Bill Text: IA HF348 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to education by modifying the duties and authority of certain state and local governmental entities and including effective date provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-13 - Subcommittee: Moore, T., Hanusa and Steckman. H.J. 289. [HF348 Detail]

Download: Iowa-2019-HF348-Introduced.html
House File 348 - Introduced HOUSE FILE 348 BY SHIPLEY A BILL FOR An Act relating to education by modifying the duties and 1 authority of certain state and local governmental entities 2 and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2339YH (2) 88 md/jh
H.F. 348 DIVISION I 1 REPEAL OF DEPARTMENT OF EDUCATION AND 2 STATE BOARD OF EDUCATION 3 Section 1. NEW SECTION . 256B.16 Transfer of authority and 4 duties. 5 1. Beginning July 1, 2020, the authority and duties of the 6 department of education, the division of special education 7 created under section 256B.1, the state board of education, and 8 the director of the department of education under this chapter 9 shall to the extent feasible be transferred to the appropriate 10 area education agency where such special education services 11 are being provided. Accordingly, beginning July 1, 2020, all 12 references to the department of education or the division of 13 special education under this chapter and references to the 14 department of education or the division of special education 15 under other provisions of law relating to this chapter shall 16 mean the applicable area education agency and all references to 17 the state board of education or the director of the department 18 of education under this chapter or other provisions of law 19 relating to this chapter shall mean the board of directors of 20 the area education agency and the administrator of the area 21 education agency respectively. 22 2. Any moneys remaining in any account or fund under the 23 control of the department of education at the conclusion 24 of the fiscal year beginning July 1, 2019, relative to 25 the provisions of this chapter shall be transferred to the 26 control of the department of human services for such purposes. 27 Notwithstanding section 8.33, the moneys transferred in 28 accordance with this subsection shall not revert to the account 29 or fund from which appropriated or transferred. 30 3. Any contract entered into by the department of education 31 relating to the provisions of this chapter in effect at the 32 conclusion of the fiscal year beginning July 1, 2019, shall 33 continue in full force and effect pending transfer of such 34 contracts to the area education agencies. 35 -1- LSB 2339YH (2) 88 md/jh 1/ 36
H.F. 348 4. Any rule, regulation, form, order, or directive 1 promulgated by the department of education relative to the 2 provisions of this chapter in existence at the conclusion of 3 the fiscal year beginning July 1, 2019, shall continue in full 4 force and effect. 5 5. In regard to updating references and format in the Iowa 6 administrative code in order to correspond to the transferring 7 of duties of this chapter, the administrative rules coordinator 8 and the administrative rules review committee, in consultation 9 with the administrative code editor, shall jointly develop a 10 schedule for the necessary updating of the Iowa administrative 11 code. 12 Sec. 2. Section 256C.1, Code 2019, is amended to read as 13 follows: 14 256C.1 Definitions. 15 As used in this chapter : 16 1. “Approved local program” means a school district’s 17 program for four-year-old children approved by the department 18 of education to provide high quality preschool instruction . 19 2. “Department” means the department of education. 20 3. “Director” means the director of the department of 21 education. 22 4. 2. “Preschool program” means the statewide preschool 23 program for four-year-old children created in accordance with 24 this chapter . 25 5. 3. “School district approved to participate in the 26 preschool program” means a school district that meets the 27 school district requirements under section 256C.3 and has been 28 approved by the department to participate in the preschool 29 program . 30 6. “State board” means the state board of education. 31 Sec. 3. Section 256C.2, subsection 2, Code 2019, is amended 32 by striking the subsection. 33 Sec. 4. Section 256C.3, subsection 2, paragraph a, 34 subparagraph (3), Code 2019, is amended to read as follows: 35 -2- LSB 2339YH (2) 88 md/jh 2/ 36
H.F. 348 (3) The individual possesses a bachelor’s or graduate 1 degree from an accredited college or university with a major 2 in early childhood education or other appropriate major 3 identified in rule by the department as determined by the 4 school district’s board of directors . 5 Sec. 5. Section 256C.3, subsection 3, unnumbered paragraph 6 1, Code 2019, is amended to read as follows: 7 The state board shall adopt rules to further define the 8 following preschool program requirements which shall be used to 9 determine whether or not a Each local program implemented by 10 a school district approved to implement the preschool program 11 qualifies as an approved local program shall address or conform 12 with all of the following : 13 Sec. 6. Section 256C.3, subsection 3, paragraph e, Code 14 2019, is amended to read as follows: 15 e. Collaboration with participating families, early care 16 providers, and community partners including but not limited to 17 early childhood Iowa area boards, head start programs, shared 18 visions and other programs provided under the auspices of the 19 child development coordinating council , licensed child care 20 centers, registered child development homes, area education 21 agencies, child care resource and referral services provided 22 under section 237A.26 , early childhood special education 23 programs, services funded by Tit. I of the federal Elementary 24 and Secondary Education Act of 1965, and family support 25 programs. 26 Sec. 7. Section 256C.3, subsection 4, Code 2019, is amended 27 by striking the subsection and inserting in lieu thereof the 28 following: 29 4. School district requirements. 30 a. Subject to implementation of chapter 28E agreements 31 between a school district and community-based providers of 32 services to four-year-old children, a four-year-old child who 33 is enrolled in a child care center or child development home 34 licensed or registered under chapter 237A, or in an existing 35 -3- LSB 2339YH (2) 88 md/jh 3/ 36
H.F. 348 public or private preschool program, shall be eligible for 1 services provided by the school district’s local preschool 2 program. 3 b. Professional development for school district preschool 4 teachers shall be addressed in the school district’s 5 professional development plan implemented in accordance with 6 section 284.6. 7 Sec. 8. Section 256C.3, subsection 5, Code 2019, is amended 8 by striking the subsection. 9 Sec. 9. Section 256C.4, subsection 1, paragraph d, Code 10 2019, is amended to read as follows: 11 d. Preschool foundation aid funding shall not be commingled 12 with the other state aid payments made under section 257.16 13 to a school district and shall be accounted for by the local 14 school district separately from the other state aid payments. 15 Preschool foundation aid payments made to school districts 16 are miscellaneous income for purposes of chapter 257 . A 17 school district shall maintain a separate listing within its 18 budget for preschool foundation aid payments received and 19 expenditures made. A school district shall certify to the 20 department of education that preschool Preschool foundation aid 21 funding received by the school district was shall be used to 22 supplement, not supplant, moneys otherwise received and used by 23 the school district for preschool programming. 24 Sec. 10. Section 256C.4, subsection 2, paragraph b, Code 25 2019, is amended to read as follows: 26 b. The enrollment count of eligible students shall not 27 include a child who is included in the enrollment count 28 determined under section 257.6 or a child who is served by 29 a program already receiving state or federal funds for the 30 purpose of the provision of four-year-old preschool programming 31 while the child is being served by the program. Such preschool 32 programming includes but is not limited to child development 33 assistance programs provided under chapter 256A , special 34 education programs provided under section 256B.9 , school ready 35 -4- LSB 2339YH (2) 88 md/jh 4/ 36
