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HF 68 — A bill for an act relating to education programs and funding by establishing an education savings account program, modifying certain school district categorical funding supplements and supplementary weighting, making appropriations, providing penalties, and including effective date and retroactive applicability provisions.
Last action — Fiscal note.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 18, 2023. Enacted.
Signed by Governor Kim Reynolds (Republican) on January 24, 2023.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
539 added · 569 removed539 line(s) added, 569 removed.
OHouse FFICEFile OF68 THE- GOVERNOREnrolled KMRENLDSHouse ADAMEGGFile GOVERNOR68 TGOVERNORAN aury4,03ACT heonrbePulaeRELATING ertryfttefIwaTO tteptlEDUCATION esone,Iwa539PROGRAMS erM.Sceay,AND Ireyrnmt:FUNDING BY ESTABLISHING AN EDUCATION SAVINGS ACCOUNT PROGRAM, MODIFYING CERTAIN SCHOOL DISTRICT CATEGORICAL FUNDING SUPPLEMENTS AND SUPPLEMENTARY WEIGHTING, MAKING APPROPRIATIONS, PROVIDING PENALTIES, AND INCLUDING EFFECTIVE DATE AND RETROACTIVE APPLICABILITY PROVISIONS.
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lllill tl GENERAL ASSl i',M 1 3 LY I e WI fI UI!iI91 1 !N II I I UX:!1 I:.I [ I IY1 I1Sa:E House File 68 AN ACT RELATING TO EDUCATION PROGRAMS AND FUNDING BY ESTABLISHING AN EDUCATION SAVINGS ACCOUNT PROGRAM, MODIFYING CERTAIN SCHOOL DISTRICT CATEGORICAL FUNDING SUPPLEMENTS AND SUPPLEMENTARY WEIGHTING, MAKING APPROPRIATIONS, PROVIDING PENALTIES, AND INCLUDING EFFECTIVE DATE AND RETROACTIVE APPLICABILITY PROVISIONS.
This Act shall be known and may be cited as the "Students“Students First Act".Act”.
NEW SUBSECTION.SUBSECTION .
Section 257.10, subsection 9, paragraph cc, , subparagraph (1), Code 2023, iis s amended to read as follows:
1)(1) The unadjusted teacher salary supplement district cost is the teacher salary supplement district cost per pupil for each school district for a budget year multiplied by the sum of the budget enrollment for that school district plus the number of resident pupils in the school district that received an education savings account payment under section 257.11B for the base year.year .
Section 257.10, subsection 10, paragraph cc, , subparagraph (1(1), ), Code 2023, is amended to read as follows:
1)(1) The unadjusted professional development supplement district cost iis s the professional development supplement district cost per pupil for each school district for a budget year multiplied by the sum of the budget enrollment for that school district plus the number of resident pupils in the school district that received an education savings account payment under section 257.11B for the base year.year .
Section 257.10, subsection 11, paragraph cc, , subparagraph (1), Code 2023, is amended to read as follows:
Section 257.10, subsection 12, paragraph cc, , subparagraph (1), Code 2023, iis s amended to read as follows:
(1) The unadjusted teacher leadership supplement district cost is the teacher leadership supplement district cost per pupil for each school district for a budget year multiplied by the sum of the budget enrollment for that school district plus the number of resident pupils in the school district that received an education savings account payment under section 257.11B for the base year.year .
Nonpublic“Nonpublic schoolschool” means the same as defined in section 285.16.
((1) 1)“Qualified Qualified educational expensesexpenses” - includes tuition and fees at a nonpublic school, textbooks, fees or payments for educational therapies, including tutoring or cognitive skills training, curriculum fees, software, and materials for a course of study for a specific subject matter or grade level, tuition or fees for nonpublic online education programs, tuition for vocational and life skills education approved by the department of education, education materials and services for pupils with disabilities from an accredited provider, including the cost of paraprofessionals and assistants who are trained in accordance with state law, standardized test fees, and advanced placement examinations or examinations related to postsecondary education admission or credentialing.
