Read the full stored bill text
Senate
File
2244
-
Introduced
SENATE
FILE
2244
BY
WEINER
,
DONAHUE
,
STAED
,
DREY
,
BLAKE
,
KNOX
,
TOWNSEND
,
ZIMMER
,
WINCKLER
,
QUIRMBACH
,
TRONE
GARRIOTT
,
BENNETT
,
PETERSEN
,
DOTZLER
,
HARDMAN
,
and
WAHLS
A
BILL
FOR
An
Act
relating
to
the
education
savings
account
program,
1
including
the
establishment
and
requirements
of
qualified
2
nonpublic
schools.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
256.9,
Code
2026,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
80.
Notify
each
school
district
of
resident
3
students
who
have
been
approved
to
participate
in
the
education
4
savings
account
program
no
later
than
the
date
on
which
the
5
parent
or
guardian
of
the
student
is
notified
of
the
student’s
6
approval
to
participate
in
the
program.
Notifications
under
7
this
subsection
shall
include
the
number
of
resident
pupils
8
approved
to
participate
and
the
ages
of
the
resident
pupils
but
9
shall
contain
no
other
personal
information
relating
to
the
10
resident
pupils.
11
NEW
SUBSECTION
.
81.
Make
available
to
the
public
and
12
submit
to
the
general
assembly
a
report
relating
to
tuition
13
and
mandatory
fee
schedules
of
qualified
nonpublic
schools
in
14
section
257.11B,
subsection
1,
paragraph
“0c”
,
subparagraph
15
(9).
16
NEW
SUBSECTION
.
82.
Require
third-party
entities
and
17
qualified
firms
of
the
education
savings
account
program
18
to
submit
annual
reports
including
the
total
amount
of
19
education
savings
account
funding
spent
by
families
on
20
educational
materials,
as
defined
in
section
257.11B,
21
subsection
1,
paragraph
“b”
,
subparagraph
(1),
including
a
22
separate
identification
of
the
amount
spent
on
educational
23
materials
sold
directly
by
the
reporting
third-party
entity
24
or
qualified
firm,
the
total
amount
of
education
savings
25
account
funding
spent
by
families
on
instructional
services
26
outside
of
qualified
nonpublic
schools,
and
a
list
of
all
27
claims
submitted
for
reimbursement,
including
amounts
approved
28
for
reimbursement.
The
department
shall
annually
compile
29
and
provide
such
reports
to
the
general
assembly.
Personal
30
information
regarding
a
student
in
an
annual
report
submitted
31
pursuant
to
this
subsection
shall
be
kept
confidential
as
32
required
under
the
federal
Family
Educational
Rights
and
33
Privacy
Act,
20
U.S.C.
§1232g,
and
in
the
same
manner
as
34
personal
information
in
student
records
maintained,
created,
35
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collected,
or
assembled
by
or
for
a
school
corporation
or
1
educational
institution
in
accordance
with
section
22.7,
2
subsection
1.
3
NEW
SUBSECTION
.
83.
Require
third-party
administrators
4
or
vendors
of
the
education
savings
account
program
to
fully
5
cooperate
with
the
department
and
the
office
of
auditor
of
6
state
for
performance
audits
of
education
savings
account
7
expenditures,
including
providing
access
to
student
eligibility
8
verification,
information
necessary
to
evaluate
compliance
and
9
detect
potential
fraud,
and
vendor
information.
The
board
10
shall
require
an
annual
independent
audit,
separate
from
the
11
financial
audit
required
under
section
257.11B,
to
verify
12
compliance
with
education
savings
account
program
requirements.
13
Such
audit
shall
constitute
a
public
record
under
chapter
22.
14
NEW
SUBSECTION
.
84.
Ensure
that
any
contract
with
15
a
third-party
administrator
or
vendor
related
to
the
16
education
savings
account
program
meets
all
of
the
following
17
requirements:
18
a.
The
contract
is
awarded
through
a
competitive
bidding
19
process.
20
b.
Contract
terms,
including
fees
and
data
security
21
provisions,
constitute
a
public
record
under
chapter
22.
22
c.
Fees
must
not
exceed
three
percent
of
the
total
23
funds
administered
on
behalf
of
education
savings
account
24
participants
and
must
not
exceed
direct
educational
costs.
25
d.
Payments
to
vendors
must
be
made
in
monthly
or
quarterly
26
installments.
27
Sec.
2.