H.F. 348 children grant programs and other programs provided under 1 chapter 256I , and federal head start programs and the services 2 funded by Tit. I of the federal Elementary and Secondary 3 Education Act of 1965. 4 Sec. 11. Section 256C.5, subsection 2, Code 2019, is amended 5 to read as follows: 6 2. Preschool foundation aid district amount. 7 a. For the initial school year for which a school district 8 approved to participate in the preschool program receives that 9 approval and implements the preschool program, the funding for 10 the preschool foundation aid payable to that school district 11 shall be paid from the appropriation made for that school year 12 in section 256C.6 , Code 2011, or in another appropriation 13 made for purposes of this chapter . For that school year, the 14 preschool foundation aid payable to the school district is 15 the product of the regular program state cost per pupil for 16 the school year multiplied by sixty percent of the school 17 district’s eligible student enrollment on the date in the 18 school year determined by rule . 19 b. For budget years subsequent to the initial school year 20 for which a school district approved to participate in the 21 preschool program receives that initial approval and implements 22 the preschool program, the funding for the preschool foundation 23 aid payable to that school district shall be paid from the 24 appropriation made in section 257.16 . Continuation of a 25 school district’s participation in the preschool program for 26 a second or subsequent budget year is subject to the approval 27 of the department based upon the school district’s compliance 28 with accountability provisions and the department’s on-site 29 review of the school district’s implementation of the preschool 30 program. 31 Sec. 12. Section 256C.5, subsection 4, Code 2019, is amended 32 by striking the subsection. 33 Sec. 13. NEW SECTION . 256F.12 Transfer of authority and 34 duties. 35 -5- LSB 2339YH (2) 88 md/jh 5/ 36
H.F. 348 1. Beginning July 1, 2020, the authority and duties of the 1 department of education, the state board, and the director of 2 the department of education under this chapter, to the extent 3 feasible, shall be transferred to the board of directors of 4 the community college serving the merged area in which the 5 charter school or innovation zone school, or such proposed 6 school, is located. Accordingly, beginning July 1, 2020, all 7 references to the department of education, the state board of 8 education, and the director of the department of education 9 under this chapter or other provisions of law relating to this 10 chapter shall mean the board of directors of the community 11 college serving the merged area in which the charter school or 12 innovation zone school, or such proposed school, is located. 13 2. Any contract entered into by the department of education 14 relating to the provisions of this chapter in effect at the 15 conclusion of the fiscal year beginning July 1, 2019, shall 16 continue in full force and effect pending transfer of such 17 contracts to the appropriate community college board of 18 directors. 19 3. Any rule, regulation, form, order, or directive 20 promulgated by the department of education relative to the 21 provisions of this chapter in existence at the conclusion of 22 the fiscal year beginning July 1, 2019, shall continue in full 23 force and effect. 24 Sec. 14. NEW SECTION . 256H.4 Transfer of authority and 25 duties. 26 1. Beginning July 1, 2020, the authority and duties of the 27 department of education and the director of the department 28 of education under this chapter shall be transferred to the 29 adjutant general of the state. Accordingly, beginning July 1, 30 2020, all references to the department of education and the 31 director of the department of education under this chapter or 32 other provisions of law relating to this chapter shall mean 33 adjutant general of the state. 34 2. Any contract entered into by the department of education 35 -6- LSB 2339YH (2) 88 md/jh 6/ 36
H.F. 348 relating to the provisions of this chapter in effect at the 1 conclusion of the fiscal year beginning July 1, 2019, shall 2 continue in full force and effect pending transfer of such 3 contracts to the adjutant general of the state. 4 3. Any rule, regulation, form, order, or directive 5 promulgated by the department of education relative to the 6 provisions of this chapter in existence upon conclusion of the 7 fiscal year beginning July 1, 2019, shall continue in full 8 force and effect. 9 Sec. 15. NEW SECTION . 256I.14 Transfer of authority and 10 duties. 11 1. Beginning July 1, 2020, the authority and duties of the 12 department of education and the director of the department 13 of education under this chapter shall be transferred to the 14 department of management and the director of the department 15 of management. Accordingly, beginning July 1, 2020, all 16 references to the department of education or the director of 17 the department of education under this chapter or under other 18 provisions of law relating to this chapter shall mean the 19 department of management and the director of the department of 20 management. 21 2. Any moneys remaining in any account or fund under the 22 control of the department of education at the conclusion of the 23 fiscal year beginning July 1, 2019, relative to the provisions 24 of this chapter shall be transferred to the control of the 25 department of management for such purposes. Notwithstanding 26 section 8.33, the moneys transferred in accordance with this 27 subsection shall not revert to the account or fund from which 28 appropriated or transferred. 29 3. Any contract entered into by the department of education 30 relating to the provisions of this chapter in effect at the 31 conclusion of the fiscal year beginning July 1, 2019, shall 32 continue in full force and effect pending transfer of such 33 contracts to the department of management. 34 4. Any rule, regulation, form, order, or directive 35 -7- LSB 2339YH (2) 88 md/jh 7/ 36
H.F. 348 promulgated by the department of education relative to the 1 provisions of this chapter in existence at the conclusion of 2 the fiscal year beginning July 1, 2019, shall continue in full 3 force and effect until amended, repealed, or supplemented by 4 affirmative action of the department of management under the 5 duties and powers established in this chapter and under the 6 procedure established in subsection 5. 7 5. In regard to updating references and format in the Iowa 8 administrative code in order to correspond to the transferring 9 of duties of this chapter, the administrative rules coordinator 10 and the administrative rules review committee, in consultation 11 with the administrative code editor, shall jointly develop a 12 schedule for the necessary updating of the Iowa administrative 13 code. 14 Sec. 16. NEW SECTION . 257.1A Transfer of authority and 15 duties. 16 1. Beginning July 1, 2020, the authority and duties of 17 the department of education, the state board of education, 18 and the director of the department of education under this 19 chapter shall be transferred to the department of management 20 and the director of the department of management. Accordingly, 21 beginning July 1, 2020, all references to the department of 22 education under this chapter and references to the department 23 of education under other provisions of law relating to this 24 chapter shall mean the department of management and all 25 references to the state board of education or the director 26 of the department of education under this chapter or other 27 provisions of law relating to this chapter shall mean the 28 director of the department of management. 29 2. Any moneys remaining in any account or fund under the 30 control of the department of education at the conclusion of the 31 fiscal year beginning July 1, 2019, relative to the provisions 32 of this chapter shall be transferred to the control of the 33 department of management for such purposes. Notwithstanding 34 section 8.33, the moneys transferred in accordance with this 35 -8- LSB 2339YH (2) 88 md/jh 8/ 36
H.F. 348 subsection shall not revert to the account or fund from which 1 appropriated or transferred. 2 3. Any contract entered into by the department of education 3 relating to the provisions of this chapter in effect at the 4 conclusion of the fiscal year beginning July 1, 2019, shall 5 continue in full force and effect pending transfer of such 6 contracts to the department of management. 7 4. Any rule, regulation, form, order, or directive 8 promulgated by the department of education relative to the 9 provisions of this chapter in existence at the conclusion of 10 the fiscal year beginning July 1, 2019, shall continue in full 11 force and effect until amended, repealed, or supplemented by 12 affirmative action of the department of management under the 13 duties and powers established in this chapter and under the 14 procedure established in subsection 5. 15 5. In regard to updating references and format in the Iowa 16 administrative code in order to correspond to the transferring 17 of duties of this chapter, the administrative rules coordinator 18 and the administrative rules review committee, in consultation 19 with the administrative code editor, shall jointly develop a 20 schedule for the necessary updating of the Iowa administrative 21 code. 22 Sec. 17. Section 257C.5, subsection 1, Code 2019, is amended 23 to read as follows: 24 1. The powers of the authority are vested in and exercised 25 by a board consisting of five members, including the treasurer 26 of state, the director of the department of education, and the 27 director of the department of management, and two three members 28 appointed by the governor, subject to confirmation by the 29 senate. The state officials may designate representatives to 30 serve on the board for them. As far as possible, the governor 31 shall appoint members who are knowledgeable or experienced in 32 the school systems of this state or in finance. 33 Sec. 18. NEW SECTION . 258.18 Transfer of authority and 34 duties. 35 -9- LSB 2339YH (2) 88 md/jh 9/ 36
