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House
File
2358
-
Introduced
HOUSE
FILE
2358
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HSB
604)
A
BILL
FOR
An
Act
authorizing
community-based
providers
to
directly
1
participate
in
the
statewide
preschool
program
for
2
four-year-old
children.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
256C.1,
subsection
1,
Code
2026,
is
1
amended
to
read
as
follows:
2
1.
“Approved
local
program”
means
a
school
district’s
3
program
or
community-based
provider’s
program
for
four-year-old
4
children
approved
by
the
department
of
education
to
provide
5
high
quality
high-quality
preschool
instruction.
6
Sec.
2.
Section
256C.1,
Code
2026,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
1A.
“
Community-based
provider
approved
9
to
directly
participate
in
the
preschool
program”
means
a
10
community-based
provider
that
meets
the
community-based
11
provider
requirements
under
section
256C.3
and
has
been
12
approved
by
the
department
to
directly
participate
in
the
13
preschool
program.
“Community-based
provider
approved
to
14
directly
participate
in
the
preschool
program”
does
not
mean
a
15
community-based
provider
that
partners
with
a
school
district’s
16
approved
local
program.
17
Sec.
3.
Section
256C.3,
subsection
1,
paragraph
b,
Code
18
2026,
is
amended
to
read
as
follows:
19
b.
If
space
and
funding
are
available,
including
funding
20
from
another
school
district
account
or
fund
from
which
21
preschool
program
expenditures
are
authorized
by
law,
a
school
22
district
approved
to
participate
in
the
preschool
program
or
23
community-based
provider
approved
to
directly
participate
in
24
the
preschool
program
may
enroll
and
pay
the
cost
of
attendance
25
for
a
younger
or
older
child
in
the
preschool
program;
however,
26
the
child
shall
not
be
counted
for
state
funding
purposes.
27
Sec.
4.
Section
256C.3,
subsection
2,
paragraph
a,
28
subparagraph
(1),
Code
2026,
is
amended
to
read
as
follows:
29
(1)
The
individual
is
either
employed
by
or
under
contract
30
with
the
school
district
,
or
with
the
community-based
provider
31
approved
to
directly
participate
in
the
preschool
program,
that
32
is
implementing
the
program.
33
Sec.
5.
Section
256C.3,
subsection
3,
unnumbered
paragraph
34
1,
Code
2026,
is
amended
to
read
as
follows:
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The
state
board
shall
adopt
rules
to
further
define
the
1
following
preschool
program
requirements
which
shall
be
used
2
to
determine
whether
or
not
a
local
program
implemented
by
a
3
school
district
approved
to
implement
the
preschool
program
or
4
a
community-based
provider
directly
approved
to
implement
the
5
preschool
program
qualifies
as
an
approved
local
program:
6
Sec.
6.
Section
256C.3,
subsection
3,
paragraph
h,
Code
7
2026,
is
amended
to
read
as
follows:
8
h.
Provision
for
ensuring
that
children
receiving
care
from
9
other
child
care
arrangements
can
participate
in
the
preschool
10
program
with
minimal
disruption
due
to
transportation
and
11
movement
from
one
site
to
another.
The
children
participating
12
in
the
preschool
program
may
be
transported
by
the
school
13
district
or
community
provider
to
activities
associated
with
14
the
program
along
with
other
children.
15
Sec.
7.
Section
256C.3,
Code
2026,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
4A.
Community-based
provider
18
requirements.
The
state
board
shall
adopt
rules
to
further
19
define
the
following
requirements
of
community-based
providers
20
approved
to
directly
participate
in
the
preschool
program
in
21
implementing
the
preschool
program:
22
a.
Methods
of
demonstrating
readiness
to
implement
23
high-quality
instruction
in
the
local
program
shall
be
24
identified.
25
b.
A
community-based
provider
shall
participate
in
data
26
collection
and
performance
measurement
processes
and
reporting
27
as
defined
by
rule.
28
c.
Professional
development
for
community-based
provider
29
preschool
teachers
shall
be
addressed
in
the
community-based
30
provider’s
professional
development
plan.
31
Sec.
8.
