Amendment H-8107 to HF 2612

Filed February 28, 2024 in the House by

What it changes

1. Page 1, line 5, by striking “Beginning July 1, 2025, oversee” and inserting “Oversee”
2. By striking page 1, line 33, through page 2, line 2, and inserting: “
3. Within the main office of each area education agency, devote an amount of full-time equivalent positions, as determined by the division of special education of the department of education but not to exceed forty full-time equivalent positions in the aggregate, that is commensurate with the number of students enrolled in school districts located within the area education agency to ensure the area education agency complies with all applicable federal and state laws related to special education and to review the services provided by the area education agency.”
4. Page 2, after line 4 by inserting: “Sec. ___. Section 256.9, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
5. Develop and distribute to school districts, accredited nonpublic schools, and area education agencies a list of evidence-based professional development services that an area education agency may provide to a school district or accredited nonpublic school pursuant to section 273.2, subsection 3, paragraph “b” .”
6. Page 2, line 5, by striking “subsections 1 and 3,” and inserting “subsections 1, 3, and 4,”
7. By striking page 2, line 33, through page 3, line 2, and inserting: “b. The area education agency may furnish evidence-based professional development services to public or nonpublic schools which are on the list of accredited schools pursuant to section 256.11 if any of the following requirements are satisfied: (1) The professional development service is included on the list developed by the director of the department of education pursuant to section 256.9, subsection
8. (2) The director of the department of education grants approval to the area education agency to furnish the evidence-based professional development services.
9. The area education agency board shall provide for special education services and media services for the local school districts in the area and shall encourage and assist school districts in the area to establish programs for gifted and talented children. The board shall assist in facilitating interlibrary loans of materials between school districts and other libraries.”
10. Page 3, before line 3 by inserting: “Sec. ___. Section 273.2, Code 2024, is amended by adding the following new subsections: NEW SUBSECTION . 4A. a. The area education agency board may furnish services under subsection 3 or 4 to public or nonpublic schools located within its boundaries, or within the boundaries of a contiguous area education agency, which are on the list of accredited schools pursuant to section 256.11. b. Notwithstanding paragraph “a” , the area education agency board may furnish services under subsection 3 or 4 to a public school located within the boundaries of an area education agency that is not contiguous if the school district shares a superintendent with another school district, pursuant to section 257.11, subsection 5, that receives services from the area education agency board pursuant to paragraph “a” . NEW SUBSECTION . 4B. A school district shall not receive services under subsection 3 or 4 from different area education agency boards.”
11. By striking page 3, line 8, through page 4, line 22, and inserting: “
12. Employ personnel to carry out the functions of the area education agency which shall include the employment of an administrator who shall possess a license issued under chapter 256, subchapter VII, part 3 by the board of educational examiners and, beginning July 1, 2025, a prekindergarten through grade twelve superintendent and area education agency administrator authorization issued by the board of educational examiners and either a prekindergarten through grade twelve principal and special education supervisor authorization issued by the board of educational examiners or a director of special education authorization issued by the board of educational examiners . The administrator shall be employed pursuant to section 279.20 and sections 279.23 , 279.24 , and 279.25 . The salary for an area education agency administrator shall be established by the board based upon the previous experience and education of the administrator ; provided, however, that the salary for an area education agency administrator shall not exceed one hundred twenty-five percent of the average salary of all superintendents of the school districts that are located within the boundaries of the area education agency at the time the employment agreement is entered into or renewed between an area education agency and an area education agency administrator, not including superintendents who are responsible for supplementary weighting being made available to a school district pursuant to section 257.11, subsection 5 . The salary for an area education agency administrator shall not be reduced during the initial term of the employment agreement between the area education agency and the area education agency administrator. Section 279.13 applies to the area education agency board and to all teachers employed by the area education agency. Sections 279.23 , 279.24 , and 279.25 apply to the area education board and to all administrators employed by the area education agency. Section 279.69 applies to the area education agency board and employees of the board, including part-time, substitute, or contract employees, who provide services to a school or school district.
13. Prepare an annual budget estimating income and expenditures for programs and services as provided in sections 273.1 , 273.2 , this section , sections 273.4 through 273.8 , and chapter 256B within the limits of funds provided under section 256B.9 and chapter 257 . The board shall post notice of a public hearing on submit the proposed budget on the area education agency’s internet site and by publication in the newspaper of general circulation in the territory of the area education agency in which the principal place of business of a school district that is a part of the area education agency is located to the director of the department of education for approval not later than March 1 of each year, and the director shall either approve or reject the proposed budget for changes within ten days after submission . The notice shall specify the date, which shall be not later than March 1 of each year, the time, and the location of the public hearing. The proposed budget as approved by the board director of the department of education shall then be submitted to the state board of education, on forms provided by the department, no later than March 15 preceding the next fiscal year for approval. The state board shall review the proposed budget of each area education agency and shall before May 1, either grant approval or return the budget without approval with comments of the state board included. An unapproved budget shall be resubmitted to the state board for final approval not later than May
14. The state board shall give final approval only to budgets submitted by area education agencies accredited by the state board or that have been given conditional accreditation by the state board.”
