Senate Study Bill 3009 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR’S BILL) 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 5398XL (18) 84 kh/rj
S.F. _____ H.F. _____ DIVISION I 1 COMPETENCY-BASED INSTRUCTION 2 Section 1. Section 256.7, subsection 26, paragraph a, 3 Code Supplement 2011, is amended by adding the following new 4 subparagraph: 5 NEW SUBPARAGRAPH . (02) The rules shall allow a school 6 district or accredited nonpublic school to award high school 7 credit to a student upon the demonstration of required 8 competencies for a course or content area, as approved by 9 an appropriately licensed teacher. The school district or 10 accredited nonpublic school shall determine the assessment 11 methods by which a student demonstrates sufficient evidence of 12 the required competencies. 13 Sec. 2. Section 256.11, subsection 5, unnumbered paragraph 14 1, Code 2011, is amended to read as follows: 15 In grades nine through twelve, a unit of credit consists 16 of a course or equivalent related components or partial units 17 taught throughout the academic year. The minimum program to be 18 offered and taught for grades nine through twelve is: 19 Sec. 3. Section 256.11, Code 2011, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 5A. a. As used in subsection 5, “unit” 22 means a course which meets one of the following criteria: 23 (1) The course is taught for at least two hundred minutes 24 per week for thirty-six weeks. 25 (2) The course is taught for the equivalent of one hundred 26 twenty hours of instruction. 27 b. A student shall receive a unit of credit or a partial 28 unit of credit upon successful completion of a course 29 which meets one of the criteria in paragraph “a” or related 30 components equivalent to a course which meets one of the 31 criteria in paragraph “a” . A partial unit of credit shall be 32 calculated in a manner consistent with this subsection. A 33 student may receive credit on a performance basis through the 34 administration of an assessment, provided the assessment covers 35 -1- LSB 5398XL (18) 84 kh/rj 1/ 156
S.F. _____ H.F. _____ the competencies ordinarily included in the regular course. 1 DIVISION II 2 CORE CURRICULUM FRAMEWORK AND CORE CONTENT STANDARDS 3 Sec. 4. Section 256.7, subsection 26, paragraph a, Code 4 Supplement 2011, is amended to read as follows: 5 a. Adopt rules that establish a core curriculum and high 6 school graduation requirements for all students in school 7 districts and accredited nonpublic schools that include at a 8 minimum satisfactory completion of four years of English and 9 language arts, three years of mathematics, three years of 10 science, and three years of social studies. 11 (1) The rules establishing high school graduation 12 requirements shall authorize a school district or 13 accredited nonpublic school to consider that any student who 14 satisfactorily completes a high school-level unit of English 15 or language arts, mathematics, science, or social studies has 16 satisfactorily completed a unit of the high school graduation 17 requirements for that area as specified in this lettered 18 paragraph “a” , and shall authorize the school district or 19 accredited nonpublic school to issue high school credit for the 20 unit to the student. 21 (2) The rules establishing a core curriculum shall address 22 the core content standards in subsection 28 and the skills and 23 knowledge students need to be successful in the twenty-first 24 century . The core curriculum shall include , including but not 25 limited to English and language arts, mathematics, science, 26 social studies and twenty-first century learning skills which 27 include but are not limited to , music and other fine arts, 28 applied arts, foreign languages, physical education, character 29 education, entrepreneurship education, civic literacy, 30 health literacy, technology literacy, financial literacy, and 31 employability skills; and shall address the curricular needs of 32 students in kindergarten through grade twelve in those areas. 33 The department shall further define the twenty-first century 34 learning skills components by rule. 35 -2- LSB 5398XL (18) 84 kh/rj 2/ 156
S.F. _____ H.F. _____ Sec. 5. Section 256.9, Code Supplement 2011, is amended by 1 adding the following new subsections: 2 NEW SUBSECTION . 62. Appoint members to the core curriculum 3 framework and core content standards advisory council 4 established in section 256.41. The director may establish 5 objectives for the council in accordance with section 256.41. 6 NEW SUBSECTION . 63. a. Create and disseminate to school 7 districts, charter schools, and accredited nonpublic schools 8 a model curriculum that is directly tied to the goals, 9 outcomes, and assessment strategies identified in the core 10 content standards. The model curriculum shall identify a 11 developmentally appropriate scope and sequence of instruction 12 applicable to the core content standards, instructional 13 material resources, and teaching and assessment strategies. 14 The model curriculum shall provide guidance to school districts 15 and schools and expand on the core content standards. The 16 model curriculum shall be modified as necessary to incorporate 17 the core curriculum framework developed pursuant to paragraph 18 “b” . 19 b. Develop by July 1, 2015, a core curriculum framework 20 aligned to the core curriculum standards established pursuant 21 to section 256.7, subsection 26. 22 Sec. 6. NEW SECTION . 256.41 Core curriculum framework and 23 core content standards advisory council. 24 1. A core curriculum framework and core content standards 25 advisory council is established under the department. 26 2. The advisory council shall consist of no less than seven 27 members appointed by the director in accordance with sections 28 69.16, 69.16A, and 69.16C. Members shall serve at the pleasure 29 of the director. 30 3. The department is the primary agency responsible for 31 providing administrative personnel and services for the 32 advisory council. 33 4. Members shall elect a chair annually and other officers 34 as the members determine. Members shall establish rules of 35 -3- LSB 5398XL (18) 84 kh/rj 3/ 156
S.F. _____ H.F. _____ procedure for the advisory council. 1 5. The advisory council shall meet at least quarterly and at 2 the call of the chair. 3 6. Members of the advisory council shall serve without 4 compensation but may be reimbursed for actual expenses incurred 5 in the performance of their duties. 6 7. The advisory council shall review the core curriculum, 7 the core content standards, and the model curriculum adopted 8 pursuant to section 256.7, subsections 26, 28, and 63 upon 9 request of the director and make recommendations to the 10 director regarding a core curriculum framework and any 11 necessary changes to the core curriculum content standards and 12 model curriculum. In making recommendations, the advisory 13 council shall seek to further the goals of the core content 14 standards and any objectives established by the director. 15 DIVISION III 16 PARENT ADVOCACY NETWORK 17 Sec. 7. Section 256.9, Code Supplement 2011, is amended by 18 adding the following new subsection: 19 NEW SUBSECTION . 66. Establish a statewide parent 20 advocacy network to create an integrated, accessible set of 21 community-wide resources to support learning and development 22 by July 1, 2013. The statewide parent advocacy network shall 23 include at least one parent representative from each school 24 district in the state. The director shall coordinate with the 25 board of directors of each public school district to facilitate 26 the establishment and maintenance of the statewide parent 27 advocacy network. 28 Sec. 8. NEW SECTION . 279.68 Statewide parent advocacy 29 network. 30 The board of directors of each public school district shall 31 coordinate with the director of the department of education to 32 facilitate the establishment and maintenance of a statewide 33 parent advocacy network pursuant to section 256.9, subsection 34 66. The board of directors of each public school district 35 -4- LSB 5398XL (18) 84 kh/rj 4/ 156
S.F. _____ H.F. _____ shall assist the director of the department of education in 1 identifying at least one representative from each school 2 district in the state to serve on the statewide parent advocacy 3 network. 4 DIVISION IV 5 TEACHER AND ADMINISTRATOR PERFORMANCE 6 Sec. 9. Section 256.7, Code Supplement 2011, is amended by 7 adding the following new subsection: 8 NEW SUBSECTION . 31. a. By January 1, 2013, adopt rules 9 establishing Iowa teaching and administration standards 10 that are aligned with best practices and nationally accepted 11 standards. 12 b. By July 1, 2013, adopt by rule statewide teacher 13 evaluation system and statewide administrator evaluation system 14 pilot programs which shall be implemented during the 2013-2014 15 school year. This paragraph is repealed July 1, 2015. 16 Sec. 10. Section 256.9, Code Supplement 2011, is amended by 17 adding the following new subsection: 18 NEW SUBSECTION . 64. a. Develop a statewide teacher 19 evaluation system and a statewide administrator evaluation 20 system that school districts, charter schools, and accredited 21 nonpublic schools shall use to standardize the instruments 22 and processes used to evaluate teachers and administrators 23 throughout the state. 24 b. The components of the statewide teacher evaluation system 25 shall include but not be limited to the following: 26 (1) Direct observation of classroom teaching behaviors. 27 (2) Strong consideration of student outcome measures, when 28 available for tested subjects and grades, to validate direct 29 observation of classroom teaching behaviors. 30 (3) Integration of the Iowa teaching standards. 31 (4) System applicability to teachers in all content areas 32 taught in a school. 33 Sec. 11. Section 284.3, Code 2011, is amended by adding the 34 following new subsection: 35 -5- LSB 5398XL (18) 84 kh/rj 5/ 156
S.F. _____ H.F. _____ NEW SUBSECTION . 4. This section is repealed July 1, 2013. 1 Sec. 12. Section 284.4, subsection 1, paragraph e, Code 2 2011, is amended to read as follows: 3 e. (1) Adopt a teacher evaluation plan that, at minimum, 4 requires a an annual performance review of teachers in the 5 district at least once every three years based upon the Iowa 6 teaching standards and individual professional development 7 plans in accordance with section 284.8 , and requires 8 administrators to complete evaluator training in accordance 9 with section 284.10 . 10 (2) Adopt, by July 1, 2014, the statewide teacher evaluation 11 system developed pursuant to section 256.9, subsection 64. 12 However, the school district may develop and submit to the 13 department for approval an alternative teacher evaluation 14 system that meets local and state educational goals. In lieu 15 of the statewide teacher evaluation system, the school district 16 may adopt and implement the alternative teacher evaluation 17 system upon receiving approval from the department. 18 Sec. 13. Section 284.8, subsections 1 and 2, Code 2011, are 19 amended to read as follows: 20 1. A school district shall provide for an annual 21 review a of each teacher’s performance at least once every 22 three years for purposes of assisting teachers in making 23 continuous improvement, documenting continued competence in 24 the Iowa teaching standards, identifying teachers in need of 25 improvement, or to determine whether the teacher’s practice 26 meets school district expectations for career advancement in 27 accordance with section 284.7 . The review shall be conducted 28 by at least one evaluator certified in accordance with section 29 284.10, and shall include, at minimum, classroom observation 30 of the teacher, the teacher’s progress, and implementation of 31 the teacher’s individual professional development plan, subject 32 to the level of resources provided to implement the plan; and 33 shall include supporting documentation from parents, students, 34 and other teachers. 35 -6- LSB 5398XL (18) 84 kh/rj 6/ 156
S.F. _____ H.F. _____ 2. If , as a result of a review conducted pursuant to 1 subsection 1, a supervisor or an evaluator determines , at any 2 time, as a result of a teacher’s performance that the a teacher 3 is not meeting district expectations under the Iowa teaching 4 standards specified in section 284.3, subsection 1 , paragraphs 5 “a” through “h” established by the state board by rule , the 6 criteria for the Iowa teaching standards developed by the 7 department in accordance with section 256.9, subsection 46 , and 8 any other standards or criteria established in the collective 9 bargaining agreement, the evaluator shall, at the direction of 10 the teacher’s supervisor, recommend to the district that the 11 teacher participate in an intensive assistance program. The 12 intensive assistance program and its implementation are subject 13 to negotiation and grievance procedures established pursuant to 14 chapter 20 . All school districts shall be prepared to offer an 15 intensive assistance program. 16 Sec. 14. Section 284A.7, Code 2011, is amended to read as 17 follows: 18 284A.7 Evaluation requirements for administrators. 19 1. A school district shall conduct an annual evaluation 20 of an administrator who holds a professional administrator 21 license issued under chapter 272 at least once every three 22 years chapter 256 for purposes of assisting the administrator 23 in making continuous improvement, documenting continued 24 competence in the Iowa standards for school administrators 25 adopted pursuant to section 256.7, subsection 27 , or to 26 determine whether the administrator’s practice meets school 27 district expectations. The review shall include, at a minimum, 28 an assessment of the administrator’s competence in meeting 29 the Iowa standards for school administrators and the goals of 30 the administrator’s individual professional development plan, 31 including supporting documentation or artifacts aligned to the 32 Iowa standards for school administrators and the individual 33 administrator’s professional development plan. 34 2. Adopt the statewide administrator evaluation system 35 -7- LSB 5398XL (18) 84 kh/rj 7/ 156
S.F. _____ H.F. _____ developed pursuant to section 256.9, subsection 64. However, 1 the school district may develop and submit to the department 2 for approval an alternative administrator evaluation system 3 that meets local and state educational goals. In lieu of 4 the statewide administrator evaluation system, the school 5 district may adopt and implement the alternative administrator 6 evaluation system upon receiving approval from the department. 7 Sec. 15. STATEWIDE EDUCATOR EVALUATION SYSTEM TASK 8 FORCE. The director of the department of education shall 9 appoint, and provide staffing services for, a task force to 10 conduct a study regarding a statewide teacher evaluation 11 system and a statewide administrator evaluation system. The 12 study of a statewide teacher evaluation system shall include a 13 review of student outcome measures described in section 256.9, 14 subsection 64, paragraph “b”, subparagraph (2). To the extent 15 possible, appointments shall be made to provide geographical 16 area representation and to comply with sections 69.16, 69.16A, 17 and 69.16C. The task force, at a minimum, shall include in its 18 recommendations and proposal a tiered evaluation system that 19 differentiates ineffective, minimally effective, effective, and 20 highly effective performance by teachers and administrators. 21 The task force shall submit its findings, recommendations, and 22 a proposal for each system to the state board of education by 23 October 15, 2012. 24 Sec. 16. TEACHER PERFORMANCE, COMPENSATION, AND CAREER 25 DEVELOPMENT TASK FORCE. 26 1. The director of the department of education shall 27 appoint, and provide staffing services for, a teacher 28 performance, compensation, and career development task force 29 to develop recommendations for a new teacher compensation 30 system to replace the current teacher compensation system which 31 addresses, at a minimum, the following: 32 a. The duties and responsibilities of apprentice, career, 33 mentor, and master teachers. 34 b. Utilizing retired teachers as mentors. 35 -8- LSB 5398XL (18) 84 kh/rj 8/ 156
S.F. _____ H.F. _____ c. Strategic and meaningful uses of finite resources and the 1 realignment of resources currently available. 2 d. Mechanisms to substantially increase the average salary 3 of teachers who assume leadership roles within the profession. 4 e. Standardizing implementation of task force 5 recommendations in all of Iowa’s school districts and public 6 charter schools. 7 2. The director of the department of education shall appoint 8 and provide staffing services for a task force whose members 9 shall represent teachers, parents, school administrators, 10 and business and community leaders. Insofar as practicable, 11 appointments shall be made to provide geographical area 12 representation and to comply with sections 69.16, 69.16A, and 13 69.16C. 14 3. The state board of education shall consider the findings 15 and recommendations of the task force when adopting rules 16 establishing Iowa teaching standards pursuant to this Act. 17 4. The task force shall submit its findings and 18 recommendations in a report to the state board of education, 19 the governor, and the general assembly by October 15, 2012. 20 Sec. 17. REPEAL. Section 284.14A, Code 2011, is repealed. 21 Sec. 18. EFFECTIVE UPON ENACTMENT. The sections of 22 this division of this Act providing for the appointment of 23 the statewide educator evaluation system task force and the 24 appointment of the teacher performance, compensation, and 25 career development task force, being deemed of immediate 26 importance, take effect upon enactment. 27 DIVISION V 28 INNOVATION ACCELERATION PROGRAM —— FUND 29 Sec. 19. NEW SECTION . 256.65 Innovation acceleration 30 program —— fund. 31 1. An innovation acceleration program is established 32 in the department to be administered by the department to 33 provide competitive grants to applicants with a record of 34 improving student achievement and educational attainment in 35 -9- LSB 5398XL (18) 84 kh/rj 9/ 156
