House File 271
HOUSE FILE
BY FORD
(COMPANION TO SF
112 BY HATCH)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the operations of the state board of
2 education, the department of education, school districts,
3 accredited nonpublic schools, and other state and local
4 agencies with regard to attendance and truancy, academic
5 standards, and related matters.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 2102HH 80
8 kh/cl/14
PAG LIN
1 1 Section 1. SHORT TITLE. This Act shall be known and may
1 2 be cited as the "Education Accountability Act of 2003".
1 3 Sec. 2. Section 256.7, subsection 21, unnumbered paragraph
1 4 1, Code 2003, is amended to read as follows:
1 5 Develop and adopt rules by July 1, 1999, incorporating
1 6 accountability for student achievement into the standards and
1 7 accreditation process described in section 256.11. The rules
1 8 shall provide for all of the following:
1 9 Sec. 3. Section 256.7, subsection 21, Code 2003, is
1 10 amended by adding the following new paragraphs:
1 11 NEW PARAGRAPH. d. A requirement that all school districts
1 12 and accredited nonpublic schools that administer the Iowa test
1 13 of basic skills or the Iowa test of educational development
1 14 annually report to the department and the local community the
1 15 results of the test, including the number of students taking
1 16 the test who are defined by the school district or school as
1 17 advanced, competent, and developmental or nonproficient; the
1 18 number of students exempted from taking the tests and the
1 19 reasons, in general, the students received exemptions; and the
1 20 number of students that failed to take the test due to illness
1 21 or other absence, including those who failed to take the test
1 22 because they have dropped out of school.
1 23 NEW PARAGRAPH. e. Beginning October 1, 2005, a
1 24 requirement that school districts and accredited nonpublic
1 25 schools submit to the department key data area information in
1 26 accordance with the definitions adopted pursuant to subsection
1 27 26, annually as a component of the comprehensive school
1 28 improvement plan required pursuant to this subsection. The
1 29 department's purpose of collecting the data from these key
1 30 areas is to provide the greatest possible insight into the
1 31 needs and condition of the state's students.
1 32 Sec. 4. Section 256.7, Code 2003, is amended by adding the
1 33 following new subsections:
1 34 NEW SUBSECTION. 26. On or by June 30, 2004, adopt rules
1 35 specifying clear, accurate, and unambiguous definitions for
2 1 key data areas, including but not limited to truancy, drop=out
2 2 and graduation rates, expulsion, suspension, excused absence,
2 3 and unexcused absence. A public hearing shall be held in each
2 4 congressional district prior to the adoption of rules by the
2 5 state board pursuant to this subsection.
2 6 NEW SUBSECTION. 27. Adopt rules establishing statewide
2 7 academic standards and expectations for students to advance
2 8 from kindergarten through grade twelve and to graduate from
2 9 high school with a diploma, including, but not limited to,
2 10 adequate grade point averages, subject competencies,
2 11 attendance requirements, demonstrated proficiencies on
2 12 standardized and criterion=referenced tests for grade
2 13 advancement, and completion of minimum core requirements and
2 14 demonstrated proficiency for graduation. The standards
2 15 adopted shall prohibit the practice of social promotion.
2 16 Sec. 5. Section 256.9, Code 2003, is amended by adding the
2 17 following new subsections:
2 18 NEW SUBSECTION. 52. Develop and implement a specific
2 19 process for monitoring compliance with all state and federal
2 20 education laws at the state and school district or school
2 21 levels. The process shall provide for the identification of
2 22 conflicting laws and for resolution of conflicts occurring in
2 23 the laws. If the department fails to implement the process as
2 24 required under this subsection, any aggrieved person may seek
2 25 a writ of mandamus from the district court to compel the
2 26 department to take the action required pursuant to this
2 27 subsection.
2 28 NEW SUBSECTION. 53. Establish by June 30, 2004, to the
2 29 maximum degree possible, procedures for cooperation with area
2 30 education agencies, community colleges, the department of
2 31 human services and its districts, and judicial districts, to
2 32 promote continuity in the delivery of services to students and
2 33 their families.
