House Amendment to Senate File 2310 S-5135 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 2, line 31, by striking < The provisions of 8 subsection 5 > and inserting: 9 < (1) The offer and teach requirements of subsection 5, 10 paragraphs “a” through “e” and “g” through “j” , > 11 5. Page 2, line 35, by striking < (1) > and inserting < (a) > 12 6. Page 3, line 4, by striking < (2) > and inserting < (b) > 13 7. Page 3, after line 6 by inserting: 14 < (2) Notwithstanding subparagraph (1), unnumbered paragraph 15 1, if either subparagraph (1), subparagraph division (a) or 16 (b), apply, a school district or accredited nonpublic school 17 may exceed the limitation specified in subparagraph (1), 18 unnumbered paragraph 1, to provide world language, personal 19 finance literacy, and computer science coursework online 20 in accordance with paragraph “c” and the offer and teach 21 requirements of subsection 5, paragraphs “f” and “k” , and any 22 such requirement as may be established under subsection 5 for 23 computer science, shall not apply. > 24 8. Page 3, line 7, after < may > by inserting < at the 25 discretion of the department > 26 9. Page 3, line 8, by striking < 5 > and inserting < 5, 27 paragraphs “a” through “e” and “g” through “j” , > 28 10. Page 3, line 12, by striking < the requirements of 29 subsection 5 > and inserting < such requirements > 30 11. Page 3, line 15, by striking < 5 > and inserting < 5, 31 paragraphs “a” through “e” and “g” through “j” , > 32 12. Page 3, line 20, by striking < (1) or (2) > and inserting 33 < (1), (2), or (3) > 34 13. Page 3, line 27, by striking < either > and inserting 35 -1- SF2310.4339.H (2) 88 md 1/ 10 #1. #2. #3. #4. #5. #6. #7. #8. #9. #10. #11. #12.
< any > 1 14. Page 4, after line 6 by inserting: 2 < (3) An online learning platform offered, subject to the 3 initial availability of federal funds, by the department in 4 collaboration with one or more area education agencies or in 5 partnership with school districts and accredited nonpublic 6 schools. The online learning platform may deliver distance 7 education to secondary students, including students receiving 8 independent private instruction as defined in section 299A.1, 9 subsection 2, paragraph “b” , competent private instruction 10 under section 299A.2, or private instruction by a nonlicensed 11 person under section 299A.3, provided the coursework offered 12 by the online learning platform is taught and supervised by 13 a teacher licensed under chapter 272 who has online learning 14 experience and the course content meets the requirements 15 established by rule pursuant to section 256.7, subsection 32, 16 paragraph “c” . The department and the area education agencies 17 operating online learning programs pursuant to section 273.16 18 shall coordinate to ensure the most effective use of resources 19 and delivery of services. Federal funds, if available, may 20 be used to offset what would otherwise be costs to school 21 districts for participation in the program. > 22 15. Page 4, by striking line 11 and inserting: 23 < c. Private providers utilized to provide courses by Courses 24 provided by private providers to a school > 25 16. Page 5, after line 25 by inserting: 26 < Sec. ___. Section 279.10, Code 2020, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 3. a. For the school year beginning July 29 1, 2020, and ending June 30, 2021, any instruction provided in 30 accordance with a return-to-learn plan submitted by a school 31 district or accredited nonpublic school to the department of 32 education in response to a proclamation of a public health 33 disaster emergency, issued by the governor pursuant to section 34 29C.6 and related to COVID-19, shall be deemed to meet the 35 -2- SF2310.4339.H (2) 88 md 2/ 10 #14. #15. #16.