(2) Qualified“Qualified educational expensesexpenses” - shall be limited to the items described in subparagraph (1(1) ) and rules adopted by the department to implement this section and does not include transportation costs for the pupil, the cost of food or refreshments consumed by the pupil, the cost of clothing for the pupil, or the cost of disposable materials, including but not limited to paper, notebooks, pencils, pens, and art supplies.
C.c.
Resident“Resident” -meansmeans the same as defined in section 282.1, subsection 2.
((1) 1) For the school budget year beginning July 1, 2023, the following pupils who attend a nonpublic school for that school budget year shall be eligible to receive an education savings account payment:
(a) A resident pupil who iis s eligible to enroll in kindergarten.
(b) A resident pupil who iis s eligible to enroll in grades one through twelve and was not enrolled in a nonpublic school for the school year immediately preceding the school year for which the education savings account payment iis s requested.
(c) A resident pupil who is eligible to enroll in grades one through twelve and was enrolled in a nonpublic school year immediately preceding the school year for which the education savings account payment iis s requested if the pupil'spupil’s household House File 68, Pp. .
2)(2) For the school budget year beginning July 11, , 2024, the following pupils who attend a nonpublic school for that school budget year shall be eligible to receive an education savings account payment:
a)(a) A resident pupil who is eligible to enroll in kindergarten.
b)(b) A resident pupil who is eligible to enroll in grades one through twelve and was not enrolled in a nonpublic school for the school year immediately preceding the school year for which the education savings account payment iis s requested.
c)(c) A resident pupil who is eligible to enroll in grades one through twelve and was enrolled in a nonpublic school for the school year immediately preceding the school year for which the education savings account payment iis s requested if the pupil'spupil’s household has an annual income less than or equal to four hundred percent of the most recently revised poverty income guidelines published by the United States department of health and human services.
Parents and guardians shall first use education savings account payments for all qualified educational expenses that are tuition and fees for which the parent or guardian is'responsibleis responsible for payment at the pupil'spupil’s nonpublic school prior to using the education savings account for other qualified educational expenses.
House File 668, 8, p.
On or after January 11, , but on or before June 330, 0, preceding the school year for which the education savings account payment is requested, the parent or guardian of an eligible pupil may request an education savings account payment by submitting an application to the department of education.
Within thirty days following submission of an application, the department of education or third-party entity shall notify the parent or guardian of each pupil approved for the following school year and specify the amount of the education savings account payment for the pupil, iif f known at the time of the notice.
An education savings account fund iis s created 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 education savings account payments under this section.
For the fiscal year commencing July 11, , 2023, and each succeeding fiscal year, there is appropriated from the general fund of the state to the department of education to be credited to the fund the amount necessary to pay all education savings account payments approved for that fiscal year.
House File 668, 8, p.
Contract with a qualified firm, including but not limited to the third-party entity under paragraph -a",“a”, to allocate funds from each pupil'spupil’s account for the payment of qualified educational expenses by the pupil'spupil’s parent or guardian.
Require the qualified firm under paragraph ~C"“c” to offer the department of education the capability of automated clearinghouse transactions, electronic commerce transactions, reimbursement transactions, and debit card payments in order to meet the diverse needs of participating parents and guardians to pay for qualified educational expenses.
Reduce the possibility of waste, fraud, and abuse, and ensure that any technology platform used for the program meets the state'sstate’s highest security requirements, including compliance.
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The amount of the pupil'spupil’s education savings account payment shall be deposited into the pupil'spupil’s individual account on July 15 or thirty days following submission of the application, whichever iis s later, and such amount shall be immediately available for the payment of qualified educational expenses incurred by the parent or guardian for the pupil during that fiscal year using a payment method authorized under subsection 55. .
A nonpublic school or other provider of qualified educational expenses that accepts payment from a parent or guardian using funds from a pupil'spupil’s individual account in the fund shall not refund, rebate, or share any portion of such payment with the parent, guardian, or pupil.
