SF 2284 (LSB 6053SV (11) 84)

RELATING TO PROGRAMS AND ACTIVITIES UNDER THE PURVIEW OF THE DEPARTMENT OF EDUCATION, THE STATE BOARD OF EDUCATION, THE BOARD OF EDUCATIONAL EXAMINERS, THE STATE BOARD OF REGENTS, SCHOOL DISTRICTS, AND ACCREDITED NONPUBLIC SCHOOLS, AND INCLUDING EFFECTIVE DATE PROVISIONS. 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
COMPETENCY-BASED INSTRUCTION
    Section 1.  Section 256.7, subsection 26, paragraph a, Code Supplement 2011, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (02)  The rules shall allow a school district or accredited nonpublic school to award high school credit to an enrolled student upon the demonstration of required competencies for a course or content area, as approved by a teacher licensed under chapter 272. The school district or accredited nonpublic school shall determine the assessment methods by which a student demonstrates sufficient evidence of the required competencies.
    Sec. 2.  COMPETENCY-BASED INSTRUCTION TASK FORCE.
   1.  The department of education shall appoint a task force to conduct a study regarding competency-based instruction 

standards and options and the integration of competency-based instruction with the Iowa core curriculum, and to develop related assessment models and professional development focused on competency-based instruction.
   2.  At a minimum, the task force shall do all of the following:
   a.  Redefine the Carnegie unit into competencies.
   b.  Construct personal learning plans and templates.
   c.  Develop student-centered accountability and assessment models.
   d.  Empower learning through technology.
   e.  Develop supports and professional development for educators to transition to a competency-based system.
   3.
  The task force shall be comprised of at least twelve members, nine of whom shall represent education stakeholders and practitioners knowledgeable about the Iowa core curriculum; one of whom shall be the deputy director and administrator of the division of learning and results of the department of education or the deputy director’s designee; one of whom shall represent the area education agencies; and one of whom shall represent the Iowa state education association.
   4.  The person representing the area education agency shall convene the initial meeting. The task force shall elect one of its members as chairperson. After the initial meeting, the task force shall meet at the time and place specified by call of the chairperson. The department of education shall provide staffing services for the task force.
   5.
  a.  The task force shall submit a preliminary report that includes but is not limited to its findings and recommendations relating to subsection 2, paragraphs “b”, “d”, and “e”, by January 15, 2013.
   b.  The task force shall submit its plan, findings, models, and recommendations in a final report to the state board of education, the governor, and the general assembly by November 15, 2013.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION II
ASSESSMENT OF STUDENT PROGRESS ON CORE ACADEMIC INDICATORS
    Sec. 4.  Section 256.7, subsection 21, paragraph b, Code Supplement 2011, is amended to read as follows:
   b.  A set of core academic indicators in mathematics and reading in grades four, eight, and eleven, a set of core academic indicators in science in grades eight and eleven, and another set of core indicators that includes, but is not limited to, graduation rate, postsecondary education, and successful employment in Iowa. Annually, the department shall report state data for each indicator in the condition of education report.

Rules adopted pursuant to this subsection shall specify that the approved district-wide assessment of student progress administered for purposes of this paragraph shall be the assessment utilized by school districts statewide in the school year beginning July 1, 2011. The state board may submit to the general assembly recommendations the state board deems appropriate for modifications of assessments of student progress administered for purposes of this paragraph.

DIVISION III
TEACHER AND ADMINISTRATOR MATTERS
    Sec. 5.  Section 284.6, subsection 8, Code Supplement 2011, is amended to read as follows:
   8.  For each year in which a school district receives funds calculated and paid to school districts for professional development pursuant to section 257.10, subsection 10, or section 257.37A, subsection 2, the school district shall create quality professional development opportunities.

Not less than thirty-six hours in the school calendar, held outside of the minimum school day, shall be set aside during nonpreparation time or designated professional development time to allow practitioners to collaborate with each other to deliver educational programs and assess student learning, or to engage in peer review pursuant to section 284.8, subsection 1.The goal for the use of the funds is to provide one additional contract day or the equivalent thereof for professional development, and use of the funds is limited to providing professional development to teachers, including additional salaries for time beyond the normal negotiated agreement; pay for substitute teachers, professional development materials, speakers, and professional development content; and costs associated with implementing the individual professional development plans. The use of the funds shall be balanced between school district, attendance center, and individual professional development plans, making every reasonable effort to provide equal access to all teachers.
    Sec. 6.  Section 284.8, subsection 1, Code 2011, is amended to read as follows:
   1.  A school district shall
 
provide for an annual review a
 
of each teacher’s performance at least once every three years for purposes of assisting teachers in making continuous improvement, documenting continued competence in the Iowa teaching standards, identifying teachers in need of improvement, or to determine whether the teacher’s practice meets school district expectations for career advancement in accordance with section 284.7. The review shall include, at minimum, classroom observation of the teacher, the teacher’s progress, and implementation of the teacher’s individual professional development plan, subject to the level of resources provided to implement the plan; and shall include supporting documentation from parents, students, and other teachers. 
 
