Senate File 2310 H-8247 Amend the amendment, H-8240, to Senate File 2310, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. By striking page 1, line 3, through page 9, line 20, and 3 inserting: 4 < ___. Page 1, before line 1 by inserting: 5 DIVISION I 6 ONLINE LEARNING PROGRAM AND COURSEWORK REQUIREMENTS > 7 ___. Page 2, line 4, by striking < a. > 8 ___. Page 2, by striking lines 20 through 28. 9 ___. Page 2, line 31, by striking < The provisions of 10 subsection 5 > and inserting: 11 < (1) The offer and teach requirements of subsection 5, 12 paragraphs “a” through “e” and “g” through “j” , > 13 ___. Page 2, line 35, by striking < (1) > and inserting < (a) > 14 ___. Page 3, line 4, by striking < (2) > and inserting < (b) > 15 ___. Page 3, after line 6 by inserting: 16 < (2) Notwithstanding subparagraph (1), unnumbered paragraph 17 1, if either subparagraph (1), subparagraph division (a) or 18 (b), apply, a school district or accredited nonpublic school 19 may exceed the limitation specified in subparagraph (1), 20 unnumbered paragraph 1, to provide world language, personal 21 finance literacy, and computer science coursework online 22 in accordance with paragraph “c” and the offer and teach 23 requirements of subsection 5, paragraphs “f” and “k” , and any 24 such requirement as may be established under subsection 5 for 25 computer science, shall not apply. > 26 ___. Page 3, line 7, after < may > by inserting < at the 27 discretion of the department > 28 ___. Page 3, line 8, by striking < 5 > and inserting < 5, 29 paragraphs “a” through “e” and “g” through “j” , > 30 ___. Page 3, line 12, by striking < the requirements of 31 subsection 5 > and inserting < such requirements > 32 ___. Page 3, line 15, by striking < 5 > and inserting < 5, 33 paragraphs “a” through “e” and “g” through “j” , > 34 ___. Page 3, line 20, by striking < (1) or (2) > and inserting 35 -1- H8240.4290 (1) 88 kh/jh 1/ 10 #1.

< (1), (2), or (3) > 1 ___. Page 3, line 27, by striking < either > and inserting 2 < any > 3 ___. Page 4, after line 6 by inserting: 4 < (3) An online learning platform offered, subject to the 5 initial availability of federal funds, by the department in 6 collaboration with one or more area education agencies or in 7 partnership with school districts and accredited nonpublic 8 schools. The online learning platform may deliver distance 9 education to secondary students, including students receiving 10 independent private instruction as defined in section 299A.1, 11 subsection 2, paragraph “b” , competent private instruction 12 under section 299A.2, or private instruction by a nonlicensed 13 person under section 299A.3, provided the coursework offered 14 by the online learning platform is taught and supervised by 15 a teacher licensed under chapter 272 who has online learning 16 experience and the course content meets the requirements 17 established by rule pursuant to section 256.7, subsection 32, 18 paragraph “c” . The department and the area education agencies 19 operating online learning programs pursuant to section 273.16 20 shall coordinate to ensure the most effective use of resources 21 and delivery of services. Federal funds, if available, may 22 be used to offset what would otherwise be costs to school 23 districts for participation in the program. > 24 ___. Page 4, by striking line 11 and inserting: 25 < c. Private providers utilized to provide courses by Courses 26 provided by private providers to a school > 27 ___. Page 5, after line 25 by inserting: 28 < Sec. ___. Section 279.10, Code 2020, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 3. a. For the school year beginning July 31 1, 2020, and ending June 30, 2021, any instruction provided in 32 accordance with a return-to-learn plan submitted by a school 33 district or accredited nonpublic school to the department of 34 education in response to a proclamation of a public health 35 -2- H8240.4290 (1) 88 kh/jh 2/ 10

