Amendment S-5043 to HF 2612

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

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 256.9, subsection 54, Code 2024, is amended by striking the subsection. Sec.
3. Section 256B.3, Code 2024, is amended by adding the following new subsections: NEW SUBSECTION . 15A. Beginning July 1, 2025, 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. NEW SUBSECTION . 15B. Beginning July 1, 2025, provide guidance and standards to area education agencies for federal and state education initiatives which the area education agencies must implement statewide. Sec.
4. DEPARTMENT OF EDUCATION AND AREA EDUCATION AGENCIES —— STAFFING AND TRANSITION PLAN.
5. The department of education shall coordinate with each area education agency, and with the division of special education of the department, to develop a plan to transfer employees of the area education agency whose primary job duties involve providing oversight and compliance services to the area education agency to ensure the area education agency complies with all applicable federal and state laws related to special education from employment under the area education agency to employment under the division of special education of the department, as needed. The plan shall include a description of how the area education agency will accommodate any space needed in the area education agency’s facilities for employees of the division of special education.
6. The department of education will compile all of the plans created pursuant to subsection 1 and submit the compilation to the general assembly on or before January 1,
7. DIVISION II AREA EDUCATION AGENCIES —— GENERAL PROVISIONS Sec.
8. Section 273.1, Code 2024, is amended to read as follows: 273.1 Intent. It is the intent of the general assembly to provide an effective, efficient, and economical means of identifying and serving children from under five years of age through grade twelve who require special education and any other children requiring special education as defined in section 256B.2 ; to provide for media services and other programs and services for pupils in grades kindergarten through twelve and children requiring special education as defined in section 256B.2 ; to provide a method of financing the programs and services; and to avoid a duplication of programs and services provided by any other school corporation in the state; and to provide services to school districts under a contract with those school districts ; to improve student achievement; and to close student achievement gaps . Sec.
9. Section 273.2, subsections 1, 3, and 4, Code 2024, are amended to read as follows:
10. There are established throughout the state fifteen nine area education agencies, each of which is governed by an area education agency board of directors and, beginning July 1, 2025, by the division of special education of the department of education to the extent described in section 256B.3, subsection 15A . 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.
11. a. (1) The Subject to subparagraph (2), 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 . (2) A public school located within an area education agency’s boundaries that wishes to receive educational services and programs from the area education agency must request to receive such educational services and programs by February 1 of the preceding school year, including by providing for a method of payment for such services and programs and entering into an agreement with the area education agency. If a public school located within an area education agency’s boundaries requests to receive such services after February 1 of the preceding school year, the area education agency board may furnish the educational services and programs. (3) The programs and services provided under this subsection shall be at least commensurate with programs and services existing on July 1,
12. (4) 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 agencies may furnish evidence-based professional development services to public or nonpublic schools located within its boundaries which are on the list of accredited schools pursuant to section 256.11, subject to the approval of the director of the department of education.
13. The area education agency board shall provide do all of the following: a. Provide for special education services and media services for the local school districts in the area and shall encourage that request to receive such services by February 1 of the preceding school year, including by providing for a method of payment for such services and entering into agreements with the area education agency. An area education agency may provide special education services for local school districts in the area that request to receive such services after February 1 of the preceding school year. b. Encourage and assist school districts in the area to establish programs for gifted and talented children. The board shall assist c. 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. The area education agency board shall provide for media services for the local school districts in the area that request to receive such services by February 1 of the preceding school year, including by providing for a method of payment for such services and entering into agreements with the area education agency. An area education agency may provide media services for local school districts in the area that request to receive such services after February 1 of the preceding school year. NEW SUBSECTION .
15. The area education agency board shall charge reasonable costs that are consistent with current market rates for the educational services, special education services, professional development services, and media services established by the area education agency board. NEW SUBSECTION .
16. The area education agency board shall provide an annual report by October 1 of each year to the general assembly and the department of education that includes a description of the progress the area education agency has made to improve the outcomes achieved by students receiving special education services and a description of how the area education agency is focusing the moneys it receives on providing services in the classroom. Sec.
17. Section 273.3, subsection 11, Code 2024, is amended to read as follows:
18. 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 . 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 . 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. Sec.
19. Section 273.3, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
20. Annually, on or before January 1 of each year, prepare and submit to each school district within the boundaries of 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, during the previous fiscal year. b. A description of the services the area education agency provided to the school district during the previous fiscal year, including a calculation of the cost per pupil for each category of service the area education agency provided to the school district. Sec.
21. Section 273.4, unnumbered paragraph 1, Code 2024, is amended to read as follows: Under direction of the board of directors of the area education agency, and, beginning July 1, 2025, the division of special education of the department of education, to the extent described in section 256B.3, subsection 15A, the administrator of the area education agency shall, in addition to other duties: Sec.