The first and second year of review shall be conducted by a peer group of teachers. The peer group shall review all of the peer group members. Peer group reviews shall be formative and shall be conducted on an informal, collaborative basis that is focused on assisting each peer group member in achieving the goals of the teacher’s individual professional development plan. Peer group reviews shall not be the basis for recommending that a teacher participate in an intensive assistance program, and shall not be used to determine the compensation, promotion, layoff, or termination of a teacher, or any other determination affecting a teacher’s employment status. However, as a result of a peer group review, a teacher may elect to participate in an intensive assistance program. Members of the peer group shall be reviewed every third year by at least one evaluator certified in accordance with section 284.10.
    Sec. 7.  Section 284A.7, Code 2011, is amended to read as follows:
   284A.7  Evaluation requirements for administrators.
   A school district shall conduct an
 
annual evaluation of an administrator who holds a professional administrator license issued under chapter 272 at least once every three years for purposes of assisting the administrator in making continuous improvement, documenting continued competence in the Iowa standards for school administrators adopted pursuant to section 256.7, subsection 27, or to determine whether the administrator’s practice meets school district expectations. The review
 
evaluation shall include, at a minimum, an assessment of the administrator’s competence in meeting the Iowa standards for school administrators and the goals of the administrator’s individual professional development plan, including supporting documentation or artifacts aligned to the Iowa standards for school administrators and the individual administrator’s professional development plan.
    Sec. 8.  REPEAL.  Section 284.14A, Code 2011, is repealed.
    Sec. 9.  STATEWIDE EDUCATOR EVALUATION SYSTEM TASK FORCE.
   1.  The director of the department of education shall convene a task force to conduct a study regarding a statewide teacher evaluation system and a statewide administrator evaluation system.
   2.  The task force shall be comprised of at least twelve members as follows:
   a.  Eight members shall be appointed by the director to represent education stakeholders and practitioners knowledgeable about the Iowa core curriculum and may include members currently serving on the department’s teacher quality partnership teacher evaluation team.
   b.  One member shall be the deputy director and administrator of the division of learning and results of the department of education or the deputy director’s designee.
   c.  One member shall represent the area education agencies.
   d.  One member shall represent a certified employee organization representing teachers licensed under chapter 272.
   e.  One member shall represent a statewide organization representing school administrators licensed under chapter 272.
   3.  The person representing the area education agency shall convene the initial meeting. The task force shall elect one of its members as chairperson. After the initial meeting, the task force shall meet at the time and place specified by call of the chairperson. The department of education shall provide staffing services for the task force.
   4.  To the extent possible, appointments shall be made to provide geographical area representation and to comply with sections 69.16, 69.16A, and 69.16C. 
   5.  The task force shall develop a statewide teacher evaluation system and a statewide administrator evaluation system that standardize the instruments and processes used by school districts, charter schools, and accredited nonpublic schools throughout the state to evaluate teachers and administrators. The components of the statewide teacher evaluation system shall include but not be limited to the following:
   a.  Direct observation of classroom teaching behaviors.
   b.  Balanced consideration of student growth measures, when available for tested subjects and grades, to supplement direct observation of classroom teaching behaviors.
   c.  Integration of the Iowa teaching standards.
   d.  System applicability to teachers in all content areas taught in a school.
   6.  The task force, at a minimum, shall include in its recommendations and proposal a tiered evaluation system that differentiates ineffective, minimally effective, effective, and highly effective performance by teachers and administrators.
   7.  The task force shall submit its findings, recommendations, and a proposal for each system to the general assembly by October 15, 2012.
    Sec. 10.  IOWA TEACHING STANDARDS AND CRITERIA REVIEW TASK FORCE.
   1.  The department of education shall convene a task force to identify and recommend measures to improve the Iowa teaching standards and criteria and align the Iowa teaching standards with best practices and nationally accepted standards, and to identify and recommend measures to improve the educator evaluations conducted based on the Iowa teaching standards. The task force shall recommend changes to the Iowa Code as appropriate.
   2.  The task force shall consist of teachers, administrators, and representatives of the department of education, the board of educational examiners, an organization representing teachers, an organization representing school boards, accredited institutions of higher education, and any other appropriate educational stakeholders.
   3.  The task force shall submit its findings and recommendations, including recommendations for changes to the Iowa Code as appropriate, to the general assembly by November 15, 2012.
    Sec. 11.  TEACHER PERFORMANCE, COMPENSATION, AND CAREER DEVELOPMENT TASK FORCE. 
   1.  The director of the department of education shall appoint, and provide staffing services for, a teacher performance, compensation, and career development task force to develop recommendations for a new teacher compensation system to replace the current teacher compensation system which addresses, at a minimum, the following:
   a.  The duties and responsibilities of apprentice, career, mentor, and master teachers.
   b.  Utilizing retired teachers as mentors.
   c.  Strategic and meaningful uses of finite resources and the realignment of resources currently available.
   d.  Mechanisms to substantially increase the average salary of teachers who assume leadership roles within the profession.
   e.  Standardizing implementation of task force recommendations in all of Iowa’s school districts and public charter schools.
   2.  The task force shall also propose a peer coaching pilot project to expand excellence in the teaching profession. The proposal shall include recommendations for peer coaching criteria goals, strategies, documentation of progress, incentives for participation, and program evaluation.
   3.  The director of the department of education shall appoint and provide staffing services for a task force whose members shall represent teachers, parents, school administrators, and business and community leaders. Insofar as practicable, appointments shall be made to provide geographical area representation and to comply with sections 69.16, 69.16A, and 69.16C.
   4.  The task force shall submit its findings, recommendations, and pilot project proposal in a report to the state board of education, the governor, and the general assembly by October 15, 2012.
    Sec. 12.  EFFECTIVE UPON ENACTMENT.  The section of this division of this Act providing for the appointment of the teacher performance, compensation, and career development task force, being deemed of immediate importance, takes effect upon enactment.