S.F. _____ H.F. _____ order to expand the implementation of, and investment in, 1 innovative practices that are demonstrated to have an impact 2 on improving student achievement or student growth, closing 3 achievement gaps, decreasing dropout rates, increasing parental 4 involvement, increasing attendance rates, increasing high 5 school graduation rates, or increasing college and career 6 program enrollment and completion rates. The state board shall 7 adopt rules relating to applicant eligibility, application 8 procedures, and awarding of grants. 9 2. The program shall be designed to enable grantees to 10 accomplish all of the following: 11 a. Expand and develop innovative practices that can serve as 12 models of best practices. 13 b. Work in partnership with the private sector, 14 community-based organizations, and the philanthropic community. 15 c. Identify and document best practices that can be shared 16 and expanded based on demonstrated success. 17 3. An innovation acceleration fund is created in the state 18 treasury under the control of the department. The fund shall 19 be administered by the director and shall consist of all moneys 20 deposited in the fund, including any moneys appropriated by the 21 general assembly and any other moneys available to and obtained 22 or accepted by the department from local, state, federal, or 23 private sources for purposes of the innovation acceleration 24 program. Notwithstanding section 8.33, moneys in the fund at 25 the end of a fiscal year shall not revert to the general fund 26 of the state. Notwithstanding section 12C.7, subsection 2, 27 interest or earnings on moneys in the fund shall be credited 28 to the fund. 29 DIVISION VI 30 ONLINE LEARNING 31 Sec. 20. Section 256.7, subsection 8, Code Supplement 2011, 32 is amended by striking the subsection and inserting in lieu 33 thereof the following: 34 8. Adopt rules providing for the establishment of an online 35 -10- LSB 5398XL (18) 84 kh/rj 10/ 156
S.F. _____ H.F. _____ learning program model. For purposes of this section and 1 sections 256.9 and 256.27, “online learning” means educational 2 instruction and content which is delivered primarily over the 3 internet. “Online learning” does not include printed-based 4 correspondence education, broadcast television or radio, 5 videocassettes, or stand-alone educational software programs 6 that do not have a significant internet-based instructional 7 component. 8 Sec. 21. Section 256.9, Code Supplement 2011, is amended by 9 adding the following new subsection: 10 NEW SUBSECTION . 65. a. Develop and establish an online 11 learning program model in accordance with rules adopted 12 pursuant to section 256.7, subsection 8. 13 b. Grant a waiver to school districts, charter schools, 14 and accredited nonpublic schools that implement an online 15 learning program aligned with the program model developed and 16 established pursuant to this subsection. A school district or 17 school seeking a waiver pursuant to this paragraph shall submit 18 a plan for an online learning program to the director for 19 approval. A school district or school whose online learning 20 program plan is approved by the director may be granted a 21 waiver only for purposes of implementing the approved online 22 learning program. The standards that may be waived pursuant to 23 this paragraph are as follows: 24 (1) The minimum number of instructional days required 25 pursuant to section 279.10, subsection 1, and the minimum 26 number of instructional hours required pursuant to section 27 256.7, subsection 19. Notwithstanding any provision to the 28 contrary, the waiver may exempt school districts and schools 29 from any statutory requirement that students be physically 30 present in a school building and under the guidance and 31 instruction of the instructional professional staff employed by 32 the school district or the school except as necessary under the 33 rules adopted pursuant to section 256.7, subsection 8. 34 (2) Any statutory requirement that a subject being studied 35 -11- LSB 5398XL (18) 84 kh/rj 11/ 156
S.F. _____ H.F. _____ by a student enrolled in an approved online learning program be 1 a subject that is offered and taught by the professional staff 2 of the school district or school. 3 c. Require that the school district or school granted a 4 waiver pursuant to paragraph “b” implement and incorporate 5 into its comprehensive school improvement plan required under 6 section 256.7, subsection 21, accountability measures designed 7 to demonstrate that academic credit is awarded based upon 8 successful completion of content or achievement of competencies 9 by students enrolled in the approved online learning program. 10 d. Establish criteria for school districts or schools to 11 use when choosing providers of online learning to meet the 12 online learning program requirements specified in rules adopted 13 pursuant to section 256.7, subsection 8. 14 Sec. 22. NEW SECTION . 256.27 Online learning program model. 15 1. Online learning program model established. The director, 16 pursuant to section 256.9, subsection 65, shall establish an 17 online learning program model that provides for the following: 18 a. Online access to high-quality content, instructional 19 materials, and blended learning. 20 b. Coursework customized to the needs of the student using 21 online content. 22 c. A means for a student to demonstrate competency in 23 completed online coursework. 24 d. High-quality online instruction taught by appropriately 25 licensed teachers. 26 e. Online content and instruction evaluated on the basis of 27 student learning outcomes. 28 f. Use of funds available for online learning for program 29 development, implementation, and innovation. 30 g. Infrastructure that supports online learning. 31 h. Online administration of online course assessments. 32 2. Online learning program waiver application. A school 33 district, charter school, or accredited nonpublic school may 34 apply to the department for a waiver to implement an online 35 -12- LSB 5398XL (18) 84 kh/rj 12/ 156
S.F. _____ H.F. _____ learning program pursuant to section 256.9, subsection 65. 1 3. Private providers. At the discretion of the school board 2 or authorities in charge of an accredited nonpublic school, 3 after consideration of circumstances created by necessity, 4 convenience, and cost-effectiveness, courses developed by 5 private providers may be utilized by the school district or 6 school in implementing a high-quality online learning program. 7 Courses obtained from private providers shall be taught by 8 teachers licensed under this chapter. 9 4. Grading. Grades in online courses shall be based, 10 at a minimum, on whether a student mastered the subject, 11 demonstrated competency, and met the standards established 12 by the school district. Grades shall be conferred by 13 appropriately licensed teachers only. 14 5. Accreditation criteria. All online courses and programs 15 shall meet existing accreditation standards. 16 Sec. 23. Section 256.33, subsection 1, Code 2011, is amended 17 to read as follows: 18 1. The department shall consort with school districts, 19 area education agencies, community colleges, and colleges 20 and universities to provide assistance to them in the use 21 of educational technology for instruction purposes. The 22 department shall consult with the advisory committee on 23 telecommunications, established in section 256.7, subsection 7 , 24 and other users of educational technology on the development 25 and operation of programs under this section , section 256.9, 26 subsection 65, and section 256.27 . 27 DIVISION VII 28 EDUCATIONAL STANDARDS EXEMPTIONS 29 Sec. 24. Section 256.11, subsection 8, Code 2011, is amended 30 to read as follows: 31 8. a. Upon request of the board of directors of a public 32 school district or the authorities in charge of a nonpublic 33 school, the director may, for a number of years to be specified 34 by the director, grant the district board or the authorities 35 -13- LSB 5398XL (18) 84 kh/rj 13/ 156
S.F. _____ H.F. _____ in charge of the nonpublic school exemption from one or more 1 of the requirements of the educational program specified in 2 subsection 5 . The exemption may be renewed. Exemptions 3 shall be granted only if the director deems that the request 4 made is an essential part of a planned innovative curriculum 5 project which the director determines will adequately meet 6 the educational needs and interests of the pupils and be 7 broadly consistent with the intent of the educational program 8 as defined in subsection 5 . The request for exemption shall 9 include all of the following: 10 a. (1) Rationale of the project to include supportive 11 research evidence. 12 b. (2) Objectives of the project. 13 c. (3) Provisions for administration and conduct of the 14 project, including the use of personnel, facilities, time, 15 techniques, and activities. 16 d. (4) Plans for evaluation of the project by testing 17 and observational measures of pupil progress in reaching the 18 objectives. 19 e. (5) Plans for revisions of the project based on 20 evaluation measures. 21 f. (6) Plans for periodic reports to the department. 22 g. (7) The estimated cost of the project. 23 b. Upon request of the board of directors of a public 24 school district, the director may, for a number of years to be 25 specified by the director, grant the district board exemption 26 from one or more of the requirements of the educational program 27 specified in this section if the school district complies with 28 the requirements set forth in section 256F.4, subsection 2, 29 paragraphs “a” through “m” , the request for exemption includes 30 the components specified in paragraph “a” , subparagraphs (1) 31 through (7), and the director deems that the request made is an 32 essential part of a planned innovative curriculum project which 33 the director determines will adequately meet the educational 34 needs and interests of the pupils and be broadly consistent 35 -14- LSB 5398XL (18) 84 kh/rj 14/ 156
S.F. _____ H.F. _____ with the intent of the educational program as defined in this 1 section. 2 c. The director shall submit a report by February 1, 3 annually, to the state board, the governor, and the general 4 assembly that lists all of the exemptions granted pursuant to 5 this subsection and the reasons for which each exemption was 6 granted by the director. 7 DIVISION VIII 8 EDUCATOR IDENTIFIER SYSTEM AND EDUCATION 9 PLACEMENT CLEARINGHOUSE 10 Sec. 25. NEW SECTION . 256.28 Educator identifier system and 11 education placement clearinghouse. 12 1. For purposes of this section, unless the context 13 otherwise requires: 14 a. “Educator” means a teacher or principal. 15 b. “Principal” means the same as defined in section 256.100, 16 subsection 10. 17 c. “Teacher” means the same as defined in section 256.100, 18 subsection 17. 19 2. Subject to an appropriation of sufficient funds by the 20 general assembly, there is established within the department 21 an educator identifier system and an education placement 22 clearinghouse for use by all educators and potential educators 23 and by Iowa’s school districts, area education agencies, 24 charter schools, and accredited nonpublic schools. 25 3. The educator identifier system shall be designed for the 26 purposes of providing information for the following uses: 27 a. Studying teacher shortage areas and identifying any 28 possible solutions. 29 b. Studying practitioner preparation programs, educator 30 professional development programs, and educator mobility and 31 retention issues. 32 c. Improving teaching and student learning, including the 33 use of data to recognize, reward, and develop the careers of 34 individual educators. 35 -15- LSB 5398XL (18) 84 kh/rj 15/ 156
S.F. _____ H.F. _____ d. Collecting data for use in developing a longitudinal data 1 system that may be used with the educator identifier system to 2 match educators to students. 3 e. Allowing the state to gather baseline data about the 4 distribution of highly qualified teachers, including the number 5 and percent of teachers employed in schools in the state with 6 the highest-poverty and lowest-poverty levels, and to take 7 actions to address any inequities in the distribution of highly 8 qualified teachers throughout the state. 9 f. Enabling teachers to enhance student instruction through 10 the use of performance and longitudinal growth data. 11 4. A person who applies for or holds a license issued under 12 chapter 256 shall be assigned a unique identifier under the 13 educator identifier system. 14 5. The unique identifier shall not use any personal 15 identifying information, such as social security numbers or 16 contact information, except for alignment purposes in data 17 processing. Any such personal identifying information that 18 is collected for alignment purposes shall be maintained in a 19 secure data location so data sets can be matched based on the 20 personal identifying information when the identifier is not 21 included. 22 6. The educator identifier system shall include, at a 23 minimum, all of the following protections for educators, school 24 districts, area education agencies, charter schools, and 25 practitioner preparation programs: 26 a. The use of information that a school district, area 27 education agency, or charter school obtains from any other 28 source shall not be restricted by the provisions of this 29 subsection. 30 b. This subsection does not restrict the authority of a 31 school district, area education agency, or charter school to 32 do any of the following: 33 (1) Assign individual educators to specific grades, levels, 34 programs, or schools. 35 -16- LSB 5398XL (18) 84 kh/rj 16/ 156
S.F. _____ H.F. _____ (2) Direct the professional development of individual 1 educators. 2 (3) Collaboratively design and develop, with representation 3 from the teachers and principals employed by the school 4 district, area education agency, and charter school, 5 alternative compensation plans through the procedures adopted 6 by the school district, area education agency, or charter 7 school for setting educator compensation. 8 c. The director, after consultation with practitioner 9 preparation programs, shall establish protocols for the release 10 of system data relating to graduates to their respective 11 practitioner preparation programs for the purpose of program 12 evaluation. Protocols shall comply with all federal laws. 13 d. The department may use system data to preliminarily 14 identify practices that show promise of improving student 15 outcomes or educator performance, if the practices are verified 16 by additional evidence. 17 e. The system shall comply with all state and federal 18 privacy laws in order to ensure the confidentiality and 19 appropriate uses of information included in the system. 20 Aggregate, nonidentifying information obtained from the 21 system shall be made available at multiple levels, including 22 state, school district, area education agency, charter school, 23 practitioner preparation program, nongovernmental entity, 24 and individual levels, through varying degrees of access, as 25 designated by the director. 26 7. Notwithstanding any provisions of this section to the 27 contrary, a school district, charter school, or area education 28 agency may use the system to merge, manage, or access any 29 information that it is otherwise authorized to obtain and 30 the use of such information shall not be restricted in any 31 way that is otherwise permitted by federal or state statute. 32 Information obtained through the system that school districts, 33 charter schools, or area education agencies are not otherwise 34 authorized to obtain may be used to achieve the purposes 35 -17- LSB 5398XL (18) 84 kh/rj 17/ 156
S.F. _____ H.F. _____ described in subsection 3, so long as it is not used in any way 1 inconsistent with the protections set out in subsection 6. 2 8. The education placement clearinghouse shall be designed 3 and implemented for the posting of all education job openings 4 offered by the school districts, area education agencies, 5 charter schools, and accredited nonpublic schools in the state. 6 a. School districts, area education agencies, charter 7 schools, and accredited nonpublic schools shall submit their 8 education job openings to the department for posting on the 9 department’s internet site. 10 b. An applicant shall apply once to the department, upon 11 forms furnished or made available in electronic form and 12 prescribed by the director, and shall indicate the applicant’s 13 job interests, including but not limited to regions of 14 interest, levels or areas of endorsement and licensure, and 15 interests in current job postings on the department’s internet 16 site. Only applicants who apply and meet requirements of this 17 paragraph are eligible to be interviewed for a job opening 18 posted pursuant to paragraph “a” . The director shall provide 19 applicants with an option to update the information submitted 20 in accordance with this paragraph. 21 c. The director shall develop and implement a screening 22 process to identify high-quality educators that uses but is 23 not limited to the data collected from the educator identifier 24 system. 25 d. A school district, area education agency, charter school, 26 or accredited nonpublic school that interviews an applicant 27 pursuant to paragraph “b” may request information from the 28 applicant that was not collected and is not maintained by the 29 clearinghouse, but shall not ask an applicant for information 30 that duplicates information collected from the applicant and 31 maintained by the clearinghouse. 32 e. This subsection shall not be construed to discourage 33 a school district, area education agency, charter school, or 34 accredited nonpublic school from advertising, or from otherwise 35 -18- LSB 5398XL (18) 84 kh/rj 18/ 156
