House File 271

                                       HOUSE FILE       
                                       BY  FORD

                                       (COMPANION TO SF
                                        112 BY HATCH)

    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the operations of the state board of
  2    education, the department of education, school districts,
  3    accredited nonpublic schools, and other state and local
  4    agencies with regard to attendance and truancy, academic
  5    standards, and related matters.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 2102HH 80
  8 kh/cl/14

PAG LIN

  1  1    Section 1.  SHORT TITLE.  This Act shall be known and may
  1  2 be cited as the "Education Accountability Act of 2003".
  1  3    Sec. 2.  Section 256.7, subsection 21, unnumbered paragraph
  1  4 1, Code 2003, is amended to read as follows:
  1  5    Develop and adopt rules by July 1, 1999, incorporating
  1  6 accountability for student achievement into the standards and
  1  7 accreditation process described in section 256.11.  The rules
  1  8 shall provide for all of the following:
  1  9    Sec. 3.  Section 256.7, subsection 21, Code 2003, is
  1 10 amended by adding the following new paragraphs:
  1 11    NEW PARAGRAPH.  d.  A requirement that all school districts
  1 12 and accredited nonpublic schools that administer the Iowa test
  1 13 of basic skills or the Iowa test of educational development
  1 14 annually report to the department and the local community the
  1 15 results of the test, including the number of students taking
  1 16 the test who are defined by the school district or school as
  1 17 advanced, competent, and developmental or nonproficient; the
  1 18 number of students exempted from taking the tests and the
  1 19 reasons, in general, the students received exemptions; and the
  1 20 number of students that failed to take the test due to illness
  1 21 or other absence, including those who failed to take the test
  1 22 because they have dropped out of school.
  1 23    NEW PARAGRAPH.  e.  Beginning October 1, 2005, a
  1 24 requirement that school districts and accredited nonpublic
  1 25 schools submit to the department key data area information in
  1 26 accordance with the definitions adopted pursuant to subsection
  1 27 26, annually as a component of the comprehensive school
  1 28 improvement plan required pursuant to this subsection.  The
  1 29 department's purpose of collecting the data from these key
  1 30 areas is to provide the greatest possible insight into the
  1 31 needs and condition of the state's students.
  1 32    Sec. 4.  Section 256.7, Code 2003, is amended by adding the
  1 33 following new subsections:
  1 34    NEW SUBSECTION.  26.  On or by June 30, 2004, adopt rules
  1 35 specifying clear, accurate, and unambiguous definitions for
  2  1 key data areas, including but not limited to truancy, drop=out
  2  2 and graduation rates, expulsion, suspension, excused absence,
  2  3 and unexcused absence.  A public hearing shall be held in each
  2  4 congressional district prior to the adoption of rules by the
  2  5 state board pursuant to this subsection.
  2  6    NEW SUBSECTION.  27.  Adopt rules establishing statewide
  2  7 academic standards and expectations for students to advance
  2  8 from kindergarten through grade twelve and to graduate from
  2  9 high school with a diploma, including, but not limited to,
  2 10 adequate grade point averages, subject competencies,
  2 11 attendance requirements, demonstrated proficiencies on
  2 12 standardized and criterion=referenced tests for grade
  2 13 advancement, and completion of minimum core requirements and
  2 14 demonstrated proficiency for graduation.  The standards
  2 15 adopted shall prohibit the practice of social promotion.
  2 16    Sec. 5.  Section 256.9, Code 2003, is amended by adding the
  2 17 following new subsections:
  2 18    NEW SUBSECTION.  52.  Develop and implement a specific
  2 19 process for monitoring compliance with all state and federal
  2 20 education laws at the state and school district or school
  2 21 levels.  The process shall provide for the identification of
  2 22 conflicting laws and for resolution of conflicts occurring in
  2 23 the laws.  If the department fails to implement the process as
  2 24 required under this subsection, any aggrieved person may seek
  2 25 a writ of mandamus from the district court to compel the
  2 26 department to take the action required pursuant to this
  2 27 subsection.
  2 28    NEW SUBSECTION.  53.  Establish by June 30, 2004, to the
  2 29 maximum degree possible, procedures for cooperation with area
  2 30 education agencies, community colleges, the department of
  2 31 human services and its districts, and judicial districts, to
  2 32 promote continuity in the delivery of services to students and
  2 33 their families.
