Senate File 475 H-8001 Amend Senate File 475, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 ONLINE EDUCATION 6 Section 1. Section 256.7, subsection 32, paragraph a, Code 7 2018, is amended to read as follows: 8 a. Adopt rules for online learning in accordance with 9 sections 256.41, 256.42 , and 256.43 , and criteria for waivers 10 granted pursuant to section 256.42 . 11 Sec. 2. Section 256.7, subsection 32, paragraph b, Code 12 2018, is amended by striking the paragraph. 13 Sec. 3. Section 256.7, subsection 32, paragraph c, Code 14 2018, is amended to read as follows: 15 c. Adopt rules that limit the statewide enrollment of 16 pupils in educational instruction and course content that are 17 delivered primarily over the internet to not more than eighteen 18 one-hundredths of one percent of the statewide enrollment of 19 all pupils, and that limit the number of pupils participating 20 in open enrollment for purposes of receiving educational 21 instruction and course content that are delivered primarily 22 over the internet to no more than one percent of a sending 23 district’s enrollment. Such limitations shall not apply if 24 the limitations would prevent siblings from enrolling in the 25 same school district or if a sending district determines that 26 the educational needs of a physically or emotionally fragile 27 student would be best served by educational instruction and 28 course content that are delivered primarily over the internet. 29 Students who meet the requirements of section 282.18 may 30 participate in open enrollment under this paragraph “c” for 31 purposes of enrolling only in the CAM community school district 32 or the Clayton Ridge community school district. 33 (1) The department, in collaboration with the international 34 association for K-12 online learning, shall annually collect 35 -1- SF475.2811 (1) 87 kh/rj 1/ 12 #1.

data on student performance in educational instruction and 1 course content that are delivered primarily over the internet 2 pursuant to this paragraph “c” . The department shall include 3 such data in its annual report to the general assembly pursuant 4 to subparagraph (4) and shall post the data on the department’s 5 internet site. 6 (2) School districts Adopt rules which require that 7 educational instruction and course content delivered primarily 8 over the internet be aligned with the Iowa core standards as 9 applicable. Under such rules, a school district may develop 10 and offer to students enrolled in the district educational 11 instruction and course content for delivery primarily over the 12 internet. A school district providing educational instruction 13 and course content that are delivered primarily over the 14 internet pursuant to this paragraph “c” shall annually submit 15 to the department, in the manner prescribed by the department, 16 data that includes but is not limited to the following: 17 (a) Student achievement and demographic characteristics. 18 (b) Retention rates. 19 (c) The percentage of enrolled students’ active 20 participation in extracurricular activities. 21 (d) Academic proficiency levels, consistent with 22 requirements applicable to all school districts and accredited 23 nonpublic schools in this state. 24 (e) Academic growth measures, which shall include either of 25 the following: 26 (i) Entry and exit assessments in, at a minimum, math 27 and English for elementary and middle school students, and 28 additional subjects, including science, for high school 29 students. 30 (ii) State-required assessments that track year-over-year 31 improvements in academic proficiency. 32 (f) Academic mobility. To facilitate the tracking 33 of academic mobility, school districts shall request the 34 following information from the parent or guardian of a student 35 -2- SF475.2811 (1) 87 kh/rj 2/ 12

