Text: HF02387 Text: HF02389 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 2002". 1 3 Sec. 2. Section 256.7, subsection 21, unnumbered paragraph 1 4 1, Code Supplement 2001, is amended to read as follows: 1 5 Develop and adopt rulesby 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 Supplement 1 10 2001, is 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, 2004, 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 25, 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 Supplement 2001, is amended by 1 33 adding the following new subsections: 1 34 NEW SUBSECTION. 25. On or by June 30, 2003, 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. 26. 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 be 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 Supplement 2001, is amended by 2 17 adding the following new subsections: 2 18 NEW SUBSECTION. 51. 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. 52. Establish by June 30, 2003, 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 Supplement 2001, is amended to read as 3 1 follows: 3 2 The department shall conduct site visits to schools and 3 3 school districts to address accreditation issues identified in 3 4 the desk audit. Such a visit may be conducted by an 3 5 individual departmental consultant or may be a comprehensive 3 6 site visit by a team of departmental consultants and other 3 7 educational professionals. The purpose of a comprehensive 3 8 site visit is to determine that a district is in compliance 3 9 with minimum standards, all applicable federal and state 3 10 education laws, and to provide a general assessment of 3 11 educational practices in a school or school district and make 3 12 recommendations with regard to the visit findings for the 3 13 purposes of improving educational practices above the level of 3 14 minimum compliance. The department shall establish a long- 3 15 term schedule of site visits that includes visits of all 3 16 accredited schools and school districtsat least once every3 17five yearsas needed. 3 18 Sec. 7. Section 299.1, Code 2001, is amended to read as 3 19 follows: 3 20 299.1 ATTENDANCE REQUIREMENTS. 3 21 1. Except as provided in section 299.2, the parent, 3 22 guardian, or legal or actual custodian of a child who is of 3 23 compulsory attendance age, shall cause the child to attend 3 24 some public school, an accredited nonpublic school, or 3 25 competent private instruction in accordance with the 3 26 provisions of chapter 299A, during a school year, as defined 3 27 under section 279.10. The board of directors of a public 3 28 school district or the governing body of an accredited 3 29 nonpublic school shall set the number of days of required 3 30 attendance for the schools under its control. 3 31 2. The board of directors of a public or the governing 3 32 body of an accredited nonpublic schoolmayshall, by 3 33 resolution, require attendance for the entire time when the 3 34 schools are in session in any school year and adopt a policy 3 35 or rules relating to the reasons considered to be valid or 4 1 acceptable excuses for absence from school. The policy shall 4 2 provide for the following: 4 3 a. Not more than two unexcused absences or five excused 4 4 absences per semester per student, with the exception of a 4 5 student who suffers from an illness or injury when the illness 4 6 or injury is documented by a physician licensed in accordance 4 7 with chapter 148 or 150A, a physician's assistant, advanced 4 8 registered nurse practitioner, or chiropractor or any other 4 9 person identified by federal or state law as authorized to 4 10 perform physical examinations; or the death of a member of the 4 11 student's immediate family as defined in section 722.11, 4 12 subsection 1; or in case of an emergency or other dire 4 13 necessity, which shall be documented by the school district or 4 14 school building administrative staff and approved by the 4 15 central administrative staff. The number of excused absences 4 16 permitted under this paragraph shall be reduced by the number 4 17 of unexcused absences recorded on behalf of a student. 4 18 b. A written warning after a student's first unexcused 4 19 absence, which shall be sent by the school district or school 4 20 to the student's parent, guardian, or legal or actual 4 21 custodian, and shall explain the consequences and penalties 4 22 specified under this chapter for failure to attend and failure 4 23 to cause the child's attendance. 4 24 c. Referral of the matter to the county attorney for 4 25 mediation or prosecution in accordance with sections 299.5A, 4 26 299.6, 299.6A, and 299.13, if the student accumulates three or 4 27 more unexcused absences. The school district or school shall 4 28 send notice of the referral by certified mail to the parent, 4 29 guardian, or legal or actual custodian of the child. If the 4 30 school district or school fails to refer the matter to the 4 31 county attorney, or the county attorney fails to act on the 4 32 referral, the state board or the department, a school 4 33 district, the authorities in charge of an accredited nonpublic 4 34 school, or the parent, guardian, or legal or actual custodian 4 35 of the child deemed truant by the school district or school 5 1 may seek a writ of mandamus from the district court to compel 5 2 the school district or school or the county attorney to take 5 3 the actions required pursuant to this chapter. 5 4 Sec. 8. Section 299.1B, Code 2001, is amended to read as 5 5 follows: 5 6 299.1B FAILURE TO ATTEND – LOSS OF DRIVER'S LICENSE. 