273.3 - DUTIES AND POWERS OF AREA EDUCATION AGENCY BOARD.
273.3 DUTIES AND POWERS OF AREA EDUCATION AGENCY
BOARD.
The board in carrying out the provisions of section 273.2 shall:
1. Determine the policies of the area education agency for
providing programs and services.
2. Be authorized to receive and expend money for providing
programs and services as provided in sections 273.1 to 273.9, and
chapters 256B and 257. All costs incurred in providing the programs
and services, including administrative costs, shall be paid from
funds received pursuant to sections 273.1 to 273.9 and chapters 256B
and 257.
3. Provide data and prepare reports as directed by the director
of the department of education.
4. Provide for advisory committees as deemed necessary.
5. Be authorized, subject to rules of the state board of
education, to provide directly or by contractual arrangement with
public or private agencies for special education programs and
services, media services, and educational programs and services
requested by the local boards of education as provided in this
chapter, including but not limited to contracts for the area
education agency to provide programs or services to the local school
districts and contracts for local school districts, other educational
agencies, and public and private agencies to provide programs and
services to the local school districts in the area education agency
in lieu of the area education agency providing the services.
Contracts may be made with public or private agencies located outside
the state if the programs and services comply with the rules of the
state board. Rules adopted by the state board of education shall be
consistent with rules, adopted by the board of educational examiners,
relating to licensing of practitioners.
6. Area education agencies may cooperate and contract between
themselves and with other public agencies to provide special
education programs and services, media services, and educational
services to schools and children residing within their respective
areas. Area education agencies may provide print and nonprint
materials to public and private colleges and universities that have
teacher education programs approved by the state board of education.
7. Be authorized to lease, purchase, or lease-purchase, subject
to the approval of the state board of education or its designee and
to receive by gift and operate and maintain facilities and buildings
necessary to provide authorized programs and services. However, a
lease for less than ten years and with an annual cost of less than
twenty-five thousand dollars does not require the approval of the
state board. The state board shall not approve a lease, purchase, or
lease-purchase until the state board is satisfied by investigation
that public school corporations within the area do not have suitable
facilities available. A purchase of property that is not a
lease-purchase may be made only within two years of a disaster as
defined in section 29C.2, subsection 1, and subject to the
requirements of this subsection.
8. Be authorized, subject to the approval of the director of the
department of education, to enter into agreements for the joint use
of personnel, buildings, facilities, supplies, and equipment with
school corporations as deemed necessary to provide authorized
programs and services.
9. Be authorized to make application for, accept, and expend
state and federal funds that are available for programs of
educational benefit approved by the director of the department of
education, and cooperate with the department in the manner provided
in federal-state plans or department rules in the effectuation and
administration of programs approved by the director, or approved by
other educational agencies, which agencies have been approved as
state educational authorities.
10. Be authorized to perform all other acts necessary to carry
out the provisions and intent of this chapter.
11. Employ personnel to carry out the functions of the area
education agency which shall include the employment of an
administrator who shall possess a license issued under chapter 272.
The administrator shall be employed pursuant to section 279.20 and
sections 279.23, 279.24 and 279.25. The salary for an area education
agency administrator shall be established by the board based upon the
previous experience and education of the administrator. Section
279.13 applies to the area education agency board and to all teachers
employed by the area education agency. Sections 279.23, 279.24 and
279.25 apply to the area education board and to all administrators
employed by the area education agency.
12. Prepare an annual budget estimating income and expenditures
for programs and services as provided in sections 273.1 to 273.9 and
chapter 256B within the limits of funds provided under section 256B.9
and chapter 257. The board shall give notice of a public hearing on
the proposed budget by publication in an official county newspaper in
each county in the territory of the area education agency in which
the principal place of business of a school district that is a part
of the area education agency is located. The notice shall specify
the date, which shall be not later than March 1 of each year, the
time, and the location of the public hearing. The proposed budget as
approved by the board shall then be submitted to the state board of
education, on forms provided by the department, no later than March
15 preceding the next fiscal year for approval. The state board
shall review the proposed budget of each area education agency and
shall before April 1, either grant approval or return the budget
without approval with comments of the state board included. An
unapproved budget shall be resubmitted to the state board for final
approval not later than April 15. For the fiscal year beginning July
1, 1999, and each succeeding fiscal year, the state board shall give
final approval only to budgets submitted by area education agencies
accredited by the state board or that have been given conditional
accreditation by the state board.
13. Be authorized to pay, out of funds available to the board
reasonable annual dues to an Iowa association of school boards.
Membership shall be limited to those duly elected members of the area
education agency board.
