Senate File 2310 H-8240 Amend Senate File 2310, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 1, before line 1 by inserting: 3 < DIVISION I 4 ONLINE LEARNING PROGRAM AND COURSEWORK REQUIREMENTS > 5 2. Page 2, line 4, by striking < a. > 6 3. Page 2, by striking lines 20 through 28. 7 4. Page 3, line 20, by striking < (1) or (2) > and inserting 8 < (1), (2), or (3) > 9 5. Page 3, line 27, by striking < either > and inserting < any > 10 6. Page 4, after line 6 by inserting: 11 < (3) An online learning platform offered, subject to the 12 initial availability of federal funds, by the department in 13 collaboration with one or more area education agencies or in 14 partnership with school districts and accredited nonpublic 15 schools. The online learning platform may deliver distance 16 education to secondary students, including students receiving 17 independent private instruction as defined in section 299A.1, 18 subsection 2, paragraph “b” , competent private instruction 19 under section 299A.2, or private instruction by a nonlicensed 20 person under section 299A.3, provided the coursework offered 21 by the online learning platform is taught and supervised by 22 a teacher licensed under chapter 272 who has online learning 23 experience and the course content meets the requirements 24 established by rule pursuant to section 256.7, subsection 32, 25 paragraph “c” . The department and the area education agencies 26 operating online learning programs pursuant to section 273.16 27 shall coordinate to ensure the most effective use of resources 28 and delivery of services. Federal funds, if available, may 29 be used to offset what would otherwise be costs to school 30 districts for participation in the program. > 31 7. Page 4, by striking line 11 and inserting: 32 < c. Private providers utilized to provide courses by Courses 33 provided by private providers to a school > 34 8. Page 5, after line 25 by inserting: 35 -1- SF2310.4159 (4) 88 kh/jh 1/ 9 #1. #2. #3. #4. #5. #6. #7. #8.

< Sec. ___. Section 279.10, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. a. For the school year beginning July 3 1, 2020, and ending June 30, 2021, any instruction provided in 4 accordance with a return-to-learn plan submitted by a school 5 district or accredited nonpublic school to the department of 6 education in response to a proclamation of a public health 7 disaster emergency, issued by the governor pursuant to section 8 29C.6 and related to COVID-19, shall be deemed to meet the 9 requirements of subsection 1, regardless of the nature, 10 location, or medium of instruction if the return-to-learn plan 11 contains the minimum number of days or hours as required by 12 subsection 1. 13 b. For the school year beginning July 1, 2020, and ending 14 June 30, 2021, a school district or accredited nonpublic 15 school that uses a return-to-learn plan submitted pursuant 16 to paragraph “a” to provide instruction and student support 17 to respond to school closures, including but not limited 18 to closures due to inclement weather, the school district 19 or school, as appropriate, shall be deemed to meet the 20 requirements of subsection 1, regardless of the nature, 21 location, or medium of instruction. 22 c. This subsection is repealed on July 1, 2021. > 23 9. Page 5, after line 26 by inserting: 24 < DIVISION ___ 25 TEMPORARY FLEXIBILITY FOR USE OF CERTAIN MONEYS BY SCHOOL 26 DISTRICTS TO PROVIDE ADDITIONAL INSTRUCTIONAL TIME 27 Sec. ___. PROFESSIONAL DEVELOPMENT MONEYS AND HOURS 28 REQUIREMENTS FOR ADDITIONAL INSTRUCTIONAL TIME FOR THE 29 2020-2021 SCHOOL YEAR. Notwithstanding section 257.10, 30 subsection 10, and the professional development requirements 31 of chapter 284, for the school year beginning July 1, 2020, 32 and ending June 30, 2021, the moneys calculated and paid to 33 the school district for professional development pursuant to 34 section 257.10, subsection 10, or section 257.37A, subsection 35 -2- SF2310.4159 (4) 88 kh/jh 2/ 9 #9.

