S.F. 248 Section 1. Section 256.7, subsection 32, paragraph a, Code 1 2017, is amended to read as follows: 2 a. Adopt rules for online learning in accordance with 3 sections 256.41, 256.42 , and 256.43 , and criteria for waivers 4 granted pursuant to section 256.42 . 5 Sec. 2. Section 256.7, subsection 32, paragraphs b and c, 6 Code 2017, are amended by striking the paragraphs. 7 Sec. 3. Section 256.9, subsection 56, Code 2017, is amended 8 to read as follows: 9 56. Develop and establish an online learning program model 10 in accordance with rules adopted pursuant to section 256.7, 11 subsection 32 , paragraph “a” , and in accordance with section 12 256.43 . 13 Sec. 4. Section 256.41, Code 2017, is amended to read as 14 follows: 15 256.41 Online learning requirements —— legislative findings 16 and declarations . 17 1. The general assembly finds and declares the following: 18 a. That prior legislative enactments on the use of 19 telecommunications in elementary and secondary school classes 20 and courses did not contemplate and were not intended to 21 authorize participation in open enrollment under section 282.18 22 for purposes of attending online schools, contracts to provide 23 exclusively or predominantly online coursework to students, or 24 online coursework that does not use teachers licensed under 25 chapter 272 for instruction and supervision. 26 b. That online learning technology has moved ahead of Iowa’s 27 statutory framework and the current administrative rules of the 28 state board, promulgated over twenty years ago, are inadequate 29 to regulate today’s virtual opportunities. 30 A school district providing educational instruction and 31 course content delivered primarily over the internet shall 32 do all of the following with regard to such instruction and 33 content: 34 a. Monitor and verify full-time student enrollment, timely 35 -1- LSB 1171XS (2) 87 je/rj 1/ 5

S.F. 248 completion of graduation requirements, course credit accrual, 1 and course completion. 2 b. Monitor and verify student progress and performance 3 in each course through a school-based assessment plan that 4 includes submission of coursework and security and validity of 5 testing. 6 c. Conduct parent-teacher conferences. 7 d. Administer assessments required by the state to all 8 students in a proctored setting and pursuant to state law. 9 2. Online learning curricula shall be provided and 10 supervised by a teacher licensed under chapter 272 . 11 Sec. 5. Section 256.42, subsections 3 and 9, Code 2017, are 12 amended by striking the subsections. 13 Sec. 6. Section 256.42, subsection 7, unnumbered paragraph 14 1, Code 2017, is amended to read as follows: 15 The department may waive for one year at its discretion 16 the provisions of section 256.11, subsection 5 , which require 17 that specified subjects be offered and taught by professional 18 staff of a school district or school, if the school district or 19 school makes every reasonable and good-faith effort to employ 20 a teacher licensed under chapter 272 for such a subject, and 21 the school district or school proves to the satisfaction of 22 the department that the school district or school is unable to 23 employ such a teacher. The specified subject shall be provided 24 by the initiative. The However, the specified subject may 25 instead be provided by the school district or school if all of 26 the following conditions are met: 27 Sec. 7. Section 256.42, subsection 8, Code 2017, is amended 28 to read as follows: 29 8. The department shall establish fees payable by school 30 districts and accredited nonpublic schools participating in 31 the initiative. Fees collected pursuant to this subsection 32 are appropriated to the department to be used only for the 33 purpose of administering this section and shall be established 34 so as not to exceed the budgeted cost of administering this 35 -2- LSB 1171XS (2) 87 je/rj 2/ 5

