HF 2460 School district may prohibit enrollment of student listed on the sex offender registry
Page Bill Number Brief Title
HF 2497 Sick leave and vacation incentive program for state employees
HF 2520 Purchasing preferences for Iowa-based products and services
HF 2537 Redesign of county systems for services to persons with disabilities
11 HF 2538 Transfer of funds from cash reserve to RIIF for standing appropriations
HF 2553 Changes to Iowa Educational Savings Plan Trust
12 HF 2559 College Student Aid Commission bill including provisions for the approval and registration of out-of-state teacher preparation programs
13 HF 2568 Changes to individual health insurance program and related items
HF 2577 Appropriations from the healthy Iowans tobacco trust
Bills related to Education
2004
This table includes enrolled bills signed by the Governor that address educational issues. A list of other unsuccessful bills related to education is included after this table.
|
Enrolled Bill Number |
Brief Title |
Code Section Changed |
Description |
|
Constitutional
Amendment – People must vote on certain tax increases. |
Article
XIII of State Constitution |
This joint resolution proposes an amendment adding a new Article XIII to the Constitution of the State of Iowa, giving the people of Iowa the right to vote on certain adopted increases of taxes and fees, so that the increases will not take effect unless approved by majority vote at a state general election. The amendment requires that a law or laws
increasing any taxes or fees that would result in new annual revenue of more
than 1 percent of total state general fund revenue received in the fiscal
year preceding enactment of the law or laws must receive voter approval at a
state general election. The amendment defines "new annual revenue.” The
amendment also defines "increase.” This definition includes legislation
that allows or requires a local government to impose or increase any tax on
income, sales, or property; legislation that has the effect of reducing total
state funds transferred to all local governments; and legislation that
requires local governments to incur aggregate net cost increases in a fiscal
year. The amendment allows the general
assembly, at the governor's request and by two-thirds vote, to increase taxes
in emergency situations. The amendment allows any citizen or
taxpayer to bring suit to enforce compliance with the voter approval
requirement within two years of adoption of a tax or fee increase. The
amendment also provides that the general assembly shall enact laws to
implement the amendment. The resolution, if adopted, will be
referred to the next general assembly. If the next general assembly adopts
the resolution, the amendment will be submitted to the voters for
ratification. |
|
|
Phase-out
of the sales and use taxes on the sale and furnishing of gas, electricity,
and fuel to residential customers. |
IC
423.3 |
This bill sets the state sales and use
tax rates on gas, electricity, and fuel for residential customers as
follows: 2 percent for the second
half of the 2004 calendar year; 1 percent for the 2005 calendar year; and 0
percent, total state exemption, for the 2006 and subsequent calendar years. |
|
|
Traffic
citations for failure to obey school bus warning device. |
IC
321.372A |
This bill provides that a peace officer
investigating a report by a school bus driver of a motor vehicle that failed
to obey school bus warning devices may issue a citation to the owner of the
vehicle if the identity of the driver cannot be determined. In a proceeding
where the peace officer was not able to identify the driver of the vehicle,
proof that the vehicle described in the citation was used to commit the
violation, together with proof that the person named in the citation was the
registered owner of the vehicle at the time the violation occurred, creates a
rebuttable presumption that the registered owner was the driver who committed
the violation. Current law requires the driver of a
motor vehicle, when meeting a school bus with flashing amber warning lamps,
to reduce speed to not more than 20 miles per hour and stop no closer than 15
feet from the bus when the bus stops and has its stop signal arm extended. In
addition, a driver may not pass a school bus while red or amber warning
lights are flashing. Failure to obey school bus warning devices is punishable
as a scheduled violation subject to a $100 fine. |
|
|
Appointment
of the ninth member (student) of the state board of regents. |
IC
262.2 |
This bill requires the governor, prior to
appointing the ninth or student member of the state board of regents, to
consult with the student body government of the institution from which a
prospective appointee is enrolled. The bill also provides that if the student
member of the state board of regents graduates or is no longer enrolled in a
regents university, the student member's term expires a year from the date on
which the student graduates or is no longer enrolled in a regents university.