2 34 Sec. 6. Section 256.11, subsection 10, unnumbered
2 35 paragraph 3, Code 2003, is amended to read as follows:
3 1 The department shall conduct site visits to schools and
3 2 school districts to address accreditation issues identified in
3 3 the desk audit. Such a visit may be conducted by an
3 4 individual departmental consultant or may be a comprehensive
3 5 site visit by a team of departmental consultants and other
3 6 educational professionals. The purpose of a comprehensive
3 7 site visit is to determine that a district is in compliance
3 8 with minimum standards, all applicable federal and state
3 9 eduction laws, and to provide a general assessment of
3 10 educational practices in a school or school district and make
3 11 recommendations with regard to the visit findings for the
3 12 purposes of improving educational practices above the level of
3 13 minimum compliance. The department shall establish a long=
3 14 term schedule of site visits that includes visits of all
3 15 accredited schools and school districts as needed.
3 16 Sec. 7. Section 299.1, Code 2003, is amended to read as
3 17 follows:
3 18 299.1 ATTENDANCE REQUIREMENTS.
3 19 1. Except as provided in section 299.2, the parent,
3 20 guardian, or legal or actual custodian of a child who is of
3 21 compulsory attendance age, shall cause the child to attend
3 22 some public school, an accredited nonpublic school, or
3 23 competent private instruction in accordance with the
3 24 provisions of chapter 299A, during a school year, as defined
3 25 under section 279.10. The board of directors of a public
3 26 school district or the governing body of an accredited
3 27 nonpublic school shall set the number of days of required
3 28 attendance for the schools under its control.
3 29 2. The board of directors of a public or the governing
3 30 body of an accredited nonpublic school may shall, by
3 31 resolution, require attendance for the entire time when the
3 32 schools are in session in any school year and adopt a policy
3 33 or rules relating to the reasons considered to be valid or
3 34 acceptable excuses for absence from school. The policy shall
3 35 provide for the following:
4 1 a. Not more than two unexcused absences or five excused
4 2 absences per semester per student, with the exception of a
4 3 student who suffers from an illness or injury when the illness
4 4 or injury is documented by a physician licensed in accordance
4 5 with chapter 148 or 150A, a physician's assistant, advanced
4 6 registered nurse practitioner, or chiropractor or any other
4 7 person identified by federal or state law as authorized to
4 8 perform physical examinations; or the death of a member of the
4 9 student's immediate family as defined in section 722.11,
4 10 subsection 1; or in case of an emergency or other dire
4 11 necessity, which shall be documented by the school district or
4 12 school building administrative staff and approved by the
4 13 central administrative staff. The number of excused absences
4 14 permitted under this paragraph shall be reduced by the number
4 15 of unexcused absences recorded on behalf of a student.
4 16 b. A written warning after a student's first unexcused
4 17 absence, which shall be sent by the school district or school
4 18 to the student's parent, guardian, or legal or actual
4 19 custodian, and shall explain the consequences and penalties
4 20 specified under this chapter for failure to attend and failure
4 21 to cause the child's attendance.
4 22 c. Referral of the matter to the county attorney for
4 23 mediation or prosecution in accordance with sections 299.5A,
4 24 299.6, 299.6A, and 299.13, if the student accumulates three or
4 25 more unexcused absences. The school district or school shall
4 26 send notice of the referral by certified mail to the parent,
4 27 guardian, or legal or actual custodian of the child. If the
4 28 school district or school fails to refer the matter to the
4 29 county attorney, or the county attorney fails to act on the
4 30 referral, the state board or the department, a school
4 31 district, the authorities in charge of an accredited nonpublic
4 32 school, or the parent, guardian, or legal or actual custodian
4 33 of the child deemed truant by the school district or school
4 34 may seek a writ of mandamus from the district court to compel
4 35 the school district or school or the county attorney to take
5 1 the actions required pursuant to this chapter.
5 2 Sec. 8. Section 299.1B, Code 2003, is amended to read as
5 3 follows:
5 4 299.1B FAILURE TO ATTEND == LOSS OF DRIVER'S LICENSE.
5 5 A person who does not attend a public school, an accredited
5 6 nonpublic school, competent private instruction in accordance
5 7 with the provisions of chapter 299A, an alternative school, or
5 8 an adult education classes, or who is not employed at least
5 9 twenty hours per week class shall not receive a motor vehicle
5 10 operator's license until age eighteen. A person under age
5 11 eighteen who has been issued a motor vehicle operator's
5 12 license who does not attend a public school, an accredited
5 13 nonpublic school, competent private instruction in accordance
5 14 with the provisions of chapter 299A, an alternative school, or
5 15 an adult education classes class, shall surrender the license
5 16 and be issued a temporary restricted license under section
5 17 321.215.
