House File 2380 - Introduced HOUSE FILE 2380 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 517) A BILL FOR An Act relating to programs and activities under the purview of 1 the department of education, the state board of education, 2 the board of educational examiners, school districts, 3 and accredited nonpublic schools; and providing for the 4 retention of certain fees and for the use of certain funds. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5398HV (2) 84 kh/rj
H.F. 2380 DIVISION I 1 COMPETENCY-BASED INSTRUCTION 2 Section 1. COMPETENCY-BASED INSTRUCTION TASK FORCE. 3 1. The superintendents of the school districts that have 4 been approved by the department of education to implement 5 competency-based instruction shall appoint a task force 6 to conduct a study regarding competency-based instruction 7 standards and options and the integration of competency-based 8 instruction with the Iowa core curriculum, and to develop 9 related assessment models and professional development focused 10 on competency-based instruction. 11 2. At a minimum, the task force shall do all of the 12 following: 13 a. Redefine the Carnegie unit into competencies. 14 b. Construct personal learning plans and templates. 15 c. Develop student-centered accountability and assessment 16 models. 17 d. Empower learning through technology. 18 e. Develop supports and professional development for 19 educators to transition to a competency-based system. 20 3. a. The task force shall be comprised of at least sixteen 21 members, nine of whom shall represent education stakeholders 22 and practitioners knowledgeable about the Iowa core curriculum; 23 one of whom shall be the deputy director and administrator 24 of the division of learning and results of the department 25 of education or the deputy director’s designee; one of whom 26 shall represent the area education agencies; one of whom shall 27 represent the Iowa state education association; and four of 28 whom shall represent the general assembly. 29 b. The four members of the general assembly shall serve as 30 ex officio, nonvoting members. One representative shall be 31 appointed by the speaker of the house of representatives, one 32 representative shall be appointed by the minority leader of the 33 house of representatives, one senator shall be appointed by 34 the majority leader of the senate after consultation with the 35 -1- LSB 5398HV (2) 84 kh/rj 1/ 81
H.F. 2380 president of the senate, and one senator shall be appointed by 1 the minority leader of the senate. 2 4. The person representing the area education agency shall 3 convene the initial meeting. The task force shall elect one 4 of its members as chairperson. After the initial meeting, the 5 task force shall meet at the time and place specified by call 6 of the chairperson. The department of education shall provide 7 staffing services for the task force. 8 5. The task force shall submit its plan, findings, models, 9 and recommendations in a final report to the state board of 10 education, the governor, and the general assembly by January 11 15, 2013. 12 Sec. 2. COMPETENCY-BASED EXEMPTION REQUEST —— EXTENSION 13 FOR 2012-2013 SCHOOL YEAR. The board of directors of a school 14 district or the authorities in charge of a nonpublic school 15 shall have until May 1, 2012, to submit a request for an 16 exemption from the educational program to the director of the 17 department of education in accordance with section 256.11, 18 subsection 8, to create, beginning with the 2012-2013 school 19 year, competency-based pathways for students that use standards 20 and evidence as the baseline for competency determinations and 21 bases advancement and credit on what students know or are able 22 to do rather than on time spent in the classroom. 23 Sec. 3. EFFECTIVE UPON ENACTMENT. This division of this 24 Act, being deemed of immediate importance, takes effect upon 25 enactment. 26 DIVISION II 27 CORE CURRICULUM FRAMEWORK AND CORE CONTENT STANDARDS 28 Sec. 4. Section 256.7, subsection 26, paragraph a, Code 29 Supplement 2011, is amended to read as follows: 30 a. Adopt rules that establish a core curriculum and high 31 school graduation requirements for all students in school 32 districts and accredited nonpublic schools that include at a 33 minimum satisfactory completion of four years of English and 34 language arts, three years of mathematics, three years of 35 -2- LSB 5398HV (2) 84 kh/rj 2/ 81
H.F. 2380 science, and three years of social studies. 1 (1) The rules establishing high school graduation 2 requirements shall authorize a school district or 3 accredited nonpublic school to consider that any student who 4 satisfactorily completes a high school-level unit of English 5 or language arts, mathematics, science, or social studies has 6 satisfactorily completed a unit of the high school graduation 7 requirements for that area as specified in this lettered 8 paragraph “a” , and shall authorize the school district or 9 accredited nonpublic school to issue high school credit for the 10 unit to the student. 11 (2) The rules establishing a core curriculum shall address 12 the core content standards in subsection 28 and the skills and 13 knowledge students need to be successful in the twenty-first 14 century . The core curriculum shall include , including but not 15 limited to English and language arts, mathematics, science, 16 social studies and twenty-first century learning skills 17 which include but are not limited to , music and other fine 18 arts, applied arts, foreign languages, physical education, 19 entrepreneurship education, civic literacy, health literacy, 20 technology literacy, financial literacy, and employability 21 skills; and shall address the curricular needs of students 22 in kindergarten through grade twelve in those areas. The 23 department shall further define the twenty-first century 24 learning skills components by rule. 25 Sec. 5. Section 256.9, Code Supplement 2011, is amended by 26 adding the following new subsections: 27 NEW SUBSECTION . 62. Appoint members to the core curriculum 28 framework and core content standards advisory council 29 established in section 256.41. The director may establish 30 objectives for the council in accordance with section 256.41. 31 NEW SUBSECTION . 63. a. Create and disseminate to school 32 districts, charter schools, and accredited nonpublic schools 33 a model curriculum that is directly tied to the goals, 34 outcomes, and assessment strategies identified in the core 35 -3- LSB 5398HV (2) 84 kh/rj 3/ 81
H.F. 2380 content standards. The model curriculum shall identify a 1 developmentally appropriate scope and sequence of instruction 2 applicable to the core content standards, instructional 3 material resources, and teaching and assessment strategies. 4 The model curriculum shall provide guidance to school districts 5 and schools and expand on the core content standards. The 6 model curriculum shall be modified as necessary to incorporate 7 the core curriculum framework developed pursuant to paragraph 8 “b” . 9 b. Develop by July 1, 2015, a core curriculum framework 10 aligned to the core curriculum standards established pursuant 11 to section 256.7, subsection 26. 12 Sec. 6. NEW SECTION . 256.41 Core curriculum framework and 13 core content standards advisory council. 14 1. A core curriculum framework and core content standards 15 advisory council is established under the department. 16 2. The advisory council shall consist of no less than seven 17 members appointed by the director in accordance with sections 18 69.16, 69.16A, and 69.16C. Members shall serve at the pleasure 19 of the director. 20 3. The department is the primary agency responsible for 21 providing administrative personnel and services for the 22 advisory council. 23 4. Members shall elect a chair annually and other officers 24 as the members determine. Members shall establish rules of 25 procedure for the advisory council. 26 5. The advisory council shall meet at least quarterly and at 27 the call of the chair. 28 6. Members of the advisory council shall serve without 29 compensation but may be reimbursed for actual expenses incurred 30 in the performance of their duties. 31 7. The advisory council shall review the core curriculum, 32 the core content standards, and the model curriculum adopted 33 pursuant to section 256.7, subsections 26, 28, and 63 upon 34 request of the director and make recommendations to the 35 -4- LSB 5398HV (2) 84 kh/rj 4/ 81
H.F. 2380 director regarding a core curriculum framework and any 1 necessary changes to the core curriculum content standards and 2 model curriculum. In making recommendations, the advisory 3 council shall seek to further the goals of the core content 4 standards and any objectives established by the director. 5 DIVISION III 6 TEACHER AND ADMINISTRATOR PERFORMANCE 7 Sec. 7. Section 256.7, Code Supplement 2011, is amended by 8 adding the following new subsection: 9 NEW SUBSECTION . 31. a. By January 1, 2013, adopt rules 10 establishing Iowa teaching and administration standards 11 that are aligned with best practices and nationally accepted 12 standards. 13 b. By July 1, 2013, adopt by rule statewide teacher 14 evaluation system and statewide administrator evaluation system 15 pilot programs which shall be implemented during the 2013-2014 16 school year. This paragraph is repealed July 1, 2015. 17 Sec. 8. Section 256.9, Code Supplement 2011, is amended by 18 adding the following new subsection: 19 NEW SUBSECTION . 64. a. Develop a statewide teacher 20 evaluation system and a statewide administrator evaluation 21 system that school districts, charter schools, and accredited 22 nonpublic schools shall use to standardize the instruments 23 and processes used to evaluate teachers and administrators 24 throughout the state. However, a charter school or accredited 25 nonpublic school may develop and submit to the department for 26 approval an alternative teacher evaluation system that meets 27 local and state educational goals. Upon receiving approval 28 from the department, the charter school or accredited nonpublic 29 school may adopt and implement the approved alternative teacher 30 evaluation system in lieu of the statewide teacher evaluation 31 system. 32 b. The components of the statewide teacher evaluation system 33 shall include but not be limited to the following: 34 (1) Direct observation of classroom teaching behaviors. 35 -5- LSB 5398HV (2) 84 kh/rj 5/ 81
H.F. 2380 (2) Strong consideration of student outcome measures, when 1 available for tested subjects and grades, to validate direct 2 observation of classroom teaching behaviors. 3 (3) Integration of the Iowa teaching standards. 4 (4) System applicability to teachers in all content areas 5 taught in a school. 6 Sec. 9. Section 284.3, Code 2011, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 4. This section is repealed July 1, 2013. 9 Sec. 10. Section 284.4, subsection 1, paragraph e, Code 10 2011, is amended to read as follows: 11 e. (1) Adopt a teacher evaluation plan that, at minimum, 12 requires a an annual performance review of teachers in the 13 district at least once every three years based upon the Iowa 14 teaching standards and individual professional development 15 plans in accordance with section 284.8 , and requires 16 administrators to complete evaluator training in accordance 17 with section 284.10 . 18 (2) Adopt, by July 1, 2013, the statewide teacher evaluation 19 system developed pursuant to section 256.9, subsection 64. 20 However, the school district may develop and submit to the 21 department for approval an alternative teacher evaluation 22 system that meets local and state educational goals. In lieu 23 of the statewide teacher evaluation system, the school district 24 may adopt and implement the alternative teacher evaluation 25 system upon receiving approval from the department. 26 Sec. 11. Section 284.8, subsections 1 and 2, Code 2011, are 27 amended to read as follows: 28 1. A school district shall provide for an annual 29 review a of each teacher’s performance at least once every 30 three years for purposes of assisting teachers in making 31 continuous improvement, documenting continued competence in 32 the Iowa teaching standards, identifying teachers in need of 33 improvement, or to determine whether the teacher’s practice 34 meets school district expectations for career advancement in 35 -6- LSB 5398HV (2) 84 kh/rj 6/ 81
H.F. 2380 accordance with section 284.7 . The review shall be conducted 1 by at least one evaluator certified in accordance with section 2 284.10, and shall include, at minimum, classroom observation 3 of the teacher, the teacher’s progress, and implementation of 4 the teacher’s individual professional development plan, subject 5 to the level of resources provided to implement the plan; and 6 shall include supporting documentation from parents, students, 7 and other teachers. 8 2. If , as a result of a review conducted pursuant to 9 subsection 1, a supervisor or an evaluator determines , at any 10 time, as a result of a teacher’s performance that the a teacher 11 is not meeting district expectations under the Iowa teaching 12 standards specified in section 284.3, subsection 1 , paragraphs 13 “a” through “h” established by the state board by rule , the 14 criteria for the Iowa teaching standards developed by the 15 department in accordance with section 256.9, subsection 46 , and 16 any other standards or criteria established in the collective 17 bargaining agreement, the evaluator shall, at the direction of 18 the teacher’s supervisor, recommend to the district that the 19 teacher participate in an intensive assistance program. The 20 intensive assistance program and its implementation are subject 21 to negotiation and grievance procedures established pursuant to 22 chapter 20 . All school districts shall be prepared to offer an 23 intensive assistance program. 24 Sec. 12. Section 284A.7, Code 2011, is amended to read as 25 follows: 26 284A.7 Evaluation requirements for administrators. 27 1. A school district shall conduct an annual evaluation 28 of an administrator who holds a professional administrator 29 license issued under chapter 272 at least once every three 30 years chapter 256 for purposes of assisting the administrator 31 in making continuous improvement, documenting continued 32 competence in the Iowa standards for school administrators 33 adopted pursuant to section 256.7, subsection 27 , or to 34 determine whether the administrator’s practice meets school 35 -7- LSB 5398HV (2) 84 kh/rj 7/ 81
H.F. 2380 district expectations. The review shall include, at a minimum, 1 an assessment of the administrator’s competence in meeting 2 the Iowa standards for school administrators and the goals of 3 the administrator’s individual professional development plan, 4 including supporting documentation or artifacts aligned to the 5 Iowa standards for school administrators and the individual 6 administrator’s professional development plan. 7 2. Adopt the statewide administrator evaluation system 8 developed pursuant to section 256.9, subsection 64. However, 9 the school district may develop and submit to the department 10 for approval an alternative administrator evaluation system 11 that meets local and state educational goals. In lieu of 12 the statewide administrator evaluation system, the school 13 district may adopt and implement the alternative administrator 14 evaluation system upon receiving approval from the department. 15 Sec. 13. STATEWIDE EDUCATOR EVALUATION SYSTEM TASK 16 FORCE. The director of the department of education shall 17 appoint, and provide staffing services for, a task force to 18 conduct a study regarding a statewide teacher evaluation 19 system and a statewide administrator evaluation system. The 20 study of a statewide teacher evaluation system shall include a 21 review of student outcome measures described in section 256.9, 22 subsection 64, paragraph “b”, subparagraph (2). To the extent 23 possible, appointments shall be made to provide geographical 24 area representation and to comply with sections 69.16, 69.16A, 25 and 69.16C. The task force, at a minimum, shall include in its 26 recommendations and proposal a tiered evaluation system that 27 differentiates ineffective, minimally effective, effective, and 28 highly effective performance by teachers and administrators. 29 The task force shall submit its findings, recommendations, and 30 a proposal for each system to the state board of education and 31 the general assembly by October 15, 2012. By November 26, 32 2012, the department of education shall submit a departmental 33 bill drafting request to the legislative services agency 34 in bill draft format making specific and detailed proposed 35 -8- LSB 5398HV (2) 84 kh/rj 8/ 81
H.F. 2380 amendments to the Code of Iowa necessary to advance the 1 proposed task force recommendations as approved by the state 2 board of education. 3 Sec. 14. TEACHER PERFORMANCE, COMPENSATION, AND CAREER 4 DEVELOPMENT TASK FORCE. 5 1. The director of the department of education shall 6 appoint, and provide staffing services for, a teacher 7 performance, compensation, and career development task force 8 to develop recommendations for a new teacher compensation 9 system to replace the current teacher compensation system which 10 addresses, at a minimum, the following: 11 a. The duties and responsibilities of apprentice, career, 12 mentor, and master teachers. 13 b. Utilizing retired teachers as mentors. 14 c. Strategic and meaningful uses of finite resources and the 15 realignment of resources currently available. 16 d. Mechanisms to substantially increase the average salary 17 of teachers who assume leadership roles within the profession. 18 e. Standardizing implementation of task force 19 recommendations in all of Iowa’s school districts and public 20 charter schools. 21 2. The director of the department of education shall appoint 22 and provide staffing services for a task force whose members 23 shall represent teachers, parents, school administrators, 24 and business and community leaders. Insofar as practicable, 25 appointments shall be made to provide geographical area 26 representation and to comply with sections 69.16, 69.16A, and 27 69.16C. 28 3. The state board of education shall consider the findings 29 and recommendations of the task force when adopting rules 30 establishing Iowa teaching standards pursuant to this Act. 31 4. The task force shall submit its findings and 32 recommendations in a report to the state board of education, 33 the governor, and the general assembly by October 15, 2012. 34 Sec. 15. REPEAL. Section 284.14A, Code 2011, is repealed. 35 -9- LSB 5398HV (2) 84 kh/rj 9/ 81
H.F. 2380 Sec. 16. EFFECTIVE UPON ENACTMENT. The sections of 1 this division of this Act providing for the appointment of 2 the statewide educator evaluation system task force and the 3 appointment of the teacher performance, compensation, and 4 career development task force, being deemed of immediate 5 importance, take effect upon enactment. 6 Sec. 17. FUTURE CONTINGENT REPEAL AND USE OF EVALUATION 7 SYSTEMS. 8 1. Section 256.7, subsection 31, and section 256.9, 9 subsection 64, as enacted in this division of this Act, are 10 repealed if the general assembly fails to enact legislation 11 providing for the establishment of a statewide teacher 12 evaluation system and a statewide administrator evaluation 13 system during the 2013 Regular Session of the Eighty-fifth 14 General Assembly, effective July 1, 2013. 15 2. Notwithstanding the sections of this division of 16 this Act amending sections 284.3, 284.8, and 284A.7, if the 17 general assembly fails to enact legislation providing for the 18 establishment of a statewide teacher evaluation system and 19 a statewide administrator evaluation system during the 2013 20 Regular Session of the Eighty-fifth General Assembly, effective 21 July 1, 2013, all school districts shall continue to use the 22 teacher and administrator evaluation systems in place on June 23 30, 2013. 24 DIVISION IV 25 INNOVATION ACCELERATION PROGRAM —— FUND 26 Sec. 18. NEW SECTION . 256.65 Innovation acceleration 27 program —— fund. 28 1. An innovation acceleration program is established 29 in the department to be administered by the department to 30 provide competitive grants to applicants with a record of 31 improving student achievement and educational attainment in 32 order to expand the implementation of, and investment in, 33 innovative practices that are demonstrated to have an impact 34 on improving student achievement or student growth, closing 35 -10- LSB 5398HV (2) 84 kh/rj 10/ 81