enrolled in educational instruction and course content that 1 are delivered primarily over the internet pursuant to this 2 paragraph “c” : 3 (i) For a student newly enrolling, the reasons for choosing 4 such enrollment. 5 (ii) For a student terminating enrollment, the reasons for 6 terminating such enrollment. 7 (g) Student progress toward graduation. Measurement of 8 such progress shall account for specific characteristics of 9 each enrolled student, including but not limited to age and 10 course credit accrued prior to enrollment in educational 11 instruction and course content that are delivered primarily 12 over the internet pursuant to this paragraph “c” , and shall be 13 consistent with evidence-based best practices. 14 (3) The department shall conduct annually a survey of not 15 less than ten percent of the total number of students enrolled 16 as authorized under this paragraph “c” and section 282.18 , to 17 determine whether students are enrolled under this paragraph 18 “c” and section 282.18 to receive educational instruction and 19 course content primarily over the internet or are students who 20 are receiving competent private instruction from a licensed 21 practitioner provided through a school district pursuant to 22 chapter 299A . 23 (4) (2) The department shall compile and review the data 24 collected pursuant to this paragraph “c” and shall submit its 25 findings and recommendations for the continued delivery of 26 educational instruction and course content by school districts 27 pursuant to this paragraph “c” delivered primarily over the 28 internet , in a report to the general assembly by January 15 29 annually. 30 (5) School districts providing educational instruction and 31 course content that are delivered primarily over the internet 32 pursuant to this paragraph “c” shall comply with the following 33 requirements relating to such instruction and content: 34 (a) Monitoring and verifying full-time student enrollment, 35 -3- SF475.2811 (1) 87 kh/rj 3/ 12

timely completion of graduation requirements, course credit 1 accrual, and course completion. 2 (b) Monitoring and verifying student progress and 3 performance in each course through a school-based assessment 4 plan that includes submission of coursework and security and 5 validity of testing. 6 (c) Conducting parent-teacher conferences. 7 (d) Administering assessments required by the state to all 8 students in a proctored setting and pursuant to state law. 9 Sec. 4. Section 256.9, subsection 56, Code 2018, is amended 10 to read as follows: 11 56. Develop and establish an online learning program 12 model in accordance with rules adopted pursuant to section 13 256.7, subsection 32 , paragraph “a” , and in accordance with 14 section 256.43 . The director shall maintain a list of approved 15 online providers that meet the standards of section 256.42, 16 subsection 6, and provide course content through an online 17 learning platform taught by an Iowa licensed teacher that 18 has specialized training or experience in online learning. 19 Providers shall apply for approval annually or as determined 20 by the department. 21 Sec. 5. Section 256.41, Code 2018, is amended to read as 22 follows: 23 256.41 Online learning requirements —— legislative findings 24 and declarations school districts . 25 1. The general assembly finds and declares the following: 26 a. That prior legislative enactments on the use of 27 telecommunications in elementary and secondary school classes 28 and courses did not contemplate and were not intended to 29 authorize participation in open enrollment under section 282.18 30 for purposes of attending online schools, contracts to provide 31 exclusively or predominantly online coursework to students, or 32 online coursework that does not use teachers licensed under 33 chapter 272 for instruction and supervision. 34 b. That online learning technology has moved ahead of Iowa’s 35 -4- SF475.2811 (1) 87 kh/rj 4/ 12

statutory framework and the current administrative rules of the 1 state board, promulgated over twenty years ago, are inadequate 2 to regulate today’s virtual opportunities. 3 A school district providing educational instruction and 4 course content delivered primarily over the internet shall 5 do all of the following with regard to such instruction and 6 content: 7 a. Monitor and verify full-time student enrollment, timely 8 completion of graduation requirements, course credit accrual, 9 and course completion. 10 b. Monitor and verify student progress and performance 11 in each course through a school-based assessment plan that 12 includes submission of coursework and security and validity of 13 testing components. 14 c. Conduct parent-teacher conferences. 15 d. Administer assessments required by the state to all 16 students in a proctored setting and pursuant to state law. 17 2. Online learning curricula shall be provided and 18 supervised by a teacher licensed under chapter 272 . 19 Sec. 6. Section 256.42, subsection 7, Code 2018, is amended 20 by striking the subsection and inserting in lieu thereof the 21 following: 22 7. a. The provisions of section 256.11, subsection 5, which 23 require that specified subjects be offered and taught by a 24 school district or accredited nonpublic school, shall not apply 25 for up to two specified subjects at a school district or school 26 under this section if any of the following apply: 27 (1) The school district or school makes every reasonable and 28 good faith effort to employ a teacher licensed under chapter 29 272 for the specified subject, and is unable to employ such a 30 teacher. 31 (2) Fewer than ten students typically register for 32 instruction in the specified subject at the school district or 33 school. 34 b. The department may waive for one school year the 35 -5- SF475.2811 (1) 87 kh/rj 5/ 12