Section
257.11B,
subsection
1,
paragraph
b,
28
subparagraph
(1),
Code
2026,
is
amended
to
read
as
follows:
29
(1)
“Qualified
educational
expenses”
includes
tuition
30
and
fees
at
a
qualified
nonpublic
school,
textbooks,
fees
31
or
payments
for
educational
therapies,
including
tutoring
32
or
cognitive
skills
training,
curriculum
fees,
software,
33
and
materials
for
a
course
of
study
for
a
specific
subject
34
matter
or
grade
level,
tuition
or
fees
for
nonpublic
online
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education
programs,
tuition
for
vocational
and
life
skills
1
education
approved
by
the
department
of
education,
education
2
materials
and
services
for
pupils
with
disabilities
from
an
3
accredited
provider,
including
the
cost
of
paraprofessionals
4
and
assistants
who
are
trained
in
accordance
with
state
law,
5
standardized
test
fees,
and
advanced
placement
examinations
or
6
examinations
related
to
postsecondary
education
admission
or
7
credentialing.
8
Sec.
3.
Section
257.11B,
subsection
1,
Code
2026,
is
amended
9
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
0c.
“Qualified
nonpublic
school”
means
a
11
nonpublic
school
that
complies
with
all
of
the
following:
12
(1)
The
governing
body
of
the
nonpublic
school
adheres
to
13
the
accountability
and
transparency
requirements
applicable
to
14
the
boards
of
directors
of
school
districts
in
the
same
manner
15
as
the
boards
of
directors
of
school
districts.
16
(2)
The
nonpublic
school
adheres
to
the
data
reporting
17
requirements
applicable
to
school
districts
in
the
same
manner
18
as
a
school
district.
19
(3)
The
nonpublic
school
adheres
to
the
accreditation
20
standards
applicable
to
school
districts
that
are
currently
21
accredited
by
the
department
of
education,
including
standards
22
related
to
courses
offered
and
taught
by
the
nonpublic
school,
23
in
the
same
manner
as
a
school
district.
24
(4)
The
nonpublic
school
adheres
to
the
teacher
employment
25
and
teacher
licensing
requirements
applicable
to
school
26
districts
in
the
same
manner
as
a
school
district.
27
(5)
The
nonpublic
school
annually
reports
to
the
department
28
of
education
the
number
of
residents
who
applied
for
admission
29
for
purposes
of
participation
in
the
education
savings
account
30
program
and
the
number
of
resident
students
who
were
denied
31
admission.
The
report
must
include
the
reason
for
each
32
denial.
Personal
information
regarding
an
applicant
in
a
33
report
submitted
pursuant
to
this
subparagraph
shall
be
kept
34
confidential
as
required
under
the
federal
Family
Educational
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Rights
and
Privacy
Act,
20
U.S.C.
§1232g,
and
in
the
same
1
manner
as
personal
information
in
student
records
maintained,
2
created,
collected,
or
assembled
by
or
for
a
school
corporation
3
or
educational
institution
in
accordance
with
section
22.7,
4
subsection
1.
5
(6)
The
nonpublic
school
reports
to
the
department
of
6
education
the
number
of
students
participating
in
the
education
7
savings
account
program
who
withdraw
from
the
nonpublic
8
school
and
reenter
a
public
school
during
the
school
year.
9
The
report
must
indicate
whether
the
student’s
return
to
a
10
public
school
was
voluntary
or
the
result
of
removal
by
the
11
nonpublic
school.
Personal
information
regarding
a
student
in
12
a
report
submitted
pursuant
to
this
subparagraph
shall
be
kept
13
confidential
as
required
under
the
federal
Family
Educational
14
Rights
and
Privacy
Act,
20
U.S.C.
§1232g,
and
in
the
same
15
manner
as
personal
information
in
student
records
maintained,
16
created,
collected,
or
assembled
by
or
for
a
school
corporation
17
or
educational
institution
in
accordance
with
section
22.7,
18
subsection
1.
19
(7)
The
nonpublic
school
refunds
education
savings
account
20
funds
if
a
student
participating
in
the
education
savings
21
account
program
withdraws
from
the
school
prior
to
the
end
of
22
the
semester.
The
nonpublic
school
must
report
a
student’s
23
withdrawal
in
a
manner
determined
by
the
department
of
24
education.
The
amount
of
the
refund
shall
be
prorated
based
25
on
the
number
of
school
days
the
student
was
enrolled
in
the
26
nonpublic
school.
The
nonpublic
school
shall
pay
the
amount
27
of
the
refund
to
the
pupil’s
district
of
residence
or,
if
the
28
pupil
has
moved
out
of
the
state,
shall
remit
the
refund
to
the
29
department
of
education
for
deposit
in
the
general
fund
of
the
30
state.
31
(8)
The
nonpublic
school
does
not
increase
tuition
or
32
mandatory
fees
for
a
school
year
by
a
rate
greater
than
the
33
state
percent
of
growth
rate
applicable
to
school
districts
34
for
that
school
year.
The
tuition
and
mandatory
fees
charged
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by
the
nonpublic
school
to
a
student
participating
in
the
1
education
savings
account
program
must
not
exceed
one
hundred
2
twenty-five
percent
of
the
state
cost
per
pupil
funding
amount
3
for
the
applicable
school
year.