requirements of subsection 1, regardless of the nature, 1 location, or medium of instruction if the return-to-learn plan 2 contains the minimum number of days or hours as required by 3 subsection 1. 4 b. This subsection is repealed on July 1, 2021. > 5 17. Page 5, after line 26 by inserting: 6 < DIVISION ___ 7 TEMPORARY FLEXIBILITY FOR USE OF CERTAIN MONEYS BY SCHOOL 8 DISTRICTS TO PROVIDE ADDITIONAL INSTRUCTIONAL TIME 9 Sec. ___. PROFESSIONAL DEVELOPMENT MONEYS AND HOURS 10 REQUIREMENTS FOR ADDITIONAL INSTRUCTIONAL TIME FOR THE 11 2020-2021 SCHOOL YEAR. Notwithstanding section 257.10, 12 subsection 10, and the professional development requirements 13 of chapter 284, for the school year beginning July 1, 2020, 14 and ending June 30, 2021, the moneys calculated and paid to 15 the school district for professional development pursuant to 16 section 257.10, subsection 10, or section 257.37A, subsection 17 2, to provide thirty-six hours of professional development 18 opportunities held outside of the minimum school day, may 19 instead be used by a school district to provide instructional 20 time to the school calendar in addition to the amount of 21 instructional time required under section 279.10, subsection 1, 22 and the thirty-six-hour professional development requirement 23 of chapter 284 shall be reduced by such number of hours of 24 additional instructional time. 25 Sec. ___. DISTRICT MANAGEMENT LEVY FUND —— PERMISSIBLE USES 26 BUDGET YEAR 2020-2021. 27 1. For the school budget year beginning July 1, 2020, and 28 ending June 30, 2021, unencumbered moneys remaining in the 29 district management levy fund under section 298A.3 at the 30 end of the budget year beginning July 1, 2019, and ending 31 June 30, 2020, and the taxes certified for levy before the 32 effective date of this Act under section 298.4 and deposited in 33 the district management levy fund for the school budget year 34 beginning July 1, 2020, and ending June 30, 2021, in addition 35 -3- SF2310.4339.H (2) 88 md 3/ 10 #17.
to the purposes authorized under section 298.4, may be expended 1 by a school district to provide additional instructional time 2 to the school calendar in excess of the amount of instructional 3 time required under section 279.10, subsection 1, during the 4 school year beginning July 1, 2020, and ending June 30, 2021. 5 2. The board of directors of a school district, 6 notwithstanding the budget amendment requirements of chapters 7 24 and 257, may authorize the expenditure of specified district 8 management levy funds for purposes specified in subsection 1 9 by resolution of the board specifying the amount to be used 10 and the purposes from which the funds will be reallocated, if 11 the resolution of the board is approved and filed with the 12 department of education on or before June 30, 2021. 13 DIVISION ___ 14 TEMPORARY FLEXIBILITY FOR CERTAIN EDUCATIONAL INSTRUCTIONAL AND 15 POLICY REQUIREMENTS 16 Sec. ___. OPEN ENROLLMENT —— EXTENSION OF NOTIFICATION 17 DEADLINE FOR THE 2020-2021 SCHOOL YEAR. Notwithstanding 18 section 282.18, subsection 2, paragraph “a”, for the school 19 year commencing July 1, 2020, a parent or guardian shall have 20 until July 15, 2020, to notify to the district of residence and 21 the receiving district, on forms prescribed by the department 22 of education, that the parent or guardian intends to enroll 23 the parent’s or guardian’s child in an online public school 24 in another school district, if the child, another resident of 25 the child’s residence, or a regular caretaker of the child 26 has a significant health condition that increases the risk 27 of COVID-19. The notification shall include the name of the 28 person with the health condition, specify the person’s health 29 condition, include written verification of the health condition 30 from the person’s physician or licensed health care provider 31 and, for persons other than the child, whether the person with 32 the health condition is a resident of the child’s residence 33 or the child’s regular caretaker. Section 282.18, subsection 34 3, shall not apply to a notification submitted in accordance 35 -4- SF2310.4339.H (2) 88 md 4/ 10
with this section. Notwithstanding section 282.18, subsection 1 2, paragraph “b”, the superintendent of the receiving school 2 district is authorized to approve a notification received 3 under this section. Within fourteen days of receipt of such 4 notification, the superintendent shall notify the parent or 5 guardian and the school district of residence that the request 6 has been approved or denied. If the notification has been 7 denied or if further review is required, the superintendent 8 shall provide the parent or guardian with an explanation of 9 the approval process and expected timeline for the review. A 10 decision to deny a request submitted under this section is 11 subject to appeal under section 290.1. The state board shall 12 exercise broad discretion to achieve just and equitable results 13 that are in the best interest of the affected child. This 14 section is not intended to extend the provisions of section 15 282.18, subsection 2, paragraph “a”, for enrollment in a 16 physical school district. 