Moneys remaining in a pupil'spupil’s individual account upon conclusion of the fiscal year shall remain in the House File 668, 8, p.
7 pupil'spupil’s individual account for the payment of qualified educational expenses in future fiscal years during which the pupil participates iin n the program until the pupil becomes ineligible under the program or until the remaining amounts are transferred to the state general fund under subsection 88. .
The department of education or third-party entity shall also close the pupil'spupil’s individual account iin n the fund and transfer any remaining moneys in the account for deposit in the general fund of the state.
If the improperly obtained amounts have been disbursed from the applicable individual account, the department of education or third-party entity shall recover such amounts from the parent or guardian, including by initiating legal proceedings to recover such amounts, iif f necessary.
Moneys remaining in a pupil'spupil’s individual account when the pupil graduates from high school or turns twenty years of age, whichever occurs first, shall be transferred by the department of education for deposit in the general fund of the state.
The state board of education shall establish the appeals process consistent with chapter 17A and shall post such appeal process information on the state board of education'seducation’s internet site.
House File 668, 8, p.
The state board of education shall refer cases of substantial misuse of education savings account program funds to the attorney general for the purpose of collection or for the purpose of a criminal investigation iif f the state board of education obtains evidence of fraudulent use of an account.
This section shall not be construed to authorize the state or any political subdivision of the state to exercise authority over any nonpublic school or construed to require a nonpublic school to modify its academic standards for admission or educational program in order to receive payment from a parent or guardian using funds from a pupil'spupil’s account in the education savings account fund.
A nonpublic school that accepts payment from a parent or guardian using funds from a pupil'spupil’s account in the education savings account fund iis s not an agent of this state or of a political subdivision of this state.
A nonpublic school that accepts payment from a parent or guardian using funds from a pupil'spupil’s account in the education savings account fund shall be given the maximum freedom possible to provide for the educational needs of the school'sschool’s students, consistent with state and federal law.
Each pupil participating in the education savings account program is required to take all applicable state and federally required student assessments and the results of those assessments shall be provided to the pupil'spupil’s parents or guardians and reported to the department of education.
9 departmentsdepartment’s analysis shall be included in the annual condition of education report.
NEW SUBSECTION.SUBSECTION .
The department of education may adopt emergency rules under section 17A.4, subsection 33, , and section 17A.5, subsection 22, , paragraph "b“b”, to implement the provisions of the section of this Act enacting section 256.9, subsection 66, and section 257.11B, and the rules shall be effective immediately upon filing unless a later date is specified in the rules.
The following applies retroactively to tax years beginning on or after January 11, , 2023:
Section 257.10, subsection 99, , paragraph d, Code 2023, is amended to read as follows:
rorFor the budget year beginning July 11, , 2009, the u3cuse of the funds calculated under this subsection shall comply with the requirements ehapterof chapter 284 aand dshall —shallbe bdistributed s L _but to teachers pursuant to section 284.31.284.3A.
For the budget year beginning July 11, , 2010, and succeeding budget years, the use of the funds calculated under this subsection or available for use as provided in subsection 10, paragraph -d-,“d”, subsection 12, paragraph d“d”, -, or section 257.46, subsection 33, , shall comply withthewith the requirements efof ehaptefchapter 28"284 and shall be distributed to teachers pursuant to section 284.3A and shall comply with the requirements of chapter 284 related to such distribution House File 68, pp. .
110 0 under section 284.3A.284.3A .
Section 257.10, subsection 10, paragraph dd, , Code 2023, is amended to read as follows:
The use of the funds calculated under this subsection and any amount designated for professional development purposes from the school district'sdistrict’s flexibility account under section 298A.2, subsection 22, , shall comply with the requirements of chapter 284.
If all professional development requirements of chapter 284 are met and funds received under this subsection remain unexpended and unobligated at the end of a fiscal year beginning on or after July 11, , 2017, the school district may transfer all or a portion of such unexpended and unobligated funds for deposit in the school district'sdistrict’s flexibility account established under section 298A.2, subsection 22. .