  2 34    Sec. 6.  Section 256.11, subsection 10, unnumbered
  2 35 paragraph 3, Code 2003, is amended to read as follows:
  3  1    The department shall conduct site visits to schools and
  3  2 school districts to address accreditation issues identified in
  3  3 the desk audit.  Such a visit may be conducted by an
  3  4 individual departmental consultant or may be a comprehensive
  3  5 site visit by a team of departmental consultants and other
  3  6 educational professionals.  The purpose of a comprehensive
  3  7 site visit is to determine that a district is in compliance
  3  8 with minimum standards, all applicable federal and state
  3  9 eduction laws, and to provide a general assessment of
  3 10 educational practices in a school or school district and make
  3 11 recommendations with regard to the visit findings for the
  3 12 purposes of improving educational practices above the level of
  3 13 minimum compliance.  The department shall establish a long=
  3 14 term schedule of site visits that includes visits of all
  3 15 accredited schools and school districts as needed.
  3 16    Sec. 7.  Section 299.1, Code 2003, is amended to read as
  3 17 follows:
  3 18    299.1  ATTENDANCE REQUIREMENTS.
  3 19    1.  Except as provided in section 299.2, the parent,
  3 20 guardian, or legal or actual custodian of a child who is of
  3 21 compulsory attendance age, shall cause the child to attend
  3 22 some public school, an accredited nonpublic school, or
  3 23 competent private instruction in accordance with the
  3 24 provisions of chapter 299A, during a school year, as defined
  3 25 under section 279.10.  The board of directors of a public
  3 26 school district or the governing body of an accredited
  3 27 nonpublic school shall set the number of days of required
  3 28 attendance for the schools under its control.
  3 29    2.  The board of directors of a public or the governing
  3 30 body of an accredited nonpublic school may shall, by
  3 31 resolution, require attendance for the entire time when the
  3 32 schools are in session in any school year and adopt a policy
  3 33 or rules relating to the reasons considered to be valid or
  3 34 acceptable excuses for absence from school.  The policy shall
  3 35 provide for the following:
  4  1    a.  Not more than two unexcused absences or five excused
  4  2 absences per semester per student, with the exception of a
  4  3 student who suffers from an illness or injury when the illness
  4  4 or injury is documented by a physician licensed in accordance
  4  5 with chapter 148 or 150A, a physician's assistant, advanced
  4  6 registered nurse practitioner, or chiropractor or any other
  4  7 person identified by federal or state law as authorized to
  4  8 perform physical examinations; or the death of a member of the
  4  9 student's immediate family as defined in section 722.11,
  4 10 subsection 1; or in case of an emergency or other dire
  4 11 necessity, which shall be documented by the school district or
  4 12 school building administrative staff and approved by the
  4 13 central administrative staff.  The number of excused absences
  4 14 permitted under this paragraph shall be reduced by the number
  4 15 of unexcused absences recorded on behalf of a student.
  4 16    b.  A written warning after a student's first unexcused
  4 17 absence, which shall be sent by the school district or school
  4 18 to the student's parent, guardian, or legal or actual
  4 19 custodian, and shall explain the consequences and penalties
  4 20 specified under this chapter for failure to attend and failure
  4 21 to cause the child's attendance.
  4 22    c.  Referral of the matter to the county attorney for
  4 23 mediation or prosecution in accordance with sections 299.5A,
  4 24 299.6, 299.6A, and 299.13, if the student accumulates three or
  4 25 more unexcused absences.  The school district or school shall
  4 26 send notice of the referral by certified mail to the parent,
  4 27 guardian, or legal or actual custodian of the child.  If the
  4 28 school district or school fails to refer the matter to the
  4 29 county attorney, or the county attorney fails to act on the
  4 30 referral, the state board or the department, a school
  4 31 district, the authorities in charge of an accredited nonpublic
  4 32 school, or the parent, guardian, or legal or actual custodian
  4 33 of the child deemed truant by the school district or school
  4 34 may seek a writ of mandamus from the district court to compel
  4 35 the school district or school or the county attorney to take
  5  1 the actions required pursuant to this chapter.
  5  2    Sec. 8.  Section 299.1B, Code 2003, is amended to read as
  5  3 follows:
  5  4    299.1B  FAILURE TO ATTEND == LOSS OF DRIVER'S LICENSE.
  5  5    A person who does not attend a public school, an accredited
  5  6 nonpublic school, competent private instruction in accordance
  5  7 with the provisions of chapter 299A, an alternative school, or
  5  8 an adult education classes, or who is not employed at least
  5  9 twenty hours per week class shall not receive a motor vehicle
  5 10 operator's license until age eighteen.  A person under age
  5 11 eighteen who has been issued a motor vehicle operator's
  5 12 license who does not attend a public school, an accredited
  5 13 nonpublic school, competent private instruction in accordance
  5 14 with the provisions of chapter 299A, an alternative school, or
  5 15 an adult education classes class, shall surrender the license
  5 16 and be issued a temporary restricted license under section
  5 17 321.215.