S.F. _____ H.F. _____ making known, the positions available through the education 1 placement clearinghouse. 2 DIVISION IX 3 CLASS SHARING AGREEMENTS 4 Sec. 26. Section 257.11, subsection 3, Code 2011, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . c. A school district that collaborates with 7 a community college to provide a college-level class that uses 8 an activities-based, project-based, and problem-based learning 9 approach and that is offered through a partnership with a 10 nationally recognized provider of rigorous and innovative 11 science, technology, engineering, and mathematics curriculum 12 for schools, which provider is exempt from taxation under 13 section 501(c)(3) of the Internal Revenue Code, is eligible to 14 receive additional weighting under a supplementary weighting 15 plan adopted pursuant to this subsection. 16 DIVISION X 17 STATE BOARD OF EDUCATION LICENSURE PROVISIONS 18 Sec. 27. NEW SECTION . 256.100 Definitions. 19 As used in this subchapter, unless the context otherwise 20 requires: 21 1. “Administrator” means a person who is licensed to 22 coordinate, supervise, or direct an educational program or the 23 activities of other practitioners. 24 2. “Board” means the board of educational examiners. 25 3. “Certificate” means limited recognition to perform 26 instruction and instruction-related duties in school, other 27 than those duties for which practitioners are licensed. A 28 certificate is nonexclusive recognition and does not confer the 29 exclusive authority of a license. 30 4. “License” means the authority that is given to allow 31 a person to legally serve as a practitioner, a school, an 32 institution, or a course of study to legally offer professional 33 development programs, other than those programs offered by 34 practitioner preparation schools, institutions, courses of 35 -19- LSB 5398XL (18) 84 kh/rj 19/ 156
S.F. _____ H.F. _____ study, or area education agencies. A license is the exclusive 1 authority to perform these functions. 2 5. “Paraeducator” means a person who is certified to assist 3 a teacher in the performance of instructional tasks to support 4 and assist classroom instruction and related school activities. 5 6. “Practitioner” means an administrator, teacher, or other 6 licensed professional, including an individual who holds a 7 statement of professional recognition, who provides educational 8 assistance to students. 9 7. “Practitioner preparation program” means a program 10 approved by the state board which prepares a person to obtain a 11 license as a practitioner. 12 8. “Principal” means a licensed member of a school’s 13 instructional staff who serves as an instructional leader, 14 coordinates the process and substance of educational and 15 instructional programs, coordinates the budget of the school, 16 provides formative evaluation for all practitioners and other 17 persons in the school, recommends or has effective authority 18 to appoint, assign, promote, or transfer personnel in a school 19 building, implements the local school board’s policy in a 20 manner consistent with professional practice and ethics, and 21 assists in the development and supervision of a school’s 22 student activities program. 23 9. “Professional development program” means a course or 24 program which is offered by a person or agency for the purpose 25 of providing continuing education for the renewal or upgrading 26 of a practitioner’s license. 27 10. “School” means a school under section 280.2, an area 28 education agency, and a school operated by a state agency for 29 special purposes. 30 11. “School administration manager” means a person who 31 is authorized to assist a school principal in performing 32 noninstructional administrative duties. 33 12. “School service personnel” means those persons holding 34 a practitioner’s license who provide support services for a 35 -20- LSB 5398XL (18) 84 kh/rj 20/ 156
S.F. _____ H.F. _____ student enrolled in school or to practitioners employed in a 1 school. 2 13. “State board” means the state board of education. 3 14. “Student” means a person who is enrolled in a course of 4 study at a school or practitioner preparation program, or who 5 is receiving direct or indirect assistance from a practitioner. 6 15. “Superintendent” means an administrator who promotes, 7 demotes, transfers, assigns, or evaluates practitioners or 8 other personnel, and carries out the policies of a governing 9 board in a manner consistent with professional practice and 10 ethics. 11 16. “Teacher” means a licensed member of a school’s 12 instructional staff who diagnoses, prescribes, evaluates, 13 and directs student learning in a manner which is consistent 14 with professional practice and school objectives, shares 15 responsibility for the development of an instructional program 16 and any coordinating activities, evaluates or assesses student 17 progress before and after instruction, and who uses the student 18 evaluation or assessment information to promote additional 19 student learning. 20 Sec. 28. NEW SECTION . 256.101 Duties of the state board. 21 The state board shall do the following: 22 1. Adopt rules pursuant to chapter 17A to implement this 23 subchapter. 24 2. a. Provide for the licensure of practitioners and the 25 issuance of certificates, authorizations, and statements of 26 professional recognition to other education-related personnel; 27 establish criteria for licenses, certificates, authorizations, 28 and statements of professional recognition; establish 29 application, issuance, revocation, suspension, and renewal 30 requirements and procedures; create licenses that authorize 31 different instructional functions or specialties; and develop 32 any other classifications, distinctions, and procedures which 33 may be necessary to exercise licensing duties. 34 b. Provide for, in accordance with paragraph “a” , the 35 -21- LSB 5398XL (18) 84 kh/rj 21/ 156
S.F. _____ H.F. _____ issuance of statements of professional recognition to 1 school service personnel who have attained a minimum of 2 a baccalaureate degree and who are licensed by another 3 professional licensing board, including but not limited to 4 athletic trainers licensed under chapter 152D. 5 c. Provide for, in accordance with paragraph “a” , the 6 issuance of authorizations for practitioners who are not 7 eligible for a statement of professional recognition under 8 paragraph “b” , but have received a baccalaureate degree and 9 provide a service to students at any level from prekindergarten 10 through grade twelve for a school district, accredited 11 nonpublic school, area education agency, or preschool program 12 established pursuant to chapter 256C. 13 3. Develop and adopt a code of professional rights and 14 responsibilities, practices, and ethics, which shall, among 15 other things, address the failure of a practitioner to 16 fulfill contractual obligations under section 279.13. In 17 addressing the failure of a practitioner to fulfill contractual 18 obligations, the rules shall allow consideration of factors 19 beyond the practitioner’s control. 20 4. Provide annually to any person who holds a license, 21 certificate, authorization, or statement of professional 22 recognition issued by the department, training relating to 23 the knowledge and understanding of the state board’s code 24 of professional conduct and ethics. The department shall 25 develop a curriculum that addresses the code of professional 26 conduct and ethics and shall annually provide regional training 27 opportunities throughout the state. 28 5. Establish fees for a license, certificate, 29 authorization, or statement of professional recognition issued 30 pursuant to this subchapter. 31 6. Enter into reciprocity agreements with other equivalent 32 state boards or a national certification board to provide for 33 licensing of applicants from other states or nations. 34 7. Establish and adopt standards for the determination 35 -22- LSB 5398XL (18) 84 kh/rj 22/ 156
S.F. _____ H.F. _____ of whether an applicant is qualified to perform the duties 1 required for a given license. 2 8. Provide alternative pathways to the initial teacher 3 license and initial administrator license or endorsement in 4 accordance with section 256.124. The rules shall prescribe 5 standards and procedures for the approval of alternative 6 principal licensing programs which may be offered in this state 7 by designated agencies located within or outside this state. 8 Procedures provided for approval of alternative principal 9 licensing programs shall include procedures for enforcement of 10 the prescribed standards. 11 9. Adopt rules to determine whether an applicant is 12 qualified to perform the duties for which a license, 13 certificate, authorization, or statement of professional 14 recognition is sought. The rules shall include all of the 15 following: 16 a. Provision for the denial of a license, certificate, 17 authorization, or statement of professional recognition of a 18 person upon the department’s finding, and for the revocation 19 of a license, certificate, authorization, or statement of 20 professional recognition upon the board’s finding, by a 21 preponderance of evidence that either the person has been 22 convicted of a crime or that there has been a founded report of 23 child abuse against the person. Rules adopted in accordance 24 with this paragraph shall provide that in determining whether 25 a person should be denied a license or that a practitioner’s 26 license should be revoked, the department or board, as 27 appropriate, shall consider the nature and seriousness of the 28 founded abuse or crime in relation to the position sought or 29 held, the time elapsed since the crime was committed, the 30 degree of rehabilitation which has taken place since the 31 incidence of founded abuse or the commission of the crime, 32 the likelihood that the person will commit the same abuse or 33 crime again, and the number of founded abuses committed by or 34 criminal convictions of the person involved. 35 -23- LSB 5398XL (18) 84 kh/rj 23/ 156
S.F. _____ H.F. _____ b. Notwithstanding paragraph “a” , a requirement that the 1 department disqualify an applicant for a license, certificate, 2 authorization, or statement of professional recognition or that 3 the board revoke the license, certificate, authorization, or 4 statement of professional recognition of a person for any of 5 the following reasons: 6 (1) The person entered a plea of guilty to, or has been 7 found guilty of, any of the following offenses, whether or not 8 a sentence is imposed: 9 (a) Any of the following forcible felonies included in 10 section 702.11: child endangerment, assault, murder, sexual 11 abuse, or kidnapping. 12 (b) Any of the following sexual abuse offenses, as provided 13 in chapter 709, involving a child: 14 (i) First, second, or third degree sexual abuse committed on 15 or with a person who is under the age of eighteen years. 16 (ii) Lascivious acts with a child. 17 (iii) Assault with intent to commit sexual abuse. 18 (iv) Indecent contact with a child. 19 (v) Sexual exploitation by a counselor. 20 (vi) Lascivious conduct with a minor. 21 (vii) Sexual exploitation by a school employee. 22 (c) Enticing a minor under section 710.10. 23 (d) Human trafficking under section 710A.2. 24 (e) Incest involving a child under section 726.2. 25 (f) Dissemination and exhibition of obscene material to 26 minors under section 728.2. 27 (g) Telephone dissemination of obscene material to minors 28 under section 728.15. 29 (h) Any offense specified in the laws of another 30 jurisdiction, or any offense that may be prosecuted in federal, 31 military, or foreign court, that is comparable to an offense 32 listed in this subparagraph (1). 33 (i) Any offense under prior laws of this state or another 34 jurisdiction, or any offense under prior law that was 35 -24- LSB 5398XL (18) 84 kh/rj 24/ 156
S.F. _____ H.F. _____ prosecuted in a federal, military, or foreign court, that is 1 comparable to an offense listed in this subparagraph (1). 2 (2) The applicant is less than twenty-one years of age 3 except as provided in section 256.117, subsection 1, paragraph 4 “e” . However, a student enrolled in a practitioner preparation 5 program who meets state board requirements for a temporary, 6 limited-purpose license who is seeking to teach as part of a 7 practicum or internship may be less than twenty-one years of 8 age. 9 (3) The applicant’s application is fraudulent. 10 (4) The applicant’s license or certification from another 11 state is suspended or revoked. 12 (5) The applicant fails to meet state board standards for 13 application for an initial or renewed license. 14 c. Qualifications or criteria for the granting or 15 revocation of a license or the determination of an individual’s 16 professional standing shall not include membership or 17 nonmembership in any teachers’ organization. 18 d. An applicant for a license or certificate under this 19 subchapter shall demonstrate that the requirements of the 20 license or certificate have been met and the burden of proof 21 shall be on the applicant. 22 10. Adopt criteria for administrative endorsements that 23 allow a person to achieve the endorsement authorizing the 24 person to serve as an elementary or secondary principal without 25 regard to the grade level at which the person accrued teaching 26 experience. 27 11. Adopt rules to require that a background investigation 28 be conducted by the division of criminal investigation of the 29 department of public safety on all initial applicants for 30 licensure. 31 Sec. 29. NEW SECTION . 256.102 Duties of the department. 32 The department shall do the following: 33 1. Carry out programs and policies as determined by the 34 state board, and the duties and responsibilities of the 35 -25- LSB 5398XL (18) 84 kh/rj 25/ 156
S.F. _____ H.F. _____ department as set forth in this subchapter. 1 2. License practitioners and issue certificates, 2 authorizations, and statements of professional recognition in 3 accordance with rules adopted pursuant to section 256.101. 4 3. Enforce rules adopted by the state board under section 5 256.101 and the actions taken by the board under section 6 256.105 or 256.106, including but not limited to enforcement 7 of disciplinary action against a practitioner, practitioner 8 preparation program, or professional development program 9 licensed or approved by the department. 10 4. Create license, certificate, authorization, and 11 statement of professional recognition application and renewal 12 forms. 13 5. Collect and refund fees for a license, certificate, 14 authorization, or statement of professional recognition issued 15 pursuant to this subchapter. 16 6. Make recommendations to the state board concerning 17 standards for the approval of professional development 18 programs. 19 7. Apply for and receive federal or other funds on behalf of 20 the state for purposes related to its duties. 21 8. Require all initial applicants to submit a completed 22 fingerprint packet which the department shall use to facilitate 23 a national criminal history background check. The department 24 shall have access to, and shall review, the sex offender 25 registry information under section 692A.121 available to 26 the general public, the central registry for child abuse 27 information established under chapter 235A, and the dependent 28 adult abuse records maintained under chapter 235B for 29 information regarding applicants for license renewal. 30 9. Evaluate and conduct studies of state board standards. 31 10. Periodically review the administrative rules adopted 32 pursuant to this subchapter and related state laws. The 33 department shall compile and submit the department’s findings 34 and recommendations in a written report to the state board, the 35 -26- LSB 5398XL (18) 84 kh/rj 26/ 156
S.F. _____ H.F. _____ board, and the general assembly by January 15, 2014, and every 1 three years thereafter. 2 Sec. 30. NEW SECTION . 256.103 Fees —— expenditures and 3 refunds. 4 1. It is the intent of the general assembly that licensing 5 fees established by the state board be sufficient to finance 6 the activities of the state board, the board, and the 7 department under this subchapter. 8 2. Licensing fees are payable to the treasurer of state and 9 shall be deposited with the department. The licensing fees 10 collected during the fiscal year shall be retained by and are 11 appropriated to the department for the purposes related to the 12 administration of this subchapter. Notwithstanding section 13 8.33, licensing fees retained by and appropriated to the 14 department pursuant to this section that remain unencumbered or 15 unobligated at the close of the fiscal year shall not revert 16 but shall remain available for expenditure for purposes of 17 the administration of this subchapter until the close of the 18 succeeding fiscal year. 19 3. The director shall keep an accurate and detailed account 20 of the fees received. 21 4. The department shall submit a detailed annual financial 22 report by January 1 to the general assembly and the legislative 23 services agency. 24 5. Expenditures and refunds made for purposes of this 25 subchapter shall be certified by the director to the director 26 of the department of administrative services and, if found 27 correct, the director of the department of administrative 28 services shall approve the expenditures and refunds and 29 draw warrants upon the treasurer of state from the funds 30 appropriated for that purpose. 31 Sec. 31. NEW SECTION . 256.104 Board of educational 32 examiners created. 33 1. The board of educational examiners is established to 34 enforce rules adopted by the state board through revocation 35 -27- LSB 5398XL (18) 84 kh/rj 27/ 156