applicability of section 256.11, subsection 5, at its 1 discretion, to additional specified subjects for a school 2 district or accredited nonpublic school that proves to the 3 satisfaction of the department that the school district or 4 school has made every reasonable effort, but is unable to meet 5 the requirements of section 256.11, subsection 5. A school 6 district or accredited nonpublic school may apply for an annual 7 waiver each year. 8 c. Any specified subject course to which section 256.11, 9 subsection 5, does not apply under paragraph “a” or “b” shall 10 be provided by the initiative if the initiative offers the 11 course unless the course offered by the initiative lacks the 12 capacity to accommodate additional students. In that case, 13 the specified subject course may instead be provided by the 14 school district or accredited nonpublic school through an 15 online learning platform, provided the online learning platform 16 is taught by an Iowa licensed teacher with online learning 17 experience and the course content is aligned with the Iowa 18 content standards and satisfies the requirements of subsection 19 6. 20 d. For purposes of this subsection, “good faith effort” 21 means the same as defined in section 279.19A, subsection 9. 22 Sec. 7. Section 256.42, subsection 8, Code 2018, is amended 23 to read as follows: 24 8. The department shall establish fees payable by school 25 districts and accredited nonpublic schools participating in 26 the initiative. Fees collected pursuant to this subsection 27 are appropriated to the department to be used only for the 28 purpose of administering this section and shall be established 29 so as not to exceed the budgeted cost of administering this 30 section to the extent not covered by the moneys appropriated 31 in subsection 9 . Providing professional development 32 necessary to prepare teachers to participate in the initiative 33 shall be considered a cost of administering this section . 34 Notwithstanding section 8.33 , fees collected by the department 35 -6- SF475.2811 (1) 87 kh/rj 6/ 12

that remain unencumbered or unobligated at the close of the 1 fiscal year shall not revert but shall remain available for 2 expenditure for the purpose of expanding coursework offered 3 under the initiative in subsequent fiscal years. 4 Sec. 8. Section 256.42, subsection 9, Code 2018, is amended 5 by striking the subsection. 6 Sec. 9. Section 256.43, subsection 1, paragraph i, Code 7 2018, is amended to read as follows: 8 i. Criteria for school districts or schools to use when 9 choosing providers of online learning to meet the online 10 learning program requirements specified in rules adopted 11 pursuant to section 256.7, subsection 32 , paragraph “a” . 12 Sec. 10. Section 256.43, subsection 2, Code 2018, is amended 13 to read as follows: 14 2. Private providers. At the discretion of the school board 15 or authorities in charge of an accredited nonpublic school, 16 after consideration of circumstances created by necessity, 17 convenience, and cost-effectiveness, courses developed by 18 private providers may be utilized by the school district or 19 school in implementing a high-quality online learning program. 20 Courses obtained from private providers shall be taught by 21 teachers licensed under chapter 272 . A school district may 22 provide courses developed by private providers and delivered 23 primarily over the internet to pupils who are participating in 24 open enrollment under section 282.18. 25 DIVISION II 26 CONCURRENT ENROLLMENT —— CAREER AND TECHNICAL EXCEPTION TO 27 LIMITATION 28 Sec. 11. Section 257.11, subsection 3, Code 2018, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . c. Notwithstanding paragraph “b” , 31 subparagraph (1), a school district that otherwise meets the 32 requirements of this subsection may enter into a sharing 33 agreement with a community college under which the community 34 college may offer, or provide a community college-employed 35 -7- SF475.2811 (1) 87 kh/rj 7/ 12

