General Assembly: 82 (2007 Regular GA) - Chapter 148 - Statewide preschool programs for four-year-old children — appropriations


Published: 2007-05-10

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438LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 148

CH. 148CH. 148

CHAPTER 148

STATEWIDE PRESCHOOL PROGRAMS FOR FOUR-YEAR-OLD CHILDREN — APPROPRIATIONS

H.F. 877

AN ACT creating a statewide voluntary preschool program for four-year-old children and making appropriations.

Be It Enacted by the General Assembly of the State of Iowa:

DIVISION I STATEWIDE PRESCHOOL PROGRAM FOR FOUR-YEAR-OLD

CHILDREN

Section 1. NEW SECTION. 256C.1 DEFINITIONS. As used in this chapter: 1. “Approved local program” means a school district’s program for four-year-old children

approved by the department of education to provide high quality preschool instruction. 2. “Department” means the department of education. 3. “Director” means the director of the department of education. 4. “Preschool program” means the statewide preschool program for four-year-old children

created in accordance with this chapter. 5. “School district approved toparticipate in thepreschool program”means a school district

that meets the school district requirements under section 256C.3 and has been approved by the department to participate in the preschool program. 6. “State board” means the state board of education.

Sec. 2. NEW SECTION. 256C.2 STATEWIDE PRESCHOOL PROGRAM FOR FOUR- YEAR-OLD CHILDREN — PURPOSE. 1. A statewide preschool program for four-year-old children is established. The purpose of

the preschool program is to provide an opportunity for all young children in the state to enter school ready to learn by expanding voluntary access to quality preschool curricula for all chil- dren who are four years old. 2. The state board shall adopt rules in accordance with chapter 17A as necessary to imple-

ment the preschool program as provided in this chapter.

Sec. 3. NEW SECTION. 256C.3 PRESCHOOL PROGRAM REQUIREMENTS. 1. ELIGIBLE CHILDREN. A child who is a resident of Iowa and is four years of age by Sep-

tember 15 of a school year shall be eligible to enroll in the preschool program under this chap- ter. If space and funding are available, a school district approved to participate in the pre- school program may enroll a younger or older child in the preschool program; however, the child shall not be counted for state funding purposes. 2. TEACHER REQUIREMENTS. a. An individual servingas a teacher in the preschool programmustmeet all of the following

qualifications: (1) The individual is either employed by or under contract with the school district imple-

menting the program. (2) The individual is appropriately licensed under chapter 272 andmeets requirements un-

der chapter 284. (3) The individual possesses a bachelor’s or graduate degree from an accredited college or

university with a major in early childhood education or other appropriate major identified in rule by the department. b. A teacher in the preschool program shall collaborate with other agencies, organizations,

439 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 148

and boards in the community to further the program’s capacity to meet the diverse needs of the children taught by the teacher and the families of the children, such as needs for early care, health, and human services. In addition, a teacher in the preschool program shall work to maintain relationships with each child’s family in order to enhance the child’s development in all settings by collaboratingwith providers of parent education and family support opportu- nities. 3. PROGRAMREQUIREMENTS. The state board shall adopt rules to further define the fol-

lowing preschool program requirements which shall be used to determine whether or not a local program implemented by a school district approved to implement the preschool program qualifies as an approved local program: a. Maximum and minimum teacher-to-child ratios and class sizes. b. Applicable state and federal program standards. c. Student learning standards. d. Provisions for the integration of children from other state and federally funded pre-

schools. e. Collaboration with participating families, early care providers, and community partners

including but not limited to community empowerment area boards, head start programs, shared visions and other programs provided under the auspices of the child development co- ordinating council, licensed child care centers, registered child development homes, area edu- cation agencies, child care resource and referral services provided under section 237A.26, early childhood special educationprograms, services fundedbyTitle I of the federal Elementa- ry and Secondary Education Act of 1965, and family support programs. f. A minimum of ten hours per week of instruction delivered on the skills and knowledge

included in the student learning standards developed for the preschool program. g. Parental involvement in the local program. h. Provision for ensuring that children receiving care from other child care arrangements

can participate in the preschool program with minimal disruption due to transportation and movement from one site to another. 4. SCHOOL DISTRICT REQUIREMENTS. The state board shall adopt rules to further de-

fine the following requirements of school districts implementing the preschool program: a. Methods of demonstrating community readiness to implement high-quality instruction

in a local program shall be identified. The potential provider shall submit a collaborative pro- gramproposal that demonstrates the involvement ofmultiple community stakeholders includ- ing but not limited to, and only as applicable, parents, the school district, accredited nonpublic schools and faith-based representatives, the area education agency, the community empower- ment area board, representatives of business, head start programs, shared visions and other programs provided under the auspices of the child development coordinating council, center- based and home-based providers of child care services, human services, public health, and economic development programs. The methods may include but are not limited to a school district providing evidence of a public hearing on the proposed programming andwritten doc- umentation of collaboration agreements between the school district, existing community pro- viders, and other community stakeholders addressing operational procedures and other criti- cal measures. b. Subject to implementation of chapter 28E agreements between a school district and com-