22. Section 273.5, unnumbered paragraph 1, Code 2024, is amended to read as follows: There shall be established a division of special education of the area education agency which shall provide for special education programs and services to the local school districts. The division of special education shall be headed by a director of special education who meets certification standards of the department of education. The director of special education shall be an employee of the division of special education of the department of education. The director of special education shall have the responsibility for implementation of state regulations and guidelines relating to special education programs and services. The director of special education shall have the following powers and duties: Sec.
23. Section 273.8, subsection 1, Code 2024, is amended to read as follows:
24. Board of directors. a. 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. b. Five 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. c. Four members of the board of directors of an area education agency must be appointed by the majority vote of the superintendents of school districts located within the boundaries of the area education agency. A member appointed pursuant to this paragraph must be a superintendent of a school district located within the boundaries of the area education agency; provided, however, that a superintendent appointed pursuant to this paragraph may designate any individual to serve for all, or the remainder of, the superintendent’s term. Sec.
25. 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 described in subsection 1, paragraph “b” , 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 described in subsection 1, paragraph “b” , to be elected may be 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. (1) Vacancies A vacancy , as defined in section 277.29 , in the a membership position of the area education agency board described in subsection 1, paragraph “b” , 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 . (2) A vacancy, as defined in section 277.29, in a membership position of the area education agency board described in subsection 1, paragraph “c” , shall be filled for the unexpired portion of the term by an individual who is appointed by the majority vote of the superintendents of school districts located within the boundaries of the area education agency. 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 described in subsection 1, paragraph “b” , for that director district. 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, Code 2024, is amended to read as follows: 273.10 Accreditation of area education programs.
29. The division of special education of the department of education shall develop, in consultation with the area education agencies, and establish an accreditation process for area education agencies by July 1, 1997 . At a minimum, the accreditation process shall consist of the following: a. The timely submission by an area education agency of information required by the division of special education of the department on forms provided by the department division of special education . b. The use of an accreditation team appointed by the director division of special education of the department of education to conduct an evaluation, including an on-site visit of each area education agency. The team shall include, but is not limited to, department staff members, representatives from the school districts served by the area education agency being evaluated, area education agency staff members from area education agencies other than the area education agency that conducts the programs being evaluated for accreditation, and other team members with expertise as deemed appropriate by the director division of special education .
30. Prior to a visit to an area education agency, the accreditation team shall have access to that area education agency’s program audit report filed with the department division of special education of the department of education . After a visit to an area education agency, the accreditation team shall determine whether the accreditation standards for a program, including but not limited to standards established pursuant to section 256.9, subsection 54 section 256B.3, subsection 15B , have been met and shall make a report to the director and the state board division of special education , together with a recommendation as to whether the programs of the area education agency should receive initial accreditation or remain accredited. The accreditation team shall report strengths and weaknesses, if any, for each accreditation standard and shall advise the area education agency of available resources and technical assistance to further enhance the strengths and improve areas of weakness. An area education agency may respond to the accreditation team’s report.
31. The state board of education division of special education of the department of education shall determine whether a program of an area education agency shall receive initial accreditation or shall remain accredited. a. Approval of area education agency programs by the state board division of special education shall be based upon the recommendation of the director of the department of education after a study of the factual and evaluative evidence on record about each area education agency program in terms of the accreditation standards adopted by the state board. b. Approval, if granted, shall be for a term of five years. However, the state board division of special education may grant conditional approval for a term of less than five years if conditions warrant.
32. If the state board of education division of special education of the department of education determines that an area education agency’s program does not meet accreditation standards, the director of the department of education division of special education , in cooperation with the board of directors of the area education agency, shall establish a remediation plan prescribing the procedures that must be taken to correct deficiencies in meeting the program standards, and shall establish a deadline date for correction of the deficiencies. The remediation plan is subject to the approval of the state board.
33. The division of special education of the department of education may suspend the accreditation of the area education agency program shall remain accredited during the implementation of the remediation plan. The accreditation team shall visit the area education agency and shall determine whether the deficiencies in the standards for the program have been corrected and shall make a report and recommendation to the director and the state board of education division of special education . The state board division of special education shall review the report and recommendation and shall determine whether the deficiencies in the program have been corrected. If the division of special education determines that the deficiencies in the program have been corrected, the division of special education shall reinstate the accreditation of the area education agency program if such accreditation was suspended pursuant to this subsection.
34. a. If the deficiencies in an area education program have not been corrected, the agency board division of special education 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.
