Amendment S-5042 to SF 2386

Filed March 5, 2024 in the Senate by Sen. Lynn Evans (R)

Amends this SF 2386 to CONFORM to HF 2612

What it changes

1. By striking everything after the enacting clause and inserting: “DIVISION I DIVISION OF SPECIAL EDUCATION OF THE DEPARTMENT OF EDUCATION Section
2. Section 256B.3, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION . 15A. Oversee the operation of each area education agency to ensure the area education agency complies with all applicable federal and state laws related to special education. Sec.
3. DIVISION OF SPECIAL EDUCATION —— EMPLOYEES. From July 1, 2024, to June 30, 2025, the division of special education of the department of education shall do all of the following:
4. Devote at least thirteen full-time equivalent positions within the department of education’s location in the city of Des Moines to oversight of the area education agencies, including the accreditation of area education agencies under section 273.10. a. At least one of the full-time equivalent positions shall be an administrator. b. At least one of the full-time equivalent positions shall be a bureau chief of special education. c. At least one of the full-time equivalent positions shall be a liaison for accredited nonpublic schools. d. At least one of the full-time equivalent positions shall be an employee whose primary job duties relate to the child find process for special education. e. At least one of the full-time equivalent positions shall be an employee whose primary job duties relate to best practices concerning the development and implementation of individualized education programs. f. At least five of the full-time equivalent positions shall be devoted to the accreditation of area education agencies.
5. 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. DIVISION II AREA EDUCATION AGENCIES —— GENERAL PROVISIONS Sec.
6. Section 256.9, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
7. 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” . Sec.
8. Section 273.2, subsections 1, 3, and 4, Code 2024, are amended to read as follows:
9. There are established throughout the state fifteen area education agencies, each of which is governed by an area education agency board of directors under the general supervision of the director, except as otherwise provided in this chapter . Each area education agency shall have an area education agency board of directors that shall serve in an advisory capacity. The boundaries of an area education agency shall not divide a school district. The director of the department of education shall change boundaries of area education agencies to take into account mergers of local school districts and changes in boundaries of local school districts, when necessary to maintain the policy of this chapter that a local school district shall not be a part of more than one area education agency.
10. a. The area education agency board shall furnish educational services and programs as provided in section 273.1 , this section , sections 273.3 through 273.8 , and chapter 256B to the pupils enrolled in public or nonpublic schools located within its boundaries which are on the list of accredited schools pursuant to section 256.11 , which request to receive such services . The programs and services provided shall be at least commensurate with programs and services existing on July 1,
11. The programs and services provided to pupils enrolled in nonpublic schools shall be comparable to programs and services provided to pupils enrolled in public schools within constitutional guidelines. 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
12. (2) The director of the department of education grants approval to the area education agency to furnish the evidence-based professional development services.
13. 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. Sec.
14. 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. Sec.
15. Section 273.3, subsections 1, 11, and 12, Code 2024, are amended to read as follows:
16. Determine the policies of Advise and consult with the area education agency on policies and procedures for providing programs and services.
17. 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.
18. 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
19. 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. Sec.
20. Section 273.3, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
21. 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.
22. Section 273.8, subsection 1, Code 2024, is amended to read as follows:
23. 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.
24. 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
25. Sec.
26. Section 273.8, subsection 3, Code 2024, is amended to read as follows:
27. 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. Sec.
28. Section 273.10, subsection 6, Code 2024, is amended to read as follows:
29. a. If the deficiencies in an area education program have not been corrected, the agency board director of the department of education shall take one of the following actions within sixty days from removal of accreditation: (1) Merge the deficient program with a program from another accredited area education agency. (2) Contract with another area education agency or other public educational institution for purposes of program delivery. b. The rules developed by the state board of education for the accreditation process shall include provisions for removal of accreditation, including provisions for proper notice to the administrator of the area education agency, each member of the board of directors of the area education agency, the department of education, and the superintendents and administrators of the schools of the districts served by the area education agency. Sec.
30. Section 273.11, Code 2024, is amended to read as follows: 273.11 Standards for accrediting area education programs.
31. The state board of education , in consultation with the department of education, shall develop standards and rules for the accreditation of area education agencies. Standards shall be general in nature, but at a minimum shall identify requirements addressing the services provided by each division, as well as identifying indicators of quality that will permit area education agencies, school districts, the division of special education of the department of education, and the general public to judge accurately the effectiveness of area education agency services.
