Bill Text: IA SF2261 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act providing education savings grants for pupils attending a public school or an accredited nonpublic school or receiving competent private instruction, establishing an education savings grant fund, providing for the establishment of education achievement standards, making appropriations, providing penalties, and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-27 - Subcommittee, Hogg, Beall, and Feenstra. S.J. 361. [SF2261 Detail]
Download: Iowa-2011-SF2261-Introduced.html
Senate
File
2261
-
Introduced
SENATE
FILE
2261
BY
CHELGREN
A
BILL
FOR
An
Act
providing
education
savings
grants
for
pupils
attending
1
a
public
school
or
an
accredited
nonpublic
school
or
2
receiving
competent
private
instruction,
establishing
3
an
education
savings
grant
fund,
providing
for
the
4
establishment
of
education
achievement
standards,
making
5
appropriations,
providing
penalties,
and
including
6
applicability
provisions.
7
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
8
TLSB
5927XS
(4)
84
md/sc
S.F.
2261
Section
1.
Section
256.7,
Code
Supplement
2011,
is
amended
1
by
adding
the
following
new
subsection:
2
NEW
SUBSECTION
.
31.
Adopt
rules
relating
to
applications
3
for
an
education
savings
grant,
including
application
4
processing
timelines
and
information
required
to
be
submitted
5
by
a
parent
or
guardian,
and
rules
to
establish
academic
growth
6
standards
pursuant
to
section
257.11B.
7
Sec.
2.
Section
257.3,
subsection
1,
Code
2011,
is
amended
8
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
d.
The
amount
of
tuition
collected
by
each
10
school
district
under
section
257.3A
shall
be
regarded
as
11
property
tax
for
purposes
of
this
chapter.
12
Sec.
3.
NEW
SECTION
.
257.3A
Education
savings
grant
——
13
tuition.
14
A
school
district
may
collect
as
tuition
from
each
pupil
15
enrolled
in
the
school
district
an
amount
not
to
exceed
the
16
education
savings
grant
received
by
the
pupil
for
that
school
17
year
under
section
257.11B.
18
Sec.
4.
NEW
SECTION
.
257.11B
Education
savings
grant
19
program.
20
1.
a.
Pupils
residing
in
this
state,
eligible
to
enroll
in
21
grades
kindergarten
through
twelve,
and
enrolled
in
a
public
22
school,
attending
an
accredited
nonpublic
school,
or
receiving
23
competent
private
instruction
under
chapter
299A
shall
be
24
eligible
to
receive
an
education
savings
grant
in
the
manner
25
provided
in
this
section
for
school
years
beginning
on
or
after
26
July
1,
2013.
Except
as
provided
in
subsection
6,
education
27
savings
grants
shall
be
available
for
disbursement
to
parents
28
and
guardians
for
the
payment
of
qualified
education
expenses
29
as
provided
in
this
section.
30
b.
(1)
If
a
pupil
fails
to
meet
the
academic
growth
31
standards
established
by
the
state
board
of
education
under
32
subparagraph
(2)
for
two
consecutive
school
years
for
which
33
the
student
has
received
an
education
savings
grant
under
this
34
section,
the
pupil
shall
not
be
eligible
for
an
education
35
-1-
LSB
5927XS
(4)
84
md/sc
1/
8
S.F.
2261
savings
grant
for
future
school
years
unless
the
pupil
is
1
enrolled
in
an
alternative
options
education
program
adopted
2
by
the
school
district
where
the
pupil
resides
under
section
3
280.19A.
If
the
pupil
meets
the
academic
growth
standards
4
established
by
the
state
board
of
education
for
two
consecutive
5
school
years
while
enrolled
in
the
alternative
options
6
education
program,
the
pupil
shall
again
be
eligible
for
7
the
education
savings
grant
while
enrolled
in
any
public
8
school,
attending
an
accredited
nonpublic
school,
or
receiving
9
competent
private
instruction
under
chapter
299A.
10
(2)
The
state
board
of
education
shall
adopt
standards
for
11
determining
academic
growth
of
pupils
in
grades
kindergarten
12
through
twelve.
