pupil for higher education costs, as defined 47 35 in Code section 12D.1. Moneys in a pupil's account when the 48 1 pupil turns 25 years old are transferred by the department of 48 2 management for deposit in the general fund of the state. 48 3 Division III of the bill provides that a person who makes a 48 4 false claim for the purpose of obtaining an education savings 48 5 grant or who knowingly receives the grant or makes a payment 48 6 from an account within the education savings grant fund without 48 7 being legally entitled to it is guilty of a fraudulent practice 48 8 and is subject to a criminal penalty. The bill allows the 48 9 department of management to initiate legal proceedings to 48 10 recover grants and amounts improperly awarded or paid from 48 11 accounts under the bill. 48 12 The section of division III of the bill enacting Code section 48 13 257.1A takes effect July 1, 2016. Division III of the bill 48 14 applies to school budget years and fiscal years beginning on 48 15 or after July 1, 2016. 48 16 Division IV of the bill provides that additional legislation 48 17 is required to fully implement division III of the bill and 48 18 requires the director of the department of education to prepare 48 19 draft legislation in compliance with Code section 2.16 for 48 20 submission to the legislative services agency, as necessary, 48 21 to implement the transition and elimination of authority and 48 22 duties of the department of education pursuant to new Code 48 23 section 257.1A and to implement the transition and elimination 48 24 of authority and duties under other provisions of law. LSB 1801XS (20) 86 md/sc