H.F. 348 1. Beginning July 1, 2020, the authority and duties of the 1 department of education, the state board of education, and the 2 director of the department of education under this chapter 3 shall be transferred to the department of workforce development 4 and the director of the department of workforce development. 5 Accordingly, beginning July 1, 2020, all references to the 6 department of education under this chapter and references 7 to the department of education under other provisions of 8 law relating to this chapter shall mean the department of 9 workforce development and all references to the state board 10 of education or the director of the department of education 11 under this chapter or other provisions of law relating to this 12 chapter shall mean the director of the department of workforce 13 development. 14 2. Any moneys remaining in any account or fund under the 15 control of the department of education at the conclusion 16 of the fiscal year beginning July 1, 2019, relative to the 17 provisions of this chapter shall be transferred to the control 18 of the department of workforce development for such purposes. 19 Notwithstanding section 8.33, the moneys transferred in 20 accordance with this subsection shall not revert to the account 21 or fund from which appropriated or transferred. 22 3. Any contract entered into by the department of education 23 relating to the provisions of this chapter in effect at the 24 conclusion of the fiscal year beginning July 1, 2019, shall 25 continue in full force and effect pending transfer of such 26 contracts to the department of workforce development. 27 4. Any rule, regulation, form, order, or directive 28 promulgated by the department of education relative to the 29 provisions of this chapter in existence at the conclusion of 30 the fiscal year beginning July 1, 2019, shall continue in full 31 force and effect until amended, repealed, or supplemented by 32 affirmative action of the department of workforce development 33 under the duties and powers established in this chapter and 34 under the procedure established in subsection 5. 35 -10- LSB 2339YH (2) 88 md/jh 10/ 36
H.F. 348 5. In regard to updating references and format in the Iowa 1 administrative code in order to correspond to the transferring 2 of duties of this chapter, the administrative rules coordinator 3 and the administrative rules review committee, in consultation 4 with the administrative code editor, shall jointly develop a 5 schedule for the necessary updating of the Iowa administrative 6 code. 7 Sec. 19. NEW SECTION . 259.1A Transfer of authority and 8 duties. 9 1. Beginning July 1, 2020, the authority and duties of the 10 department of education, the state board of education, and the 11 director of the department of education under this chapter 12 shall be transferred to the department of workforce development 13 and the director of the department of workforce development. 14 Accordingly, beginning July 1, 2020, all references to the 15 department of education under this chapter and references 16 to the department of education under other provisions of 17 law relating to this chapter shall mean the department of 18 workforce development and all references to the state board 19 of education or the director of the department of education 20 under this chapter or other provisions of law relating to this 21 chapter shall mean the director of the department of workforce 22 development. 23 2. Beginning July 1, 2020, the division of vocational 24 rehabilitation services created within the department of 25 education under section 259.3 shall be transferred to the 26 department of workforce development. 27 3. Any moneys remaining in any account or fund under the 28 control of the department of education at the conclusion 29 of the fiscal year beginning July 1, 2019, relative to the 30 provisions of this chapter shall be transferred to the control 31 of the department of workforce development for such purposes. 32 Notwithstanding section 8.33, the moneys transferred in 33 accordance with this subsection shall not revert to the account 34 or fund from which appropriated or transferred. 35 -11- LSB 2339YH (2) 88 md/jh 11/ 36
H.F. 348 4. Any contract entered into by the department of education 1 relating to the provisions of this chapter in effect at the 2 conclusion of the fiscal year beginning July 1, 2019, shall 3 continue in full force and effect pending transfer of such 4 contracts to the department of workforce development. 5 5. Any rule, regulation, form, order, or directive 6 promulgated by the department of education relative to the 7 provisions of this chapter in existence at the conclusion of 8 the fiscal year beginning July 1, 2019, shall continue in full 9 force and effect until amended, repealed, or supplemented by 10 affirmative action of the department of workforce development 11 under the duties and powers established in this chapter and 12 under the procedure established in subsection 6. 13 6. In regard to updating references and format in the Iowa 14 administrative code in order to correspond to the transferring 15 of duties of this chapter, the administrative rules coordinator 16 and the administrative rules review committee, in consultation 17 with the administrative code editor, shall jointly develop a 18 schedule for the necessary updating of the Iowa administrative 19 code. 20 Sec. 20. NEW SECTION . 260C.1A Transfer of authority and 21 duties. 22 1. Beginning July 1, 2020, the authority and duties of the 23 department of education, the state board of education, and the 24 director of the department of education under this chapter 25 shall, to the extent feasible, be transferred to the boards of 26 directors of the community colleges serving the merged areas of 27 the state. Accordingly, beginning July 1, 2020, all references 28 to the department of education, the state board of education, 29 and the director of the department of education under this 30 chapter and references to the department of education, the 31 state board of education, and the director of the department 32 of education under other provisions of law relating to this 33 chapter shall mean the applicable board of directors of a 34 community college. 35 -12- LSB 2339YH (2) 88 md/jh 12/ 36
H.F. 348 2. Beginning July 1, 2020, transfer of the duties and 1 authority of the department shall also include all duties and 2 authority of the community colleges division created within the 3 department of education under section 260C.6. 4 3. Any moneys remaining in any account or fund under the 5 control of the department of education at the conclusion of the 6 fiscal year beginning July 1, 2019, relative to the provisions 7 of this chapter shall be transferred to the control of the 8 applicable board of directors of a community college for such 9 purposes. Notwithstanding section 8.33, the moneys transferred 10 in accordance with this subsection shall not revert to the 11 account or fund from which appropriated or transferred. 12 4. Any contract entered into by the department of education 13 relating to the provisions of this chapter in effect at the 14 conclusion of the fiscal year beginning July 1, 2019, shall 15 continue in full force and effect pending transfer of such 16 contracts to the boards of directors of the community colleges. 17 5. Any rule, regulation, form, order, or directive 18 promulgated by the department of education relative to the 19 provisions of this chapter in existence at the conclusion of 20 the fiscal year beginning July 1, 2019, shall continue in full 21 force and effect. 22 Sec. 21. Section 260E.7, subsection 1, Code 2019, is amended 23 to read as follows: 24 1. The economic development authority, in consultation with 25 the department of education, the department of revenue , and 26 the department of workforce development, shall coordinate and 27 review the new jobs training program. The economic development 28 authority shall adopt, amend, and repeal rules under chapter 29 17A that the community college will use in developing projects 30 with new and expanding industrial new jobs training proposals 31 and that the economic development authority shall use to review 32 and report on the new jobs training program as required in this 33 section . 34 Sec. 22. Section 260F.3, subsection 5, Code 2019, is amended 35 -13- LSB 2339YH (2) 88 md/jh 13/ 36