Such
academic
growth
standards
shall
include
13
minimum
levels
of
proficiency
in
the
areas
of
math,
science,
14
literacy,
and
social
studies.
15
2.
a.
(1)
By
January
31
preceding
the
school
year
for
16
which
the
education
savings
grant
is
requested,
the
parent
17
or
guardian
of
the
pupil
requesting
to
receive
an
education
18
savings
grant
shall
submit
an
application
to
the
department
of
19
education,
on
application
forms
developed
by
the
department,
20
indicating
that
the
parent
or
guardian
intends
to
enroll
the
21
pupil
in
either
a
public
school,
an
accredited
nonpublic
22
school,
or
provide
competent
private
instruction
for
the
pupil
23
under
chapter
299A.
24
(2)
In
addition
to
such
information
deemed
appropriate
by
25
the
department
of
education,
the
application
shall
require
26
certification
from
the
public
school
or
the
accredited
27
nonpublic
school
of
the
pupil’s
enrollment
for
the
following
28
school
year
or
a
statement
indicating
the
parent
or
guardian’s
29
intent
to
provide
or
arrange
for
competent
private
instruction
30
for
the
pupil
for
the
following
school
year.
31
b.
By
March
1
preceding
the
school
year
for
which
the
32
education
savings
grant
is
requested,
the
department
of
33
education
shall
notify
the
department
of
management
of
the
34
number
of
pupils
in
each
school
district
designated
for
the
35
-2-
LSB
5927XS
(4)
84
md/sc
2/
8
S.F.
2261
following
school
year
to
receive
an
education
savings
grant
1
and
the
amount
of
the
education
savings
grant
for
each
pupil.
2
The
department
of
education
shall
also
notify
the
parent
3
or
guardian
of
such
pupils
who
are
approved
to
receive
an
4
education
savings
grant.
5
c.
Education
savings
grants
shall
only
be
approved
for
one
6
school
year
and
applications
must
be
submitted
under
paragraph
7
“a”
for
education
savings
grants
in
subsequent
school
years.
8
3.
a.
The
department
of
management
shall
assign
each
pupil
9
an
education
savings
grant
of
three
thousand
seven
hundred
10
dollars.
11
b.
The
department
of
management
shall
on
July
1
transfer
12
such
amounts
to
the
pupil’s
account
in
the
Iowa
education
13
savings
grant
fund
established
under
subsection
4.
Such
amount
14
shall
be
available
for
disbursement
to
the
pupil’s
parent
or
15
guardian
for
the
payment
of
qualified
educational
expenses
16
incurred
by
such
persons
for
the
pupil
during
that
school
year.
17
4.
An
Iowa
education
savings
grant
fund
is
created
in
18
the
state
treasury
under
the
control
of
the
department
of
19
management
consisting
of
moneys
appropriated
to
the
department
20
for
the
purpose
of
providing
education
savings
grants
under
21
this
section.
For
the
fiscal
year
commencing
July
1,
2013,
and
22
each
succeeding
fiscal
year,
there
is
appropriated
from
the
23
general
fund
of
the
state
to
the
department
of
management
the
24
amount
necessary
to
pay
all
education
savings
grants
approved
25
for
that
fiscal
year.
The
director
of
the
department
of
26
management
has
all
powers
necessary
to
carry
out
and
effectuate
27
the
purposes,
objectives,
and
provisions
of
this
section
28
pertaining
to
the
fund,
including
the
power
to
do
all
of
the
29
following:
30
a.
Make
and
enter
into
contracts
necessary
for
the
31
administration
of
the
fund.
32
b.
Procure
insurance
against
any
loss
in
connection
with
the
33
assets
of
the
fund.
34
c.
Make
disbursements
from
a
pupil’s
account
within
the
35
-3-
LSB
5927XS
(4)
84
md/sc
3/
8
S.F.
2261
fund
to
the
pupil’s
parents
or
guardians
for
the
payment
of
1
qualified
educational
expenses.