  5 18    Sec. 9.  EDUCATION STUDIES.
  5 19    1.  a.  An attendance=based state school aid committee is
  5 20 established within the department of education to advise and
  5 21 make recommendations to the general assembly and the governor
  5 22 regarding the feasibility, benefits, and consequences of
  5 23 converting from an enrollment=based state school foundation
  5 24 aid formula to an attendance=based state school foundation aid
  5 25 formula.  The committee shall include in the study a review of
  5 26 possible sanctions for failure of a school district to
  5 27 maintain accurate attendance records and a review of
  5 28 attendance=based state school foundation aid formulas used by
  5 29 other states and their levels of success in achieving higher
  5 30 daily attendance figures.
  5 31    b.  The committee shall consist of nine members.  The
  5 32 governor shall appoint three members.  Six members shall be
  5 33 appointed by the general assembly, three from each chamber,
  5 34 with no more than two appointed from the same political party
  5 35 in each chamber.  Each member shall serve a one=year term.
  6  1 The director of the department of education or the director's
  6  2 designee shall serve as an ex officio member of the committee
  6  3 and shall serve as the nonvoting chair of the committee.  The
  6  4 members of the committee are entitled to receive reimbursement
  6  5 for actual expenses incurred while engaged in the performance
  6  6 of the duties of the committee.  The members may also be
  6  7 eligible to receive compensation as provided in section 7E.6.
  6  8    2.  a.  An education law enforcement advisory committee is
  6  9 established within the department of education to advise and
  6 10 make recommendations to the general assembly and the governor
  6 11 regarding sanctions for failure of a school district or
  6 12 accredited nonpublic school to comply with federal and state
  6 13 education laws.
  6 14    b.  The committee shall consist of nine members.  The
  6 15 governor shall appoint three members.  One member shall be the
  6 16 attorney general or the attorney general's designee.  One
  6 17 member shall be the director of the department of education or
  6 18 the director's designee.  Four members shall be appointed by
  6 19 the general assembly, two from each chamber, with no more than
  6 20 one appointed from the same political party in each chamber.
  6 21 Each member shall serve a one=year term.  The director of the
  6 22 department of education, or the director's designee, shall
  6 23 serve as the chair of the committee.  The members of the
  6 24 committee are entitled to receive reimbursement for actual
  6 25 expenses incurred while engaged in the performance of the
  6 26 duties of the committee.  The members may also be eligible to
  6 27 receive compensation as provided in section 7E.6.
  6 28    3.  Each committee shall submit its findings and
  6 29 recommendations in a report to the senate and house standing
  6 30 committees on education and the joint appropriations
  6 31 subcommittee on education by December 15, 2004.
  6 32    Sec. 10.  STATE MANDATE FUNDING SPECIFIED.  In accordance
  6 33 with section 25B.2, subsection 3, the state cost of requiring
  6 34 compliance with any state mandate included in this Act shall
  6 35 be paid by a school district from state school foundation aid
  7  1 received by the school district under section 257.16.  This
  7  2 specification of the payment of the state cost shall be deemed
  7  3 to meet all the state funding=related requirements of section
  7  4 25B.2, subsection 3, and no additional state funding shall be
  7  5 necessary for the full implementation of this Act by and
  7  6 enforcement of this Act against all affected school districts.
  7  7                           EXPLANATION
  7  8    This bill, titled the "Education Accountability Act of
  7  9 2003", requires the state board of education and the
  7 10 department of education to define key data areas, requires the
  7 11 establishment of statewide academic standards, requires school
  7 12 districts and accredited nonpublic schools to require
  7 13 attendance for the entire time when the schools are in session
  7 14 in any school year, requires the department to conduct a study
  7 15 of attendance=based state school aid and to monitor compliance
  7 16 with federal and state education laws, establishes an
  7 17 education law enforcement advisory committee within the
  7 18 department to advise and make recommendations to the general
  7 19 assembly and the governor regarding sanctions for failure by a
  7 20 school district or accredited nonpublic school to comply with
  7 21 federal and state education laws, requires school districts
  7 22 and schools that administer the Iowa test of basic skills and
  7 23 the Iowa test of educational development to report their
  7 24 scores to the department and their local communities, and
  7 25 requires the department to cooperate with other state and
  7 26 local agencies to promote continuity of service to students
  7 27 and their families.
