Senate Amendment to House Amendment to Senate File 2310 H-8313 Amend the amendment, S-5135, 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 10, line 15, and 3 inserting: 4 < 1. Page 1, before line 1 by inserting: 5 < DIVISION I 6 ONLINE LEARNING PROGRAM AND COURSEWORK REQUIREMENTS > 7 2. Page 2, line 4, by striking < a. > 8 3. Page 2, by striking lines 20 through 28. 9 4. 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 5. Page 2, line 35, by striking < (1) > and inserting < (a) > 14 6. Page 3, line 4, by striking < (2) > and inserting < (b) > 15 7. Page 3, after line 6 by inserting: 16 < (2) If a school district or accredited nonpublic school 17 meets the requirements of subparagraph (1), subparagraph 18 division (a) or (b), the school district or accredited 19 nonpublic school may exceed the two-subject limitation 20 specified in subparagraph (1), unnumbered paragraph 1, for the 21 purpose of providing world language, personal finance literacy, 22 and computer science coursework online in accordance with 23 paragraph “c” . > 24 8. Page 3, line 8, by striking < 5 > and inserting < 5, 25 paragraphs “a” through “e” and “g” through “j” , > 26 9. Page 3, line 12, by striking < the requirements of 27 subsection 5 > and inserting < such requirements > 28 10. Page 3, line 15, by striking < 5 > and inserting < 5, 29 paragraphs “a” through “e” and “g” through “j” , > 30 11. Page 3, line 20, by striking < (1) or (2) > and inserting 31 < (1), (2), or (3) > 32 12. Page 3, line 27, by striking < either > and inserting 33 < any > 34 13. Page 4, after line 6 by inserting: 35 -1- S5135.4493.S (1) 88 mb 1/ 10 #1.

< (3) An online learning platform offered, subject to the 1 initial availability of federal funds, by the department in 2 collaboration with one or more area education agencies or in 3 partnership with school districts and accredited nonpublic 4 schools. The online learning platform may deliver distance 5 education to students, including students receiving independent 6 private instruction as defined in section 299A.1, subsection 7 2, paragraph “b” , competent private instruction under section 8 299A.2, or private instruction by a nonlicensed person under 9 section 299A.3, provided such students register with the 10 school district of residence and the coursework offered by the 11 online learning platform is taught and supervised by a teacher 12 licensed under chapter 272 who has online learning experience 13 and the course content meets the requirements established by 14 rule pursuant to section 256.7, subsection 32, paragraph “c” . 15 The department and the area education agencies operating online 16 learning programs pursuant to section 273.16 shall coordinate 17 to ensure the most effective use of resources and delivery 18 of services. Federal funds, if available, may be used to 19 offset what would otherwise be costs to school districts for 20 participation in the program. > 21 14. Page 4, by striking line 11 and inserting: 22 < c. Private providers utilized to provide courses by Courses 23 provided by private providers to a school > 24 15. Page 5, after line 25 by inserting: 25 < Sec. ___. Section 279.10, Code 2020, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 3. a. For the school year beginning July 28 1, 2020, and ending June 30, 2021, any instruction provided in 29 accordance with a return-to-learn plan submitted by a school 30 district or accredited nonpublic school to the department of 31 education in response to a proclamation of a public health 32 disaster emergency, issued by the governor pursuant to section 33 29C.6 and related to COVID-19, shall be deemed to meet the 34 requirements of subsection 1, regardless of the nature, 35 -2- S5135.4493.S (1) 88 mb 2/ 10 #14. #15.

location, or medium of instruction if the return-to-learn 1 plan contains the minimum number of days or hours as required 2 by subsection 1. Any return-to-learn plan submitted by a 3 school district or accredited nonpublic school must contain 4 provisions for in-person instruction and provide that in-person 5 instruction is the presumed method of instruction. 6 b. This subsection is repealed on July 1, 2021. > 7 16. 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 DIVISION ___ 28 TEMPORARY FLEXIBILITY FOR CERTAIN EDUCATIONAL INSTRUCTIONAL AND 29 POLICY REQUIREMENTS 30 Sec. ___. OPEN ENROLLMENT —— EXTENSION OF NOTIFICATION 31 DEADLINE FOR THE 2020-2021 SCHOOL YEAR. Notwithstanding 32 section 282.18, subsection 2, paragraph “a”, for the school 33 year commencing July 1, 2020, a parent or guardian shall have 34 until July 15, 2020, to notify to the district of residence and 35 -3- S5135.4493.S (1) 88 mb 3/ 10 #16.