disaster emergency, issued by the governor pursuant to section 1 29C.6 and related to COVID-19, shall be deemed to meet the 2 requirements of subsection 1, regardless of the nature, 3 location, or medium of instruction if the return-to-learn plan 4 contains the minimum number of days or hours as required by 5 subsection 1. 6 b. This subsection is repealed on July 1, 2021. > 7 ___. Page 5, after line 26 by inserting: 8 < DIVISION ___ 9 TEMPORARY FLEXIBILITY FOR USE OF CERTAIN MONEYS BY SCHOOL 10 DISTRICTS TO PROVIDE ADDITIONAL INSTRUCTIONAL TIME 11 Sec. ___. PROFESSIONAL DEVELOPMENT MONEYS AND HOURS 12 REQUIREMENTS FOR ADDITIONAL INSTRUCTIONAL TIME FOR THE 13 2020-2021 SCHOOL YEAR. Notwithstanding section 257.10, 14 subsection 10, and the professional development requirements 15 of chapter 284, for the school year beginning July 1, 2020, 16 and ending June 30, 2021, the moneys calculated and paid to 17 the school district for professional development pursuant to 18 section 257.10, subsection 10, or section 257.37A, subsection 19 2, to provide thirty-six hours of professional development 20 opportunities held outside of the minimum school day, may 21 instead be used by a school district to provide instructional 22 time to the school calendar in addition to the amount of 23 instructional time required under section 279.10, subsection 1, 24 and the thirty-six-hour professional development requirement 25 of chapter 284 shall be reduced by such number of hours of 26 additional instructional time. 27 Sec. ___. DISTRICT MANAGEMENT LEVY FUND —— PERMISSIBLE USES 28 BUDGET YEAR 2020-2021. 29 1. For the school budget year beginning July 1, 2020, and 30 ending June 30, 2021, unencumbered moneys remaining in the 31 district management levy fund under section 298A.3 at the 32 end of the budget year beginning July 1, 2019, and ending 33 June 30, 2020, and the taxes certified for levy before the 34 effective date of this Act under section 298.4 and deposited in 35 -3- H8240.4290 (1) 88 kh/jh 3/ 10

the district management levy fund for the school budget year 1 beginning July 1, 2020, and ending June 30, 2021, in addition 2 to the purposes authorized under section 298.4, may be expended 3 by a school district to provide additional instructional time 4 to the school calendar in excess of the amount of instructional 5 time required under section 279.10, subsection 1, during the 6 school year beginning July 1, 2020, and ending June 30, 2021. 7 2. The board of directors of a school district, 8 notwithstanding the budget amendment requirements of chapters 9 24 and 257, may authorize the expenditure of specified district 10 management levy funds for purposes specified in subsection 1 11 by resolution of the board specifying the amount to be used 12 and the purposes from which the funds will be reallocated, if 13 the resolution of the board is approved and filed with the 14 department of education on or before June 30, 2021. 15 DIVISION ___ 16 TEMPORARY FLEXIBILITY FOR CERTAIN EDUCATIONAL INSTRUCTIONAL AND 17 POLICY REQUIREMENTS 18 Sec. ___. OPEN ENROLLMENT —— EXTENSION OF NOTIFICATION 19 DEADLINE FOR THE 2020-2021 SCHOOL YEAR. Notwithstanding 20 section 282.18, subsection 2, paragraph “a”, for the school 21 year commencing July 1, 2020, a parent or guardian shall have 22 until July 15, 2020, to notify to the district of residence and 23 the receiving district, on forms prescribed by the department 24 of education, that the parent or guardian intends to enroll 25 the parent’s or guardian’s child in an online public school 26 in another school district, if the child, another resident of 27 the child’s residence, or a regular caretaker of the child 28 has a significant health condition that increases the risk 29 of COVID-19. The notification shall include the name of the 30 person with the health condition, specify the person’s health 31 condition, include written verification of the health condition 32 from the person’s physician or licensed health care provider 33 and, for persons other than the child, whether the person with 34 the health condition is a resident of the child’s residence 35 -4- H8240.4290 (1) 88 kh/jh 4/ 10

or the child’s regular caretaker. Section 282.18, subsection 1 3, shall not apply to a notification submitted in accordance 2 with this section. Notwithstanding section 282.18, subsection 3 2, paragraph “b”, the superintendent of the receiving school 4 district is authorized to approve a notification received 5 under this section. Within fourteen days of receipt of such 6 notification, the superintendent shall notify the parent or 7 guardian and the school district of residence that the request 8 has been approved or denied. If the notification has been 9 denied or if further review is required, the superintendent 10 shall provide the parent or guardian with an explanation of 11 the approval process and expected timeline for the review. A 12 decision to deny a request submitted under this section is 13 subject to appeal under section 290.1. The state board shall 14 exercise broad discretion to achieve just and equitable results 15 that are in the best interest of the affected child. This 16 section is not intended to extend the provisions of section 17 282.18, subsection 2, paragraph “a”, for enrollment in a 18 physical school district. 19 Sec. ___. SCHOOL DISTRICT DUTIES RELATING TO PRIVATE 20 INSTRUCTION AND AN ONLINE LEARNING PROGRAM FOR THE 2020-2021 21 SCHOOL YEAR. 22 For the school year commencing July 1, 2020, all of the 23 following shall apply: 24 1. Each school district shall provide to children receiving 25 competent private instruction available texts or supplementary 26 materials on the same basis as they are provided to enrolled 27 students and shall provide available texts or supplemental 28 instructional materials on the same basis as they are provided 29 to enrolled students when a child is under dual enrollment or 30 in a home school assistance program. 31 2. Each school district shall offer an assistance program 32 for parents, guardians, or legal or actual custodians providing 33 competent private instruction to a child of compulsory 34 attendance age. 35 -5- H8240.4290 (1) 88 kh/jh 5/ 10