DIVISION IV
ONLINE LEARNING
    Sec. 13.  Section 256.2, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  “Online learning” and “online coursework” mean educational instruction and content which are delivered primarily over the internet. “Online learning” and “online coursework” do not include print-based correspondence education, broadcast television or radio, videocassettes, or stand-alone educational software programs that do not have a significant internet-based instructional component.
    Sec. 14.  Section 256.7, subsection 7, paragraph d, Code Supplement 2011, is amended to read as follows:
   d.  For the purpose
 
purposes of the rules adopted by the state board, telecommunications
 
this chapter, “telecommunications” means narrowcast communications through systems that are directed toward a narrowly defined audience and includes interactive live communications.

For purposes of this chapter, “telecommunications” does not include online learning.
    Sec. 15.  Section 256.7, Code Supplement 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  33.
  a.  Adopt rules for online learning in accordance with sections 256.24, 256.24A, and 256.27, and criteria for waivers granted pursuant to section 256.24.
   b.  Except as provided in paragraph “c”, adopt rules prohibiting the open enrollment of students whose educational instruction and course content are delivered primarily over the internet.
   c.  Adopt rules that limit the statewide enrollment of pupils in educational instruction and course content that are delivered primarily over the internet to not more than eighteen one-hundredths of one percent of the statewide enrollment of all pupils, and that limit the number of pupils participating in open enrollment for purposes of receiving educational instruction and course content that are delivered primarily over the internet to no more than one percent of a sending district’s enrollment. Until June 30, 2015, students who meet the requirements of section 282.18 may participate in open enrollment under this paragraph “c” for purposes of enrolling only in the CAM community school district or the Clayton Ridge community school district.
   (1)  School districts providing educational instruction and course content that are delivered primarily over the internet pursuant to this paragraph “c” shall annually submit to the department, in the manner prescribed by the department, data that includes but is not limited to student achievement and demographic characteristics, retention rates, and the percentage of enrolled students’ active participation in extracurricular activities.
   (2)  The department shall conduct annually a survey of not less than ten percent of the total number of students enrolled as authorized under this paragraph “c” and section 282.18, and not less than one hundred percent of the students in those districts who are enrolled as authorized under this paragraph “c” and section 282.18 and who are eligible for free or reduced price meals under the federal National School Lunch Act and the federal Child Nutrition Act of 1966, 42 U.S.C. §§ 1751-1785, to determine whether students are enrolled under this paragraph “c” and section 282.18 to receive educational instruction and course content primarily over the internet or are students who are receiving competent private instruction from a licensed practitioner provided through a school district pursuant to chapter 299.
   (3)  The department shall compile and review the data collected pursuant to this paragraph “c” and shall submit its findings and recommendations for the continued delivery of instruction and course content by school districts pursuant to this paragraph “c”, in a report to the general assembly by January 15 annually.
   (4)  This paragraph “c” is repealed July 1, 2015.
    Sec. 16.  Section 256.9, Code Supplement 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  65.  Develop and establish an online learning program model in accordance with rules adopted pursuant to section 256.7, subsection 33, paragraph “a”, and in accordance with section 256.27.
    Sec. 17.  NEW SECTION.  256.24  Iowa learning online initiative.
   1.  An Iowa learning online initiative is established within the department to partner with school districts and accredited nonpublic schools to provide distance education to high school students statewide. The department shall utilize a variety of content repositories, including those maintained by the area education agencies and the public broadcasting division, in administering the initiative.
   2.  The initiative shall include an online learning program model designed to prepare teachers to meet the needs of students in an online learning environment, including but not limited to building community interaction and support, developing strategies for working with virtual students, and assessing virtual students.
   3.  Coursework offered under the initiative shall be taught by a teacher licensed under chapter 272 who has completed an online-learning-for-Iowa-educators-professional-development project offered by area education agencies, a teacher preservice program, or comparable coursework.
   4.  Each participating school district and accredited nonpublic school shall submit its online curricula to the department for review. Each participating school district and accredited nonpublic school shall include in its comprehensive school improvement plan submitted pursuant to section 256.7, subsection 21, a list and description of the online coursework offered by the district.
   5.  Under the initiative, students must be enrolled in a participating school district or accredited nonpublic school, which is responsible for recording grades received for initiative coursework in a student’s permanent record, awarding high school credit for initiative coursework, and issuing high school diplomas to students enrolled in the district or school who participate and complete coursework under the initiative. Each participating school shall identify a site coordinator to serve as a student advocate and as a liaison between the initiative staff and teachers and the school district or accredited nonpublic school.
   6.  Coursework offered under the initiative shall be rigorous and high quality, and the department shall annually evaluate the quality of the courses, ensure that coursework is aligned with the state’s core curriculum and core content requirements and standards, as well as national standards of quality for online courses issued by an internationally recognized association for kindergarten through grade twelve online learning.
   7.  The department may waive for one year the provisions of section 256.11, subsection 5, which require that specified subjects be offered and taught by professional staff of a school district or school, if the school district or school makes every reasonable and good faith effort to employ a teacher licensed under chapter 272 for such a subject, and the school district or school proves to the satisfaction of the department that the school district or school is unable to employ such a teacher. The specified subject shall be provided by the initiative.
    Sec. 18.  NEW SECTION.  256.24A  Online learning requirements —— legislative findings and declarations.
   1.  The general assembly finds and declares the following:
   a.  That prior legislative enactments on the use of telecommunications in elementary and secondary school classes and courses did not contemplate and were not intended to authorize participation in open enrollment under section 282.18 for purposes of attending online schools, contracts to provide exclusively or predominantly online coursework to students, or online coursework that does not use teachers licensed under chapter 272 for instruction and supervision.
   b.  That online learning technology has moved ahead of Iowa’s statutory framework and the current administrative rules of the state board, promulgated over twenty years ago, are inadequate to regulate today’s virtual opportunities.
   2.  Online learning curricula shall be provided and supervised by a teacher licensed under chapter 272.
    Sec. 19.  NEW SECTION.  256.27  Online learning program model.
   1.  Online learning program model established.  The director, pursuant to section 256.9, subsection 65, shall establish an online learning program model that provides for the following:
   a.  Online access to high-quality content, instructional materials, and blended learning.
   b.  Coursework customized to the needs of the student using online content.
   c.  A means for a student to demonstrate competency in completed online coursework.
   d.  High-quality online instruction taught by teachers licensed under chapter 272.
   e.  Online content and instruction evaluated on the basis of student learning outcomes.
   f.  Use of funds available for online learning for program development, implementation, and innovation.
   g.  Infrastructure that supports online learning.
   h.  Online administration of online course assessments.
   i.  Criteria for school districts or schools to use when choosing providers of online learning to meet the online learning program requirements specified in rules adopted pursuant to section 256.7, subsection 33, paragraph “a”.
   2.  Private providers.  At the discretion of the school board or authorities in charge of an accredited nonpublic school, after consideration of circumstances created by necessity, convenience, and cost-effectiveness, courses developed by private providers may be utilized by the school district or school in implementing a high-quality online learning program. Courses obtained from private providers shall be taught by teachers licensed under chapter 272.
   3.  Grading.  Grades in online courses shall be based, at a minimum, on whether a student mastered the subject, demonstrated competency, and met the standards established by the school district. Grades shall be conferred only by teachers licensed under chapter 272.
   4.  Accreditation criteria.  All online courses and programs shall meet existing accreditation standards.
    Sec. 20.  Section 256.33, subsection 3, Code 2011, is amended to read as follows:
   3.  Priority shall be given to programs integrating telecommunications
 