S.F. _____ H.F. _____ or suspension of a license, certificate, authorization, or 1 statement of professional recognition or by other disciplinary 2 action against a person who holds a license, certificate, 3 authorization, or statement of professional recognition or 4 professional development program approved by the state board 5 and to hear appeals regarding application, renewal, suspension, 6 or revocation of a license, certificate, authorization, or 7 statement of professional recognition issued pursuant to this 8 subchapter. 9 2. The board consists of twelve members who shall be 10 appointed by the governor subject to confirmation by the 11 senate. 12 3. The members shall include the following: 13 a. Two members of the general public. One of the public 14 members shall have served on a school board. The public 15 members shall never have held a practitioner’s license, but 16 shall have a demonstrated interest in education. 17 b. The director appointed pursuant to section 256.8, or the 18 director’s designee. 19 c. (1) Nine members who are licensed practitioners, who 20 shall be selected from the following areas and specialties of 21 the teaching profession: 22 (a) Elementary teachers. 23 (b) Secondary teachers. 24 (c) Special education or other similar teachers. 25 (d) Counselors or other special purpose practitioners. 26 (e) Administrators. 27 (f) School service personnel. 28 (2) A majority of the licensed practitioner members shall 29 be nonadministrative practitioners. Four of the licensed 30 practitioner members shall be administrators. 31 4. Membership of the board shall comply with the 32 requirements of sections 69.16 and 69.16A. A quorum of the 33 board shall consist of six members. Members shall elect a 34 chairperson of the board. 35 -28- LSB 5398XL (18) 84 kh/rj 28/ 156
S.F. _____ H.F. _____ 5. a. Members except for the director or the director’s 1 designee shall be appointed to serve staggered terms of four 2 years. A member shall not serve more than two consecutive 3 terms, except for the director or the director’s designee, who 4 shall serve until the director’s term of office expires. A 5 vacancy exists when any of the following occur: 6 (1) A nonpublic member’s license expires, is suspended, or 7 is revoked. 8 (2) A nonpublic member retires or terminates employment as a 9 practitioner. 10 (3) A member dies, resigns, is removed from office, or is 11 otherwise physically unable to perform the duties of office. 12 (4) A member’s term of office expires. 13 b. Terms of office for regular appointments shall begin 14 and end as provided in section 69.19. Terms of office for 15 members appointed to fill vacancies shall begin on the date 16 of appointment and end as provided in section 69.19. Members 17 may be removed for cause by a state court with competent 18 jurisdiction after notice and opportunity for hearing. The 19 board may remove a member for three consecutive absences or for 20 cause. 21 6. Members shall be reimbursed for actual and necessary 22 expenses incurred while engaged in their official duties 23 and may be entitled to per diem compensation as authorized 24 under section 7E.6. For duties performed during an ordinary 25 school day by a member who is employed by a school corporation 26 or state university, the member shall also receive regular 27 compensation from the school or university. However, the 28 member shall reimburse the school or university in the amount 29 of the per diem compensation received. 30 Sec. 32. NEW SECTION . 256.105 Board hearing procedures —— 31 confidentiality —— administrative law judges. 32 1. The board shall designate who may or shall initiate a 33 licensee disciplinary investigation and a licensee disciplinary 34 proceeding, and who shall prosecute a disciplinary proceeding 35 -29- LSB 5398XL (18) 84 kh/rj 29/ 156
S.F. _____ H.F. _____ and under what conditions, and shall state the procedures for 1 review by the board of findings of fact if a majority of the 2 board does not hear the disciplinary proceeding. However, in a 3 case alleging failure of a practitioner to fulfill contractual 4 obligations, the person who files a complaint with the board, 5 or the complainant’s designee, shall represent the complainant 6 in a disciplinary hearing conducted in accordance with this 7 subchapter. 8 2. Hearings before the board shall be conducted in the same 9 manner as contested cases under chapter 17A. In addition, the 10 board shall require specificity in written complaints that are 11 filed by individuals who have personal knowledge of an alleged 12 violation and which are accepted by the board, provide that 13 jurisdictional requirements as set by the board are met on 14 the face of the complaint before initiating an investigation 15 of allegations, provide that any investigation be limited 16 to the allegations contained on the face of the complaint, 17 provide for an adequate interval between the receipt of a 18 complaint and public notice of the complaint, permit parties to 19 a complaint to mutually agree to a resolution of the complaint 20 filed with the board, allow the respondent the right to review 21 any investigative report upon a finding of probable cause for 22 further action by the board, require that the conduct providing 23 the basis for the complaint occurred within three years of 24 discovery of the event by the complainant unless good cause 25 can be shown for an extension of this limitation, and require 26 complaints to be resolved within one hundred eighty days unless 27 good cause can be shown for an extension of this limitation. 28 3. In addressing the failure of a practitioner to fulfill 29 contractual obligations, the board shall consider factors 30 beyond the practitioner’s control. 31 4. The board may subpoena books, papers, records, and 32 any other real evidence necessary for the board to decide 33 whether it should institute a contested case hearing. At the 34 hearing the board may administer oaths and issue subpoenas to 35 -30- LSB 5398XL (18) 84 kh/rj 30/ 156
S.F. _____ H.F. _____ compel the attendance of witnesses and the production of other 1 evidence. Subpoenas may be issued by the board to a party 2 to a hearing, if the party demonstrates that the evidence or 3 witnesses’ testimony is relevant and material to the hearing. 4 Service of process and subpoenas for board hearings shall be 5 conducted in accordance with the law applicable to the service 6 of process and subpoenas in civil actions. 7 5. Witnesses subpoenaed to appear before the board shall be 8 reimbursed for mileage and necessary expenses and shall receive 9 per diem compensation by the board unless the witness is an 10 employee of the state or a political subdivision, in which case 11 the witness shall receive reimbursement only for mileage and 12 necessary expenses. 13 6. All complaint files, investigation files, other 14 investigation reports, and other investigative information in 15 the possession of the board or its employees or agents, which 16 relate to licensee discipline, are privileged and confidential, 17 and are not subject to discovery, subpoena, or other means of 18 legal compulsion for their release to a person other than the 19 respondent and the board and its employees and agents involved 20 in licensee discipline, and are not admissible in evidence in a 21 judicial or administrative proceeding other than the proceeding 22 involving licensee discipline. A complaint, any amendment to 23 a complaint, and any supporting documents shall be provided 24 to the respondent immediately upon the board’s determination 25 that jurisdictional requirements have been met and prior to 26 the commencement of the board’s investigation. Investigative 27 information in the possession of the board or its employees or 28 agents which relates to licensee discipline may be disclosed 29 to appropriate licensing authorities within this state, the 30 appropriate licensing authority in another state, the District 31 of Columbia, or a territory or country in which the licensee 32 is licensed or has applied for a license. A final written 33 decision and finding of fact of the board in a disciplinary 34 proceeding is a public record. 35 -31- LSB 5398XL (18) 84 kh/rj 31/ 156
S.F. _____ H.F. _____ 7. The board shall maintain a list of qualified persons 1 who are experienced in the educational system of this state to 2 serve as administrative law judges when a hearing is requested 3 under section 279.24. When requested under section 279.24, 4 the board shall submit a list of five qualified administrative 5 law judges to the parties. The parties shall select one of 6 the five qualified persons to conduct the hearing as provided 7 in section 279.24. The hearing shall be held pursuant to 8 the provisions of chapter 17A relating to contested cases. 9 The full costs of the hearing shall be shared equally by the 10 parties. 11 8. Board action is final agency action for purposes of 12 chapter 17A. 13 Sec. 33. NEW SECTION . 256.106 Reporting requirements —— 14 complaints. 15 1. a. The board of directors of a school district or area 16 education agency, the superintendent of a school district or 17 the chief administrator of an area education agency, and the 18 authorities in charge of a nonpublic school shall report to the 19 board the nonrenewal or termination, for reasons of alleged 20 or actual misconduct, of a person’s contract executed under 21 sections 279.12, 279.13, 279.15 through 279.21, 279.23, and 22 279.24, and the resignation of a person who holds a license, 23 certificate, authorization, or statement of professional 24 recognition issued by the department as a result of or 25 following an incident or allegation of misconduct that, if 26 proven, would constitute a violation of the rules adopted by 27 the state board to implement section 256.101, subsection 9, 28 paragraph “b” , subparagraph (1), when the school board, area 29 education agency board, authorities, or reporting official 30 has a good-faith belief that the incident occurred or the 31 allegation is true. The department may deny a license or the 32 board may revoke the license of an administrator if the board 33 finds by a preponderance of the evidence that the administrator 34 failed to report the termination or resignation of a school 35 -32- LSB 5398XL (18) 84 kh/rj 32/ 156
S.F. _____ H.F. _____ employee holding a license, certificate, authorization, or 1 statement of professional recognition for reasons of alleged or 2 actual misconduct, as defined by this subchapter. 3 b. Information reported to the board in accordance with this 4 section is privileged and confidential, and except as provided 5 in section 256.105, is not subject to discovery, subpoena, or 6 other means of legal compulsion for its release to a person 7 other than the respondent and the board and its employees and 8 agents involved in licensee discipline, and is not admissible 9 in evidence in a judicial or administrative proceeding other 10 than the proceeding involving licensee discipline. The board 11 shall review the information reported to determine whether a 12 complaint should be initiated. In making that determination, 13 the board shall consider the factors enumerated in section 14 256.101, subsection 9, paragraph “a” . 15 c. For purposes of this section, unless the context 16 otherwise requires, “misconduct” means an action disqualifying 17 an applicant for a license or causing the license of a person 18 to be revoked or suspended in accordance with the rules adopted 19 by the state board to implement section 256.101, subsection 9, 20 paragraph “b” , subparagraph (1). 21 2. If, in the course of performing official duties, an 22 employee of the department becomes aware of any alleged 23 misconduct by an individual licensed under this subchapter, the 24 employee shall report the alleged misconduct to the board under 25 rules adopted pursuant to subsection 1. 26 3. If the board verifies through a review of official 27 records that a teacher who holds a practitioner’s license under 28 this subchapter is assigned instructional duties for which the 29 teacher does not hold the appropriate license or endorsement, 30 either by grade level or subject area, by a school district or 31 accredited nonpublic school, the board may initiate a complaint 32 against the teacher and the administrator responsible for the 33 inappropriate assignment of instructional duties. 34 Sec. 34. NEW SECTION . 256.107 Immunities. 35 -33- LSB 5398XL (18) 84 kh/rj 33/ 156
S.F. _____ H.F. _____ 1. A person shall not be civilly liable as a result of the 1 person’s acts, omissions, or decisions that are reasonable and 2 in good faith as a member of the board or as an employee or 3 agent of the department in connection with the person’s duties 4 under this subchapter. 5 2. A person shall not be civilly liable as a result 6 of filing a report or complaint with the board or for the 7 disclosure to the board or its agents or employees, whether or 8 not pursuant to a subpoena of records, documents, testimony, or 9 other forms of information in connection with proceedings of 10 the board. However, such immunity from civil liability shall 11 not apply if such an act is done with malice. 12 3. A person shall not be dismissed from employment or 13 discriminated against by an employer for doing any of the 14 following: 15 a. Filing a complaint with the board. 16 b. Participating as a member, agent, or employee of the 17 board. 18 c. Presenting testimony or other evidence to the board. 19 4. An employer who violates this section shall be liable to 20 a person aggrieved by such violation for actual and punitive 21 damages plus reasonable attorney fees. 22 Sec. 35. NEW SECTION . 256.111 Validity of license. 23 1. A license issued under state board authority is valid for 24 the period of time for which it is issued, unless the license 25 is suspended or revoked. A license issued pursuant to this 26 subchapter is valid until the last day of the practitioner’s 27 birth month in the year in which the license expires. No 28 permanent licenses shall be issued. A person employed as a 29 practitioner shall hold a valid license with an endorsement 30 for the type of service for which the person is employed. 31 This section does not limit the duties or powers of a school 32 board to select or discharge practitioners or to terminate 33 practitioners’ contracts. A professional development program, 34 except for a program offered by a practitioner preparation 35 -34- LSB 5398XL (18) 84 kh/rj 34/ 156
S.F. _____ H.F. _____ institution or area education agency and approved by the state 1 board, must possess a valid license for the types of programs 2 offered. 3 2. The department or the board, as applicable, may grant 4 or deny license applications, grant or deny applications 5 for renewal of a license, or suspend or revoke licenses in 6 accordance with the provisions of this subchapter. A denial 7 of an application for a license, a denial of an application 8 for renewal, or a suspension or revocation of a license may be 9 appealed by the practitioner to the department or board, as 10 applicable. 11 3. The department may issue emergency renewal or temporary, 12 limited-purpose licenses upon petition by a current or 13 former practitioner. An emergency renewal or a temporary, 14 limited-purpose license may be issued for a period not 15 to exceed two years, if a petitioner demonstrates, to the 16 satisfaction of the department, good cause for failure to 17 comply with state board requirements for a regular license 18 and provides evidence that the petitioner will comply with 19 state board requirements within the period of the emergency 20 or temporary license. Under exceptional circumstances, an 21 emergency license may be renewed by the department for one 22 additional year. A previously unlicensed person is not 23 eligible for an emergency or temporary license, except that a 24 student who is enrolled in a licensed practitioner preparation 25 program may be issued a temporary, limited-purpose license, 26 without payment of a fee, as part of a practicum or internship 27 program. 28 Sec. 36. NEW SECTION . 256.112 License to applicants from 29 other states or countries. 30 1. The department may provide for the issuance of a license 31 to an applicant from another state or country if the applicant 32 files evidence of the possession of the required or equivalent 33 requirements with the department. If the applicant is the 34 spouse of a military person who is on duty or in active state 35 -35- LSB 5398XL (18) 84 kh/rj 35/ 156