H.F. 348 to read as follows: 1 5. Other criteria established by the department authority . 2 Sec. 23. Section 260F.6B, Code 2019, is amended to read as 3 follows: 4 260F.6B High technology apprenticeship program. 5 The community colleges and the authority are authorized 6 to fund high technology apprenticeship programs which comply 7 with the requirements specified in section 260C.44 and which 8 may include both new and statewide apprenticeship programs. 9 Notwithstanding the provisions of section 260F.6, subsection 10 2 , relating to maximum award amounts, moneys allocated to 11 the community colleges with high technology apprenticeship 12 programs shall be distributed to the community colleges based 13 upon contact hours under the programs administered during the 14 prior fiscal year as determined by the department of education 15 authority . The authority shall adopt rules governing this 16 section ’s operation and participant eligibility. 17 Sec. 24. Section 260F.7, Code 2019, is amended to read as 18 follows: 19 260F.7 Authority to coordinate. 20 The authority, in consultation with the department of 21 education and the department of workforce development, shall 22 coordinate the jobs training program. A project shall not be 23 funded under this chapter unless the authority approves the 24 project. The authority shall adopt rules pursuant to chapter 25 17A governing the program’s operation and eligibility for 26 participation in the program. The authority shall establish 27 by rule criteria for determining what constitutes an eligible 28 business. 29 Sec. 25. Section 260H.2, subsection 1, Code 2019, is amended 30 to read as follows: 31 1. A pathways for academic career and employment program 32 is established to provide funding to community colleges 33 for the development of projects in coordination with the 34 economic development authority, the department of education, 35 -14- LSB 2339YH (2) 88 md/jh 14/ 36
H.F. 348 the department of workforce development, local workforce 1 development boards established pursuant to section 84A.4 , and 2 community partners to implement a simplified, streamlined, and 3 comprehensive process, along with customized support services, 4 to enable eligible participants to acquire effective academic 5 and employment training to secure gainful, quality, in-state 6 employment. 7 Sec. 26. Section 260H.2, subsection 2, paragraph a, Code 8 2019, is amended to read as follows: 9 a. A pathways for academic career and employment fund 10 is created for the community colleges in the state treasury 11 to be administered by the department of education economic 12 development authority . The moneys in the pathways for academic 13 career and employment fund are appropriated to the department 14 of education economic development authority for the pathways 15 for academic career and employment program. 16 Sec. 27. Section 260H.8, Code 2019, is amended to read as 17 follows: 18 260H.8 Rules. 19 The department of education authority , in consultation with 20 the community colleges , the economic development authority, 21 and the department of workforce development, shall adopt rules 22 pursuant to chapter 17A and this chapter to implement the 23 provisions of this chapter . Local workforce development boards 24 established pursuant to section 84A.4 shall be consulted in the 25 development and implementation of rules to be adopted pursuant 26 to this chapter . 27 Sec. 28. Section 260I.2, subsection 2, paragraph a, Code 28 2019, is amended to read as follows: 29 a. There is established for the community colleges 30 a gap tuition assistance fund in the state treasury to 31 be administered by the department of education economic 32 development authority . The funds in the gap tuition assistance 33 fund are appropriated to the department of education economic 34 development authority for the gap tuition assistance program. 35 -15- LSB 2339YH (2) 88 md/jh 15/ 36
H.F. 348 Sec. 29. Section 260I.3, subsection 1, Code 2019, is amended 1 to read as follows: 2 1. The department of education, in consultation with the 3 economic development authority , shall adopt rules pursuant to 4 this chapter defining eligibility criteria for persons applying 5 to receive tuition assistance under this chapter . 6 Sec. 30. Section 260I.10, Code 2019, is amended to read as 7 follows: 8 260I.10 Oversight. 9 1. The department of education economic development 10 authority , in coordination with the community colleges, shall 11 establish a steering committee. The steering committee shall 12 determine if the performance measures of the gap tuition 13 assistance program are being met and shall take necessary steps 14 to correct any deficiencies. The steering committee shall meet 15 at least quarterly to evaluate and monitor the performance of 16 the gap tuition assistance program. 17 2. The department of education economic development 18 authority , in coordination with the community colleges, 19 shall develop a common intake tracking system that shall be 20 implemented consistently by each participating community 21 college. 22 3. The department of education economic development 23 authority shall coordinate statewide oversight, evaluation, and 24 reporting efforts for the gap tuition assistance program. 25 Sec. 31. Section 260I.11, Code 2019, is amended to read as 26 follows: 27 260I.11 Rules. 28 The department of education economic development authority , 29 in consultation with the economic development authority and the 30 community colleges, shall adopt rules pursuant to chapter 17A 31 and this chapter to implement the provisions of this chapter . 32 Sec. 32. Section 261.1, subsection 2, paragraph b, Code 33 2019, is amended by striking the paragraph. 34 Sec. 33. NEW SECTION . 261.8 Transfer of authority and 35 -16- LSB 2339YH (2) 88 md/jh 16/ 36
H.F. 348 duties. 1 1. Beginning July 1, 2020, the authority and duties of the 2 department of education, the state board of education, and the 3 director of the department of education under this chapter 4 shall be transferred to the college student aid commission. 5 Accordingly, beginning July 1, 2020, all references to the 6 department of education or the director of the department of 7 education under this chapter and references to the department 8 of education or the director of the department of education 9 under other provisions of law relating to this chapter shall 10 mean the college student aid commission. 11 2. Any moneys remaining in any account or fund under the 12 control of the department of education at the conclusion 13 of the fiscal year beginning July 1, 2019, relative to the 14 provisions of this chapter shall be transferred to the control 15 of the college student aid commission for such purposes. 16 Notwithstanding section 8.33, the moneys transferred in 17 accordance with this subsection shall not revert to the account 18 or fund from which appropriated or transferred. 19 3. Any contract entered into by the department of education 20 relating to the provisions of this chapter in effect at the 21 conclusion of the fiscal year beginning July 1, 2019, shall 22 continue in full force and effect pending transfer of such 23 contracts to the college student aid commission. 24 4. Any rule, regulation, form, order, or directive 25 promulgated by the department of education relative to the 26 provisions of this chapter in existence at the conclusion of 27 the fiscal year beginning July 1, 2019, shall continue in full 28 force and effect until amended, repealed, or supplemented by 29 affirmative action of the college student aid commission under 30 the duties and powers established in this chapter and under the 31 procedure established in subsection 5. 32 5. In regard to updating references and format in the Iowa 33 administrative code in order to correspond to the transferring 34 of duties of this chapter, the administrative rules coordinator 35 -17- LSB 2339YH (2) 88 md/jh 17/ 36
H.F. 348 and the administrative rules review committee, in consultation 1 with the administrative code editor, shall jointly develop a 2 schedule for the necessary updating of the Iowa administrative 3 code. 4 Sec. 34. NEW SECTION . 261E.1A Transfer of authority and 5 duties. 6 1. Beginning July 1, 2020, the authority and duties of 7 the department of education, the state board of education, 8 and the director of the department of education under this 9 chapter shall be transferred to the state board of regents. 10 Accordingly, beginning July 1, 2020, all references to the 11 department of education, the state board of education, or the 12 director of the department of education under this chapter 13 and references to the department of education, state board of 14 education, or director of the department of education under 15 other provisions of law relating to this chapter shall mean the 16 state board of regents. 17 2. Any moneys remaining in any account or fund under the 18 control of the department of education at the conclusion of the 19 fiscal year beginning July 1, 2019, relative to the provisions 20 of this chapter shall be transferred to the control of the 21 state board of regents for such purposes. Notwithstanding 22 section 8.33, the moneys transferred in accordance with this 23 subsection shall not revert to the account or fund from which 24 appropriated or transferred. 25 3. Any contract entered into by the department of education 26 relating to the provisions of this chapter in effect at the 27 conclusion of the fiscal year beginning July 1, 2019, shall 28 continue in full force and effect pending transfer of such 29 contracts to the state board of regents. 30 4. Any rule, regulation, form, order, or directive 31 promulgated by the department of education relative to the 32 provisions of this chapter in existence at the conclusion of 33 the fiscal year beginning July 1, 2019, shall continue in full 34 force and effect until amended, repealed, or supplemented by 35 -18- LSB 2339YH (2) 88 md/jh 18/ 36