2, to provide thirty-six hours of professional development 1 opportunities held outside of the minimum school day, may 2 instead be used by a school district to provide instructional 3 time to the school calendar in addition to the amount of 4 instructional time required under section 279.10, subsection 1, 5 and the thirty-six-hour professional development requirement 6 of chapter 284 shall be reduced by such number of hours of 7 additional instructional time. 8 Sec. ___. DISTRICT MANAGEMENT LEVY FUND —— PERMISSIBLE USES 9 BUDGET YEAR 2020-2021. 10 1. For the school budget year beginning July 1, 2020, and 11 ending June 30, 2021, unencumbered moneys remaining in the 12 district management levy fund under section 298A.3 at the 13 end of the budget year beginning July 1, 2019, and ending 14 June 30, 2020, and the taxes certified for levy before the 15 effective date of this Act under section 298.4 and deposited in 16 the district management levy fund for the school budget year 17 beginning July 1, 2020, and ending June 30, 2021, in addition 18 to the purposes authorized under section 298.4, may be expended 19 by a school district to provide additional instructional time 20 to the school calendar in excess of the amount of instructional 21 time required under section 279.10, subsection 1, during the 22 school year beginning July 1, 2020, and ending June 30, 2021. 23 2. The board of directors of a school district, 24 notwithstanding the budget amendment requirements of chapters 25 24 and 257, may authorize the expenditure of specified district 26 management levy funds for purposes specified in subsection 1 27 by resolution of the board specifying the amount to be used 28 and the purposes from which the funds will be reallocated, if 29 the resolution of the board is approved and filed with the 30 department of education on or before June 30, 2021. 31 DIVISION ___ 32 TEMPORARY FLEXIBILITY FOR CERTAIN EDUCATIONAL INSTRUCTIONAL AND 33 POLICY REQUIREMENTS 34 Sec. ___. OPEN ENROLLMENT —— EXTENSION OF NOTIFICATION 35 -3- SF2310.4159 (4) 88 kh/jh 3/ 9

DEADLINE FOR THE 2020-2021 SCHOOL YEAR. Notwithstanding 1 section 282.18, subsection 2, paragraph “a”, for the school 2 year commencing July 1, 2020, a parent or guardian shall have 3 until July 15, 2020, to notify to the district of residence and 4 the receiving district, on forms prescribed by the department 5 of education, that the parent or guardian intends to enroll 6 the parent’s or guardian’s child in an online public school 7 in another school district, if the child, another resident of 8 the child’s residence, or a regular caretaker of the child 9 has a significant health condition that increases the risk 10 of COVID-19. The notification shall include the name of the 11 person with the health condition, specify the person’s health 12 condition, include written verification of the health condition 13 from the person’s physician or licensed health care provider 14 and, for persons other than the child, whether the person with 15 the health condition is a resident of the child’s residence 16 or the child’s regular caretaker. Section 282.18, subsection 17 3, shall not apply to a notification submitted in accordance 18 with this section. Notwithstanding section 282.18, subsection 19 2, paragraph “b”, the superintendent of the receiving school 20 district is authorized to approve a notification received 21 under this section. Within fourteen days of receipt of such 22 notification, the superintendent shall notify the parent or 23 guardian and the school district of residence that the request 24 has been approved or denied. If the notification has been 25 denied or if further review is required, the superintendent 26 shall provide the parent or guardian with an explanation of 27 the approval process and expected timeline for the review. A 28 decision to deny a request submitted under this section is 29 subject to appeal under section 290.1. The state board shall 30 exercise broad discretion to achieve just and equitable results 31 that are in the best interest of the affected child. This 32 section is not intended to extend the provisions of section 33 282.18, subsection 2, paragraph “a”, for enrollment in a 34 physical school district. 35 -4- SF2310.4159 (4) 88 kh/jh 4/ 9