S.F. _____ H.F. _____ duty as defined in section 29A.1, subsections 9 and 11, the 1 department shall assign a consultant to be the single point of 2 contact for the applicant regarding nontraditional licensure. 3 2. The state board may enter into reciprocity agreements 4 with another state or country for the licensing of 5 practitioners on an equitable basis of mutual exchange. 6 3. Practitioner preparation and professional development 7 programs offered in this state by out-of-state institutions 8 must be approved by the state board in order to fulfill 9 requirements for licensure or renewal of a license by an 10 applicant. 11 Sec. 37. NEW SECTION . 256.113 Continuity of certificates 12 and licenses. 13 1. A certificate which was issued by the board of 14 educational examiners to a practitioner before July 1, 15 1989, continues to be in force as long as the certificate 16 complies with the rules and statutes in effect on July 17 1, 1989. Requirements for the renewal of licenses, under 18 this subchapter, do not apply retroactively to renewal of 19 certificates. However, this section does not limit the 20 duties or powers of a school board to select or discharge 21 practitioners or to terminate practitioners’ contracts. 22 2. A practitioner who holds a certificate issued before 23 July 1, 1989, shall, upon application and payment of a fee, 24 be granted a license which will permit the practitioner to 25 perform the same duties and functions as the practitioner was 26 entitled to perform with the certificate held at the time of 27 application. A practitioner shall be permitted to convert a 28 permanent certificate to a term certificate, after July 1, 29 1989, without payment of a fee. 30 Sec. 38. NEW SECTION . 256.114 Administrator mentoring and 31 induction —— licenses. 32 1. Requirements for administrator licensure beyond an 33 initial license shall include completion of a beginning 34 administrator mentoring and induction program and demonstration 35 -36- LSB 5398XL (18) 84 kh/rj 36/ 156
S.F. _____ H.F. _____ of competence on the administrator standards adopted pursuant 1 to section 284A.3. 2 2. The state board shall adopt rules for administrator 3 licensure renewal that include credit for individual 4 administrator professional development plans developed in 5 accordance with section 284A.6. 6 3. An administrator formerly employed as an administrator 7 prior to July 1, 2007, by an accredited nonpublic school, or 8 who within one year prior to employment in Iowa was employed 9 by an accredited school in another state or country, is exempt 10 from the mentoring and induction requirement under subsection 11 1 if the administrator can document two years of successful 12 administrator experience and meet or exceed the requirements 13 contained in rules adopted pursuant to this subchapter for 14 endorsement and licensure. 15 Sec. 39. NEW SECTION . 256.115 National certification. 16 The state board shall review the standards for teacher’s 17 certificates adopted by the national board for professional 18 teaching standards. If the standards required by the national 19 board meet or exceed the requirements for an endorsement or 20 license issued under rules adopted pursuant to this subchapter, 21 the department shall issue an endorsement or license to an 22 applicant for such an endorsement or license if the applicant 23 holds a valid certificate issued by the national board. 24 Sec. 40. NEW SECTION . 256.116 Paraeducator certificates. 25 The state board shall establish a voluntary certification 26 system for paraeducators. The state board shall specify in 27 rule the rights, responsibilities, levels, and qualifications 28 for the certificate. Applicants shall be disqualified for 29 any reason specified in section 256.101, subsection 9, except 30 that the department may issue a paraeducator certificate to a 31 person who is at least eighteen years of age. A person holding 32 a paraeducator certificate shall not perform the duties of 33 a licensed practitioner. A paraeducator certificate issued 34 pursuant to this section shall not be considered a teacher 35 -37- LSB 5398XL (18) 84 kh/rj 37/ 156
S.F. _____ H.F. _____ or administrator license for any purpose specified by law, 1 including the purposes specified under this subchapter or 2 chapter 279. 3 Sec. 41. NEW SECTION . 256.117 Authorizations —— coaching 4 —— school business officials. 5 1. The minimum requirements for the issuance of a coaching 6 authorization to an applicant under this subchapter include the 7 following: 8 a. Successful completion of one semester credit hour 9 or ten contact hours in a course relating to knowledge and 10 understanding of the structure and function of the human body 11 in relation to physical activity. 12 b. Successful completion of one semester credit hour 13 or ten contact hours in a course relating to knowledge and 14 understanding of human growth and development of children and 15 youth in relation to physical activity. 16 c. Successful completion of two semester credit hours or 17 twenty contact hours in a course relating to knowledge and 18 understanding of the prevention and care of athletic injuries 19 and medical and safety problems relating to physical activity. 20 d. Successful completion of one semester credit hour or ten 21 contact hours relating to knowledge and understanding of the 22 techniques and theory of coaching interscholastic athletics. 23 e. Attainment of at least eighteen years of age. 24 2. a. The department shall issue a school business official 25 authorization to an individual who successfully completes a 26 training program that meets the standards set by the state 27 board pursuant to section 256.7, subsection 30, and who 28 complies with rules adopted by the state board pursuant to 29 subsection 4. 30 b. A person hired on or after July 1, 2012, as a school 31 business official responsible for the financial operations of 32 a school district who is without prior experience as a school 33 business official in Iowa shall either hold the school business 34 official authorization issued pursuant to paragraph “a” or 35 -38- LSB 5398XL (18) 84 kh/rj 38/ 156
S.F. _____ H.F. _____ obtain the authorization within two years of the start date of 1 employment as a school business official. 2 c. An individual employed as a school business official 3 prior to July 1, 2012, who meets the requirements of the 4 state board, other than the training program requirements of 5 paragraph “a” , shall be issued, with no fee for issuance, an 6 initial authorization, but shall meet renewal requirements for 7 an authorization within the time period specified by the state 8 board. 9 3. The department shall issue a school administration 10 manager authorization to an individual who successfully 11 completes a training program that meets the standards set by 12 the state board pursuant to section 256.7, subsection 30, and 13 who complies with rules adopted by the state board pursuant to 14 subsection 4. 15 4. The state board shall work with institutions of 16 higher education, private colleges and universities, 17 community colleges, area education agencies, and professional 18 organizations to ensure that the courses and programs required 19 for authorization under this section are offered throughout the 20 state at convenient times and at a reasonable cost. 21 5. The department shall establish a statewide school 22 administration manager training program that complies with the 23 standards and procedures established pursuant to section 256.7, 24 subsection 30, paragraph “b” . Participation in the program is 25 voluntary for school districts, charter schools, and accredited 26 nonpublic schools and their employees. 27 Sec. 42. NEW SECTION . 256.121 Specific criteria for teacher 28 preparation and certain educators. 29 1. Pursuant to section 256.7, subsection 5, the state board 30 shall adopt rules requiring all higher education institutions 31 providing approved practitioner preparation programs to do the 32 following: 33 a. Require any candidate for admission to the practitioner 34 preparation program to have a cumulative postsecondary grade 35 -39- LSB 5398XL (18) 84 kh/rj 39/ 156
S.F. _____ H.F. _____ point average at the time of application of at least three on a 1 four-point scale, or its equivalent if another scale is used. 2 b. (1) Administer a basic skills test, which has been 3 approved by the director, to practitioner preparation program 4 admission candidates. Candidates who do not successfully 5 pass the test with a score above the twenty-fifth percentile 6 nationally shall be denied admission to the program. 7 (2) A student shall not successfully complete the program 8 unless the student achieves scores above the twenty-fifth 9 percentile nationally on an assessment approved by the director 10 in pedagogy and at least one content area. 11 c. Include preparation in reading programs and integrate 12 reading strategies into content area methods coursework. 13 d. Include in the professional education program, 14 preparation that contributes to the education of students 15 with disabilities and students who are gifted and talented, 16 and preparation in classroom management addressing high-risk 17 behaviors including but not limited to behaviors related to 18 substance abuse. Preparation required under this paragraph 19 must be successfully completed before graduation from the 20 practitioner preparation program. 21 2. An applicant for licensure under this subchapter shall 22 have successfully completed a professional education program 23 containing the subject matter specified in this section. 24 Sec. 43. NEW SECTION . 256.122 Rules for practitioner 25 preparation programs. 26 The state board shall adopt rules pursuant to chapter 17A 27 which require that an approved practitioner preparation program 28 include all of the following: 29 1. A requirement that each student admitted to the program 30 must participate in at least fifty hours of field experience 31 that includes both observation and participation in teaching 32 activities in a variety of school settings; at least ten hours 33 of which shall occur prior to a student’s acceptance in the 34 program. The student teaching experience shall be a minimum of 35 -40- LSB 5398XL (18) 84 kh/rj 40/ 156
S.F. _____ H.F. _____ fifteen weeks in duration during the student’s final year of 1 the practitioner preparation program. 2 2. A requirement that faculty members in professional 3 education maintain an ongoing involvement in activities in 4 elementary, middle, or secondary schools. The activities shall 5 include at least forty hours of team teaching during a period 6 not exceeding two years in duration at the elementary, middle, 7 or secondary level. 8 3. A requirement that the program include instruction 9 in skills and strategies to be used in classroom management 10 of individuals, and of small and large groups, under varying 11 conditions; skills for communicating and working constructively 12 with pupils, teachers, administrators, and parents; and skills 13 for understanding the role of the state board and the functions 14 of other education agencies in the state. The requirement 15 shall be based upon recommendations of the director after 16 consultation with teacher education faculty members in colleges 17 and universities. 18 4. A requirement that prescribes minimum experiences and 19 responsibilities to be accomplished during the student teaching 20 experience by the student teacher and by the cooperating 21 teacher based upon recommendations of the director after 22 consultation with teacher education faculty members in 23 colleges and universities. The student teaching experience 24 shall include opportunities for the student teacher to become 25 knowledgeable about the Iowa teaching standards, including a 26 mock evaluation performed by the cooperating teacher. The 27 mock evaluation shall not be used as an assessment tool by 28 the practitioner preparation program. The student teaching 29 experience shall consist of interactive experiences involving 30 practitioner preparation program personnel, the student 31 teacher, the cooperating teacher, and administrative personnel 32 from the cooperating teacher’s school district. 33 5. A requirement that each approved practitioner 34 preparation program or professional development institution 35 -41- LSB 5398XL (18) 84 kh/rj 41/ 156
S.F. _____ H.F. _____ annually offer a workshop of at least one day in duration for 1 prospective cooperating teachers. The workshop shall define 2 the objectives of the student teaching experience, review 3 the responsibilities of the cooperating teacher, and provide 4 the cooperating teacher other information and assistance the 5 institution deems necessary. 6 6. A requirement that practitioner preparation students 7 receive instruction in the use of electronic technology for 8 classroom and instructional purposes. 9 7. A requirement that each institution with an approved 10 practitioner preparation program annually solicit the views 11 of the education community regarding the institution’s 12 practitioner preparation program. The institution shall 13 collect the education community’s views and the institution’s 14 findings and recommendations in a report which shall be 15 submitted to the department. The department shall publish the 16 report on its internet site. 17 8. A requirement that an approved practitioner preparation 18 program submit evidence that the college or department of 19 education is communicating with other colleges or departments 20 in the institution so that practitioner preparation students 21 may integrate teaching methodology with subject matter areas 22 of specialization. 23 9. A requirement that an approved practitioner preparation 24 program submit evidence that the evaluation of the performance 25 of a student teacher is a cooperative process that involves 26 both the faculty member supervising the student teacher and 27 the cooperating teacher. The rules shall require that each 28 institution develop a written evaluation procedure for use 29 by the cooperating teacher and a form for evaluating student 30 teachers, and require that a copy of the completed form be 31 included in the student teacher’s permanent record. 32 Sec. 44. NEW SECTION . 256.123 Student teaching and other 33 educational experiences. 34 If the rules adopted by the state board for issuance of a 35 -42- LSB 5398XL (18) 84 kh/rj 42/ 156
S.F. _____ H.F. _____ license or endorsement license require an applicant to complete 1 work in student teaching, prestudent teaching experiences, 2 field experiences, practicums, clinicals, or internships, an 3 institution with a practitioner preparation program approved by 4 the state board pursuant to section 256.7, subsection 3, shall 5 enter into a written contract with any Iowa school district, 6 accredited nonpublic school, preschool registered or licensed 7 by the department of human services, or area education agency 8 under terms and conditions as agreed upon by the contracting 9 parties. The terms and conditions of a written contract 10 entered into with a preschool pursuant to this section shall 11 provide that a student teacher be under the direct supervision 12 of an appropriately licensed cooperating teacher who is 13 employed to teach at the preschool. A student teaching or 14 engaged in preservice licensure activities in a school district 15 under the terms of such a contract are entitled to the same 16 protection, under section 670.8, as is afforded by that section 17 to officers and employees of the school district, during the 18 time the student is so assigned. 19 Sec. 45. NEW SECTION . 256.124 Alternative licensure and 20 endorsement. 21 1. The state board shall establish alternative licensure 22 pathways for an initial teacher license and an initial 23 administrator license and endorsement. 24 2. The alternative pathway for an initial teacher license 25 shall include all of the following components: 26 a. A requirement that the applicant for the alternative 27 pathway to an initial teacher license meet all of the following 28 criteria: 29 (1) Hold, at a minimum, a bachelor’s degree from a 30 regionally accredited postsecondary institution and twenty-four 31 postsecondary credit hours in the content area to be taught at 32 the licensure level sought by the applicant; or, in order to 33 teach a foreign language, the applicant shall hold at least a 34 bachelor’s degree and be a native speaker of the language to 35 -43- LSB 5398XL (18) 84 kh/rj 43/ 156
S.F. _____ H.F. _____ be taught. 1 (2) Have successfully passed a background check conducted 2 in accordance with section 256.102, subsection 8. 3 (3) Have at least three recent consecutive years of 4 successful, relevant work experience. 5 (4) Have successfully passed a basic skills test, approved 6 by the director, for acceptance. An applicant utilizing the 7 alternative pathway to an initial teacher license shall not 8 be issued such a license unless the student achieves scores 9 above the twenty-fifth percentile nationally on an examination 10 approved by the director for knowledge of pedagogies and in at 11 least one content area. 12 (5) Have a cumulative postgraduate grade point average of at 13 least three on a four-point scale, or its equivalent if another 14 grade scale is used. 15 b. A requirement that the person issued an initial teacher 16 license pursuant to this subsection shall, during the person’s 17 first three years of teaching, successfully complete a 18 beginning teacher mentoring and induction program pursuant 19 to section 284.5, and shall successfully complete eighteen 20 postsecondary credit hours of pedagogy coursework before the 21 person may be issued a license beyond the initial license. 22 3. The alternative pathway for an initial administrator 23 license shall include all of the following components: 24 a. A requirement that the applicant for the alternative 25 pathway to an initial administrator license meet all of the 26 following criteria: 27 (1) Hold, at a minimum, a bachelor’s degree from a 28 regionally accredited postsecondary institution. 29 (2) Have successfully passed a background check conducted 30 in accordance with section 256.102, subsection 8. 31 b. A requirement that a person who is issued an initial 32 administrator license through the alternative pathway specified 33 by this subsection may be employed by a school district or 34 accredited nonpublic school and, for the first consecutive 35 -44- LSB 5398XL (18) 84 kh/rj 44/ 156