educational technology into the classroom. The department may award grants to school corporations and higher education institutions to perform the functions listed in this section.
    Sec. 21.  ONLINE LEARNING —— INTERIM STUDY.  The legislative council is requested to establish an interim study committee relating to online learning and programming for school districts and related educational issues. The objective of the study shall be to review the appropriate use of online learning by school districts, the appropriate levels and sources of funding for online learning, partnerships between school districts and private providers of online programs, and the potential use of online learning as the exclusive means to provide coursework required under the state’s educational standards. The study shall identify opportunities between interested agencies and entities involved in or potentially involved in online learning activities, including but not limited to K-12 schools, area education agencies, institutions of higher learning, the public broadcasting division of the department of education, the department of education, and the Iowa communications network. The committee shall review the benefits of using the department of education’s Iowa learning online initiative as the sole source of online learning for Iowa’s school districts. The committee shall submit recommendations for the establishment of an online learning program model in accordance with section 256.27 to the director of the department of education by December 14, 2012. The committee is directed to submit its findings and recommendations in a report to the general assembly by December 14, 2012.

DIVISION V
BOARD OF EDUCATIONAL EXAMINERS PROVISIONS
    Sec. 22.  Section 272.5, Code 2011, is amended to read as follows:
   272.5  Compensation of board,
 
—— executive director.
   1.  Members shall be reimbursed for actual and necessary expenses incurred while engaged in their official duties and may be entitled to per diem compensation as authorized under section 7E.6. For duties performed during an ordinary school day by a member who is employed by a school corporation or state university, the member shall also receive regular compensation from the school or university. However, the member shall reimburse the school or university in the amount of the per diem compensation received.
   2.  The governor shall appoint an executive director of the board of educational examiners subject to confirmation by the senate. The director shall possess a background in education licensure and administrative experience and shall serve at the pleasure of the governor.
 
The board of educational examiners shall set the salary of the executive director within the range established for the position by the general assembly.
    Sec. 23.  Section 272.25, subsection 1, Code 2011, is amended to read as follows:
   1.  A requirement that each student admitted to an approved practitioner preparation program must participate in field experiences that include both observation and participation in teaching activities in a variety of school settings. These field experiences shall comprise a total of at least fifty hours in duration, at least ten hours of which shall occur prior to a student’s acceptance in an approved practitioner preparation program. The student teaching experience shall be a minimum of twelve
 
fourteen weeks in duration during the student’s final year of the practitioner preparation program. 
 