  7 28    STATE BOARD OF EDUCATION.  The bill requires the state
  7 29 board to adopt rules specifying clear, accurate, and
  7 30 unambiguous definitions for key data areas, including but not
  7 31 limited to truancy, drop=out and graduation rates, expulsion,
  7 32 suspension, excused absence, and unexcused absence, and to
  7 33 hold public hearings in each congressional district prior to
  7 34 the adoption of the rules; to adopt rules establishing
  7 35 statewide academic standards and expectations for students to
  8  1 advance from kindergarten through grade 12 and to graduate
  8  2 from high school with a diploma, and to establish a
  8  3 requirement that all school districts and accredited nonpublic
  8  4 schools that administer the Iowa test of basic skills or the
  8  5 Iowa test of educational development annually report the test
  8  6 results to the department and the local community.
  8  7    DEPARTMENT OF EDUCATION.  The bill requires the director of
  8  8 the department to develop and implement a specific process for
  8  9 monitoring compliance with all state and federal education
  8 10 laws at the state and school district or school levels.  If
  8 11 the department fails to implement the process, the bill allows
  8 12 any aggrieved person to seek a writ of mandamus from the
  8 13 district court to compel the state board to take the action.
  8 14 The bill expands the purpose of the comprehensive school
  8 15 accreditation site visit to include determination of whether a
  8 16 district is in compliance with all applicable federal and
  8 17 state education laws.  The bill also requires the director to
  8 18 establish by June 30, 2004, to the maximum degree possible,
  8 19 cooperation with area education agencies, community colleges,
  8 20 the department of human services and its districts, and
  8 21 judicial districts to promote continuity in the delivery of
  8 22 services to students and their families.
  8 23    SCHOOL DISTRICTS AND SCHOOLS.  The bill requires school
  8 24 districts and accredited nonpublic schools, beginning October
  8 25 1, 2005, to submit key data area information to the department
  8 26 annually as a component of their comprehensive school
  8 27 improvement plans.
  8 28    TRUANCY REQUIREMENTS.  The bill directs school districts
  8 29 and accredited nonpublic schools to require attendance for the
  8 30 entire time schools are in session in any school year and to
  8 31 adopt a policy or rules relating to the reasons considered to
  8 32 be valid or acceptable excuses for absence from school.  Under
  8 33 the bill, the policy must provide for not more than two
  8 34 unexcused absences or five excused absences per semester per
  8 35 student.  The number of excused absences must be reduced by
  9  1 the number of unexcused absences a student has on record.
  9  2 After the first unexcused absence, the school must send
  9  3 written warning to the truant student's parent or guardian.
  9  4 The school district or school must refer the matter to the
  9  5 county attorney if the student accumulates three or more
  9  6 unexcused absences.  If the school district or school fails to
  9  7 refer the matter, or the county attorney fails to act, the
  9  8 state board or the department, the school district or school,
  9  9 or the parent or guardian may seek a writ of mandamus.
  9 10    FAILURE TO ATTEND == LOSS OF DRIVER'S LICENSE.  The bill
  9 11 strikes a provision that currently allows a person who is
  9 12 under age 18 and who works at least 20 hours per week, but who
  9 13 does not attend a public school, an accredited nonpublic
  9 14 school, competent private instruction, or an alternative
  9 15 school, to attain and keep a motor vehicle license.
  9 16    EDUCATION STUDIES.  The bill establishes an attendance=
  9 17 based state school aid committee within the department of
  9 18 education to advise and make recommendations to the general
  9 19 assembly and the governor regarding the feasibility, benefits,
  9 20 and consequences of converting from an enrollment=based state
  9 21 school foundation aid formula to an attendance=based state
  9 22 school foundation aid formula.  The bill also establishes an
  9 23 education law enforcement advisory committee within the
  9 24 department to advise and make recommendations to the general
  9 25 assembly and the governor regarding sanctions for failure by a
  9 26 school district or accredited nonpublic school to comply with
  9 27 federal and state education laws.  Committee findings and
  9 28 recommendations are due to the senate and house standing
  9 29 committees on education and the joint appropriations
  9 30 subcommittee on education by December 15, 2004.
  9 31    STATE MANDATE.  The bill may include a state mandate as
  9 32 defined in Code section 25B.3.  The bill requires that the
  9 33 state cost of any state mandate included in the bill be paid
  9 34 by a school district from state school foundation aid received
  9 35 by the school district under Code section 257.16.  The
 10  1 specification is deemed to constitute state compliance with
 10  2 any state mandate funding=related requirements of Code section
 10  3 25B.2.  The inclusion of this specification is intended to
 10  4 reinstate the requirement of political subdivisions to comply
 10  5 with any state mandates included in the bill.
 10  6 LSB 2102HH 80
 10  7 kh/cl/14