The District asked for an agency interpretation of the following statutory language:"For the fiscal year beginning July 1, 2005, and ending June 30, 2006, up to six million six hundred twenty-five thousand dollars to the department of education for use by school districts for either salaries or professional development, or both, as determined by the school district. Funds received by a school district for purposes of this paragraph shall be distributed using the formula provided in paragraph "f" and are subject to the provisions of section 284.7, subsection 6."That is, is the determination of how the funds are to be used subject to collective bargaining in districts where the licensed staff are organized? [The funds are commonly known as "Pot 2" funds.]

The Department responded that if the Legislature had intended for the use of the funds to NOT be subject to collective bargaining, it would have clearly so stated. In fact, in chapter 284 itself are two examples of where the Legislature empowered school boards to act soley. The reference in the disputed language to 284.7(6) is to a subsection where bargaining is required.

The Order of the Department of Education is that the Legislature intended that the determination of the use of the Pot 2 funds be subject to collective bargaining.