Bill Text: IA HF2216 | 2011-2012 | 84th General Assembly | Introduced

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Bill Title: A bill for an act modifying Iowa's human services and education systems to ensure that children start school ready to learn and to increase Iowa's student achievement rates, making appropriations to the department of education and for deposit in funds under the control of the department, and including effective date and applicability provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-07 - Subcommittee, L. Miller, Forristall, and Steckman. H.J. 217. [HF2216 Detail]

Download: Iowa-2011-HF2216-Introduced.html

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House File 2216 - Introduced
HOUSE FILE 2216
BY MURPHY
A BILL FOR
An Act modifying Iowa’s human services and education systems
to ensure that children start school ready to learn and
to increase Iowa’s student achievement rates, making
appropriations to the department of education and for
deposit in funds under the control of the department, and
including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
MANDATORY CHILD CARE REGISTRATION
Section 1. Section 135.173A, subsection 4, paragraph e,
Code Supplement 2011, is amended by striking the paragraph.
Sec. 2. Section 142D.2, subsection 13, Code 2011, is amended
to read as follows:
13. “Place of employment” means an area under the control of
an employer and includes all areas that an employee frequents
during the course of employment or volunteering, including but
not limited to work areas, private offices, conference and
meeting rooms, classrooms, auditoriums, employee lounges and
cafeterias, hallways, medical facilities, restrooms, elevators,
stairways and stairwells, and vehicles owned, leased, or
provided by the employer unless otherwise provided under this
chapter . “Place of employment” does not include a private
residence, unless the private residence is used as a child
care facility , a child care home, or as a health care provider
location.
Sec. 3. Section 142D.2, subsection 16, paragraphs t and u,
Code 2011, are amended to read as follows:
t. Private residences only when used as a child care
facility , a child care home, or health care provider location.
u. Child care facilities and child care homes .
Sec. 4. Section 142D.4, subsection 1, Code 2011, is amended
to read as follows:
1. Private residences, unless used as a child care facility ,
child care home, or a health care provider location.
Sec. 5. Section 237.1, subsection 4, paragraph d, Code 2011,
is amended to read as follows:
d. Child care furnished by a child care center , or a child
development home , or a child care home as defined in section
237A.1 .
Sec. 6. Section 237A.1, subsection 6, Code Supplement 2011,
is amended by striking the subsection.
Sec. 7. Section 237A.1, subsections 7 and 11, Code
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Supplement 2011, are amended to read as follows:
7. “Child development home” means a person or program
registered under section 237A.3A that may provide child care to
six one or more children at any one time.
11. “Involvement with child care” means licensed or
registered under this chapter , employed in a child care
facility, residing in a child care facility, receiving public
funding for providing child care, or providing child care as
a child care home provider, or residing in a with a person
receiving public funding for providing child care home .
Sec. 8. Section 237A.1, Code Supplement 2011, is amended by
adding the following new subsection:
NEW SUBSECTION . 14A. “Relative” means an adult person who
is, or was at any time, one of the following relatives of a
child, by means of blood relationship, marriage, or adoption,
or is a spouse of one of the following relatives:
a. Grandparent.
b. Great-grandparent.
c. Great-great-grandparent.
d. Stepparent, but not the parent of the stepparent.
e. Sibling.
f. Stepsibling.
g. Sibling by at least the half blood.
h. Uncle or aunt by at least the half blood.
i. Great-uncle or great-aunt.
j. Great-great-uncle or great-great-aunt.
k. First cousin.
l. Nephew or niece.
m. Second cousin.
Sec. 9. Section 237A.3A, subsection 1, paragraph a, Code
2011, is amended to read as follows:
a. A person shall not establish or operate a child
development home unless the person obtains a certificate of
registration. However, a relative who provides child care
to only related children or a person providing child care to
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only children from a single unrelated family is not required
to obtain a certificate of registration under this section.
The department shall issue a certificate of registration upon
receipt of a statement from the person or upon completion of
an inspection conducted by the department or a designee of the
department verifying that the person complies with applicable
rules adopted by the department pursuant to this section and
section 237A.12 .
Sec. 10. Section 237A.3B, Code 2011, is amended to read as
follows:
237A.3B Smoking prohibited.
Smoking, as defined in section 142D.2 , shall not be
permitted in a child care facility or child care home .
Sec. 11. Section 237A.5, subsection 2, paragraph a,
subparagraph (1), subparagraph division (e), Code 2011, is
amended to read as follows:
(e) The person will reside or resides in a child care home
that with a person who is not registered under this chapter but
that receives public funding for providing child care.
Sec. 12. Section 237A.5, subsection 2, paragraph b, Code
2011, is amended to read as follows:
b. If an individual person subject to a record check is
being considered for employment by a child care facility or
child care home provider , in lieu of requesting a record
check in this state to be conducted by the department under
paragraph “c” , the child care facility or child care home may
access the single contact repository established pursuant to
section 135C.33 as necessary to conduct a criminal and child
abuse record check of the individual in this state. A copy of
the results of the record check conducted through the single
contact repository shall also be provided to the department.
If the record check indicates the individual is a person
subject to an evaluation, the child care facility or child care
home may request that the department perform an evaluation as
provided in this subsection . Otherwise, the individual shall
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not be employed by the child care facility or child care home .