S.F. 248 section to the extent not covered by the moneys appropriated 1 in subsection 9 . Providing professional development 2 necessary to prepare teachers to participate in the initiative 3 shall be considered a cost of administering this section . 4 Notwithstanding section 8.33 , fees collected by the department 5 that remain unencumbered or unobligated at the close of the 6 fiscal year shall not revert but shall remain available for 7 expenditure for the purpose of expanding coursework offered 8 under the initiative in subsequent fiscal years. 9 Sec. 8. Section 256.43, subsection 1, paragraph i, Code 10 2017, is amended to read as follows: 11 i. Criteria for school districts or schools to use when 12 choosing providers of online learning to meet the online 13 learning program requirements specified in rules adopted 14 pursuant to section 256.7, subsection 32 , paragraph “a” . 15 Sec. 9. Section 256.43, subsection 2, Code 2017, is amended 16 to read as follows: 17 2. Private providers. At the discretion of the school board 18 or authorities in charge of an accredited nonpublic school, 19 after consideration of circumstances created by necessity, 20 convenience, and cost-effectiveness, courses developed by 21 private providers may be utilized by the school district or 22 school in implementing a high-quality online learning program. 23 Courses obtained from private providers shall be taught by 24 teachers licensed under chapter 272 . A school district may 25 provide courses developed by private providers and delivered 26 primarily over the internet to pupils who are participating in 27 open enrollment under section 282.18. 28 Sec. 10. Section 282.18, subsection 7, Code 2017, is amended 29 to read as follows: 30 7. a. A pupil participating in open enrollment shall be 31 counted, for state school foundation aid purposes, in the 32 pupil’s district of residence. A pupil’s residence, for 33 purposes of this section , means a residence under section 34 282.1 . 35 -3- LSB 1171XS (2) 87 je/rj 3/ 5

S.F. 248 b. (1) The board of directors of the district of residence 1 shall pay to the receiving district the sum of the state cost 2 per pupil for the previous school year plus either the teacher 3 leadership supplement state cost per pupil for the previous 4 fiscal year as provided in section 257.9 or the teacher 5 leadership supplement foundation aid for the previous fiscal 6 year as provided in section 284.13, subsection 1 , paragraph “e” , 7 if both the district of residence and the receiving district 8 are receiving such supplements, plus any moneys received for 9 the pupil as a result of the non-English speaking weighting 10 under section 280.4, subsection 3 , for the previous school 11 year multiplied by the state cost per pupil for the previous 12 year. If the pupil participating in open enrollment is also 13 an eligible pupil under section 261E.6 , the receiving district 14 shall pay the tuition reimbursement amount to an eligible 15 postsecondary institution as provided in section 261E.7 . 16 (2) If a pupil participates in an extracurricular activity 17 in accordance with subsection 11A, the district of residence 18 may deduct an activity fee from the amount calculated in 19 subparagraph (1). The amount of an activity fee shall not 20 exceed the lesser of the actual cost of providing the activity 21 to the pupil or fifteen percent of the state cost per pupil for 22 the previous school year. 23 Sec. 11. Section 282.18, Code 2017, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 11A. A pupil participating in open 26 enrollment for purposes of receiving educational instruction 27 and course content primarily over the internet in accordance 28 with section 256.7, subsection 32, may participate in any 29 extracurricular activities offered to children in the pupil’s 30 grade or group and sponsored by the district of residence under 31 the same conditions and requirements as the pupils enrolled in 32 the district of residence. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -4- LSB 1171XS (2) 87 je/rj 4/ 5

S.F. 248 the explanation’s substance by the members of the general assembly. 1 This bill eliminates provisions requiring that the state 2 board adopt rules prohibiting or limiting the open enrollment 3 of students whose educational instruction and course content 4 are delivered primarily over the internet. The bill authorizes 5 school districts to provide courses developed by private 6 providers and delivered primarily over the internet to pupils 7 who are participating in open enrollment. 8 Current law limits to one year the waiver that the department 9 may issue to school districts and accredited nonpublic schools 10 relating to the educational program that online schools must 11 offer and teach. The bill strikes the one-year limitation on 12 the waiver and provides for departmental discretion in issuing 13 such a waiver. 14 The bill allows a pupil who is participating in open 15 enrollment for purposes of online instruction to participate in 16 extracurricular activities in the district of residence under 17 the same conditions and requirements as pupils enrolled in the 18 district of residence. 19 The bill permits the school district of residence to deduct 20 an activity fee in an amount not to exceed the actual cost 21 of providing the activity or 15 percent of the state cost 22 per pupil for the previous year from the total amount the 23 school district is required to pay to the receiving school 24 district when such a pupil participates in any extracurricular 25 activities in the pupil’s grade or group that is sponsored by 26 the district of residence. 27 -5- LSB 1171XS (2) 87 je/rj 5/ 5