Senate File 2310 S-5149 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) Notwithstanding subparagraph (1), unnumbered paragraph 17 1, if either subparagraph (1), subparagraph division (a) or (b) 18 apply, a school district or accredited nonpublic school may 19 exceed the limitation specified in subparagraph (1), unnumbered 20 paragraph 1, to provide world language, personal finance 21 literacy, and computer science coursework online in accordance 22 with paragraph “c” and the offer and teach requirements of 23 subsection 5, paragraphs “f” and “k” , and any such requirement 24 as may be established under subsection 5 for computer science, 25 shall not apply. > 26 8. Page 3, line 8, by striking < 5 > and inserting < 5, 27 paragraphs “a” through “e” and “g” through “j” , > 28 9. Page 3, line 12, by striking < the requirements of 29 subsection 5 > and inserting < such requirements > 30 10. Page 3, line 15, by striking < 5 > and inserting < 5, 31 paragraphs “a” through “e” and “g” through “j” , > 32 11. Page 3, line 20, by striking < (1) or (2) > and inserting 33 < (1), (2), or (3) > 34 12. Page 3, line 27, by striking < either > and inserting 35 -1- S5135.4454 (2) 88 kh/jh 1/ 10 #1.

< any > 1 13. 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 students, including students receiving independent 8 private instruction as defined in section 299A.1, subsection 9 2, paragraph “b” , competent private instruction under section 10 299A.2, or private instruction by a nonlicensed person under 11 section 299A.3, provided such students register with the 12 school district of residence and the coursework offered by the 13 online learning platform is taught and supervised by a teacher 14 licensed under chapter 272 who has online learning experience 15 and the course content meets the requirements established by 16 rule pursuant to section 256.7, subsection 32, paragraph “c” . 17 The department and the area education agencies operating online 18 learning programs pursuant to section 273.16 shall coordinate 19 to ensure the most effective use of resources and delivery 20 of services. Federal funds, if available, may be used to 21 offset what would otherwise be costs to school districts for 22 participation in the program. > 23 14. Page 4, by striking line 11 and inserting: 24 < c. Private providers utilized to provide courses by Courses 25 provided by private providers to a school > 26 15. Page 5, after line 25 by inserting: 27 < Sec. ___. Section 279.10, Code 2020, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 3. a. For the school year beginning July 30 1, 2020, and ending June 30, 2021, any instruction provided in 31 accordance with a return-to-learn plan submitted by a school 32 district or accredited nonpublic school to the department of 33 education in response to a proclamation of a public health 34 disaster emergency, issued by the governor pursuant to section 35 -2- S5135.4454 (2) 88 kh/jh 2/ 10 #13. #14. #15.

29C.6 and related to COVID-19, shall be deemed to meet the 1 requirements of subsection 1, regardless of the nature, 2 location, or medium of instruction if the return-to-learn 3 plan contains the minimum number of days or hours as required 4 by subsection 1. Any return-to-learn plan submitted by a 5 school district or accredited nonpublic school must contain 6 provisions for in-person instruction and provide that in-person 7 instruction is the presumed method of instruction. 8 b. This subsection is repealed on July 1, 2021. > 9 16. Page 5, after line 26 by inserting: 10 < DIVISION ___ 11 TEMPORARY FLEXIBILITY FOR USE OF CERTAIN MONEYS BY SCHOOL 12 DISTRICTS TO PROVIDE ADDITIONAL INSTRUCTIONAL TIME 13 Sec. ___. PROFESSIONAL DEVELOPMENT MONEYS AND HOURS 14 REQUIREMENTS FOR ADDITIONAL INSTRUCTIONAL TIME FOR THE 15 2020-2021 SCHOOL YEAR. Notwithstanding section 257.10, 16 subsection 10, and the professional development requirements 17 of chapter 284, for the school year beginning July 1, 2020, 18 and ending June 30, 2021, the moneys calculated and paid to 19 the school district for professional development pursuant to 20 section 257.10, subsection 10, or section 257.37A, subsection 21 2, to provide thirty-six hours of professional development 22 opportunities held outside of the minimum school day, may 23 instead be used by a school district to provide instructional 24 time to the school calendar in addition to the amount of 25 instructional time required under section 279.10, subsection 1, 26 and the thirty-six-hour professional development requirement 27 of chapter 284 shall be reduced by such number of hours of 28 additional instructional time. 29 DIVISION ___ 30 TEMPORARY FLEXIBILITY FOR CERTAIN EDUCATIONAL INSTRUCTIONAL AND 31 POLICY REQUIREMENTS 32 Sec. ___. OPEN ENROLLMENT —— EXTENSION OF NOTIFICATION 33 DEADLINE FOR THE 2020-2021 SCHOOL YEAR. Notwithstanding 34 section 282.18, subsection 2, paragraph “a”, for the school 35 -3- S5135.4454 (2) 88 kh/jh 3/ 10 #16.