Sec. ___. SCHOOL DISTRICT CLOSURES DURING THE 2020-2021 1 SCHOOL YEAR. For the school year beginning July 1, 2020, and 2 ending June 30, 2021, if the governor proclaims a public health 3 disaster pursuant to section 29C.6, the board of directors of a 4 school district may authorize closure of the school district 5 or any school district attendance center due to an outbreak 6 of COVID-19 in the school district or any school district 7 attendance center. School districts are encouraged to follow 8 guidelines issued by the centers for disease control and 9 prevention of the United States department of health and human 10 services and may consult with the local board of health when 11 determining social distancing measures or authorizing a school 12 closure. 13 Sec. ___. INSTRUCTIONAL TIME PROVISIONS FOR SCHOOL 14 DISTRICTS AND ACCREDITED NONPUBLIC SCHOOLS FOR THE 2020-2021 15 SCHOOL YEAR. 16 1. Notwithstanding any other provision of law to the 17 contrary, the instructional time requirements of section 18 279.10, subsection 1, and the minimum school day requirements 19 of section 256.7, subsection 19, shall not be waived any time 20 during the school year beginning July 1, 2020, and ending June 21 30, 2021, for school closure due to the COVID-19 pandemic 22 unless the school district or the authorities in charge of the 23 accredited nonpublic school, as appropriate, provide compulsory 24 remote learning, including online learning, electronic 25 learning, distance learning, or virtual learning. 26 2. If the board of directors of a school district or 27 the authorities in charge of an accredited nonpublic school 28 determines any time during the school year beginning July 29 1, 2020, and ending June 30, 2021, that a remote-learning 30 period is necessary, the school board or the authorities, as 31 appropriate, shall ensure that teachers and other necessary 32 school staff are available during the remote-learning period to 33 support students, to participate in professional development 34 opportunities, and to perform other job-related functions 35 -6- H8240.4290 (1) 88 kh/jh 6/ 10

during the regular, required contract hours, even if the 1 accessibility to or by the teachers and other necessary school 2 staff is offered remotely through electronic means. 3 Sec. ___. TRUANCY REQUIREMENTS FOR THE 2020-2021 SCHOOL 4 YEAR. In addition to the provisions of chapter 299, a 5 child who is enrolled in a school district or accredited 6 nonpublic school but who does not participate in compulsory 7 remote-learning opportunities, including online learning, 8 electronic learning, distance learning, or virtual learning, 9 offered by the school district or accredited nonpublic school 10 of enrollment during a period of school closure implemented any 11 time during the school year beginning July 1, 2020, and ending 12 June 30, 2021, due to the COVID-19 pandemic shall be considered 13 truant. This section is not applicable to a child who was 14 receiving competent private instruction or independent private 15 instruction in accordance with the requirements of chapter 16 299A, whose parent, guardian, or legal custodian notified the 17 school district prior to July 1, 2019. Any child who was 18 enrolled in a public school or accredited nonpublic school 19 prior to July 1, 2019, may be subject to the provisions of 20 chapter 299 if the child’s parent, guardian, or legal custodian 21 did not, for the school year beginning July 1, 2020, complete 22 and send the report required under section 299.4 to the school 23 district of residence of the child in a timely manner. 24 Sec. ___. TEACHER ENDORSEMENT WAIVER FOR THE 2020-2021 25 SCHOOL YEAR. For the school year beginning July 1, 2020, and 26 ending June 30, 2021, notwithstanding any provision to the 27 contrary, if a school district or accredited nonpublic school 28 has made every reasonable and good-faith effort to employ a 29 teacher licensed under chapter 272 who holds an endorsement for 30 a specified grade level or subject area and is unable to employ 31 a teacher with the appropriate endorsement, and the school 32 district or accredited nonpublic school is also unable to 33 develop, or use a private provider to provide, an online course 34 that meets the requirements of chapter 256, the director of 35 -7- H8240.4290 (1) 88 kh/jh 7/ 10

