H.F. 2386 Section 1. Section 256.9, subsection 52, Code Supplement 1 2011, is amended to read as follows: 2 52. Establish and maintain a process and a procedure, in 3 cooperation with the board of educational examiners, to compare 4 a practitioner’s teaching assignment with the license and 5 endorsements held by the practitioner. The director may report 6 noncompliance issues identified by this process to the board of 7 educational examiners pursuant to section 272.15, subsection 8 3 , and may provide for the withholding of state aid to a 9 school district pursuant to section 257.17 if the department 10 determines that the school district is in violation of section 11 279.65, subsection 4 or 5 . 12 Sec. 2. Section 257.17, Code 2011, is amended to read as 13 follows: 14 257.17 Aid reduction for early school starts. 15 State aid payments made pursuant to section 257.16 for a 16 fiscal year shall be reduced by as follows under the following 17 circumstances: 18 1. By one one-hundred-eightieth for each day of that fiscal 19 year for which the school district begins school before the 20 earliest starting date specified in section 279.10, subsection 21 1 . However, this section subsection does not apply to a school 22 district that has received approval from the director of the 23 department of education under section 279.10, subsection 4 , 24 to commence classes for regularly established elementary and 25 secondary schools in advance of the starting date established 26 in section 279.10, subsection 1 . 27 2. By ten percent of the state cost per pupil for each 28 violation of section 279.65 involving a single student as 29 determined by the department of education in accordance with 30 section 256.9, subsection 52. 31 Sec. 3. NEW SECTION . 279.65 Teacher of record —— contact 32 hours and endorsements —— student advancement. 33 1. The state board of education shall define the term 34 “teacher of record” by rule. The definition shall provide, 35 -1- LSB 5404HV (2) 84 kh/rj 1/ 5

H.F. 2386 at a minimum, that the term identifies the teacher who has 1 responsibility for providing instruction in grades six 2 through twelve to a given student for a given subject during 3 each semester. A student may have more than one teacher of 4 record if the school district utilizes team teaching in a 5 given subject or when another teacher provides supplemental 6 instruction. The state board of education shall determine 7 under the definition the share of instructional responsibility 8 to be apportioned to each teacher of a subject or grade level. 9 The definition shall establish guidelines for determining 10 whether a teacher of record is a classroom instructor or 11 provides supplemental education in a subject. 12 2. At least twice annually, a teacher of record and the 13 teacher’s supervisor shall verify and, where appropriate, 14 correct the roster of students for whom the teacher has been 15 assigned responsibility. The teacher of record shall have at 16 least fifty percent of the total contact hours with a given 17 student in a given subject, except when the coursework is 18 offered as an online course supervised by an appropriately 19 licensed teacher. 20 3. A student shall not advance to the next grade level or 21 the next level of coursework unless the student demonstrates 22 proficiency by successfully meeting the minimum course 23 requirements which shall be equally administered for all 24 students as demonstrated by the teacher of record’s published 25 standards for competency and proficiency for the grade level 26 or course or by the school district’s published standards for 27 competency and proficiency for the grade level or course. 28 4. a. A practitioner other than the teacher of record shall 29 not change or modify the course grade assigned to a student by 30 the teacher of record and recorded in a student’s permanent 31 record. 32 b. The department of education shall include on its internet 33 site a complaint form by which a teacher of record may file 34 a complaint with the department regarding a violation of 35 -2- LSB 5404HV (2) 84 kh/rj 2/ 5