H.F. 2380 achievement gaps, decreasing dropout rates, increasing parental 1 involvement, increasing attendance rates, increasing high 2 school graduation rates, or increasing college and career 3 program enrollment and completion rates. The state board shall 4 adopt rules relating to applicant eligibility, application 5 procedures, and awarding of grants. 6 2. The program shall be designed to enable grantees to 7 accomplish all of the following: 8 a. Expand and develop innovative practices that can serve as 9 models of best practices. 10 b. Work in partnership with the private sector, 11 community-based organizations, and the philanthropic community. 12 c. Identify and document best practices that can be shared 13 and expanded based on demonstrated success. 14 3. An innovation acceleration fund is created in the state 15 treasury under the control of the department. The fund shall 16 be administered by the director and shall consist of all moneys 17 deposited in the fund, including any moneys appropriated by the 18 general assembly and any other moneys available to and obtained 19 or accepted by the department from local, state, federal, or 20 private sources for purposes of the innovation acceleration 21 program. Notwithstanding section 8.33, moneys in the fund at 22 the end of a fiscal year shall not revert to the general fund 23 of the state. Notwithstanding section 12C.7, subsection 2, 24 interest or earnings on moneys in the fund shall be credited 25 to the fund. 26 DIVISION V 27 ONLINE LEARNING 28 Sec. 19. Section 256.7, subsection 8, Code Supplement 2011, 29 is amended to read as follows: 30 8. Rules adopted under this section shall provide that 31 telecommunications , which for purposes of this chapter shall 32 include coursework delivered online, as appropriate, shall 33 not be used by school districts as the exclusive means to 34 provide any course which is required by the minimum educational 35 -11- LSB 5398HV (2) 84 kh/rj 11/ 81
H.F. 2380 standards for accreditation. 1 Sec. 20. Section 257.6, subsection 1, paragraph a, 2 subparagraph (5), Code 2011, is amended to read as follows: 3 (5) (a) Resident pupils receiving competent private 4 instruction from a licensed practitioner provided through a 5 public school district pursuant to chapter 299A , and resident 6 pupils receiving coursework delivered online, shall be counted 7 as three-tenths of one pupil. Revenues received by a school 8 district attributed to a school district’s weighted enrollment 9 pursuant to this subparagraph shall be expended for the purpose 10 for which the weighting was assigned under this subparagraph. 11 (b) If the school district determines that the expenditures 12 associated with providing competent private instruction 13 pursuant to chapter 299A are in excess of the revenue 14 attributed to the school district’s weighted enrollment for 15 such instruction in accordance with this subparagraph, the 16 school district may submit a request to the school budget 17 review committee for modified allowable growth in accordance 18 with section 257.31, subsection 5 , paragraph “n” . A home school 19 assistance program shall not provide moneys received pursuant 20 to this subparagraph, nor resources paid for with moneys 21 received pursuant to this subparagraph, to parents or students 22 utilizing the program. Moneys received by a school district 23 pursuant to this subparagraph shall be used as provided in 24 section 299A.12 . 25 DIVISION VI 26 EDUCATIONAL STANDARDS EXEMPTIONS 27 Sec. 21. Section 256.11, subsection 8, Code 2011, is amended 28 to read as follows: 29 8. a. Upon request of the board of directors of a 30 public school district or the authorities in charge of a 31 nonpublic school, the director may, for a number of years to 32 be specified by the director, grant the district board or the 33 authorities in charge of the nonpublic school exemption from 34 one or more of the requirements of the educational program 35 -12- LSB 5398HV (2) 84 kh/rj 12/ 81
H.F. 2380 specified in subsection 5 this section . The exemption may be 1 renewed. Exemptions shall be granted only if the director 2 deems that the request made is an essential part of a planned 3 innovative curriculum project which the director determines 4 will adequately meet the educational needs and interests of 5 the pupils and be broadly consistent with the intent of the 6 educational program as defined in subsection 5 this section . 7 The request for exemption shall include all of the following: 8 a. (1) Rationale of the project to include supportive 9 research evidence. 10 b. (2) Objectives of the project. 11 c. (3) Provisions for administration and conduct of the 12 project, including the use of personnel, facilities, time, 13 techniques, and activities. 14 d. (4) Plans for evaluation of the project by testing 15 and observational measures of pupil progress in reaching the 16 objectives. 17 e. (5) Plans for revisions of the project based on 18 evaluation measures. 19 f. (6) Plans for periodic reports to the department. 20 g. (7) The estimated cost of the project. 21 b. Upon request of the board of directors of a public 22 school district, the director may, for a number of years to be 23 specified by the director, grant the district board exemption 24 from one or more of the requirements of the educational program 25 specified in this section if the school district complies with 26 the requirements set forth in section 256F.4, subsection 2, 27 paragraphs “a” through “m” , the request for exemption includes 28 the components specified in paragraph “a” , subparagraphs (1) 29 through (7), and the director deems that the request made is an 30 essential part of a planned innovative curriculum project which 31 the director determines will adequately meet the educational 32 needs and interests of the pupils and be broadly consistent 33 with the intent of the educational program as defined in this 34 section. 35 -13- LSB 5398HV (2) 84 kh/rj 13/ 81
H.F. 2380 c. The director shall submit a report by February 1, 1 annually, to the state board, the governor, and the general 2 assembly that lists all of the exemptions granted pursuant to 3 this subsection and the reasons for which each exemption was 4 granted by the director. 5 DIVISION VII 6 EDUCATION JOB OPENINGS POSTING 7 Sec. 22. Section 256.9, Code Supplement 2011, is amended by 8 adding the following new subsection: 9 NEW SUBSECTION . 70. Maintain, on the department’s internet 10 site, education job openings which shall be submitted by school 11 districts, area education agencies, charter schools, and 12 accredited nonpublic schools for posting. 13 DIVISION VIII 14 CLASS SHARING AGREEMENTS 15 Sec. 23. Section 257.11, subsection 3, Code 2011, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . c. A school district that collaborates with 18 a community college to provide a college-level class that uses 19 an activities-based, project-based, and problem-based learning 20 approach and that is offered through a partnership with a 21 nationally recognized provider of rigorous and innovative 22 science, technology, engineering, and mathematics curriculum 23 for schools, which provider is exempt from taxation under 24 section 501(c)(3) of the Internal Revenue Code, is eligible to 25 receive additional weighting under a supplementary weighting 26 plan adopted pursuant to this subsection. 27 Sec. 24. Section 261E.8, Code Supplement 2011, is amended by 28 adding the following new subsection: 29 NEW SUBSECTION . 6A. A student enrolled in a career and 30 technical course made available pursuant to subsection 1 is 31 exempt from the proficiency requirements of section 261E.3, 32 subsection 1, paragraph “e” . However, a community college 33 may require a student who applies for enrollment under a 34 district-to-community college sharing or concurrent enrollment 35 -14- LSB 5398HV (2) 84 kh/rj 14/ 81
H.F. 2380 program to complete an initial assessment administered by 1 the community college receiving the application to determine 2 the applicant’s readiness to enroll in career and technical 3 coursework, and the community college may deny the enrollment. 4 DIVISION IX 5 SCHOOL INSTRUCTIONAL TIME TASK FORCE 6 Sec. 25. SCHOOL INSTRUCTIONAL TIME TASK FORCE. 7 1. The director of the department of education shall 8 appoint a school instructional time task force comprised of at 9 least seven members to conduct a study regarding the minimum 10 requirements of the school day and the school year. The study 11 shall include but not be limited to an examination of the 12 following: 13 a. Whether the minimum length of an instructional day should 14 be extended and, if so, whether the instructional day should be 15 extended for all students or for specific groups of students. 16 b. Whether the minimum number of instructional days or 17 hours in a school year should be increased and, if so, whether 18 the minimum number of days or hours in a school year should be 19 increased for all students or for specific groups of students. 20 c. Whether the minimum number of instructional days or hours 21 should be rearranged to result in a shorter summer break, with 22 other days or weeks off throughout the school year. 23 d. Whether the minimum school year should be defined by a 24 number of days or by a number of instructional hours. 25 e. Whether there should be a uniform, statewide start date 26 for the school year that can only be waived for the purpose of 27 implementing an innovative educational program. 28 f. Whether resources necessary to extend the minimum length 29 of an instructional day or the minimum length of a school year 30 are justified when compared to competing education priorities. 31 2. The appointment of members to the task force shall 32 be made in a manner which provides geographical area 33 representation and complies with sections 69.16, 69.16A, and 34 69.16C. 35 -15- LSB 5398HV (2) 84 kh/rj 15/ 81
H.F. 2380 3. The task force shall submit its findings and 1 recommendations in a report to the state board of education, 2 the governor, and the general assembly by October 15, 2012. 3 DIVISION X 4 ASSESSMENTS 5 Sec. 26. Section 256.7, subsection 21, paragraph c, Code 6 Supplement 2011, is amended to read as follows: 7 c. A requirement that all school districts and accredited 8 nonpublic schools annually report to the department and the 9 local community the district-wide progress made in attaining 10 student achievement goals on the academic and other core 11 indicators and the district-wide progress made in attaining 12 locally established student learning goals. The Use by school 13 districts and accredited nonpublic schools shall demonstrate 14 the use of multiple statewide assessment measures identified 15 and approved by the state board in determining student 16 achievement levels. The school districts and accredited 17 nonpublic schools shall also report the number of students 18 who graduate; the number of students who drop out of school; 19 the number of students who are tested and the percentage of 20 students who are so tested annually; and the percentage of 21 students who graduated during the prior school year and who 22 completed a core curriculum. The board shall develop and 23 adopt uniform definitions consistent with the federal No Child 24 Left Behind Act of 2001, Pub. L. No. 107-110 and any federal 25 regulations adopted pursuant to the federal Act. The school 26 districts and accredited nonpublic schools may report on other 27 locally determined factors influencing student achievement. 28 The school districts and accredited nonpublic schools shall 29 also report to the local community their results by individual 30 attendance center. 31 Sec. 27. Section 256.7, subsection 21, Code Supplement 32 2011, is amended by adding the following new paragraph: 33 NEW PARAGRAPH . d. By July 1, 2014, establishment by the 34 department of an accountability system designed to hold school 35 -16- LSB 5398HV (2) 84 kh/rj 16/ 81
H.F. 2380 districts and accredited nonpublic schools accountable for 1 student achievement. The accountability system shall, at 2 a minimum, define and measure student achievement, student 3 growth, student achievement gaps, college and career readiness, 4 student well-being, parent satisfaction, school staff working 5 conditions, school fiscal responsibility, and graduation 6 and attendance rates. The director may at the director’s 7 discretion, or shall as directed by the state board, convene 8 a working group to develop recommendations for any of the 9 following: 10 (1) The accountability system established pursuant to this 11 paragraph. 12 (2) Redesigning the accreditation procedures implemented 13 under section 256.11. 14 (3) A compliance monitoring process aligned with the 15 accountability system. 16 (4) Targeting support for school districts identified as 17 needing assistance under the accountability system. 18 (5) Identifying, studying, and commending high-performing 19 districts. 20 (6) Developing strategies to take over the operation of 21 school districts determined pursuant to section 256.11, or 22 under the accountability system, as persistently failing to 23 meet educational system or student achievement standards. 24 Sec. 28. Section 256.7, subsection 26, paragraph a, 25 subparagraph (1), Code Supplement 2011, is amended to read as 26 follows: 27 (1) The rules establishing high school graduation 28 requirements shall authorize a school district or 29 accredited nonpublic school to consider that any student 30 who satisfactorily completes a high school-level unit of 31 English or language arts, mathematics, science, or social 32 studies has satisfactorily completed a unit of the high school 33 graduation requirements for that area as specified in this 34 lettered paragraph, and shall authorize the school district 35 -17- LSB 5398HV (2) 84 kh/rj 17/ 81
H.F. 2380 or accredited nonpublic school to issue high school credit 1 for the unit to the student. The rules shall also require 2 administration of the college entrance and career readiness 3 examinations in accordance with section 280.18. 4 Sec. 29. Section 256.7, subsection 26, Code Supplement 5 2011, is amended by adding the following new paragraph: 6 NEW PARAGRAPH . d. Adopt by rule by July 1, 2014, a policy 7 for the incorporation by school districts of end-of-course 8 assessments into the district’s high school graduation 9 requirements. 10 Sec. 30. Section 256.7, subsection 28, Code Supplement 11 2011, is amended to read as follows: 12 28. Adopt a set of core content standards applicable to 13 all students in kindergarten through grade twelve in every 14 school district and accredited nonpublic school. For purposes 15 of this subsection , “core content standards” includes reading, 16 mathematics, and science. The core content standards shall be 17 identical to the core content standards included include those 18 established in Iowa’s approved 2006 standards and assessment 19 system under Tit. I of the federal Elementary and Secondary 20 Education Act of 1965, 20 U.S.C. § 6301 et seq., as amended 21 by the federal No Child Left Behind Act of 2001, Pub. L. No. 22 107-110. School districts and accredited nonpublic schools 23 shall include, at a minimum, the core content standards adopted 24 pursuant to this subsection in any set of locally developed 25 content standards. School districts and accredited nonpublic 26 schools are strongly encouraged to set higher expectations 27 in local standards. As changes in federal law or regulation 28 occur, the state board is authorized to amend the core content 29 standards as appropriate. 30 Sec. 31. Section 256.9, Code Supplement 2011, is amended by 31 adding the following new subsection: 32 NEW SUBSECTION . 68. Develop, by July 1, 2014, high school 33 end-of-course assessments for subject areas included under the 34 core content standards. 35 -18- LSB 5398HV (2) 84 kh/rj 18/ 81
H.F. 2380 Sec. 32. NEW SECTION . 256.24 Value-added assessment 1 system. 2 1. For purposes of this section, unless the context 3 otherwise requires, “value-added assessment” means a method 4 to measure gains in student achievement by conducting a 5 statistical analysis of achievement data that reveals academic 6 growth over time for students and groups of students, such as 7 those in a grade level or in a school. 8 2. A value-added assessment system shall be established and 9 implemented by the department not later than January 31, 2013, 10 to provide for multivariate longitudinal analysis of annual 11 student test scores to determine the influence of a school 12 district’s educational program on student academic growth and 13 to guide school district improvement efforts. The department 14 shall select a value-added assessment system provider through a 15 request for proposals process. The system provider selected 16 by the department shall offer a value-added assessment system 17 to calculate annually the academic growth of students, as 18 determined by the director, and tested in accordance with this 19 section. The system provider shall, at a minimum, meet all of 20 the following criteria: 21 a. Use a mixed-model statistical analysis that has the 22 ability to use all achievement test data for each student, 23 including the data for students with missing test scores, that 24 does not adjust downward expectations for student progress 25 based on race, poverty, or gender, and that will provide the 26 best linear unbiased predictions of school or other educational 27 entity effects to minimize the impact of random errors. 28 b. Have the ability to work with test data from a variety of 29 sources, including data that are not vertically scaled, and to 30 provide support for school districts utilizing the system. 31 c. Have the capacity to receive and report results 32 electronically and provide support for districts utilizing the 33 system. 34 3. The system provider shall create a mechanism to collect 35 -19- LSB 5398HV (2) 84 kh/rj 19/ 81
H.F. 2380 and evaluate data in a manner that reliably aligns the 1 performance of the teacher with the achievement levels of and 2 progress of the teacher’s students. School districts shall 3 report teacher-to-student alignment data to the system provider 4 as directed by the department. 5 4. The system provider shall provide analysis to school 6 districts and to the department of education. The analysis 7 shall include but not be limited to attendance-center-level 8 test results for an assessment aligned with the core content 9 standards in the areas of reading and mathematics and other 10 core academic areas when possible. The analysis shall also 11 include but not be limited to the number of students tested, 12 the number of test results used to compute the averages, 13 the average standard score, and the corresponding grade 14 equivalent-score, as well as measures of student progress. The 15 system provider shall create a chart for each school district. 16 5. A school district shall have complete access to and 17 full utilization of its own value-added assessment reports and 18 charts generated by the system provider at the student level 19 for the purpose of measuring student achievement at different 20 educational entity levels. 21 6. Where student outcomes measures are available, for 22 tested subjects and grades, student outcomes measures 23 shall be considered by the district to validate a teacher’s 24 observational evaluation. Student outcomes measures which are 25 a component of a teacher’s evaluation are not public records 26 for the purposes of chapter 22. 27 7. Information about student academic growth shall be 28 used by the school district, including school board members, 29 administration, and staff, for defining student and district 30 learning goals and professional development related to student 31 learning goals across the school district. A school district 32 shall submit its academic growth measures in the annual report 33 submitted pursuant to section 256.7, subsection 21, and may 34 reference in the report state level norms for purposes of 35 -20- LSB 5398HV (2) 84 kh/rj 20/ 81