However, if the student member reenrolls in a regents university, the
student's six-year term continues in effect. |
|
|
Possession
and self-administration of asthma or other airway constricting disease
medication by public and accredited nonpublic school students. |
IC
280.16 |
This bill requires school districts and
accredited nonpublic schools to allow a student to possess and
self-administer asthma medication if the student's parent or guardian submits
written authorization, along with the name and purpose of the medication, the
prescribed dosage, and the times at which or the special circumstances under
which the medication is to be administered. The parents or guardians must indemnify
and hold harmless the school district or nonpublic school and its employees
and agents against any claims, except a claim based on willful and wanton
misconduct, arising out of the self-administration of medication by the
student. The permission for self-administration of
medication is effective for the school year. However, the parent or guardian
shall immediately notify the school of any changes in the circumstances relating
to the self-administration of the medication. The bill allows the student to possess
and use the medication while in school, at school-sponsored activities, under
the supervision of school personnel, and before or after normal school
activities, such as while in before-school or after-school care on
school-operated property. The school must maintain the information
on file in the office of the school nurse or, in the absence of a school
nurse, the school's administrator. |
|
|
Meningococcal
disease vaccination information for students who are enrolled in an
institution of higher learning that has an on-campus dormitory or residence
hall. |
IC
139A.26 |
This bill requires institutions of higher
education that have on-campus residence halls or dormitories to provide
students with meningococcal disease vaccination information in student health
forms. The forms must include space for the student to indicate whether or
not the student has received the vaccination, and shall include
recommendations issued by the national centers for disease control and
prevention regarding the disease. Data obtained shall be submitted annually
to the Iowa department of public health in such a manner that no individual
person can be identified. The bill specifies that institutions of
higher education are not, under any provision of the bill, required to
provide vaccinations against meningococcal disease. The Iowa department of public health is
directed to adopt rules to administer the new Code section. |
|
|
Omnibus
Budget Bill – Making, reducing, and transferring appropriations and providing
for other properly related matters. |
Numerous |
See
summary after this table. |
|
|
State
budget provisions involving the ending balance in the general fund of the
state, and the state general fund expenditure limitation by transferring
funds from the cash reserve fund and by revising the percentage amount used
for the limitation. Also standing limited appropriation to the senior living
trust fund. |
Various
– Partially vetoed |
This bill relates to the state general
fund expenditure limitation by revising the percentage amount used for the
limitation. Current law provides that the expenditure
limitation calculated for a fiscal year is 99 percent of the adjusted revenue
estimate agreed to by the revenue estimating conference for that fiscal year
at the meeting held by December 15 prior to the commencement of the fiscal
year. The bill changes the percentage amount to 98 percent of the adjusted
revenue estimate. The bill takes effect December 15, 2004,
or the date the revenue estimating conference agrees to a revenue estimate
for the fiscal year beginning July 1, 2005, that shall be used by the
governor and the general assembly for preparation and passage of the state
budget for that fiscal year pursuant to Code section 8.22A, subsections 3 and
4, whichever date is earlier. The bill is first applicable to the budget
activities of the governor and general assembly for fiscal year 2005-2006. Everything in this bill was vetoed except
for the portion relating to the appropriation to the senior living trust
fund. |
|
|
Credit
to students for the successful completion of military basic training. |
IC
256.11 |
This bill permits school districts and nonpublic
schools to award credit toward graduation to a student who completes national
guard or United States military basic training. |
|
|
IPERS
technical corrections. |
Various
in IC 97 |
This bill makes numerous changes to
public retirement systems, including the public safety peace officers'
retirement, accident, and disability system, the Iowa public employees' retirement
system, and the statewide fire and police retirement system. The bill may
include a state mandate as defined in Code section 25B.3. The state mandated
funding requirement in Code section 25B.2, however, does not apply to public
employee retirement systems. |
|
|
Eliminates
FIP reduction in cases of school truancy among other things. |
IC
299.12 |
This bill relates to family investment
program (FIP) eligibility requirements involving motor vehicle equity and
required school attendance. Under current law in Code section 239B.7,
a certain amount of the equity value of a motor vehicle is disregarded in
determining a family's initial and continuing eligibility for the program.