32. Standards developed shall include, but are not limited to, the following: a. Support for school-community planning, including a means of assessing needs, developing collaborative relationships among community agencies, establishing shared direction , and implementing program plans and reporting progress toward goals for all students, including students with disabilities . b. Professional Evidence-based professional development programs that respond to current needs. c. Support for curriculum development, instruction, and assessment for services that address the areas of reading, language arts, math , and science, using research-based methodologies , for all students, including students with disabilities . d. Special education compliance and support. e. Management services, including financial reporting and purchasing as requested and funded by local districts. f. Support for instructional media services that supplement and support local district media centers and services. g. Support for school technology planning and staff development for implementing instructional technologies. h. A program and services evaluation and reporting system related to special education . i. Support for school district libraries in accordance with section 273.2, subsection 4 . j. Support for early childhood service coordination for families and children , age birth through three years, to meet health, safety, and learning needs , including service coordination . k. Support for schools and school districts in analyzing student achievement data related to the learning environment, comparing data to the external knowledge base, and using that information to guide schools and school districts in setting goals and implementing actions to improve student learning for all students, including students with disabilities. l. Support for addressing the diverse learning needs of all children and youths with disabilities who are eligible for special education, including through services that include direct services to students with disabilities. m. Support for schools and school districts to ensure compliance with rules adopted by the state board of education related to special education. n. Support necessary to implement effective instruction for all students, including students with disabilities, through school technology services. o. Support for students using educational programs and services in a manner that is consistent with the educational standards established pursuant to section 256.11. p. Support for staff development and adult learners utilizing evidence-based professional development in a manner that meets the professional needs of staff and adult learners consistent with standards adopted by the state board of education. q. Compliance with all relevant federal and state laws in the provision of services and supports to students, including students with disabilities. Sec.
33. AREA EDUCATION AGENCY —— TASK FORCE.
34. 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.
35. 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.
36. 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.
37. The task force shall submit its findings and recommendations in a report to the general assembly on or before December 31,
38. The report shall include an examination and evaluation of the impact to area education agencies and their operations and services made by this Act. Sec.
39. AREA EDUCATION AGENCY BOARDS OF DIRECTORS —— TRANSITION.
40. 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.
41. 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.
42. 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
43. Sec.
44. EFFECTIVE DATE. The following take effect July 1, 2025:
45. The portion of the section of this division of this Act amending section 273.2, subsection
47. The portion of the section of this division of this Act amending section 273.3, subsection
48. Sec.
49. APPLICABILITY. The following applies to employment agreements entered into or renewed between an area education agency and an area education agency administrator on or after July 1, 2024: The portion of the section of this division of this Act amending section 273.3, subsection
50. Sec.
51. APPLICABILITY. The following apply to members of the boards of directors of area education agencies elected on or after July 1, 2024:
52. The section of this division of this Act amending section 273.8, subsection
54. The section of this division of this Act amending section 273.8, subsection 2, paragraph “c”. DIVISION III AREA EDUCATION AGENCIES —— FUNDING Sec.
55. Section 257.1, subsection 3, Code 2024, is amended to read as follows:
56. Computations rounded. In making computations and payments under this chapter , except in the case of computations relating to funding of special education support services, media services, and educational services provided through the area education agencies under section 257.37 , and the teacher salary supplement, the professional development supplement, the early intervention supplement, and the teacher leadership supplement, the department of management shall round amounts to the nearest whole dollar. Sec.
57. Section 257.10, subsection 7, Code 2024, is amended to read as follows:
58. Special education support services district cost. Special education support services district cost for a school district for a budget year is equal to the special education support services district cost per pupil for the budget year multiplied by the special education support services weighted enrollment for the district for the budget year. If the special education support services district cost for a school district for a budget year is less than the special education support services district cost for that district for the base year, the department of management shall adjust the special education support services district cost for that district for the budget year to equal the special education support services district cost for the base year. Funds calculated under this subsection and received by a school district shall be used by the school district for special education support services contracted from an area education agency. 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. Sec.
59. Section 257.10, subsection 8, paragraph a, Code 2024, is amended to read as follows: a. Combined district cost is the sum of the regular program district cost per pupil multiplied by the weighted enrollment, the special education support services district cost, the total teacher salary supplement district cost, the total professional development supplement district cost, the total early intervention supplement district cost, and the total teacher leadership supplement district cost, plus the sum of the additional district cost allocated to the district to fund media services and educational services provided through the area education agency under section 257.37 , the area education agency total teacher salary supplement district cost and the area education agency total professional development supplement district cost. Sec.
60. Section 257.35, subsection 1, Code 2024, is amended to read as follows:

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book