5 7 A person who does not attend a public school, an accredited 5 8 nonpublic school, competent private instruction in accordance 5 9 with the provisions of chapter 299A, an alternative school, or 5 10 an adult educationclasses, or who is not employed at least5 11twenty hours per weekclass shall not receive a motor vehicle 5 12 operator's license until age eighteen. A person under age 5 13 eighteen who has been issued a motor vehicle operator's 5 14 license who does not attend a public school, an accredited 5 15 nonpublic school, competent private instruction in accordance 5 16 with the provisions of chapter 299A, an alternative school, or 5 17 an adult educationclassesclass, shall surrender the license 5 18 and be issued a temporary restricted license under section 5 19 321.215. 5 20 Sec. 9. EDUCATION STUDIES. 5 21 1. a. An attendance-based state school aid committee is 5 22 established within the department of education to advise and 5 23 make recommendations to the general assembly and the governor 5 24 regarding the feasibility, benefits, and consequences of 5 25 converting from an enrollment-based state school foundation 5 26 aid formula to an attendance-based state school foundation aid 5 27 formula. The committee shall include in the study a review of 5 28 possible sanctions for failure of a school district to 5 29 maintain accurate attendance records and a review of 5 30 attendance-based state school foundation aid formulas used by 5 31 other states and their levels of success in achieving higher 5 32 daily attendance figures. 5 33 b. The committee shall consist of nine members. The 5 34 governor shall appoint three members. Six members shall be 5 35 appointed by the general assembly, three from each chamber, 6 1 with no more than two appointed from the same political party 6 2 in each chamber. Each member shall serve a one-year term. 6 3 The director of the department of education or the director's 6 4 designee shall serve as an ex officio member of the committee 6 5 and shall serve as the nonvoting chair of the committee. The 6 6 members of the committee are entitled to receive reimbursement 6 7 for actual expenses incurred as provided for in section 7E.6, 6 8 subsection 2, while engaged in the performance of the duties 6 9 of the committee. 6 10 2. a. An education law enforcement advisory committee is 6 11 established within the department of education to advise and 6 12 make recommendations to the general assembly and the governor 6 13 regarding sanctions for failure of a school district or 6 14 accredited nonpublic school to comply with federal and state 6 15 education laws. 6 16 b. The committee shall consist of nine members. The 6 17 governor shall appoint three members. One member shall be the 6 18 attorney general or the attorney general's designee. One 6 19 member shall be the director of the department of education or 6 20 the director's designee. Four members shall be appointed by 6 21 the general assembly, two from each chamber, with no more than 6 22 one appointed from the same political party in each chamber. 6 23 Each member shall serve a one-year term. The director of the 6 24 department of education, or the director's designee, shall 6 25 serve as the chair of the committee. The members of the 6 26 committee are entitled to receive reimbursement for actual 6 27 expenses incurred as provided for in section 7E.6, subsection 6 28 2, while engaged in the performance of the duties of the 6 29 committee. 6 30 3. Each committee shall submit its findings and 6 31 recommendations in a report to the senate and house standing 6 32 committees on education and the joint appropriations 6 33 subcommittee on education by December 15, 2003. 6 34 Sec. 10. STATE MANDATE FUNDING SPECIFIED. In accordance 6 35 with section 25B.2, subsection 3, the state cost of requiring 7 1 compliance with any state mandate included in this Act shall 7 2 be paid by a school district from state school foundation aid 7 3 received by the school district under section 257.16. This 7 4 specification of the payment of the state cost shall be deemed 7 5 to meet all the state funding-related requirements of section 7 6 25B.2, subsection 3, and no additional state funding shall be 7 7 necessary for the full implementation of this Act by and 7 8 enforcement of this Act against all affected school districts. 7 9 EXPLANATION 7 10 This bill, titled the "Education Accountability Act of 7 11 2002", requires the state board of education and the 7 12 department of education to define key data areas, requires the 7 13 establishment of statewide academic standards, requires school 7 14 districts and accredited nonpublic schools to require 7 15 attendance for the entire time when the schools are in session 7 16 in any school year, requires the department to conduct a study 7 17 of attendance-based state school aid and to monitor compliance 7 18 with federal and state education laws, establishes an 7 19 education law enforcement advisory committee within the 7 20 department to advise and make recommendations to the general 7 21 assembly and the governor regarding sanctions for failure by a 7 22 school district or accredited nonpublic school to comply with 7 23 federal and state education laws, requires school districts 7 24 and schools that administer the Iowa test of basic skills and 7 25 the Iowa test of educational development to report their 7 26 scores to the department and their local communities, and 7 27 requires the department to cooperate with other state and 7 28 local agencies to promote continuity of service to students 7 29 and their families. 