2
d.
Adopt
rules
pursuant
to
chapter
17A
for
the
3
administration
of
the
fund
and
accounts
within
the
fund.
4
5.
a.
For
each
pupil
approved
for
an
education
savings
5
grant,
the
department
shall
establish
an
account
for
that
pupil
6
in
the
education
savings
grant
fund.
The
amount
of
the
pupil’s
7
education
savings
grant
determined
under
subsection
3
shall
be
8
deposited
into
the
pupil’s
account
on
July
1
and
such
amount
9
shall
be
immediately
available
for
disbursement
to
parents
and
10
guardians
upon
filing
and
approval
of
claims
from
the
pupil’s
11
account
for
qualified
education
expenses
incurred
by
the
parent
12
or
guardian
for
the
pupil
during
that
fiscal
year.
13
b.
A
parent
or
guardian
of
a
pupil
may
on
forms
prescribed
14
by
the
department
of
management
submit
claims
for
disbursements
15
of
moneys
within
the
account.
The
department
may
by
rule
16
designate
the
appropriate
supporting
documentation
necessary
17
for
the
disbursement
of
moneys
in
an
account
including
but
not
18
limited
to
invoices
of
amounts
due
and
receipts
of
amounts
19
paid
for
qualified
education
expenses.
If
a
pupil
is
enrolled
20
in
an
alternative
options
education
program
as
the
result
of
21
failing
to
meet
the
academic
growth
standards
under
subsection
22
1,
paragraph
“b”
,
disbursements
of
moneys
in
a
pupil’s
account
23
shall
only
be
made
by
the
department
to
the
parent
or
guardian
24
for
tuition
expenses
of
the
alternative
options
education
25
program.
26
6.
For
each
pupil
with
a
positive
balance
in
the
pupil’s
27
account
in
the
education
savings
grant
fund
upon
graduation
28
from
high
school,
the
department
of
management
shall
maintain
29
such
account
in
the
fund
until
the
pupil
is
twenty-five
years
30
of
age.
Following
graduation
from
high
school
until
the
pupil
31
is
twenty-five
years
of
age,
moneys
in
the
pupil’s
account
32
may
be
used
for
higher
education
costs,
as
defined
in
section
33
12D.1,
subsection
2.
Disbursements
from
a
pupil’s
account
34
for
higher
education
costs
shall
be
claimed
by
and
disbursed
35
-4-
LSB
5927XS
(4)
84
md/sc
4/
8
S.F.
2261
to
the
pupil.
Claims
and
disbursements
for
higher
education
1
costs
under
this
subsection
shall
be
made
in
the
same
manner
2
as
claims
and
disbursements
for
qualified
educational
expenses
3
under
subsection
5.
Moneys
in
a
pupil’s
account
when
the
pupil
4
turns
twenty-five
years
of
age
shall
be
transferred
by
the
5
department
for
deposit
in
the
general
fund
of
the
state.
6
7.
For
purposes
of
this
section,
“qualified
educational
7
expense”
includes
tuition
at
a
public
school
collected
under
8
section
257.3A,
tuition
and
fees
at
an
accredited
nonpublic
9
school,
textbooks,
payment
to
a
licensed
or
accredited
tutor,
10
curriculum
materials,
tuition
or
fees
for
nonpublic
online
11
education
programs,
education
materials
and
services
for
pupils
12
with
disabilities,
standardized
test
fees,
and
other
expenses
13
incurred
by
the
parent
or
guardian
that
are
directly
related
to
14
the
education
of
the
pupil
at
a
public
school
or
an
accredited
15
nonpublic
school
or
directly
related
to
providing
competent
16
private
instruction
for
the
pupil
under
chapter
299A.
17
8.
A
person
who
makes
a
false
claim
for
the
purpose
of
18
obtaining
an
education
savings
grant
provided
for
in
this
19
section
or
who
knowingly
receives
the
grant
without
being
20
legally
entitled
to
it
is
guilty
of
a
fraudulent
practice.