At the end of a fiscal year beginning on or after July 11, , 2022, the school district may use all or a portion of funds under this subsection for the purposes authorized under subsection 99, , paragraph âd-.“d”.
Section 257.10, subsection 12, paragraph dd, , Code 2023, is amended to read as follows:
FeFFor Except as otherwise allowed under this paragraph, for the budget year beginning July 11, , 2014, and succeeding budget years, the use of the funds calculated under this subsection shall comply with the requirements of chapter 284 and shall be distributed to teachers pursuant to section 284.15.
for coverage of a classroom when an initial or career teacher iis s observing or co-teaching with a teacher assigned to a leadership role;
and for other costs associated with a framework or comparable system approved by the department of education under section 284.15 House File 668, 8, p.
If all requirements for the school district for the use of funds calculated under this subsection are met and funds received under this subsection remain unexpended and unobligated at the end of a fiscal year beginning on or after July 11, , 2020, the school district may transfer all or a portion of such unexpended and unobligated funds for deposit in the school district'sdistrict’s flexibility account established under section 298A.2, subsection 22. .
At the end of a fiscal year beginning on or after July 1, 2022, school districts may use all or a portion of funds under this subsection for the purposes authorized under subsection 99, , paragraph -d“d”, and, notwithstanding any provision of law to the contrary, school districts shall not be required to participate in or comply with section 284.15 in order to continue to receive funding under this subsection.
Section 257.11, subsection 55, , Code 2023, iis s amended to read as follows:
Shared operational functions ——— increased student opportunities ——— budget years beginning in 2014 through 2024 2034.
((1) 1) In order to provide additional funding to increase student opportunities and redirect more resources to student programming for school districts that share operational functions, a district that shares with a political subdivision one or more operational functions of a curriculum director, master social worker, independent social worker, work-based learning coordinator, special education director, mental health professional who holds a statement of recognition issued by the board of educational examiners, college and career transition counselor or coordinator, school resource officer, or school counselor, or one or more operational functions in the areas of superintendent management, business management, human resources, transportation, or operation and maintenance for at least twenty percent of the school year shall be assigned a supplementary weighting for each shared operational function.
A House File 68, pp. .
12 school district that shares an operational function in the area of business management, human resources, transportation, oor r operation and maintenance shall be assigned a supplementary weighting of five pupils for the function.
However, a school district may receive the additional weighting under this subsection for sharing the services of an individual with a political subdivision or another school district even iif f the type of operational function performed by the individual for the school district and the type of operational function performed by the individual for the political subdivision or another school district are not the same operational function, so long as either both operational functions are eligible for weighting under this subsection or the operational function the individual performs for the school district iis s special education director.
(2) For the purposes of this paragraph -a-.“a”:
(a) College“College and career transition counselor or coordinatorcoordinator” means a licensed school counselor or an appropriately trained individual responsible for providing direct services to students, parents, families, schools, and postsecondary institutions to support college preparation and postsecondary success, such as college preparation, financial aid processing, House File 68, p.
113 3 and transition to postsecondary institution enrollment.
(b) Political“Political subdivisionsubdivision” ~meansmeans a city, township, county, school corporation, merged area, area education agency, institution governed by the state board of regents, or any other governmental subdivision.
(c) School“School resource officerofficer” - means the same as defined in 34 U.S.C.
(d) Work-based“Work-based learning coordinatorcoordinator” -meansmeans an appropriately trained individual responsible for facilitating authentic, engaging work-based learning experiences for learners and educators in partnership with employers and others to enhance learning by connecting the content and skills that are necessary for future careers.
((1) 1) Notwithstanding paragraph -B-,“a”, subparagraph (1(1), ), each operational function assigned a supplementary weighting of five pupils under paragraph -a-,“a”, subparagraph (1(1), , shall instead be assigned a supplementary weighting of four pupils for the school budget years beginning on or after July 11, , 2022, July 1, 2023, and July 11, , 2024 but before July 1, 2035.
