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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