17 Sec. ___. SCHOOL DISTRICT DUTIES RELATING TO COMPETENT 18 PRIVATE INSTRUCTION FOR THE 2020-2021 SCHOOL YEAR. For the 19 school year commencing July 1, 2020, each school district shall 20 provide to children receiving competent private instruction 21 available texts or supplementary materials on the same basis 22 as they are provided to enrolled students and shall provide 23 available texts or supplemental instructional materials on the 24 same basis as they are provided to enrolled students when a 25 child is under dual enrollment or in a home school assistance 26 program. 27 Sec. ___. SCHOOL DISTRICT CLOSURES DURING THE 2020-2021 28 SCHOOL YEAR. For the school year beginning July 1, 2020, and 29 ending June 30, 2021, if the governor proclaims a public health 30 disaster pursuant to section 29C.6, the board of directors of a 31 school district may authorize closure of the school district 32 or any school district attendance center due to an outbreak 33 of COVID-19 in the school district or any school district 34 attendance center. School districts are encouraged to follow 35 -5- SF2310.4339.H (2) 88 md 5/ 10
guidelines issued by the centers for disease control and 1 prevention of the United States department of health and human 2 services and may consult with the local board of health when 3 determining social distancing measures or authorizing a school 4 closure. 5 Sec. ___. INSTRUCTIONAL TIME PROVISIONS FOR SCHOOL 6 DISTRICTS AND ACCREDITED NONPUBLIC SCHOOLS FOR THE 2020-2021 7 SCHOOL YEAR. 8 1. Notwithstanding any other provision of law to the 9 contrary, the instructional time requirements of section 10 279.10, subsection 1, and the minimum school day requirements 11 of section 256.7, subsection 19, shall not be waived any time 12 during the school year beginning July 1, 2020, and ending June 13 30, 2021, for school closure due to the COVID-19 pandemic 14 unless the school district or the authorities in charge of the 15 accredited nonpublic school, as appropriate, provide compulsory 16 remote learning, including online learning, electronic 17 learning, distance learning, or virtual learning. 18 2. If the board of directors of a school district or 19 the authorities in charge of an accredited nonpublic school 20 determines any time during the school year beginning July 21 1, 2020, and ending June 30, 2021, that a remote-learning 22 period is necessary, the school board or the authorities, as 23 appropriate, shall ensure that teachers and other necessary 24 school staff are available during the remote-learning period to 25 support students, to participate in professional development 26 opportunities, and to perform other job-related functions 27 during the regular, required contract hours, even if the 28 accessibility to or by the teachers and other necessary school 29 staff is offered remotely through electronic means. 30 Sec. ___. TRUANCY REQUIREMENTS FOR THE 2020-2021 SCHOOL 31 YEAR. In addition to the provisions of chapter 299, a 32 child who is enrolled in a school district or accredited 33 nonpublic school but who does not participate in compulsory 34 remote-learning opportunities, including online learning, 35 -6- SF2310.4339.H (2) 88 md 6/ 10
electronic learning, distance learning, or virtual learning, 1 offered by the school district or accredited nonpublic school 2 of enrollment during a period of school closure implemented any 3 time during the school year beginning July 1, 2020, and ending 4 June 30, 2021, due to the COVID-19 pandemic shall be considered 5 truant. This section is not applicable to a child who was 6 receiving competent private instruction or independent private 7 instruction in accordance with the requirements of chapter 8 299A, whose parent, guardian, or legal custodian notified the 9 school district prior to July 1, 2019. Any child who was 10 enrolled in a public school or accredited nonpublic school 11 prior to July 1, 2019, may be subject to the provisions of 12 chapter 299 if the child’s parent, guardian, or legal custodian 13 did not, for the school year beginning July 1, 2020, complete 14 and send the report required under section 299.4 to the school 15 district of residence of the child in a timely manner. 16 Sec. ___. TEACHER ENDORSEMENT WAIVER FOR THE 2020-2021 17 SCHOOL YEAR. For the school year beginning July 1, 2020, and 18 ending June 30, 2021, notwithstanding any provision to the 19 contrary, if a school district or accredited nonpublic school 20 has made every reasonable and good-faith effort to employ a 21 teacher licensed under chapter 272 who holds an endorsement for 22 a specified grade level or subject area and is unable to employ 23 a teacher with the appropriate endorsement, and the school 24 district or accredited nonpublic school is also unable to 25 develop, or use a private provider to provide, an online course 26 that meets the requirements of chapter 256, the director of 27 the department of education may waive the teacher-endorsement 28 requirements for the specified grade level or subject area for 29 the school district or accredited nonpublic school, and the 30 provisions of section 256.9, subsection 48, and section 272.15, 31 subsection 4, shall not apply. 32 Sec. ___. MISCELLANEOUS POLICY PROVISIONS FOR SCHOOLS 33 FOR THE 2020-2021 SCHOOL YEAR. The following provisions are 34 applicable for the school year beginning July 1, 2020, and 35 -7- SF2310.4339.H (2) 88 md 7/ 10