(2) Notwithstanding paragraph -a-,“a”, subparagraph (1), each operational function assigned a supplementary weighting of three pupils under paragraph -a-,“a”, subparagraph (1), shall instead be assigned a supplementary weighting of two pupils for the school budget years beginning on or after July 11, , 2022, July 1, 2023, and July 11, , 2024 but before July 1, 2035.
fIf two or more districts sharing operational functions are not contiguous to each other, the districts separating those districts are not required to be a party to the operational functions sharing arrangement.
Supplementary weighting pursuant to this subsection shall be available to a school district during the period commencing with the budget year beginning July 11, , 2014, through the budget year beginning July 11, , 2024 2034.
Criteria for determining the qualification of operational functions for supplementary weighting shall be determined by House File 668, 8, p.
Supplementary weighting pursuant to this subsection shall be available to an area education agency during the period commencing with the budget year beginning July 11, , 2014, through the budget year beginning July 11, , 2024 2034.
The minimum amount of additional funding for which an area education agency shall be eligible in a budget year iis s thirty thousand dollars, and the maximum amount of additional funding for which an area education agency shall be eligible iis s two hundred thousand dollars.
The department of management shall annually set a weighting for each area education agency to generate the approved operational sharing expense using the area education agency'sagency’s special education cost per pupil amount and foundation level.
This subsection iis s repealed effective July 1, 2025 2035.
Section 257.46, subsection 33, , Code 2023, iis s amended to read as follows:
At the end of a fiscal year beginning on or after July 11, , 2022, the school district may use all or a portion of funds for the purposes authorized under subsection 99, , paragraph ~d~.“d”.
Section 284.15, subsection 77, , Code 2023, iis s amended to read as follows:
The department shall establish criteria and a process for application and approval of the framework established under subsection 1, and for comparable systems that meet the requirements of section 284.16 or 284.17, which a school district may implement pursuant to subsection 6 in ordcrorder to rcccivcreceive tc-achrteacher lc-adcrshipleadership supplcmcntsupplement foundation aid c-alculatcdcalculated undcrunder section 257.10, subscctionsubsection 112. 2.
This division of this Act, being deel-e•deemed •immediateof immediate importance, takes effect upon_enactment.upon enactment.
a______________________________ "______________________________ PAPAT GRASSLEY AMY SINMAIRSINCLAIR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 68, Ninetieth General Assembly.
kp______________________________ /MEGHAN W Y \ , .i EGUrIN NELSON Ci-ftChief Clerk of the House •Approved Approved)_______________, h k 2,4+k , 2023 KI______________________________ 1EYNOLDKIM •REYNOLDS Governor
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View plain text versions (4)
- Enrolled View text pdf
- Enrolled Signed Enrolled Bill (PDF) Current pdf
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- Introduced View text pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Fiscal note.
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Signed by Governor.
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Reported correctly enrolled, signed by Speaker and President, and sent to Governor.
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Message from Senate.
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Immediate message.
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Passed Senate, yeas 31, nays 18.
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Substituted for SF 94.
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Read first time, attached to companion SF 94.
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Message from House.
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Immediate message.
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Passed House, yeas 55, nays 45.
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Amendment H-1001 adopted.
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Fiscal note.
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Amendment H-1001 filed.
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Introduced, placed on calendar.
Sponsors
- COMMITTEE ON EDUCATION REFORM · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 149 not signed on
Sponsors (1)
- COMMITTEE ON EDUCATION REFORM
Co-sponsors (0)
None.
Not signed on (149)
149 members have not signed on to this bill.
Show all 149 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HF 68?
- HF 68 is sponsored by COMMITTEE ON EDUCATION REFORM.
- What is the current status of HF 68?
- This bill has been enacted into law. Introduced January 18, 2023. Enacted.
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