The program must make every reasonable effort to offer the student teaching experience prior to a student’s last semester, or equivalent, in the program, and to expand the student’s student teaching opportunities beyond one semester or the equivalent.

DIVISION VI
SCHOOL ADMINISTRATION MANAGER
    Sec. 24.  Section 256.7, subsection 30, Code Supplement 2011, is amended to read as follows:
   30.  Set standards and procedures for the approval of training programs for individuals who seek an authorization issued by the board of educational examiners for employment
 
the following:
   a.  Employment
 
as a school business official responsible for the financial operations of a school district.
   b.  Employment as a school administration manager responsible for assisting a school principal in performing noninstructional duties.
    Sec. 25.  Section 272.1, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  11A.  “School administration manager” means a person who is authorized to assist a school principal in performing noninstructional administrative duties.
    Sec. 26.  Section 272.31, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  The board shall issue a school administration manager authorization to an individual who successfully completes a training program that meets the standards set by the state board pursuant to section 256.7, subsection 30, and who complies with rules adopted by the state board pursuant to subsection 3.

DIVISION VII
STATE BOARD OF REGENTS PROVISIONS
    Sec. 27.  Section 262.9, Code Supplement 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  36.  Implement continuous improvement in every undergraduate program offered by an institution of higher education governed by the board.
   a.  A continuous improvement plan shall be developed and implemented built upon the results of the institution’s student outcomes assessment program using the following phase-in timeline:
   (1)  For each course with typical annual enrollment of three hundred or more, whether in one or multiple sections, a continuous improvement plan shall be developed and implemented beginning in the fall semester of 2013.
   (2)  For each course with typical annual enrollment of two hundred or more but less than three hundred, whether in one or multiple sections, a continuous improvement plan shall be developed and implemented beginning in the fall semester of 2014.
   (3)  For each course with a typical annual enrollment of one hundred or more but less than two hundred, whether in one or multiple sections, a continuous improvement plan shall be developed and implemented beginning in the fall semester of 2015.
   b.  For each undergraduate course the institution shall collect and use the results of formative and summative assessments in its continuous improvement plan. The board shall annually evaluate the effectiveness of the plans and shall submit an executive summary of its findings and recommendations in its annual strategic plan progress report, a copy of which shall be submitted to the general assembly.
    Sec. 28.  NEW SECTION.  262.94  College readiness and awareness programs.
   The state board of regents may establish or contract to establish programs designed to increase college readiness and college awareness in potential first-generation college students and underrepresented populations. The programs may include but shall not be limited to college go center programs and science bound programs.

DIVISION VIII
NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS AWARDS
    Sec. 29.  Section 256.44, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.  If a teacher registers for national board for professional teaching standards certification by
 
after December 31, 2007, a one-time initial reimbursement award in the amount of up to one-half of the registration fee paid by the teacher for registration for certification by the national board for professional teaching standards. The teacher shall apply to the department within one year of registration
 
in a manner and according to procedures required by the department, submitting to the department any documentation the department requires. A teacher who receives an initial reimbursement award shall receive a one-time final registration award in the amount of the remaining national board registration fee paid by the teacher if the teacher notifies the department of the teacher’s certification achievement and submits any documentation requested by the department.
    Sec. 30.  Section 256.44, subsection 1, paragraph b, subparagraph (1), subparagraph division (b), Code 2011, is amended to read as follows:
   (b)  If the teacher registers for national board for professional teaching standards certification between January 1, 1999, and December 31, 2007, and achieves certification within the timelines and policies established by the national board for professional teaching standards, an annual award in the amount of two thousand five hundred dollars upon achieving certification by the national board of professional teaching standards.

DIVISION IX
EARLY CHILDHOOD LITERACY
    Sec. 31.  Section 256.7, Code Supplement 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  32.
  a.  By July 1, 2013, adopt by rule guidelines for school district implementation of section 279.69, including but not limited to basic levels of reading proficiency on approved locally determined or statewide assessments and identification of tools that school districts may use in evaluating and reevaluating any student who may be or who is determined to be deficient in reading, including but not limited to initial assessments and subsequent assessments, alternative assessments, and portfolio reviews. The state board shall adopt standards that provide a reasonable expectation that a student’s progress toward reading proficiency under section 279.69 is sufficient to master appropriate grade four level reading skills prior to the student’s promotion to grade four.
   b.  Adopt rules for the Iowa reading research center and for implementation of the intensive summer literacy program developed and administered pursuant to section 256.9, subsection 53.
    Sec. 32.  Section 256.9, subsection 53, Code Supplement 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Establish, subject to an appropriation of funds by the general assembly, an Iowa reading research center. 
   (1)  The purpose of the center shall be to apply current research on literacy to provide for the development and dissemination of all of the following:
   (a)  Instructional strategies for prekindergarten through grade twelve to achieve literacy proficiency that includes reading, reading comprehension, and writing for all students.
   (b)  Strategies for identifying and providing evidence-based interventions for students, beginning in kindergarten, who are at risk of not achieving literacy proficiency.
   (c)  Models for effective school and community partnerships to improve student literacy.
   (d)  Reading assessments.
   (e)  Professional development strategies and materials to support teacher effectiveness in student literacy development.
   (f)  Data reports on attendance center, school district, and statewide progress toward literacy proficiency in the context of student, attendance center, and school district demographic characteristics.
   (g)  An intensive summer literacy program. The center shall establish program criteria and guidelines for implementation of the program by school districts, under rules adopted by the state board pursuant to section 256.7, subsection 32.
   (2)  The first efforts of the center shall focus on kindergarten through grade three. The center shall draw upon national and state expertise in the field of literacy proficiency, including experts from Iowa’s institutions of higher education and area education agencies with backgrounds in literacy development. The center shall seek support from the Iowa research community in data report development and analysis of available information from Iowa education data sources. The center shall work with the department to identify additional needs for tools and technical assistance for Iowa schools to help schools achieve literacy proficiency goals and seek public and private partnerships in developing and accessing necessary tools and technical assistance.
   (3)  The center shall submit a report of its activities to the general assembly by January 15 annually.
    Sec. 33.  Section 279.60, Code 2011, is amended to read as follows:
   279.60  Kindergarten assessment
 