the receiving district, on forms prescribed by the department 1 of education, that the parent or guardian intends to enroll 2 the parent’s or guardian’s child in an online public school 3 in another school district, if the child, another resident of 4 the child’s residence, or a regular caretaker of the child 5 has a significant health condition that increases the risk 6 of COVID-19. The notification shall include the name of the 7 person with the health condition, specify the person’s health 8 condition, include written verification of the health condition 9 from the person’s physician or licensed health care provider 10 and, for persons other than the child, whether the person with 11 the health condition is a resident of the child’s residence 12 or the child’s regular caretaker. Section 282.18, subsection 13 3, shall not apply to a notification submitted in accordance 14 with this section. Notwithstanding section 282.18, subsection 15 2, paragraph “b”, the superintendent of the receiving school 16 district is authorized to approve a notification received 17 under this section. Within fourteen days of receipt of such 18 notification, the superintendent shall notify the parent or 19 guardian and the school district of residence that the request 20 has been approved or denied. If the notification has been 21 denied or if further review is required, the superintendent 22 shall provide the parent or guardian with an explanation of 23 the approval process and expected timeline for the review. A 24 decision to deny a request submitted under this section is 25 subject to appeal under section 290.1. The state board shall 26 exercise broad discretion to achieve just and equitable results 27 that are in the best interest of the affected child. This 28 section is not intended to extend the provisions of section 29 282.18, subsection 2, paragraph “a”, for enrollment in a 30 physical school district. 31 Sec. ___. SCHOOL DISTRICT DUTIES RELATING TO COMPETENT 32 PRIVATE INSTRUCTION FOR THE 2020-2021 SCHOOL YEAR. For 33 the school year beginning July 1, 2020, and ending June 30, 34 2021, upon request of a parent, guardian, or legal or actual 35 -4- S5135.4493.S (1) 88 mb 4/ 10

custodian, each school district shall provide to children 1 receiving competent private instruction available texts or 2 supplementary materials on the same basis as they are provided 3 to regularly enrolled students when a child is under dual 4 enrollment or in a home school assistance program. This 5 section shall only apply to children who are enrolled in their 6 school district’s home school assistance program by the child’s 7 parent, guardian, or legal or actual custodian. 8 Sec. ___. SCHOOL DISTRICT CLOSURES DURING THE 2020-2021 9 SCHOOL YEAR. For the school year beginning July 1, 2020, and 10 ending June 30, 2021, if the governor proclaims a public health 11 disaster pursuant to section 29C.6, the board of directors of a 12 school district may authorize closure of the school district 13 or any school district attendance center due to an outbreak 14 of COVID-19 in the school district or any school district 15 attendance center. School districts are encouraged to follow 16 guidelines issued by the centers for disease control and 17 prevention of the United States department of health and human 18 services and the Iowa department of public health, and may 19 consult with the local board of health when determining social 20 distancing measures or authorizing a school closure. 21 Sec. ___. INSTRUCTIONAL TIME PROVISIONS FOR SCHOOL 22 DISTRICTS AND ACCREDITED NONPUBLIC SCHOOLS FOR THE 2020-2021 23 SCHOOL YEAR. 24 1. Notwithstanding any other provision of law to the 25 contrary, the instructional time requirements of section 26 279.10, subsection 1, and the minimum school day requirements 27 of section 256.7, subsection 19, shall not be waived any 28 time during the school year beginning July 1, 2020, and 29 ending June 30, 2021, for school closure due to the COVID-19 30 pandemic unless the school district or the authorities in 31 charge of the accredited nonpublic school, as appropriate, 32 provide compulsory remote learning, including online learning, 33 electronic learning, distance learning, or virtual learning. 34 Unless explicitly authorized in a proclamation of a public 35 -5- S5135.4493.S (1) 88 mb 5/ 10