35. Section 273.11, Code 2024, is amended to read as follows: 273.11 Standards for accrediting area education programs.
36. The state board of education , in consultation with the division of special education of 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.
37. 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 that includes information 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. Timely submission of required reports and documents to the state board of education, the department of education, and the division of special education of the department of education. l. 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. m. Support for addressing the diverse learning needs of all children and youths, including children and youths who are eligible for special education through services that include direct services to students with disabilities. n. Support for schools and school districts to ensure compliance with rules adopted by the state board of education related to special education. o. Support necessary to implement effective instruction for all students, including students with disabilities, through school technology services. p. Support for students using educational programs and services in a manner that is consistent with the educational standards established pursuant to section 256.11. q. 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. r. Compliance with all relevant federal and state laws in the provision of services and supports to students with disabilities. Sec.
38. TRANSITION PROVISIONS.
39. An area education agency that was accredited pursuant to section 273.10 on or before the effective date of the section of this division of this Act amending section 273.10 shall remain accredited unless and until the division of special education of the department of education takes action to remove accreditation from the area education agency pursuant to section 273.10, as amended in this division of this Act.
40. a. As of July 1, 2024, each area education agency shall terminate the employment of all directors of special education employed by the area education agency pursuant to section 273.5, as amended in this division of this Act. b. Within a reasonable time after July 1, 2024, the division of special education of the department of education shall employ at least one individual to serve as a director of special education in each area education agency. During the hiring process associated with employing an individual to serve as director of special education in an area education agency, the division of special education shall give preference to individuals whose employment was terminated pursuant to paragraph “a”. Sec.
41. EFFECTIVE DATE. The following take effect July 1, 2025:
42. The section of this division of this Act amending section 273.10.
43. The section of this division of this Act amending section 273.11. Sec.
44. 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 section of this division of this Act amending section 273.3, subsection
45. Sec.
46. APPLICABILITY. The following applies to the election of directors and vacancies occurring under section 273.8, as amended in this division of this Act, on or after July 1, 2024: The sections of this division of this Act amending section 273.8. Sec.
47. APPLICABILITY. The following apply to school years beginning on or after July 1, 2025:
48. The portion of the section of this division of this Act amending section 273.2, subsection
50. The portion of the section of this division of this Act amending section 273.2, subsection
52. The portion of the section of this division of this Act enacting section 273.2, subsection 4A. DIVISION III AREA EDUCATION AGENCIES —— FUNDING Sec.
53. Section 257.1, subsection 3, Code 2024, is amended to read as follows:
54. 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.
55. Section 257.10, subsection 7, Code 2024, is amended to read as follows:
56. 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 or an area education agency, as applicable, shall be used for special education support services. Sec.
57. 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.
58. Section 257.35, subsection 1, Code 2024, is amended to read as follows:
59. a. (1) The For fiscal years beginning before July 1, 2024, the department of management shall deduct the amounts calculated for special education support services, media services, area education agency teacher salary supplement district cost, area education agency professional development supplement district cost, and educational services for each school district from the state aid due to the district pursuant to this chapter and shall pay the amounts to the respective area education agencies on a monthly basis from September 15 through June 15 during each school year. (2) For the fiscal year beginning July 1, 2024, the department of management shall deduct the following amounts from the state aid due to each school district pursuant to this chapter and shall pay the amounts to the respective area education agencies on a monthly basis from September 15 through June 15 during each school year: (a) The amount calculated for special education support services for the school district. (b) Forty percent of the amount calculated for media services for the school district. (c) The area education agency teacher salary supplement district cost. (d) The area education agency professional development supplement district cost. (e) Forty percent of the amount calculated in section 257.37 for educational services for the school district. (3) For the fiscal year beginning July 1, 2025, and each fiscal year thereafter, the department of management shall deduct the following from the state aid due to each school district pursuant to this chapter and shall pay the amounts to the respective area education agencies on a monthly basis from September 15 through June 15 during each school year: (a) Ten percent of the amount calculated for special education support services for the school district. (b) The area education agency teacher salary supplement district cost. (c) The area education agency professional development supplement district cost. b. The department of management shall notify each school district of the amount of state aid deducted for these purposes and the balance of state aid shall be paid to the district. If a district does not qualify for state aid under this chapter in an amount sufficient to cover its amount due to the area education agency as calculated by the department of management, the school district shall pay the deficiency to the area education agency from other moneys received by the district, on a quarterly basis during each school year. Sec.
60. Section 257.37, Code 2024, is amended to read as follows: 257.37 Funding media and educational services. Media services and educational services provided by a school district or through the area education agencies agency shall be funded, to the extent provided, by an addition to the combined district cost of each school district, determined as follows:

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

Official amendment (PDF) · In the Bill Book