H.F. 2386 paragraph “a” . 1 c. If the department of education determines that a 2 practitioner changed or modified a student’s grade in violation 3 of paragraph “a” , the department shall notify the school 4 district that the original grade must be restored in the 5 student’s permanent record within thirty days. If the school 6 district does not comply within the thirty-day time period, 7 the department shall report the failure to comply to the 8 board of educational examiners and request that the board 9 review, in accordance with section 272.2, subsection 4, the 10 license of the administrator who authorized the violation. 11 Prior to initiating a licensee disciplinary investigation or 12 proceeding, or during such an investigation or proceeding, the 13 practitioner shall be given an opportunity to demonstrate to 14 the satisfaction of the board that the grade modification was 15 a good faith error or that there was good cause for the grade 16 modification. 17 5. A teacher of record, in accordance with section 272.7, 18 shall hold an endorsement for the type of service for which the 19 teacher is employed. 20 6. If the department of education determines that a school 21 district is not in compliance with this section, the department 22 shall instruct the director of the department of management to 23 withhold state aid to the school district in accordance with 24 section 257.17, subsection 2. The department of education 25 shall direct the department of management to restore the amount 26 withheld pursuant to this subsection if the department of 27 education determines that the school district is in compliance 28 with this section. 29 EXPLANATION 30 This bill establishes requirements relating to teachers who 31 have the responsibility for providing instruction in grades 32 6 through 12 to a given student for a given subject during 33 each semester, and provides for a reduction or withholding of 34 state aid to a school district if the department of education 35 -3- LSB 5404HV (2) 84 kh/rj 3/ 5

H.F. 2386 determines that the school district is in violation of the 1 requirements set forth in the bill. 2 The bill directs the state board of education to define the 3 term “teacher of record” by rule. A student may have more 4 than one teacher of record if the school district utilizes 5 team teaching. The definition shall determine the share 6 of instructional responsibility to be apportioned to each 7 teacher of a subject or grade level and establish guidelines 8 for determining whether a teacher of record is a classroom 9 instructor or provides supplemental education in a subject. 10 At least twice annually, a teacher of record and the 11 teacher’s supervisor shall verify and, where appropriate, 12 correct the roster of students for whom the teacher has been 13 assigned responsibility. The teacher of record shall have 14 at least 50 percent of the total contact hours with a given 15 student in a given subject, except when the coursework is 16 offered as an online course supervised by an appropriately 17 licensed teacher. 18 A student shall not advance to the next grade level or 19 the next level of coursework unless the student demonstrates 20 proficiency by successfully meeting the minimum course 21 requirements which shall be equally administered for all 22 students as demonstrated by the teacher’s or the school 23 district’s published standards for competency and proficiency 24 for the grade level or course. 25 A practitioner other than the teacher of record shall not 26 change or modify the course grade assigned to a student by the 27 teacher of record and recorded in a student’s permanent record. 28 The department shall include on its internet site a complaint 29 form by which a teacher of record may file a complaint with the 30 department relating to a violation of this requirement. If 31 the department determines that another practitioner changed or 32 modified a student’s grade, the department shall notify the 33 school district that the original grade must be restored in 34 the student’s permanent record within 30 days. If the school 35 -4- LSB 5404HV (2) 84 kh/rj 4/ 5

H.F. 2386 district does not comply within the 30-day time period, the 1 department shall report the failure to comply to the board of 2 educational examiners and request that the board review the 3 license of the administrator who authorized the violation. 4 Prior to initiating a licensee disciplinary investigation or 5 proceeding, or during such an investigation or proceeding, the 6 practitioner shall be given an opportunity to demonstrate to 7 the satisfaction of the board that the grade modification was 8 a good faith error or that there was good cause for the grade 9 modification. 10 A teacher of record shall hold an endorsement for the type of 11 service for which the teacher is employed. 12 If the department determines that a school district is 13 not in compliance with these requirements, the department 14 shall instruct the director of the department of management to 15 withhold state aid to the school district, and may direct the 16 restoration of state aid when the school district is determined 17 to be in compliance. The bill directs that state aid payments 18 made pursuant to Code section 257.16 for a fiscal year shall 19 be reduced by 10 percent of the state cost per pupil for each 20 violation involving a single student as determined by the 21 department. 22 -5- LSB 5404HV (2) 84 kh/rj 5/ 5