instructor to teach, one or more classes in only one of the 1 six career and technical education service areas specified in 2 section 256.11, subsection 5, paragraph “h” , and the pupils 3 enrolled in such a class shall be assigned additional weighting 4 in accordance with this subsection if the number of pupils 5 enrolled in such a class exceeds five and the school district’s 6 total enrollment does not exceed six hundred pupils. 7 Sec. 12. Section 261E.3, subsection 3, paragraph g, Code 8 2018, is amended to read as follows: 9 g. The school district shall certify annually to the 10 department that the course provided to a high school student 11 for postsecondary credit in accordance with this chapter does 12 not supplant a course provided by the school district in which 13 the student is enrolled , except as provided under section 14 257.11, subsection 3, paragraph “c” . 15 DIVISION III 16 STUDENT HEALTH WORKING GROUP 17 Sec. 13. STUDENT HEALTH WORKING GROUP. 18 1. The department of public health and the department 19 of education shall convene a student health working group to 20 review state-initiated student health requirements, including 21 but not limited to requirements relating to dental and vision 22 health screenings under sections 135.17 and 135.39D, blood 23 lead testing under section 135.105D, and immunizations under 24 section 139A.8, and other related requirements imposed on 25 public schools. The working group shall study measures 26 for implementing such student health screening requirements 27 while reducing the administrative burden such requirements 28 impose on public schools. The working group shall develop a 29 uniform enforcement framework that includes a single method 30 for enforcement of the current student health requirements and 31 related data collection. 32 2. Voting members of the working group shall include persons 33 deemed appropriate by the department of public health as well 34 as one representative of each of the following, appointed by 35 -8- SF475.2811 (1) 87 kh/rj 8/ 12

the respective entity: 1 a. The department of education. 2 b. The department of public health. 3 c. The area education agencies. 4 d. The Iowa academy of family physicians. 5 3. a. The working group shall elect a chairperson and vice 6 chairperson from the voting members appointed. 7 b. A majority of the voting members of the working group 8 shall constitute a quorum. 9 4. The department of public health and the department of 10 education shall work cooperatively to provide staffing and 11 administrative support to the working group. 12 5. The working group shall submit its uniform enforcement 13 framework, findings, and recommendations to the general 14 assembly not later than December 31, 2018. 15 DIVISION IV 16 OPEN ENROLLMENT —— EXTRACURRICULAR ACTIVITY FEE 17 Sec. 14. Section 282.18, subsection 7, Code 2018, is amended 18 to read as follows: 19 7. a. A pupil participating in open enrollment shall be 20 counted, for state school foundation aid purposes, in the 21 pupil’s district of residence. A pupil’s residence, for 22 purposes of this section , means a residence under section 23 282.1 . 24 b. (1) The board of directors of the district of residence 25 shall pay to the receiving district the sum of the state cost 26 per pupil for the previous school year plus either the teacher 27 leadership supplement state cost per pupil for the previous 28 fiscal year as provided in section 257.9 or the teacher 29 leadership supplement foundation aid for the previous fiscal 30 year as provided in section 284.13, subsection 1 , paragraph “d” , 31 if both the district of residence and the receiving district 32 are receiving such supplements, plus any moneys received for 33 the pupil as a result of the non-English speaking weighting 34 under section 280.4, subsection 3 , for the previous school 35 -9- SF475.2811 (1) 87 kh/rj 9/ 12