H.F. 348 affirmative action of the state board of regents under the 1 duties and powers established in this chapter and under the 2 procedure established in subsection 5. 3 5. In regard to updating references and format in the Iowa 4 administrative code in order to correspond to the transferring 5 of duties of this chapter, the administrative rules coordinator 6 and the administrative rules review committee, in consultation 7 with the administrative code editor, shall jointly develop a 8 schedule for the necessary updating of the Iowa administrative 9 code. 10 Sec. 35. Section 262.9, subsection 27, Code 2019, is amended 11 to read as follows: 12 27. Explore , in conjunction with the department 13 of education, the need for coordination between school 14 districts, area education agencies, state board of regents 15 institutions, and community colleges for purposes of delivery 16 of courses, use of telecommunications, transportation, and 17 other similar issues. Coordination may include but is not 18 limited to coordination of calendars, programs, schedules, or 19 telecommunications emissions. The state board shall develop 20 recommendations as necessary, which shall be submitted in a 21 report to the general assembly on a timely basis. 22 Sec. 36. Section 262.9, subsection 33, unnumbered paragraph 23 1, Code 2019, is amended to read as follows: 24 In consultation with the state board of education, establish 25 Establish and enter into a collective statewide articulation 26 agreement with the community colleges established pursuant to 27 chapter 260C , which shall provide for the seamless transfer 28 of academic credits from a completed associate of arts or 29 associate of science degree program offered by a community 30 college to a baccalaureate degree program offered by an 31 institution of higher education governed by the board. The 32 board shall also do the following: 33 Sec. 37. Section 262.9, subsection 33, paragraph i, Code 34 2019, is amended to read as follows: 35 -19- LSB 2339YH (2) 88 md/jh 19/ 36
H.F. 348 i. Prepare, jointly with the department of education and 1 the liaison advisory committee on transfer students, and submit 2 by January 15 annually to the general assembly, an update on 3 the articulation efforts and activities implemented by the 4 community colleges and the institutions of higher education 5 governed by the board. 6 Sec. 38. Section 262.71, subsection 9, Code 2019, is amended 7 by striking the subsection. 8 Sec. 39. Section 272.1, subsection 4, Code 2019, is amended 9 by striking the subsection. 10 Sec. 40. NEW SECTION . 272.1A Transfer of authority and 11 duties. 12 1. Beginning July 1, 2020, the authority and duties of the 13 department of education, the state board of education, and the 14 director of the department of education under this chapter 15 shall be transferred to the board of educational examiners. 16 Accordingly, beginning July 1, 2020, all references to the 17 department of education, the state board of education, or the 18 director of the department of education under this chapter 19 and references to the department of education, state board of 20 education, or director of the department of education under 21 other provisions of law relating to this chapter shall mean the 22 board of educational examiners. 23 2. Any moneys remaining in any account or fund under the 24 control of the department of education at the conclusion 25 of the fiscal year beginning July 1, 2019, relative to the 26 provisions of this chapter shall be transferred to the control 27 of the board of educational examiners for such purposes. 28 Notwithstanding section 8.33, the moneys transferred in 29 accordance with this subsection shall not revert to the account 30 or fund from which appropriated or transferred. 31 3. Any contract entered into by the department of education 32 relating to the provisions of this chapter in effect at the 33 conclusion of the fiscal year beginning July 1, 2019, shall 34 continue in full force and effect pending transfer of such 35 -20- LSB 2339YH (2) 88 md/jh 20/ 36
H.F. 348 contracts to the board of educational examiners. 1 Sec. 41. Section 272.3, subsection 1, unnumbered paragraph 2 1, Code 2019, is amended to read as follows: 3 The board of educational examiners consists of twelve 4 members. Two must be members of the general public , one 5 must be the director of the department of education or the 6 director’s designee, and the remaining nine ten members must be 7 licensed practitioners. One of the public members shall have 8 served on a school board. The public members shall never have 9 held a practitioner’s license, but shall have a demonstrated 10 interest in education. The nine ten practitioners shall be 11 selected from the following areas and specialties of the 12 teaching profession: 13 Sec. 42. Section 272.3, subsection 2, Code 2019, is amended 14 to read as follows: 15 2. A majority of the licensed practitioner members shall 16 be nonadministrative practitioners. Four of the members shall 17 be administrators. Membership of the board shall comply with 18 the requirements of sections 69.16 and 69.16A . A quorum of the 19 board shall consist of six members. Members shall elect a 20 chairperson of the board. Members , except for the director of 21 the department of education or the director’s designee, shall 22 be appointed by the governor subject to confirmation by the 23 senate. 24 Sec. 43. Section 272.4, subsection 1, unnumbered paragraph 25 1, Code 2019, is amended to read as follows: 26 Members , except for the director of the department of 27 education or the director’s designee, shall be appointed to 28 serve staggered terms of four years. A member shall not serve 29 more than two consecutive terms , except for the director of the 30 department of education or the director’s designee, who shall 31 serve until the director’s term of office expires . A member of 32 the board, except for the two public members and the director 33 of the department of education or the director’s designee , 34 shall hold a valid practitioner’s license during the member’s 35 -21- LSB 2339YH (2) 88 md/jh 21/ 36
H.F. 348 term of office. A vacancy exists when any of the following 1 occur: 2 Sec. 44. NEW SECTION . 273.1A Transfer of authority and 3 duties. 4 1. Beginning July 1, 2020, the authority and duties of 5 the department of education, the state board of education, 6 and the director of the department of education under this 7 chapter shall, to the extent feasible, be transferred to the 8 area education agency boards of directors in this state. 9 Accordingly, beginning July 1, 2020, all references to the 10 department of education, the state board of education, and the 11 director of the department of education under this chapter and 12 references to the department of education, the state board of 13 education, and the director of the department of education 14 under other provisions of law relating to this chapter shall 15 mean the applicable area education agency board of directors. 16 2. Any rule, regulation, form, order, or directive 17 promulgated by the department of education relative to the 18 provisions of this chapter in existence at the conclusion of 19 the fiscal year beginning July 1, 2019, shall continue in full 20 force and effect. 21 Sec. 45. Section 273.2, subsection 5, unnumbered paragraph 22 1, Code 2019, is amended to read as follows: 23 The area education agency board may provide for the 24 following programs and services to local school districts , and 25 at the request of local school districts to providers of child 26 development services who have received grants under chapter 27 256A from the child development coordinating council, within 28 the limits of funds available: 29 Sec. 46. NEW SECTION . 274.1A Transfer of authority and 30 duties. 31 1. Beginning July 1, 2020, the authority and duties of the 32 department of education and the director of the department of 33 education under this chapter shall, to the extent feasible, be 34 transferred to the area education agency boards of directors 35 -22- LSB 2339YH (2) 88 md/jh 22/ 36