Sec. ___. SCHOOL DISTRICT AND ACCREDITED NONPUBLIC SCHOOL 1 DUTIES RELATING TO PRIVATE INSTRUCTION AND AN ONLINE LEARNING 2 PROGRAM FOR THE 2020-2021 SCHOOL YEAR. 3 1. For the school year commencing July 1, 2020, all of the 4 following shall apply: 5 a. A school district shall provide to children receiving 6 competent private instruction available texts or supplementary 7 materials on the same basis as they are provided to enrolled 8 students and shall provide available texts or supplemental 9 instructional materials on the same basis as they are provided 10 to enrolled students when a child is under dual enrollment or 11 in a home school assistance program. 12 b. A school district or accredited nonpublic school shall 13 offer an assistance program for parents, guardians, or legal 14 or actual custodians providing private instruction to a child 15 of compulsory attendance age. 16 2. The provisions of this section shall only apply to 17 children who are enrolled in a school district’s home school 18 assistance program by the child’s parent, guardian, or legal or 19 actual custodian. 20 Sec. ___. SCHOOL DISTRICT CLOSURES DURING THE 2020-2021 21 SCHOOL YEAR. For the school year beginning July 1, 2020, 22 and ending June 30, 2021, the board of directors of a school 23 district may authorize closure of the school district due to 24 an outbreak of COVID-19. School districts are encouraged to 25 follow guidelines issued by the centers for disease control and 26 prevention of the United States department of health and human 27 services and may consult with the local board of health when 28 determining social distancing measures or authorizing a school 29 closure. 30 Sec. ___. INSTRUCTIONAL TIME PROVISIONS FOR SCHOOL 31 DISTRICTS AND ACCREDITED NONPUBLIC SCHOOLS FOR THE 2020-2021 32 SCHOOL YEAR. 33 1. Notwithstanding any other provision of law to the 34 contrary, the instructional time requirements of section 35 -5- SF2310.4159 (4) 88 kh/jh 5/ 9

279.10, subsection 1, and the minimum school day requirements 1 of section 256.7, subsection 19, shall not be waived any time 2 during the school year beginning July 1, 2020, and ending June 3 30, 2021, for school closure due to the COVID-19 pandemic 4 unless the school district or the authorities in charge of the 5 accredited nonpublic school, as appropriate, provide compulsory 6 remote learning, including online learning, electronic 7 learning, distance learning, or virtual learning. 8 2. If the board of directors of a school district or 9 the authorities in charge of an accredited nonpublic school 10 determines any time during the school year beginning July 11 1, 2020, and ending June 30, 2021, that a remote-learning 12 period is necessary, the school board or the authorities, as 13 appropriate, shall ensure that teachers and other necessary 14 school staff are available during the remote-learning period to 15 support students, to participate in professional development 16 opportunities, and to perform other job-related functions 17 during the regular, required contract hours, even if the 18 accessibility to or by the teachers and other necessary school 19 staff is offered remotely through electronic means. 20 Sec. ___. TRUANCY REQUIREMENTS FOR THE 2020-2021 SCHOOL 21 YEAR. In addition to the provisions of chapter 299, a 22 child who is enrolled in a school district or accredited 23 nonpublic school but who does not participate in compulsory 24 remote-learning opportunities, including online learning, 25 electronic learning, distance learning, or virtual learning, 26 offered by the school district or accredited nonpublic school 27 of enrollment during a period of school closure implemented any 28 time during the school year beginning July 1, 2020, and ending 29 June 30, 2021, due to the COVID-19 pandemic shall be considered 30 truant. This section is not applicable to a child who was 31 receiving competent private instruction or independent private 32 instruction in accordance with the requirements of chapter 33 299A, whose parent, guardian, or legal custodian notified the 34 school district prior to July 1, 2019. Any child who was 35 -6- SF2310.4159 (4) 88 kh/jh 6/ 9