14. a. The board may establish a plan, in accordance with
section 403(b) of the Internal Revenue Code, as defined in section
422.3, for employees, which plan shall consist of one or more
investment contracts, on a group or individual basis, acquired from a
company, or a salesperson for that company, that is authorized to do
business in this state.
b. The selection of investment contracts to be included
within the plan established by the board shall be made either
pursuant to a competitive bidding process conducted by the board, in
coordination with employee organizations representing employees
eligible to participate in the plan, or pursuant to an agreement with
the department of administrative services to make available
investment contracts included in a deferred compensation or similar
plan established by the department pursuant to section 8A.438, which
plan meets the requirements of this subsection. The determination of
whether to select investment contracts for the plan pursuant to a
competitive bidding process or by agreement with the department of
administrative services shall be made by agreement between the board
and the employee organizations representing employees eligible to
participate in the plan.
c. The board may make elective deferrals in accordance with
the plan as authorized by an eligible employee for the purpose of
making contributions to the investment contract on behalf of the
employee. The deferrals shall be made in the manner which will
qualify contributions to the investment contract for the benefits
under section 403(b) of the Internal Revenue Code, as defined in
section 422.3. In addition, the board may make nonelective employer
contributions to the plan.
d. As used in this subsection, unless the context otherwise
requires, "investment contract" shall mean a custodial account
utilizing mutual funds or an annuity contract which meets the
requirements of section 403(b) of the Internal Revenue Code, as
defined in section 422.3.
15. Be authorized to establish and pay all or any part of the
cost of group health insurance plans, nonprofit group medical service
plans and group life insurance plans adopted by the board for the
benefit of employees of the area education agency, from funds
available to the board.
16. Meet at least annually with the members of the boards of
directors of the merged areas in which the area education agency is
located to discuss coordination of programs and services and other
matters of mutual interest to the boards.
17. Be authorized to issue warrants and anticipatory warrants
pursuant to chapter 74. The applicable rate of interest shall be
determined pursuant to sections 74A.2, 74A.3, and 74A.7. This
subsection shall not be construed to authorize a board to levy a tax.
18. Be authorized to issue school credit cards allowing area
education agency employees to pay for the actual and necessary
expenses incurred in the performance of work-related duties.
19. Pursuant to rules adopted by the state board of education, be
authorized to charge user fees for certain materials and services
that are not required by law or by rules of the state board of
education and are specifically requested by a school district or
accredited nonpublic school.
20. Be authorized to purchase equipment as provided in section
279.48.
21. Be authorized to sell, lease, or dispose of, in whole or in
part, property belonging to the area education agency. Before the
area education agency may sell property belonging to the agency, the
board of directors shall comply with the requirements set forth in
section 297.22. Before the board of directors of an area education
agency may lease property belonging to the agency, the board shall
obtain the approval of the director of the department of education.
22. Meet annually with the members of the boards of directors of
the school districts located within its boundaries if requested by
the school district boards.
23. By October 1 of each year, submit to the department of
education the following information:
a. The contracted salary including bonus wages and benefits,
annuity payments, or any other benefit for the administrators of the
area education agency.
b. The contracted salary and benefits and any other expenses
related to support for governmental affairs efforts, including
expenditures for lobbyists and lobbying activities for the area
education agency. Section History: Early Form
[C51, § 417; R60, § 648, 2074; C73, § 771, 1776; C97, § 2742,
2831, 2832; S13, § 2742, 2831, 2832; SS15, § 2734-b; C24, 27, 31, 35,
39, § 4122, 4456--4458, 5232--5234; C46, § 273.4, 301.12--301.14,
340.13--340.15; C50, 54, 58, 62, § 273.12, 273.13; C66, § 273.12,
273.13, 273.22; C71, 73, § 273.12, 273.13, 273.22, 273.24; C75, 77,
79, 81, § 273.3; 81 Acts, ch 87, § 1; 82 Acts, ch 1080, § 1, ch 1136,
§ 2, 3] Section History: Recent Form
83 Acts, ch 2, § 1; 84 Acts, ch 1010, § 2; 84 Acts, ch 1315, § 34;
85 Acts, ch 138, §2, 3; 85 Acts, ch 212, §21; 86 Acts, ch 1213, § 5;
86 Acts, ch 1245, § 1458; 86 Acts, ch 1246, § 133; 87 Acts, ch 115, §
40; 87 Acts, ch 233, § 474, 475; 89 Acts, ch 135, §58; 89 Acts, ch
265, §34; 92 Acts, ch 1050, § 1; 92 Acts, ch 1227, § 17; 94 Acts, ch
1089, §1; 94 Acts, ch 1175, §5; 94 Acts, ch 1183, §63; 96 Acts, ch
1215, §47, 48; 97 Acts, ch 184, §2; 2008 Acts, ch 1171, §64, 68; 2009
Acts, ch 65, §6; 2009 Acts, ch 179, §161
Referred to in § 256B.2, 256B.9, 257.9, 257.10, 273.2, 273.9,
273.23, 280.7A Footnotes
Selection of investment contracts to be included in Internal
Revenue Code section 403(b) plan established by board; 2008 Acts, ch
1171, §66--68
2008 amendment to subsection 14 takes effect January 1, 2009; 2008
Acts, ch 1171, §68