House Study Bill 713 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE
ON EDUCATION BILL BY
CHAIRPERSON WHEELER)
A BILL FOR
1 An Act relating to area education agencies, including
2 modifying provisions related to the duties and powers of
3 area education agencies, oversight by the department of
4 education, funding, shared operational functions, and
5 establishing a task force related to area education agency
6 property and operations, and including effective date and
7 applicability provisions.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 DIVISION OF SPECIAL EDUCATION OF THE DEPARTMENT OF EDUCATION
3 Section 1. Section 256B.3, Code 2024, is amended by adding
4 the following new subsection:
5 NEW SUBSECTION. 15A. Beginning July 1, 2025, oversee the
6 operation of each area education agency to ensure the area
7 education agency complies with all applicable federal and state
8 laws related to special education.
9 Sec. 2. DIVISION OF SPECIAL EDUCATION —— EMPLOYEES. From
10 July 1, 2024, to June 30, 2025, the division of special
11 education of the department of education shall do all of the
12 following:
13 1. Devote at least thirteen full-time equivalent positions
14 within the department of education’s location in the city
15 of Des Moines to oversight of the area education agencies,
16 including the accreditation of area education agencies under
17 section 273.10.
18 a. At least one of the full-time equivalent positions shall
19 be an administrator.
20 b. At least one of the full-time equivalent positions shall
21 be a bureau chief of special education.
22 c. At least one of the full-time equivalent positions shall
23 be a liaison for accredited nonpublic schools.
24 d. At least one of the full-time equivalent positions shall
25 be an employee whose primary job duties relate to the child
26 find process for special education.
27 e. At least one of the full-time equivalent positions
28 shall be an employee whose primary job duties relate to best
29 practices concerning the development and implementation of
30 individualized education programs.
31 f. At least five of the full-time equivalent positions shall
32 be devoted to the accreditation of area education agencies.
33 2. Devote five full-time equivalent positions within the
34 main office of each area education agency to ensure the area
35 education agency complies with all applicable federal and state
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1 laws related to special education and to review the services
2 provided by the area education agency.
3 DIVISION II
4 AREA EDUCATION AGENCIES —— GENERAL PROVISIONS
5 Sec. 3. Section 273.2, subsections 1 and 3, Code 2024, are
6 amended to read as follows:
7 1. There are established throughout the state fifteen
8 area education agencies, each of which is governed by an
9 area education agency board of directors under the general
10 supervision of the director, except as otherwise provided
11 in this chapter. Each area education agency shall have an
12 area education agency board of directors that shall serve in
13 an advisory capacity. The boundaries of an area education
14 agency shall not divide a school district. The director of
15 the department of education shall change boundaries of area
16 education agencies to take into account mergers of local school
17 districts and changes in boundaries of local school districts,
18 when necessary to maintain the policy of this chapter that a
19 local school district shall not be a part of more than one area
20 education agency.
21 3. a. The area education agency board shall furnish
22 educational services and programs as provided in section 273.1,
23 this section, sections 273.3 through 273.8, and chapter 256B
24 to the pupils enrolled in public or nonpublic schools located
25 within its boundaries which are on the list of accredited
26 schools pursuant to section 256.11, which request to receive
27 such services. The programs and services provided shall be
28 at least commensurate with programs and services existing on
29 July 1, 1974. The programs and services provided to pupils
30 enrolled in nonpublic schools shall be comparable to programs
31 and services provided to pupils enrolled in public schools
32 within constitutional guidelines.
33 b. The area education agencies may furnish evidence-based
34 professional development services to public or nonpublic
35 schools located within its boundaries which are on the list of
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1 accredited schools pursuant to section 256.11, subject to the
2 approval of the director of the department of education.
3 Sec. 4. Section 273.3, subsections 1, 11, and 12, Code 2024,
4 are amended to read as follows:
5 1. Determine the policies of Advise and consult with the
6 area education agency on policies and procedures for providing
7 programs and services.