Sec. 13. Section 237A.5, subsection 2, paragraph d,
subparagraph (2), Code 2011, is amended to read as follows:
(2) Except as otherwise provided by law, the cost of a
national criminal history check conducted in accordance with
subparagraph (1) and the state record checks conducted in
accordance with paragraph “c” that are conducted in connection
with a person’s involvement with a child care center are not
the responsibility of the department. The department is
responsible for the cost of such checks conducted in connection
with a person’s involvement with a child development home or
child care home .
Sec. 14. Section 237A.5, subsection 2, paragraph d,
subparagraph (4), subparagraph division (b), Code 2011, is
amended to read as follows:
(b) Except for child development home providers who
voluntarily license and are addressed by subparagraph division
(a), and child development home providers participating in
the child care quality rating system at a level under which
national records checks are required in accordance with
departmental rule, the national record check requirement in
subparagraph (1) is not applicable in connection with a child
development home or child care home throughout the period.
Sec. 15. Section 237A.5, subsection 2, paragraph e,
subparagraph (2), Code 2011, is amended to read as follows:
(2) Prior to performing an evaluation, the department shall
notify the affected person, licensee, registrant, or child
care home person applying for or receiving public funding for
providing child care, that an evaluation will be conducted to
determine whether prohibition of the person’s involvement with
child care is warranted.
Sec. 16. Section 237A.5, subsection 2, paragraph h,
subparagraph (2), Code 2011, is amended to read as follows:
(2) If, within five years prior to the date of application
for registration or licensure under this chapter , for
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employment or residence in a child care facility or child care
home , or for receipt of public funding for providing child
care, a person subject to an evaluation has been convicted of
a controlled substance offense under chapter 124 or has been
found to have committed physical abuse, the person shall be
prohibited from involvement with child care for a period of
five years from the date of conviction or founded abuse. After
the five-year prohibition period, the person may submit an
application for registration or licensure under this chapter ,
or to receive public funding for providing child care or may
request an evaluation, and the department shall perform an
evaluation and, based upon the criteria in paragraph “g” , shall
determine whether prohibition of the person’s involvement with
child care continues to be warranted.
Sec. 17. Section 237A.5, subsection 2, paragraph j, Code
2011, is amended to read as follows:
j. If it has been determined that a child receiving child
care from a child care facility or a child care home from a
person who receives public funding for providing child care
or an individual residing with that person, is the victim
of founded child abuse committed by an employee, license or
registration holder, child care home provider, or resident of
the child care facility or child care home for which a report
is placed in the central registry pursuant to section 232.71D ,
the administrator shall provide notification at the time of
the determination to the parents, guardians, and custodians of
children receiving care from the child care facility or child
care home person who receives public funding for providing
child care . A notification made under this paragraph shall
identify the type of abuse but shall not identify the victim or
perpetrator or circumstances of the founded abuse.
Sec. 18. Section 237A.12, subsection 1, paragraph c, Code
Supplement 2011, is amended to read as follows:
c. The adequacy of activity programs and food services
available to the children. The department shall not restrict
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the use of or apply nutritional standards to a lunch or other
meal which is brought to the center, child development home, or
child care home facility by a school-age child for the child’s
consumption.
Sec. 19. Section 237A.13, subsection 2, Code 2011, is
amended to read as follows:
2. Services under the program may be provided in by a
licensed child care center, a child development home, the home
of a relative, the child’s own home by a relative or by a
provider who is licensed under this chapter , a child care home,
or in a facility exempt from licensing or registration under
the definition of child care in section 237A.1 .
Sec. 20. Section 237A.19, subsection 2, Code 2011, is
amended to read as follows:
2. If registration is required under section 237A.3A , a A
person who establishes, conducts, manages, or operates a child
development home without registering or a person who operates a
child development home contrary to section 237A.5 , or a person
who has been prohibited by the department from involvement
with child care but continues that involvement, commits a
simple misdemeanor. Each day of continuing violation after
conviction, or notice from the department by certified mail of
the violation, is a separate offense. A single charge alleging
continuing violation may be made in lieu of filing charges for
each day of violation.
Sec. 21. Section 237A.19, subsection 3, Code 2011, is
amended to read as follows:
3. A person who establishes, conducts, manages, or operates
a child care home in violation of section 237A.3, subsection
2 , or a person or program that has been prohibited by the
department from involvement with child care but continues
that involvement commits a simple misdemeanor. Each day of
continuing violation after conviction, or notice from the
department by certified mail of the violation, is a separate
offense. A single charge alleging continuing violation may be
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made in lieu of filing charges for each day of violation.
Sec. 22. Section 237A.26, subsection 3, paragraph a, Code
Supplement 2011, is amended to read as follows:
a. Organize assistance to child care homes and child care
facilities utilizing training levels based upon the child care
providers’ degrees of experience and interest.
Sec. 23. Section 237A.26, subsection 6, paragraph a, Code
Supplement 2011, is amended to read as follows:
a. Assist families in selecting quality child care. The
agency must provide referrals to registered and licensed child
care facilities, and to persons providing care, supervision,
and guidance of a child which is not defined as child care
under section 237A.1 and may provide referrals to unregistered
providers .