5 18 Sec. 9. EDUCATION STUDIES.
5 19 1. a. An attendance=based state school aid committee is
5 20 established within the department of education to advise and
5 21 make recommendations to the general assembly and the governor
5 22 regarding the feasibility, benefits, and consequences of
5 23 converting from an enrollment=based state school foundation
5 24 aid formula to an attendance=based state school foundation aid
5 25 formula. The committee shall include in the study a review of
5 26 possible sanctions for failure of a school district to
5 27 maintain accurate attendance records and a review of
5 28 attendance=based state school foundation aid formulas used by
5 29 other states and their levels of success in achieving higher
5 30 daily attendance figures.
5 31 b. The committee shall consist of nine members. The
5 32 governor shall appoint three members. Six members shall be
5 33 appointed by the general assembly, three from each chamber,
5 34 with no more than two appointed from the same political party
5 35 in each chamber. Each member shall serve a one=year term.
6 1 The director of the department of education or the director's
6 2 designee shall serve as an ex officio member of the committee
6 3 and shall serve as the nonvoting chair of the committee. The
6 4 members of the committee are entitled to receive reimbursement
6 5 for actual expenses incurred while engaged in the performance
6 6 of the duties of the committee. The members may also be
6 7 eligible to receive compensation as provided in section 7E.6.
6 8 2. a. An education law enforcement advisory committee is
6 9 established within the department of education to advise and
6 10 make recommendations to the general assembly and the governor
6 11 regarding sanctions for failure of a school district or
6 12 accredited nonpublic school to comply with federal and state
6 13 education laws.
6 14 b. The committee shall consist of nine members. The
6 15 governor shall appoint three members. One member shall be the
6 16 attorney general or the attorney general's designee. One
6 17 member shall be the director of the department of education or
6 18 the director's designee. Four members shall be appointed by
6 19 the general assembly, two from each chamber, with no more than
6 20 one appointed from the same political party in each chamber.
6 21 Each member shall serve a one=year term. The director of the
6 22 department of education, or the director's designee, shall
6 23 serve as the chair of the committee. The members of the
6 24 committee are entitled to receive reimbursement for actual
6 25 expenses incurred while engaged in the performance of the
6 26 duties of the committee. The members may also be eligible to
6 27 receive compensation as provided in section 7E.6.
6 28 3. Each committee shall submit its findings and
6 29 recommendations in a report to the senate and house standing
6 30 committees on education and the joint appropriations
6 31 subcommittee on education by December 15, 2004.
6 32 Sec. 10. STATE MANDATE FUNDING SPECIFIED. In accordance
6 33 with section 25B.2, subsection 3, the state cost of requiring
6 34 compliance with any state mandate included in this Act shall
6 35 be paid by a school district from state school foundation aid
7 1 received by the school district under section 257.16. This
7 2 specification of the payment of the state cost shall be deemed
7 3 to meet all the state funding=related requirements of section
7 4 25B.2, subsection 3, and no additional state funding shall be
7 5 necessary for the full implementation of this Act by and
7 6 enforcement of this Act against all affected school districts.
7 7 EXPLANATION
7 8 This bill, titled the "Education Accountability Act of
7 9 2003", requires the state board of education and the
7 10 department of education to define key data areas, requires the
7 11 establishment of statewide academic standards, requires school
7 12 districts and accredited nonpublic schools to require
7 13 attendance for the entire time when the schools are in session
7 14 in any school year, requires the department to conduct a study
7 15 of attendance=based state school aid and to monitor compliance
7 16 with federal and state education laws, establishes an
7 17 education law enforcement advisory committee within the
7 18 department to advise and make recommendations to the general
7 19 assembly and the governor regarding sanctions for failure by a
7 20 school district or accredited nonpublic school to comply with
7 21 federal and state education laws, requires school districts
7 22 and schools that administer the Iowa test of basic skills and
7 23 the Iowa test of educational development to report their
7 24 scores to the department and their local communities, and
7 25 requires the department to cooperate with other state and
7 26 local agencies to promote continuity of service to students
7 27 and their families.