The base amount of $3,889 was established in 1997, subject to an annual
increase for inflation. The disregard was applicable to each adult and
working individual age 19 or younger. The bill applies the disregard to the
value of one motor vehicle, provides that the equity value of any additional
motor vehicle is applied to the overall resource limitations applicable to
the family, and eliminates the individual applicability of the disregard. |
|
|
Date
by which Regents must make final decision on tuition increases. |
IC
262.9 |
This bill extends from November to March
the regular meeting date by which the state board of regents must make its
final decision on an increase in tuition or mandatory fees charged to all
students at an institution of higher education under its control. The bill
prohibits the board from holding the meeting during spring break. |
|
|
Changes
the number of signatures required on nomination petitions for school board
elections. |
IC
277.4 |
This bill establishes a limit on the
number of eligible electors that need to sign the nomination petition for a
candidate for an at-large seat or a seat which is voted for only by the
voters of a director district. Under current Code,
the petitions must be signed by at least 10 eligible electors or a number of
eligible electors equal in number to not less than 1 percent of the
registered voters of the school district, whichever is more. The bill
provides that the petitions must be signed by the greater of at least 10
eligible electors or a number of eligible electors equal in number to not
less than 1 percent of the registered voters of the school district, but
provides that this number need not be more than 50. The bill strikes a
provision that provides that a petition need not have more than 100
signatures. |
|
|
Provisions
for university-based research utilization program. |
IC
262B.11 |
This bill relates to educational
institutions under the university-based research utilization program. The bill defines "educational
institution" to mean a university under the control of the state board
of regents, a community college, or an accredited private university located
in the state. The bill provides that a new or existing business that utilizes
a technology developed by an employee at an educational institution may apply
to the department of economic development for approval to participate in the
program. The bill provides that a business approved under the program and the
employee of an educational institution responsible for the development of the
technology utilized by the approved business shall be eligible for a tax
credit under the program. Currently, only technologies developed by an
employee at a university under the control of the state board of regents
trigger eligibility under the program. |
|
|
Qualifications
of Spanish language interpreters. |
IC
216A.15 |
This bill provides that the commission of
Latino affairs shall adopt rules pursuant to Code chapter 17A to develop a
mechanism to ensure Spanish language interpreter qualifications. Currently,
the commission is required simply to maintain information on such
qualifications as one of its statutory duties. The bill also provides that
the commission shall provide a list of qualified Spanish language
interpreters to a list of agencies and entities, which has been expanded to
include social service agencies and health. |
|
|
Licensure
requirements relating to the practice of athletic training. |
Various
in IC 147 & 152 |
See
bill. Very marginally related to education. |
|
|
School
district may prohibit enrollment of students listed on the sex offender
registry. |
IC
282.9 |
This bill provides that a person who is
required to register as a sex offender, but who is otherwise eligible for
enrollment in a school district, may not be enrolled as a student unless the
board of directors of the school district approves, by a majority vote, the
enrollment of the person. If a person is denied enrollment by a school
district, the school district of residence must provide the person
educational services in an alternative setting. |
|
|
Conditions
under which Child in Need of Assistance (ChINA) orders may be vacated. |
IC
232.103 |
This bill expands the circumstances by which the juvenile court may modify, vacate and substitute, or terminate a child in need of assistance dispositional order. Current law under Code section 232.103
authorizes the court, upon a motion or upon the court's own motion, to
terminate an order and release the child if the court finds the purposes of
the order have been accomplished and the child is no longer in need of
supervision, care, or treatment. The bill expands this authority to
modification of a dispositional order or vacation and substitution of a
dispositional order. Additional grounds are provided if the court finds that
the purposes of the order cannot reasonably be accomplished, the efforts made
to effect the purposes of the order were unsuccessful and other viable
options are unavailable, or the purposes have been sufficiently accomplished
and the continuation of supervision, care, or treatment is unjustified or
unwarranted. |
|
|
Sick
leave and vacation incentive program for state employees. |
Various |
This bill establishes a sick leave and
vacation incentive |
|
|
Purchasing
preferences for Iowa-based products and services. |
IC
73.1 |
The bill provides that all requests for proposals for materials, products, supplies, provisions, and other needed articles and services to be purchased at public expense shall not knowingly be written in such a way as to exclude an Iowa-based company capable of filling the needs of the purchasing entity from submitting a responsive proposal. |
|
|
Redesign
of county systems for services to persons with mental illness, mental
retardation or other developmental disabilities or brain injury. |
Various |
This bill addresses redesign of the
system for services and other support provided for persons with mental
illness, mental retardation or other developmental disabilities, or brain
injury (MI/MR/DD/BI). The bill is organized into divisions. |
|
|
Transfer
of funds from cash reserve to RIIF for standing appropriation to the
environment first fund. |
IC
8.56 and 8.57 |