Section
256C.3,
subsection
5,
paragraphs
a,
b,
and
32
d,
Code
2026,
are
amended
to
read
as
follows:
33
a.
The
department
shall
implement
an
application
and
34
selection
process
for
school
district
participation
and
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community-based
provider
participation
in
the
preschool
program
1
that
includes
but
is
not
limited
to
the
enrollment
requirements
2
provided
under
section
256C.4
.
3
b.
The
department
shall
track
the
progress
of
4
students
served
by
a
school
district
preschool
program
or
5
community-based
provider
preschool
program
and
the
students’
6
performance
in
elementary
and
secondary
education.
7
d.
The
state
board,
in
collaboration
with
the
department,
8
shall
ensure
that
the
administrative
rules
adopted
to
support
9
the
preschool
program
emphasize
that
children’s
access
to
10
the
program
is
voluntary,
that
the
preschool
foundation
aid
11
provided
to
a
school
district
or
a
community-based
provider
is
12
provided
based
upon
the
enrollment
of
eligible
students
in
the
13
school
district’s
or
community-based
provider’s
local
program
14
regardless
of
whether
an
eligible
student
is
a
resident
of
the
15
school
district,
and
that
agreements
entered
into
by
a
school
16
district
for
the
provision
of
programming
in
settings
other
17
than
the
school
district’s
facilities
are
between
the
school
18
district
and
the
private
provider.
19
Sec.
9.
Section
256C.4,
subsection
1,
Code
2026,
is
amended
20
to
read
as
follows:
21
1.
General
State
funding
for
school
district
approved
to
22
participate
in
the
preschool
program
.
23
a.
State
funding
provided
under
the
preschool
program
to
24
school
districts
shall
be
based
upon
the
enrollment
of
eligible
25
students
in
the
preschool
programming
provided
by
a
school
26
district
approved
to
participate
in
the
preschool
program.
27
b.
A
school
district
approved
to
participate
in
the
28
preschool
program
may
authorize
expenditures
for
the
district’s
29
preschool
programming
from
any
of
the
revenue
sources
available
30
to
the
district
from
the
sources
listed
in
chapter
298A
,
31
provided
the
expenditures
are
within
the
uses
permitted
for
the
32
revenue
source.
In
addition,
the
use
of
the
revenue
source
33
for
preschool
or
prekindergarten
programming
must
have
been
34
approved
prior
to
any
expenditure
from
the
revenue
source
for
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the
district’s
approved
local
program.
1
c.
Funding
provided
under
the
preschool
program
is
intended
2
to
supplement,
not
supplant,
existing
public
funding
for
3
preschool
programming.
4
d.
Preschool
foundation
aid
funding
shall
not
be
commingled
5
with
the
other
state
aid
payments
made
under
section
257.16
6
to
a
school
district
and
shall
be
accounted
for
by
the
local
7
school
district
separately
from
the
other
state
aid
payments.
8
Preschool
foundation
aid
payments
made
to
school
districts
are
9
miscellaneous
income
for
purposes
of
chapter
257
.
A
school
10
district
shall
maintain
a
separate
listing
within
its
budget
11
for
preschool
foundation
aid
payments
received
and
expenditures
12
made.
A
school
district
shall
certify
to
the
department
of
13
education
that
preschool
foundation
aid
funding
received
by
14
the
school
district
was
used
to
supplement,
not
supplant,
15
moneys
otherwise
received
and
used
by
the
school
district
for
16
preschool
programming.
17
e.
Preschool
foundation
aid
funding
shall
not
be
used
for
18
the
costs
of
constructing
a
facility
in
connection
with
an
19
approved
local
program.
Preschool
foundation
aid
funding
may
20
be
used
by
approved
local
programs
and
community
providers
21
for
any
purpose
determined
by
the
board
of
directors
of
the
22
school
district
to
meet
standards
for
high-quality
preschool
23
instruction
and
for
purposes
that
directly
or
indirectly
24
benefit
students
enrolled
in
the
approved
local
program,
25
including
but
not
limited
to
professional
development
for
26
preschool
teachers,
instructional
equipment
and
supplies,
27
material
and
equipment
designed
to
develop
pupils’
large
and
28
small
motor
skills,
translation
services,
playground
equipment
29
and
repair
costs,
food
and
beverages
used
by
children
in
the
30
approved
local
program,
safety
equipment,
facility
rental
fees,
31
and
for
other
direct
costs
that
enhance
the
approved
local
32
program,
including
by
contracting
with
community
partners
for
33
any
such
services.