H.F. 2380 demonstrating school district performance. 1 8. The department shall use student academic growth data to 2 determine school improvement and technical assistance needs of 3 school districts, and to identify school districts achieving 4 exceptional gains. Beginning January 15, 2013, and by January 5 15 of each succeeding year, the department shall submit an 6 annual progress report regarding the use of student academic 7 growth information in the school improvement processes to the 8 general assembly and shall publish the progress report on its 9 internet site. 10 9. A school district shall use the value-added assessment 11 system established by the department pursuant to subsection 1 12 not later than the school year beginning July 1, 2013. 13 Sec. 33. Section 279.60, Code 2011, is amended to read as 14 follows: 15 279.60 Kindergarten assessment Assessments —— access to data 16 —— reports. 17 1. a. Each school district shall administer a kindergarten 18 readiness assessment prescribed by the department of education 19 to every resident prekindergarten or four-year-old child whose 20 parent or guardian enrolls the child in the district. 21 b. Each school district shall administer the dynamic 22 indicators of basic early literacy skills kindergarten 23 benchmark assessment or other kindergarten benchmark assessment 24 adopted by the department of education in consultation with 25 the early childhood Iowa state board to every kindergarten 26 student enrolled in the district not later than the date 27 specified in section 257.6, subsection 1 . The school district 28 shall also collect information from each parent, guardian, 29 or legal custodian of a kindergarten student enrolled in the 30 district, including but not limited to whether the student 31 attended preschool, factors identified by the early childhood 32 Iowa office pursuant to section 256I.5 , and other demographic 33 factors. Each school district shall report the results of 34 the assessment and the preschool information collected to 35 -21- LSB 5398HV (2) 84 kh/rj 21/ 81
H.F. 2380 the department of education in the manner prescribed by the 1 department not later than January 1 of that school year. The 2 early childhood Iowa office in the department of management 3 shall have access to the raw data. The department shall review 4 the information submitted pursuant to this section and shall 5 submit its findings and recommendations annually in a report to 6 the governor, the general assembly, the early childhood Iowa 7 state board, and the early childhood Iowa area boards. 8 2. a. Each school district shall administer the Iowa 9 assessments, created by the state university of Iowa, to all 10 students enrolled in grade ten in the school years beginning 11 July 1, 2012, and July 1, 2013. 12 b. This subsection is repealed July 1, 2014. 13 3. By July 1, 2014, each school district shall administer 14 end-of-course assessments developed pursuant to section 256.9, 15 subsection 68, as an integral component of each course of study 16 under the core content standards. 17 Sec. 34. NEW SECTION . 280.18 Assessment requirements. 18 1. The board of directors of a school district and the 19 authorities in charge of a nonpublic school shall offer to each 20 student enrolled in grade eleven a choice of taking either 21 a college entrance examination produced to assess English, 22 reading, mathematics, and science; or an assessment to assess 23 reading for information, locating information, and applied 24 mathematics. 25 2. a. The cost of the examinations and assessments 26 administered pursuant to subsection 1 shall be paid by the 27 department. 28 b. The costs of a college entrance examination taken by a 29 student in addition to those specified in subsection 1 shall be 30 the responsibility of the student. 31 3. If funds are available to the department for such 32 purpose, the department shall make a preparation program for 33 the college entrance examination available to all students in 34 grade eleven. The department may contract for the necessary 35 -22- LSB 5398HV (2) 84 kh/rj 22/ 81
H.F. 2380 assessment services. 1 4. a. The school district or school shall counsel a student 2 whose scores on the college entrance examination administered 3 in grade eleven indicate a high degree of readiness for college 4 to enroll in accelerated courses, with an emphasis on advanced 5 placement and other college-level classes. 6 b. The school district or school shall provide intervention 7 strategies for accelerated learning in the following 8 circumstances: 9 (1) To a student whose scores on the career readiness 10 assessments indicate that additional assistance is required 11 in reading for information, locating information, or applied 12 mathematics. 13 (2) To a student whose scores on the college entrance 14 examination administered in grade eleven indicate that 15 additional assistance is required in English, reading, 16 mathematics, and science. 17 5. Accommodations provided by the college entrance 18 examination provider to a student with a disability taking 19 the college entrance examination under subsection 1 shall be 20 provided in the following manner: 21 a. In the manner allowed by the college entrance examination 22 provider, when results in test scores are reportable to 23 a postsecondary institution for admissions and placement 24 purposes, except as provided in paragraph “b” . 25 b. In a manner allowed by an individualized education 26 program developed for the student if the student is a student 27 requiring special education under chapter 256B and the 28 student’s disability precludes valid assessment of academic 29 ability using the accommodations provided under paragraph “a” 30 when the student’s scores are not reportable to a postsecondary 31 institution for admissions and placement purposes. 32 6. A student’s scores on the examinations administered 33 under subsection 1 shall be recorded by the school district or 34 school in the student’s official education record. 35 -23- LSB 5398HV (2) 84 kh/rj 23/ 81
H.F. 2380 DIVISION XI 1 NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS AWARDS 2 Sec. 35. Section 256.44, subsection 1, paragraph a, Code 3 2011, is amended to read as follows: 4 a. If a teacher registers for national board for 5 professional teaching standards certification by after December 6 31, 2007, a one-time initial reimbursement award in the amount 7 of up to one-half of the registration fee paid by the teacher 8 for registration for certification by the national board for 9 professional teaching standards. The teacher shall apply to 10 the department within one year of registration in a manner and 11 according to procedures required by the department , submitting 12 to the department any documentation the department requires. 13 A teacher who receives an initial reimbursement award shall 14 receive a one-time final registration award in the amount of 15 the remaining national board registration fee paid by the 16 teacher if the teacher notifies the department of the teacher’s 17 certification achievement and submits any documentation 18 requested by the department. 19 Sec. 36. Section 256.44, subsection 1, paragraph b, 20 subparagraph (1), subparagraph division (b), Code 2011, is 21 amended to read as follows: 22 (b) If the teacher registers for national board for 23 professional teaching standards certification between January 24 1, 1999, and December 31, 2007, and achieves certification 25 within the timelines and policies established by the national 26 board for professional teaching standards, an annual award in 27 the amount of two thousand five hundred dollars upon achieving 28 certification by the national board of professional teaching 29 standards. 30 DIVISION XII 31 EDUCATOR EMPLOYMENT AND PROFESSIONAL DEVELOPMENT MATTERS 32 Sec. 37. Section 256.7, Code Supplement 2011, is amended by 33 adding the following new subsection: 34 NEW SUBSECTION . 32. Adopt rules providing for the 35 -24- LSB 5398HV (2) 84 kh/rj 24/ 81
H.F. 2380 establishment of a statewide plan for professional development 1 for practitioners employed in Iowa’s school districts. The 2 statewide plan shall be designed to make every reasonable 3 effort to utilize best practices, current technologies, and 4 social media, and shall be implemented by the area education 5 agencies pursuant to section 273.2. 6 Sec. 38. Section 256.9, Code Supplement 2011, is amended by 7 adding the following new subsection: 8 NEW SUBSECTION . 69. Approve, amend and approve, or reject 9 each professional development plan submitted pursuant to 10 section 273.2, in accordance with the rules adopted pursuant to 11 section 256.7, subsection 32, providing for the establishment 12 of a statewide professional development plan for practitioners, 13 the services of which a school district may request pursuant 14 to section 273.2. 15 Sec. 39. Section 257.10, subsection 10, paragraph d, Code 16 2011, is amended to read as follows: 17 d. The use of the funds calculated under this subsection 18 shall comply with the requirements of section 256.7, subsection 19 32, and chapter 284 . 20 Sec. 40. Section 257.10, subsection 10, Code 2011, is 21 amended by adding the following new paragraph: 22 NEW PARAGRAPH . e. For the budget year beginning July 1, 23 2012, and succeeding budget years, the department of management 24 shall reduce the distributions from the amount generated by the 25 total professional development supplement district cost to each 26 school district for the budget year by ten percent. However, 27 for purposes of the calculation of the combined district cost 28 pursuant to section 257.10, subsection 8, and the calculation 29 of the additional property tax pursuant to section 257.4, the 30 total professional development supplement district cost is the 31 amount which results after the reduction made pursuant to this 32 paragraph. 33 Sec. 41. Section 257.16, Code 2011, is amended by adding the 34 following new subsection: 35 -25- LSB 5398HV (2) 84 kh/rj 25/ 81
H.F. 2380 NEW SUBSECTION . 5. There is appropriated to the department 1 of education for the fiscal year beginning July 1, 2012, and 2 each fiscal year thereafter, an amount equal to the amount of 3 the professional development supplement reduction, determined 4 pursuant to section 257.10, subsection 10, paragraph “e” , and 5 section 257.37A, subsection 2, paragraph “d” , for purposes 6 of implementing a statewide professional development plan in 7 accordance with section 256.7, subsection 32. 8 Sec. 42. Section 257.37A, subsection 2, paragraph d, Code 9 2011, is amended to read as follows: 10 d. The use of the funds calculated under this subsection 11 shall comply with requirements of section 256.7, subsection 32, 12 and chapter 284 . 13 Sec. 43. Section 257.37A, subsection 2, Code 2011, is 14 amended by adding the following new paragraph: 15 NEW PARAGRAPH . e. For the budget year beginning July 1, 16 2012, and succeeding budget years, the department of management 17 shall reduce the distributions from the amount generated by the 18 total area education agency professional development supplement 19 district cost to each area education agency for the budget 20 year by ten percent. However, for purposes of the calculation 21 of the combined district cost pursuant to section 257.10, 22 subsection 8, and the calculation of the additional property 23 tax pursuant to section 257.4, the total area educational 24 agency professional development supplement district cost is the 25 amount which results after the reduction made pursuant to this 26 paragraph. 27 Sec. 44. Section 273.2, Code Supplement 2011, is amended by 28 adding the following new subsection: 29 NEW SUBSECTION . 10. The area education agency boards shall 30 each annually submit to the department of education a plan 31 for a professional development program, to be implemented in 32 the following fiscal year, which combines the professional 33 development priorities of the state board of education, 34 in accordance with section 256.7, subsection 32, with the 35 -26- LSB 5398HV (2) 84 kh/rj 26/ 81
H.F. 2380 professional development needs of the schools and school 1 districts in the area. The area education agency board shall 2 provide professional development services under the approved 3 program to local school districts in the area upon request. 4 Sec. 45. Section 279.13, Code 2011, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 6. Notwithstanding the other provisions 7 of this section and any contrary provision of the Code, if 8 the board of directors of a school district or charter school 9 institutes, by majority vote of the membership of the board, 10 a reduction in force, a decision by the board not to renew a 11 teacher contract shall be based upon the following: 12 a. The teacher’s effectiveness as demonstrated in 13 evaluations conducted under the teacher evaluation plan adopted 14 pursuant to section 284.4, and the teacher’s performance review 15 conducted pursuant to section 284.8. 16 b. The teacher’s licensure and endorsements and the needs of 17 the school district or school, and the needs of the students. 18 c. The teacher’s hiring date may be taken into consideration 19 only if the bases existing under paragraphs “a” and “b” are 20 substantially equal to the bases existing under paragraphs “a” 21 and “b” for another teacher. 22 Sec. 46. Section 284.6, subsection 1, unnumbered paragraph 23 1, Code Supplement 2011, is amended to read as follows: 24 The department shall coordinate a implement the statewide 25 network of plan for professional development for Iowa teachers 26 practitioners established pursuant to section 256.7, subsection 27 32 . A In addition, a school district or professional 28 development provider that offers a career and professional 29 development program programs in accordance with section 256.9, 30 subsection subsections 46 , and 69 shall demonstrate that the 31 program contains programs contain the following: 32 Sec. 47. Section 284.6, Code Supplement 2011, is amended by 33 adding the following new subsection: 34 NEW SUBSECTION . 5A. The director may waive the requirements 35 -27- LSB 5398HV (2) 84 kh/rj 27/ 81
H.F. 2380 relating to the development and review of an individual teacher 1 professional development plan for a school district that 2 utilizes a peer review teacher evaluation system in which 3 consulting teachers, in conjunction with school administrators, 4 make formal evaluations of the school district’s teachers, 5 including but not limited to each teacher’s professional 6 growth and employment status. Notwithstanding section 284.8, 7 subsection 1, if the school district is granted a waiver 8 pursuant to this subsection, the review conducted pursuant to 9 section 284.8, subsection 1, shall include a teacher’s review 10 conducted utilizing the peer review teacher evaluation system. 11 DIVISION XIII 12 CHARTER SCHOOL CHANGES 13 Sec. 48. Section 256F.1, subsections 1 and 2, Code 2011, are 14 amended by striking the subsections. 15 Sec. 49. Section 256F.1, subsection 3, unnumbered paragraph 16 1, Code 2011, is amended to read as follows: 17 The purpose of a charter school or an innovation zone school 18 established pursuant to this chapter shall be to accomplish the 19 following: 20 Sec. 50. Section 256F.1, subsection 4, Code 2011, is amended 21 by striking the subsection and inserting in lieu thereof the 22 following: 23 4. This section shall not be construed to provide a means 24 to keep open a school that the board of directors of a school 25 district closes. However, a school board may endorse or 26 authorize the establishing of a charter school to replace the 27 school the board closes. Applicants seeking a charter under 28 this circumstance shall demonstrate to the state board that 29 the charter sought is substantially different in purpose and 30 program from the school the board closes and that the proposed 31 charter satisfies the requirements of this section. The state 32 board shall not approve an application submitted under section 33 256F.5 if the application does not comply with this subsection. 34 Sec. 51. Section 256F.2, subsections 1 and 6, Code 2011, 35 -28- LSB 5398HV (2) 84 kh/rj 28/ 81
H.F. 2380 are amended by striking the subsections and inserting in lieu 1 thereof the following: 2 1. “Applicant means an entity eligible to submit to the 3 state board an application to charter a school in accordance 4 with this chapter. “Applicant” includes any of the following: 5 a. The board of directors of a school district. 6 b. A consortium consisting of the boards of directors of two 7 or more school districts. 8 c. An area education agency board. 9 d. A consortium consisting of the boards of directors of 10 an area education agency and one or more school districts, at 11 least one of which is located within the boundaries of the area 12 education agency. 13 e. The board of directors of a community college. 14 f. A consortium consisting of the boards of directors of a 15 community college and one or more school districts, at least 16 one of which is located within the boundaries of the community 17 college. 18 g. An institution of higher education governed by the state 19 board of regents. 20 h. A consortium consisting of an institution of higher 21 education governed by the state board of regents and the board 22 of directors of one or more school districts. 23 i. A consortium consisting of one or more accredited private 24 institutions as defined in section 261.9, all of which shall be 25 exempt from taxation under section 501(c)(3) of the Internal 26 Revenue Code, and the board of directors of one or more school 27 districts. 28 j. A consortium consisting of the governing body of a city 29 or county with a population over ninety-five thousand and the 30 board of directors of one or more school districts located, at 31 least in part, within the boundaries of the city or county. 32 k. A nonsectarian, nonreligious charitable organization that 33 is exempt from taxation under section 501(c)(3) of the Internal 34 Revenue Code. 35 -29- LSB 5398HV (2) 84 kh/rj 29/ 81
H.F. 2380 6. “Operator” means an applicant approved by the state board 1 to charter a school under this chapter. 2 Sec. 52. Section 256F.2, subsection 7, Code 2011, is amended 3 by striking the subsection. 4 Sec. 53. Section 256F.3, Code 2011, is amended by striking 5 the section and inserting in lieu thereof the following: 6 256F.3 Duties of the department. 7 The department shall do the following: 8 1. Develop and implement an orientation program for 9 operators. An operator shall successfully complete the 10 orientation program prior to chartering a school pursuant to 11 this chapter. The program shall include but not be limited 12 to accountability requirements, reporting requirements, and 13 financial management. If the operator does not successfully 14 complete the orientation program in the time specified by the 15 department, the state board shall reevaluate the operator’s 16 application and may deny the application. If the state board 17 denies an application under this subsection, the decision of 18 the state board is final agency action under chapter 17A. 19 2. Develop and implement or approve orientation programs 20 for members of the boards of directors of charter schools, 21 including but not limited to orientation on the charter school 22 board’s role and responsibilities, employment policies and 23 practices, and financial management. 24 3. Monitor and evaluate the fiscal, operational, and 25 student performance of the charter school annually and provide 26 a written annual performance evaluation to the charter school 27 board and the state board. 28 4. Provide, every fifth year in which a charter school is 29 in operation and before the state board considers renewing 30 a charter school’s contract, a formal written review of the 31 annual evaluations conducted pursuant to subsection 3. 32 Sec. 54. Section 256F.4, subsections 1, 5, and 7, Code 2011, 33 are amended by striking the subsections. 34 Sec. 55. Section 256F.4, subsections 2, 6, and 8, Code 2011, 35 -30- LSB 5398HV (2) 84 kh/rj 30/ 81
H.F. 2380 are amended to read as follows: 1 2. Although a charter school or innovation zone school 2 may elect to comply with one or more provisions of statute or 3 administrative rule, a charter school or innovation zone school 4 is exempt from all statutes and administrative rules applicable 5 to a school, a school board, or a school district, except that 6 the charter school or innovation zone school shall meet the 7 requirements of this chapter and shall do all of the following: 8 a. Meet all applicable federal, state, and local health and 9 safety requirements and laws prohibiting discrimination on the 10 basis of race, creed, color, sex, sexual orientation, gender 11 identity, national origin, religion, ancestry, or disability. 12 A charter school or innovation zone school shall be subject to 13 any court-ordered desegregation plan in effect for the school 14 district at the time the charter school or innovation zone 15 school application is approved. 16 b. Operate as a nonsectarian, nonreligious public school. 17 c. Be free of tuition and application fees to Iowa resident 18 students between the ages of five and twenty-one years. 19 d. Be subject to and comply with chapters 216 and 216A 20 relating to civil and human rights. 21 e. Provide Make special education programs and services 22 available to students requiring special education in accordance 23 with chapter 256B . 24 f. Be subject to the same financial audits, audit 25 procedures, and audit requirements as a school district. The 26 audit shall be consistent with the requirements of sections 27 11.6 , 11.14 , 11.19 , 256.9, subsection 20 , section 256F.8, and 28 section 279.29 , except to the extent deviations are necessary 29 because of the program at the charter school. The department, 30 the auditor of state, or the legislative services agency may 31 conduct financial, program, or compliance audits. 32 g. Be subject eligible to and comply with participate in 33 the student achievement and teacher quality program under 34 chapter 284 relating to the student achievement and teacher 35 -31- LSB 5398HV (2) 84 kh/rj 31/ 81
