ARC 6723C

ARC 6723C

EDUCATION DEPARTMENT[281]

Adopted and Filed

Rule making related to operational function sharing supplementary weighting

The State Board of Education hereby amends Chapter 97, "Supplementary Weighting," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 256.7.

State or Federal Law Implemented

This rule making implements, in whole or in part, 2022 Iowa Acts, House File 2080, and 2022 Iowa Acts, House File 2589.

Purpose and Summary

The 2022 General Assembly added two additional shared operational functions: "school resource officer" and "college and career transition counselor or coordinator." The General Assembly also raised the amount of weighting generated for sharing a superintendent and added flexibility for sharing with political subdivisions and other school corporations. This rule making implements those changes and also adds a definition of "work-based learning coordinator," which was omitted from a prior rule making.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 5, 2022, as ARC 6585C. No public comments were received.

Two changes from the Notice have been made. The definitions of "college and career transition counselor or coordinator" and "work-based learning coordinator" are identical to the statutory language. This rule making has been amended to include cross-references to the Iowa Code rather than repeat the statutory language. No substantive change is intended.

Adoption of Rule Making

This rule making was adopted by the State Board on November 16, 2022.

Fiscal Impact

This rule making has a fiscal impact to the State of Iowa.

From the Notes on Bills and Amendments for 2022 Iowa Acts, House File 2589:

From the final Fiscal Note for 2022 Iowa Acts, House File 2080:

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rule making will become effective on January 18, 2023.

The following rule-making actions are adopted:

Item 1. Amend subrule 97.7(2), introductory paragraph, as follows:

97.7(2) Operational function area eligibility. "Operational function sharing" means sharing of managerial personnel in the discrete operational function areas of superintendent management, business management, human resources management, student transportation management, facility operation or maintenance management, curriculum director, master social worker, independent social worker, school counselor, special education director, work-based learning coordinator, or mental health professional if the mental health professional holds a statement of recognition issued by the board of educational examiners, school resource officer, or college and career transition counselor or coordinator. "Operational function sharing" does not mean sharing of clerical personnel or school principals. The operational function sharing arrangement does not need to be a newly implemented sharing arrangement in order to be eligible for supplementary weighting.

Item 2. Amend paragraph 97.7(2)"j" as follows:

j. Work-based learning coordinator.

(1) and (2) No change.

(3)"Work-based learning coordinator" means the same as defined in Iowa Code section 257.11(5)"a"(2).

(3) (4)Shared work-based learning coordinator services shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider.

Item 3. Adopt the following new paragraphs 97.7(2)"l" and "m":

l. School resource officer.

(1)Shared personnel must perform the function of a school resource officer. An individual performing the function of a school resource officer must meet the definition in subparagraph 97.7(2)"l"(3).

(2)Deans of students, school business managers, school administration managers, school counselors, clerical personnel, paraprofessionals, private security guards, or custodians shall not be considered shared school resource officers for supplementary weighting under this subrule.

(3)"School resource officer" means the same as defined in 34 U.S.C. Section 10389.

(4)Shared school resource officer services shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider.

m. College and career transition counselor or coordinator.

(1)Shared personnel must perform the services of a college and career transition counselor or coordinator as defined in subparagraph 97.7(2)"m"(3).

(2)Superintendents, principals, curriculum directors, deans of students, school counselors, work-based learning coordinators, or other support services personnel in the guidance services function area shall not be considered a shared college and career transition counselor or coordinator under this subrule.

(3)"College and career transition counselor or coordinator" means the same as defined in Iowa Code section 257.11(5)"a"(2).

(4)Shared college and career transition counselor or coordinator services shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider.

Item 4. Amend paragraphs 97.7(10)"a" and "c" as follows:

a. A school district that shares an operational function in the area of superintendent management shall be assigned a supplementary weighting of eight nine pupils for the function.

c. A school district that shares the operational functions of a curriculum director, master social worker, independent social worker, school counselor, work-based learning coordinator, special education director, or mental health professional, school resource officer, or college and career transition counselor or coordinator shall be assigned a supplementary weighting of three pupils for the function. For the school budget years beginning July 1, 2022; July 1, 2023; and July 1, 2024, the weighting shall be two pupils.

Item 5. Amend subrule 97.7(11) as follows:

97.7(11) Sharing arrangement duties. A school district may receive the additional weighting for the sharing of services of an individual with a political subdivision that is not a school corporation or another school district even if 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 school district are not the same operational function, so long as either both operational functions are eligible for weighting or the operational function the individual performs for the school district is special education director. In such either case, the school district shall be assigned the additional weighting for the type of operational function that the individual performs for the school district, and the school district shall not receive additional weighting for any other function performed by the individual.

[Filed 11/16/22, effective 1/18/23]

[Published 12/14/22]

Editor's Note: For replacement pages for IAC, see IAC Supplement 12/14/22.