ending June 30, 2021: 1 1. SOCIAL DISTANCING. In implementing social distancing 2 policies, the board of directors of each school district and 3 the authorities in charge of each accredited nonpublic school 4 shall prioritize core academic subjects. 5 2. STATEWIDE ASSESSMENTS. The provisions of section 256.7, 6 subsection 21, paragraph “b”, relating to the administration 7 of statewide summative assessment of student progress, and the 8 assessments administered in accordance with sections 279.60 9 and 279.68, shall not be waived, and such assessments shall be 10 administered to students as required by those sections. 11 3. CPR CERTIFICATION —— EXCEPTION FOR GRADUATION. If a 12 school district or accredited nonpublic school closes on the 13 advice of a local board of health, the department of public 14 health, or because the governor proclaims a public health 15 disaster pursuant to section 29C.6, a student who meets the 16 graduation requirements of section 256.7, subsection 26, 17 paragraph “a”, the requirements of section 280.9A, and the 18 school district’s or accredited nonpublic school’s graduation 19 requirements may graduate without meeting the cardiopulmonary 20 resuscitation certification requirements of section 256.11, 21 section 6, paragraph “c”. 22 4. NOTIFICATION OF SIGNIFICANT HEALTH CONDITION —— 23 COMPULSORY REMOTE LEARNING. If a parent or guardian of a 24 student enrolled in a school district or accredited nonpublic 25 school notifies the school district or accredited nonpublic 26 school in writing that the student, another resident of the 27 student’s residence, or a regular caretaker of the student 28 has a significant health condition that increases the risk of 29 COVID-19, the school district or accredited nonpublic school 30 shall make reasonable accommodations for the student, on a 31 case-by-case basis, to attend school through remote learning. 32 The provision of special education and accommodations for 33 students who have individualized education programs or 34 section 504 plans in compliance with the requirements of 35 -8- SF2310.4339.H (2) 88 md 8/ 10
section 504 of the Rehabilitation Act, 29 U.S.C. §794, and 1 with Tit. II of the Americans with Disabilities Act, 42 2 U.S.C. §12131 12165, will be determined by each respective 3 individualized education program team or section 504 team. 4 The notification shall include the name of the person with 5 the health condition, specify the person’s health condition, 6 include written verification of the health condition from the 7 person’s physician or licensed health care provider and, for 8 persons other than the student, whether the person with the 9 health condition is a resident of the student’s residence 10 or the student’s regular caretaker. A school district or 11 an accredited nonpublic school may collaborate with an area 12 education agency or another school district or accredited 13 nonpublic school to provide remote learning opportunities to a 14 student who meets the requirements of this section. 15 5. Notwithstanding section 256.7, subsection 32; section 16 256.9, subsection 55; section 256.43; or any other provision to 17 the contrary, a school district or accredited nonpublic school 18 may provide instruction primarily over the internet if such 19 instruction is provided in accordance with a return-to-learn 20 plan submitted by the school district or school to the 21 department of education in response to a proclamation of a 22 public health disaster emergency, issued by the governor 23 pursuant to section 29C.6 and related to COVID-19, without 24 regard to whether the school or school district is approved to 25 provide instruction primarily over the internet. Instruction 26 provided pursuant to this section shall be provided by teachers 27 licensed pursuant to chapter 272 and shall assure and maintain 28 evidence of alignment of the courses with the Iowa core and 29 core content requirements and standards. > 30 18. Page 5, after line 26 by inserting: 31 < DIVISION ___ 32 SCHOOL DISTRICT SAVINGS REPORT 33 Sec. ___. SCHOOL DISTRICT COVID-19 SAVINGS REPORT FOR 34 BUDGET YEAR 2019-2020. Each school district shall submit a 35 -9- SF2310.4339.H (2) 88 md 9/ 10 #18.
report to the department of education, in a format and by a 1 date as determined by the department, detailing the beginning 2 fund balances for the budget year beginning July 1, 2020, and 3 any savings to the school district resulting from the closure 4 of schools due to the COVID-19 pandemic during the school 5 budget year beginning July 1, 2019, and ending June 30, 2020, 6 including but not limited to savings from transportation, the 7 number of employees laid off by the school district listed 8 by staff position and whether such employees were reported 9 to receive unemployment compensation benefits, and spring or 10 summer programs canceled or otherwise impacted. > 11 19. Title page, by striking lines 1 through 4 and inserting 12 < An Act relating to educational instructional requirements and 13 funding flexibility. > 14 20. By renumbering as necessary. 15 -10- SF2310.4339.H (2) 88 md 10/ 10 #19.