Bill Summary – FastDemocracy

Senate Study Bill 3073 - Introduced
                                   SENATE/HOUSE FILE _____
                                   BY (PROPOSED GOVERNOR BILL)
                             A BILL FOR
An Act relating to education, including modifying provisions
  related to the number of area education agencies in this
  state, the duties and powers of area education agencies,
  area education agency boards of directors, the department
  of administrative services, the director of the department
  of education, the division of special education within the
  department of education, the services provided by area
  education agencies, area education agency funding, the
  calculation of the teacher salary supplement district cost
  per pupil, and minimum teacher salaries, and including
  transition, effective date, and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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                             DIVISION I
           AREA EDUCATION AGENCIES —— GENERAL PROVISIONS
    Section 1. 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. 2. Section 273.2, Code 2024, is amended to read as
 follows:
    273.2 Area education agencies established —— powers ——
 services and programs.
    1. There are established throughout the state fifteen not
 more than nine area education agencies, as determined by the
 director of the department of education, 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
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 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.
    2. An area education agency established under this chapter
 is a body politic as a school corporation for the purpose of
 exercising powers granted under this chapter, and may sue and
 be sued. An area education agency may shall not hold real
 property and execute purchase agreements within two years of a
 disaster as defined in section 29C.2, subsection 4, and shall
 not enter into lease-purchase agreements pursuant to section
 273.3, subsection 7, and if the lease-purchase agreement
 exceeds ten years or the purchase price of the property to be
 acquired pursuant to a purchase or lease-purchase agreement
 exceeds the amount stated in section 26.3, subsection 1, the
 area education agency shall conduct a public hearing on the
 proposed purchase or lease-purchase agreement and receive
 approval from the area education agency board of directors and
 the state board of education or its designee before entering
 into the agreement. The department of administrative services
 is responsible for providing real property and facilities to
 the area education agencies, as determined in consultation
 with the director of the department of education, pursuant to
 a management fee agreement. The area education agencies are
 responsible for the general maintenance and the grounds of the
 real property and facilities provided by the department of
 administrative services.
    3. The area education agency board agencies 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. The programs and services
 provided shall be at least commensurate with programs and
 services existing on July 1, 1974. The programs and services
 provided to pupils enrolled in nonpublic schools shall be
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 comparable to programs and services provided to pupils enrolled
 in public schools within constitutional guidelines.
    4. The area education agency board agencies 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 that request to receive such
 services, including by entering into agreements with the area
 education agency. The board shall assist in facilitating
 interlibrary loans of materials between school districts and
 other libraries.
    5. The area education agency board agencies may provide for
 the following programs and services to local school districts,
 and at the request of local school districts to providers of
 child development services who have received grants under
 chapter 256A from the child development coordinating council,
 within the limits of funds available:
    a. In-service training programs for employees of school
 districts and area education agencies, provided at the time
 programs and services are established they do not duplicate
 programs and services available in that area from the
 universities under the state board of regents and from other
 universities and four-year institutions of higher education in
 Iowa. The in-service training programs shall include but are
 not limited to regular training concerning mental or emotional
 disorders which may afflict affect children and the impact
 children with such disorders have upon their families.
    b. Educational data processing pursuant to section 256.9,
 subsection 11.
    c. Research, demonstration projects and models, and
 educational planning for children under five years of age
 through grade twelve and children requiring special education
 as defined in section 256B.2 as approved by the state board of
 education.
    d. Auxiliary services for nonpublic school pupils as
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 provided in section 256.12. However, if auxiliary services are
 provided their funding shall be based on the type of service
 provided.
    e. Other educational programs and services for children
 under five years through grade twelve and children requiring
 special education as defined in section 256B.2 and for
 employees of school districts and area education agencies as
 approved by the state board of education.
    6. The board of directors of an area education agency shall
 not establish programs and services which duplicate programs
 and services which are or may be provided by the community
 colleges under the provisions of chapter 260C. An area
 education agency shall contract, whenever practicable, with
 other school corporations for the use of personnel, buildings,
 facilities, supplies, equipment, programs, and services.
    7. The board of an Subject to the approval of the director
 of the department of education, an area education agency or
 a consortium of two or more area education agencies shall
 contract with one or more licensed dietitians for the support
 of nutritional provisions in individual education plans
 developed in accordance with chapter 256B and to provide
 information to support school nutrition coordinators.
    8. The area education agency board shall collaborate
 with the department of education to provide a statewide
 infrastructure for educational data to create cost
 efficiencies, provide storage and disaster mitigation, and
 improve interconnectivity between schools and school districts.
 In addition, the area education agency boards shall work
 with the department to provide systemwide coordination in
 the implementation of the statewide longitudinal data system
 consistent with the federal American Recovery and Reinvestment
 Act of 2009. The area education agencies shall provide support
 to school districts’ information technology infrastructure
 that is consistent with the statewide infrastructure for the
 educational data collaborative.