S.F. _____ H.F. _____ three years of employment as a building principal, shall 1 be supervised and mentored by a person who holds a valid 2 professional administrator license. 3 4. A person with at least five recent years of successful 4 experience as a professional educator, and who is enrolled in 5 an alternative principal licensing program approved by the 6 state board, may qualify for an initial administrator license. 7 5. A person with at least five recent years of successful 8 management experience in business; industry; local, state, 9 or federal government; or the military service of the United 10 States, and who has successfully completed an alternative 11 principal licensing program approved by the state board, may 12 qualify for an initial administrator license. 13 6. a. The alternative pathway for an initial administrator 14 endorsement for school superintendents and area education 15 agency administrators shall require an applicant to meet all of 16 the following criteria: 17 (1) Hold, at a minimum, a bachelor’s degree from a 18 regionally accredited postsecondary institution. 19 (2) Have successfully passed a background check conducted 20 in accordance with section 256.102, subsection 8. 21 (3) Have at least five recent years of successful, relevant 22 experience as a professional educator or management experience 23 in business; industry; local, state, or federal government; or 24 the military service of the United States. 25 b. A person issued an initial administrator endorsement 26 for superintendents or area education agency administrators 27 under this subsection shall successfully complete a beginning 28 mentoring and induction program with a mentor who is a 29 superintendent or area education agency administrator, as 30 appropriate. 31 c. A person issued an initial administrator endorsement 32 for superintendents or area education agency administrators 33 pursuant to this subsection, who successfully completes three 34 years of experience as a superintendent or area education 35 -45- LSB 5398XL (18) 84 kh/rj 45/ 156
S.F. _____ H.F. _____ agency administrator, may be issued a license beyond the 1 initial administrator endorsement. 2 7. Upon application, a person who holds an initial 3 administrator license issued pursuant to subsection 3, and who 4 has three years of successful experience as a principal, shall 5 be issued a professional administrator license. 6 Sec. 46. NEW SECTION . 256.125 Mentoring and induction 7 requirement. 8 1. Requirements for teacher licensure beyond an initial 9 license shall include successful completion of a beginning 10 teacher mentoring and induction program pursuant to section 11 284.5. 12 2. A teacher from another state or country is exempt from 13 the requirement of subsection 1 if the teacher can document 14 five years of successful teaching experience and meet or 15 exceed the requirements contained in rules adopted under this 16 subchapter for endorsement and licensure. 17 Sec. 47. Section 20.17, subsection 11, paragraph a, Code 18 2011, is amended to read as follows: 19 a. In the absence of an impasse agreement negotiated 20 pursuant to section 20.19 which provides for a different 21 completion date, public employees represented by a certified 22 employee organization who are teachers licensed under chapter 23 272 256 and who are employed by a public employer which is a 24 school district or area education agency shall complete the 25 negotiation of a proposed collective bargaining agreement 26 not later than May 31 of the year when the agreement is to 27 become effective. The board shall provide, by rule, a date on 28 which impasse items in such cases must be submitted to binding 29 arbitration and for such other procedures as deemed necessary 30 to provide for the completion of negotiations of proposed 31 collective bargaining agreements not later than May 31. The 32 date selected for the mandatory submission of impasse items 33 to binding arbitration in such cases shall be sufficiently in 34 advance of May 31 to ensure that the arbitrator’s award can be 35 -46- LSB 5398XL (18) 84 kh/rj 46/ 156
S.F. _____ H.F. _____ reasonably made by May 31. 1 Sec. 48. Section 20.19, subsection 1, Code 2011, is amended 2 to read as follows: 3 1. As the first step in the performance of their duty to 4 bargain, the public employer and the employee organization 5 shall endeavor to agree upon impasse procedures. Such 6 agreement shall provide for implementation of these impasse 7 procedures not later than one hundred twenty days prior to 8 the certified budget submission date of the public employer. 9 However, if public employees represented by the employee 10 organization are teachers licensed under chapter 272 256 , and 11 the public employer is a school district or area education 12 agency, the agreement shall provide for implementation of 13 impasse procedures not later than one hundred twenty days prior 14 to May 31 of the year when the collective bargaining agreement 15 is to become effective. If the public employer is a community 16 college, the agreement shall provide for implementation of 17 impasse procedures not later than one hundred twenty days prior 18 to May 31 of the year when the collective bargaining agreement 19 is to become effective. If the public employer is not subject 20 to the budget certification requirements of section 24.17 and 21 other applicable sections, the agreement shall provide for 22 implementation of impasse procedures not later than one hundred 23 twenty days prior to the date the next fiscal or budget year of 24 the public employer commences. If the parties fail to agree 25 upon impasse procedures under the provisions of this section , 26 the impasse procedures provided in sections 20.20 to 20.22 27 shall apply. 28 Sec. 49. Section 20.20, Code 2011, is amended to read as 29 follows: 30 20.20 Mediation. 31 In the absence of an impasse agreement negotiated pursuant 32 to section 20.19 or the failure of either party to utilize its 33 procedures, one hundred twenty days prior to the certified 34 budget submission date, or one hundred twenty days prior to 35 -47- LSB 5398XL (18) 84 kh/rj 47/ 156
S.F. _____ H.F. _____ May 31 of the year when the collective bargaining agreement 1 is to become effective if public employees represented by the 2 employee organization are teachers licensed under chapter 3 272 256 and the public employer is a school district or 4 area education agency, the board shall, upon the request of 5 either party, appoint an impartial and disinterested person 6 to act as mediator. If the public employer is a community 7 college, and in the absence of an impasse agreement negotiated 8 pursuant to section 20.19 or the failure of either party to 9 utilize its procedures, one hundred twenty days prior to May 10 31 of the year when the collective bargaining agreement is to 11 become effective, the board, upon the request of either party, 12 shall appoint an impartial and disinterested person to act as 13 mediator. If the public employer is not subject to the budget 14 certification requirements of section 24.17 or other applicable 15 sections and in the absence of an impasse agreement negotiated 16 pursuant to section 20.19 , or the failure of either party to 17 utilize its procedures, one hundred twenty days prior to the 18 date the next fiscal or budget year of the public employer 19 commences, the board, upon the request of either party, shall 20 appoint an impartial and disinterested person to act as a 21 mediator. It shall be the function of the mediator to bring 22 the parties together to effectuate a settlement of the dispute, 23 but the mediator may not compel the parties to agree. 24 Sec. 50. Section 232.69, subsection 1, paragraph b, 25 subparagraph (4), Code Supplement 2011, is amended to read as 26 follows: 27 (4) A licensed school employee, certified para-educator 28 paraeducator , holder of a coaching authorization issued 29 under section 272.31 256.117 , or an instructor employed by a 30 community college. 31 Sec. 51. Section 232.69, subsection 3, paragraph a, Code 32 Supplement 2011, is amended to read as follows: 33 a. For the purposes of this subsection , “licensing 34 board” means a board designated in section 147.13 , the board 35 -48- LSB 5398XL (18) 84 kh/rj 48/ 156
S.F. _____ H.F. _____ department of educational examiners created education in 1 accordance with section 272.2 256.102 , or a licensing board as 2 defined in section 272C.1 . 3 Sec. 52. Section 235A.15, subsection 2, paragraph e, 4 subparagraph (9), Code Supplement 2011, is amended to read as 5 follows: 6 (9) To the department of education or the board of 7 educational examiners created under chapter 272 256 for 8 purposes of determining whether a license, certificate, 9 or authorization should be issued, denied, or revoked in 10 accordance with chapter 256 . 11 Sec. 53. Section 235B.6, subsection 2, paragraph e, 12 subparagraph (13), Code Supplement 2011, is amended to read as 13 follows: 14 (13) To the department of education or the board of 15 educational examiners created under chapter 272 256 for 16 purposes of determining whether a license, certificate, 17 or authorization should be issued, denied, or revoked in 18 accordance with chapter 256 . 19 Sec. 54. Section 235B.16, subsection 5, paragraph a, Code 20 2011, is amended to read as follows: 21 a. For the purposes of this subsection , “licensing 22 board” means a board designated in section 147.13 , the board 23 department of educational examiners created education as 24 provided in section 272.2 256.102 , or a licensing board as 25 defined in section 272C.1 . 26 Sec. 55. Section 256.7, subsections 5, 22, and 30, Code 27 Supplement 2011, are amended to read as follows: 28 5. Adopt rules under chapter 17A for carrying out the 29 responsibilities of the state board and of the department 30 pursuant to law . 31 22. Adopt rules and a procedure for the approval of 32 para-educator paraeducator preparation programs offered by 33 a public school district, area education agency, community 34 college, institution of higher education under the state board 35 -49- LSB 5398XL (18) 84 kh/rj 49/ 156
S.F. _____ H.F. _____ of regents, or an accredited private institution as defined 1 in section 261.9, subsection 1 . The programs shall train 2 and recommend individuals for para-educator paraeducator 3 certification under section 272.12 256.116 . 4 30. Set standards and procedures for the approval of 5 training programs for individuals who seek an authorization 6 issued by the board of educational examiners under section 7 256.117 for employment the following: 8 a. Employment as a school business official responsible for 9 the financial operations of a school district. 10 b. Employment as a school administration manager responsible 11 for assisting a school principal in performing noninstructional 12 duties. 13 Sec. 56. Section 256.9, subsections 46 and 52, Code 14 Supplement 2011, are amended to read as follows: 15 46. Develop core knowledge and skill criteria, based 16 upon the Iowa teaching standards, for the evaluation, the 17 advancement, and for teacher career development purposes 18 pursuant to chapter 284 . The criteria shall further define the 19 characteristics of quality teaching as established by the Iowa 20 teaching standards. The director , in consultation with the 21 board of educational examiners, shall also develop a transition 22 plan for implementation of the career development standards 23 developed pursuant to section 256.7, subsection 25 , with regard 24 to licensure renewal requirements. The plan shall include a 25 requirement that practitioners be allowed credit for career 26 development completed prior to implementation of the career 27 development standards developed pursuant to section 256.7, 28 subsection 25 . 29 52. Establish and maintain a process and a procedure , in 30 cooperation with the board of educational examiners, to compare 31 a practitioner’s teaching assignment with the license and 32 endorsements held by the practitioner. The director may report 33 noncompliance issues identified by this process to the board 34 of educational examiners pursuant to section 272.15 256.106 , 35 -50- LSB 5398XL (18) 84 kh/rj 50/ 156
S.F. _____ H.F. _____ subsection 3 . 1 Sec. 57. Section 256.11, subsections 9, 9A, and 9B, Code 2 2011, are amended to read as follows: 3 9. Beginning July 1, 2006 2012 , each school district shall 4 have a qualified teacher librarian who shall be licensed by 5 the board of educational examiners under this chapter 272 . 6 The state board shall establish in rule a definition of and 7 standards for an articulated sequential kindergarten through 8 grade twelve media program. A school district that entered 9 into a contract with an individual for employment as a media 10 specialist or librarian prior to June 1, 2006, shall be 11 considered to be in compliance with this subsection until June 12 30, 2011, if the individual is making annual progress toward 13 meeting the requirements for a teacher librarian endorsement 14 issued by the board of educational examiners under chapter 15 272 . A school district that entered into a contract with an 16 individual for employment as a media specialist or librarian 17 who holds at least a master’s degree in library and information 18 studies shall be considered to be in compliance with this 19 subsection until the individual leaves the employ of the school 20 district. 21 9A. Beginning July 1, 2007 2012 , each school district shall 22 have a qualified guidance counselor who shall be licensed by 23 the board of educational examiners under this chapter 272 . 24 Each school district shall work toward the goal of having one 25 qualified guidance counselor for every three hundred fifty 26 students enrolled in the school district. The state board 27 shall establish in rule a definition of and standards for 28 an articulated sequential kindergarten through grade twelve 29 guidance and counseling program. 30 9B. Beginning July 1, 2007 2012 , each school district shall 31 have a school nurse to provide health services to its students. 32 Each school district shall work toward the goal of having one 33 school nurse for every seven hundred fifty students enrolled in 34 the school district. For purposes of this subsection , “school 35 -51- LSB 5398XL (18) 84 kh/rj 51/ 156
S.F. _____ H.F. _____ nurse” means a person who holds an endorsement or a statement of 1 professional recognition for school nurses issued by the board 2 of educational examiners under this chapter 272 . 3 Sec. 58. Section 256.36, subsection 3, Code 2011, is amended 4 to read as follows: 5 3. The board of educational examiners department may 6 develop recommendations for specific changes in the licensing 7 requirements for math and science teachers. 8 Sec. 59. Section 256.44, subsection 1, unnumbered paragraph 9 1, Code 2011, is amended to read as follows: 10 A national board certification pilot project is established 11 to be administered by the department of education. A teacher, 12 as defined in section 272.1 256.100 , who registers for or 13 achieves national board for professional teaching standards 14 certification, and who is employed by a school district in Iowa 15 and receiving a salary as a classroom teacher, may be eligible 16 for the following: 17 Sec. 60. Section 256C.3, subsection 2, paragraph a, 18 subparagraph (2), Code 2011, is amended to read as follows: 19 (2) The individual is appropriately licensed under chapter 20 272 256 and meets requirements under chapter 284 . 21 Sec. 61. Section 256F.7, subsection 1, Code 2011, is amended 22 to read as follows: 23 1. A charter school or the boards participating in an 24 innovation zone consortium shall employ or contract with 25 necessary teachers and administrators, as defined in section 26 272.1 256.100 , who hold a valid license with an endorsement for 27 the type of service for which the teacher or administrator is 28 employed. 29 Sec. 62. Section 258.4, subsection 5, Code 2011, is amended 30 to read as follows: 31 5. Make recommendations to the state board of educational 32 examiners of education relating to the enforcement of rules 33 prescribing standards for teachers of subjects listed in 34 subsection 2 in accredited schools, departments, and classes. 35 -52- LSB 5398XL (18) 84 kh/rj 52/ 156