Sec. 24. Section 237A.26, subsection 8, Code Supplement
2011, is amended to read as follows:
8. For purposes of improving the quality and consistency
of data collection, consultation, and other support to child
care home and child development home providers, a resource and
referral services agency grantee shall coordinate and assist
with publicly and privately funded efforts administered at
the community level to provide the support. The support and
efforts addressed by a grantee may include but are not limited
to community-funded child care home and child development home
consultants. Community members involved with the assistance
may include but are not limited to the efforts of an early
childhood Iowa area board under chapter 256I , and of community
representatives of education, health, human services, business,
faith, and public interests.
Sec. 25. REPEAL. Section 237A.3, Code 2011, is repealed.
DIVISION II
SCHOOL AID PROVISIONS
Sec. 26. Section 257.2, subsection 1, Code 2011, is amended
to read as follows:
1. “Allowable growth” means the amount by which state cost
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per pupil and district cost per pupil will increase from one
budget year to the next as a result of the state percent of
growth or the categorical state percent of growth .
Sec. 27. Section 257.2, subsection 5, Code 2011, is amended
to read as follows:
5. “Combined district cost per pupil” is an amount
determined by adding together the regular program district
cost per pupil for a year and the special education support
services district cost per pupil for that year as calculated
under section 257.10 .
Sec. 28. Section 257.9, subsections 7 and 10, Code 2011, are
amended to read as follows:
7. Professional development supplement state cost per pupil.
a. For the budget year beginning July 1, 2009, for the
professional development supplement state cost per pupil, the
department of management shall add together the professional
development allocation made to each district for the fiscal
year beginning July 1, 2008, pursuant to section 284.13,
subsection 1, paragraph “d” , Code 2009 , and divide that sum
by the statewide total budget enrollment for the fiscal year
beginning July 1, 2009.
b. The professional development supplement state cost
per pupil for the budget year beginning July 1, 2010, and
succeeding budget years beginning before July 1, 2012 , shall
be the amount calculated by the department of management under
this subsection for the base year plus an allowable growth
amount that is equal to the professional development supplement
categorical state percent of growth, pursuant to section
257.8, subsection 2 , for the budget year, multiplied by the
amount calculated by the department of management under this
subsection for the base year.
c. The professional development supplement state cost per
pupil for the budget year beginning July 1, 2012, shall be
the amount calculated by the department of management under
this subsection for the base year, plus sixty dollars, plus
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an allowable growth amount that is equal to the professional
development supplement categorical state percent of growth,
pursuant to section 257.8, subsection 2, for the budget year,
multiplied by the amount calculated by the department of
management under this subsection for the base year.
d. The professional development supplement state cost
per pupil for the budget year beginning July 1, 2013, and
succeeding budget years, shall be the amount calculated by
the department of management under this subsection for the
base year plus an allowable growth amount that is equal to
the professional development supplement categorical state
percent of growth, pursuant to section 257.8, subsection 2, for
the budget year, multiplied by the amount calculated by the
department of management under this subsection for the base
year.
10. Area education agency professional development supplement
state cost per pupil.
a. For the budget year beginning July 1, 2009, for the area
education agency professional development supplement state cost
per pupil, the department of management shall add together the
professional development allocation made to each area education
agency for the fiscal year beginning July 1, 2008, pursuant to
section 284.13, subsection 1, paragraph “d” , Code 2009 , and
divide that sum by the statewide special education support
services weighted enrollment for the fiscal year beginning July
1, 2009.
b. The area education agency professional development
supplement state cost per pupil for the budget year beginning
July 1, 2010, and succeeding budget years beginning before
July 1, 2012 , shall be the amount calculated by the department
of management under this subsection for the base year plus
an allowable growth amount that is equal to the professional
development supplement categorical state percent of growth,
pursuant to section 257.8, subsection 2 , for the budget year,
multiplied by the amount calculated by the department of
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management under this subsection for the base year.
c. The area education agency professional development
supplement state cost per pupil for the budget year beginning
July 1, 2012, shall be the amount calculated by the department
of management under this subsection for the base year, plus
three dollars, plus an allowable growth amount that is equal
to the professional development supplement categorical state
percent of growth, pursuant to section 257.8, subsection 2, for
the budget year, multiplied by the amount calculated by the
department of management under this subsection for the base
year.
d. The area education agency professional development
supplement state cost per pupil for the budget year beginning
July 1, 2013, and succeeding budget years, shall be the
amount calculated by the department of management under this
subsection for the base year plus an allowable growth amount
that is equal to the professional development supplement
categorical state percent of growth, pursuant to section
257.8, subsection 2, for the budget year, multiplied by the
amount calculated by the department of management under this
subsection for the base year.
Sec. 29. Section 257.10, subsection 10, paragraph a, Code
2011, is amended to read as follows:
a. (1) For the budget year beginning July 1, 2009,
the department of management shall divide the professional
development allocation made to each district for the fiscal
year beginning July 1, 2008, pursuant to section 284.13,
subsection 1, paragraph “d” , Code 2009 , by the district’s
budget enrollment in the fiscal year beginning July 1, 2009,
to determine the professional development supplement cost per
pupil.
(2) For the budget year beginning July 1, 2010, and
succeeding budget years beginning before July 1, 2012 , the
professional development supplement district cost per pupil
for each school district for a budget year is the professional
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development supplement district cost per pupil for the base
year plus the professional development supplement state
allowable growth amount for the budget year.
(3) For the budget year beginning July 1, 2012, the
professional development supplement district cost per pupil
for each school district for a budget year is the professional
development supplement district cost per pupil for the base
year plus the professional development supplement state
allowable growth amount for the budget year, plus sixty
dollars.