year commencing July 1, 2020, a parent or guardian shall have 1 until July 15, 2020, to notify to the district of residence and 2 the receiving district, on forms prescribed by the department 3 of education, that the parent or guardian intends to enroll 4 the parent’s or guardian’s child in an online public school 5 in another school district, if the child, another resident of 6 the child’s residence, or a regular caretaker of the child 7 has a significant health condition that increases the risk 8 of COVID-19. The notification shall include the name of the 9 person with the health condition, specify the person’s health 10 condition, include written verification of the health condition 11 from the person’s physician or licensed health care provider 12 and, for persons other than the child, whether the person with 13 the health condition is a resident of the child’s residence 14 or the child’s regular caretaker. Section 282.18, subsection 15 3, shall not apply to a notification submitted in accordance 16 with this section. Notwithstanding section 282.18, subsection 17 2, paragraph “b”, the superintendent of the receiving school 18 district is authorized to approve a notification received 19 under this section. Within fourteen days of receipt of such 20 notification, the superintendent shall notify the parent or 21 guardian and the school district of residence that the request 22 has been approved or denied. If the notification has been 23 denied or if further review is required, the superintendent 24 shall provide the parent or guardian with an explanation of 25 the approval process and expected timeline for the review. A 26 decision to deny a request submitted under this section is 27 subject to appeal under section 290.1. The state board shall 28 exercise broad discretion to achieve just and equitable results 29 that are in the best interest of the affected child. This 30 section is not intended to extend the provisions of section 31 282.18, subsection 2, paragraph “a”, for enrollment in a 32 physical school district. 33 Sec. ___. SCHOOL DISTRICT DUTIES RELATING TO COMPETENT 34 PRIVATE INSTRUCTION FOR THE 2020-2021 SCHOOL YEAR. For 35 -4- S5135.4454 (2) 88 kh/jh 4/ 10

the school year beginning July 1, 2020, and ending June 30, 1 2021, upon request of a parent, guardian, or legal or actual 2 custodian, each school district shall provide to children 3 receiving competent private instruction available texts or 4 supplementary materials on the same basis as they are provided 5 to regularly enrolled students when a child is under dual 6 enrollment or in a home school assistance program. This 7 section shall only apply to children who are enrolled in their 8 school district’s home school assistance program by the child’s 9 parent, guardian, or legal or actual custodian. 10 Sec. ___. SCHOOL DISTRICT CLOSURES DURING THE 2020-2021 11 SCHOOL YEAR. For the school year beginning July 1, 2020, and 12 ending June 30, 2021, if the governor proclaims a public health 13 disaster pursuant to section 29C.6, the board of directors of a 14 school district may authorize closure of the school district 15 or any school district attendance center due to an outbreak 16 of COVID-19 in the school district or any school district 17 attendance center. School districts are encouraged to follow 18 guidelines issued by the centers for disease control and 19 prevention of the United States department of health and human 20 services and the Iowa department of public health, and may 21 consult with the local board of health when determining social 22 distancing measures or authorizing a school closure. 23 Sec. ___. INSTRUCTIONAL TIME PROVISIONS FOR SCHOOL 24 DISTRICTS AND ACCREDITED NONPUBLIC SCHOOLS FOR THE 2020-2021 25 SCHOOL YEAR. 26 1. Notwithstanding any other provision of law to the 27 contrary, the instructional time requirements of section 28 279.10, subsection 1, and the minimum school day requirements 29 of section 256.7, subsection 19, shall not be waived any 30 time during the school year beginning July 1, 2020, and 31 ending June 30, 2021, for school closure due to the COVID-19 32 pandemic unless the school district or the authorities in 33 charge of the accredited nonpublic school, as appropriate, 34 provide compulsory remote learning, including online learning, 35 -5- S5135.4454 (2) 88 kh/jh 5/ 10

electronic learning, distance learning, or virtual learning. 1 Unless explicitly authorized in a proclamation of a public 2 health disaster emergency issued by the governor pursuant to 3 section 29C.6 and related to COVID-19, a brick-and-mortar 4 school district or accredited nonpublic school shall not take 5 action to provide instruction primarily through remote-learning 6 opportunities. 7 2. If the board of directors of a school district or 8 the authorities in charge of an accredited nonpublic school 9 determines any time during the school year beginning July 1, 10 2020, and ending June 30, 2021, that a remote-learning period 11 is necessary, the school board or the authorities in charge of 12 an accredited nonpublic school, as appropriate, shall ensure 13 that teachers and other necessary school staff are available 14 during the remote-learning period to support students, to 15 participate in professional development opportunities, and 16 to perform other job-related functions during the regular, 17 required contract hours, even if the accessibility to or by the 18 teachers and other necessary school staff is offered remotely. 19 Sec. ___. TRUANCY REQUIREMENTS FOR THE 2020-2021 SCHOOL 20 YEAR. In addition to the provisions of chapter 299, a 21 child who is enrolled in a school district or accredited 22 nonpublic school but who does not participate in compulsory 23 remote-learning opportunities, including online learning, 24 electronic learning, distance learning, or virtual learning, 25 offered by the school district or accredited nonpublic school 26 of enrollment during a period of school closure implemented 27 any time during the school year beginning July 1, 2020, and 28 ending June 30, 2021, due to the COVID-19 pandemic shall be 29 considered truant. This section is not applicable to a child 30 who was receiving competent private instruction or independent 31 private instruction in accordance with the requirements of 32 chapter 299A prior to July 1, 2019. Any child who was enrolled 33 in a public school or accredited nonpublic school prior to July 34 1, 2019, may be subject to the provisions of chapter 299 if 35 -6- S5135.4454 (2) 88 kh/jh 6/ 10