H.F. 348 in this state. Accordingly, beginning July 1, 2020, all 1 references to the department of education and the director of 2 the department of education under this chapter and references 3 to the department of education and the director of the 4 department of education under other provisions of law relating 5 to this chapter shall mean the applicable area education agency 6 board of directors. 7 2. Any rule, regulation, form, order, or directive 8 promulgated by the department of education or the director 9 of the department of education relative to the provisions of 10 this chapter in existence at the conclusion of the fiscal 11 year beginning July 1, 2019, shall continue in full force and 12 effect. 13 Sec. 47. NEW SECTION . 275.1A Transfer of authority and 14 duties. 15 1. Beginning July 1, 2020, the authority and duties of 16 the department of education, the state board of education, 17 and the director of the department of education under this 18 chapter shall, to the extent feasible, be transferred to the 19 area education agency boards of directors in this state. 20 Accordingly, beginning July 1, 2020, all references to the 21 department of education, the state board of education, and the 22 director of the department of education under this chapter and 23 references to the department of education, the state board of 24 education, and the director of the department of education 25 under other provisions of law relating to this chapter shall 26 mean the applicable area education agency board of directors. 27 2. Any rule, regulation, form, order, or directive 28 promulgated by the department of education, the state board 29 of education, or the director of the department of education 30 relative to the provisions of this chapter in existence at the 31 conclusion of the fiscal year beginning July 1, 2019, shall 32 continue in full force and effect. 33 Sec. 48. Section 276.3, subsections 5 and 9, Code 2019, are 34 amended by striking the subsections. 35 -23- LSB 2339YH (2) 88 md/jh 23/ 36
H.F. 348 Sec. 49. Section 279.51, subsection 1, unnumbered paragraph 1 1, Code 2019, is amended to read as follows: 2 There is appropriated from the general fund of the state 3 to the department of education management for the fiscal year 4 beginning July 1, 2007, and each succeeding fiscal year, the 5 sum of twelve million six hundred six thousand one hundred 6 ninety-six dollars. The moneys shall be allocated as follows: 7 Sec. 50. Section 279.51, subsection 1, paragraphs b and d, 8 Code 2019, are amended by striking the paragraphs. 9 Sec. 51. Section 279.51, subsection 2, Code 2019, is amended 10 by striking the subsection. 11 Sec. 52. NEW SECTION . 279.72 Transfer of authority and 12 duties. 13 1. Beginning July 1, 2020, the authority and duties of 14 the department of education, the state board of education, 15 and the director of the department of education under this 16 chapter, to the extent feasible, shall be transferred to the 17 boards of directors for the respective school districts in the 18 state. Accordingly, beginning July 1, 2020, all references to 19 the department of education, the state board of education, and 20 the director of the department of education under this chapter 21 and references to the department of education, the state board 22 of education, and the director of the department of education 23 under other provisions of law relating to this chapter shall 24 mean the applicable board of directors of the school district. 25 2. Any rule, regulation, form, order, or directive 26 promulgated by the department of education, the state board 27 of education, or the director of the department of education 28 relative to the provisions of this chapter in existence at the 29 conclusion of the fiscal year beginning July 1, 2019, shall 30 continue in full force and effect. 31 Sec. 53. NEW SECTION . 280.1A Transfer of authority and 32 duties. 33 1. Beginning July 1, 2020, the authority and duties of 34 the department of education, the state board of education, 35 -24- LSB 2339YH (2) 88 md/jh 24/ 36
H.F. 348 and the director of the department of education under this 1 chapter, to the extent feasible, shall be transferred to the 2 boards of directors for the respective school districts in the 3 state. Accordingly, beginning July 1, 2020, all references to 4 the department of education, the state board of education, and 5 the director of the department of education under this chapter 6 and references to the department of education, the state board 7 of education, and the director of the department of education 8 under other provisions of law relating to this chapter shall 9 mean the applicable board of directors of the school district. 10 2. Any rule, regulation, form, order, or directive 11 promulgated by the department of education, the state board 12 of education, or the director of the department of education 13 relative to the provisions of this chapter in existence at the 14 conclusion of the fiscal year beginning July 1, 2019, shall 15 continue in full force and effect. 16 Sec. 54. NEW SECTION . 282.1A Transfer of authority and 17 duties. 18 1. Beginning July 1, 2020, the authority and duties of 19 the department of education, the state board of education, 20 and the director of the department of education under this 21 chapter, to the extent feasible, shall be transferred to the 22 boards of directors for the respective school districts in the 23 state. Accordingly, beginning July 1, 2020, all references to 24 the department of education, the state board of education, and 25 the director of the department of education under this chapter 26 and references to the department of education, the state board 27 of education, and the director of the department of education 28 under other provisions of law relating to this chapter shall 29 mean the applicable board of directors of the school district. 30 2. Any rule, regulation, form, order, or directive 31 promulgated by the department of education, the state board 32 of education, or the director of the department of education 33 relative to the provisions of this chapter in existence at the 34 conclusion of the fiscal year beginning July 1, 2019, shall 35 -25- LSB 2339YH (2) 88 md/jh 25/ 36
H.F. 348 continue in full force and effect. 1 Sec. 55. Section 282.18, subsections 5 and 14, Code 2019, 2 are amended to read as follows: 3 5. Open enrollment applications filed after March 1 4 of the preceding school year that do not qualify for good 5 cause as provided in subsection 4 shall be subject to the 6 approval of the board of the resident district and the board 7 of the receiving district. The parent or guardian shall send 8 notification to the district of residence and the receiving 9 district that the parent or guardian seeks to enroll the 10 parent’s or guardian’s child in the receiving district. A 11 decision of either board to deny an application filed under 12 this subsection involving repeated acts of harassment of the 13 student or serious health condition of the student that the 14 resident district cannot adequately address is subject to 15 appeal under section 290.1 . The state board shall exercise 16 broad discretion to achieve just and equitable results that are 17 in the best interest of the affected child or children. 18 14. If a request under this section is for transfer to a 19 laboratory school, as described in chapter 265 , the student, 20 who is the subject of the request, shall not be included in 21 the basic enrollment of the student’s district of residence, 22 and the laboratory school shall report the enrollment of the 23 student directly to the department of education management , 24 unless the number of students from the district attending the 25 laboratory school during the current school year, as a result 26 of open enrollment under this section , exceeds the number of 27 students enrolled in the laboratory school from that district 28 during the 1989-1990 school year. If the number of students 29 enrolled in the laboratory school from a district during the 30 current year exceeds the number of students enrolled from that 31 district during the 1989-1990 school year, those students who 32 represent the difference between the current and the 1988-1989 33 school year enrollment figures shall be included in the basic 34 enrollment of the students’ districts of residence and the 35 -26- LSB 2339YH (2) 88 md/jh 26/ 36
H.F. 348 districts shall retain any moneys received as a result of the 1 inclusion of the student in the district enrollment. The total 2 number of students enrolled at a laboratory school during a 3 school year shall not exceed six hundred seventy students. The 4 regents institution operating the laboratory school and the 5 board of directors of the school district in the community 6 in which the regents institution is located shall develop 7 a student transfer policy designed to protect and promote 8 the quality and integrity of the teacher education program 9 at the laboratory school, the viability of the education 10 program of the local school district in which the regents 11 institution is located, and to indicate the order in which and 12 reasons why requests to transfer to a laboratory school shall 13 be considered. A laboratory school may deny a request for 14 transfer under the policy. A denial of a request to transfer 15 under this subsection is not subject to appeal under section 16 290.1 . 17 Sec. 56. Section 282.18, subsection 16, Code 2019, is 18 amended by striking the subsection. 19 Sec. 57. Section 283.1, Code 2019, is amended to read as 20 follows: 21 283.1 Federal funds accepted. 22 The director of the department of education management 23 is the “state educational authority” for the purpose of 24 accepting and administering funds appropriated by Congress for 25 educational purposes and the funds shall be deposited with the 26 treasurer of state and disbursed through the department of 27 administrative services on vouchers audited as provided by law. 28 When state matching funds are required as a condition to the 29 acceptance of federal funds, the director of the department 30 of education management may make expenditures for matching 31 only from funds provided by the legislature for that purpose. 32 However, when federal funds may be matched with expenditures 33 from funds appropriated for the general operation of the 34 department of education management , this may be done with the 35 -27- LSB 2339YH (2) 88 md/jh 27/ 36