(4) For the budget year beginning July 1, 2013, and
succeeding budget years, the professional development
supplement district cost per pupil for each school district
for a budget year is the professional development supplement
district cost per pupil for the base year plus the professional
development supplement state allowable growth amount for the
budget year.
Sec. 30. Section 257.37A, subsection 2, paragraph a, Code
2011, is amended to read as follows:
a. (1) For the budget year beginning July 1, 2009, the
department of management shall divide the area education agency
professional development supplement made to each area education
agency for the fiscal year beginning July 1, 2008, pursuant
to section 284.13, subsection 1, paragraph “d” , Code 2009 , by
the special education support services weighted enrollment
in the fiscal year beginning July 1, 2009, to determine the
professional development supplement cost per pupil.
(2) For the budget year beginning July 1, 2010, and
succeeding budget years beginning before July 1, 2012 , the area
education agency professional development supplement district
cost per pupil for each area education agency for a budget
year is the area education agency professional development
supplement district cost per pupil for the base year plus the
area education agency professional development supplement state
allowable growth amount for the budget year.
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(3) For the budget year beginning July 1, 2012, the area
education agency professional development supplement district
cost per pupil for each area education agency for a budget
year is the area education agency professional development
supplement district cost per pupil for the base year plus the
area education agency professional development supplement
state allowable growth amount for the budget year, plus three
dollars.
(4) For the budget year beginning July 1, 2013, and
succeeding budget years, the area education agency professional
development supplement district cost per pupil for each area
education agency for a budget year is the area education agency
professional development supplement district cost per pupil
for the base year plus the area education agency professional
development supplement state allowable growth amount for the
budget year.
Sec. 31. Section 284.6, subsections 3 and 8, Code Supplement
2011, are amended to read as follows:
3. A school district shall incorporate a district
professional development plan into the district’s comprehensive
school improvement plan submitted to the department in
accordance with section 256.7, subsection 21 . The district
professional development plan shall include a description of
the means by which the school district will provide access
to all teachers in the district to professional development
programs or offerings that meet the requirements of subsection
1 . The plan shall align all professional development with
the school district’s long-range student learning goals and
the Iowa teaching standards. The plan shall indicate the
school district’s approved professional development provider
or providers. The plan shall provide, for the fiscal year
beginning July 1, 2012, and each fiscal year thereafter, an
amount of time for professional development equivalent to the
amount of time the school district provided for professional
development for teachers for the 2011-2012 school year plus the
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equivalent of at least three additional contract days.
8. a. For each year in which a school district receives
and area education agency receive funds calculated and
paid to school districts and area education agencies for
professional development pursuant to section 257.10, subsection
10 , or section 257.37A, subsection 2 , the school district
and area education agency shall create quality professional
development opportunities. The goal for the use of the funds
is to provide one additional contract day or the equivalent
thereof for professional development and use of the funds is
limited to providing professional development to teachers,
including additional salaries for time beyond the normal
negotiated agreement; pay for substitute teachers, professional
development materials, speakers, and professional development
content; and costs associated with implementing the individual
professional development plans. The use of the funds shall
be balanced between school district, attendance center,
and individual professional development plans, making every
reasonable effort to provide equal access to all teachers.
b. For the fiscal year beginning July 1, 2012, and each
succeeding fiscal year in which a school district and area
education agency receive funds calculated and paid to school
districts and area education agencies for professional
development pursuant to section 257.10, subsection 10,
or section 257.37A, subsection 2, the school district and
area education agency shall provide an amount of time for
professional development equivalent to the amount of time
the school district and area education agency provided for
professional development for teachers for the 2011-2012 school
year plus the equivalent of at least three additional contract
days.
Sec. 32. STATE MANDATE FUNDING SPECIFIED. In accordance
with section 25B.2, subsection 3, the state cost of requiring
compliance with any state mandate included in this division
of this Act shall be paid by a school district from state
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school foundation aid received by the school district under
section 257.16. This specification of the payment of the state
cost shall be deemed to meet all of the state funding-related
requirements of section 25B.2, subsection 3, and no additional
state funding shall be necessary for the full implementation of
this division of this Act by and enforcement of this division
of this Act against all affected school districts.
DIVISION III
GENERAL EDUCATION PROVISIONS
Sec. 33. Section 256C.5, subsection 1, paragraph c, Code
Supplement 2011, is amended to read as follows:
c. “Preschool budget enrollment” means the figure that
is equal to fifty sixty percent of the actual enrollment of
eligible students in the preschool programming provided by
a school district approved to participate in the preschool
program on October 1 of the base year, or the first Monday in
October if October 1 falls on a Saturday or Sunday.
Sec. 34. Section 257.31, subsection 5, unnumbered paragraph
1, Code Supplement 2011, is amended to read as follows:
If a district has unusual circumstances, creating an unusual
need for additional funds, including but not limited to the
circumstances enumerated in paragraphs “a” through “n” “o” ,
the committee may grant supplemental aid to the district from
any funds appropriated to the department of education for the
use of the school budget review committee for the purposes of
this subsection . The school budget review committee shall
review a school district’s unexpended fund balance prior to
any decision regarding unusual finance circumstances. Such
aid shall be miscellaneous income and shall not be included in
district cost. In addition to or as an alternative to granting
supplemental aid the committee may establish a modified
allowable growth for the district by increasing its allowable
growth. The school budget review committee shall review a
school district’s unspent balance prior to any decision to
increase modified allowable growth under this subsection .