15. Page 4, before line 23 by inserting: “Sec. ___. Section 273.3, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
16. On a quarterly basis, prepare and submit to each school district that receives services from the area education agency a report that includes all of the following: a. A monetary accounting of payments the area education agency received from the school district, including payments under section 257.35. b. A description of all of the following: (1) The special education services provided by the area education agency to the school district. (2) The services provided by the area education agency under part C of the federal Individuals with Disabilities Education Act. (3) The services provided by the area education agency that are related to the child find process for special education. (4) The general supervision services provided by the area education agency. (5) The services provided by the area education agency to accredited nonpublic schools and charter schools. Sec. ___. Section 273.8, subsection 1, Code 2024, is amended to read as follows:
17. Board of directors. The board of directors of an area education agency shall consist of not less than five nor more than nine members , each a resident of and elected in the manner provided in this section from a director district that is approximately equal in population to the other director districts in the area education agency . Each director shall serve a four-year term which commences at the organization meeting. a. A majority of the members of the board of directors of an area education agency must be superintendents of school districts located within the boundaries of the area education agency who are elected in the manner provided in this section. b. The remainder of the members of the board of directors of an area education agency must be residents of and elected in the manner provided in this section from a director district that is approximately equal in population to the other director districts in the area education agency. Sec. ___. Section 273.8, subsection 2, paragraphs c and d, Code 2024, are amended to read as follows: c. The board of each separate school district that is located entirely or partially inside an area education agency director district shall cast a vote for director of the area education agency board based upon the ratio that the population of the school district, or portion of the school district, in the director district bears to the total population in the director district. The population of each school district or portion shall be determined by the department of education. The member of the area education agency board to be elected may be a superintendent of a local school district or a member of a local school district board of directors and shall be an elector and a resident of the director district , but shall not be a school district employee . d. Vacancies, as defined in section 277.29 , in the membership of the area education agency board shall be filled for the unexpired portion of the term at a director district convention called and conducted in the manner provided in subsection 3 . A vacancy created in a membership position described in section 273.8, subsection 1, paragraph “a” , shall be filled for the unexpired portion of the term by a superintendent of a school district located within the boundaries of the area education agency at a director district convention called and conducted in the manner provided in subsection
18. Sec. ___. Section 273.8, subsection 3, Code 2024, is amended to read as follows:
19. Director district convention. If no candidate files with the area education agency secretary by the deadline specified in subsection 2 , or a vacancy occurs, or if otherwise required as provided in section 273.23, subsection 3 , a director district convention, attended by members of the boards of directors of the local school districts located within the director district, shall be called to elect a board member for that director district , consistent with the membership requirements described in subsection 1 . The convention location shall be determined by the area education agency administrator. Notice of the time, date, and place of a director district convention shall be published by the area education agency administrator in at least one newspaper of general circulation in the director district at least thirty days prior to the day of the convention. The cost of publication shall be paid by the area education agency. A candidate for election to the area education agency board shall file a statement of candidacy with the area education agency secretary at least ten days prior to the date of the director district convention on forms prescribed by the department of education, or nominations may be made at the convention by a delegate from a board of directors of a school district located within the director district. A statement of candidacy shall include the candidate’s name, address, and school district. Delegates to director district conventions shall not be bound by a school board or any school board member to pledge their votes to any candidate prior to the date of the convention.”
20. Page 5, line 25, after “for” by inserting “all students, including”
21. Page 5, line 31, after “for” by inserting “all students, including”
22. Page 6, line 16, after “for” by inserting “all students, including”
23. Page 6, line 26, by striking “students with disabilities” and inserting “students, including students with disabilities,”
24. Page 7, lines 2 and 3, by striking “students with disabilities” and inserting “students, including students with disabilities”
25. By striking page 7, line 5, through page 8, line 12, and inserting: “
26. The legislative council shall convene an area education agency task force that shall do all of the following: a. Study and make recommendations related to how to improve the outcomes of students who utilize services provided by area education agencies. b. Study and make recommendations related to the amount of compensation paid to administrators employed by area education agencies, core services provided by area education agencies, and how to best fund the following services provided by area education agencies: (1) Crisis response services. (2) Media services for nonpublic schools. (3) Professional development services. (4) Cooperative purchasing. (5) Services associated with regional planning partnerships. (6) Services associated with the federal Carl D. Perkins Career and Technical Education Improvement Act of 2006, codified at 20 U.S.C. §2301 et seq., as amended. (7) Services associated with the federal Every Student Succeeds Act, Pub. L. No. 114-95. (8) Services provided in conjunction with special education equipment. c. Study and make recommendations related to all of the following: (1) The real property and facilities utilized by each area education agency. (2) The media services, educational services, and special education services provided by each area education agency. (3) What services area education agencies should provide. (4) Current accountability measures applicable to area education agencies. (5) The special education services provided by the division of special education of the department of education, area education agencies, and school districts. (6) The overall organizational structure that determines how special education services are provided to students in this state. (7) How the operation of area education agencies is overseen. (8) The accreditation standards related to area education agencies. (9) A timeline for modifications to the staffing numbers of area education agencies and the transition of responsibilities related to the oversight of area education agencies.