Preschool
foundation
aid
funding
may
be
34
used
by
approved
local
programs
for
the
costs
of
transportation
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involving
children
participating
in
the
preschool
program.
1
The
costs
of
transporting
other
children
associated
with
the
2
preschool
program
or
transported
as
provided
in
section
256C.3,
3
subsection
3
,
paragraph
“h”
,
may
be
prorated
by
the
school
4
district.
Preschool
foundation
aid
funding
received
by
an
5
approved
local
program
that
remains
unexpended
and
unobligated
6
at
the
end
of
a
fiscal
year
beginning
on
or
after
July
1,
2017,
7
shall
be
used
to
build
the
approved
local
program’s
preschool
8
program
capacity
in
the
next
succeeding
fiscal
year
excluding
9
that
portion
of
such
unexpended
and
unobligated
funding
that
10
the
school
district
authorizes
for
transfer
for
deposit
in
the
11
school
district’s
flexibility
account
established
under
section
12
298A.2,
subsection
2
,
if
the
statutory
requirements
for
the
use
13
of
such
funding
are
met.
For
purposes
of
determining
whether
a
14
school
district
has
authority
to
transfer
preschool
foundation
15
aid
funding
for
deposit
in
the
school
district’s
flexibility
16
account
established
under
section
298A.2,
subsection
2
,
the
17
school
district
must
have
provided
preschool
programming
18
during
the
fiscal
year
for
which
funding
remains
unexpended
19
and
unobligated
to
all
eligible
students
for
whom
a
timely
20
application
for
enrollment
was
submitted.
21
f.
The
receipt
of
funding
by
a
school
district
for
the
22
purposes
of
this
chapter
,
the
need
for
additional
funding
23
for
the
purposes
of
this
chapter
,
or
the
enrollment
count
of
24
eligible
students
under
this
chapter
shall
not
be
considered
25
to
be
unusual
circumstances,
create
an
unusual
need
for
26
additional
funds,
or
qualify
under
any
other
circumstances
that
27
may
be
used
by
the
school
budget
review
committee
to
grant
28
supplemental
aid
to
or
establish
a
modified
supplemental
amount
29
for
a
school
district
under
section
257.31
.
30
g.
For
the
fiscal
year
beginning
July
1,
2015,
and
each
31
succeeding
fiscal
year,
of
the
amount
of
preschool
foundation
32
aid
received
by
a
school
district
for
a
fiscal
year
in
33
accordance
with
section
257.16
,
not
more
than
five
percent
may
34
be
used
by
the
school
district
for
administering
the
district’s
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approved
local
program.
Outreach
activities
and
rent
for
1
facilities
not
owned
by
the
school
district
are
permissive
uses
2
of
the
administrative
funds.
3
h.
For
the
fiscal
year
beginning
July
1,
2015,
and
each
4
succeeding
fiscal
year,
of
the
amount
of
preschool
foundation
5
aid
received
by
a
school
district
for
a
fiscal
year
in
6
accordance
with
section
257.16
,
not
less
than
ninety-five
7
percent
of
the
per
pupil
amount
shall
be
passed
through
to
8
a
community-based
provider
for
each
pupil
enrolled
in
the
9
district’s
approved
local
program.
For
the
fiscal
year
10
beginning
July
1,
2015,
and
each
succeeding
fiscal
year,
not
11
more
than
ten
percent
of
the
amount
of
preschool
foundation
aid
12
passed
through
to
a
community-based
provider
may
be
used
by
the
13
community-based
provider
for
administrative
costs.
The
costs
14
of
outreach
activities
and
rent
for
facilities
not
owned
by
15
the
school
district
are
permissive
administrative
costs.
The
16
costs
of
transportation
involving
children
participating
in
the
17
preschool
program
and
other
children
may
be
prorated.
18
Sec.
10.
Section
256C.4,
Code
2026,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
1A.