health disaster emergency issued by the governor pursuant to 1 section 29C.6 and related to COVID-19, a brick-and-mortar 2 school district or accredited nonpublic school shall not take 3 action to provide instruction primarily through remote-learning 4 opportunities. 5 2. If the board of directors of a school district or 6 the authorities in charge of an accredited nonpublic school 7 determines any time during the school year beginning July 1, 8 2020, and ending June 30, 2021, that a remote-learning period 9 is necessary, the school board or the authorities in charge of 10 an accredited nonpublic school, as appropriate, shall ensure 11 that teachers and other necessary school staff are available 12 during the remote-learning period to support students, to 13 participate in professional development opportunities, and 14 to perform other job-related functions during the regular, 15 required contract hours, even if the accessibility to or by the 16 teachers and other necessary school staff is offered remotely. 17 Sec. ___. TRUANCY REQUIREMENTS FOR THE 2020-2021 SCHOOL 18 YEAR. In addition to the provisions of chapter 299, a 19 child who is enrolled in a school district or accredited 20 nonpublic school but who does not participate in compulsory 21 remote-learning opportunities, including online learning, 22 electronic learning, distance learning, or virtual learning, 23 offered by the school district or accredited nonpublic school 24 of enrollment during a period of school closure implemented 25 any time during the school year beginning July 1, 2020, and 26 ending June 30, 2021, due to the COVID-19 pandemic shall be 27 considered truant. This section is not applicable to a child 28 who was receiving competent private instruction or independent 29 private instruction in accordance with the requirements of 30 chapter 299A prior to July 1, 2019. Any child who was enrolled 31 in a public school or accredited nonpublic school prior to July 32 1, 2019, may be subject to the provisions of chapter 299 if 33 the child’s parent, guardian, or legal custodian did not, for 34 the school year beginning July 1, 2020, complete and send the 35 -6- S5135.4493.S (1) 88 mb 6/ 10

report required under section 299.4 to the school district of 1 residence of the child in a timely manner. 2 Sec. ___. TEACHER ENDORSEMENT WAIVER FOR THE 2020-2021 3 SCHOOL YEAR. For the school year beginning July 1, 2020, and 4 ending June 30, 2021, notwithstanding any provision to the 5 contrary, if a school district or accredited nonpublic school 6 has made every reasonable and good-faith effort to employ a 7 teacher licensed under chapter 272 who holds an endorsement for 8 a specified grade level or subject area and is unable to employ 9 a teacher with the appropriate endorsement, and the school 10 district or accredited nonpublic school is also unable to 11 develop, or use a private provider to provide, an online course 12 that meets the requirements of chapter 256, the director of 13 the department of education may waive the teacher-endorsement 14 requirements for the specified grade level or subject area for 15 the school district or accredited nonpublic school, and the 16 provisions of section 256.9, subsection 48, and section 272.15, 17 subsection 4, shall not apply. 18 Sec. ___. MISCELLANEOUS POLICY PROVISIONS FOR SCHOOLS 19 FOR THE 2020-2021 SCHOOL YEAR. The following provisions are 20 applicable for the school year beginning July 1, 2020, and 21 ending June 30, 2021: 22 1. SOCIAL DISTANCING. In implementing social distancing 23 policies included in a return-to-learn plan, the board of 24 directors of each school district and the authorities in charge 25 of each accredited nonpublic school shall, to the extent 26 possible, provide in-person instruction for core academic 27 subjects. 28 2. STATEWIDE ASSESSMENTS. The provisions of section 256.7, 29 subsection 21, paragraph “b”, relating to the administration 30 of statewide summative assessment of student progress, and the 31 assessments administered in accordance with sections 279.60 32 and 279.68, shall not be waived, and such assessments shall be 33 administered to students as required by those sections. 34 3. CPR CERTIFICATION —— EXCEPTION FOR GRADUATION. If a 35 -7- S5135.4493.S (1) 88 mb 7/ 10