the department of education may waive the teacher-endorsement 1 requirements for the specified grade level or subject area for 2 the school district or accredited nonpublic school, and the 3 provisions of section 256.9, subsection 48, and section 272.15, 4 subsection 4, shall not apply. 5 Sec. ___. MISCELLANEOUS POLICY PROVISIONS FOR SCHOOLS 6 FOR THE 2020-2021 SCHOOL YEAR. The following provisions are 7 applicable for the school year beginning July 1, 2020, and 8 ending June 30, 2021: 9 1. SOCIAL DISTANCING. In implementing social distancing 10 policies, the board of directors of each school district and 11 the authorities in charge of each accredited nonpublic school 12 shall prioritize core academic subjects. 13 2. STATEWIDE ASSESSMENTS. The provisions of section 256.7, 14 subsection 21, paragraph “b”, relating to the administration 15 of statewide summative assessment of student progress, and the 16 assessments administered in accordance with sections 279.60 17 and 279.68, shall not be waived, and such assessments shall be 18 administered to students as required by those sections. 19 3. CPR CERTIFICATION —— EXCEPTION FOR GRADUATION. If a 20 school district or accredited nonpublic school closes on the 21 advice of a local board of health, the department of public 22 health, or because the governor proclaims a public health 23 disaster pursuant to section 29C.6, a student who meets the 24 graduation requirements of section 256.7, subsection 26, 25 paragraph “a”, the requirements of section 280.9A, and the 26 school district’s or accredited nonpublic school’s graduation 27 requirements may graduate without meeting the cardiopulmonary 28 resuscitation certification requirements of section 256.11, 29 section 6, paragraph “c”. 30 4. NOTIFICATION OF SIGNIFICANT HEALTH CONDITION —— 31 COMPULSORY REMOTE LEARNING. If a parent or guardian of a 32 student enrolled in a school district or accredited nonpublic 33 school notifies the school district or accredited nonpublic 34 school in writing that the student, another resident of the 35 -8- H8240.4290 (1) 88 kh/jh 8/ 10

student’s residence, or a regular caretaker of the student 1 has a significant health condition that increases the risk of 2 COVID-19, the school district or accredited nonpublic school 3 shall make reasonable accommodations for the student, on a 4 case-by-case basis, to attend school through remote learning. 5 The provision of special education and accommodations for 6 students who have individualized education programs or 7 section 504 plans in compliance with the requirements of 8 section 504 of the Rehabilitation Act, 29 U.S.C. §794, and 9 with Tit. II of the Americans with Disabilities Act, 42 10 U.S.C. §12131 – 12165, will be determined by each respective 11 individualized education program team or section 504 team. 12 The notification shall include the name of the person with 13 the health condition, specify the person’s health condition, 14 include written verification of the health condition from the 15 person’s physician or licensed health care provider and, for 16 persons other than the student, whether the person with the 17 health condition is a resident of the student’s residence 18 or the student’s regular caretaker. A school district or 19 an accredited nonpublic school may collaborate with an area 20 education agency or another school district or accredited 21 nonpublic school to provide remote learning opportunities to a 22 student who meets the requirements of this section. 23 5. Notwithstanding section 256.7, subsection 32; section 24 256.9, subsection 55; section 256.43; or any other provision to 25 the contrary, a school district or accredited nonpublic school 26 may provide instruction primarily over the internet if such 27 instruction is provided in accordance with a return-to-learn 28 plan submitted by the school district or school to the 29 department of education in response to a proclamation of a 30 public health disaster emergency, issued by the governor 31 pursuant to section 29C.6 and related to COVID-19, without 32 regard to whether the school or school district is approved to 33 provide instruction primarily over the internet. Instruction 34 provided pursuant to this section shall be provided by teachers 35 -9- H8240.4290 (1) 88 kh/jh 9/ 10

licensed pursuant to chapter 272 and shall assure and maintain 1 evidence of alignment of the courses with the Iowa core and 2 core content requirements and standards. > 3 ___. Title page, by striking lines 1 through 4 and inserting 4 < An Act relating to educational instructional requirements and 5 funding flexibility. >> 6 2. By renumbering as necessary. 7 ______________________________ MOORE of Cass -10- H8240.4290 (1) 88 kh/jh 10/ 10 #2.