General Assembly: 75 (1994 Regular GA) - Chapter 1091 - Education — miscellaneous technical and other provisions


Published: 1994-04-19

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Sec. 20. CODE EDITOR. The Code editor shall renumber sections as provided in this Act to ensure consistency with the model state trademark bill promulgated by the United States trademark association, including the most recent revisions in the model bill.

Approved April 19, 1994

CHAPTER 1091 EDUCA TION - MISCELLANEOUS TECHNICAL AND OTHER PROVISIONS

S.F.2236

AN ACT relating to education by providing technical corrections that adjust language to reflect current usage, delete temporary language, and update ongoing provisions; and relating to prescription refills provided to students residing in the Iowa braille and sight saving school, the school for the deaf, and the state hospital-school.

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

Section 1. Section 256.7, subsection 12, Code Supplement 1993, is amended to read as follows: 12. Adopt rules pursuant to chapter 17 A relating to educational programs and budget limi-

tations for educational programs pursuant to sections 282.28, 282.29, 282.30, and 282.31. '!'he roles aa6ptea pl:U'Sl:1aat te t.ffis sl:1bseeti6a shall be 'Nrittea by- J.tme 3(},- ±98'1.

Sec. 2. Section 256.7, subsection 21, Code Supplement 1993, is amended to read as follows: 21. Adopt rules te be effeeti'/e by- J.I:lly- l-;- 1-993, whleft that set standards for approval of

family support preservice and in-service training programs, offered by area education agen- cies and practitioner preparation institutions, and family support programs offered by or through local school districts.

Sec. 3. Section 256.7, subsections 7, 8,15,16, and 17, Code Supplement 1993, are amended by striking the subsections.

Sec. 4. Section 256.9, subsection 27, Code Supplement 1993, is amended to read as follows: 27. Gattse te be JH'ffited ffi pamphlet farm aftep eaeh sessioo of the geaeral assembly Direct

that any amendments or changes in the school laws! with necessary notes and suggestions! te be distributed as prescribed in subsection 26 annually.

Sec. 5. Section 256.9, subsection 33, Code Supplement 1993, is amended to read as follows: 33. Develop programs in conjunction with the center for early development education to

be made available to the school districts to assist them in identification of at-risk children and their developmental needs. F6P a ~ ef &He yea!'-;- begiaaiag J.I:lly-l-;-l-988, aad eadffig J.tme 3(},- ±-989, direcl the eal:1eati6aal serviees aivisi6a ef the area- eal:1eati6a ageaeies te aevel6p pre- gi'Iifft plans te assist- the aistriets ffi eal:1eatiag at-Pisk ehilarea. '!'he area- eal:1eati6a ageaeies may eater ffite e6atraets With &tbeP gFffl:lpS er ageaeies te pNWiEle aller paPt- ef the pr6gram. '!'he pr6grams shall ffieltHle am are oot- limited w.

I!;-; 1\amiaistpat6r aad s-taf.f ia ser'liee eal:1eati6a. b. Area eal:1eati6a ageaey aad dis-tPiet s-taf.f I:1tilillati6a plaiHr. eo QI:1alifieati6as refll:1ipea of pers6aael aamiaisteriag the pr6gram. d. Chila t6 staff P&ti6 speeifieati6as. eo L6agitl:1aiaal testffig of the ehilarea. h Refeprals te 6tltside ageaeies. go Aft emphasis 6ft iategratiag the iaeatifiea ehilarea with the balaaee of the ela£s. b. Pr6p6sea el:1rriel:1ll:1m e6ateat aad materials. h Gest pr6jeeti6as fer pr6'1isi6a of the pr6grams.

CH. 1091 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 184

Sec. 6. Section 256.9, subsection 36, Code Supplement 1993, is amended to read as follows: 36. By- J-l:Hy- 1, 1-900;- develop Develop, or direct the area education agencies to develop, a

statewide technical assistance support network to provide school districts, or district subcon- tractors under section 279.49, with assistance in creating developmentally appropriate pro- grams under section 279.49.

Sec. 7. Section 256.9, subsection 41, Code Supplement 1993, is amended to read as follows: 41. Develop by September 1, 1-900;- an application and review process for the identification

of quality instructional centers at the community colleges. The process developed shall include but is not limited to the development of criteria for the identification of a quality instructional center as well as for the enhancement of other program offerings in order to upgrade pro- grams to quality instructional center status. Criteria established shall be designed to increase student access to programs, establish high quality occupational and vocational education pro- grams, and t6 enhance interinstitutional cooperation in program offerings.