munity-based providers of services to four-year-old children, a four-year-old child who is en- rolled in a child care center or child development home licensed or registered under chapter 237A, or in an existing public or private preschool program, shall be eligible for services pro- vided by the school district’s local preschool program. c. A school district shall participate in data collection and performance measurement pro-

cesses and reporting as defined by rule. d. Career development for school district preschool teachers shall be addressed in the

school district’s career development plan implemented in accordance with section 284.6. 5. DEPARTMENT REQUIREMENTS. a. The department shall implement an application and selection process for school district

440LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 148

participation in the preschool program that includes but is not limited to the enrollment re- quirements provided under section 256C.4. b. The department shall track the progress of students served by a school district preschool

program and the students’ performance in elementary and secondary education. c. The department shall implement procedures to monitor the quality of the programming

provided under the preschool program.1

Sec. 4. NEW SECTION. 256C.4 FUNDING PROVISIONS — ENROLLMENT. 1. GENERAL. a. State funding provided under the preschool program shall be based upon the enrollment

of eligible students in the preschool programming provided by a school district approved to participate in the preschool program. b. A school district approved to participate in the preschool programmay authorize expen-

ditures for the district’s preschool programming from any of the revenue sources available to the district from the sources listed in chapter 298A, provided the expenditures are within the uses permitted for the revenue source. In addition, the use of the revenue source for preschool or prekindergarten programmingmust have been approved prior to any expenditure from the revenue source for the district’s approved local program. c. Funding provided under the preschool program is intended to supplement, not supplant,

existing public funding for preschool programming. d. Preschool foundation aid funding shall not be commingled with the other state aid pay-

ments made under section 257.16 to a school district and shall be accounted for by the local school district separately from the other state aid payments. Preschool foundation aid pay- mentsmade to school districts aremiscellaneous income forpurposes of chapter 257. A school district shall maintain a separate listing within its budget for preschool foundation aid pay- ments received and expendituresmade. A school district shall certify to the department of ed- ucation that preschool foundation aid funding received by the school district was used to sup- plement, not supplant, moneys otherwise received and used by the school district for preschool programming. e. Preschool foundation aid funding shall not be used for the costs of constructing a facility

in connection with an approved local program. 2. ELIGIBLE STUDENT ENROLLMENT. a. To be included as an eligible student in the enrollment count of the preschool program-

ming provided by a school district approved to participate in the preschool program, a child must be four years of age by September 15 in the base year and attending the school district’s approved local program. b. The enrollment count of eligible students shall not include a child who is included in the

enrollment count determined under section 257.6 or a child who is served by a program al- ready receiving state or federal funds for the purpose of the provision of four-year-old pre- school programmingwhile the child is being served by the program. Suchpreschool program- ming includes but is not limited to child development assistance programs provided under chapter 256A, special education programs provided under section 256B.9, school ready chil- dren grant programs and other programs provided under chapter 28, and federal head start programs and the services funded by Title I of the federal Elementary and Secondary Educa- tion Act of 1965.

Sec. 5. NEW SECTION. 256C.5 FUNDING FORMULA. 1. DEFINITIONS. For the purposes of this section and section 256C.4: a. “Base year”, “budget year”, “regular program state cost per pupil”, and “school district”

mean the same as defined or described in chapter 257. b. “Eligible student”meansa childwhomeets eligibility requirementsunder section256C.4. c. “Preschool budget enrollment”means the figure that is equal to sixty percent of the actual

enrollment of eligible students in the preschool programming provided by a school district ap- proved to participate in the preschool program on October 1 of the base year, or the first Monday in October if October 1 falls on a Saturday or Sunday.

___________________

1 See chapter 215, §100 herein

441 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 148

d. “Preschool foundation aid”means the product of the regular program state cost per pupil for the budget year multiplied by the school district’s preschool budget enrollment. 2. PRESCHOOL FOUNDATION AID DISTRICT AMOUNT. a. For the initial school year for which a school district approved to participate in the pre-

school program receives that approval and implements the preschool program, the funding for the preschool foundation aid payable to that school district shall be paid from the appropri- ationmade for that school year in section 256C.6 or in another appropriationmade for purpos- es of this chapter. For that school year, the preschool foundation aid payable to the school dis- trict is the product of the regular program state cost per pupil for the school year multiplied by sixty percent of the school district’s eligible student enrollment on the date in the school year determined by rule. b. For budget years subsequent to the initial school year forwhicha school district approved