8 11. Employ personnel to carry out the functions of the
9 area education agency which shall include the employment
10 of an administrator who shall possess a license issued
11 under chapter 256, subchapter VII, part 3 by the board of
12 educational examiners and, beginning July 1, 2025, either
13 a teaching license with a special education endorsement or
14 a special education support personnel authorization. The
15 administrator shall be employed pursuant to section 279.20
16 and sections 279.23, 279.24, and 279.25. The salary for an
17 area education agency administrator shall be established by
18 the board based upon the previous experience and education
19 of the administrator; provided, however, that the salary for
20 an area education agency administrator shall not exceed the
21 average salary of all superintendents of the school districts
22 that are located within the boundaries of the area education
23 agency. Section 279.13 applies to the area education agency
24 board and to all teachers employed by the area education
25 agency. Sections 279.23, 279.24, and 279.25 apply to the area
26 education board and to all administrators employed by the area
27 education agency. Section 279.69 applies to the area education
28 agency board and employees of the board, including part-time,
29 substitute, or contract employees, who provide services to a
30 school or school district.
31 12. Prepare an annual budget estimating income and
32 expenditures for programs and services as provided in sections
33 273.1, 273.2, this section, sections 273.4 through 273.8,
34 and chapter 256B within the limits of funds provided under
35 section 256B.9 and chapter 257. The board shall post notice
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1 of a public hearing on submit the proposed budget on the area
2 education agency’s internet site and by publication in the
3 newspaper of general circulation in the territory of the area
4 education agency in which the principal place of business of
5 a school district that is a part of the area education agency
6 is located to the director of the department of education for
7 approval not later than March 1 of each year. The notice shall
8 specify the date, which shall be not later than March 1 of
9 each year, the time, and the location of the public hearing.
10 The proposed budget as approved by the board director of the
11 department of education shall then be submitted to the state
12 board of education, on forms provided by the department,
13 no later than March 15 preceding the next fiscal year for
14 approval. The state board shall review the proposed budget of
15 each area education agency and shall before May 1, either grant
16 approval or return the budget without approval with comments
17 of the state board included. An unapproved budget shall be
18 resubmitted to the state board for final approval not later
19 than May 15. The state board shall give final approval only to
20 budgets submitted by area education agencies accredited by the
21 state board or that have been given conditional accreditation
22 by the state board.
23 Sec. 5. Section 273.10, subsection 6, Code 2024, is amended
24 to read as follows:
25 6. a. If the deficiencies in an area education program have
26 not been corrected, the agency board director of the department
27 of education shall take one of the following actions within
28 sixty days from removal of accreditation:
29 (1) Merge the deficient program with a program from another
30 accredited area education agency.
31 (2) Contract with another area education agency or other
32 public educational institution for purposes of program
33 delivery.
34 b. The rules developed by the state board of education for
35 the accreditation process shall include provisions for removal
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1 of accreditation, including provisions for proper notice to the
2 administrator of the area education agency, each member of the
3 board of directors of the area education agency, the department
4 of education, and the superintendents and administrators of the
5 schools of the districts served by the area education agency.
6 Sec. 6. Section 273.11, Code 2024, is amended to read as
7 follows:
8 273.11 Standards for accrediting area education programs.
9 1. The state board of education, in consultation with the
10 department of education, shall develop standards and rules
11 for the accreditation of area education agencies. Standards
12 shall be general in nature, but at a minimum shall identify
13 requirements addressing the services provided by each division,
14 as well as identifying indicators of quality that will permit
15 area education agencies, school districts, the division of
16 special education of the department of education, and the
17 general public to judge accurately the effectiveness of area
18 education agency services.
19 2. Standards developed shall include, but are not limited
20 to, the following:
21 a. Support for school-community planning, including a means
22 of assessing needs, developing collaborative relationships
23 among community agencies, establishing shared direction, and
24 implementing program plans and reporting progress toward goals
25 for students with disabilities.
26 b. Professional Evidence-based professional development
27 programs that respond to current needs.
28 c. Support for curriculum development, instruction, and
29 assessment for services that address the areas of reading,
30 language arts, math, and science, using research-based
31 methodologies, for students with disabilities.
32 d. Special education compliance and support.