year multiplied by the state cost per pupil for the previous 1 year. If the pupil participating in open enrollment is also 2 an eligible pupil under section 261E.6 , the receiving district 3 shall pay the tuition reimbursement amount to an eligible 4 postsecondary institution as provided in section 261E.7 . 5 (2) If a pupil participates in cocurricular or 6 extracurricular activities in accordance with subsection 7 11A, the district of residence may deduct up to two hundred 8 dollars per activity, for up to two activities, from the amount 9 calculated in subparagraph (1). For a cocurricular activity, 10 one semester shall equal one activity. Extracurricular 11 activities for which such a resident district may charge up 12 to two hundred dollars per activity for up to two activities 13 under this subparagraph include interscholastic athletics, 14 music, drama, and any other activity with a general fund 15 expenditure exceeding five thousand dollars annually. A pupil 16 may participate in additional extracurricular activities at the 17 discretion of the resident district. The school district of 18 residence may charge the pupil a fee for participation in such 19 cocurricular or extracurricular activities equivalent to the 20 fee charged to and paid in the same manner by other resident 21 pupils. 22 Sec. 15. Section 282.18, Code 2018, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 11A. A pupil participating in open 25 enrollment for purposes of receiving educational instruction 26 and course content primarily over the internet in accordance 27 with section 256.7, subsection 32, may participate in any 28 cocurricular or extracurricular activities offered to children 29 in the pupil’s grade or group and sponsored by the district 30 of residence under the same conditions and requirements 31 as the pupils enrolled in the district of residence. The 32 pupil may participate in not more than two cocurricular or 33 extracurricular activities during a school year unless the 34 resident district approves the student’s participation in 35 -10- SF475.2811 (1) 87 kh/rj 10/ 12

additional activities. The student shall comply with the 1 eligibility, conduct, and other requirements relating to the 2 activity that are established by the district of residence for 3 any student who applies to participate or who is participating 4 in the activity. 5 DIVISION V 6 DEPARTMENT OF EDUCATION —— BILITERACY SEAL 7 Sec. 16. Section 256.9, Code 2018, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 60. Develop and administer a seal of 10 biliteracy program to recognize students graduating from 11 high school who have demonstrated proficiency in two or more 12 world languages, one of which may be American sign language, 13 though one of which must be English. Participation in the 14 program by a school district, attendance center, or accredited 15 nonpublic school shall be voluntary. The department shall work 16 with stakeholders to identify standardized tests that may be 17 utilized to demonstrate proficiency. The department shall 18 produce a seal of biliteracy, which may include but need not 19 be limited to a sticker that may be affixed to a student’s 20 high school transcript or a certificate that may be awarded to 21 the student. A participating school district or school shall 22 notify the department of the names of the students who have 23 qualified for the seal and the department shall provide the 24 school district or school with the appropriate number of seals 25 or other authorized endorsement. The department may charge a 26 nominal fee to cover printing and postage charges related to 27 issuance of the biliteracy seal under this subsection. 28 DIVISION VI 29 LIMITATION ON DEPARTMENT OF EDUCATION GUIDANCE 30 Sec. 17. NEW SECTION . 256.9A Limitation on guidance and 31 interpretations. 32 1. For the purposes of this section, “guidance” means a 33 document or statement issued by the department, the state 34 board, or the director that purports to interpret a law, a 35 -11- SF475.2811 (1) 87 kh/rj 11/ 12

rule, or other legal authority and is designed to provide 1 advice or direction to a person regarding the implementation 2 of or compliance with the law, the rule, or the other legal 3 authority being interpreted. 4 2. The department, the state board, or the director shall 5 not issue guidance inconsistent with any statute, rule, or 6 other legal authority and shall not issue guidance that imposes 7 any legally binding obligations or duties upon any person 8 unless such legally binding obligations or duties are required 9 or reasonably implied by any statute, rule, or other legal 10 authority. 11 3. This section shall not apply to a rule adopted pursuant 12 to chapter 17A, a declaratory order issued pursuant to section 13 17A.9, a document or statement required by federal law or a 14 court, or a document or statement issued in the course of a 15 contested case proceeding, an administrative proceeding, or a 16 judicial proceeding to which the department, the state board, 17 or the director is a party. 18 4. Guidance issued by the department, the state board, or 19 the director in violation of subsection 2 shall not be deemed 20 to be legally binding. 21 Sec. 18. EFFECTIVE UPON ENACTMENT. This division of this 22 Act, being deemed of immediate importance, takes effect upon 23 enactment. > 24 ______________________________ COMMITTEE ON EDUCATION ROGERS of Black Hawk, Chairperson -12- SF475.2811 (1) 87 kh/rj 12/ 12