SSB 3080

This bill relates to education, including establishing a student first scholarship program and a student first enrollment supplement fund, requiring the boards of directors of school districts to publish certain specified information, and modifying provisions related to required social studies instruction, open enrollment, teacher librarian endorsements, competent private instruction, and special education. DIVISION I —— SCHOOL DISTRICT TRANSPARENCY.11, information related to all educational materials used for student instruction in each class in the school district, the procedures for the review and approval of all educational materials used for student instruction, a list of all books available to students in libraries operated by the school district, and a flowchart developed by the department of education showing the procedures for the parent or guardian of a student enrolled in the school district to request the removal of a book that is available to students in a library operated by the school district. The bill also requires the board of directors to update this information periodically and notify parents and guardians that the information has been updated. The bill provides that the board of directors shall maintain this information for at least five years on the school district’s internet site.76.76. The bill requires the board of directors of a school district to adopt protocols for the selection, review, reconsideration, and removal of materials from libraries operated by the school district. _____ operated by the school district, the lawful and ethical use of information resources, including plagiarism and intellectual property rights, and a process that allows the parent or guardian of a student enrolled in the school district to request the reconsideration or removal of materials from a library operated by the school district. DIVISION II —— STUDENT FIRST SCHOLARSHIP PROGRAM. Under the bill, for the school year beginning July 1, 2022, the following pupils who attend a nonpublic school are eligible to receive a student first scholarship: (1) a pupil whose household has an annual income which is less than or equal to 400 percent of the poverty income guidelines; (2) a pupil who has an individualized education program; and (3) a pupil who received a student first scholarship for the immediately preceding school budget year and who is eligible to enroll in grade through grade 12. The bill limits the number of student first scholarships to no more than 10,000 in each school year. By January preceding the school year for which the student first scholarship is requested, the parent or guardian of a pupil enrolled in a school district, eligible to enroll in a school district for kindergarten in the next school year, or enrolled in a nonpublic school who received a student first scholarship in the current school year, may request a student first scholarship by submitting an application to the department of education indicating that the parent or guardian intends to enroll the pupil in a nonpublic school for the entirety of the school year. The bill requires that by February preceding the school year for which the student first scholarship is requested, the department of education must notify the parent or guardian of each pupil approved for the following school year to receive a student first scholarship and the amount of the student first scholarship for the pupil, as specified in the bill. Student first scholarships must be approved for each school year and applications must be submitted each year. _____ how the department is to choose which applications to approve. The bill creates a student first scholarship fund in the state treasury under the control of the department of education consisting of moneys appropriated to the department of education for the purpose of providing student first scholarships. For the fiscal year commencing July 1, 2022, and each succeeding fiscal year, the bill appropriates from the general fund of the state to the department of education for deposit in the fund the amount necessary to pay all student first scholarships approved for that fiscal year. For each pupil approved for a student first scholarship, the department of education must establish an account for that pupil in the student first scholarship fund. The amount of the pupil’s student first scholarship is deposited into the pupil’s account on July and such amount is available for use by parents and guardians for the payment of qualified educational expenses, as defined in the bill, incurred by the parent or guardian for the pupil during that fiscal year. The bill authorizes the department of education to contract with a private financial management firm to manage the student first scholarship fund, in collaboration with the treasurer of state, including providing for the disbursement of student first scholarships in the form of an electronic debit card or checks that are payable directly from the pupil’s account within the fund. The bill provides that moneys remaining in a pupil’s account upon the conclusion of the fiscal year shall remain in the pupil’s account in the student first scholarship fund for the payment of qualified educational expenses in future fiscal years during which the pupil participates in the program until the pupil becomes ineligible or until the remaining amounts are required to be transferred to the general fund of the state under the bill. _____ upon graduation from high school or reaching years of age, whichever occurs first, the department of education is required to transfer such remaining moneys for deposit in the general fund of the state. The bill establishes procedures for parent or guardian appeals to the state board of education and provides that a person who makes a false claim for the purpose of obtaining a student first scholarship or who knowingly receives the scholarship or makes a payment from an account in the student first scholarship fund without being legally entitled to do so is guilty of a fraudulent practice and is subject to a criminal penalty. The bill directs the department of education to recover scholarships and amounts improperly awarded or paid and requires the closure of the pupil’s account and transfer of all remaining moneys to the general fund of the state. The bill also establishes requirements and procedures for parents or guardians and for the department of education when a pupil receiving a student first scholarship withdraws or is expelled from the nonpublic school prior to the end of the required attendance period of the school year, including requirements for disposition of the pupil’s account within the student first scholarship fund and recovery of scholarship funds. The section of the bill enacting the student first scholarship program takes effect upon enactment and applies to school budget years and fiscal years beginning on or after July 1, 2022. The bill contains provisions extending certain application and notification deadlines related to the student first scholarship program for the school year beginning July 1, 2022, which take effect upon enactment. The bill also authorizes the department of education to adopt emergency rules to implement the student first scholarship program. The bill provides that a student first scholarship received by a taxpayer is not taxable income for purposes of state individual income taxation. _____ 2022. The bill establishes a student first enrollment supplement fund under the control of the department of management.16B, subsection 2, paragraph “c”, subparagraphs (1) and (2), for the calculation of school district property tax replacement payments. Moneys available in a fiscal year in the student first enrollment supplement fund shall be distributed in equal amounts as student first enrollment supplement payments to school districts with a budget enrollment of 500 students or less for the budget year. Student first enrollment supplement payments shall be miscellaneous income and shall be deposited in the general fund of the school district.14. The section of the bill enacting the student first enrollment supplement fund applies to school budget years and fiscal years beginning on or after July 1, 2023. DIVISION III —— SOCIAL STUDIES INSTRUCTION.11 is required to include, in grades through 12, five units of social studies, one-half unit of which is to consist of instruction in United States government. The bill provides that this one-half unit of United States government shall include an assessment of the student’s knowledge of United States government and civics. _____ used as the assessment. The bill requires each school district and nonpublic school to submit the results of the civics test to the department of education by June of each year. The bill authorizes a school district or nonpublic school to modify the civics test for a student who has an individualized education program. The bill provides that a student must answer at least percent of the questions correctly on the civics test as a condition of graduation. The bill authorizes a student who fails to answer at least percent of the questions on the civics test correctly to retake the civics test. DIVISION IV —— PRIVATE INSTRUCTION —— SPECIAL EDUCATION. The bill provides that a child of compulsory attendance age who is identified as requiring special education is eligible for placement under competent private instruction without prior approval of the placement by the director of special education of an area education agency. The bill also provides that a child who is identified as requiring special education may request dual enrollment and the appropriate special education services for the child shall be determined pursuant to Code chapter 256B (special education). DIVISION V —— OPEN ENROLLMENT.1. The bill provides that this right of appeal also applies to a decision of either board to deny an open enrollment application related to the sibling or stepsibling of such a student. _____ Additionally, the bill authorizes the sibling or stepsibling of such a student, attending a grade in grades through 12, who does participate in open enrollment to participate immediately in a varsity interscholastic sport. DIVISION VI —— TEACHER LIBRARIANS. The bill removes the requirement that the holder of a teacher librarian endorsement have a master’s degree.