4
(9)
The
nonpublic
school
annually
reports
to
the
department
5
of
education
the
tuition
and
mandatory
fee
schedules
for
each
6
grade
level
at
each
school
that
enrolls
students
participating
7
in
the
education
savings
account
program.
8
(10)
The
nonpublic
school
assumes
full
responsibility
9
for
providing
and
administering
any
transportation
services,
10
instructional
services,
or
materials
managed
by
public
schools
11
under
chapter
285
for
students
enrolled
in
the
nonpublic
school
12
and
participating
in
the
education
savings
account
program.
13
Sec.
4.
NEW
SECTION
.
268.8
Independent
evaluation
of
the
14
education
savings
account
program.
15
For
the
school
year
beginning
July
1,
2026,
and
every
five
16
years
thereafter,
the
university
shall
conduct
an
independent
17
evaluation
of
the
education
savings
account
program
in
section
18
257.11B.
The
evaluation
shall
include
academic
outcomes
and
19
demographic
characteristics
of
participating
students,
patterns
20
of
persistence
and
withdrawals,
and
participation
trends
for
21
students
who
have
never
attended
a
public
school.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
education
savings
account
(ESA)
26
program,
including
the
establishment
and
requirements
of
27
qualified
nonpublic
schools.
The
education
savings
account
28
program
is
a
program
that
provides
funds
to
pupils
who
attend
29
nonpublic
schools
to
pay
for
qualified
educational
expenses,
30
including
but
not
limited
to
tuition,
tutoring
or
cognitive
31
skill
training
fees,
educational
therapy
costs,
software
32
expenses,
and
expenses
related
to
course
materials.
33
The
bill
establishes
a
category
of
qualified
nonpublic
34
schools
that
must
comply
with
public
school
standards
of
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accountability
and
transparency,
data
reporting,
accreditation
1
standards,
and
teacher
employment
and
licensing
requirements.
2
The
bill
amends
the
definition
of
“qualified
education
3
expense”
to
provide
that
only
tuition
and
fees
at
a
qualified
4
nonpublic
school
are
qualified
educational
expenses
for
5
purposes
of
the
ESA
program.
6
The
bill
requires
qualified
nonpublic
schools
to
report
7
to
the
department
of
education
the
number
of
residents
who
8
applied
for
admission
for
purposes
of
participation
in
the
ESA
9
program
and
the
number
of
resident
students
who
were
denied
10
admission,
including
the
reason
for
each
denial;
to
report
to
11
the
department
the
number
of
students
participating
in
the
ESA
12
program
who
withdraw
from
the
nonpublic
school
and
reenter
13
a
public
school
during
the
school
year,
indicating
whether
14
the
student’s
return
to
a
public
school
was
voluntary;
to
15
refund
ESA
funds
if
a
student
participating
in
the
ESA
program
16
withdraws
from
the
school
prior
to
the
end
of
the
semester;
to
17
not
increase
tuition
or
mandatory
fees
for
a
school
year
by
a
18
rate
greater
than
the
state
percent
of
growth
rate
applicable
19
to
school
districts
for
that
school
year;
to
annually
report
to
20
the
department
the
tuition
and
mandatory
fee
schedules
for
each
21
grade
level
at
each
school
that
enrolls
students
participating
22
in
the
ESA
program;
and
to
assume
full
responsibility
for
23
providing
and
administering
any
transportation
services,
24
instructional
services,
or
materials
managed
by
public
schools
25
for
nonpublic
school
ESA
participants.
26
The
bill
requires
the
department
of
education
to
notify
each
27
school
district
of
resident
students
who
have
been
approved
28
to
participate
in
the
ESA
program
no
later
than
the
date
on
29
which
the
parent
or
guardian
of
the
student
is
notified
of
30
the
student’s
approval
to
participate
in
the
program;
to
make
31
available
to
the
public
and
submit
to
the
general
assembly
32
a
report
relating
to
tuition
and
mandatory
fee
schedules
of
33
qualified
nonpublic
schools;
to
require
third-party
entities
34
and
qualified
firms
of
the
ESA
program
to
submit
annual
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reports
detailing
ESA
expenditures;
to
require
third-party
1
administrators
or
vendors
of
the
ESA
program
to
fully
cooperate
2
with
the
department
and
the
office
of
auditor
of
state
for
3
performance
audits
of
ESA
expenditures;
and
ensure
that
any
4
contract
with
a
third-party
administrator
or
vendor
related
to
5
the
ESA
program
meets
the
requirements
in
the
bill.
6
Lastly,
the
bill
requires
the
university
of
northern
Iowa
to
7
conduct
an
independent
evaluation
of
the
ESA
program
every
five
8
years.
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