Bill Text: IA HF2336 | 2015-2016 | 86th General Assembly | Enrolled


Bill Title: A bill for an act relating to the duties and authority of the state board of education, the department of education, and local school districts and to the programs and activities under the purview of the state board and the department. Effective 7-1-16.

Spectrum: Committee Bill

Status: (Passed) 2016-03-30 - Signed by Governor. H.J. 585. [HF2336 Detail]

Download: Iowa-2015-HF2336-Enrolled.html
House File 2336 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON EDUCATION

                              (SUCCESSOR TO HSB 602)
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                                   A BILL FOR
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                                        House File 2336

                             AN ACT
 RELATING TO THE DUTIES AND AUTHORITY OF THE STATE BOARD OF
    EDUCATION, THE DEPARTMENT OF EDUCATION, AND LOCAL SCHOOL
    DISTRICTS AND TO THE PROGRAMS AND ACTIVITIES UNDER THE
    PURVIEW OF THE STATE BOARD AND THE DEPARTMENT.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 256.7, subsection 15, Code 2016, is
 amended by striking the subsection.
    Sec. 2.  Section 256.9, subsections 26, 27, 36, 40, 54, and
 59, Code 2016, are amended by striking the subsections.
    Sec. 3.  Section 257.1, subsection 2, paragraph c, Code 2016,
 is amended by striking the paragraph.
    Sec. 4.  Section 257.14, subsections 1 and 2, Code 2016, are
 amended to read as follows:
    1.  For the budget year commencing July 1, 2001 2016, if the
 department of management determines that the regular program
 district cost of and succeeding budget years, a school district
 for a budget year is less than the total of the regular program
 district cost plus any adjustment added under this section for
 the base year for that school district, the school district
  shall be eligible to receive for a budget adjustment for that
 district for that budget year up to in an amount equal to the
 difference between the regular program district cost for the
 budget year and one hundred one percent of the regular program
  district cost for the base year. The board of directors of
 a school district that wishes to receive a budget adjustment
 pursuant to this subsection shall, notwithstanding the public
 notice and hearing provisions of chapter 24 or any other
 provision to the contrary, within thirty days following May 9,
 2001, adopt a resolution to receive the budget adjustment and
 immediately notify the department of management of the adoption
 of the resolution and the amount of the budget adjustment to
 be received.
    2.  For the budget years commencing July 1, 2002, and July
 1, 2003, if the department of management determines that the
 regular program district cost of a school district for a budget
 year is less than the total of the regular program district
 cost plus any adjustment added under this section for the
 base year for that school district, the school district shall
 be eligible to receive a budget adjustment for that district
 for that budget year up to an amount equal to the difference.
  The board of directors of a school district that wishes to
 receive a budget adjustment for a budget year pursuant to this
 subsection section shall adopt by May 15 of the base year for
 which the budget adjustment is sought, a resolution to receive
 the budget adjustment by May 15, annually, and shall notify the
 department of management of the adoption of the resolution and
 the amount of the budget adjustment to be received.
    Sec. 5.  Section 257.14, subsection 3, Code 2016, is amended
 by striking the subsection.
    Sec. 6.  Section 282.8, Code 2016, is amended to read as
 follows:
    282.8  Attending school outside state.
    1.  The boards of directors of school districts located
 near the state boundaries may designate schools of equivalent
 standing across the state line for attendance of both
 elementary and high secondary school pupils when the public
 school in the adjoining state is nearer than any appropriate
 public school in a pupil's district of residence or in Iowa.
 Distance shall be measured by the nearest traveled public
 road. Arrangements shall be subject to reciprocal agreements
 made between the chief state school officers of the respective
 states. Notwithstanding section 282.1, arrangements between
 districts pursuant to the reciprocal agreements made under
 this section shall establish tuition and transportation
 fees in an amount acceptable to the affected boards, but the
 tuition and transportation fees fee established shall not be
 less than the lower average cost per pupil of the tuition
 fee established pursuant to section 282.24 for the school
 district or the equivalent tuition rate for the non=Iowa school
 district for the previous school year, and the transportation
 fee established shall not be less than the lower average
 transportation cost per mile for yellow school buses as
 described in section 321.373 for the previous school year of
 the two affected school districts. For the purpose of this
 section average cost per pupil for the previous school year is
 determined by dividing the district's operating expenditures
 for the previous school year by the number of children enrolled
 in the district in the previous school year on the date
 specified in section 257.6, subsection 1.  The agreement shall
 provide that if the tuition fee for the school district in
 the adjoining state is a variable rate, the test of which
 tuition fee is lower shall be determined for each student by
 the affected boards.
    2.  A person attending school in another state pursuant
 to this section shall continue to be treated as a pupil of
 the district of residence in the apportionment of the current
 school fund and the payment of state aid for state school
 foundation aid purposes under section 257.6.
    3.  Notwithstanding the tuition provisions of subsection
 1, the tuition fee established for a child requiring special
 education under chapter 256B shall be equal to the actual cost
 of the special education instructional program provided to that
 child under the child's individualized education program.
    4.  If the chief state school officers of the respective
 states have not entered into a reciprocal agreement under this
 section, or the agreement has expired or been terminated, or
 the distance to the public school in the adjoining state is
 not nearer than an appropriate public school in the pupil's
 district of residence or an appropriate public school in
 Iowa, the pupil attending school outside the state shall be
 considered a nonresident child for purposes of tuition payments
 to the receiving district and shall not be treated as a pupil
 of the district of residence for state school foundation aid
 purposes under section 257.6.
    5.  The whole grade sharing provisions of sections 282.10
 through 282.12 and the open enrollment provisions of section