7 28 STATE BOARD OF EDUCATION. The bill requires the state
7 29 board to adopt rules specifying clear, accurate, and
7 30 unambiguous definitions for key data areas, including but not
7 31 limited to truancy, drop=out and graduation rates, expulsion,
7 32 suspension, excused absence, and unexcused absence, and to
7 33 hold public hearings in each congressional district prior to
7 34 the adoption of the rules; to adopt rules establishing
7 35 statewide academic standards and expectations for students to
8 1 advance from kindergarten through grade 12 and to graduate
8 2 from high school with a diploma, and to establish a
8 3 requirement that all school districts and accredited nonpublic
8 4 schools that administer the Iowa test of basic skills or the
8 5 Iowa test of educational development annually report the test
8 6 results to the department and the local community.
8 7 DEPARTMENT OF EDUCATION. The bill requires the director of
8 8 the department to develop and implement a specific process for
8 9 monitoring compliance with all state and federal education
8 10 laws at the state and school district or school levels. If
8 11 the department fails to implement the process, the bill allows
8 12 any aggrieved person to seek a writ of mandamus from the
8 13 district court to compel the state board to take the action.
8 14 The bill expands the purpose of the comprehensive school
8 15 accreditation site visit to include determination of whether a
8 16 district is in compliance with all applicable federal and
8 17 state education laws. The bill also requires the director to
8 18 establish by June 30, 2004, to the maximum degree possible,
8 19 cooperation with area education agencies, community colleges,
8 20 the department of human services and its districts, and
8 21 judicial districts to promote continuity in the delivery of
8 22 services to students and their families.
8 23 SCHOOL DISTRICTS AND SCHOOLS. The bill requires school
8 24 districts and accredited nonpublic schools, beginning October
8 25 1, 2005, to submit key data area information to the department
8 26 annually as a component of their comprehensive school
8 27 improvement plans.
8 28 TRUANCY REQUIREMENTS. The bill directs school districts
8 29 and accredited nonpublic schools to require attendance for the
8 30 entire time schools are in session in any school year and to
8 31 adopt a policy or rules relating to the reasons considered to
8 32 be valid or acceptable excuses for absence from school. Under
8 33 the bill, the policy must provide for not more than two
8 34 unexcused absences or five excused absences per semester per
8 35 student. The number of excused absences must be reduced by
9 1 the number of unexcused absences a student has on record.
9 2 After the first unexcused absence, the school must send
9 3 written warning to the truant student's parent or guardian.
9 4 The school district or school must refer the matter to the
9 5 county attorney if the student accumulates three or more
9 6 unexcused absences. If the school district or school fails to
9 7 refer the matter, or the county attorney fails to act, the
9 8 state board or the department, the school district or school,
9 9 or the parent or guardian may seek a writ of mandamus.
9 10 FAILURE TO ATTEND == LOSS OF DRIVER'S LICENSE. The bill
9 11 strikes a provision that currently allows a person who is
9 12 under age 18 and who works at least 20 hours per week, but who
9 13 does not attend a public school, an accredited nonpublic
9 14 school, competent private instruction, or an alternative
9 15 school, to attain and keep a motor vehicle license.
9 16 EDUCATION STUDIES. The bill establishes an attendance=
9 17 based state school aid committee within the department of
9 18 education to advise and make recommendations to the general
9 19 assembly and the governor regarding the feasibility, benefits,
9 20 and consequences of converting from an enrollment=based state
9 21 school foundation aid formula to an attendance=based state
9 22 school foundation aid formula. The bill also establishes an
9 23 education law enforcement advisory committee within the
9 24 department to advise and make recommendations to the general
9 25 assembly and the governor regarding sanctions for failure by a
9 26 school district or accredited nonpublic school to comply with
9 27 federal and state education laws. Committee findings and
9 28 recommendations are due to the senate and house standing
9 29 committees on education and the joint appropriations
9 30 subcommittee on education by December 15, 2004.
9 31 STATE MANDATE. The bill may include a state mandate as
9 32 defined in Code section 25B.3. The bill requires that the
9 33 state cost of any state mandate included in the bill be paid
9 34 by a school district from state school foundation aid received
9 35 by the school district under Code section 257.16. The
10 1 specification is deemed to constitute state compliance with
10 2 any state mandate funding=related requirements of Code section
10 3 25B.2. The inclusion of this specification is intended to
10 4 reinstate the requirement of political subdivisions to comply
10 5 with any state mandates included in the bill.
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