H.F. 2380 quality program . A charter school or innovation zone school 1 that complies with chapter 284 shall receive state moneys or 2 be eligible to receive state moneys calculated as provided in 3 section 257.10, subsections 9 and 10 , and section 257.37A as if 4 it did not operate under a charter school or innovation zone 5 school contract . 6 h. Be subject to and comply with chapters chapter 20 and 7 279 relating to contracts with and discharge of teachers and 8 administrators. 9 i. Be subject to and comply with the provisions of chapter 10 285 relating to the transportation of students , except that the 11 provisions of section 285.1, subsections 14, 15, 16, and 17, 12 shall not apply . 13 j. Meetings and records of the advisory council are subject 14 to the provisions of chapters 21 and 22 . 15 j. Comply with sections 279.9, 280.17A, 280.17B, 280.21B, 16 280.24, and 280.28, and may suspend or expel a student only 17 as provided in section 282.4. A decision made as provided in 18 section 282.4 is subject to appeal under section 290.1. 19 k. Comply with all statutes and administrative rules 20 relating to student records, including but not limited to 21 section 22.7, subsection 1, and sections 256H.1, 280.19A, 22 280.25, and 280.29, and shall submit data to the department 23 for purposes of the department’s comprehensive management 24 information system. 25 l. Comply with the requirements of chapter 283A. 26 m. Comply with any statewide accountability requirements in 27 statute or administrative rule governing high school graduation 28 requirements, the core curriculum, core content standards, 29 and assessments. The charter school shall issue high school 30 diplomas to students who successfully meet the graduation 31 requirements of the charter school. 32 6. Notwithstanding subsection 2 , a charter school or 33 innovation zone school shall meet the requirements of section 34 256.7, subsection 21 . 35 -32- LSB 5398HV (2) 84 kh/rj 32/ 81
H.F. 2380 8. A charter school or innovation zone consortium may shall 1 enter into contracts in accordance with chapter 26 . 2 Sec. 56. Section 256F.4, subsections 3 and 4, Code 2011, 3 are amended by striking the subsections and inserting in lieu 4 thereof the following: 5 3. The primary focus of a charter school shall be to provide 6 a comprehensive program of instruction for at least one grade 7 or age group from five through twenty-one years of age. 8 4. A charter school is a municipality for the purposes of 9 tort liability under chapter 670. 10 Sec. 57. Section 256F.5, Code Supplement 2011, is amended 11 by striking the section and inserting in lieu thereof the 12 following: 13 256F.5 Application. 14 1. An application to operate a charter school pursuant to 15 this chapter shall include but not be limited to the following: 16 a. A business plan that documents the proposed charter 17 school’s mission statement; school purposes; program design; 18 description of a graduation plan, where applicable; financial 19 plan; governance and management structure; and background 20 and experience of the applicants and the initial board and 21 instructional staff, plus any other information the state board 22 requests. An applicant shall file a separate application for 23 each school the applicant intends to charter. 24 b. A statement of assurances of legal compliance prescribed 25 by the state board. 26 c. The applicant’s ability to implement the procedures 27 and satisfy the criteria for chartering a school under this 28 chapter. 29 d. The measures that will be implemented to provide for 30 oversight of the charter school’s academic, financial, and 31 operational performance, and to ensure compliance with the 32 terms of any written contract entered into by the charter 33 school board of directors and the state board. 34 e. A statement of support or nonsupport from the board of 35 -33- LSB 5398HV (2) 84 kh/rj 33/ 81
H.F. 2380 directors of the school district, in which the charter school 1 would be located. The statement shall be submitted to the 2 applicant in a timely manner by the school district board. 3 f. A statement demonstrating community support. 4 g. A statement of admission policies and procedures. 5 h. The types and amounts of insurance liability coverage to 6 be obtained by the charter school. 7 i. How special instruction, programs, and services for 8 children requiring special education and English language 9 learners under chapter 256B and section 280.4 will be made 10 available and a description of the financial parameters within 11 which the special instruction, programs, and services will be 12 made available. 13 2. If the applicant includes a school district pursuant 14 to section 256F.2, subsection 1, paragraph “a” , “b” , “d” , “f” , 15 “h” , “i” , or “j” , that will, under the plan submitted, convert 16 an existing attendance center operated by the school district 17 into a charter school in accordance with this chapter, the 18 application shall demonstrate the support of at least fifty 19 percent of the teachers employed at the school on the date 20 of the submission of the application and fifty percent of 21 the parents or guardians voting whose children are enrolled 22 at the school, provided that a majority of the parents or 23 guardians eligible to vote participate in the ballot process, 24 according to procedures established by rules of the state 25 board. Conversion of an existing school to a charter school if 26 approved pursuant to this chapter shall occur at the beginning 27 of an academic year. 28 3. a. The state board shall approve or disapprove an 29 application within ninety business days of receipt of the 30 application. 31 b. If the state board disapproves the application, the state 32 board shall notify the applicant of the specific deficiencies 33 in writing and the applicant shall have twenty business days to 34 address the deficiencies to the state board’s satisfaction. 35 -34- LSB 5398HV (2) 84 kh/rj 34/ 81
H.F. 2380 (1) If the applicant addresses the deficiencies within the 1 time specified, the state board shall at its next regularly 2 scheduled meeting make a final decision to approve or 3 disapprove the application. 4 (2) If the applicant fails to address the deficiencies in 5 the time specified, the state board shall notify the applicant 6 that the application is denied and the decision of the state 7 board is final agency action under chapter 17A. 8 c. An applicant whose application is denied pursuant to the 9 process specified in this subsection shall not submit another 10 application until the expiration of at least one calendar year 11 after notification of the denial of application. 12 4. The state board shall establish criteria for application 13 approval that at a minimum consider the following: 14 a. A comprehensive review of the application. 15 b. The available capacity and infrastructure identified in 16 the plan. 17 c. Contracting process specified in the plan. 18 d. Ongoing oversight and evaluation processes relating to 19 administration and staffing. 20 e. Charter school contract and contract renewal criteria and 21 processes. 22 5. Approval of an application and renewal of a charter by 23 the state board shall not be conditioned upon the bargaining 24 unit status of the employees of the school. 25 Sec. 58. Section 256F.6, Code 2011, is amended by striking 26 the section and inserting in lieu thereof the following: 27 256F.6 Formation of school —— board. 28 1. An operator who successfully completes the orientation 29 program required pursuant to section 256F.3, subsection 30 1, before entering into a contract or other agreement for 31 professional or other services, goods, or facilities, shall 32 incorporate as a nonprofit corporation under chapter 504 and 33 shall establish an initial board of directors composed of at 34 least five voting members, who are not related parties, until a 35 -35- LSB 5398HV (2) 84 kh/rj 35/ 81
H.F. 2380 timely election for members of the ongoing charter school board 1 of directors is held according to the school’s articles and 2 bylaws. 3 2. Members of the charter school board of directors 4 established under the school’s articles and bylaws shall 5 be elected before the school completes its third year of 6 operation. The articles and bylaws shall require that the 7 board be composed of not less than five voting members. The 8 articles and bylaws shall include clear policies regarding 9 conflicts of interest, standards of responsibility, and 10 obedience to law, fairness, and honesty. 11 3. Staff members employed at the school and all parents 12 or guardians of children enrolled in the school are the 13 voters eligible to elect the members of the school’s board of 14 directors. 15 4. A charter school shall notify eligible voters of the 16 school board election dates at least thirty days before the 17 election. Board elections shall be held during the school year 18 but may not be conducted on days when the school is closed for 19 holidays or vacations. 20 5. a. Any charter school board of directors shall be 21 composed of the following: 22 (1) Notwithstanding section 279.7A, at least one licensed 23 teacher employed at the school. 24 (2) At least one parent or legal guardian of a student 25 enrolled in the charter school who is not an employee of the 26 charter school. 27 (3) At least one interested community member who is not 28 employed by the charter school and does not have a child 29 enrolled in the school. 30 b. The majority of members on the board may be teachers, 31 notwithstanding section 279.7A. 32 c. The chief financial officer and the chief administrator 33 of the charter school, if elected, shall only serve as ex 34 officio, nonvoting board members. 35 -36- LSB 5398HV (2) 84 kh/rj 36/ 81
H.F. 2380 d. Charter school employees shall not serve on the board 1 except as provided in this subsection. 2 e. Except as provided in section 279.7A, contractors 3 providing facilities, goods, or services to a charter school 4 shall not serve on the board. 5 f. Board articles and bylaws shall outline the process 6 and procedures for changing the board’s governance model, 7 consistent with chapter 504. 8 6. A charter school board may change the governance model 9 set forth in the application or in the articles and bylaws 10 of the charter school only if the change conforms with this 11 section and a majority of the board approves the change; the 12 licensed teachers employed by the school approve the change; 13 and the state board approves the change. 14 7. a. The state board may permit a charter school board 15 to expand the operation of the charter school to additional 16 sites or to add grades at the school beyond those described 17 in the operator’s approved application only after submitting 18 a supplemental affidavit for approval to the state board 19 in a form and manner prescribed by the state board. The 20 supplemental affidavit shall include the following: 21 (1) A proposed expansion plan that demonstrates need and 22 projected enrollment. 23 (2) Documentation that the expansion is warranted, at a 24 minimum, by longitudinal data demonstrating students’ improved 25 academic performance and growth on student assessments. 26 (3) Documentation that the charter school is financially 27 sound and the financing the charter school needs to implement 28 the proposed expansion exists. 29 (4) Documentation that the charter school has the 30 governance structure and management capacity to carry out the 31 expansion. 32 b. The state board shall have sixty business days to review 33 and comment on the supplemental affidavit. The state board 34 shall notify the charter school board of any deficiencies in 35 -37- LSB 5398HV (2) 84 kh/rj 37/ 81
H.F. 2380 the supplemental affidavit and the charter school board shall 1 have twenty business days to address, to the state board’s 2 satisfaction, any deficiencies in the supplemental affidavit. 3 The school shall not expand to additional sites or add grades 4 until the state board approves the supplemental affidavit. 5 The state board’s approval or disapproval of a supplemental 6 affidavit is final agency action. 7 8. The charter school board of directors is a government or 8 governmental body for purposes of chapters 21 and 22. 9 9. Except as provided in subsection 5, members of the board 10 are subject to section 279.7A. 11 Sec. 59. Section 256F.8, Code 2011, is amended by striking 12 the section and inserting in lieu thereof the following: 13 256F.8 Audit report. 14 1. The charter school shall annually submit an audit report 15 to the state board by December 31. 16 2. The charter school, with the assistance of the auditor 17 conducting the audit, shall include with the report a copy 18 of all charter school agreements for corporate management 19 services. If the entity that provides the professional 20 services to the charter school is exempt from taxation under 21 section 501 of the Internal Revenue Code of 1986, that entity 22 must file with the state board by February 15 a copy of the 23 annual return required under section 6033 of the Internal 24 Revenue Code of 1986. 25 3. If the audit report finds that a material weakness 26 exists in the financial reporting systems of a charter school, 27 the charter school shall submit a written report to the state 28 board at its first annual meeting explaining how the material 29 weakness will be resolved. An auditor conducting the audit 30 of the charter school, as a condition of providing financial 31 services to a charter school, shall agree to make available 32 information about a charter school’s financial audit to the 33 state board upon request. 34 Sec. 60. Section 256F.9, Code 2011, is amended by striking 35 -38- LSB 5398HV (2) 84 kh/rj 38/ 81
H.F. 2380 the section and inserting in lieu thereof the following: 1 256F.9 Admission requirements. 2 1. A charter school may limit admission to the following: 3 a. Students within an age group or grade level. 4 b. Students who are either at risk of dropping out or have 5 dropped out of school. 6 c. Residents of a specific geographic area in which the 7 school is located when the majority of students served by the 8 school are eligible for free and reduced price meals under 9 the federal National School Lunch Act and the federal Child 10 Nutrition Act of 1966, 42 U.S.C. § 1751-1785. 11 2. A charter school shall enroll an eligible student who 12 submits a timely application, unless the number of applications 13 exceeds the capacity of a program, class, grade level, or 14 building. In such case, students shall be accepted by lot. 15 The charter school shall develop and publish a lottery policy 16 and process for use when accepting students by lot. 17 3. A charter school shall give enrollment preference to 18 a sibling of an enrolled student and to a foster child of 19 that student’s parents and may give preference for enrolling 20 children of the school’s staff before accepting other students 21 by lot. 22 4. A charter school shall not limit admission to students 23 on the basis of intellectual ability, measures of achievement 24 or aptitude, or athletic ability and shall not establish any 25 criteria or requirements for admission that are inconsistent 26 with this section. 27 5. The charter school shall not distribute any services 28 or goods of value to students, parents, or guardians as an 29 inducement, term, or condition of enrolling a student in a 30 charter school. 31 Sec. 61. Section 256F.10, Code 2011, is amended by striking 32 the section and inserting in lieu thereof the following: 33 256F.10 Employment and other operating matters. 34 A charter school shall employ or contract with necessary 35 -39- LSB 5398HV (2) 84 kh/rj 39/ 81
H.F. 2380 teachers and administrators, as defined by chapter 256, who 1 hold valid licenses and endorsements to perform the particular 2 service for which they are employed in the school. The school 3 may employ necessary employees who are not required to hold 4 teaching licenses to perform duties other than teaching and may 5 contract for other services. 6 Sec. 62. NEW SECTION . 256F.11 Leased space. 7 If space to be leased is constructed as a school facility, 8 a charter school may lease such space from a school district 9 or other public organization; private, nonprofit nonsectarian 10 organization; private property owner; or a sectarian 11 organization. 12 Sec. 63. NEW SECTION . 256F.12 Affiliated nonprofit building 13 corporation. 14 1. A charter school may organize an affiliated nonprofit 15 building corporation to renovate or purchase an existing 16 facility to serve as a school or to construct a new school 17 facility as provided in subsection 4 or 5. 18 2. An affiliated nonprofit building corporation shall meet 19 all of the following conditions: 20 a. Be incorporated under chapter 504 and comply with 21 applicable internal revenue service regulations. 22 b. Submit annually to the state board a list of current 23 board members and a copy of the corporation’s annual audit. 24 3. An affiliated nonprofit building corporation shall not 25 serve as the leasing agent for property or facilities it does 26 not own. The state is immune from liability resulting from a 27 contract between a charter school and an affiliated nonprofit 28 building corporation. 29 4. A charter school may organize an affiliated nonprofit 30 building corporation to renovate or purchase an existing 31 facility to serve as a school if the charter school meets the 32 following criteria: 33 a. Has been operating for at least five consecutive school 34 years. 35 -40- LSB 5398HV (2) 84 kh/rj 40/ 81
H.F. 2380 b. Has had a net positive unreserved general fund balance as 1 of June 30 in the preceding five fiscal years. 2 c. Has a long-range strategic and financial plan. 3 d. Completes a feasibility study of available buildings. 4 e. Documents enrollment projections and the need to use 5 an affiliated nonprofit building corporation to renovate or 6 purchase an existing facility to serve as a school. 7 5. A charter school may organize an affiliated nonprofit 8 building corporation to construct a new school facility if the 9 charter school meets the following conditions: 10 a. Lacks facilities available to serve as a school. 11 b. Has been operating for at least eight consecutive school 12 years. 13 c. Has had a net positive unreserved general fund balance as 14 of June 30 in the preceding eight fiscal years. 15 d. Completes a feasibility study of facility options. 16 e. Has a long-range strategic and financial plan that 17 includes enrollment projections and demonstrates the need for 18 constructing a new school facility. 19 Sec. 64. NEW SECTION . 256F.13 Collective bargaining. 20 Employees of the board of directors of a charter school may, 21 if otherwise eligible, organize under chapter 20 and comply 22 with its provisions. The board of directors of a charter 23 school is a public employer, for the purposes of chapter 20, 24 upon formation of one or more bargaining units at the school. 25 Bargaining units at the school shall be separate from any other 26 units within the school district in which the charter school 27 is located, except that bargaining units may remain part of 28 the appropriate bargaining unit of the school district within 29 which the charter school is located if the employees of the 30 charter school, the board of directors of the charter school, 31 the exclusive representative of the appropriate bargaining unit 32 in the school district, and the board of the school district 33 agree to include the employees in the appropriate bargaining 34 unit of the school district. 35 -41- LSB 5398HV (2) 84 kh/rj 41/ 81