State
preschool
funding
for
21
community-based
providers
approved
to
directly
participate
in
the
22
preschool
program.
23
a.
State
preschool
funding
shall
not
be
used
for
the
costs
24
of
constructing
a
facility
in
connection
with
an
approved
25
local
program.
Preschool
foundation
aid
funding
may
be
used
26
by
community-based
providers
for
any
purpose
determined
by
the
27
community-based
provider
to
meet
standards
for
high-quality
28
preschool
instruction
and
for
purposes
that
directly
or
29
indirectly
benefit
students
enrolled
in
the
approved
local
30
program,
including
but
not
limited
to
professional
development
31
for
preschool
teachers,
instructional
equipment
and
supplies,
32
material
and
equipment
designed
to
develop
pupils’
large
and
33
small
motor
skills,
translation
services,
playground
equipment
34
and
repair
costs,
food
and
beverages
used
by
children
in
the
35
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approved
local
program,
safety
equipment,
facility
rental
fees,
1
and
for
other
direct
costs
that
enhance
the
approved
local
2
program,
including
by
contracting
with
other
community
partners
3
for
any
such
services.
State
preschool
funding
may
be
used
4
by
approved
local
programs
for
the
costs
of
transportation
5
involving
children
participating
in
the
preschool
program.
6
Preschool
foundation
aid
funding
received
by
a
community-based
7
provider
approved
to
directly
participate
in
the
preschool
8
program
that
remains
unexpended
and
unobligated
at
the
end
9
of
a
fiscal
year
shall
be
used
to
build
the
community-based
10
provider’s
capacity
in
the
next
succeeding
fiscal
year.
11
b.
For
the
fiscal
year
beginning
July
1,
2026,
and
each
12
succeeding
fiscal
year,
of
the
amount
of
state
preschool
13
funding
received
by
a
community-based
provider
approved
14
to
directly
participate
in
the
preschool
program
for
a
15
fiscal
year,
not
more
than
five
percent
may
be
used
by
the
16
community-based
provider
for
administering
the
approved
local
17
program.
Outreach
activities
and
rent
for
facilities
not
owned
18
by
the
community-based
provider
are
permissive
uses
of
the
19
administrative
funds.
20
Sec.
11.
Section
256C.4,
subsection
2,
paragraph
a,
Code
21
2026,
is
amended
to
read
as
follows:
22
a.
To
be
included
as
an
eligible
student
in
the
enrollment
23
count
of
the
preschool
programming
provided
by
a
school
24
district
approved
to
participate
in
the
preschool
program
or
25
a
community-based
provider
approved
to
directly
participate
26
in
the
preschool
program
,
a
child
must
be
four
years
of
age
27
by
September
15
in
the
base
year
and
attending
the
school
28
district’s
or
community-based
provider’s
approved
local
29
program.
30
Sec.
12.
Section
256C.5,
subsection
1,
paragraphs
c
and
d,
31
Code
2026,
are
amended
to
read
as
follows:
32
c.
“Preschool
budget
enrollment”
means
the
figure
that
is
33
equal
to
fifty
percent
of
the
actual
enrollment
of
eligible
34
students
in
the
preschool
programming
provided
by
a
school
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district
approved
to
participate
in
the
preschool
program
or
a
1
community-based
provider
approved
to
directly
participate
in
2
the
preschool
program
on
October
1
of
the
base
year,
or
the
3
first
Monday
in
October
if
October
1
falls
on
a
Saturday
or
4
Sunday.
5
d.
“Preschool
foundation
aid”
means
the
product
of
the
6
regular
program
state
cost
per
pupil
for
the
budget
year
7
multiplied
by
the
school
district’s
preschool
budget
enrollment
8
or
the
community-based
provider’s
preschool
budget
enrollment
.
9
Sec.
13.
Section
256C.5,
Code
2026,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
2A.
Preschool
foundation
aid
community-based
12
provider
amount.
For
the
initial
school
year
for
which
a
13
community-based
provider
approved
to
directly
participate
in
14
the
preschool
program
receives
that
approval
and
implements
15
the
preschool
program,
the
preschool
foundation
aid
payable
16
to
the
community-based
provider
is
the
product
of
the
regular
17
program
state
cost
per
pupil
for
the
school
year
multiplied
18
by
fifty
percent
of
the
community-based
provider’s
eligible
19
student
enrollment
on
the
date
in
the
school
year
determined
20
by
rule.