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Sec. 35. Section 257.31, subsection 5, Code Supplement
2011, is amended by adding the following new paragraph:
NEW PARAGRAPH . o. Unusual need for additional funds for
returning dropout and dropout prevention programming pursuant
to section 257.41, subsection 1.
Sec. 36. Section 257.38, subsection 2, Code 2011, is amended
to read as follows:
2. Program plans shall identify the parts of the plan that
will be implemented first upon approval of the request. If
a district is requesting to use modified allowable growth to
finance the program, the school district shall not identify
more than five seven percent of its budget enrollment for the
budget year as returning dropouts and potential dropouts.
Sec. 37. Section 257.41, Code 2011, is amended to read as
follows:
257.41 Funding for programs for returning dropouts and
dropout prevention.
1. Budget. a. The budget of an approved program for
returning dropouts and dropout prevention for a school
district, after subtracting funds received from other sources
for that purpose, shall be funded annually on a basis of
one-fourth or more from the district cost of the school
district and up to three-fourths by an increase in allowable
growth as defined in section 257.8 . Annually, the department
of management shall establish a modified allowable growth for
each such school district equal to the difference between the
approved budget for the program for returning dropouts and
dropout prevention for that district and the sum of the amount
funded from the district cost of the school district plus funds
received from other sources.
b. If the board of directors of a school district determines
that funding provided under paragraph “a” is insufficient to
meet the returning dropout and dropout prevention programming
needs of the school district, the board may submit a request
for additional modified allowable growth to the school budget
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review committee under section 257.31, subsection 5, paragraph
“o” .
2. Appropriate uses of funding. Appropriate uses of the
returning dropout and dropout prevention program funding
include but are not limited to the following:
a. Salary and benefits for instructional staff,
instructional support staff, and school-based youth services
staff who are working with students who are participating
in dropout prevention programs, alternative programs, and
alternative schools if the staff person’s time is dedicated to
working with returning dropouts or students who are deemed,
at any time during the school year, to be at risk of dropping
out, in order to provide services beyond those services which
are provided by the school district to students who are not
identified as at risk of dropping out. However, if the staff
person works part-time with students who are participating in
returning dropout and dropout prevention programs, alternative
programs, and alternative schools and has another unrelated
staff assignment, only the portion of the staff person’s time
that is related to the returning dropout and dropout prevention
program, alternative program, or alternative school may be
charged to the program.
b. Professional development for all teachers and staff
working with at-risk students and programs involving dropout
prevention strategies.
c. Research-based resources, materials, software, supplies,
and purchased services that meet all of the following criteria:
(1) Meet the needs of kindergarten through grade twelve
students identified as at risk of dropping out and of returning
dropouts.
(2) Are beyond those provided by the regular school program.
(3) Are necessary to provide the services listed in the
school district’s dropout prevention plan.
(4) Will remain with the kindergarten through grade twelve
returning dropout and dropout prevention program.
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d. Up to five percent of the total budgeted amount received
pursuant to subsection 1, paragraph “a” , may be used for
purposes of providing district-wide or building-wide returning
dropout and dropout prevention programming targeted to students
who are not deemed at risk of dropping out.
Sec. 38. Section 260C.18A, subsection 2, Code Supplement
2011, is amended by adding the following new paragraph:
NEW PARAGRAPH . j. Development and implementation of
the national career readiness certificate and the skills
certification system endorsed by the national association of
manufacturers.
Sec. 39. Section 260H.2, Code Supplement 2011, is amended
to read as follows:
260H.2 Pathways for academic career and employment program
—— fund —— appropriation .
1. Program established. A pathways for academic career
and employment program is established to provide funding
to community colleges for the development of projects in
coordination with the economic development authority, the
department of education, Iowa workforce development, regional
advisory boards established pursuant to section 84A.4 , and
community partners to implement a simplified, streamlined, and
comprehensive process, along with customized support services,
to enable eligible participants to acquire effective academic
and employment training to secure gainful, quality, in-state
employment.
2. Fund created. A pathways for academic career and
employment fund is created in the state treasury under the
control of the department of education consisting of moneys
appropriated to the department for purposes of funding the
cost of projects under the program established pursuant to
subsection 1. Notwithstanding section 8.33, moneys in the fund
at the end of a fiscal year shall not revert to the general
fund of the state but shall be used for purposes of the fund.
Notwithstanding section 12C.7, subsection 2, interest or
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earnings on moneys in the fund shall be credited to the fund.
3. Fund appropriation. There is appropriated from the
general fund of the state to the pathways for academic career
and employment fund for the fiscal year beginning July 1, 2012,
and each succeeding fiscal year, the sum of three million
dollars for purposes of implementing the pathways for academic
career and employment program in accordance with this section.
Sec. 40. NEW SECTION . 260I.12 Gap tuition assistance fund
—— appropriation.
1. A gap tuition assistance fund is created in the state
treasury under the control of the department of education for
purposes of the gap tuition assistance program established
in section 260I.2. Notwithstanding section 8.33, moneys in
the fund at the end of a fiscal year shall not revert to the
general fund of the state but shall be used for purposes of the
fund. Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys in the fund shall be credited to the fund.
2. There is appropriated from the general fund of the
state to the gap tuition assistance fund for the fiscal year
beginning July 1, 2012, and each succeeding fiscal year, the
sum of two million dollars for the purposes of implementing the
gap tuition assistance program pursuant to this chapter.