Assessments —— access to data —— reports.
   1.  Each school district shall administer a kindergarten readiness assessment prescribed by the department of education to every resident prekindergarten or four-year-old child whose parent or guardian enrolls the child in the district. The assessment shall be aligned with state early learning standards and preschool programs shall be encouraged to administer the assessment at least at the beginning and end of the preschool program, with the assessment information entered into the statewide longitudinal data system. The department shall work to develop agreements with head start programs to incorporate similar information about four-year-old children served by head start into the statewide longitudinal data system.
   2.
  a.  Each school district shall administer the dynamic indicators of basic early literacy skills kindergarten benchmark assessment or other kindergarten benchmark assessment adopted by the department of education in consultation with the early childhood Iowa state board to every kindergarten student enrolled in the district not later than the date specified in section 257.6, subsection 1. The school district shall also collect information from each parent, guardian, or legal custodian of a kindergarten student enrolled in the district, including but not limited to whether the student attended preschool, factors identified by the early childhood Iowa office pursuant to section 256I.5, and other demographic factors. Each school district shall report the results of the assessment and the preschool information collected to the department of education in the manner prescribed by the department not later than January 1 of that school year. The early childhood Iowa office in the department of management shall have access to the raw data. The department shall review the information submitted pursuant to this section and shall submit its findings and recommendations annually in a report to the governor, the general assembly, the early childhood Iowa state board, and the early childhood Iowa area boards.
   b.  This subsection is repealed July 1, 2013.
   3.  Each school district shall administer the Iowa assessments, created by the state university of Iowa, to all students enrolled in grade ten.
    Sec. 34.  NEW SECTION.  279.69  Student progression —— remedial instruction —— reporting requirements —— promotion.
   1.  Reading deficiency and parental notification.
   a.  A school district shall assess all students enrolled in kindergarten through grade three at the beginning of each school year for their level of reading or reading readiness on locally determined or statewide assessments, as provided in section 256.7, subsection 32. A school district shall provide intensive reading instruction to any student who exhibits a substantial deficiency in reading, based upon the assessment or through teacher observations. The student’s reading proficiency shall be reassessed by locally determined or statewide assessments. The student shall continue to be provided with intensive reading instruction until the reading deficiency is remedied.
   b.  The parent or guardian of any student in kindergarten through grade three who exhibits a substantial deficiency in reading, as described in paragraph “a”, shall be notified at least annually in writing of the following:
   (1)  That the child has been identified as having a substantial deficiency in reading.
   (2)  A description of the services currently provided to the child.
   (3)  A description of the proposed supplemental instructional services and supports that the school district will provide to the child that are designed to remediate the identified area of reading deficiency.
   (4)  Strategies for parents and guardians to use in helping the child succeed in reading proficiency, including but not limited to the promotion of parent-guided home reading.
   c.  Beginning May 1, 2017, unless the school district is granted a waiver pursuant to subsection 2, paragraph “e”, if the student’s reading deficiency is not remedied by the end of grade three, as demonstrated by scoring on a locally determined or statewide assessment as provided in section 256.7, subsection 32, the school district shall notify the student’s parent or guardian that the parent or guardian may enroll the student in an intensive summer reading program offered in accordance with subsection 2, paragraph “e”. If the parent or guardian does not enroll the student in the intensive summer reading program and the student is ineligible for the good cause exemption under subsection 5, the student shall be retained in grade three pursuant to subsection 3. If the student is exempt from participating in an intensive summer reading program for good cause, pursuant to subsection 5, or completes the intensive summer reading program but is not reading proficient upon completion of the program, the student may be promoted to grade four, but the school district shall continue to provide the student with intensive reading instruction until the student is proficient in reading as demonstrated by scoring on locally determined or statewide assessments.
   2.  Successful progression for early readers.
  If funds are appropriated by the general assembly for purposes of implementing this subsection, a school district shall do all of the following:
   a.  Provide students who are identified as having a substantial deficiency in reading under subsection 1, paragraph “a”, with intensive instructional services and supports, free of charge, to remediate the identified areas of reading deficiency, including a minimum of ninety minutes daily of scientific, research-based reading instruction and other strategies prescribed by the school district which may include but are not limited to the following:
   (1)  Small group instruction.
   (2)  Reduced teacher-student ratios.
   (3)  More frequent progress monitoring.
   (4)  Tutoring or mentoring.
   (5)  Extended school day, week, or year.
   (6)  Summer reading programs.
   b.  At regular intervals, apprise the parent or guardian of academic and other progress being made by the student and give the parent or guardian other useful information.
   c.  In addition to required reading enhancement and acceleration strategies, provide parents of students who are identified as having a substantial deficiency in reading under subsection 1, paragraph “a”, with a plan outlined in a parental contract, including participation in regular parent-guided home reading.
   d.  Establish a reading enhancement and acceleration development initiative designed to offer intensive accelerated reading instruction to each kindergarten through grade three student who is assessed as exhibiting a substantial deficiency in reading. The initiative shall comply with all of the following criteria:
   (1)  Be provided to all kindergarten through grade three students who exhibit a substantial deficiency in reading under this section. The assessment initiative shall measure phonemic awareness, phonics, fluency, vocabulary, and comprehension.
   (2)  Be provided during regular school hours in addition to the regular reading instruction.
   (3)  Provide a reading curriculum that meets guidelines adopted pursuant to section 256.7, subsection 32, and at a minimum has the following specifications:
   (a)  Assists students assessed as exhibiting a substantial deficiency in reading to develop the skills to read at grade level.
   (b)  Provides skill development in phonemic awareness, phonics, fluency, vocabulary, and comprehension.
   (c)  Includes a scientifically based and reliable assessment.
   (d)  Provides initial and ongoing analysis of each student’s reading progress.
   (e)  Is implemented during regular school hours.
   (f)  Provides a curriculum in core academic subjects to assist the student in maintaining or meeting proficiency levels for the appropriate grade in all academic subjects.
   e.  Offer each summer, beginning in the summer of 2017, unless the school district receives a waiver from this requirement from the department of education for the summer of 2017, an intensive summer literacy program for students assessed as exhibiting a substantial deficiency in reading. The program shall meet the criteria and follow the guidelines established pursuant to section 256.9, subsection 53, paragraph “c”, subparagraph (1), subparagraph division (g).
   f.  Report to the department of education the specific intensive reading interventions and supports implemented by the school district pursuant to this section. The department shall annually prescribe the components of required or requested reports.
   3.  Promotion to grade four.  In determining whether to promote a student in grade three to grade four, a school district shall place significant weight on any reading deficiency identified pursuant to subsection 1, paragraph “a”, that is not yet remediated. The school district shall also weigh the student’s progress in other subject areas, as well as the student’s overall intellectual, physical, emotional, and social development. A decision to retain a student in grade three shall be made only after direct personal consultation with the student’s parent or guardian and after the formulation of a specific plan of action to remedy the student’s reading deficiency.
   4.  Ensuring continuous improvement in reading proficiency.
   a.  To ensure all children are reading proficiently by the end of third grade, each school district shall address reading proficiency as part of its comprehensive school improvement plan, drawing upon information about children from assessments conducted pursuant to subsection 1 and the prevalence of deficiencies identified by classroom, elementary school, and other student characteristics. As part of its comprehensive school improvement plan, each school district shall review chronic early elementary absenteeism for its impact on literacy development. If more than fifteen percent of an attendance center’s students are not proficient in reading by the end of third grade, the comprehensive school improvement plan shall include strategies to reduce that percentage, including school and community strategies to raise the percentage of students who are proficient in reading.
   b.  Each school district, subject to an appropriation of funds by the general assembly, shall provide professional development services to enhance the skills of elementary teachers in responding to children’s unique reading issues and needs and to increase the use of evidence-based strategies.
   5.  Good cause exemption.
   a.  The school district shall exempt students from the retention and intensive summer reading program requirements of subsection 1, paragraph “c”, for good cause. Good cause exemptions shall be limited to the following:
   (1)  Limited English proficient students who have had less than two years of instruction in an English as a second language program.
   (2)  Students requiring special education whose individualized education program indicates that participation in a locally determined or statewide assessment as provided in section 256.7, subsection 32, is not appropriate, consistent with the requirements of rules adopted by the state board of education for the administration of chapter 256B.
   (3)  Students who demonstrate an acceptable level of performance on an alternative performance measure approved pursuant to section 256.7, subsection 32.
   (4)  Students who demonstrate mastery through a student portfolio under alternative performance measures approved pursuant to section 256.7, subsection 32.
   (5)  Students who have received intensive remediation in reading for two or more years but still demonstrate a deficiency in reading and who were previously retained in kindergarten, grade one, grade two, or grade three. Intensive reading instruction for students so promoted must include an altered instructional day that includes specialized diagnostic information and specific reading strategies for each student. The school district shall assist attendance centers and teachers to implement reading strategies that research has shown to be successful in improving reading among low-performing readers.
   b.  Requests for good cause exemptions from the retention requirement of subsection 1, paragraph “c”, for students described in paragraph “a”, subparagraphs (3) and (4), shall include documentation from the student’s teacher to the school principal that indicates that the promotion of the student is appropriate and is based upon the student’s academic record. Such documentation shall include but not be limited to the individualized education program, if applicable, report card, or student portfolio.
    Sec. 35.  CROSS-AGENCY ASSESSMENT INSTRUMENT PLANNING GROUP.  The department of education and the early childhood Iowa state board shall collaborate to form a cross-agency planning group. Members of the planning group shall include teachers and school leaders, and representatives from the departments of public health, human services, and education, the Iowa early childhood state and area boards, the state board of regents, applicable nonprofit groups, and experts in early childhood assessment and educational assessment. The planning group shall study and select one standard, multidomain assessment instrument for implementation by all school districts for purposes of section 279.60, subsection 1. The instrument shall align with agreed upon state and national curriculum standards. The planning group shall study all costs associated with implementing a universal assessment instrument. The assessment instrument shall be administered at least at the beginning and at the end of the school year to measure student skills and academic growth. The planning group shall submit its findings and recommendations in a report to the general assembly by November 15, 2012.