H.F. 348 approval of the legislative council. 1 Sec. 58. NEW SECTION . 283A.1A Transfer of authority and 2 duties. 3 1. Beginning July 1, 2020, the authority and duties of 4 the department of education, the state board of education, 5 and the director of the department of education under this 6 chapter, to the extent feasible, shall be transferred to the 7 boards of directors for the respective school districts in the 8 state. Accordingly, beginning July 1, 2020, all references to 9 the department of education, the state board of education, and 10 the director of the department of education under this chapter 11 and references to the department of education, the state board 12 of education, and the director of the department of education 13 under other provisions of law relating to this chapter shall 14 mean the applicable board of directors of the school district. 15 2. Any rule, regulation, form, order, or directive 16 promulgated by the department of education, the state board 17 of education, or the director of the department of education 18 relative to the provisions of this chapter in existence at the 19 conclusion of the fiscal year beginning July 1, 2019, shall 20 continue in full force and effect. 21 Sec. 59. Section 283A.3, Code 2019, is amended to read as 22 follows: 23 283A.3 Expenditure of federal funds. 24 The director of the department of education management shall 25 accept and direct the disbursement of funds appropriated by any 26 Act of Congress and appropriated to the state of Iowa for use 27 in connection with school breakfast or lunch programs. The 28 director shall deposit the funds with the treasurer of the 29 state of Iowa, who shall make disbursements upon the direction 30 of the director. 31 Sec. 60. NEW SECTION . 284.1A Transfer of authority and 32 duties. 33 1. Beginning July 1, 2020, the authority and duties of 34 the department of education, the state board of education, 35 -28- LSB 2339YH (2) 88 md/jh 28/ 36
H.F. 348 and the director of the department of education under this 1 chapter, to the extent feasible, shall be transferred to the 2 boards of directors for the respective school districts in the 3 state. Accordingly, beginning July 1, 2020, all references to 4 the department of education, the state board of education, and 5 the director of the department of education under this chapter 6 and references to the department of education, the state board 7 of education, and the director of the department of education 8 under other provisions of law relating to this chapter shall 9 mean the applicable board of directors of the school district. 10 2. Any rule, regulation, form, order, or directive 11 promulgated by the department of education, the state board 12 of education, or the director of the department of education 13 relative to the provisions of this chapter in existence at the 14 conclusion of the fiscal year beginning July 1, 2019, shall 15 continue in full force and effect. 16 Sec. 61. NEW SECTION . 284A.1A Transfer of authority and 17 duties. 18 1. Beginning July 1, 2020, the authority and duties of 19 the department of education, the state board of education, 20 and the director of the department of education under this 21 chapter, to the extent feasible, shall be transferred to the 22 boards of directors for the respective school districts in the 23 state. Accordingly, beginning July 1, 2020, all references to 24 the department of education, the state board of education, and 25 the director of the department of education under this chapter 26 and references to the department of education, the state board 27 of education, and the director of the department of education 28 under other provisions of law relating to this chapter shall 29 mean the applicable board of directors of the school district. 30 2. Any rule, regulation, form, order, or directive 31 promulgated by the department of education, the state board 32 of education, or the director of the department of education 33 relative to the provisions of this chapter in existence at the 34 conclusion of the fiscal year beginning July 1, 2019, shall 35 -29- LSB 2339YH (2) 88 md/jh 29/ 36
H.F. 348 continue in full force and effect. 1 Sec. 62. NEW SECTION . 285.7 Transfer of authority and 2 duties. 3 1. Beginning July 1, 2020, the authority and duties of 4 the department of education, the state board of education, 5 and the director of the department of education under this 6 chapter, to the extent feasible, shall be transferred to the 7 boards of directors for the respective school districts in the 8 state. Accordingly, beginning July 1, 2020, all references to 9 the department of education, the state board of education, and 10 the director of the department of education under this chapter 11 and references to the department of education, the state board 12 of education, and the director of the department of education 13 under other provisions of law relating to this chapter shall 14 mean the applicable board of directors of the school district. 15 2. Any rule, regulation, form, order, or directive 16 promulgated by the department of education, the state board 17 of education, or the director of the department of education 18 relative to the provisions of this chapter in existence at the 19 conclusion of the fiscal year beginning July 1, 2019, shall 20 continue in full force and effect. 21 Sec. 63. Section 291.11, Code 2019, is amended to read as 22 follows: 23 291.11 Officers reported. 24 The secretary shall report to the director of the department 25 of education management , the county auditor, and county 26 treasurer the name and post office address of the president, 27 treasurer and secretary of the board as soon as practicable 28 after the qualification of each. 29 Sec. 64. NEW SECTION . 292.1A Transfer of authority and 30 duties. 31 1. Beginning July 1, 2020, the authority and duties of the 32 department of education under this chapter shall be transferred 33 to the department of revenue. Accordingly, beginning July 1, 34 2020, all references to the department of education under this 35 -30- LSB 2339YH (2) 88 md/jh 30/ 36
H.F. 348 chapter and references to the department of education under 1 other provisions of law relating to this chapter shall mean the 2 department of revenue. 3 2. Any moneys remaining in any account or fund under the 4 control of the department of education at the conclusion of the 5 fiscal year beginning July 1, 2019, relative to the provisions 6 of this chapter shall be transferred to the control of the 7 department of revenue for such purposes. Notwithstanding 8 section 8.33, the moneys transferred in accordance with this 9 subsection shall not revert to the account or fund from which 10 appropriated or transferred. 11 3. Any contract entered into by the department of education 12 relating to the provisions of this chapter in effect at the 13 conclusion of the fiscal year beginning July 1, 2019, shall 14 continue in full force and effect pending transfer of such 15 contracts to the department of revenue. 16 4. Any rule, regulation, form, order, or directive 17 promulgated by the department of education relative to the 18 provisions of this chapter in existence at the conclusion of 19 the fiscal year beginning July 1, 2019, shall continue in full 20 force and effect until amended, repealed, or supplemented by 21 affirmative action of the department of revenue under the 22 duties and powers established in this chapter and under the 23 procedure established in subsection 5. 24 5. In regard to updating references and format in the Iowa 25 administrative code in order to correspond to the transferring 26 of duties of this chapter, the administrative rules coordinator 27 and the administrative rules review committee, in consultation 28 with the administrative code editor, shall jointly develop a 29 schedule for the necessary updating of the Iowa administrative 30 code. 31 Sec. 65. Section 294.5, Code 2019, is amended to read as 32 follows: 33 294.5 Reports. 34 The teacher shall file with the school superintendent and 35 -31- LSB 2339YH (2) 88 md/jh 31/ 36