Sec. 41. Section 272.9A, subsections 1 and 3, Code 2011, are
amended to read as follows:
1. Beginning July 1, 2007, requirements Requirements for
administrator licensure beyond an initial license shall include
completion the following:
a. Completion of a beginning administrator mentoring and
induction program and demonstration of competence on the
administrator standards adopted pursuant to section 284A.3 .
b. At least five years of successful classroom experience
as a licensed teacher.
3. a. An administrator formerly employed by an accredited
nonpublic school or formerly employed as an administrator in
another state or country is exempt from the mentoring and
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induction requirement under subsection 1 if the administrator
can document two years of successful administrator experience ,
at least five years of successful classroom experience as a
licensed teacher, and meet or exceed the requirements contained
in rules adopted pursuant to this chapter for endorsement and
licensure. However, if
b. If an administrator cannot document two years of
successful administrator experience meet the requirements of
paragraph “a” when hired by a school district, the administrator
shall meet the requirements of subsection 1 .
Sec. 42. Section 299.1A, Code 2011, is amended to read as
follows:
299.1A Compulsory attendance age.
A child who has reached the age of six and is under sixteen
eighteen years of age by September 15 is of compulsory
attendance age. However, if a child enrolled in a school
district or accredited nonpublic school reaches the age of
sixteen eighteen on or after September 15, the child remains of
compulsory age until the end of the regular school calendar.
Sec. 43. Section 299.1B, Code 2011, is amended to read as
follows:
299.1B Failure to attend —— driver’s license.
A person who is of compulsory attendance age, is not exempt
under section 299.2, and does not attend a public school, an
accredited nonpublic school, competent private instruction in
accordance with the provisions of chapter 299A , an alternative
school, or adult education classes shall not receive an
intermediate or full driver’s license until age eighteen.
Sec. 44. NEW SECTION . 299.14 School district dropout
prevention measures.
1. The board of directors of each school district shall
take every opportunity to prevent students from dropping out of
school. Actions which a school district may take to prevent
students from dropping out of school include but are not
limited to general education interventions, alternative program
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placement, alternative school placement, provision of support
and supplemental services, individual and family intervention
or therapy, truancy mediation, and coordination with other
student support services.
2. The board of directors of each school district shall
make every effort to align and maximize funding streams that
may be used to support students who are at risk of dropping out
of school.
Sec. 45. Section 321.213B, Code 2011, is amended to read as
follows:
321.213B Suspension for failure to attend.
1. The department shall establish procedures by rule for
suspending the license of a juvenile who has been issued a
driver’s license and is not in compliance with the requirements
of section 299.1B or issuing the juvenile a restricted license
under section 321.178 .
2. Upon receipt of proof of high school graduation from
a person whose intermediate or full driver’s license was
suspended or revoked pursuant to section 299.1B, the department
may reinstate the person’s license. Notwithstanding section
321.191, subsection 8, the fee for reinstatement of a license
pursuant to this subsection shall be twenty-five dollars.
Sec. 46. Section 422.11S, subsection 7, paragraph a,
subparagraph (2), Code Supplement 2011, is amended to read as
follows:
(2) “Total approved tax credits” means for the tax year
beginning in the 2006 calendar year, two million five hundred
thousand dollars, for the tax year beginning in the 2007
calendar year, five million dollars, and for tax years
beginning on or after January 1, 2008, seven million five
hundred thousand dollars . However , for tax years beginning on
or after January 1, 2012, and only if legislation is enacted
by the Eighty-fourth General Assembly, 2011 session, amending
section 257.8, subsections 1 and 2 , to establish both the state
percent of growth and the categorical state percent of growth
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for the budget year beginning July 1, 2012, at two percent,
“total approved tax credits” means eight million seven hundred
fifty thousand dollars , and for tax years beginning on or after
January 1, 2014, ten million dollars .
Sec. 47. STATE MANDATE FUNDING SPECIFIED. In accordance
with section 25B.2, subsection 3, the state cost of requiring
compliance with any state mandate included in this division of
this Act shall be paid by a school district from state school
foundation aid received by the school district under section
257.16 and moneys appropriated in this division of this Act.
This specification of the payment of the state cost shall be
deemed to meet all of the state funding-related requirements of
section 25B.2, subsection 3, and no additional state funding
shall be necessary for the full implementation of this division
of this Act by and enforcement of this division of this Act
against all affected school districts.
Sec. 48. EFFECTIVE UPON ENACTMENT. The section of this
division of this Act amending section 256C.5, subsection 1,
takes effect upon enactment.
Sec. 49. APPLICABILITY. The section of this division of
this Act amending section 256C.5, subsection 1, applies to
budget years beginning on or after July 1, 2012.
DIVISION IV
APPROPRIATIONS
Sec. 50. There is appropriated from the general fund of
the state to the department of education for the fiscal year
beginning July 1, 2012, and ending June 30, 2013, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
1. EARLY CHILDHOOD IOWA FUND —— FAMILY SUPPORT AND PARENT
EDUCATION
For deposit in the school ready children grants account of
the early childhood Iowa fund created in section 256I.11:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,364,434
The amount appropriated in this subsection shall be used for
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family support services and parent education programs targeted
to families expecting a child or with newborn and infant
children through age five and shall be distributed using the
distribution formula approved by the early childhood Iowa state
board and shall be used by an early childhood Iowa area board
only for family support services and parent education programs
targeted to families expecting a child or with newborn and
infant children through age five.