DIVISION X
SCHOOL INSTRUCTIONAL TIME TASK FORCE
    Sec. 36.  SCHOOL INSTRUCTIONAL TIME TASK FORCE. 
   1.  The director of the department of education shall appoint a school instructional time task force comprised of at least seven members to conduct a study regarding the minimum requirements of the school day and the school year. The study shall include but not be limited to an examination of the following:
   a.  Whether the minimum length of an instructional day should be extended and, if so, whether the instructional day should be extended for all students or for specific groups of students.
   b.  Whether the minimum number of instructional days or hours in a school year should be increased and, if so, whether the minimum number of days or hours in a school year should be increased for all students or for specific groups of students.
   c.  Whether the minimum number of instructional days or hours should be rearranged to result in a shorter summer break, with other days or weeks off throughout the school year.
   d.  Whether the minimum school year should be defined by a number of days or by a number of instructional hours.
   e.  Whether there should be a uniform, statewide start date for the school year that can only be waived for the purpose of implementing an innovative educational program.
   f.  Whether resources necessary to extend the minimum length of an instructional day or the minimum length of a school year are justified when compared to competing education priorities.
   2.  Based upon the examination conducted pursuant to subsection 1, the task force shall design, propose, and establish goals for a pilot project on extending the school day or year to expand instructional time for prekindergarten through grade twelve.
   3.  The appointment of members to the task force shall be made in a manner which provides geographical area representation and complies with sections 69.16, 69.16A, and 69.16C. 
   4.  The task force shall submit its findings, recommendations, and pilot project proposal in a report to the state board of education, the governor, and the general assembly by October 15, 2012. 