The
21
false
claim
for
an
education
savings
grant
shall
be
disallowed
22
and
if
amounts
from
the
grant
have
been
disbursed
from
the
23
applicable
account
in
the
education
savings
grant
fund,
the
24
department
of
management
shall
initiate
legal
proceedings
to
25
recover
such
amounts.
26
Sec.
5.
APPLICABILITY.
This
Act
applies
to
school
budget
27
years
and
fiscal
years
beginning
on
or
after
July
1,
2013.
28
Sec.
6.
CORRESPONDING
AMENDMENTS
LEGISLATION.
Additional
29
legislation
is
required
to
fully
implement
this
Act.
The
30
director
of
the
department
of
education
shall,
in
compliance
31
with
section
2.16,
prepare
draft
legislation
for
submission
to
32
the
legislative
services
agency,
as
necessary,
to
implement
the
33
school
finance
modifications
under
this
Act
and
to
implement
34
the
education
savings
grant
program
created
in
this
Act.
35
-5-
LSB
5927XS
(4)
84
md/sc
5/
8
S.F.
2261
EXPLANATION
1
This
bill
provides
education
savings
grants
for
pupils
2
enrolled
in
a
public
school,
attending
an
accredited
nonpublic
3
school,
or
receiving
competent
private
instruction.
4
Under
the
bill,
resident
pupils
eligible
to
enroll
in
5
grades
kindergarten
through
12
and
enrolled
in
a
public
6
school,
attending
an
accredited
nonpublic
school,
or
receiving
7
competent
private
instruction
under
Code
chapter
299A
are
8
eligible
to
receive
an
education
savings
grant
for
school
years
9
beginning
on
or
after
July
1,
2013.
By
January
31
preceding
10
the
school
year
for
which
the
education
savings
grant
is
11
requested,
the
parent
or
guardian
of
the
pupil
requesting
to
12
receive
an
education
savings
grant
must
submit
an
application
13
to
the
department
of
education
indicating
that
the
parent
or
14
guardian
intends
to
enroll
the
pupil
in
a
public
school
or
15
an
accredited
nonpublic
school,
or
provide
competent
private
16
instruction
for
the
pupil.
17
Under
the
bill,
however,
if
a
pupil
fails
to
meet
the
18
academic
growth
standards
established
by
the
state
board
of
19
education
for
two
consecutive
school
years
for
which
the
20
student
has
received
an
education
savings
grant,
the
pupil
21
is
not
eligible
for
an
education
savings
grant
for
future
22
school
years
unless
the
pupil
is
enrolled
in
an
alternative
23
options
education
program
adopted
by
the
school
district
24
where
the
pupil
resides
under
Code
section
280.19A.
The
25
bill
provides
that
if
the
pupil
meets
the
academic
growth
26
standards
established
by
the
state
board
of
education
for
two
27
consecutive
school
years
while
enrolled
in
the
alternative
28
options
education
program,
the
pupil
shall
again
be
eligible
29
for
the
education
savings
grant
while
enrolled
in
any
30
public
school,
attending
an
accredited
nonpublic
school,
or
31
receiving
competent
private
instruction
under
Code
chapter
32
299A.
The
bill
requires
the
state
board
of
education
to
adopt
33
standards
for
determining
academic
growth
of
pupils
in
grades
34
kindergarten
through
12.
Such
academic
growth
standards
must
35
-6-
LSB
5927XS
(4)
84
md/sc
6/
8
S.F.
2261
include
minimum
levels
of
proficiency
in
the
areas
of
math,
1
science,
literacy,
and
social
studies.
2
The
bill
requires
that
by
March
1
preceding
the
school
3
year
for
which
the
education
savings
grant
is
requested,
4
the
department
of
education
must
notify
the
department
of
5
management
of
the
number
of
pupils
in
each
school
district
6
designated
for
the
following
school
year
to
receive
an
7
education
savings
grant.
Education
savings
grants
may
only
be
8
approved
for
one
school
year
and
applications
must
be
submitted
9
for
education
savings
grants
in
subsequent
school
years.