2. AFTER SCHOOL PILOT PROGRAM
For implementation of after school pilot programs at the
10 school district attendance centers whose average composite
scores on the Iowa test of educational development accounted
for the lowest average composite scores for attendance centers
statewide in subject areas and at grade levels as determined
by the department:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000
a. The department shall work with each school district
that has such a low-performing attendance center to implement
an after school pilot program at the attendance center. The
amount of a grant awarded to a school district to implement
the pilot program at the school district’s attendance center
in accordance with this subsection shall be not less than
$100,000. Moneys appropriated pursuant to this subsection may
be expended for purposes that include but are not limited to
tutoring and supplementing instruction in basic skills, such
as reading, math, and science; drug and violence prevention
curricula and counseling; youth leadership activities;
volunteer and service learning opportunities, including but not
limited to providing health care services for pilot program
volunteers who until retirement were employed full-time by the
state or a political subdivision as police or fire fighters or
to provide human services programs and services to the public;
career and vocational awareness preparation; courses and
enrichment in arts and culture; computer instruction; character
development and civic participation; language instruction,
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including English as a second language; mentoring; positive
interaction with law enforcement; supervised recreation
programs; and health and nutrition programs. The department
and each participating school district shall make every effort
to leverage additional funding from other public and private
sources to support the pilot program.
b. Upon completion of the pilot program, each participating
school district shall submit a report to the department
regarding the impact of the program on student academic
achievement. The department shall prepare a report summarizing
these results, and compare them to student academic achievement
gains in similar attendance centers in school districts that
did not participate in the program. The department shall
submit its report, including its findings and recommendations,
to the general assembly by July 1, 2015.
3. EDUCATION PROGRAM EFFECTIVENESS STUDY
For issuance of a contract to study the effectiveness of the
state’s prekindergarten through grade 12 educational program
provided pursuant to section 256.11:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000
The department shall conduct a study of the effectiveness
of the educational program offered by school districts as
required pursuant to section 256.11. The department shall
issue a request for proposals to select a qualified provider
who shall track from age 18 to age 21 a random sampling of
students who were enrolled only in Iowa school districts until
high school graduation. The department shall submit a copy of
the provider’s report, along with the department’s findings and
recommendations, to the general assembly not later than October
1, 2017.
4. HIGH SCHOOL EQUIVALENCY DIPLOMAS —— ADULT BASIC
EDUCATION AND LITERACY
For purposes of administering, providing test materials,
scoring of examinations, and issuance of high school
equivalency diplomas under chapter 259A; adult basic education
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programs offered by community colleges; and the continued
implementation of the adult literacy for the workforce in Iowa
program administered by the department:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000
5. STATEWIDE WORK-BASED LEARNING INTERMEDIARY NETWORK FUND
For deposit in the statewide work-based learning
intermediary network fund created in section 256.40:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000
6. WORKFORCE TRAINING AND ECONOMIC DEVELOPMENT FUNDS
For deposit in the workforce training and economic
development funds created pursuant to section 260C.18A:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,000,000
EXPLANATION
This bill modifies Iowa’s human services and education
systems to ensure that children start school ready to learn and
to increase Iowa’s student achievement rates.
DIVISION I. The bill requires registration of home child
care providers. Code section 237A.1, providing definitions,
is amended to define the term “relative” to mean an adult
person who is, or was at any time, one of a child’s relatives
that is listed in the bill, by means of blood relationship,
marriage, or adoption, or is a spouse of one of the relatives
listed in the bill. The list of relatives includes siblings,
grandparents, cousins, aunts, and uncles.
Under current law in Code section 237A.3, a person or program
providing child care to five children or fewer at any one time
is a child care home provider and is not required to register
under Code section 237A.3A as a child development home. The
bill repeals Code section 237A.3 and revises the definition of
child development home to mean care provided to one or more
children. The bill provides an exemption to the registration
requirement for a relative who provides child care to only
related children or a person providing child care to only
children from a single unrelated family.
References to the term “child care home” are eliminated in
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various Code provisions.
DIVISION II. The bill provides for an increase in the
amount generated by the professional development supplement
categorical under the school aid formula, calculated to
provide school districts with funding for three additional days
of professional development, which the bill directs school
districts to include in their district professional development
plan. The bill includes technical and conforming changes.
The division may include a state mandate as defined in Code
section 25B.3. The division requires that the state cost of
any state mandate included in the division be paid by a school
district from state school foundation aid received by the
school district under Code section 257.16. The specification
is deemed to constitute state compliance with any state mandate
funding-related requirements of Code section 25B.2. The
inclusion of this specification is intended to reinstate the
requirement of political subdivisions to comply with any state
mandates included in the division.
DIVISION III. The bill amends the term “preschool budget
enrollment”, effective upon enactment, to mean 60 percent of
the actual enrollment of eligible students in the preschool
programming provided by a school district for budget years
beginning July 1, 2012. The general assembly reduced the
percentage amount from 60 percent to 50 percent in the 2011
legislative session for budget years beginning on or after July
1, 2011. The term “preschool budget enrollment” is used in
determining the amount of preschool foundation aid a school
district may receive.