 282.18 shall not apply to agreements made between districts
 under this section.
    Sec. 7.  Section 282.10, subsection 4, Code 2016, is amended
 to read as follows:
    4.  A whole grade sharing agreement shall be signed by the
 boards of the districts involved in the agreement not later
 than February 1 of the school year preceding the school year
 for which the agreement is to take effect. The boards of
 the districts shall negotiate as part of the new or existing
 agreement the disposition of funding provided under chapter
 284, including the following:
    a.  Funding for the beginning teacher mentoring and induction
 programs pursuant to section 284.13, subsection 1, paragraph
 "b".
    b.  The teacher leadership supplement state cost per pupil as
 provided in section 257.9, unless all of the districts subject
 to the agreement are receiving such funding.
    c.  Teacher leadership supplemental aid payments as provided
 in section 284.13, subsection 1, paragraph "e", unless all
 of the districts subject to the agreement are receiving such
 payments.  This paragraph "c" is repealed June 30, 2018.
    Sec. 8.  Section 282.12, subsection 4, Code 2016, is amended
 to read as follows:
    4.  The number of pupils participating in a whole grade
 sharing agreement shall be determined on the date specified in
 section 257.6, subsection 1, and on the third second Friday of
 February January of each year.
    Sec. 9.  Section 282.18, subsection 7, Code 2016, is amended
 to read as follows:
    7.  A pupil participating in open enrollment shall be
 counted, for state school foundation aid purposes, in the
 pupil's district of residence. A pupil's residence, for
 purposes of this section, means a residence under section
 282.1. The board of directors of the district of residence
 shall pay to the receiving district the sum of the state
 cost per pupil for the previous school year, and plus either
  the teacher leadership supplement state cost per pupil for
 the previous fiscal year as provided in section 257.9, or
 the teacher leadership supplement foundation aid for the
 previous fiscal year as provided in section 284.13, subsection
 1, paragraph "e", if both the district of residence and the
 receiving district are receiving such supplements, plus any
 moneys received for the pupil as a result of the non=English
 speaking weighting under section 280.4, subsection 3, for the
 previous school year multiplied by the state cost per pupil
 for the previous year. If the pupil participating in open
 enrollment is also an eligible pupil under section 261E.6, the
 receiving district shall pay the tuition reimbursement amount
 to an eligible postsecondary institution as provided in section
 261E.7.
    Sec. 10.  Section 282.18, subsection 9, paragraph c, Code
 2016, is amended to read as follows:
    c.  Quarterly payments The receiving district shall bill the
 first resident district according to the timeline in section
 282.20, subsection 3.  Payments shall be made to the receiving
 district in a timely manner.
    Sec. 11.  Section 282.24, subsection 1, paragraph a, Code
 2016, is amended to read as follows:
    a.  The maximum tuition fee that may be charged for
 elementary and high secondary school students residing
 within another school district or corporation except students
 attending school in another district under section 282.7,
 subsection 1 or 3, is the district cost per pupil of the
 receiving district as computed in section 257.10.
    Sec. 12.  Section 282.24, subsection 2, Code 2016, is amended
 by striking the subsection.
    Sec. 13.  Section 284.12, Code 2016, is amended to read as
 follows:
    284.12  Reports ==== rules Rules.
    1.  The department shall annually report the statewide
 progress on the following:
    a.  Student achievement scores in mathematics and reading at
 the fourth and eighth grade levels on a district=by=district
 basis as reported to the local communities pursuant to section
 256.7, subsection 21, paragraph "c".
    b.  Evaluator training program.
    c.  Changes and improvements in the evaluation of teachers
 under the Iowa teaching standards.
    2.  The report shall be made available to the chairpersons
 and ranking members of the senate and house committees on
 education, the deans of the colleges of education at approved
 practitioner preparation institutions in this state, the
 state board, the governor, and school districts by January 1.
 School districts shall provide information as required by the
 department for the compilation of the report and for accounting
 and auditing purposes.
    3.  In developing administrative rules for consideration by
 the state board, the department shall consult with stakeholders
 who might reasonably be affected by the proposed rule,
 including persons representing teachers, administrators, school
 boards, approved practitioner preparation institutions, and
 other appropriate education stakeholders.
    Sec. 14.  Section 284.15, subsection 6, paragraphs a and c,
 Code 2016, are amended to read as follows:
    a.  A school district may apply to the department for
 approval to implement the career paths, leadership roles,
 and compensation framework specified in subsection 2, or
 a comparable system of career paths and compensation for
 teachers that contains differentiated multiple leadership
 roles. The director shall consider the recommendations of the
 commission established pursuant to subsection 12 when approving
 or disapproving applications submitted pursuant to this
 section. A school district may modify an approved framework or
 comparable system if the director or the director's designee
  approves the modification. A school district may appeal the
 director's or the director's designee's decision to the state
 board and the state board's decision is final.
    c.  A school district approved to implement the framework or
 a comparable system pursuant to this subsection shall submit to
 the department director or the director's designee for approval
 any proposed change modification to the framework or comparable
 system.
    Sec. 15.  REPEAL.  Sections 256.19, 279.55, 279.56, and
 279.57, Code 2016, are repealed.


                                                             
                               LINDA UPMEYER
                               Speaker of the House


                                                             
                               PAM JOCHUM
                               President of the Senate
    I hereby certify that this bill originated in the House and
 is known as House File 2336, Eighty=sixth General Assembly.


                                                             
                               CARMINE BOAL
                               Chief Clerk of the House
 Approved                , 2016


                                                             
                               TERRY E. BRANSTAD
                               Governor

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