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:
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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 children approved by the department
2 19 of education to provide high quality preschool instruction.
2 20 2. "Department" means the department of education.
2 21 3. "Director" means the director of the department of
2 22 education.
2 23 4. 2. "Preschool program" means the statewide preschool
2 24 program for four=year=old children created in accordance with
2 25 this chapter.
2 26 5. 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.3 and has been
2 29 approved by the department to participate in the preschool
2 30 program.
2 31 6. "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 4 identified in rule by the department as 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 8 The 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 a Each local program implemented by
3 11 a school district approved to implement the preschool program
3 12 qualifies as an approved local program shall 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 visions and other programs provided 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 preschool Preschool foundation aid
4 22 funding received by the school district was shall 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 to child 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 program receives that
5 10 approval and implements 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 year determined 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 program receives that initial approval and implements
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, and two three 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 16 The department of education Each 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 the department of education board of directors of the
11 27 community college serving the merged area, accompanied by an
11 28 application fee in an amount prescribed by the department board
11 29 of directors of the community college. The test scores shall
11 30 be forwarded by the scorer of the test to the department board
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 the department, and approved by the state
12 2 board, board of directors of the community college shall be
12 3 issued a high school equivalency diploma by the department upon
12 4 payment of an additional amount determined in rules adopted by
12 5 the state board of education by 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 the director of the department of
12 19 education board of directors of the community college. The
12 20 treasurer of state shall be custodian of the funds paid to the
12 21 department community 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 28 The director of the department of education Each 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 the department of education, the department 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 the department of education
14 25 authority. 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 with the department of
14 31 education and the 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 the department of education economic
15 22 development authority. The moneys in the pathways for academic
15 23 career and employment fund are appropriated to the department
15 24 of education economic 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 The department of education authority, 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 the department of education economic
16 7 development authority. The funds in the gap tuition assistance
16 8 fund are appropriated to the department of education economic
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. The department of education, in consultation with the
16 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. The department of education economic 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. The department of education economic 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. The department of education economic 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 The department of education economic development authority,
17 4 in consultation with the economic development authority and the
17 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 34 In consultation with the state board of education, establish
19 35 Establish 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 with the department of education and
20 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 the state board of education governor.
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 shall cooperate with the state
20 25 board of education in developing develop 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 remaining nine ten 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. The nine ten 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 members and 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 teacher based 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 college or department of
23 15 education is 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 of education management 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 of education management,
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 of education management
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 of education management 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 of education management, 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 of education management 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 of education management, 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 superintendent and
33 17 the director of the department of education such 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 program defined 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