The bill increases from five to seven the percentage of its
budget enrollment that the district identifies as returning
dropouts and potential dropouts when requesting to use modified
allowable growth to finance programs for returning dropouts and
dropout prevention. The bill also specifies the appropriate
uses of such funding by school districts, including salary and
benefits for instructional staff, instructional support staff,
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and school-based youth services staff who are working with
students who are participating in dropout prevention programs,
alternative programs, and alternative schools if the staff
person’s time is dedicated to working with returning dropouts
or students who are deemed to be at risk of dropping out, to
provide services beyond those provided by the school district
to students generally; professional development for all
teachers and staff working with at-risk students and programs
involving dropout prevention strategies; and research-based
resources, materials, software, supplies, and purchased
services that meet criteria specified in the bill.
The bill allows the school board to submit a request to
the school budget review committee for additional modified
allowable growth if the funds generated under Code section
257.41 are insufficient to meet the dropout programming needs
of the district. The bill also permits school districts to use
up to 5 percent of the total amount of the funds received that
are generated by a formula established in Code, for purposes of
providing district-wide or building-wide returning dropout and
dropout prevention programming targeted to students who are not
deemed at risk of dropping out.
The bill creates two funds in the state treasury under the
control of the department of education: (1) The pathways for
academic career and employment fund for projects developed
under the pathways for academic career and employment program
and provides a standing appropriation of $3 million to the
fund; and (2) A gap tuition assistance fund for purposes of
the gap tuition assistance program, and provides a standing
appropriation of $2 million to the fund.
The bill also allows funds in the workforce training and
economic development funds to be used for development and
implementation of the national career readiness certificate
and the skills certification system endorsed by the national
association of manufacturers.
The bill increases administrator licensing requirements by
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providing that applicants for a standard license must have
at least five years of successful classroom experience as a
licensed teacher.
The bill requires that a school district’s professional
development plan provide, beginning July 1, 2012, and each
year thereafter, three more contract days for professional
development than the district provided in school year
2011-2012.
The bill raises the compulsory school attendance age from 16
to 18. The bill requires each school district to make every
effort to prevent students from dropping out of school, and to
align and maximize funding streams that may be used to support
students who are at risk of dropping out of school.
The bill includes technical amendments to eliminate a
reference to the compulsory attendance age for purposes of dual
enrollment.
The department of transportation is directed to reinstate,
upon receipt of proof of high school graduation from a person
whose intermediate or full driver’s license was suspended or
revoked because the person was truant, the person’s license for
a fee of $25, notwithstanding a current Code provision that
permits the department to charge a fee of $20 for reinstatement
of a license.
The total approved amount of school tuition organization tax
credits for tax years beginning on or after January 1, 2012,
is currently $8.75 million. The bill sets the amount for tax
years beginning on or after January 1, 2014, at $10 million.
The division may include a state mandate as defined in
Code section 25B.3. The division requires that the state
cost of any state mandate included in the division be paid by
a school district from state school foundation aid received
by the school district under Code section 257.16 and moneys
appropriated in the division. The specification is deemed
to constitute state compliance with any state mandate
funding-related requirements of Code section 25B.2. The
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inclusion of this specification is intended to reinstate the
requirement of political subdivisions to comply with any state
mandates included in the division.
DIVISION IV. The bill appropriates for the 2012-2013 fiscal
year $22,364,434 to the department of education for deposit in
the school ready children grants account of the early childhood
Iowa fund. As in years past, the amount appropriated must be
used for family support services and parent education programs
targeted to families expecting a child or with newborn and
infant children through age five and shall be distributed using
the distribution formula approved by the early childhood Iowa
state board and shall be used by an early childhood Iowa area
board only for family support services and parent education
programs targeted to families expecting a child or with newborn
and infant children through age five.
The bill also appropriates $1 million to the department
for FY 2012-2013 for implementation of after school pilot
programs at the 10 school district attendance centers whose
average composite scores on the Iowa test of educational
development accounted for the lowest average composite scores
for attendance centers statewide in subject areas and at grade
levels as determined by the department. Moneys appropriated
may be expended for the same purposes as provided under a
before and after school grant program established in Code
section 256.26, but may also be used to provide health care
services for pilot program volunteers who until retirement were
employed full-time by the state or a political subdivision as
police or fire fighters or to provide human services programs
and services to the public. The department shall prepare a
report summarizing the pilot program results and comparing them
to student academic achievement gains in similar attendance
centers in school districts that did not participate in the
program, and shall submit the report to the general assembly by
July 1, 2015.
In addition, the bill appropriates $250,000 to the
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department for issuance of a contract to study the
effectiveness of the state’s prekindergarten through grade 12
educational program. The department shall issue a request
for proposals to select a qualified provider who shall
track from age 18 to age 21 a random sampling of students
who were enrolled only in Iowa school districts until high
school graduation. The department shall submit a copy of the
provider’s report, along with the department’s findings and
recommendations, to the general assembly not later than October
1, 2017.
Finally, the bill appropriates from the general fund of the
state to the department of education for the 2012-2013 fiscal
year $1.5 million for purposes of administering, providing
test materials, scoring of examinations, and issuance of high
school equivalency diplomas under Code chapter 259A, adult
basic education programs offered by community colleges, and
the continued implementation of the adult literacy for the
workforce in Iowa program administered by the department;
$1.5 million for deposit in the statewide work-based learning
intermediary network fund; and $12 million to the workforce
training and economic development funds.
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