S.F. _____ H.F. _____ Sec. 63. Section 258.5, unnumbered paragraph 1, Code 2011, 1 is amended to read as follows: 2 If a school corporation maintains an approved vocational 3 school, department, or classes in accordance with the rules 4 adopted by the state board , and rules and standards adopted 5 by the board of educational examiners of education , and the 6 state plan for vocational education , adopted by the board 7 for vocational education and approved by the United States 8 department of education, the director of the department of 9 education shall reimburse the school corporation at the end 10 of the fiscal year for its expenditures for salaries and 11 authorized travel of vocational teachers from federal and state 12 funds. However, a school corporation shall not receive from 13 federal and state funds a larger amount than one-half the sum 14 which has been expended by the school corporation for that 15 particular type of program. If federal and state funds are not 16 sufficient to make the reimbursement to the extent provided in 17 this section , the director shall prorate the respective amounts 18 available to the corporations entitled to reimbursement. 19 Sec. 64. Section 261.111, subsection 8, Code 2011, is 20 amended to read as follows: 21 8. For purposes of this section , unless the context 22 otherwise requires, “teacher” means the same as defined in 23 section 272.1 256.100 . 24 Sec. 65. Section 261.112, subsection 1, Code Supplement 25 2011, is amended to read as follows: 26 1. A teacher shortage loan forgiveness program is 27 established to be administered by the commission. A teacher 28 is eligible for the program if the teacher is practicing in 29 a teacher shortage area as designated by the department of 30 education pursuant to subsection 2 . For purposes of this 31 section , “teacher” means an individual holding a practitioner’s 32 license issued under chapter 272 256 , who is employed in a 33 nonadministrative position in a designated shortage area by a 34 school district or area education agency pursuant to a contract 35 -53- LSB 5398XL (18) 84 kh/rj 53/ 156
S.F. _____ H.F. _____ issued by a board of directors under section 279.13 . 1 Sec. 66. Section 261E.3, subsection 2, paragraph a, 2 subparagraph (6), Code Supplement 2011, is amended to read as 3 follows: 4 (6) If the instruction for any program authorized by 5 this chapter is provided at a school district facility or a 6 neutral site, the teacher or instructor shall have successfully 7 passed a background investigation conducted in accordance with 8 section 272.2 256.102 , subsection 17 7 , prior to providing such 9 instruction. For purposes of this section , “neutral site” means 10 a facility that is not owned or operated by an institution. 11 Sec. 67. Section 261E.3, subsection 2, paragraph e, Code 12 Supplement 2011, is amended to read as follows: 13 e. An individual under suspension or revocation of an 14 educational license or statement of professional recognition 15 issued by the board of educational examiners under chapter 256 16 shall not be allowed to provide instruction for any program 17 authorized by this chapter . 18 Sec. 68. Section 261E.4, subsection 3, Code 2011, is amended 19 to read as follows: 20 3. A school district shall ensure that advanced placement 21 course teachers or instructors are appropriately licensed by 22 the board of educational examiners in accordance with chapter 23 272 256 and meet the minimum certification requirements of the 24 national organization that administers the advanced placement 25 program. 26 Sec. 69. Section 262.9, subsection 2, Code Supplement 2011, 27 is amended to read as follows: 28 2. Elect a president of each of the institutions of higher 29 learning; a superintendent of each of the other institutions; 30 a treasurer and a secretarial officer for each institution 31 annually; professors, instructors, officers, and employees; 32 and fix their compensation. Sections 279.12 through 279.19 33 and section 279.27 apply to employees of the Iowa braille and 34 sight saving school and the state school for the deaf, who 35 -54- LSB 5398XL (18) 84 kh/rj 54/ 156
S.F. _____ H.F. _____ are licensed pursuant to chapter 272 256 . In following those 1 sections in chapter 279 , the references to boards of directors 2 of school districts shall be interpreted to apply to the board 3 of regents. 4 Sec. 70. Section 263.1, Code Supplement 2011, is amended to 5 read as follows: 6 263.1 Objects —— departments. 7 The university of Iowa shall never be under the control of 8 any religious denomination. Its object shall be to provide the 9 best and most efficient means of imparting to men and women, 10 upon equal terms, a liberal education and thorough knowledge of 11 the different branches of literature and the arts and sciences, 12 with their varied applications. It shall include colleges 13 of liberal arts, law, medicine, and such other colleges and 14 departments, with such courses of instruction and elective 15 studies as the state board of regents may determine from time 16 to time. If a practitioner preparation program as defined in 17 section 272.1 256.100 is established by the board, it shall 18 include the subject of physical education. Instruction in the 19 liberal arts college shall begin, so far as practicable, at the 20 points where the same is completed in high schools. 21 Sec. 71. Section 266.2, Code Supplement 2011, is amended to 22 read as follows: 23 266.2 Courses of study. 24 There shall be adopted and taught at said university of 25 science and technology practical courses of study, embracing 26 in their leading branches such as relate to agriculture and 27 mechanic arts, mines and mining, and ceramics, and such other 28 branches as are best calculated to educate thoroughly the 29 agricultural and industrial classes in the several pursuits 30 and professions of life, including military tactics. If a 31 practitioner preparation program as defined in section 272.1 32 256.100 is established, it shall include the subject of 33 physical education. 34 Sec. 72. Section 272A.2, Code 2011, is amended to read as 35 -55- LSB 5398XL (18) 84 kh/rj 55/ 156
S.F. _____ H.F. _____ follows: 1 272A.2 Designated state official. 2 The designated state official for this state, within the 3 meaning of section 272A.1 , article II , paragraph “b” , of the 4 interstate agreement on qualification of educational personnel, 5 shall be the executive director of the board of educational 6 examiners administrator of the division of licensing and 7 educator effectiveness of the department of education . The 8 executive director division administrator shall enter into 9 contracts pursuant to section 272A.1 , article III , of the 10 agreement only with the approval of the specific text thereof 11 by the state board of educational examiners education . 12 Sec. 73. Section 272A.3, Code 2011, is amended to read as 13 follows: 14 272A.3 Contracts on file. 15 True copies of all contracts made on behalf of this state 16 pursuant to the interstate agreement on qualification of 17 educational personnel shall be kept on file by the state board 18 of educational examiners education and in the office of the 19 secretary of state. The state board of educational examiners 20 education shall publish all such contracts in convenient form. 21 The state board of educational examiners education may adopt 22 rules pursuant to this chapter . 23 Sec. 74. Section 273.3, subsections 5 and 11, Code 24 Supplement 2011, are amended to read as follows: 25 5. Be authorized, subject to rules of the state board of 26 education, to provide directly or by contractual arrangement 27 with public or private agencies for special education programs 28 and services, media services, and educational programs and 29 services requested by the local boards of education as provided 30 in this chapter , including but not limited to contracts for 31 the area education agency to provide programs or services to 32 the local school districts and contracts for local school 33 districts, other educational agencies, and public and private 34 agencies to provide programs and services to the local school 35 -56- LSB 5398XL (18) 84 kh/rj 56/ 156
S.F. _____ H.F. _____ districts in the area education agency in lieu of the area 1 education agency providing the services. Contracts may be made 2 with public or private agencies located outside the state if 3 the programs and services comply with the rules of the state 4 board. Rules adopted by the state board of education shall 5 be consistent with rules, adopted by the board of educational 6 examiners, relating to licensing of practitioners. 7 11. Employ personnel to carry out the functions of the 8 area education agency which shall include the employment of an 9 administrator who shall possess a license issued under chapter 10 272 256 . The administrator shall be employed pursuant to 11 section 279.20 and sections 279.23 , 279.24 , and 279.25 . The 12 salary for an area education agency administrator shall be 13 established by the board based upon the previous experience and 14 education of the administrator. Section 279.13 applies to the 15 area education agency board and to all teachers employed by the 16 area education agency. Sections 279.23 , 279.24 , and 279.25 17 apply to the area education board and to all administrators 18 employed by the area education agency. 19 Sec. 75. Section 279.13, subsection 1, paragraph b, 20 subparagraph (1), Code 2011, is amended to read as follows: 21 (1) Prior to entering into an initial contract with a 22 teacher who holds a license other than an initial license 23 issued by the board of educational examiners under chapter 24 272 256 , the school district shall initiate a state criminal 25 history record check of the applicant through the division of 26 criminal investigation of the department of public safety, 27 submit the applicant’s fingerprints to the division for 28 submission to the federal bureau of investigation for a 29 national criminal history record check, and review the sex 30 offender registry information under section 692A.121 available 31 to the general public, the central registry for child abuse 32 information established under section 235A.14 , and the central 33 registry for dependent adult abuse information established 34 under section 235B.5 for information regarding the applicant 35 -57- LSB 5398XL (18) 84 kh/rj 57/ 156
S.F. _____ H.F. _____ for employment as a teacher. 1 Sec. 76. Section 279.19B, subsection 1, paragraph a, 2 unnumbered paragraph 1, Code 2011, is amended to read as 3 follows: 4 The board of directors of a school district may employ for 5 head coach of any interscholastic athletic activities or for 6 assistant coach of any interscholastic athletic activity, an 7 individual who possesses a coaching authorization issued by the 8 board of educational examiners pursuant to chapter 256 or who 9 possesses a teaching license with a coaching endorsement issued 10 pursuant to chapter 272 256 . However, a board of directors of 11 a school district shall consider applicants with qualifications 12 described below, in the following order of priority: 13 Sec. 77. Section 279.19B, subsection 1, paragraph a, 14 subparagraph (2), Code 2011, is amended to read as follows: 15 (2) A qualified individual who possesses a coaching 16 authorization issued by the board of educational examiners 17 under chapter 256 . 18 Sec. 78. Section 279.24, subsection 5, paragraph c, Code 19 2011, is amended to read as follows: 20 c. Within five days after receipt of the written notice 21 that the school board has voted to consider termination of 22 the contract, the administrator may request in writing to 23 the secretary of the school board that the notification be 24 forwarded to the state board of educational examiners education 25 along with a request that the state board of educational 26 examiners submit a list of five qualified administrative law 27 judges to the parties. Within three days from receipt of the 28 list the parties shall select an administrative law judge 29 by alternately removing a name from the list until only one 30 name remains. The person whose name remains shall be the 31 administrative law judge. The parties shall determine by lot 32 which party shall remove the first name from the list. The 33 hearing shall be held no sooner than ten days and not later 34 than thirty days following the administrator’s request unless 35 -58- LSB 5398XL (18) 84 kh/rj 58/ 156
S.F. _____ H.F. _____ the parties otherwise agree. If the administrator does not 1 request a hearing, the school board, not later than May 31, may 2 determine the continuance or discontinuance of the contract 3 and, if the board determines to continue the administrator’s 4 contract, whether to suspend the administrator with or without 5 pay for a period specified by the board. School board action 6 shall be by majority roll call vote entered on the minutes of 7 the meeting. Notice of school board action shall be personally 8 delivered or mailed to the administrator. 9 Sec. 79. Section 279.43, Code 2011, is amended to read as 10 follows: 11 279.43 Reporting inappropriate teaching assignments. 12 An employee licensed by the board of educational examiners 13 under chapter 256 and holding a contract as described in 14 section 279.13 shall disclose any occurrence of a teaching 15 assignment for which that employee is not properly licensed 16 to the school official responsible for determining teaching 17 assignments. Failure of the employee to disclose this 18 occurrence or failure of the school official responsible 19 for determining teaching assignments to make appropriate 20 adjustments to the employee’s teaching assignment once 21 the employee discloses the occurrence shall constitute an 22 incident of misconduct as provided in section 272.2 256.101 , 23 subsection 14 9 , and is actionable by the board. If the 24 school official fails to make appropriate adjustments to the 25 teaching assignment once disclosure by the employee is made, 26 the employee shall report this occurrence to the department or 27 to the board for further action. 28 Sec. 80. Section 279.49, subsection 3, Code 2011, is amended 29 to read as follows: 30 3. The person employed to be responsible for a program 31 operated or contracted by a board that is not licensed by the 32 department of human services shall be an appropriately licensed 33 teacher under chapter 272 256 or shall meet other standards 34 adopted by the state board of education. 35 -59- LSB 5398XL (18) 84 kh/rj 59/ 156
S.F. _____ H.F. _____ Sec. 81. Section 280.17, subsection 2, paragraph b, Code 1 Supplement 2011, is amended to read as follows: 2 b. If the results of an investigation of abuse of a 3 student by a school employee who holds a license, certificate, 4 authorization, or statement of professional recognition 5 issued by the board of educational examiners under chapter 256 6 finds that the school employee’s conduct constitutes a crime 7 under any other statute, the board or the authorities, as 8 appropriate, shall report the results of the investigation to 9 the board of educational examiners pursuant to chapter 256 . 10 Sec. 82. Section 282.3, subsection 2, paragraph a, Code 11 2011, is amended to read as follows: 12 a. A child under the age of six years on the fifteenth of 13 September of the current school year shall not be admitted to a 14 public school unless the board of directors of the school has 15 adopted and put into effect courses of study for the school 16 year immediately preceding the first grade, approved by the 17 department of education, and has employed a practitioner or 18 practitioners for this work with standards of training approved 19 by the state board of educational examiners education pursuant 20 to chapter 256 . 21 Sec. 83. Section 284.2, subsections 1, 7, and 11, Code 2011, 22 are amended to read as follows: 23 1. “Beginning teacher” means an individual serving under an 24 initial or intern license, issued by the board of educational 25 examiners under department pursuant to chapter 272 256 , who 26 is assuming a position as a teacher. For purposes of the 27 beginning teacher mentoring and induction program created 28 pursuant to section 284.5 , “beginning teacher” also includes 29 preschool teachers who are licensed by the board of educational 30 examiners under chapter 272 256 and are employed by a school 31 district or area education agency. “Beginning teacher” does 32 not include a teacher whose employment with a school district 33 or area education agency is probationary unless the teacher is 34 serving under an initial or teacher intern license issued by 35 -60- LSB 5398XL (18) 84 kh/rj 60/ 156
S.F. _____ H.F. _____ the board of educational examiners under chapter 272 256 . 1 7. “Mentor” means an individual employed by a school 2 district or area education agency as a teacher or a retired 3 teacher who holds a valid license issued under chapter 272 256 . 4 The individual must have a record of four years of successful 5 teaching practice, must be employed on a nonprobationary 6 basis, and must demonstrate professional commitment to both 7 the improvement of teaching and learning and the development 8 of beginning teachers. 9 11. “Teacher” means an individual who holds a practitioner’s 10 license issued under chapter 272 256 , or a statement of 11 professional recognition issued under chapter 272 256 who is 12 employed in a nonadministrative position by a school district 13 or area education agency pursuant to a contract issued by a 14 board of directors under section 279.13 . A teacher may be 15 employed in both an administrative and a nonadministrative 16 position by a board of directors and shall be considered a 17 part-time teacher for the portion of time that the teacher is 18 employed in a nonadministrative position. 19 Sec. 84. Section 284.5, subsection 6, Code 2011, is amended 20 to read as follows: 21 6. Upon completion of the program, the beginning teacher 22 shall be comprehensively evaluated to determine if the teacher 23 meets expectations to move to the career level. The school 24 district or area education agency that employs the beginning 25 teacher shall recommend for a standard license a beginning 26 teacher who is determined through a comprehensive evaluation 27 to demonstrate competence in the Iowa teaching standards. A 28 school district or area education agency may offer a beginning 29 teacher a third year of participation in the program if, after 30 conducting a comprehensive evaluation, the school district 31 determines that the teacher is likely to successfully complete 32 the mentoring and induction program by the end of the third 33 year of eligibility. A teacher granted a third year of 34 eligibility shall develop a teacher’s mentoring and induction 35 -61- LSB 5398XL (18) 84 kh/rj 61/ 156