enrolled in a public school or accredited nonpublic school 1 prior to July 1, 2019, may be subject to the provisions of 2 chapter 299 if the child’s parent, guardian, or legal custodian 3 did not, for the school year beginning July 1, 2020, complete 4 and send the report required under section 299.4 to the school 5 district of residence of the child in a timely manner. 6 Sec. ___. TEACHER ENDORSEMENT WAIVER FOR THE 2020-2021 7 SCHOOL YEAR. For the school year beginning July 1, 2020, and 8 ending June 30, 2021, notwithstanding any provision to the 9 contrary, if a school district or accredited nonpublic school 10 has made every reasonable and good-faith effort to employ a 11 teacher licensed under chapter 272 who holds an endorsement for 12 a specified grade level or subject area and is unable to employ 13 a teacher with the appropriate endorsement, and the school 14 district or accredited nonpublic school is also unable to 15 develop, or use a private provider to provide, an online course 16 that meets the requirements of chapter 256, the director of 17 the department of education may waive the teacher-endorsement 18 requirements for the specified grade level or subject area for 19 the school district or accredited nonpublic school, and the 20 provisions of section 256.9, subsection 48, and section 272.15, 21 subsection 4, shall not apply. 22 Sec. ___. MISCELLANEOUS POLICY PROVISIONS FOR SCHOOLS 23 FOR THE 2020-2021 SCHOOL YEAR. The following provisions are 24 applicable for the school year beginning July 1, 2020, and 25 ending June 30, 2021: 26 1. SOCIAL DISTANCING. In implementing social distancing 27 policies, the board of directors of each school district and 28 the authorities in charge of each accredited nonpublic school 29 shall prioritize core academic subjects. 30 2. STATEWIDE ASSESSMENTS. The provisions of section 256.7, 31 subsection 21, paragraph “b”, relating to the administration 32 of statewide summative assessment of student progress, and the 33 assessments administered in accordance with sections 279.60 34 and 279.68, shall not be waived, and such assessments shall be 35 -7- SF2310.4159 (4) 88 kh/jh 7/ 9

administered to students as required by those sections. 1 3. CPR CERTIFICATION —— EXCEPTION FOR GRADUATION. If a 2 school district or accredited nonpublic school closes on the 3 advice of a local board of health, the department of public 4 health, or because the governor proclaims a public health 5 disaster pursuant to section 29C.6, a student who meets the 6 graduation requirements of section 256.7, subsection 26, 7 paragraph “a”, the requirements of section 280.9A, and the 8 school district’s or accredited nonpublic school’s graduation 9 requirements may graduate without meeting the cardiopulmonary 10 resuscitation certification requirements of section 256.11, 11 section 6, paragraph “c”. 12 4. NOTIFICATION OF SIGNIFICANT HEALTH CONDITION —— 13 COMPULSORY REMOTE LEARNING. If a parent or guardian of a 14 student enrolled in a school district or accredited nonpublic 15 school notifies the school district or accredited nonpublic 16 school in writing that the student, another resident of the 17 student’s residence, or a regular caretaker of the student 18 has a significant health condition that increases the risk of 19 COVID-19, the school district or accredited nonpublic school 20 shall make reasonable accommodations for the student, on a 21 case-by-case basis, to attend school through remote learning. 22 The provision of special education and accommodations for 23 students who have individualized education programs or 24 section 504 plans in compliance with the requirements of 25 section 504 of the Rehabilitation Act, 29 U.S.C. §794, and 26 with Tit. II of the Americans with Disabilities Act, 42 27 U.S.C. §12131 – 12165, will be determined by each respective 28 individualized education program team or section 504 team. 29 The notification shall include the name of the person with 30 the health condition, specify the person’s health condition, 31 include written verification of the health condition from the 32 person’s physician or licensed health care provider and, for 33 persons other than the student, whether the person with the 34 health condition is a resident of the student’s residence 35 -8- SF2310.4159 (4) 88 kh/jh 8/ 9

or the student’s regular caretaker. A school district or 1 an accredited nonpublic school may collaborate with an area 2 education agency or another school district or accredited 3 nonpublic school to provide remote learning opportunities to a 4 student who meets the requirements of this section. 5 5. Notwithstanding section 256.7, subsection 32; section 6 256.9, subsection 55; section 256.43; or any other provision to 7 the contrary, a school district or accredited nonpublic school 8 may provide instruction primarily over the internet if such 9 instruction is provided in accordance with a return-to-learn 10 plan submitted by the school district or school to the 11 department of education in response to a proclamation of a 12 public health disaster emergency, issued by the governor 13 pursuant to section 29C.6 and related to COVID-19, without 14 regard to whether the school or school district is approved to 15 provide instruction primarily over the internet. Instruction 16 provided pursuant to this section shall be provided by teachers 17 licensed pursuant to chapter 272 and shall assure and maintain 18 evidence of alignment of the courses with the Iowa core and 19 core content requirements and standards. > 20 10. By renumbering as necessary. 21 ______________________________ MOORE of Cass -9- SF2310.4159 (4) 88 kh/jh 9/ 9 #10.