H.F. 2380 Sec. 65. NEW SECTION . 256F.14 Teacher retirement. 1 Teachers in a charter school are public school teachers for 2 the purposes of chapter 97B. 3 Sec. 66. NEW SECTION . 256F.15 Causes for nonrenewal or 4 termination of charter school contract. 5 1. The state board may decline to renew a contract entered 6 into with the board of directors of a charter school at the end 7 of the contract term for any ground listed in subsection 3. 8 The state board may unilaterally terminate a contract during 9 the term of the contract for any ground listed in subsection 3. 10 2. At least sixty business days before not renewing or 11 terminating a contract, the state board shall notify the board 12 of directors of the charter school of the proposed action in 13 writing. The notice shall state the grounds for the proposed 14 action in reasonable detail and that the charter school’s 15 board of directors may request in writing a hearing before the 16 state board within fifteen business days of receiving notice 17 of nonrenewal or termination of the contract. Failure by the 18 board of directors to make a written request for a hearing 19 within the time specified shall be treated as acquiescence to 20 the proposed action. Upon receiving a timely written request 21 for a hearing, the state board shall give ten business days’ 22 notice to the charter school’s board of directors of the 23 hearing date. The state board shall conduct the hearing before 24 taking final action. The state board shall take final action 25 to renew or not renew a contract no later than twenty business 26 days before the proposed date for terminating the contract or 27 the end date of the contract. 28 3. A charter school contract entered into with the state 29 board may be terminated or not renewed by the state board upon 30 any of the following grounds: 31 a. Failure to meet the requirements for student performance 32 contained in the contract. 33 b. Failure to meet generally accepted standards of fiscal 34 management. 35 -42- LSB 5398HV (2) 84 kh/rj 42/ 81
H.F. 2380 c. Violations of law. 1 d. Other good cause shown, including but not limited to 2 the existence of one or more other grounds for revocation as 3 specified in the contract. 4 4. If a contract is terminated or not renewed on grounds 5 specified in subsection 3, the school shall be dissolved 6 according to rules adopted by the state board, and the assets 7 of the charter school shall be disposed of according to the 8 applicable provisions of chapter 504. 9 5. The state board, after providing reasonable notice to the 10 board of directors of a charter school, and after providing an 11 opportunity for a public hearing, may terminate the existing 12 contract with the charter school board if the charter school 13 has a history of the following: 14 a. Failure to meet student performance requirements 15 consistent with state law. 16 b. Financial mismanagement or gross failure to meet 17 generally accepted standards of fiscal management. 18 c. Violations of the law. 19 Sec. 67. NEW SECTION . 256F.16 Student enrollment upon 20 nonrenewal or termination of charter school contract. 21 If a contract is not renewed or is terminated according to 22 section 256F.15, a student who attended the charter school 23 may enroll in the district of residence or may submit an 24 application to a nonresident district according to section 25 282.18 at any time, and shall be determined to have shown “good 26 cause” for purposes of section 282.18. Applications and notices 27 required by section 282.18 shall be processed and provided 28 in a prompt manner. The application and notice deadlines in 29 section 282.18 do not apply under these circumstances. The 30 charter school shall transfer the student’s educational records 31 within ten business days of the charter school’s closure to the 32 student’s school district of enrollment. 33 Sec. 68. NEW SECTION . 256F.17 Extent of specific legal 34 authority. 35 -43- LSB 5398HV (2) 84 kh/rj 43/ 81
H.F. 2380 1. A charter school board may sue and be sued. 1 2. A charter school board shall not levy taxes or issue 2 bonds. 3 3. A charter school is a municipality for purposes of 4 chapter 670. 5 Sec. 69. NEW SECTION . 256F.18 Funding. 6 A student enrolled in a charter school shall be counted, 7 for state school foundation aid purposes, in the student’s 8 district of residence. A student’s residence, for purposes 9 of this section, means a residence under section 282.1. The 10 board of directors of the district of residence shall pay to 11 the charter school the district cost per pupil, the teacher 12 salary supplement district cost per pupil, the professional 13 development supplement district cost per pupil, and the early 14 intervention supplement district cost per pupil under section 15 257.10, plus any moneys received for the student as a result 16 of the non-English speaking weighting under section 280.4, 17 subsection 3, for the previous school year multiplied by the 18 district cost per pupil for the previous year. In addition, 19 the board of directors of the district of residence shall pay 20 to the charter school any other per pupil moneys requested 21 under the charter school application approved by the state 22 board. 23 Sec. 70. NEW SECTION . 256F.19 Prior charter schools and 24 innovation zones. 25 1. A charter school or innovation zone school established 26 prior to July 1, 2012, shall continue to be governed by chapter 27 256F, Code 2011 and Code Supplement 2011, until the term of the 28 contract entered into pursuant to section 256F.8, Code 2011, 29 ends. 30 2. This section is repealed July 1, 2018. 31 Sec. 71. Section 282.18, subsection 4, paragraph b, Code 32 2011, is amended to read as follows: 33 b. For purposes of this section , “good cause” means a change 34 in a child’s residence due to a change in family residence, a 35 -44- LSB 5398HV (2) 84 kh/rj 44/ 81
H.F. 2380 change in the state in which the family residence is located, 1 a change in a child’s parents’ marital status, a guardianship 2 or custody proceeding, placement in foster care, adoption, 3 participation in a foreign exchange program, or participation 4 in a substance abuse or mental health treatment program, a 5 change in the status of a child’s resident district such as 6 removal of accreditation by the state board, surrender of 7 accreditation, or permanent closure of a nonpublic school, 8 revocation nonrenewal or termination of a charter school 9 contract as provided in section 256F.8 256F.15 , the failure 10 of negotiations for a whole grade sharing, reorganization, 11 dissolution agreement or the rejection of a current whole grade 12 sharing agreement, or reorganization plan. If the good cause 13 relates to a change in status of a child’s school district of 14 residence, however, action by a parent or guardian must be 15 taken to file the notification within forty-five days of the 16 last board action or within thirty days of the certification of 17 the election, whichever is applicable to the circumstances. 18 Sec. 72. Section 670.1, subsection 2, Code 2011, is amended 19 to read as follows: 20 2. “Municipality” means city, county, township, school 21 district, charter school, and any other unit of local 22 government except soil and water conservation districts as 23 defined in section 161A.3, subsection 6 . 24 Sec. 73. REPEAL. Section 256F.7, Code 2011, is repealed. 25 DIVISION XIV 26 THIRD GRADE LITERACY 27 Sec. 74. Section 256.7, Code Supplement 2011, is amended by 28 adding the following new subsection: 29 NEW SUBSECTION . 31. By July 1, 2013, adopt by rule 30 guidelines for school district implementation of section 31 279.68, including but not limited to basic levels of reading 32 proficiency on approved assessments and identification of tools 33 that school districts may use in evaluating and reevaluating 34 any student who may be or who is determined to be deficient in 35 -45- LSB 5398HV (2) 84 kh/rj 45/ 81
H.F. 2380 reading, including but not limited to initial assessments and 1 subsequent assessments, alternative assessments, and portfolio 2 reviews. The state board shall adopt standards that provide 3 a reasonable expectation that a student’s progress toward 4 reading proficiency under section 279.68 is sufficient to 5 master appropriate grade four level reading skills prior to the 6 student’s promotion to grade four. 7 Sec. 75. Section 256.9, subsection 53, paragraph a, Code 8 Supplement 2011, is amended to read as follows: 9 a. Develop and distribute, or approve, in collaboration 10 with the area education agencies, core curriculum technical 11 assistance and implementation strategies that school districts 12 and accredited nonpublic schools shall utilize, including but 13 not limited to the development and delivery of formative and 14 end-of-course model assessments classroom teachers may use 15 to measure student progress on the core curriculum adopted 16 pursuant to section 256.7, subsection 26 . The department 17 shall, in collaboration with the advisory group convened in 18 accordance with paragraph “b” and educational assessment 19 providers, identify and make available to school districts 20 end-of-course and additional model end-of-course and additional 21 assessments to align with the expectations included in the Iowa 22 core curriculum. The model assessments shall be suitable to 23 meet the multiple assessment measures requirement specified in 24 section 256.7, subsection 21 , paragraph “c” . 25 Sec. 76. Section 256.9, subsection 53, Code Supplement 26 2011, is amended by adding the following new paragraphs: 27 NEW PARAGRAPH . c. Identify the scoring levels on approved 28 grade three reading assessments that require the retention of a 29 student pursuant to section 279.68, and develop or identify and 30 approve alternative performance measures for students who are 31 not proficient in reading in accordance with section 279.68, 32 subsection 2. Alternative performance measures approved 33 pursuant to this paragraph shall include but not be limited to 34 a demonstration of reading mastery evidenced by portfolios of 35 -46- LSB 5398HV (2) 84 kh/rj 46/ 81
H.F. 2380 student work. 1 NEW PARAGRAPH . d. Establish, subject to an appropriation 2 of sufficient funds by the general assembly, an Iowa reading 3 research center to apply current research on literacy to 4 provide for the development and dissemination of all of the 5 following: 6 (1) Promising instructional strategies in reading. 7 (2) Reading assessments. 8 (3) Professional development strategies and materials 9 aligned with current and emerging best practices for the 10 teaching of reading. 11 Sec. 77. Section 256D.2A, Code 2011, is amended to read as 12 follows: 13 256D.2A Program funding. 14 For the budget year beginning July 1, 2009, and each 15 succeeding budget year, a school district shall expend funds 16 received pursuant to section 257.10, subsection 11 , at the 17 kindergarten through grade three levels to reduce class sizes 18 to the state goal of seventeen students for every one teacher 19 and to achieve a higher level of student success in the 20 basic skills, especially reading ; and to establish a reading 21 enhancement and acceleration development initiative pursuant 22 to section 279.68, subsection 3, paragraph “f” . In order to 23 support these efforts, school districts shall expend funds 24 received pursuant to section 257.10, subsection 11, as provided 25 in section 279.68, subsection 3, paragraph “f” , and may expend 26 funds received pursuant to section 257.10, subsection 11 , 27 at the kindergarten through grade three level on programs, 28 instructional support, and materials that include but are not 29 limited to the following: additional licensed instructional 30 staff; additional support for students, such as before and 31 after school programs, tutoring, and intensive summer programs; 32 the acquisition and administration of diagnostic reading 33 assessments; the implementation of research-based instructional 34 intervention programs for students needing additional support; 35 -47- LSB 5398HV (2) 84 kh/rj 47/ 81
H.F. 2380 the implementation of all-day, everyday kindergarten programs; 1 and the provision of classroom teachers with intensive training 2 programs to improve reading instruction and professional 3 development in best practices including but not limited to 4 training programs related to instruction to increase students’ 5 phonemic awareness, reading abilities, and comprehension 6 skills. 7 Sec. 78. NEW SECTION . 279.68 Student progression and 8 retention —— remedial instruction —— reporting requirements. 9 1. Reading deficiency and parental notification. 10 a. A school district shall provide intensive reading 11 instruction to any student who exhibits a substantial 12 deficiency in reading, based upon locally determined or 13 statewide assessments conducted in kindergarten or grade one, 14 grade two, or grade three, or through teacher observations, 15 immediately following the identification of the reading 16 deficiency. The student’s reading proficiency shall be 17 reassessed by locally determined and statewide assessments. 18 The student shall continue to be provided with intensive 19 reading instruction until the reading deficiency is remedied. 20 b. The parent or guardian of any student in kindergarten 21 through grade three who exhibits a substantial deficiency in 22 reading, as described in paragraph “a” , shall be notified at 23 least annually in writing of the following: 24 (1) That the child has been identified as having a 25 substantial deficiency in reading. 26 (2) A description of the services currently provided to the 27 child. 28 (3) A description of the proposed supplemental 29 instructional services and supports that the school district 30 will provide to the child that are designed to remediate the 31 identified area of reading deficiency. 32 (4) That if the child’s reading deficiency is not remediated 33 by the end of grade three, the child shall be retained unless 34 the child is exempt from mandatory retention for good cause 35 -48- LSB 5398HV (2) 84 kh/rj 48/ 81
H.F. 2380 pursuant to subsection 2, paragraph “b” . If the child is 1 ineligible for a good cause exemption, the notification shall 2 state why the child is ineligible. 3 (5) Strategies for parents and guardians to use in helping 4 the child succeed in reading proficiency, including but not 5 limited to the promotion of parent-guided home reading. 6 (6) That the assessment used pursuant to section 256.9, 7 subsection 53, is not the sole determiner of promotion and 8 that additional evaluations, portfolio reviews, performance 9 measures, and assessments are available to the child to assist 10 parents and the school district in knowing when a child is 11 reading at or above grade level and ready for grade promotion. 12 (7) The district’s specific criteria and policies for 13 midyear promotion. For purposes of this section, “midyear 14 promotion” means promotion to the next grade level of a retained 15 student at any time during the year of retention once the 16 student has demonstrated the ability to read at grade level. 17 c. If the student’s reading deficiency, as identified in 18 paragraph “a” , is not remedied by the end of grade three, 19 as demonstrated by scoring on an assessment approved by the 20 department pursuant to section 256.9, subsection 53, the 21 student shall be retained in grade three. 22 2. Good cause exemption. 23 a. The school district shall only exempt students from 24 mandatory retention, as provided in subsection 1, paragraph 25 “c” , for good cause. Good cause exemptions shall be limited to 26 the following: 27 (1) Limited English proficient students who have had 28 less than two years of instruction in an English as a second 29 language program. 30 (2) Students requiring special education whose 31 individualized education program indicates that participation 32 in the assessment approved pursuant to section 256.9, 33 subsection 53, is not appropriate, consistent with the 34 requirements of rules adopted by the state board of education 35 -49- LSB 5398HV (2) 84 kh/rj 49/ 81
H.F. 2380 for the administration of chapter 256B. 1 (3) Students who demonstrate an acceptable level of 2 performance on an alternative performance measure approved by 3 the director of the department of education pursuant to section 4 256.9, subsection 53. 5 (4) Students who demonstrate mastery through a student 6 portfolio under alternative performance measures approved 7 pursuant to section 256.9, subsection 53. 8 (5) Students who have received intensive remediation 9 in reading for two or more years but still demonstrate a 10 deficiency in reading and who were previously retained in 11 kindergarten, grade one, grade two, or grade three. Intensive 12 reading instruction for students so promoted must include 13 an altered instructional day that includes specialized 14 diagnostic information and specific reading strategies for 15 each student. The school district shall assist attendance 16 centers and teachers to implement reading strategies that 17 research has shown to be successful in improving reading among 18 low-performing readers. 19 b. Requests for good cause exemptions from the mandatory 20 retention requirement for students as described in paragraph 21 “a” , subparagraphs (3) and (4), shall be made consistent with 22 the following: 23 (1) Documentation shall be submitted from the student’s 24 teacher to the school principal that indicates that the 25 promotion of the student is appropriate and is based upon the 26 student’s academic record. Such documentation shall include 27 but not be limited to the individualized education program, if 28 applicable, report card, or student portfolio. 29 (2) The school principal shall review and discuss the 30 recommendation submitted pursuant to subparagraph (1) with 31 the teacher and the school principal shall determine whether 32 the student should be promoted or retained. If the principal 33 determines that the student should be retained, the principal 34 shall notify the student’s teacher and parent or guardian of 35 -50- LSB 5398HV (2) 84 kh/rj 50/ 81
H.F. 2380 the decision in writing and the student shall be ineligible for 1 the good cause exemption from mandatory retention. 2 (3) If the school principal determines that the 3 student should be promoted, the school principal shall 4 make such recommendation in writing to the district school 5 superintendent. The district school superintendent shall 6 accept or reject the school principal’s recommendation and 7 shall notify the school principal and the student’s teacher 8 and parent or guardian of the school superintendent’s decision 9 in writing. If the school superintendent determines that the 10 student should be retained, the student shall be ineligible for 11 the good cause exemption from mandatory retention. The parent 12 or guardian of the student may appeal the superintendent’s 13 decision to the board of directors of the school district. 14 If the superintendent’s decision is affirmed by the school 15 board, the decision is final and is not subject to appeal under 16 section 290.1. 17 c. This section does not preclude the parent or guardian of 18 a student with a reading deficiency from requesting that the 19 student be retained at grade level. 20 3. Successful progression for retained readers. A school 21 district shall do all of the following: 22 a. Conduct a review, within one week following the last 23 instructional day of the school calendar, of student progress 24 for any student retained under subsection 1, paragraph “c” , who 25 did not meet the criteria for one of the good cause exemptions 26 in subsection 2, paragraph “a” . The review shall address 27 additional supports and services, as described in subparagraph 28 (2), needed to remediate the identified areas of reading 29 deficiency. The school district shall require a student 30 portfolio to be completed for each such student. 31 b. Provide students who are retained under subsection 32 1, paragraph “c” , with intensive instructional services 33 and supports, free of charge, to remediate the identified 34 areas of reading deficiency, including a minimum of a daily 35 -51- LSB 5398HV (2) 84 kh/rj 51/ 81