H.F. 348 the director of the department of education such reports and in 1 such manner as may be required. 2 Sec. 66. Section 296.3, Code 2019, is amended to read as 3 follows: 4 296.3 Election called. 5 Within ten days of receipt of a petition filed under section 6 296.2 , the president of the board of directors shall call a 7 meeting of the board. The meeting shall be held within thirty 8 days after the petition was received. At the meeting, the 9 board shall call the election, fixing the time of the election, 10 which may be at the time and place of holding the regular 11 school election. However, if the board determines by unanimous 12 vote that the proposition or propositions requested by a 13 petition to be submitted at an election are grossly unrealistic 14 or contrary to the needs of the school district, no election 15 shall be called. If more than one petition has been received 16 by the time the board meets to consider the petition triggering 17 the meeting, the board shall act upon the petitions in the 18 order they were received at the meeting called to consider the 19 initial petition. The decision of the board may be appealed to 20 the state board of education as provided in chapter 290 . The 21 president shall notify the county commissioner of elections of 22 the time of the election. 23 Sec. 67. NEW SECTION . 297.37 Transfer of authority and 24 duties. 25 1. Beginning July 1, 2020, the authority and duties of the 26 department of education and the director of the department 27 of education under this chapter shall be transferred to the 28 department of administrative services and the director of the 29 department of administrative services. Accordingly, beginning 30 July 1, 2020, all references to the department of education 31 and the director of the department of education under this 32 chapter and references to the department of education and the 33 director of the department of education under other provisions 34 of law relating to this chapter shall mean the department of 35 -32- LSB 2339YH (2) 88 md/jh 32/ 36
H.F. 348 administrative services or the director of the department of 1 administrative services. 2 2. Any rule, regulation, form, order, or directive 3 promulgated by the department of education or the director 4 of the department of education relative to the provisions of 5 this chapter in existence at the conclusion of the fiscal 6 year beginning July 1, 2019, shall continue in full force and 7 effect. 8 Sec. 68. NEW SECTION . 299.25 Transfer of authority and 9 duties. 10 1. Beginning July 1, 2020, the authority and duties of 11 the department of education, the state board of education, 12 and the director of the department of education under this 13 chapter, to the extent feasible, shall be transferred to the 14 boards of directors for the respective school districts in the 15 state. Accordingly, beginning July 1, 2020, all references to 16 the department of education, the state board of education, and 17 the director of the department of education under this chapter 18 and references to the department of education, the state board 19 of education, and the director of the department of education 20 under other provisions of law relating to this chapter shall 21 mean the applicable board of directors of the school district. 22 2. Any rule, regulation, form, order, or directive 23 promulgated by the department of education, the state board 24 of education, or the director of the department of education 25 relative to the provisions of this chapter in existence at the 26 conclusion of the fiscal year beginning July 1, 2019, shall 27 continue in full force and effect. 28 Sec. 69. NEW SECTION . 299A.1A Transfer of authority and 29 duties. 30 1. Beginning July 1, 2020, the authority and duties of 31 the department of education, the state board of education, 32 and the director of the department of education under this 33 chapter, to the extent feasible, shall be transferred to the 34 boards of directors for the respective school districts in the 35 -33- LSB 2339YH (2) 88 md/jh 33/ 36
H.F. 348 state. Accordingly, beginning July 1, 2020, all references to 1 the department of education, the state board of education, and 2 the director of the department of education under this chapter 3 and references to the department of education, the state board 4 of education, and the director of the department of education 5 under other provisions of law relating to this chapter shall 6 mean the applicable board of directors of the school district. 7 2. Any rule, regulation, form, order, or directive 8 promulgated by the department of education, the state board 9 of education, or the director of the department of education 10 relative to the provisions of this chapter in existence at the 11 conclusion of the fiscal year beginning July 1, 2019, shall 12 continue in full force and effect. 13 Sec. 70. NEW SECTION . 301.1A Transfer of authority and 14 duties. 15 1. Beginning July 1, 2020, the authority and duties of 16 the department of education, the state board of education, 17 and the director of the department of education under this 18 chapter, to the extent feasible, shall be transferred to the 19 boards of directors for the respective school districts in the 20 state. Accordingly, beginning July 1, 2020, all references to 21 the department of education, the state board of education, and 22 the director of the department of education under this chapter 23 and references to the department of education, the state board 24 of education, and the director of the department of education 25 under other provisions of law relating to this chapter shall 26 mean the applicable board of directors of the school district. 27 2. Any rule, regulation, form, order, or directive 28 promulgated by the department of education, the state board 29 of education, or the director of the department of education 30 relative to the provisions of this chapter in existence at the 31 conclusion of the fiscal year beginning July 1, 2019, shall 32 continue in full force and effect. 33 Sec. 71. REPEAL. Sections 260C.6, 276.4, and 291.10, Code 34 2019, are repealed. 35 -34- LSB 2339YH (2) 88 md/jh 34/ 36
H.F. 348 Sec. 72. REPEAL. Chapters 256, 256A, 256G, and 290, Code 1 2019, are repealed. 2 Sec. 73. EFFECTIVE DATE. This division of this Act takes 3 effect July 1, 2020. 4 DIVISION II 5 CORRESPONDING AMENDMENTS LEGISLATION 6 Sec. 74. CORRESPONDING AMENDMENTS LEGISLATION. Additional 7 legislation is required to fully implement division I of this 8 Act. The director of the department of education shall, in 9 compliance with section 2.16, prepare draft legislation for 10 submission to the legislative services agency, as necessary, 11 to implement the transition and elimination of authority and 12 duties under division I of this Act and to implement the 13 transition and elimination of authority and duties under other 14 provisions of law including but not limited to the duties and 15 authority of the department of education, the state board of 16 education, the director of the department of education, and any 17 division, commission, or subunit of such entities or offices 18 under chapters 7A, 7E, 8A, 8B, 8D, 8F, 11, 12, 15, 15H, 16, 19B, 19 22, 48A, 68B, 73, 80E, 84A, 85, 96, 99B, 125, 135, 139A, 141A, 20 142A, 154B, 154F, 161A, 190A, 216A, 218, 225C, 232, 234, 237, 21 237A, 237C, 239B, 241, 249A, 257, 259A, 261B, 298A, 321, 321J, 22 322, 350, 423E, 423F, 455A, 455E, 473, 514I, 714, and 904. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to education by modifying the duties and 27 authority of certain state and local governmental entities. 28 Division I of the bill repeals Code chapter 256, which 29 establishes the department of education, establishes the office 30 of the director of the department of education, establishes 31 the state board of education, specifies certain educational 32 standards, establishes various education programs, establishes 33 certain councils and entities within the department of 34 education, includes provisions relating to the participation in 35 -35- LSB 2339YH (2) 88 md/jh 35/ 36
H.F. 348 extracurricular activities, establishes the division of library 1 services, includes the library compact, and establishes the 2 public broadcasting division. 3 Division I of the bill also amends and repeals other chapters 4 of the Code relating to education to transition the duties and 5 authority of the department of education, the director of the 6 department of education, and the state board of education to 7 other specified local and state governmental entities beginning 8 July 1, 2020. 9 Division I of the bill takes effect July 1, 2020. 10 Division II of the bill provides that additional legislation 11 is required to fully implement Division I of the bill and 12 requires the director of the department of education to 13 prepare draft legislation for submission to the legislative 14 services agency, as necessary, to implement the transition 15 and elimination of authority and duties under Division I of 16 the bill and to implement the transition and elimination of 17 authority and duties under other provisions of law including 18 but not limited to the duties and authority of the department 19 of education, the state board of education, the director of 20 the department of education, and any division, commission, 21 or subunit of such entities or offices under specified Code 22 chapters. 23 -36- LSB 2339YH (2) 88 md/jh 36/ 36
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