Sec. 8. Section 256.9, subsection 42, Code Supplement 1993, is amended to read as follows: 42. Explore, in conjunction with the state board of regents, the need for coordination between

school districts, area education agencies, regents' institutions, and community colleges for pur- poses of delivery of courses, use of telecommunications, transportation, and other similar issues. Coordination may include, but is not limited to, coordination of calendars, programs, schedules, or telecommunications emissions. 'Pfle department shall develop reeommendations whleft shall be sl:lbmitted ffi a repert- t6 the general assembly by Febrl:lary l&,- 199h

Sec. 9. Section 256.9, subsection 43, Code Supplement 1993, is amended to read as follows: 43. Develop by September 1, 1-900;- an application and review process for approval of admin-

istrative and program sharing agreements between two or more community colleges or a com- munity college and an institution of higher education under the board of regents entered into pursuant to section 260C.46.

Sec. 10. Section 256.9, subsection 44, Code Supplement 1993, is amended to read as follows: 44. Prepare a plan and a report for ensuring that all Iowa children will be able to satisfy

the requirements for high school graduation. The plan and report shall include a statement of the dimensions of the dropout problem in Iowa; a survey of existing programs geared to dropout prevention; a plan for use of competency-based outcome methods and measures; proposals for alternative means for satisfying graduation requirements including alternative high school settings, supervised vocational experiences, education experiences within the cor- rectional system, screening and assessment mechanisms for identifying students who are at risk of dropping out and the development of an individualized education plan for identified students; a requirement that schools provide information to students who drop out of school on options for pursuing education at a later date; the development of basic materials and infor- mation for schools to present to students leaving school; a requirement that students notify their school districts of residence when the student discontinues school, including the reasons for leaving school and future plans for career development; a requirement that, unless a stu- dent chooses to make the information relating to the student leaving school confidential, schools make the information available to community colleges, area education agencies, and other educa- tional institutions upon request; and recommendations for the establishment of pilot projects for the development of model alternative options education programs; a plan for implementa- tion of any recommended courses of action to attain a zero dropout rate by the year 2000; and other requirements necessary to achieve the goals of this subsection. Alternative means for satisfying graduation requirements which relate to the development of individualized educa- tion plans for students who have dropped out of the regular school program shall include, but are not limited to, a tracking component that requires a school district to maintain periodic contact with a student, assistance to a dropout in curing any of the student's academic defi- ciencies, an assessment of the student's employability skills and plans to improve those skills, and treatment or counseling for a student's social needs. The department shall also prepare

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a cost estimate associated with implementation of proposals to attain a zero dropout rate, includ- ing but not limited to evaluation of existing funding sources and a recommended allocation of the financial burden among federal, state, local, and family resources. '!'-he repeP-t and plan shall be sl:lamittea te the general assemaly by- Janl:lary l6, 1993.

Sec. 11. Section 256.9, subsection 46, Code Supplement 1993, is amended to read as follows: 46. Develop and proviae by- Jiliy-1, ±993, in-service and pre service training programs through

the area education agencies and practitioner preparation institutions and guidelines for school districts for the establishment of family support programs. Guidelines developed shall describe barriers to learning and development which can affect children served by family support programs.

Sec. 12. Section 256.9, subsection 39, Code Supplement 1993, is amended by striking the subsection.

Sec. 13. Section 256.11, subsections 9 and 9A, Code Supplement 1993, are amended by strik- ing the subsections.

Sec. 14. Section 256.11A, Code Supplement 1993, is amended to read as follows: 256.11A IMPLEMENTATION GF STi'...NDLUmS GUIDANCE PROGRAM - MEDIA SER-

VICES PROGRAM - WAIVER. h Sehools and school aistriets are oot reE}l:Iirea te meet the stanaara aaoptea by- the state

beaM tHltieit seeti&fl2Wd-'1-, Gede Sl:Ipplement 198+;- reE}l:Iiring tfta.t teft tIiHts of voeational edtt- eati&H be offered and tatlgh-t ffi grades ffifle throl:lgh twelve I:Iftless the general assemaly enaets legislation relating te the reE}l:Iirements stated ffi the stanaara. YBtil the time sehools and seheel aistriets are reE}l:Iirea te meet the stanaara, the oeel:lpational eal:leation reE}l:Iirements s-taied ffi seeti&fl 2Wdl, sl:laseetion &, paragraph '-'h'-', apply-.

