House Amendment to Senate File 475 S-5182 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- SF475.4903 (3) 87 md 1/ 14 #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- SF475.4903 (3) 87 md 2/ 14
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- SF475.4903 (3) 87 md 3/ 14
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- SF475.4903 (3) 87 md 4/ 14
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- SF475.4903 (3) 87 md 5/ 14
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- SF475.4903 (3) 87 md 6/ 14
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. However, if a student’s 25 participation in open enrollment to receive educational 26 instruction and course content delivered primarily over the 27 internet results in the termination of enrollment in the 28 receiving district, the receiving district shall, within thirty 29 days of the termination, notify the district of residence of 30 the termination and the date of the termination. 31 Sec. 11. Section 256.43, Code 2018, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 5. Prohibited activities. A rebate for 34 tuition or fees paid or any other dividend or bonus moneys for 35 -7- SF475.4903 (3) 87 md 7/ 14
enrollment of a child shall not be offered or provided directly 1 or indirectly by a school district, school, or private provider 2 to the parent or guardian of a pupil who enrolls in a school 3 district or school to receive educational instruction and 4 course content delivered primarily over the internet. 5 DIVISION II 6 CONCURRENT ENROLLMENT —— CAREER AND TECHNICAL EXCEPTION TO 7 LIMITATION 8 Sec. 12. Section 257.11, subsection 3, Code 2018, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . c. Notwithstanding paragraph “b” , 11 subparagraph (1), a school district that otherwise meets the 12 requirements of this subsection may enter into a sharing 13 agreement with a community college under which the community 14 college may offer, or provide a community college-employed 15 instructor to teach, one or more classes in only one of the 16 six career and technical education service areas specified in 17 section 256.11, subsection 5, paragraph “h” , and the pupils 18 enrolled in such a class shall be assigned additional weighting 19 in accordance with this subsection if the number of pupils 20 enrolled in such a class exceeds five and the school district’s 21 total enrollment does not exceed six hundred pupils. 22 Sec. 13. Section 261E.3, subsection 3, paragraph g, Code 23 2018, is amended to read as follows: 24 g. The school district shall certify annually to the 25 department that the course provided to a high school student 26 for postsecondary credit in accordance with this chapter does 27 not supplant a course provided by the school district in which 28 the student is enrolled , except as provided under section 29 257.11, subsection 3, paragraph “c” . 30 DIVISION III 31 STUDENT HEALTH WORKING GROUP 32 Sec. 14. STUDENT HEALTH WORKING GROUP. 33 1. The department of public health and the department 34 of education shall convene a student health working group to 35 -8- SF475.4903 (3) 87 md 8/ 14
review state-initiated student health requirements, including 1 but not limited to requirements relating to dental and vision 2 health screenings under sections 135.17 and 135.39D, blood 3 lead testing under section 135.105D, and immunizations under 4 section 139A.8, and other related requirements imposed on 5 public schools. The working group shall study measures 6 for implementing such student health screening requirements 7 while reducing the administrative burden such requirements 8 impose on public schools. The working group shall develop a 9 uniform enforcement framework that includes a single method 10 for enforcement of the current student health requirements and 11 related data collection. 12 2. Voting members of the working group shall include persons 13 deemed appropriate by the department of public health as well 14 as one representative of each of the following, appointed by 15 the respective entity: 16 a. The department of education. 17 b. The department of public health. 18 c. The area education agencies. 19 d. The Iowa academy of family physicians. 20 3. a. The working group shall elect a chairperson and vice 21 chairperson from the voting members appointed. 22 b. A majority of the voting members of the working group 23 shall constitute a quorum. 24 4. The department of public health and the department of 25 education shall work cooperatively to provide staffing and 26 administrative support to the working group. 27 5. The working group shall submit its uniform enforcement 28 framework, findings, and recommendations to the general 29 assembly not later than December 31, 2018. 30 DIVISION IV 31 OPEN ENROLLMENT —— EXTRACURRICULAR ACTIVITY FEE 32 Sec. 15. Section 282.18, subsection 7, Code 2018, is amended 33 to read as follows: 34 7. a. A pupil participating in open enrollment shall be 35 -9- SF475.4903 (3) 87 md 9/ 14