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    9. The area education agency boards shall jointly develop a
 three-year statewide strategic plan that supports goals adopted
 by the state board of education pursuant to section 256.7,
 subsection 4, and the accreditation standards established
 pursuant to section 256.11; establish performance goals; and
 clearly identify the statewide efforts to improve student
 learning and create efficiencies in management operations for
 area education agencies and school districts. The statewide
 strategic plan shall be approved by the state board of
 education. The area education agency boards shall jointly
 provide the state board with annual updates on the performance
 measures.
    10. 8. The Subject to the approval of the director
 of the department of education, an area education agency
 board is encouraged to may employ a child welfare liaison to
 provide services and guidance to local school districts to
 facilitate the efficient and effective transfer and enrollment
 of a child adjudicated under chapter 232 or receiving foster
 care services to another school district, including but not
 limited to guidance relating to the transfer of credit earned
 for coursework taken by the student, enrollment transition
 planning, facilitating information sharing between education
 and child welfare agencies, and developing systems designed to
 ameliorate the transition issues faced by a child adjudicated
 under chapter 232 or receiving foster care services who is
 transferring to and enrolling in a school district.
    11. 9. Subject to an appropriation by the general assembly
 for such purpose, the area education agency board agencies
 shall, by July 1, 2024, dedicate at least one full-time
 equivalent position to maintain a dyslexia specialist. The
 An area education agency board may hire such a specialist
 or may provide appropriate training to qualify an existing
 employee as a specialist on dyslexia. The specialist shall
 provide technical guidance and assistance, including but
 not limited to professional development, strategies, and
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 materials to school districts and accredited nonpublic schools
 relating to identification of and instruction for students with
 characteristics of dyslexia. The specialist shall be highly
 trained in dyslexia and have a minimum of three years of field
 experience in screening, identifying, and treating dyslexia and
 related disorders. In the absence of an appropriation, each
 area education agency board is encouraged to employ a highly
 qualified dyslexia specialist.
    10. a. An area education agency may establish a plan, in
 accordance with section 403(b) of the Internal Revenue Code,
 as defined in section 422.3, for employees, which plan shall
 consist of one or more investment contracts, on a group or
 individual basis, acquired from a company, or a salesperson for
 that company, that is authorized to do business in this state.
    b. The selection of investment contracts to be included
 within the plan established by the area education agency shall
 be made either pursuant to a competitive bidding process
 conducted by the area education agency, in coordination with
 employee organizations representing employees eligible to
 participate in the plan, or pursuant to an agreement with
 the department of administrative services to make available
 investment contracts included in a deferred compensation or
 similar plan established by the department of administrative
 services pursuant to section 8A.438, which plan meets the
 requirements of this subsection. The determination of whether
 to select investment contracts for the plan pursuant to a
 competitive bidding process or by agreement with the department
 of administrative services shall be made by agreement between
 the area education agency and the employee organizations
 representing employees eligible to participate in the plan.
    c. The area education agency may make elective deferrals in
 accordance with the plan as authorized by an eligible employee
 for the purpose of making contributions to the investment
 contract on behalf of the employee. The deferrals shall be
 made in the manner which will qualify contributions to the
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 investment contract for the benefits under section 403(b)
 of the Internal Revenue Code, as defined in section 422.3.
 In addition, the area education agency may make nonelective
 employer contributions to the plan.
    d. As used in this subsection, unless the context otherwise
 requires, “investment contract” shall mean a custodial account
 utilizing mutual funds or an annuity contract which meets the
 requirements of section 403(b) of the Internal Revenue Code, as
 defined in section 422.3.
    11. An area education agency may establish and pay all
 or any part of the cost of group health insurance plans,
 nonprofit group medical service plans and group life insurance
 plans adopted by the area education agency for the benefit of
 employees of the area education agency, from funds available
 to the board.
    12. An area education agency may issue school credit
 cards allowing area education agency employees to pay for the
 actual and necessary expenses incurred in the performance of
 work-related duties.
    13. An area education agency may purchase equipment as
 provided in section 279.48.
    14. By January 15 of each year, the area education agencies
 shall submit to the department of education the area education
 agency’s staffing plans and job classifications, including
 contracted salary, bonus wages and benefits, annuity payments,
 or any other benefit, for the employees of the area education
 agency. The director of the department of education shall
 review the staffing plans and job classifications submitted by
 the area education agencies and either approve or reject the
 continuation of each position by March 1 of each year. The
 area education agencies shall align all job classifications
 with the job classifications established by the department of
 administrative services. The area education agencies shall
 comply with all applicable requirements of 29 U.S.C. ch. 23 and
 chapter 84C if a reduction in force occurs.
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    15. The area education agencies shall require that, by
 July 1, 2024, any person employed by the area education agency
 who holds a license, certificate, statement of recognition,
 or authorization other than a coaching authorization, issued
 by the board of educational examiners to complete the Iowa
 reading research center dyslexia overview module. Such persons
 employed after July 1, 2024, shall complete the module within
 one year of the employee’s initial date of hire.
    16. The area education agency shall collaborate with the
 department of education to provide a statewide infrastructure
 for educational data to create cost efficiencies, provide
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