10
The
amount
of
each
education
savings
grant
is
$3,700
per
11
pupil.
12
The
bill
creates
an
Iowa
education
savings
grant
fund
in
13
the
state
treasury
under
the
control
of
the
department
of
14
management
consisting
of
moneys
appropriated
to
the
department
15
for
the
purpose
of
providing
education
savings
grants.
For
16
the
fiscal
year
commencing
July
1,
2013,
and
each
succeeding
17
fiscal
year,
there
is
appropriated
from
the
general
fund
of
18
the
state
to
the
department
of
management
the
amount
necessary
19
to
pay
all
education
savings
grants
approved
for
that
fiscal
20
year.
For
each
pupil
approved
for
an
education
savings
grant,
21
the
department
of
management
must
establish
an
account
for
22
that
pupil
in
the
education
savings
grant
fund.
The
amount
23
of
the
pupil’s
education
savings
grant
is
deposited
into
the
24
pupil’s
account
on
July
1
and
such
amount
is
available
for
25
disbursement
to
parents
and
guardians
upon
filing
and
approval
26
of
claims
from
the
pupil’s
account
for
qualified
education
27
expenses,
as
defined
in
the
bill,
incurred
by
the
parent
or
28
guardian
for
the
pupil
during
that
fiscal
year.
However,
if
a
29
pupil
is
enrolled
in
an
alternative
options
education
program
30
as
the
result
of
failing
to
meet
the
academic
growth
standards,
31
disbursements
of
moneys
in
a
pupil’s
account
shall
only
be
made
32
by
the
department
of
management
for
tuition
expenses
of
the
33
alternative
options
education
program.
34
Under
the
bill,
for
each
pupil
with
a
positive
balance
in
35
-7-
LSB
5927XS
(4)
84
md/sc
7/
8
S.F.
2261
the
pupil’s
account
in
the
education
savings
grant
fund
upon
1
graduation
from
high
school,
the
department
of
management
is
2
required
to
maintain
the
account
in
the
fund
until
the
pupil
3
is
25
years
old.
Following
graduation
from
high
school
until
4
the
pupil
is
25
years
old,
moneys
in
the
pupil’s
account
may
5
be
used
by
the
pupil
for
higher
education
costs,
as
defined
6
in
Code
section
12D.1.
Moneys
in
a
pupil’s
account
when
the
7
pupil
turns
25
years
old
are
transferred
by
the
department
of
8
management
for
deposit
in
the
general
fund
of
the
state.
9
The
bill
provides
that
a
person
who
makes
a
false
claim
for
10
the
purpose
of
obtaining
an
education
savings
grant
or
who
11
knowingly
receives
the
grant
without
being
legally
entitled
12
to
it
is
guilty
of
a
fraudulent
practice
and
is
subject
to
a
13
criminal
penalty.
The
bill
allows
the
department
of
management
14
to
initiate
legal
proceedings
to
recover
grants
improperly
15
awarded
under
the
bill.
16
The
bill
authorizes
school
districts
to
collect
as
tuition
17
from
each
pupil
enrolled
in
the
school
district
an
amount
not
18
to
exceed
the
education
savings
grant
received
by
the
pupil
for
19
that
school
year
under
new
Code
section
257.11B.
Such
tuition
20
amounts
collected
by
each
school
district
under
new
Code
21
section
257.3A
shall
be
regarded
as
property
tax
for
purposes
22
of
the
school
foundation
formula.
23
The
bill
applies
to
school
budget
years
and
fiscal
years
24
beginning
on
or
after
July
1,
2013.
25
The
bill
provides
that
additional
legislation
is
required
26
to
fully
implement
the
bill
and
requires
the
director
of
27
the
department
of
education
to
prepare
draft
legislation
28
in
compliance
with
Code
section
2.16
for
submission
to
the
29
legislative
services
agency,
as
necessary,
to
implement
the
30
school
finance
modifications
and
the
education
savings
grant
31
program
in
the
bill.
32
-8-
LSB
5927XS
(4)
84
md/sc
8/
8