DIVISION XI
CLASS SHARING AGREEMENTS
    Sec. 37.  Section 257.11, subsection 3, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  A school district that collaborates with a community college to provide a college-level class that uses an activities-based, project-based, and problem-based learning approach and that is offered through a partnership with a nationally recognized provider of rigorous and innovative science, technology, engineering, and mathematics curriculum for schools, which provider is exempt from taxation under section 501(c)(3) of the Internal Revenue Code, is eligible to receive additional weighting under a supplementary weighting plan adopted pursuant to this subsection.
    Sec. 38.  Section 261E.8, Code Supplement 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  A student enrolled in a career and technical course made available pursuant to subsection 1 is exempt from the proficiency requirements of section 261E.3, subsection 1, paragraph “e”. However, a community college may require a student who applies for enrollment under a district-to-community college sharing or concurrent enrollment program to complete an initial assessment administered by the community college receiving the application to determine the applicant’s readiness to enroll in career and technical coursework, and the community college may deny the enrollment.

DIVISION XII
PRACTITIONER PREPARATION PROGRAM ASSESSMENTS
    Sec. 39.  Section 256.16, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.
  (1)  Administer a basic skills test
 
a preprofessional skills test offered by a nationally recognized testing service to practitioner preparation program admission candidates. Rules adopted shall require institutions to deny admission to the program to any candidate who does not successfully pass the test.
   (2)  Administer, prior to a student’s completion of the practitioner preparation program and subject to the director’s approval, subject assessments designed by a nationally recognized testing service that measure pedagogy and knowledge of at least one subject area; or, a valid and reliable subject-area-specific, performance-based assessment for preservice teacher candidates, centered on student learning. A student shall not successfully complete the program unless the student achieves scores above the twenty-fifth percentile nationally on the assessments administered pursuant to this subparagraph.

DIVISION XIII
KINDERGARTEN REQUIREMENT
    Sec. 40.  Section 299.1A, Code 2011, is amended to read as follows:
   299.1A  Compulsory attendance age.
   1.  A
 
Except as provided in subsection 2, a child who has reached the age of six and is under sixteen years of age by September 15 is of compulsory attendance age. However, if a child enrolled in a school district or accredited nonpublic school reaches the age of sixteen on or after September 15, the child remains of compulsory age until the end of the regular school calendar.
   2.  A child who has reached the age of five by September 15 and who is enrolled in a school district shall be considered to be of compulsory attendance age unless the parent or guardian of the child notifies the school district in writing of the parent’s or guardian’s intent to remove the child from enrollment in the school district.

DIVISION XIV
STATE MANDATE
    Sec. 41.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a school district from the state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.

______________________________
JOHN P. KIBBIE
President of the Senate

______________________________
KRAIG PAULSEN
Speaker of the House

   I hereby certify that this bill originated in the Senate and is known as Senate File 2284, Eighty-fourth General Assembly.

______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2012

______________________________
TERRY E. BRANSTAD
Governor