ARC 9054C

ARC 9054C

Proposing rulemaking related to organization and administrative
procedures and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on January 8, 2025. A public hearing was held on the following date(s):

●January 28, 2025

No one attended the public hearing. No public comments were received.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Committee and advise of specific needs.

ITEM 1.Rescind 289—Chapter 1 and adopt the following new chapter in lieu thereof:

CHAPTER 1

ORGANIZATION AND ADMINISTRATIVE PROCEDURES

289—1.1(257) School budget review committee. The school budget review committee (SBRC) is established to review and make recommendations on any rules, regulations, directives, or forms relating to budgeting and accounting in school districts and area education agencies (AEAs); to confer with local school districts and make recommendations on any budgeting or accounting matters; and to grant supplemental aid or to grant a modified allowable growth in the budget year for any school district or AEA that has unusual circumstances that create a need for additional funds for operations or that must abate an environmental hazard due to a state or federal regulation. The SBRC may grant use of the unexpended general fund moneys for facilities under certain circumstances specified in the Iowa Code. The SBRC has the authority to direct the director of the department of education or the director of the department of management to make studies and investigations of school costs in any school district.

1.1(1) Membership. The SBRC is composed of the following six members:

a.The director of the department of education, who will serve as chairperson and conduct all meetings unless another member of the committee is asked by the director of the department of education to assume this role. The director of the department of education is a nonvoting member of the committee.

b.The director of the department of management, who will serve as secretary unless another member of the committee, department of education staff, or department of management staff is asked by the director of the department of management to assume this role. The designated secretary is nota voting member unless the designee is a regular member of the committee.

c.Four public members who are knowledgeable in the areas of school finance or public finance issues and who are appointed by the governor to represent the public. All committee members shall perform their assigned duties until a replacement has been appointed.

d.A staff person, employed by the department of education, to assist the SBRC.

1.1(2) Qualifications of public members. The four public members shall have general knowledge in the areas of Iowa school finance or public finance. At least one of the public members shall possess a master’s or doctoral degree in which areas of school finance, economics or statistics are an integral component or shall have equivalent experience in an executive administrative or senior research position in the education or public administration field.

1.1(3) Terms of office. The public members appointed by the governor shall serve staggered three-year terms beginning and ending as provided in Iowa Code section 69.19. Members appointed by the governor are subject to senate confirmation as provided by Iowa Code section 2.32.

1.1(4) Compensation. The committee members representing the public are entitled to receive the committee members’ necessary expenses while engaged in official duties. In addition, committee members shall be paid a per diem at the rate specified in Iowa Code section 7E.6. Per diem and expense payments shall be made from appropriations to the department of education.

289—1.2(257) Mailing address. The mailing address for all operations of the SBRC is Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319-0146.

289—1.3(257) Information or submissions. Information inquiries or requests for hearings, for declaratory rulings, for participation in the rulemaking procedures of the SBRC, and for scheduling presentations to the committee should be addressed to the director of the department of education as chairperson of the SBRC.

289—1.4(257) Hearings.

1.4(1) Number. The committee shall meet and hold hearings each year and shall continue in session until it has reviewed budgets of school districts and completed other duties as found in Iowa Code sections 257.30 through 257.32 and 260C.18B. A minimum of three sessions to hold hearings shall be scheduled each fiscal year and shall be held during the months of October, December, and March. Revisions to these regularly scheduled sessions may be made if there are scheduling conflicts, if the SBRC determines that additional sessions are necessary, or if there are not sufficient hearing requests to hold a session.

1.4(2) Notification to legislators and others.

a.Legislators shall be notified of hearings of the SBRC for specific school districts, AEAs, or community colleges in their constituencies. Such notification may be written, oral, or electronic.

b.Public notice of all hearings scheduled by the SBRC shall be posted by the department of education on the department’s website and on the first floor of the Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa.

1.4(3) Hearing procedures. The chairperson shall maintain the decorum of the hearing and may refuse to admit or may expel anyone whose conduct is disorderly.

1.4(4) Quorum.

a.Three voting members present constitute a quorum of the SBRC, and a quorum must be present to conduct a hearing at which official action is taken. Members may be present by electronic media.

b.If only three members are present, three favorable votes are necessary to pass a motion.

These rules are intended to implement Iowa Code sections 257.30 and 257.31.