counted, for state school foundation aid purposes, in the 1 pupil’s district of residence. A pupil’s residence, for 2 purposes of this section , means a residence under section 3 282.1 . 4 b. (1) The board of directors of the district of residence 5 shall pay to the receiving district the sum of the state cost 6 per pupil for the previous school year plus either the teacher 7 leadership supplement state cost per pupil for the previous 8 fiscal year as provided in section 257.9 or the teacher 9 leadership supplement foundation aid for the previous fiscal 10 year as provided in section 284.13, subsection 1 , paragraph “d” , 11 if both the district of residence and the receiving district 12 are receiving such supplements, plus any moneys received for 13 the pupil as a result of the non-English speaking weighting 14 under section 280.4, subsection 3 , for the previous school 15 year multiplied by the state cost per pupil for the previous 16 year. If the pupil participating in open enrollment is also 17 an eligible pupil under section 261E.6 , the receiving district 18 shall pay the tuition reimbursement amount to an eligible 19 postsecondary institution as provided in section 261E.7 . 20 (2) If a pupil participates in cocurricular or 21 extracurricular activities in accordance with subsection 22 11A, the district of residence may deduct up to two hundred 23 dollars per activity, for up to two activities, from the amount 24 calculated in subparagraph (1). For a cocurricular activity, 25 one semester shall equal one activity. Extracurricular 26 activities for which such a resident district may charge up 27 to two hundred dollars per activity for up to two activities 28 under this subparagraph include interscholastic athletics, 29 music, drama, and any other activity with a general fund 30 expenditure exceeding five thousand dollars annually. A pupil 31 may participate in additional extracurricular activities at the 32 discretion of the resident district. The school district of 33 residence may charge the pupil a fee for participation in such 34 cocurricular or extracurricular activities equivalent to the 35 -10- SF475.4903 (3) 87 md 10/ 14
fee charged to and paid in the same manner by other resident 1 pupils. 2 Sec. 16. Section 282.18, Code 2018, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 11A. A pupil participating in open 5 enrollment for purposes of receiving educational instruction 6 and course content primarily over the internet in accordance 7 with section 256.7, subsection 32, may participate in any 8 cocurricular or extracurricular activities offered to children 9 in the pupil’s grade or group and sponsored by the district 10 of residence under the same conditions and requirements 11 as the pupils enrolled in the district of residence. The 12 pupil may participate in not more than two cocurricular or 13 extracurricular activities during a school year unless the 14 resident district approves the student’s participation in 15 additional activities. The student shall comply with the 16 eligibility, conduct, and other requirements relating to the 17 activity that are established by the district of residence for 18 any student who applies to participate or who is participating 19 in the activity. 20 DIVISION V 21 DEPARTMENT OF EDUCATION —— BILITERACY SEAL 22 Sec. 17. Section 256.9, Code 2018, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 60. Develop and administer a seal of 25 biliteracy program to recognize students graduating from 26 high school who have demonstrated proficiency in two or more 27 world languages, one of which may be American sign language, 28 though one of which must be English. Participation in the 29 program by a school district, attendance center, or accredited 30 nonpublic school shall be voluntary. The department shall work 31 with stakeholders to identify standardized tests that may be 32 utilized to demonstrate proficiency. The department shall 33 produce a seal of biliteracy, which may include but need not 34 be limited to a sticker that may be affixed to a student’s 35 -11- SF475.4903 (3) 87 md 11/ 14