H.F. 2380 ninety-minute block of scientific-research-based reading 1 instruction and other strategies prescribed by the school 2 district which may include but are not limited to the 3 following: 4 (1) Small group instruction. 5 (2) Reduced teacher-student ratios. 6 (3) More frequent progress monitoring. 7 (4) Tutoring or mentoring. 8 (5) Transition classes containing students in grades three 9 and four. 10 (6) Extended school day, week, or year. 11 (7) Summer reading programs. 12 c. At regular intervals, apprise the parent or guardian of 13 academic and other progress being made by the student and give 14 the parent or guardian other useful information. 15 d. Implement a policy for the midyear promotion of any 16 student retained under subsection 1, paragraph “c” , who can 17 demonstrate that the student is a successful and independent 18 reader, reading at or above grade level, and ready to be 19 promoted to grade four. Tools that school districts may use 20 in reevaluating any student retained may include subsequent 21 assessments, alternative assessments, and portfolio reviews, 22 identified by rule pursuant to section 256.7, subsection 31. 23 Students promoted during the school year after November 1 shall 24 demonstrate proficiency pursuant to guidelines adopted by rule 25 pursuant to section 256.7, subsection 31. 26 e. In addition to required reading enhancement and 27 acceleration strategies, provide parents of students who are 28 retained under subsection 1, paragraph “c” , with a plan outlined 29 in a parental contract, including participation in regular 30 parent-guided home reading. 31 f. Establish, using funds received pursuant to section 32 257.10, subsection 11, a reading enhancement and acceleration 33 development initiative designed to prevent the retention of 34 grade three students and to offer intensive accelerated reading 35 -52- LSB 5398HV (2) 84 kh/rj 52/ 81
H.F. 2380 instruction to grade three students who fail to meet standards 1 for promotion to grade four and to each kindergarten through 2 grade three student who is assessed as exhibiting a reading 3 deficiency. The initiative shall comply with all of the 4 following criteria: 5 (1) Be provided to all kindergarten through grade three 6 students at risk of retention under this section. The 7 assessment initiative shall measure phonemic awareness, 8 phonics, fluency, vocabulary, and comprehension. 9 (2) Be provided during regular school hours in addition to 10 the regular reading instruction. 11 (3) Provide a reading curriculum that meets guidelines 12 adopted pursuant to section 256.7, subsection 31, and at a 13 minimum has the following specifications: 14 (a) Assists students assessed as exhibiting a reading 15 deficiency in developing the ability to read at grade level. 16 (b) Provides skill development in phonemic awareness, 17 phonics, fluency, vocabulary, and comprehension. 18 (c) Includes a scientifically based and reliable 19 assessment. 20 (d) Provides initial and ongoing analysis of each student’s 21 reading progress. 22 (e) Is implemented during regular school hours. 23 (f) Provides a curriculum in core academic subjects to 24 assist the student in maintaining or meeting proficiency levels 25 for the appropriate grade in all academic subjects. 26 g. Report to the department of education the specific 27 intensive reading interventions and supports implemented by the 28 school district pursuant to this section. The department shall 29 annually prescribe the components of required or requested 30 reports, including but not limited to a report on the number of 31 students retained under this section. 32 h. Provide a student who has been retained in grade three 33 and who has received intensive instructional services but is 34 still not ready for grade promotion, as determined by the 35 -53- LSB 5398HV (2) 84 kh/rj 53/ 81
H.F. 2380 school district, the option of being placed in a transitional 1 instructional setting. Such setting shall specifically be 2 designed to produce learning gains sufficient to meet grade 3 four performance standards while continuing to remediate the 4 areas of reading deficiency. 5 4. Notwithstanding subsection 1, paragraph “b” , subparagraph 6 (4), or any other provision of law to the contrary, a school 7 district shall not be required to retain a student in grade 8 three who exhibits a substantial deficiency in reading in 9 accordance with this section until the school year beginning 10 July 1, 2016. This subsection is repealed July 1, 2016. 11 DIVISION XV 12 HOME RULE AUTHORITY 13 Sec. 79. NEW SECTION . 274.3 Exercise of powers —— 14 construction. 15 1. The board of directors of a school district shall 16 operate, control, and supervise all public schools located 17 within its district boundaries and may exercise any broad 18 and implied power related to the operation, control, and 19 supervision of those public schools except as expressly 20 prohibited or prescribed by the Constitution of the State of 21 Iowa or by statute. 22 2. Notwithstanding subsection 1, the board of directors of 23 a school district shall not have power to levy any tax unless 24 expressly authorized by the general assembly. 25 3. This section shall not apply to a research and 26 development school as defined in section 256G.2 or to a 27 laboratory school as defined in section 265.1. The board of 28 directors of a school district in which such a research and 29 development school or laboratory school is located shall not 30 exercise over such a school any powers granted to the board by 31 subsection 1. 32 4. This chapter, chapter 257 and chapters 275 through 301, 33 and other statutes relating to the boards of directors of 34 school districts and to school districts shall be liberally 35 -54- LSB 5398HV (2) 84 kh/rj 54/ 81
H.F. 2380 construed to effectuate the purposes of subsection 1. 1 DIVISION XVI 2 ONLINE LEARNING INTERIM STUDY 3 Sec. 80. ONLINE LEARNING —— INTERIM STUDY. The legislative 4 council is requested to establish an interim study committee 5 relating to online learning and programming for school 6 districts and related educational issues. The objective of 7 the study shall be to review the appropriate use of online 8 learning by school districts, the appropriate levels and 9 sources of funding for online learning, partnerships between 10 school districts and private providers of online programs, and 11 the potential use of online learning as the exclusive means 12 to provide coursework required under the state’s educational 13 standards. The study shall identify opportunities between 14 interested agencies and entities involved in or potentially 15 involved in online learning activities, including but not 16 limited to K-12 schools, area education agencies, institutions 17 of higher learning, the public broadcasting division of the 18 department of education, the department of education, and the 19 Iowa communications network. The committee is directed to 20 submit its findings and recommendations in a report to the 21 general assembly by December 14, 2012. 22 DIVISION XVII 23 STATE MANDATE 24 Sec. 81. STATE MANDATE FUNDING SPECIFIED. In accordance 25 with section 25B.2, subsection 3, the state cost of requiring 26 compliance with any state mandate included in this Act shall 27 be paid by a school district from state school foundation aid 28 received by the school district under section 257.16. This 29 specification of the payment of the state cost shall be deemed 30 to meet all of the state funding-related requirements of 31 section 25B.2, subsection 3, and no additional state funding 32 shall be necessary for the full implementation of this Act 33 by and enforcement of this Act against all affected school 34 districts. 35 -55- LSB 5398HV (2) 84 kh/rj 55/ 81
H.F. 2380 EXPLANATION 1 This bill relates to programs and activities under 2 the purview of the department of education, the board of 3 educational examiners, school districts, and accredited 4 nonpublic schools. 5 DIVISION I —— COMPETENCY-BASED INSTRUCTION. The bill 6 provides for the appointment of a competency-based instruction 7 task force and extends until May 1, 2012, the time by which 8 school districts may submit to the department of education a 9 request for an exemption from the educational standards in 10 order to create competency-based pathways for students that 11 use standards and evidence as the baseline for competency 12 determinations and bases advancement and credit on what 13 students know or are able to do rather than on time spent in the 14 classroom. 15 The superintendents of the school districts whose 16 exemptions have already been approved by the department are 17 directed to appoint a task force to conduct a study regarding 18 competency-based instruction standards and options and the 19 integration of competency-based instruction with the Iowa 20 core curriculum, and to develop related assessment models 21 and professional development focused on competency-based 22 instruction. 23 At a minimum, the task force shall redefine the Carnegie 24 unit into competencies, construct personal learning plans 25 and templates, develop student-centered accountability and 26 assessment models, empower learning through technology, and 27 develop supports and professional development for educators to 28 transition to a competency-based system. 29 The task force shall be comprised of at least 16 members, 30 nine of whom shall represent education stakeholders and 31 practitioners knowledgeable about the Iowa core curriculum; 32 one of whom shall be the deputy director and administrator 33 of the division of learning and results of the department of 34 education or the deputy director’s designee; one of whom shall 35 -56- LSB 5398HV (2) 84 kh/rj 56/ 81
H.F. 2380 represent the area education agencies (AEAs); one of whom shall 1 represent the Iowa state education association; and four of 2 whom shall represent the general assembly. The four members 3 of the general assembly shall serve as ex officio, nonvoting 4 members. The department of education shall provide staffing 5 services for the task force. 6 The task force shall submit its plan, findings, models, 7 and recommendations in a final report to the state board of 8 education, the governor, and the general assembly by January 9 15, 2013. 10 This division takes effect upon enactment. 11 DIVISION II —— CORE CURRICULUM FRAMEWORK AND CORE CONTENT 12 STANDARDS. The bill establishes the core curriculum advisory 13 council under the department of education. Upon request by 14 the director of the department of education, the council is 15 to make nonbinding recommendations to the director regarding 16 necessary changes to the core curriculum. The council is 17 directed to seek to further the goals of the core curriculum 18 and any objectives established by the director in making 19 recommendations. The council consists of no less than seven 20 members appointed by and serving at the pleasure of the 21 director. The council must be balanced by gender and political 22 party. The council is to meet at least quarterly and at the 23 call of the chair of the council. Members of the council serve 24 without compensation but may be reimbursed for their actual 25 expenses incurred in the performance of their duties. 26 The bill adds the subjects of music and other fine arts, 27 applied arts, foreign languages, physical education,and 28 entrepreneurship education to the skills and knowledge the core 29 curriculum for kindergarten through grade 12 must address. 30 The director must create and disseminate to school 31 districts, charter schools, and accredited nonpublic schools a 32 model curriculum that is directly tied to the goals, outcomes, 33 and assessment strategies identified in the core content 34 standards. The model curriculum shall provide guidance to 35 -57- LSB 5398HV (2) 84 kh/rj 57/ 81
H.F. 2380 school districts and schools and expand on the core content 1 standards. The model curriculum shall be modified as necessary 2 to incorporate the core curriculum framework. 3 DIVISION III —— TEACHER AND ADMINISTRATOR PERFORMANCE. The 4 bill directs the state board to adopt new Iowa teaching and 5 administration standards by January 1, 2013, and to implement 6 statewide teacher and administrator evaluation system pilot 7 programs during the 2013-2014 school year; provides for 8 the appointment of a teacher performance, compensation, and 9 career development task force to develop recommendations for 10 a new teacher compensation system; directs the director of 11 the department of education to develop a statewide teacher 12 evaluation system and a statewide administrator evaluation 13 system that school districts, charter schools, and accredited 14 nonpublic schools shall use to standardize the instruments 15 and processes used to evaluate teachers and administrators 16 throughout the state; provides for the creation of a task force 17 to conduct a study regarding a statewide teacher evaluation 18 system and a statewide administrator evaluation system; and 19 requires that public school teachers and administrators be 20 evaluated annually rather than every three years, and that the 21 evaluation of a teacher be conducted by at least one person who 22 holds a valid certification issued for successfully completing 23 an evaluator training program. 24 The bill sets out the minimum components of the statewide 25 teacher evaluation system, including direct observation of 26 classroom teaching behaviors, strong consideration of student 27 outcome measures, integration of the Iowa teaching standards, 28 and system applicability to teachers in all content areas 29 taught by a school. The bill allows charter schools and 30 accredited nonpublic schools to implement an alternative 31 teacher or administrator evaluation system if the department 32 approves the alternative system. 33 The director is tasked with appointing members to, and 34 providing staffing for, the teacher performance, compensation, 35 -58- LSB 5398HV (2) 84 kh/rj 58/ 81
H.F. 2380 and career development task force, including members 1 representing teachers, parents, school administrators, and 2 business and community leaders. The task force is directed to 3 address the duties and responsibilities of apprentice, career, 4 mentor, and master teachers; utilizing retired teachers as 5 mentors; uses and realignment of finite resources; mechanisms 6 to substantially increase the average salary of teachers who 7 assume leadership roles; and standardizing implementation of 8 task force recommendations in all of Iowa’s school districts 9 and public charter schools. The task force must submit its 10 findings and recommendations in a report to the state board of 11 education, the governor, and the general assembly by October 12 15, 2012. 13 The statewide educator evaluation system task force 14 must submit its findings, recommendations, and a proposal 15 for a statewide teacher evaluation system and a statewide 16 administrator evaluation system to the state board of education 17 and the general assembly by October 15, 2012. The task force 18 must include a tiered evaluation system differentiating levels 19 of teacher effectiveness in its recommendations and proposal. 20 By November 26, 2012, the department must submit a departmental 21 bill drafting request to the legislative services agency 22 in bill draft format making specific and detailed proposed 23 amendments to the Code necessary to advance the proposed task 24 force recommendations as approved by the state board. 25 The provisions providing for appointment of the task forces 26 take effect upon enactment. 27 The bill makes a repeal of language in the bill relating 28 to the statewide teacher evaluation system and the statewide 29 administrator evaluation system contingent on whether the 30 general assembly takes action during the 2013 regular session 31 to enact legislation advancing recommendations of the statewide 32 educator evaluation system task force. 33 The bill repeals the current Iowa teaching standards on 34 July 1, 2013. The bill also repeals a Code provision that 35 -59- LSB 5398HV (2) 84 kh/rj 59/ 81
H.F. 2380 established a career ladder pilot program to be administered 1 by the department of education from 2007 through 2009. The 2 final report on the pilot program was submitted to the general 3 assembly in March 2010. 4 The bill makes a technical correction to a reference 5 relating to transfer of the duties of certain licensing 6 responsibilities to the state board of education and department 7 of education under division X of this bill. 8 DIVISION IV —— INNOVATION ACCELERATION PROGRAM —— FUND. The 9 bill establishes an innovation acceleration program in the 10 department of education and creates an innovation acceleration 11 fund in the state treasury under the control of the department. 12 The purpose of the innovation acceleration program is to 13 provide competitive grants to applicants with a record of 14 improving student achievement and educational attainment in 15 order to expand the implementation of, and investment in, 16 innovative practices that are demonstrated to have an impact 17 on improving student achievement or student growth, closing 18 achievement gaps, decreasing dropout rates, increasing parental 19 involvement, increasing attendance rates, increasing high 20 school graduation rates, or increasing college enrollment and 21 completion rates. 22 The program shall be designed to enable grantees to expand 23 and develop innovative practices that can serve as models of 24 best practices, work in partnership with the private sector and 25 the philanthropic community, and identify and document best 26 practices that can be shared and expanded based on demonstrated 27 success. 28 The innovation acceleration fund shall be administered 29 by the director of education and shall consist of moneys 30 appropriated by the general assembly and any other moneys 31 available to and obtained or accepted by the department for the 32 program. 33 DIVISION V —— ONLINE LEARNING. The bill provides that the 34 term “telecommunications” for purposes of Code chapter 256 35 -60- LSB 5398HV (2) 84 kh/rj 60/ 81
H.F. 2380 shall include coursework delivered online, as appropriate. 1 Further, resident pupils receiving coursework delivered 2 online shall be counted for school foundation aid purposes as 3 three-tenths of one pupil. 4 Currently the statute provides that telecommunications shall 5 not be used by school districts as the exclusive means to 6 provide any course which is required by the minimum educational 7 standards for accreditation. 8 DIVISION VI —— EDUCATIONAL STANDARDS EXEMPTIONS. The bill 9 permits the director of the department of education to grant 10 school districts exemptions from one or more of the educational 11 standards for all grades and all subject areas currently 12 required to be offered, from prekindergarten through grade 12, 13 if the school district meets certain requirements specified for 14 charter schools, including provisions that require a charter 15 school to meet all applicable federal, state, and local health 16 and safety requirements and laws prohibiting discrimination; 17 operate as a nonsectarian, nonreligious public school; be free 18 of tuition and application fees to Iowa resident students 19 between the ages of 5-21 years; be subject to and comply with 20 Code chapters 216 and 216A relating to civil and human rights; 21 provide special education services; be subject to the same 22 financial audits, audit procedures, and audit requirements as 23 a school district; be subject to and comply with provisions 24 relating to the student achievement and teacher quality 25 program; be subject to and comply with state law relating to 26 contracts with and discharge of teachers and administrators; 27 be subject to and comply with state law relating to the 28 transportation of students; comply with state and federal 29 law relating to the suspension or expulsion of a student; 30 comply with all statutes and administrative rules relating to 31 student records; submit data to the department for purposes 32 of the department’s comprehensive management information 33 system; comply with administrative rules relating to courses 34 or programs offered online or use of telecommunications 35 -61- LSB 5398HV (2) 84 kh/rj 61/ 81