For
budget
years
subsequent
to
the
initial
year
21
for
which
a
community-based
provider
approved
to
directly
22
participate
in
the
preschool
program
receives
that
initial
23
approval
and
implements
the
preschool
program,
the
preschool
24
foundation
aid
is
the
same
as
calculated
pursuant
to
subsection
25
1.
The
funding
for
the
preschool
foundation
aid
payable
to
the
26
community-based
provider
shall
be
paid
from
the
appropriation
27
made
in
section
257.16.
Continuation
of
a
community-based
28
provider’s
participation
in
the
preschool
program
for
a
second
29
or
subsequent
budget
year
is
subject
to
the
approval
of
the
30
department
based
upon
the
community-based
provider’s
compliance
31
with
accountability
provisions
and
the
department’s
on-site
32
review
of
the
community-based
provider’s
implementation
of
the
33
preschool
program.
34
Sec.
14.
Section
256C.5,
subsection
3,
Code
2026,
is
amended
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to
read
as
follows:
1
3.
Aid
payments.
2
a.
Preschool
foundation
aid
shall
be
paid
as
part
of
the
3
state
aid
payments
made
to
school
districts
in
accordance
with
4
section
257.16
.
5
b.
Preschool
foundation
aid
paid
directly
to
community-based
6
providers
shall
be
paid
to
the
community-based
provider
in
7
monthly
installments
beginning
on
September
15
of
a
budget
year
8
and
ending
on
or
about
June
15
of
the
budget
year
as
determined
9
by
the
department
of
management,
taking
into
consideration
the
10
relative
budget
and
cash
position
of
the
state
resources.
11
Sec.
15.
EMERGENCY
RULES.
The
state
board
of
education
12
may
adopt
emergency
rules
under
section
17A.4,
subsection
3,
13
and
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
14
the
provisions
of
this
Act
and
the
rules
shall
be
effective
15
immediately
upon
filing
unless
a
later
date
is
specified
in
the
16
rules.
Any
rules
adopted
in
accordance
with
this
section
shall
17
also
be
published
as
a
notice
of
intended
action
as
provided
18
in
section
17A.4.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
authorizes
community-based
providers
to
23
directly
participate
in
the
statewide
preschool
program
for
24
four-year-old
children.
25
Under
current
law,
only
school
districts
that
meet
certain
26
requirements
established
by
the
state
board
of
education
27
are
able
to
participate
in
the
statewide
preschool
program
28
for
four-year-old
children
established
pursuant
to
Code
29
chapter
256C,
although
school
districts
may
contract
with
30
community-based
providers.
The
bill
authorizes
community-based
31
providers
to
directly
participate
in
the
statewide
preschool
32
program
for
four-year-old
children
established
pursuant
33
to
Code
chapter
256C
by
applying
with
the
department
of
34
education
to
implement
a
preschool
program.
The
state
board
is
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required
to
adopt
rules
to
further
define
the
requirements
of
1
community-based
providers
implementing
the
preschool
program.
2
Under
current
law,
state
funding
provided
under
the
3
statewide
preschool
program
for
four-year-old
children
is
4
provided
to
school
districts
based
upon
the
number
of
eligible
5
students
enrolled
in
the
preschool
programming
provided
by
6
the
school
district.
Also
under
current
law,
if
the
school
7
district
contracts
with
a
community-based
provider,
state
8
funding
passes
from
the
school
district
to
the
community-based
9
provider.
The
bill
allows
a
community-based
provider
approved
10
to
directly
participate
in
the
preschool
program
to
be
paid
11
preschool
foundation
aid
directly
in
the
same
manner
as
a
12
school
district.
The
bill
establishes
the
amount
of
preschool
13
foundation
aid
that
is
payable
to
such
a
community-based
14
provider
for
the
initial
school
year
for
which
the
15
community-based
provider
is
approved
to
directly
participate
in
16
the
preschool
program,
and
for
subsequent
school
years.
17
The
bill
makes
conforming
changes.
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