high school transcript or a certificate that may be awarded to 1 the student. A participating school district or school shall 2 notify the department of the names of the students who have 3 qualified for the seal and the department shall provide the 4 school district or school with the appropriate number of seals 5 or other authorized endorsement. The department may charge a 6 nominal fee to cover printing and postage charges related to 7 issuance of the biliteracy seal under this subsection. 8 DIVISION VI 9 LIMITATION ON DEPARTMENT OF EDUCATION GUIDANCE 10 Sec. 18. NEW SECTION . 256.9A Limitation on guidance and 11 interpretations. 12 1. For the purposes of this section, “guidance” means a 13 document or statement issued by the department, the state 14 board, or the director that purports to interpret a law, a 15 rule, or other legal authority and is designed to provide 16 advice or direction to a person regarding the implementation 17 of or compliance with the law, the rule, or the other legal 18 authority being interpreted. 19 2. The department, the state board, or the director shall 20 not issue guidance inconsistent with any statute, rule, or 21 other legal authority and shall not issue guidance that imposes 22 any legally binding obligations or duties upon any person 23 unless such legally binding obligations or duties are required 24 or reasonably implied by any statute, rule, or other legal 25 authority. 26 3. This section shall not apply to a rule adopted pursuant 27 to chapter 17A, a declaratory order issued pursuant to section 28 17A.9, a document or statement required by federal law or a 29 court, or a document or statement issued in the course of a 30 contested case proceeding, an administrative proceeding, or a 31 judicial proceeding to which the department, the state board, 32 or the director is a party. 33 4. Guidance issued by the department, the state board, or 34 the director in violation of subsection 2 shall not be deemed 35 -12- SF475.4903 (3) 87 md 12/ 14
to be legally binding. 1 Sec. 19. EFFECTIVE UPON ENACTMENT. This division of this 2 Act, being deemed of immediate importance, takes effect upon 3 enactment. 4 DIVISION VII 5 FINANCIAL LITERACY 6 Sec. 20. Section 256.11, subsection 5, Code 2018, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . k. One-half unit of personal finance 9 literacy. All students shall complete at least one-half unit 10 of personal finance literacy as a condition of graduation. The 11 curriculum shall, at a minimum, address the following: 12 (1) Savings, including emergency fund, purchases, and 13 wealth building. 14 (2) Understanding investments, including compound and 15 simple interest, liquidity, diversification, risk return 16 ratio, certificates of deposit, money market accounts, single 17 stocks, bonds, mutual funds, rental real estate, annuities, 18 commodities, and futures. 19 (3) Wealth building and college planning, including 20 long-term and short-term investing using tax-favored plans, 21 individual retirement accounts and payments from such accounts, 22 employer-sponsored retirement plans and investments, public and 23 private educational savings accounts, and uniform gifts and 24 transfers to minors. 25 (4) Credit and debt, including credit cards, payday 26 lending, rent-to-own transactions, debt consolidation, 27 automobile leasing, cosigning a loan, debt avoidance, and the 28 marketing of debt, especially to young people. 29 (5) Consumer awareness of the power of marketing on buying 30 decisions including zero percent interest offers; marketing 31 methods, including product positioning, advertising, brand 32 recognition, and personal selling; how to read a credit report 33 and correct inaccuracies; how to build a credit score; how to 34 develop a plan to deal with creditors and avoid bankruptcy; and 35 -13- SF475.4903 (3) 87 md 13/ 14
the federal Fair Debt Collection Practices Act. 1 (6) Financial responsibility and money management, 2 including creating and living on a written budget and balancing 3 a checkbook; basic rules of successful negotiating and 4 techniques; and personality or other traits regarding money. 5 (7) Insurance, risk management, income, and career 6 decisions, including career choices that fit personality styles 7 and occupational goals, job search strategies, cover letters, 8 resumes, interview techniques, payroll taxes and other income 9 withholdings, and revenue sources for federal, state, and local 10 governments. 11 (8) Different types of insurance coverage including 12 renters, homeowners, automobile, health, disability, long-term 13 care, identity theft, and life insurance; term life, cash 14 value and whole life insurance; and insurance terms such 15 as deductible, stop loss, elimination period, replacement 16 coverage, liability, and out-of-pocket. 17 (9) Buying, selling, and renting advantages and 18 disadvantages relating to real estate, including adjustable 19 rate, balloon, conventional, government-backed, reverse, and 20 seller-financed mortgages. 21 Sec. 21. EFFECTIVE DATE. This division of this Act takes 22 effect July 1, 2019. > 23 -14- SF475.4903 (3) 87 md 14/ 14