H.F. 2380 as an instructional tool; and comply with any statewide 1 accountability requirements in statute or administrative 2 rule governing high school graduation requirements, the core 3 curriculum, core content standards, and assessments. 4 Currently, the director may grant school districts and 5 accredited nonpublic schools an exemption from one or more of 6 the educational standards for grades 9 through 12, including 7 but not limited to unit requirements for science, social 8 studies, English-language arts, mathematics, foreign language, 9 vocational service, and health and physical education. 10 The bill requires the director to submit a report by February 11 1, annually, to the state board, the governor, and the general 12 assembly that lists all of the exemptions granted to school 13 districts and accredited nonpublic schools and the reasons for 14 which each exemption was granted. 15 The bill makes a reference to charter school requirements 16 included in division XV of the bill. 17 DIVISION VII —— EDUCATION JOB OPENINGS POSTING. The 18 director of the department is directed to maintain, on the 19 department’s internet site, education job openings which shall 20 be submitted by school districts, area education agencies, 21 charter schools, and accredited nonpublic schools for posting. 22 DIVISION VIII —— CLASS SHARING AGREEMENTS. The bill 23 expands eligibility for the supplementary weighting plan for 24 district-to-community college sharing and concurrent enrollment 25 programs to allow a school district that collaborates with 26 a community college for a college-level class that uses an 27 activities-based, project-based, and problem-based learning 28 approach and that is offered through a partnership with a 29 nationally recognized provider of rigorous and innovative 30 science, technology, engineering, and mathematics curriculum 31 for schools, which provider is exempt from taxation under 32 section 501(c)(3) of the Internal Revenue Code, to qualify 33 to receive additional weighting for students enrolled in the 34 class. 35 -62- LSB 5398HV (2) 84 kh/rj 62/ 81
H.F. 2380 The bill amends language establishing the 1 district-to-community college sharing program or concurrent 2 enrollment program under the senior year plus program to exempt 3 from the program’s proficiency requirements students who are 4 enrolled in a school district and in a career and technical 5 course at a community college. However, a community college 6 may require a student who applies for enrollment under the 7 program to complete an initial assessment administered by 8 the community college receiving the application to determine 9 the applicant’s readiness to enroll in career and technical 10 coursework, and the community college may deny the enrollment. 11 DIVISION IX —— SCHOOL INSTRUCTIONAL TIME TASK FORCE. The 12 bill charges the director of the department of education with 13 appointing a school instructional time task force to conduct a 14 study regarding the minimum requirements of the school day and 15 the school year. 16 The school instructional time task force shall be comprised 17 of at least seven members who shall, at a minimum, examine 18 whether the minimum length of an instructional day should 19 be extended and if so for whom, whether the minimum number 20 of instructional days or hours in a school year should be 21 increased and if so for whom, whether the minimum numbered of 22 instructional days or hours should be rearranged for purposes 23 of summer or other breaks in the school year, whether the 24 minimum school year should be defined by a number of days or 25 by a number of instructional hours, whether there should be a 26 uniform, statewide start date for the school year, and whether 27 resources necessary to extend the minimum instructional day 28 or the minimum school year are justified when compared to 29 competing education priorities. The task force shall submit 30 its findings and recommendations in a report to the state board 31 of education, the governor, and the general assembly by October 32 15, 2012. 33 DIVISION X —— ASSESSMENTS. The bill relates to assessments 34 for children prekindergarten through grade 11 and requires 35 -63- LSB 5398HV (2) 84 kh/rj 63/ 81
H.F. 2380 the department of education to establish and implement a 1 value-added assessment system. 2 The bill replaces, in language directing the state board 3 of education to adopt rules requiring that school districts 4 and accredited nonpublic schools submit a comprehensive 5 school improvement plan and report to the department and local 6 communities, references to local education standards and 7 achievement progress with references to statewide standards 8 and assessment measures and eliminates reporting requirements 9 related to locally established student learning goals. 10 Further, the rules adopted by the state board incorporating 11 accountability for, and reporting of, student achievement 12 into the standards and accreditation process must provide, 13 by July 1, 2014, for the establishment by the department of 14 an accountability system designed to hold school districts 15 and accredited nonpublic schools accountable for student 16 achievement. The accountability system must, at a minimum, 17 define and measure student achievement, student growth, 18 student achievement gaps, college and career readiness, 19 student well-being, parent satisfaction, school staff working 20 conditions, school fiscal responsibility, and graduation and 21 attendance rates. 22 The state board must also adopt, by July 1, 2014, a policy 23 for how school districts shall incorporate end-of-course 24 assessments into their graduation requirements. The director 25 of the department must, by July 1, 2014, develop high school 26 end-of-course assessments for core content standards subject 27 areas, which the school districts must administer as an 28 integral component of such courses. 29 In addition, the director may at the director’s discretion, 30 or shall as directed by the state board, convene a working 31 group to develop recommendations for the accountability 32 system or redesign of accreditation procedures; a compliance 33 monitoring process aligned with the accountability system; 34 targeting support for school districts identified as 35 -64- LSB 5398HV (2) 84 kh/rj 64/ 81
H.F. 2380 needing assistance; identifying, studying, and commending 1 high-performing districts; and developing takeover strategies 2 for school districts deemed persistently failing to meet 3 educational system or student achievement standards. 4 The rules the state board adopts establishing high school 5 graduation requirements shall also require administration of 6 college entrance examinations and career readiness assessments. 7 The bill requires school districts and accredited nonpublic 8 schools to offer to each student enrolled in grade 11 their 9 choice of taking either the college entrance examination 10 to assess English, reading, mathematics, and science or a 11 career readiness assessment to assess reading for information, 12 locating information, and applied mathematics. 13 The cost of the examinations and assessments shall be paid by 14 the department of education; and the costs of any additional 15 college entrance examinations taken by a student shall be the 16 responsibility of the student. If funds are available to 17 the department for such purpose, the department shall make a 18 preparation program available to all students in grade 11, and 19 may contract for the necessary assessment services. 20 A student whose scores on the college entrance examination 21 indicate a high degree of college readiness shall be counseled 22 by the school district or school to enroll in accelerated 23 courses, with an emphasis on advanced placement classes. A 24 student whose scores on the career readiness assessments 25 indicate that additional assistance is required in reading 26 for information, locating information, or applied mathematics 27 shall be provided intervention strategies for accelerated 28 learning by the school district or school. The bill provides 29 for accommodations for students with disabilities and students 30 requiring special education under Code chapter 256B. The 31 bill requires a student’s scores on the college entrance 32 examinations to be recorded by the school district or school in 33 the student’s official education record. 34 The bill eliminates from the core content requirements 35 -65- LSB 5398HV (2) 84 kh/rj 65/ 81
H.F. 2380 language relating to locally developed content standards. 1 The bill requires the department of education to establish 2 and implement a value-added assessment system not later than 3 January 31, 2013, to provide for multivariate longitudinal 4 analysis of annual student test scores to determine the 5 influence of a school district’s educational program on student 6 academic growth and to guide school district improvement 7 efforts. The department of education is directed to select a 8 value-added assessment system provider, based on criteria set 9 forth in the bill, through a request for proposals process. 10 School districts are required to use the system not later than 11 the 2013-2014 school year, but may request from the district’s 12 area education agency authorization to use an alternative 13 system. 14 The bill defines “value-added assessment” to mean a method 15 of measuring gains in student achievement by conducting a 16 statistical analysis of achievement data that reveals academic 17 growth over time for students and groups of students, such as 18 those in a grade level or in a school. 19 The system provider must create a mechanism to collect and 20 evaluate data in a manner that reliably aligns the performance 21 of the teacher with the achievement levels and progress 22 of the teacher’s students. School districts must report 23 teacher-to-student alignment data to the system provider as 24 directed by the department. 25 The system provider must provide analysis to each school 26 district and the department of education, and must also chart 27 data, using criteria set forth in the bill, for each school 28 district. 29 A school district must have complete access to and full 30 utilization of its own value-added assessment reports and 31 charts. Where student outcomes measures are available, 32 for tested subjects and grades, student outcomes measures 33 may be considered by the district to validate observational 34 evaluations. Such measures which are a component of a 35 -66- LSB 5398HV (2) 84 kh/rj 66/ 81
H.F. 2380 teacher’s evaluation are not a public record. 1 School districts shall use the student academic growth 2 data for defining student and district learning goals and 3 professional development related to student learning goals 4 across the school district. 5 The department shall use the data to determine school 6 improvement and technical assistance needs of school districts 7 and to identify school districts achieving exceptional gains. 8 The department is directed to submit an annual progress report 9 regarding the use of student academic growth information in the 10 school improvement processes to the house and senate education 11 committees and must publish the progress report on its internet 12 site. 13 The bill also requires each school district to administer a 14 kindergarten readiness assessment prescribed by the department 15 to every resident prekindergarten or four-year-old child whose 16 parent or guardian enrolls the child in the district. The 17 school districts must also administer the Iowa assessments to 18 grade 10 students in the 2012-13 and 2013-14 school years. 19 DIVISION XI —— NATIONAL BOARD FOR PROFESSIONAL TEACHING 20 STANDARDS AWARDS. The bill eliminates the end dates for 21 the national board for professional teaching standards 22 certification one-time reimbursement awards and the annual 23 awards. The term of eligibility for the annual award is 10 24 years or for the years in which the individual maintains a 25 valid certificate, whichever time period is shorter. 26 DIVISION XII —— EDUCATOR EMPLOYMENT AND PROFESSIONAL 27 DEVELOPMENT MATTERS. The bill relates to teacher performance, 28 compensation, and career development, professional development 29 for practitioners and state funds for professional development, 30 and to probationary periods and due process for teachers and 31 administrators. 32 PROFESSIONAL DEVELOPMENT AND TEACHER EVALUATION. The state 33 board of education is directed to adopt rules providing for 34 the establishment of a statewide plan for the professional 35 -67- LSB 5398HV (2) 84 kh/rj 67/ 81
H.F. 2380 development of practitioners employed in Iowa’s school 1 districts. The statewide plan shall be implemented by the area 2 education agencies (AEAs), each of which must submit annually 3 to the department of education a plan for a professional 4 development program for the following fiscal year. The program 5 developed by the AEA must combine the professional development 6 priorities of the state board with the professional development 7 needs of the schools and school districts in the area. The 8 director of the department must approve, amend and approve, or 9 reject each AEA plan. 10 The department is tasked with implementing the statewide 11 plan for professional development established by the state 12 board. A school district may, upon request, receive services 13 under the area professional development plan approved by the 14 director. 15 The department of management is directed to annually reduce 16 the distributions from the amounts generated by the total 17 professional development supplement district cost and the total 18 area education agency professional development supplement 19 district cost to each school district and AEA by 10 percent. 20 The school district spending authority is also reduced by 10 21 percent. An amount equivalent to the amount of the reduction 22 is appropriated to the department for purposes of implementing 23 the statewide plan for the professional development of 24 practitioners. 25 REDUCTION IN FORCE. The bill authorizes school boards, 26 which by a majority vote institute a reduction in force, to 27 not renew a teacher’s contract based on teacher evaluations, 28 licensure and endorsements, the needs of the schools and 29 students, and, under certain circumstances, hiring dates. 30 The director is authorized to waive requirements relating 31 to the development and review of an individual teacher 32 professional development plan for a school district that 33 utilizes a peer review teacher evaluation system in which 34 consulting teachers, in conjunction with school administrators, 35 -68- LSB 5398HV (2) 84 kh/rj 68/ 81
H.F. 2380 make formal evaluations of the school district’s teachers, 1 including but not limited to each teacher’s professional growth 2 and employment status. 3 DIVISION XIII —— CHARTER SCHOOL CHANGES. The bill rewrites 4 the majority of Iowa’s charter school legislation. The purpose 5 of the charter school legislation remains the same, as do most 6 of the general operating requirements, but the bill eliminates 7 references to innovation zone schools and broadens the list of 8 entities eligible to submit applications to establish charter 9 schools. However, the bill provides that a charter school 10 or innovation zone school established prior to July 1, 2012, 11 shall continue to be governed by chapter 256F, Code and Code 12 Supplement 2011, until the term of the contract entered into 13 pursuant to section 256F.6, Code 2011, ends. 14 ELIGIBLE ENTITIES. Eligible entities under the bill 15 include the following: school districts, area education 16 agencies, community colleges, regents universities, nonprofit 17 private postsecondary institutions, cities and counties 18 with populations of more than 95,000, and nonsectarian, 19 nonreligious, tax-exempt charitable organizations; or 20 consortiums of some of the eligible entities. 21 CONVERSION OF AN EXISTING SCHOOL. The bill continues to 22 provide that the conversion of an existing school district 23 attendance center must be supported by at least 50 percent 24 of the school’s teachers and 50 percent of the parents whose 25 children attend the school. 26 The bill states that the legislation shall not be construed 27 as a means to keep open a school that a school board decides 28 to close, but a school board may endorse or authorize the 29 establishing of a charter school to replace the school the 30 board decides to close. Applicants seeking a charter under 31 this circumstance must demonstrate and document that the 32 charter sought is substantially different in purpose and 33 program from the school the board closes. 34 DUTIES OF THE DEPARTMENT. The department of education 35 -69- LSB 5398HV (2) 84 kh/rj 69/ 81
H.F. 2380 is tasked with developing and implementing an orientation 1 program for operators that covers accountability requirements, 2 reporting requirements, and finance. An operator is an entity 3 whose application to charter a school has been approved by 4 the state board. An operator must successfully complete the 5 orientation program prior to chartering a school. If the 6 operator does not successfully complete the orientation program 7 in the time specified by the department, the state board 8 shall reevaluate the operator’s application and may deny the 9 application. 10 The department must also develop and implement or approve 11 orientation programs for members of the boards of directors 12 of charter schools, including but not limited to orientation 13 on the charter school board’s role and responsibilities, 14 employment policies and practices, and financial management. 15 Board members must attend ongoing orientation throughout the 16 member’s term. 17 The department shall monitor and evaluate the fiscal, 18 operational, and student performance of the charter school 19 annually. Every fifth year in which a charter school is in 20 operation, and before the state board considers renewing a 21 charter school’s contract, the department must provide to the 22 state board and to the charter school board a formal written 23 review of the annual evaluations conducted. 24 OPERATING REQUIREMENTS. New operating requirements 25 include those requiring that charter schools comply with 26 statutes relating to the suspension or expulsion of a student, 27 procedures for handling child abuse, procedures for reporting 28 weapons and drug or alcohol possession or use, and harassment 29 and bullying prohibitions and requirements; comply with 30 statutes and rules relating to student records and school 31 meal programs; submit data for purposes of the department’s 32 comprehensive management information system; and comply with 33 statewide accountability requirements governing high school 34 graduation requirements, the core curriculum, core content 35 -70- LSB 5398HV (2) 84 kh/rj 70/ 81
H.F. 2380 standards, and assessments. Suspension or expulsion decisions 1 may be appealed to the state board of education. However, 2 under the bill a charter school no longer must be subject to or 3 comply with Code chapter 279, relating to teacher contracts and 4 discharge of teachers or administrators; or meet the 180-day 5 school year requirement or its equivalent in hours; or provide 6 school bus transportation to nonpublic school and nonresident 7 students. 8 PRIMARY FOCUS. The primary focus of a charter school shall 9 be to provide a comprehensive program of instruction for at 10 least one grade or age group from 5-21 years of age. 11 CHARTER SCHOOL APPLICATION. An application to operate a 12 charter school must include a business plan that documents the 13 proposed charter school’s mission statement, school purposes, 14 program design, graduation plan, financial plan, governance 15 and management structure, and background and experience of 16 the applicants and the initial board and instructional staff, 17 plus any other information the state board requests; provide 18 a statement of assurances of legal compliance prescribed by 19 the state board; provide a statement of support or nonsupport 20 from the school district in which the charter school would be 21 located, a statement of community support, and how special 22 education and English as a second language programs will be 23 made available and financed; demonstrate the applicant’s 24 ability to implement the procedures and satisfy the criteria 25 for chartering a school; and describe the measures that will be 26 implemented to provide for oversight of the charter school’s 27 academic, financial, and operational performance, and ensure 28 compliance with the terms of any written contract entered into 29 by the charter school board and the state board. An applicant 30 must file a separate application for each school the applicant 31 intends to charter. 32 The bill sets forth provisions specifying timelines 33 and requirements for the approval or disapproval of an 34 application. Only the state board is authorized to approve 35 -71- LSB 5398HV (2) 84 kh/rj 71/ 81