This bill makes a transfer from the cash reserve fund to the rebuild Iowa infrastructure fund (RIIF) for fiscal year 2003-2004. The transferred moneys are to be used for the standing appropriation from RIIF to the environment first fund. The transfer is exempt from provisions in Code section 8.56 which otherwise prohibit transfers from the cash reserve fund or use of the moneys in the fund by means other than an appropriation. If a tax on the adjusted gross receipts
from gambling games conducted at racetrack enclosures is enacted by the
Eightieth General Assembly, 2004 Regular Session, that is applicable to the
period beginning July 1, 2002, and ending June 30, 2004, and the proceeds are
credited to RIIF, the amount transferred from the cash reserve fund is
replaced from those receipts. The bill takes effect upon enactment. |
|
|
Changes
to Iowa educational savings plan trust and the establishment of an additional
optional program. |
IC
12D |
This bill makes several technical and substantive changes regarding the operation of the Iowa educational savings plan trust pursuant to Code chapter 12D. |
|
|
Includes
provisions for the approval and registration of out-of-state teacher
preparation programs that establish physical bases in Iowa. |
IC
256.7(3) |
This bill relates to the approval or
registration of postsecondary schools by the department of education, the
college student aid commission, and the secretary of state. The bill requires that practitioner
preparation programs offered by out-of-state schools be approved by the state
board of education and authorizes the state board to collect an amount
equivalent to the department's necessary travel and actual expenses incurred
while engaged in the approval of, out-of-state practitioner preparation
programs. The bill directs the college student aid
commission to adopt rules to establish standards for the approval of
postsecondary schools that are required to register with the secretary. It
permits the commission to require schools seeking registration to provide
copies of their application to the Iowa coordinating council for
post-high-school education and permits the commission to consider the
council's comments. It also allows the commission to establish an advisory
committee to make recommendations regarding the applications. The bill strikes language that requires
postsecondary schools to annually register with the secretary of state, and
instead requires the schools to register once every four years, or upon any
substantive change in program offerings, location, or accreditation. The bill directs the secretary of state
to establish registration and renewal fees for postsecondary schools required
to register with the secretary. Currently, the Code sets the fee for initial
registration at $1,000, with annual renewals at $500. Moneys collected by the
department for expenses and by the secretary in the form of fees must be
deposited in the general fund of the state. The bill strikes a requirement that the
secretary of state utilize the state advisory committee for postsecondary
school registration. |
|
|
Changes
to individual health insurance programs, restructuring and modification of
eligibility, benefits, tax offsets and other issues, phase-out of guaranteed
basic and standard insurance plans. |
Various |
See
bill. |
|
|
Appropriations
from the healthy Iowans tobacco trust and the tobacco settlement trust fund. |
Various |
See
bill. |
Funding
Above the Governor’s Request
· $4 million new dollars to Community Colleges, $1 million more than the Governor’s request
· Nonpublic school transportation and textbook reimbursements were the only program that received replacement dollars for the 2.5% across-the-board cut. They also received 2% new money.
Equal to the Governor’s Request (approximately)
· Roughly $30 million to Early Intervention/Class Size
· $13.4 for Empowerment
· $11.2 for at-risk early childhood programs
· $14.4 for instructional support aid levy
· $55.5 for Ed Excellence (Phase I & II)
· $400,000 for JAG
Below the Governor’s Request
Other Items
Not Funded (Governor’s Request)
Policy issues included in the
Bill
Other Bill Information
The following list includes bills that were “live” up to the last day of the session, but did not make it through:
HF 2082 Bingo exemptions for schools
HF 2121 Iowa Values fund monies for education
HF 2123 Board political balance – statewide boards must balance political parties
HF 2238 Additional limitations on government contracts
HF 2303 Right to Work – required annual registration for professional associations
HF 2321 Additional educational support for inmates
HF 2326 Specific money for Waterloo on the achievement gap effort
HF 2468 Additional limits to administrative rules processes
HF 2521 Study of health insurance issues
SF 440 Specific increases for nonpublic texts and transportation reimbursements
SF 2225 Additional limits to administrative rules processes
SF 2226 Community College Surtax
SF 2292 Automatic program repeal – discontinues programs that cannot demonstrate positive performance.
Other bills of interest that did not make it through the process:
HF 418 Obesity-related data collection
HF 2245 Child abuse records placed in permanent record
HF 2246 ICN delivery of PSOEA courses
HF 2266 Expanded use of PPE and Local Options levies
HF 2274 School bonds for Health Cost increases
HF 2436 Before/After School programs allowable growth
HF 2461 At-risk allowable growth date adjustments
HF 2466 Changes to open enrollment transportation issues
SF 383 Establishing an Iowa Virtual Academy
SF 2085 Expanded use of PPE and Local Options levies
SF 2097 Move school budget certification deadline
SF 2184 Changes to compulsory attendance age
SF 2237 Four-day School Week
SF 2246 3rd grade retention/reading assessment
SF 2248 Redesign of SPED MH/DD/BE categories
SF 2255 Iowa Studies Program
The Department of Education is always interested in your feedback. If you have an interest describing possible legislative issues that should be addressed next session, have specific feedback on this document, or simply have questions related to legislation or policy, please contact the Department’s legislative liaison Jeff Berger at 515-281-3399 or jeff.berger@ed.state.ia.us.