33 e. Management services, including financial reporting and
34 purchasing as requested and funded by local districts.
35 f. Support for instructional media services that supplement
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1 and support local district media centers and services.
2 g. Support for school technology planning and staff
3 development for implementing instructional technologies.
4 h. A program and services evaluation and reporting system
5 related to special education.
6 i. Support for school district libraries in accordance with
7 section 273.2, subsection 4.
8 j. Support for early childhood service coordination for
9 families and children, age birth through three years, to
10 meet health, safety, and learning needs, including service
11 coordination.
12 k. Support for schools and school districts in analyzing
13 student achievement data related to the learning environment,
14 comparing data to the external knowledge base, and using that
15 information to guide schools and school districts in setting
16 goals and implementing actions to improve student learning for
17 students with disabilities.
18 l. Support for addressing the diverse learning needs of
19 all children and youths with disabilities who are eligible for
20 special education, including through services that include
21 direct services to students with disabilities.
22 m. Support for schools and school districts to ensure
23 compliance with rules adopted by the state board of education
24 related to special education.
25 n. Support necessary to implement effective instruction
26 for all students with disabilities through school technology
27 services.
28 o. Support for students using educational programs and
29 services in a manner that is consistent with the educational
30 standards established pursuant to section 256.11.
31 p. Support for staff development and adult learners
32 utilizing evidence-based professional development in a manner
33 that meets the professional needs of staff and adult learners
34 consistent with standards adopted by the state board of
35 education.
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1 q. Compliance with all relevant federal and state laws
2 in the provision of services and supports to students with
3 disabilities.
4 Sec. 7. AREA EDUCATION AGENCY —— TASK FORCE.
5 1. The majority leader of the senate, the minority leader
6 of the senate, the speaker of the house of representatives,
7 and the minority leader of the house of representatives shall
8 convene an area education agency task force that shall study
9 and make recommendations related to all of the following:
10 a. The real property and facilities utilized by each area
11 education agency.
12 b. The media services, educational services, and special
13 education services provided by each area education agency.
14 c. What services area education agencies should provide.
15 d. Current accountability measures applicable to area
16 education agencies.
17 e. The special education services provided by the division
18 of special education of the department of education, area
19 education agencies, and school districts.
20 f. The overall organizational structure that determines how
21 special education services are provided to students in this
22 state.
23 g. How the operation of area education agencies is overseen.
24 h. The accreditation standards related to area education
25 agencies.
26 i. A timeline for modifications to the staffing numbers of
27 area education agencies and the transition of responsibilities
28 related to the oversight of area education agencies.
29 2. The task force shall consist of the following members:
30 a. Not more than three members who are appointed by the
31 majority leader of the senate and who are not members of the
32 general assembly.
33 b. Not more than two members who are appointed by the
34 minority leader of the senate and who are not members of the
35 general assembly.
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1 c. Not more than three members who are appointed by the
2 speaker of the house of representatives and who are not members
3 of the general assembly.
4 d. Not more than two members who are appointed by the
5 minority leader of the house of representatives and who are not
6 members of the general assembly.
7 3. Any expenses incurred by a member of the task force
8 shall be the responsibility of the individual member or the
9 respective entity represented by the member.
10 4. The task force shall submit its findings and
11 recommendations to the general assembly on or before December
12 31, 2024.
13 Sec. 8. EFFECTIVE DATE. The following take effect July 1,
14 2025:
15 1. The portion of the section of this division of this Act
16 amending section 273.2, subsection 1.
17 2. The portion of the section of this division of this Act
18 amending section 273.3, subsection 1.
19 Sec. 9. APPLICABILITY. The following applies to employment
20 agreements entered into or renewed between an area education
21 agency and an area education agency administrator on or after
22 July 1, 2024:
23 The portion of the section of this division of this Act
24 amending section 273.3, subsection 11.
25 DIVISION III
26 AREA EDUCATION AGENCIES —— FUNDING
27 Sec. 10. Section 257.1, subsection 3, Code 2024, is amended
28 to read as follows:
29 3. Computations rounded. In making computations and
30 payment