H.F. 2380 an application. The state board is directed to establish 1 criteria for application approval that at a minimum considers 2 the available capacity and infrastructure identified in the 3 plan, the contracting process specified in the plan, ongoing 4 oversight and evaluation processes relating to administration 5 and staffing, and charter school contract and contract renewal 6 criteria and processes. 7 The approval of an application and renewal of a charter by 8 the state board shall not be conditioned upon the bargaining 9 unit status of the employees of the school. Employees of 10 the board of directors of a charter school may, if otherwise 11 eligible, organize under Code chapter 20 and comply with its 12 provisions. The board of directors of a charter school is 13 a public employer, for the purposes of Code chapter 20, upon 14 formation of one or more bargaining units at the school. 15 OPERATOR OF CHARTER SCHOOL. An operator who successfully 16 completes the department’s orientation program shall, before 17 entering into a contract or other agreement for professional 18 or other services, goods, or facilities, incorporate as a 19 nonprofit corporation and shall establish an initial board of 20 directors composed of at least five voting members, who are not 21 related parties, until a timely election for members of the 22 ongoing charter school board of directors is held according to 23 the school’s articles and bylaws. 24 CHARTER SCHOOL BOARD. Ongoing board members must be elected 25 before the school completes its third year of operation. The 26 articles and bylaws shall include clear policies regarding 27 conflicts of interests and standards of responsibility. Staff 28 members employed at the school and all parents or guardians 29 of children enrolled in the school are the voters eligible to 30 elect charter school board members. 31 The charter school board of directors shall be composed 32 of at least one licensed teacher employed at the school, at 33 least one parent or legal guardian of a student enrolled in 34 the charter school who is not an employee of the charter 35 -72- LSB 5398HV (2) 84 kh/rj 72/ 81
H.F. 2380 school, and at least one interested community member who is 1 not employed by the charter school and does not have a child 2 enrolled in the school. The majority of board members may be 3 teachers. Contractors providing facilities, goods, or services 4 to a charter school shall not serve on the charter school board 5 except that contracts involving no more than $2,500 do not 6 exclude a contractor from board membership. 7 EXPANSION TO ADDITIONAL SITES OR GRADES. The state board 8 may permit the charter school board to expand the operation of 9 the charter school to additional sites or to add additional 10 grades at the school beyond those described in the operator’s 11 approved application only after submitting to the state board a 12 supplemental affidavit that includes a proposed expansion plan 13 that demonstrates need and projected enrollment; documentation 14 that the expansion is warranted, at a minimum, by longitudinal 15 data demonstrating students’ improved academic performance and 16 growth on student assessments; documentation that the charter 17 school is financially sound and the financing it needs to 18 implement the proposed expansion exists; and documentation that 19 the charter school has the governance structure and management 20 capacity to carry out its expansion. 21 OPEN MEETINGS AND RECORDS. The charter school board is a 22 government or governmental body for purposes of Iowa’s open 23 meetings and records laws. 24 AUDIT REQUIREMENTS. As under current law, the charter 25 school must comply with the same statutory audit requirements 26 as a school district. In addition, the charter school must 27 annually submit an audit report to the state board by December 28 31 and include a copy of all charter school agreements for 29 corporate management services. If the audit report finds 30 that a material weakness exists in the school’s financial 31 reporting systems, the school shall submit a written report to 32 the state board explaining how the material weakness will be 33 resolved, and the school’s auditor must agree to make available 34 information about the audit to the state board upon request. 35 -73- LSB 5398HV (2) 84 kh/rj 73/ 81
H.F. 2380 FUNDING. A student enrolled in a charter school shall 1 be counted, for state school foundation aid purposes, in the 2 pupil’s district of residence. The district of residence shall 3 pay to the charter school the state cost per pupil for the 4 previous school year and the combined district cost per pupil, 5 the teacher salary supplement, the professional development 6 supplement, and the early intervention supplement, plus any 7 moneys received for the student as a result of the non-English 8 speaking weighting for the previous school year multiplied 9 by the state cost per pupil for the previous year. Other 10 per pupil moneys may also be payable to a charter school in 11 accordance with the charter school’s approved application. 12 ADMISSION REQUIREMENTS. A charter school may limit 13 admission to the following: students within an age group or 14 grade level, students who are either at risk of dropping out or 15 have dropped out, and residents of a specific geographic area 16 in which the school is located when the majority of students 17 served by the school are eligible for free and reduced price 18 meals under federal guidelines. A charter school shall enroll 19 an eligible student who submits a timely application, unless 20 the number of applications exceeds the capacity of a program, 21 class, grade level, or building. In such case, students shall 22 be accepted by lot. A charter school shall give enrollment 23 preference to a sibling of an enrolled student and to a foster 24 child of that student’s parents and may give preference for 25 enrolling children of the school’s staff before accepting other 26 students by lot. A charter school shall not limit admission 27 to students on the basis of intellectual ability, measures 28 of achievement or aptitude, or athletic ability and may not 29 establish any criteria or requirements for admission that are 30 inconsistent with this Code section. The charter school shall 31 not distribute any services or goods of value to students, 32 parents, or guardians as an inducement, term, or condition of 33 enrolling a student in a charter school. 34 STAFFING REQUIREMENTS AND QUALIFICATIONS. A charter school 35 -74- LSB 5398HV (2) 84 kh/rj 74/ 81
H.F. 2380 shall employ or contract with necessary licensed teachers 1 who hold endorsements to perform the particular service for 2 which they are employed in the school. The school may employ 3 necessary employees who are not required to hold teaching 4 licenses to perform duties other than teaching and may contract 5 for other services. 6 LEASE OF SPACE AND FACILITY CONSTRUCTION. A charter 7 school may lease space from a school district or other public 8 organization; a private, nonprofit nonsectarian organization; 9 a private property owner; or a sectarian organization if the 10 leased space is constructed as a school facility. 11 A charter school may organize an affiliated nonprofit 12 building corporation to renovate or purchase an existing 13 facility to serve as a school or to construct a new school 14 facility. The bill sets forth requirements for such a 15 corporation. 16 RETIREMENT SYSTEMS. Teachers in a charter school are public 17 school teachers and charter schools are employers for the 18 purposes of Iowa public employees’ retirement system. 19 CONTRACT RENEWAL OR NONRENEWAL. The state board may or 20 may not renew a charter school contract at the end of the 21 contract term, and may unilaterally terminate a contract during 22 the term of the contract, for any of the following grounds: 23 failure to meet the requirements for student performance 24 contained in the contract, failure to meet generally accepted 25 standards of fiscal management, violations of law, and other 26 good cause shown, including but not limited to the existence 27 of one or more other grounds for revocation as specified in 28 the contract. The bill specifies the procedures for not 29 renewing or terminating a contract. The state board, after 30 providing reasonable notice to the charter school board, and 31 after providing an opportunity for a public hearing, may 32 terminate the existing contract with the charter school board 33 if the charter school has a history of failure to meet student 34 performance requirements consistent with state law, financial 35 -75- LSB 5398HV (2) 84 kh/rj 75/ 81
H.F. 2380 mismanagement or failure to meet generally accepted standards 1 of fiscal management, or violations of the law. 2 If a contract is not renewed or is terminated, a student 3 who attended the charter school may enroll in the district of 4 residence or may submit an open enrollment application to a 5 nonresident district. The charter school shall transfer the 6 student’s educational records to the student’s new school of 7 enrollment. 8 LEGAL AUTHORITY. The board of directors of a charter school 9 may sue and be sued, the charter school shall not levy taxes 10 or issue bonds, and a charter school is a municipality for 11 purposes of tort liability of governmental subdivisions. 12 DIVISION XIV —— THIRD GRADE LITERACY. The bill provides for 13 early grade student assessments for reading deficiencies and 14 parental notification of reading deficiencies, and retention 15 for such deficiencies at grade three for students who do not 16 demonstrate an acceptable level of performance on reading 17 standardized or alternative assessments. However, school 18 districts are not required to retain students until the school 19 year beginning July 1, 2016. 20 The bill requires the state board of education to adopt 21 guidelines by July 1, 2013, for implementation of the new 22 Code provision established by the bill relating to student 23 progression, retention, and remedial instruction, including 24 but not limited to basic levels of reading proficiency 25 on approved assessments and identification of tools that 26 school districts may use in evaluating and reevaluating any 27 student who may be or who is determined to be deficient in 28 reading, including but not limited to initial assessments and 29 subsequent assessments, alternative assessments, and portfolio 30 reviews. The state board must adopt standards that provide a 31 reasonable expectation that a student’s progress toward reading 32 proficiency is sufficient to master appropriate grade four 33 level reading skills prior to the student’s promotion to grade 34 four. 35 -76- LSB 5398HV (2) 84 kh/rj 76/ 81
H.F. 2380 The director of the department of education is required to 1 identify the scoring levels on approved grade three reading 2 assessments that will trigger the retention of a student; to 3 develop or identify and approve alternative but equivalent 4 qualifying performance measures for students who are not 5 proficient in reading, such as a demonstration of reading 6 mastery evidenced by portfolios of student work; and to 7 establish, subject to an appropriation of state funds, an Iowa 8 reading research center for the application of current research 9 on literacy. 10 School districts must provide intensive reading instruction 11 to students who exhibit a substantial deficiency in reading, 12 based upon locally determined or statewide assessments 13 conducted in kindergarten or grade one, grade two, or grade 14 three, or through teacher observations. The student’s reading 15 proficiency shall be reassessed following the intensive reading 16 instruction. The student shall continue to be provided with 17 intensive reading instruction until the reading deficiency is 18 remedied. 19 School districts must notify at least annually, in writing, 20 the parent or guardian of a student who exhibits a substantial 21 deficiency in reading, the district’s determination that 22 the child is deficient in reading, descriptions of the 23 services currently provided to the child and of the proposed 24 supplemental instructional services and supports that the 25 school district will provide to the child to remediate the 26 deficiency; that if the child’s reading deficiency is not 27 remediated by the end of grade three, the child will be 28 retained unless exempt from mandatory retention for good cause; 29 strategies for parents and guardians to use in helping the 30 child succeed in reading proficiency; that the assessment 31 is not the sole determiner of promotion and that additional 32 evaluations, portfolio reviews, performance measures, and 33 assessments are available to assist parents and the school 34 district in knowing when a child is reading at or above grade 35 -77- LSB 5398HV (2) 84 kh/rj 77/ 81
H.F. 2380 level and ready for promotion; and the district’s specific 1 criteria and policies for midyear promotion. “Midyear 2 promotion”, under the bill, means promotion of a retained 3 student to the next grade level at any time during the year of 4 retention once the student has demonstrated ability to read at 5 grade level. 6 The bill does not preclude the parent or guardian of a 7 student with a reading deficiency from requesting that the 8 student be retained at grade level. 9 If a student’s reading deficiency is not remedied by the 10 end of grade three, the student shall be retained in grade 11 three. The school district can exempt students from mandatory 12 retention for good cause, which under the bill includes 13 limited English proficient students; students requiring special 14 education; students who demonstrate an acceptable level of 15 performance on an approved alternative performance measure; 16 students who demonstrate mastery through a student portfolio; 17 and students who have received intensive remediation in reading 18 for two or more years. 19 Intensive reading instruction for students promoted under 20 good cause must include an altered instructional day that 21 includes specialized diagnostic information and specific 22 reading strategies for each student, and the school district 23 must assist attendance centers and teachers to implement 24 reading strategies. 25 If a student demonstrates acceptable performance through 26 an alternative assessment or student portfolio, the student’s 27 teacher must document the teacher’s recommendation for 28 promotion to the school principal, and if the principal agrees, 29 the principal must make a recommendation to the district 30 superintendent. A parent or guardian may appeal the decision 31 of the superintendent to the school board, but the school 32 board’s decision is final. 33 Each school district shall conduct a review of student 34 progress for any student retained who did not meet the 35 -78- LSB 5398HV (2) 84 kh/rj 78/ 81
H.F. 2380 criteria for a good cause exemption. The review shall address 1 additional supports and services needed to remediate the 2 identified areas of reading deficiency. The school district 3 shall require a student portfolio to be completed for each such 4 student. 5 The intensive supports that a school district must provide 6 free of charge include a minimum of a 90-minute block of 7 scientific-research-based reading instruction and other 8 strategies which may include but are not limited to small group 9 instruction; reduced teacher-student ratios; more frequent 10 progress monitoring; tutoring or mentoring; transition classes 11 containing students in grades three and four; extended school 12 day, week, or year; and summer reading programs. 13 At regular intervals, the school district shall provide 14 a report to the parent or guardian apprising the parent or 15 guardian of academic and other progress being made by the 16 student and giving other useful information. 17 The school district shall implement a policy for the midyear 18 promotion of a student who can demonstrate that the student is 19 a successful and independent reader, reading at or above grade 20 level, and ready to be promoted to grade four. 21 In addition to required reading enhancement and acceleration 22 strategies, school districts must provide parents and guardians 23 of retained students with instructional options such as a plan 24 outlined in a parental contract, including participation in 25 regular parent-guided home reading. 26 School districts, using early intervention moneys received 27 from the state, must also establish a reading enhancement 28 and acceleration development initiative designed to prevent 29 the retention of grade three students and to offer intensive 30 accelerated reading instruction to grade three students 31 who fail to meet standards for promotion to grade four and 32 to each kindergarten through grade three student who is 33 assessed as exhibiting a reading deficiency. The bill amends 34 Code section 256D.2A to authorize use of the state early 35 -79- LSB 5398HV (2) 84 kh/rj 79/ 81
H.F. 2380 intervention moneys on such initiatives. The initiative shall 1 be provided to all kindergarten through grade three students 2 at risk of retention, and shall measure phonemic awareness, 3 phonics, fluency, vocabulary, and comprehension; be provided 4 during regular school hours in addition to regular reading 5 instruction; and provide a reading curriculum that meets the 6 state board’s guidelines and, at a minimum, assists students 7 in developing the ability to read at grade level; provides 8 skill development in phonemic awareness, phonics, fluency, 9 vocabulary, and comprehension; includes scientifically based 10 and reliable assessment; and provides initial and ongoing 11 analysis of each student’s reading progress; is implemented 12 during regular school hours; and provides a curriculum in core 13 academic subjects to assist the student in maintaining or 14 meeting proficiency levels for the appropriate grade in all 15 academic subjects. 16 Each school district shall report to the department 17 the specific intensive reading interventions and supports 18 implemented by the school district, and shall report on the 19 number of students retained under the provisions of the bill. 20 Finally, each school district shall provide a retained 21 student who has received intensive instructional services but 22 is still not ready for grade promotion the option of being 23 placed in a transitional instructional setting specifically 24 designed to produce learning gains sufficient to meet grade 25 four performance standards while continuing to remediate the 26 areas of reading deficiency. 27 DIVISION XV —— HOME RULE AUTHORITY. The bill relates 28 to the power and authority of school districts by amending 29 Code chapter 274 to grant school districts “home rule” power 30 and authority. The board of directors of a school district 31 shall operate, control, and supervise all public schools 32 located within its district boundaries and may exercise any 33 broad and implied power related to the operation, control, 34 and supervision of those public schools except as expressly 35 -80- LSB 5398HV (2) 84 kh/rj 80/ 81
H.F. 2380 prohibited or prescribed by the Constitution of the State of 1 Iowa or by statute. However, school boards shall not have 2 power to levy any tax unless expressly authorized by the 3 general assembly. The new powers and authority shall not apply 4 to a research and development school or to a laboratory school. 5 Code chapters 257, 274 through 301, and other statutes relating 6 to school boards and to school districts shall be liberally 7 construed to effectuate the purposes specified. 8 DIVISION XVI —— ONLINE LEARNING INTERIM STUDY. The bill 9 requests the legislative council to establish an interim study 10 committee relating to online learning and programming for 11 school districts and related educational issues. The objective 12 of the study shall be to review the appropriate use of online 13 learning by school districts, the appropriate levels and 14 sources of funding for online learning, partnerships between 15 school districts and private providers of online programs, and 16 the potential use of online learning as the exclusive means 17 to provide coursework required under the state’s educational 18 standards. The study shall identify opportunities between 19 interested agencies and entities involved in or potentially 20 involved in online learning activities, including but 21 not limited to K-12 schools, AEAs, institutions of higher 22 learning, the public broadcasting division of the department 23 of education, the department of education, and the Iowa 24 communications network. The committee is directed to submit 25 its findings and recommendations in a report to the general 26 assembly by December 14, 2012. 27 DIVISION XVII —— STATE MANDATE. The bill may include a state 28 mandate as defined in Code section 25B.3. The bill requires 29 that the state cost of any state mandate included in the bill 30 be paid by a school district from state school foundation aid 31 received by the school district under Code section 257.16. The 32 specification is deemed to constitute state compliance with 33 any state mandate funding-related requirements of Code section 34 25B.2. 35 -81- LSB 5398HV (2) 84 kh/rj 81/ 81