to participate in the preschool program receives that approval and implements the preschool program, the funding for the preschool foundation aid payable to that school district shall be paid from the appropriation made in section 257.16. 3. AID PAYMENTS. Preschool foundation aid shall be paid as part of the state aid pay-

ments made to school districts in accordance with section 257.16. 4. ADMINISTRATIONANDOVERSIGHT. Except as otherwise provided by law for a fiscal

year, of the amount appropriated for that fiscal year for payment of preschool foundation aid statewide, the department may use an amount sufficient to fund up to three full-time equiva- lent positions which shall be in addition to the number of positions authorized for the fiscal year, as necessary to provide administration and oversight of the preschool program.

Sec. 6. NEW SECTION. 256C.6 PHASE-IN — APPROPRIATIONS. 1. PHASE-IN. For the initial fiscal year in which a school district participates in the pre-

school program pursuant to an appropriation provided in subsection 2, the department shall apply amodified set of the requirements of the provisions of this chapter relating to preschool program implementation, preschool enrollment reporting, and distribution of funding as nec- essary to begin the distribution in that fiscal year and additional program implementation in the next fiscal year. For each month after September 1, in the initial fiscal year that a school district approved to participate in the preschool program begins programming, the depart- ment shall reduce the preschool foundation aid payable to the school district by one-tenth of the amount that would otherwise have been payable to the school district for the full school year. 2. APPROPRIATIONS FOR INITIAL YEARS. There is appropriated from the general fund

of the state to the department of education for the designated fiscal years the following amounts, or so much thereof as is necessary, to be used for the initial year preschool founda- tion aid payments to school districts approved to participate in the preschool program and ad- ministrative costs: a. For the fiscal year beginning July 1, 2008, and ending June 30, 2009, fifteen million dol-

lars. b. For the fiscal year beginning July 1, 2009, and ending June 30, 2010, fifteen million dol-

lars. c. For the fiscal year beginning July 1, 2010, and ending June 30, 2011, sixteen million one

hundred sixty-two thousand five hundred dollars. 3. INSUFFICIENTFUNDING. For the fiscal years in the period beginning July 1, 2007, and

ending June 30, 2011, if the number of requests from school districts for initial participation in the preschool program exceeds the funding made available for the preschool program, the department shall utilize all of the following selection criteria in selecting the school districts that will be approved to participate in the preschool program: a. Priority shall be given to school districts that do not have existing preschool program-

ming within the school district boundaries. b. Priority shall be given to school districts that have a high percentage of children in pover-

ty and such children shall receive first priority for the programs.

442LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 148

c. Consideration shall be given to the size of school districts in large, medium, and small categories in order for there to be equitable statewide distribution of preschool program ser- vices. d. Consideration shall be given to school districts with established, high-quality, communi-

ty partnerships for the delivery of preschool programming that are seeking to expand access. 4. REPEAL. This section is repealed July 1, 2011.

DIVISION II CONFORMING AMENDMENTS

Sec. 7. Section 256.11, subsection 1, Code 2007, is amended by adding the following new unnumbered paragraph: NEW UNNUMBERED PARAGRAPH. For the purposes of this subsection, “prekindergar-

ten program” includes but is not limited to a school district’s implementation of the preschool program established pursuant to chapter 256C.

Sec. 8. Section 257.16, subsection 1, Code 2007, is amended to read as follows: 1. There is appropriated each year from the general fund of the state an amount necessary

to pay the foundation aid under this chapter, the preschool foundation aidunder chapter 256C, supplementary aidunder section257.4, subsection2, andadjusted additional property tax levy aid under section 257.15, subsection 4.

Sec. 9. Section 285.1, subsection 1, paragraph c, Code 2007, is amended to read as follows: c. Childrenattendingprekindergartenprogramsofferedor sponsoredby thedistrict ornon-

public school and approved by the department of education or department of human services or children participating in preschool in an approved local program under chapter 256C may be provided transportation services. However, transportation services provided nonpublic school children are not eligible for reimbursement under this chapter.

Sec. 10. EMERGENCY RULES. The state board of education may adopt emergency rules under section 17A.4, subsection 2, and section 17A.5, subsection 2, paragraph “b”, to imple- ment the provisions of this Act and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.

Approved May 10, 2007

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CH. 149CH. 149

CHAPTER 149

LOCAL EMERGENCY MANAGEMENT COMMISSION COMMUNICATIONS

S.F. 90

AN ACT concerning local emergency management commission communications.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 29C.9, subsection 6, Code 2007, is amended to read as follows: 6. The commission shall determine the mission of its agency and program and provide di-

rection for the delivery of the emergency management services of planning, administration, coordination, training, and support for local governments and their departments. The com-