7 30 STATE BOARD OF EDUCATION. The bill requires the state 7 31 board to adopt rules specifying clear, accurate, and 7 32 unambiguous definitions for key data areas, including but not 7 33 limited to truancy, drop-out and graduation rates, expulsion, 7 34 suspension, excused absence, and unexcused absence, and to 7 35 hold public hearings in each congressional district prior to 8 1 the adoption of the rules; to adopt rules establishing 8 2 statewide academic standards and expectations for students to 8 3 advance from kindergarten through grade 12 and to graduate 8 4 from high school with a diploma, and to establish a 8 5 requirement that all school districts and accredited nonpublic 8 6 schools that administer the Iowa test of basic skills or the 8 7 Iowa test of educational development annually report the test 8 8 results to the department and the local community. 8 9 DEPARTMENT OF EDUCATION. The bill requires the director to 8 10 develop and implement a specific process for monitoring 8 11 compliance with all state and federal education laws at the 8 12 state and school district or school levels. If the department 8 13 fails to implement the process, the bill allows any aggrieved 8 14 person to seek a writ of mandamus from the district court to 8 15 compel the state board to take the action. The bill expands 8 16 the purpose of the comprehensive school accreditation site 8 17 visit to include determination of whether a district is in 8 18 compliance with all applicable federal and state education 8 19 laws. The bill also requires the director to establish by 8 20 June 30, 2003, to the maximum degree possible, cooperation 8 21 with area education agencies, community colleges, the 8 22 department of human services and its districts, and judicial 8 23 districts to promote continuity in the delivery of services to 8 24 students and their families. 8 25 SCHOOL DISTRICTS AND SCHOOLS. The bill requires school 8 26 districts and accredited nonpublic schools, beginning October 8 27 1, 2004, to submit key data area information to the department 8 28 annually as a component of their comprehensive school 8 29 improvement plans. 8 30 TRUANCY REQUIREMENTS. The bill directs school districts 8 31 and accredited nonpublic schools to require attendance for the 8 32 entire time schools are in session in any school year and to 8 33 adopt a policy or rules relating to the reasons considered to 8 34 be valid or acceptable excuses for absence from school. Under 8 35 the bill, the policy must provide for not more than two 9 1 unexcused absences or five excused absences per semester per 9 2 student. The number of excused absences must be reduced by 9 3 the number of unexcused absences a student has on record. 9 4 After the first unexcused absence, the school must send 9 5 written warning to the truant student's parent or guardian. 9 6 The school district or school must refer the matter to the 9 7 county attorney if the student accumulates three or more 9 8 unexcused absences. If the school district or school fails to 9 9 refer the matter, or the county attorney fails to act, the 9 10 state board or the department, the school district or school, 9 11 or the parent or guardian may seek a writ of mandamus. 9 12 FAILURE TO ATTEND – LOSS OF DRIVER'S LICENSE. The bill 9 13 strikes a provision that currently allows a person who is 9 14 under age 18 and who works at least 20 hours per week, but who 9 15 does not attend a public school, an accredited nonpublic 9 16 school, competent private instruction, or an alternative 9 17 school, to attain and keep a motor vehicle license. 9 18 EDUCATION STUDIES. The bill establishes an attendance- 9 19 based state school aid committee within the department of 9 20 education to advise and make recommendations to the general 9 21 assembly and the governor regarding the feasibility, benefits, 9 22 and consequences of converting from an enrollment-based state 9 23 school foundation aid formula to an attendance-based state 9 24 school foundation aid formula. The bill also establishes an 9 25 education law enforcement advisory committee within the 9 26 department to advise and make recommendations to the general 9 27 assembly and the governor regarding sanctions for failure by a 9 28 school district or accredited nonpublic school to comply with 9 29 federal and state education laws. Committee findings and 9 30 recommendations are due to the senate and house standing 9 31 committees on education and the joint appropriations 9 32 subcommittee on education by December 15, 2003. 9 33 STATE MANDATE. The bill may include a state mandate as 9 34 defined in Code section 25B.3. The bill requires that the 9 35 state cost of any state mandate included in the bill be paid 10 1 by a school district from state school foundation aid received 10 2 by the school district under Code section 257.16. The 10 3 specification is deemed to constitute state compliance with 10 4 any state mandate funding-related requirements of Code section 10 5 25B.2. The inclusion of this specification is intended to 10 6 reinstate the requirement of political subdivisions to comply 10 7 with any state mandates included in the bill. 10 8 LSB 5676HH 79 10 9 kh/cls/14.1
Text: HF02387 Text: HF02389 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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