2 1. Schools and school districts unable to meet the standard adopted by the state board requiring each school or school district operating a kindergarten through grade twelve pro- gram to provide an articulated sequential elementary-secondary guidance program may, not later than August 1, 1993, for the school year beginning July 1, 1993, file a written request to the department of education that the department waive the requirement for that school or school district. The procedures specified in subsection 4 apply to the request. Not later than August 1, 1994, for the school year beginning July 1, 1994, the board of directors of a school district or the authorities in charge of a non public school may request a one-year exten- sion of the waiver.

Ya wai¥eP- is approve a iiftdep. sl:laseetion 4;- the seheel 01' seheel distPiet shall meet the reE}l:Iire fIleflts of seeti&fl2Wdl, sl:laseetion 9-;- paragraph ~ Gede Sl:Ipplement 198+;- fOI' the period fOI' whleh the wai¥eP- is appro'/ea.

3 g. Not later than August 1, 1993, for the school year beginning July 1, 1993, the board of directors of a school district, or authorities in charge of a non public school, may file a writ- ten request with the department of education that the department waive the reE}l:Iirement rule adopted by the state board to establish and operate a media services program to support the total curriculum for that district or school. The procedures specified in subsection 4 apply to the request. Not later than August 1, 1994, for the school year beginning July 1, 1994, the board of directors of a school district or the authorities in charge of a nonpublic school may request an additional one-year extension of the waiver.

Y a wai¥eP- is approvea iiftdep. sl:laseetion 4;- the seheel distPiet 01' seheel s-hall meet the reE}l:Iire fIleflts of seeti&fl 2Wdl, sl:laseetion 9-;- paragraph ~ Gede Sl:Ipplement 198+;- fOI' the period fOI' whleh the wai¥eP- is approvea.

43. A request for a waiver filed by the board of directors of a school district or authorities in charge of a non public school shall describe actions being taken by the district or school to meet the requirement for which the district or school has requested a waiver. '!'-he state beaM of eal:leation shall ~ PI:Iles,- by- Janl:lary 1, l-9OO,- tHltieit ehapter l-1A te implement a pPeee- dure and eFiteria fOI' the aepaFtment tel:lSe ffi malHftg a aeeision te appFove a waWer tHltieit sl:IaSeetioBs 2 and a.

CH. 1091 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION

Sec. 15. Section 256B.5, Code 1993, is amended to read as follows: 256B.5 SECRETARY'S REPORT.

186

The Iowa department of public health shall ff6m time t6 time as reql-lested furnish to the state divisian bureau of special education upon request information obtained from birth cer- tificates relative to the name, address, and disability of any case of eangenital defarmity 6l' physieal defeet developmental disability. The state erippled ehildren'-g ~ child health specialty clinics of the university Qf Iowa shall ff6m time t6 time as reql-lired upon request furnish to the state divisian bureau of special education the name, address, and disability of all children of their register.~~-

Sec. 16. Section 262.9, subsection 4, paragraphs a, b, and c, Code Supplement 1993, are amended to read as follows:

a-.- By- July 1-, l-989;- a miniml-lm &f fifty pereent of the pl-lrehases &f iRks w-ffieft are l-lSed fur newsprint f*lpeI' fer- printing serviees perfarmed internally 6l' eantraeted fer- by- the beard- sflall: be saybean based. 'f.he pereentage &f pl-lrehases by- the beard- of saybean based iRks l-lSed fer- newsprint printing serviees sflall: inerease by- July 1-, 1991-, t6 6Be hl-lndred pereent &f the tatal purehases of iRks l-lSed fer- newsprint printing serviees. b~. By- July 1-, 1991-, a minimum of tY/enty five pereent &f the pl-lrehases &f All inks, ather

thaD iRks whlcll are l-lSed fer- newsprint printing serviees, and whlcll purchased that are used internally or contracted for by the board shall be soybean-based to the extent formulations for such inks are available. 'f.he pereentage &f purehases by- the beard- of the saybean based iBks,- t6 the ~ farmulatians fer- suffi iRks are available, sflall: inerease by- July 1-, 1992-, t6 fifty- pereent &f the tatal purehases &f the iBks,- and sflall: inerease by- July 1-, 1993,- t6 6Be hundred pereent of the tatal purehases &f the inks.

e b. By July I, 1989, a minimum of fifteen percent of the purchases of garbage can liners made by the board shall be starch-based plastic garbage can liners. The percentage purchased shall increase by five percent annually until fifty percent of the purchases of garbage can liners are purchases of starch-based plastic garbage can liners.