the child’s parent, guardian, or legal custodian did not, for 1 the school year beginning July 1, 2020, complete and send the 2 report required under section 299.4 to the school district of 3 residence of the child in a timely manner. 4 Sec. ___. TEACHER ENDORSEMENT WAIVER FOR THE 2020-2021 5 SCHOOL YEAR. For the school year beginning July 1, 2020, and 6 ending June 30, 2021, notwithstanding any provision to the 7 contrary, if a school district or accredited nonpublic school 8 has made every reasonable and good-faith effort to employ a 9 teacher licensed under chapter 272 who holds an endorsement for 10 a specified grade level or subject area and is unable to employ 11 a teacher with the appropriate endorsement, and the school 12 district or accredited nonpublic school is also unable to 13 develop, or use a private provider to provide, an online course 14 that meets the requirements of chapter 256, the director of 15 the department of education may waive the teacher-endorsement 16 requirements for the specified grade level or subject area for 17 the school district or accredited nonpublic school, and the 18 provisions of section 256.9, subsection 48, and section 272.15, 19 subsection 4, shall not apply. 20 Sec. ___. MISCELLANEOUS POLICY PROVISIONS FOR SCHOOLS 21 FOR THE 2020-2021 SCHOOL YEAR. The following provisions are 22 applicable for the school year beginning July 1, 2020, and 23 ending June 30, 2021: 24 1. SOCIAL DISTANCING. In implementing social distancing 25 policies included in a return-to-learn plan, the board of 26 directors of each school district and the authorities in charge 27 of each accredited nonpublic school shall, to the extent 28 possible, provide in-person instruction for core academic 29 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- S5135.4454 (2) 88 kh/jh 7/ 10

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- S5135.4454 (2) 88 kh/jh 8/ 10

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 7 to the contrary, a school district or accredited nonpublic 8 school may provide instruction primarily through continuous 9 remote-learning opportunities if such instruction is provided 10 in accordance with a return-to-learn plan submitted by 11 the school district or accredited nonpublic school to the 12 department of education in response to a proclamation of a 13 public health disaster emergency explicitly addressing school 14 closures, issued by the governor pursuant to section 29C.6 and 15 related to COVID-19, without regard to whether the accredited 16 nonpublic school or school district is approved to provide 17 instruction primarily through continuous remote-learning 18 opportunities. Instruction provided pursuant to this section 19 shall be provided by teachers licensed pursuant to chapter 272 20 and shall assure and maintain evidence of alignment of the 21 courses with the Iowa core and core content requirements and 22 standards. 23 DIVISION ___ 24 SCHOOL DISTRICT IMPACT REPORT 25 Sec. ___. SCHOOL DISTRICT COVID-19 IMPACT REPORT FOR BUDGET 26 YEAR 2019-2020. Each school district shall submit a report 27 to the department of education, in a format and by a date 28 as determined by the department, detailing any reduction in 29 expenditures to the school district resulting from the closure 30 of schools due to the COVID-19 pandemic during the school 31 budget year beginning July 1, 2019, and ending June 30, 2020, 32 including but not limited to reductions in expenditures for 33 transportation, the number of contract employees which include 34 certified and classified employees laid off by the school 35 -9- S5135.4454 (2) 88 kh/jh 9/ 10

district and the number of non-contract employees laid off 1 by the school district, both listed by staff position, and 2 spring or summer programs canceled or otherwise impacted. The 3 department shall prepare and, by November 15, 2020, submit to 4 the general assembly, a report that details for each school 5 district the total net impact of the COVID-19 pandemic on each 6 school district’s budget. 7 DIVISION ___ 8 EFFECTIVE DATES AND APPLICABILITY 9 Sec. ___. EFFECTIVE UPON ENACTMENT. Unless otherwise 10 provided, this Act, if approved by the governor on or after 11 July 1, 2020, takes effect upon enactment. 12 Sec. ___. RETROACTIVE APPLICABILITY. Unless otherwise 13 provided, this Act, if approved by the governor on or after 14 July 1, 2020, applies retroactively to July 1, 2020. > 15 17. Title page, by striking lines 1 through 4 and inserting 16 < An Act relating to educational instructional requirements 17 and funding flexibility and including effective date and 18 retroactive applicability provisions. > 19 18. By renumbering as necessary. > 20 ______________________________ AMY SINCLAIR -10- S5135.4454 (2) 88 kh/jh 10/ 10 #17. #18.