school district or accredited nonpublic school closes on the 1 advice of a local board of health, the department of public 2 health, or because the governor proclaims a public health 3 disaster pursuant to section 29C.6, a student who meets the 4 graduation requirements of section 256.7, subsection 26, 5 paragraph “a”, the requirements of section 280.9A, and the 6 school district’s or accredited nonpublic school’s graduation 7 requirements may graduate without meeting the cardiopulmonary 8 resuscitation certification requirements of section 256.11, 9 section 6, paragraph “c”. 10 4. NOTIFICATION OF SIGNIFICANT HEALTH CONDITION —— 11 COMPULSORY REMOTE LEARNING. If a parent or guardian of a 12 student enrolled in a school district or accredited nonpublic 13 school notifies the school district or accredited nonpublic 14 school in writing that the student, another resident of the 15 student’s residence, or a regular caretaker of the student 16 has a significant health condition that increases the risk of 17 COVID-19, the school district or accredited nonpublic school 18 shall make reasonable accommodations for the student, on a 19 case-by-case basis, to attend school through remote learning. 20 The provision of special education and accommodations for 21 students who have individualized education programs or 22 section 504 plans in compliance with the requirements of 23 section 504 of the Rehabilitation Act, 29 U.S.C. §794, and 24 with Tit. II of the Americans with Disabilities Act, 42 25 U.S.C. §12131 – 12165, will be determined by each respective 26 individualized education program team or section 504 team. 27 The notification shall include the name of the person with 28 the health condition, specify the person’s health condition, 29 include written verification of the health condition from the 30 person’s physician or licensed health care provider and, for 31 persons other than the student, whether the person with the 32 health condition is a resident of the student’s residence 33 or the student’s regular caretaker. A school district or 34 an accredited nonpublic school may collaborate with an area 35 -8- S5135.4493.S (1) 88 mb 8/ 10

education agency or another school district or accredited 1 nonpublic school to provide remote learning opportunities to a 2 student who meets the requirements of this section. 3 5. Notwithstanding section 256.7, subsection 32; section 4 256.9, subsection 55; section 256.43; or any other provision 5 to the contrary, a school district or accredited nonpublic 6 school may provide instruction primarily through continuous 7 remote-learning opportunities if such instruction is provided 8 in accordance with a return-to-learn plan submitted by 9 the school district or accredited nonpublic school to the 10 department of education in response to a proclamation of a 11 public health disaster emergency explicitly addressing school 12 closures, issued by the governor pursuant to section 29C.6 and 13 related to COVID-19, without regard to whether the accredited 14 nonpublic school or school district is approved to provide 15 instruction primarily through continuous remote-learning 16 opportunities. Instruction provided pursuant to this section 17 shall be provided by teachers licensed pursuant to chapter 272 18 and shall assure and maintain evidence of alignment of the 19 courses with the Iowa core and core content requirements and 20 standards. 21 DIVISION ___ 22 SCHOOL DISTRICT IMPACT REPORT 23 Sec. ___. SCHOOL DISTRICT COVID-19 IMPACT REPORT FOR BUDGET 24 YEAR 2019-2020. Each school district shall submit a report 25 to the department of education, in a format and by a date 26 as determined by the department, detailing any reduction in 27 expenditures to the school district resulting from the closure 28 of schools due to the COVID-19 pandemic during the school 29 budget year beginning July 1, 2019, and ending June 30, 2020, 30 including but not limited to reductions in expenditures for 31 transportation, the number of contract employees which include 32 certified and classified employees laid off by the school 33 district and the number of non-contract employees laid off 34 by the school district, both listed by staff position, and 35 -9- S5135.4493.S (1) 88 mb 9/ 10

spring or summer programs canceled or otherwise impacted. The 1 department shall prepare and, by November 15, 2020, submit to 2 the general assembly, a report that details for each school 3 district the total net impact of the COVID-19 pandemic on each 4 school district’s budget. 5 DIVISION ___ 6 EFFECTIVE DATES AND APPLICABILITY 7 Sec. ___. EFFECTIVE UPON ENACTMENT. Unless otherwise 8 provided, this Act, if approved by the governor on or after 9 July 1, 2020, takes effect upon enactment. 10 Sec. ___. RETROACTIVE APPLICABILITY. Unless otherwise 11 provided, this Act, if approved by the governor on or after 12 July 1, 2020, applies retroactively to July 1, 2020. > 13 17. Title page, by striking lines 1 through 4 and inserting 14 < An Act relating to educational instructional requirements 15 and funding flexibility and including effective date and 16 retroactive applicability provisions. > 17 18. By renumbering as necessary. > 18 -10- S5135.4493.S (1) 88 mb 10/ 10 #17.