Sec. 17. Section 262.9, subsection 5, Code Supplement 1993, is amended to read as follows: 5. In conjunction with the recommendations made by the department of natural resources,

purchase and use recycled printing and writing paper, with the exception of specialized paper when no recyclable product is available, in accordance with the schedule established in section 18.18; establish a wastepaper recycling program by- January 1-, 19OO, for all institutions governed by the board in accordance with recommendations made by the department of natural resources and the requirements of section 18.20; comply with, and the institutions governed by the board shall also comply with! the recycling goal, recycling schedule, and ultimate termination of pur- chase and use of polystyrene products for the purpose of storing, packaging, or serving food for immediate consumption pursuant to section 455D.16; shall, in accordance with the require- ments of section 18.6, require product content statements, the provision of information regarding on-site review of waste management in product bidding and contract procedures, and compli- ance with requirements regarding procurement specifications; and shall comply with the require- ments for the purchase of lubricating oils and industrial oils as established pursuant to section 18.22.

Sec. 18. Section 262.9, subsection 24, Code Supplement 1993, is amended to read as follows: 24. By- July 1-, 1991-, develap Develop a policy whlcll requires requiring oral communication

competence of persons who provide instruction to students attending institutions under the control of the board. The policy shall include a student evaluation mechanism which requires student evaluation of persons providing instruction on at least an annual basis.

Sec. 19. Section 262.9, subsection 25, Code Supplement 1993, is amended to read as follows: 25. By- July 1-, 1991-, develap Develop a policy relating to the teaching proficiency of teach-

ing assistants which provides a teaching proficiency standard, instructional assistance to, and evaluation of persons who provide instruction to students at the higher education institutions under the control of the board.

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Sec. 20. Section 262.9, subsection 26, Code Supplement 1993, is amended to read as follows: 26. Explore, in conjunction with the department of education, the need for coordination

between school districts, area education agencies, state board of regents' institutions, and com- munity colleges for purposes of delivery of courses, use of telecommunications, transporta- tion, and other similar issues. Coordination may include, but is not limited to, coordination of calendars, programs, schedules, or telecommunications emissions. The state board shall develop recommendations as necessary, which shall be submitted in a report to the general assembly by- FeaFtlaFY 1-5, 1991 on !! timely basis.

Sec. 21. Section 269.1, Code 1993, is amended to read as follows: 269.1 ADMISSION. All hli-OO fleFseas aad fleFseas wflese v-isffiH is S6 defeetive that- they eaH-Het- be flFefleFly

iastFtleted in the eemmea seheels, wOO are Fesideats ef the state aad ef stlitaale age aad eapae- ity-, Any resident of the state under twenty-one years of ~ who has !! visual disability too severe to acquire .!! satisfactory education in .!! regular educational environment shall be enti- tled to an education in the Iowa braille and sight saving school at the expense of the state. Non- residents also may be admitted to the Iowa braille and sight saving school if their presence would not be prejudicial to the interests of residents, upon such terms as may be fixed by the state board of regents.

Sec. 22. Section 270.4, Code 1993, is amended to read as follows: 270.4 CLOTHING, PRESCRIPTIONS, AND TRANSPORTATION. Wheft fH:tPHs are Hat Stlflfllied with The superintendent shall provide students, who would

otherwise be without, with clothing, prescription refills, or transportation, it shall be ftlFaishea by- the StlfleFiateaaeat, wOO and shall make etrt aft aeeetlat theFefeF agaiBst- bill the student's parent or guardian, if the fH:lfffi be student ~ a minor, aad agaiBst- or the ptif}H student if the fH:lfffi has 00 ~ 6F gtlaFdiaa, 6F student has attained the age of majority, whleh for any clothing, prescription refills, or transportation provided. The bill shall be eeFtifiea by- the StlfleFiateadeat te be eeFFeet, aad shall be presumptive evidence thereef in all courts.

Sec. 23. Section 282.5, Code 1993, is amended to read as follows: 282.5 READMISSION OF PlWIh STUDENT. When a sefl6lap student is dismissed by the.!! teacher, principal, or superintendent, a& ab6ve

flFevided pursuant to section 282.4, the sefl6lap student may be readmitted by sueh the teacher, principal, or superintendent, but when expelled by the board the sefl6lap student may be read- mitted only by the board or in the manner prescribed by it the board.

Sec. 24. Section 282.18, subsection 14, Code Supplement 1993, is amended by striking the subsection.

Sec. 25. Sections 258.14, 258.15, and 270.2, Code 1993, are repealed.

Approved April 19, 1994