27. a. The task force shall consist of the following voting members who are appointed by the legislative council to represent different geographical regions of this state: (1) One special education teacher who is employed by a school district with a total enrollment of greater than or equal to one thousand students. (2) One special education teacher who is employed by a school district with a total enrollment of less than one thousand students. (3) One superintendent who is employed by a school district with a total enrollment of greater than or equal to one thousand students. (4) One superintendent who is employed by a school district with a total enrollment of less than one thousand students. (5) One teacher who is employed by a school district and who does not provide special education programs or services. (6) One parent or guardian of a student who has an individualized education program. (7) One parent or guardian of a student who has a plan under section 504 of the Rehabilitation Act, 29 U.S.C. §794. (8) One president or chief executive officer of an accredited nonpublic school. b. The task force shall also consist of the following voting members: (1) One member to be appointed by the governor. (2) One member to be appointed by the director of the department of education. (3) One member who is the chief administrator of the heartland area education agency. c. The task force shall also consist of the following ex officio, nonvoting members of the general assembly: (1) Two state senators appointed by the majority leader of the senate. (2) One state senator appointed by the minority leader of the senate. (3) Two state representatives appointed by the speaker of the house of representatives. (4) One state representative appointed by the minority leader of the house of representatives.
28. Any expenses incurred by a member of the task force shall be the responsibility of the individual member or the respective entity represented by the member.
29. The task force shall submit its findings and recommendations in a report to the general assembly on or before December 31,
30. The report shall include an examination and evaluation of the impact to area education agencies and their operations and services made by this Act.”
31. Page 8, before line 13 by inserting: “Sec. ___. AREA EDUCATION AGENCY BOARDS OF DIRECTORS —— TRANSITION.
32. a. If, as of July 1, 2024, the membership of an area education agency board of directors does not comply with the provisions of section 273.8, subsection 1, as amended in this division of this Act, the members of the boards of directors of the local school districts located within the area education agency director districts shall select the applicable number of the members of the area education agency board of directors whose terms shall, as of July 1, 2024, be deemed to have expired, notwithstanding the terms of office associated with the members under section 273.8, subsection 1, as amended in this division of this Act. b. If the members of the boards of directors of the local school districts located within the area education agency director districts are unable to select the applicable number of the members of the area education agency board of directors whose terms shall be deemed to have expired, as required in paragraph “a”, the director of the department of education shall select the applicable number of such members.
33. The membership of the board members that were selected under subsection 1 shall be deemed vacant when such selection is made. A director district convention shall be called under section 273.8, subsection 3, to fill such vacancies.
34. From the time the membership of the board members is deemed vacant pursuant to subsection 2 until the time the vacancies are filled through the director district convention, the area education agency board shall be authorized to exercise all power granted to it under chapter 273, notwithstanding the lack of a quorum under section 273.8, subsection
35. ”
36. Page 8, after line 24 by inserting: “Sec. ___. APPLICABILITY. The following apply to members of the boards of directors of area education agencies elected on or after July 1, 2024:
37. The section of this division of this Act amending section 273.8, subsection
39. The section of this division of this Act amending section 273.8, subsection 2, paragraph “c”.”
40. Page 9, line 20, after “agency.” by inserting “The contract between the school district and the area education agency shall not require the school district to describe the specific special education services the school district will receive from the area education agency. The special education services provided by the area education agency to the school district pursuant to the contract shall not be limited by the amount of funding the school district provided to the area education agency.”
41. By striking page 17, line 20, through page 18, line
43. Title page, by striking lines 1 through 7 and inserting “An Act relating to area education agencies, including by modifying provisions related to the duties and powers of area education agencies, the membership of area education agency boards of directors, oversight by the department of education, funding, and establishing a task force related to area education agency operations, and including effective date and applicability provisions.”
44. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book