S.F. _____ H.F. _____ program plan in accordance with this chapter and shall undergo 1 a comprehensive evaluation at the end of the third year. 2 The board of educational examiners department shall grant a 3 one-year extension of the beginning teacher’s initial license 4 upon notification by the school district that the teacher will 5 participate in a third year of the school district’s program. 6 Sec. 85. Section 284.7, subsection 1, paragraph a, 7 subparagraph (1), subparagraph divisions (a) and (b), Code 8 2011, are amended to read as follows: 9 (a) Has successfully completed an approved practitioner 10 preparation program as defined in section 272.1 256.100 11 or holds an intern teacher license issued by the board of 12 educational examiners under chapter 272 256 . 13 (b) Holds an initial or intern teacher license issued by the 14 board of educational examiners under chapter 256 . 15 Sec. 86. Section 284.7, subsection 1, paragraph b, 16 subparagraph (1), unnumbered paragraph 1, Code 2011, is amended 17 to read as follows: 18 A career teacher is a teacher who holds a statement of 19 professional recognition issued by the board of educational 20 examiners under chapter 272 256 or who meets the following 21 requirements: 22 Sec. 87. Section 284.7, subsection 1, paragraph b, 23 subparagraph (1), subparagraph division (c), Code 2011, is 24 amended to read as follows: 25 (c) Holds a valid license issued by the board of educational 26 examiners under chapter 256 . 27 Sec. 88. Section 284.7, subsection 2, paragraph b, 28 subparagraph (1), subparagraph division (b), Code 2011, is 29 amended to read as follows: 30 (b) Holds a valid license from the board of educational 31 examiners issued under chapter 256 . 32 Sec. 89. Section 284.7, subsection 2, paragraph b, 33 subparagraph (2), Code 2011, is amended to read as follows: 34 (2) It is the intent of the general assembly that the 35 -62- LSB 5398XL (18) 84 kh/rj 62/ 156
S.F. _____ H.F. _____ participating district shall establish a minimum salary for 1 an advanced teacher that is at least thirteen thousand five 2 hundred dollars greater than the minimum career teacher 3 salary. In conjunction with the development of the review 4 panel pursuant to section 284.9 , the department shall make 5 recommendations to the general assembly by January 1, 2002, 6 regarding the appropriate district-to-district recognition for 7 advanced teachers and methods that facilitate the transition of 8 a teacher to the advanced level. 9 Sec. 90. Section 284.9, subsection 1, Code 2011, is amended 10 to read as follows: 11 1. A career II teacher seeking to receive an advanced 12 designation shall submit a portfolio of work evidence aligned 13 with the Iowa teaching standards to a review panel established 14 in accordance with subsection 2 . A majority of the evidence in 15 the portfolio shall be classroom-based. The review panel shall 16 evaluate the career II teacher’s portfolio to determine whether 17 the teacher demonstrates superior teaching skills and shall 18 make a recommendation to the board of educational examiners 19 department whether or not the teacher shall receive an advanced 20 designation. The standards for recommendation include, but 21 are not limited to, meeting the Iowa teaching standards at an 22 advanced level. 23 Sec. 91. Section 284.10, subsections 2 and 4, Code 2011, are 24 amended to read as follows: 25 2. An administrator licensed under chapter 272 256 who 26 conducts evaluations of teachers for purposes of this chapter 27 shall complete the evaluator training program. A practitioner 28 licensed under chapter 272 256 who is not an administrator 29 may enroll in the evaluator training program. Enrollment 30 preference shall be given to administrators. Upon successful 31 completion, the provider shall certify that the administrator 32 or other practitioner is qualified to conduct evaluations 33 for employment, make recommendations for licensure, and make 34 recommendations that a teacher is qualified to advance from one 35 -63- LSB 5398XL (18) 84 kh/rj 63/ 156
S.F. _____ H.F. _____ career path level to the next career path level pursuant to 1 this chapter . Certification is for a period of five years and 2 may be renewed. 3 4. The state board of educational examiners shall require 4 certification as a condition of issuing or renewing an 5 administrator’s license under chapter 256 . 6 Sec. 92. Section 284A.2, subsections 1, 2, and 7, Code 2011, 7 are amended to read as follows: 8 1. “Administrator” means an individual holding a 9 professional administrator license issued under chapter 10 272 256 who is employed in a school district administrative 11 position by a school district or area education agency 12 pursuant to a contract issued by a board of directors under 13 section 279.23 and is engaged in instructional leadership. 14 An administrator may be employed in both an administrative 15 and a nonadministrative position by a board of directors and 16 shall be considered a part-time administrator for the portion 17 of time that the individual is employed in an administrative 18 position. “Administrator” does not include assistant principals 19 or assistant superintendents. 20 2. “Beginning administrator” means an individual serving 21 under an administrator license , issued by the board of 22 educational examiners under chapter 272 256 , who is assuming a 23 position as a school district principal or superintendent for 24 the first time. 25 7. “Mentor” means an individual employed by a school 26 district or area education agency as a school district 27 administrator or a retired administrator who holds a valid 28 license issued under chapter 272 256 . The individual must have 29 a record of four years of successful administrative experience 30 and must demonstrate professional commitment to both the 31 improvement of teaching and learning and the development of 32 beginning administrators. 33 Sec. 93. Section 284A.5, subsection 5, Code 2011, is amended 34 to read as follows: 35 -64- LSB 5398XL (18) 84 kh/rj 64/ 156
S.F. _____ H.F. _____ 5. By the end of a beginning administrator’s first year of 1 employment, the beginning administrator may be comprehensively 2 evaluated to determine if the administrator meets expectations 3 to move to a professional administrator license, where 4 appropriate. The school district or area education agency that 5 employs a beginning administrator shall recommend the beginning 6 administrator for a professional administrator license, where 7 appropriate, if the beginning administrator is determined 8 through a comprehensive evaluation to demonstrate competence in 9 the Iowa standards for school administrators adopted pursuant 10 to section 256.7, subsection 27 . A school district or area 11 education agency may allow a beginning administrator a second 12 year to demonstrate competence in the Iowa standards for school 13 administrators if, after conducting a comprehensive evaluation, 14 the school district or area education agency determines 15 that the administrator is likely to successfully demonstrate 16 competence in the Iowa standards for school administrators by 17 the end of the second year. Upon notification by the school 18 district or area education agency, the board of educational 19 examiners department shall grant a beginning administrator 20 who has been allowed a second year to demonstrate competence 21 a one-year extension of the beginning administrator’s initial 22 license. An administrator granted a second year to demonstrate 23 competence shall undergo a comprehensive evaluation at the end 24 of the second year. 25 Sec. 94. Section 284A.6, subsection 2, Code 2011, is amended 26 to read as follows: 27 2. In cooperation with the administrator’s evaluator, the 28 administrator who has a professional administrator license 29 issued by the board of educational examiners pursuant to 30 chapter 272 256 and is employed by a school district or 31 area education agency in a school district administrative 32 position shall develop an individual administrator professional 33 development plan. The purpose of the plan is to promote 34 individual and group professional development. The individual 35 -65- LSB 5398XL (18) 84 kh/rj 65/ 156
S.F. _____ H.F. _____ plan shall be based, at a minimum, on the needs of the 1 administrator, the Iowa standards for school administrators 2 adopted pursuant to section 256.7, subsection 27 , and the 3 student achievement goals of the attendance center and the 4 school district as outlined in the comprehensive school 5 improvement plan. 6 Sec. 95. Section 284A.7, Code 2011, is amended to read as 7 follows: 8 284A.7 Evaluation requirements for administrators. 9 A school district shall conduct an evaluation of an 10 administrator who holds a professional administrator license 11 issued under chapter 272 256 at least once every three 12 years for purposes of assisting the administrator in making 13 continuous improvement, documenting continued competence in 14 the Iowa standards for school administrators adopted pursuant 15 to section 256.7, subsection 27 , or to determine whether the 16 administrator’s practice meets school district expectations. 17 The review shall include, at a minimum, an assessment of the 18 administrator’s competence in meeting the Iowa standards for 19 school administrators and the goals of the administrator’s 20 individual professional development plan, including supporting 21 documentation or artifacts aligned to the Iowa standards for 22 school administrators and the individual administrator’s 23 professional development plan. 24 Sec. 96. Section 294.3, Code 2011, is amended to read as 25 follows: 26 294.3 State aid and tuition. 27 A school shall not be deprived of its right to be approved 28 for state aid or approved for tuition by reason of the 29 employment of any practitioner as authorized under section 30 272.9 256.113 . 31 Sec. 97. Section 299A.2, Code Supplement 2011, is amended 32 to read as follows: 33 299A.2 Competent private instruction by licensed 34 practitioner. 35 -66- LSB 5398XL (18) 84 kh/rj 66/ 156
S.F. _____ H.F. _____ If a licensed practitioner provides competent instruction 1 to a school-age child, the practitioner shall possess a valid 2 license or certificate which has been issued by the state board 3 of educational examiners under chapter 272 256 and which is 4 appropriate to the ages and grade levels of the children to 5 be taught. Competent private instruction may include but is 6 not limited to a home school assistance program which provides 7 instruction or instructional supervision offered through an 8 accredited nonpublic school or public school district by a 9 teacher, who is employed by the accredited nonpublic school or 10 public school district, who assists and supervises a parent, 11 guardian, or legal custodian in providing instruction to a 12 child. If competent private instruction is provided through 13 a public school district, the child shall be enrolled and 14 included in the basic enrollment of the school district as 15 provided in section 257.6 . Sections 299A.3 through 299A.7 16 do not apply to competent private instruction provided by 17 a licensed practitioner under this section . However, the 18 reporting requirement contained in section 299A.3, subsection 19 1 , shall apply to competent private instruction provided by 20 licensed practitioners that is not part of a home school 21 assistance program offered through an accredited nonpublic 22 school or public school district. 23 Sec. 98. Section 321.178, subsection 1, paragraph b, 24 subparagraph (2), Code Supplement 2011, is amended to read as 25 follows: 26 (2) (a) To be qualified to provide street or highway 27 driving instruction, a person shall be certified by the 28 department and authorized by the board department of 29 educational examiners education . A person shall not be 30 required to hold a current Iowa teacher or administrator 31 license at the elementary or secondary level or to have 32 satisfied the educational requirements for an Iowa teacher 33 license at the elementary or secondary level in order to 34 be certified by the department or authorized by the board 35 -67- LSB 5398XL (18) 84 kh/rj 67/ 156
S.F. _____ H.F. _____ department of educational examiners education to provide street 1 or highway driving instruction. 2 (b) The department shall adopt rules pursuant to chapter 3 17A to provide for certification of persons qualified to 4 provide street or highway driving instruction. The state 5 board of educational examiners education shall adopt rules 6 pursuant to chapter 17A to provide for authorization of 7 persons certified by the department to provide street or 8 highway driving instruction. The department may disqualify a 9 person from providing street or highway driving instruction 10 without concurrent or further action by the board department 11 of educational examiners education , and the board department 12 of educational examiners education may withhold or withdraw 13 authorization to provide street or highway driving instruction 14 without concurrent or further action by the department. 15 Sec. 99. Section 321.178, subsection 1, paragraph b, 16 subparagraph (3), unnumbered paragraph 1, Code Supplement 2011, 17 is amended to read as follows: 18 The department shall not disqualify a person from providing 19 street or highway driving instruction and neither the board of 20 educational examiners nor the department of education shall not 21 withhold or withdraw authorization to provide street or highway 22 instruction for the sole reason that the person was involved 23 in a motor vehicle accident, unless either of the following 24 circumstances exist: 25 Sec. 100. Section 622.10, subsection 8, Code Supplement 26 2011, is amended to read as follows: 27 8. A qualified school guidance counselor, who is licensed 28 by the board of educational examiners under chapter 272 256 29 and who obtains information by reason of the counselor’s 30 employment as a qualified school guidance counselor, shall not 31 be allowed, in giving testimony, to disclose any confidential 32 communications properly entrusted to the counselor by a pupil 33 or the pupil’s parent or guardian in the counselor’s capacity 34 as a qualified school guidance counselor and necessary and 35 -68- LSB 5398XL (18) 84 kh/rj 68/ 156
S.F. _____ H.F. _____ proper to enable the counselor to perform the counselor’s 1 duties as a qualified school guidance counselor. 2 Sec. 101. Section 709.15, subsection 1, paragraph f, Code 3 2011, is amended to read as follows: 4 f. “School employee” means a practitioner as defined in 5 section 272.1 256.100 . 6 Sec. 102. REPEAL. Section 256.16, Code 2011, is repealed. 7 Sec. 103. REPEAL. Chapter 272, Code and Code Supplement 8 2011, is repealed. 9 Sec. 104. TRANSITION PROVISIONS. 10 1. A license, certificate, authorization, or statement of 11 professional recognition issued prior to the effective date of 12 this division of this Act is valid until the expiration date 13 established on the license, certificate, authorization, or 14 statement of professional recognition. 15 2. Any rule, regulation, form, order, or directive 16 promulgated by the board of educational examiners as required 17 to administer and enforce the provisions of chapter 272, Code 18 and Code Supplement 2011, shall continue in full force and 19 effect until amended, repealed, or supplemented by affirmative 20 action of the state board of education. 21 3. An administrative hearing or court proceeding arising 22 out of an enforcement action under chapter 272 pending on 23 the effective date of this division of this Act shall not 24 be affected due to this division of this Act. Any cause of 25 action or statute of limitation relating to an action taken by 26 the board of educational examiners shall not be affected as a 27 result of this division of this Act and such cause or statute 28 of limitation shall apply to the state board of education, the 29 director of the department of education, and the department of 30 education, as applicable. 31 4. a. All employees of the board of educational examiners 32 shall be considered employees of the department of education 33 on the effective date of this division of this Act without 34 incurring any loss in salary, benefits, or accrued years of 35 -69- LSB 5398XL (18) 84 kh/rj 69/ 156
S.F. _____ H.F. _____ service. 1 b. If an employee of the department is an employee covered 2 under the collective bargaining provisions of chapter 20, that 3 employee shall also be covered under chapter 20 upon employment 4 with the department of education. 5 c. All employees of the board transitioning employment to 6 the department pursuant to this subsection shall be considered 7 employees for purposes of chapter 97B. 8 d. Notwithstanding any provisions to the contrary in 9 chapter 68B or in this division of this Act, and subject to the 10 approval of the director of the department of education, the 11 department may employ not more than two individuals who were 12 employed by the board. 13 5. Any replacement of signs, logos, stationery, insignia, 14 uniforms, and related items that is made due to the effect of 15 this division of this Act shall be done as part of the normal 16 replacement cycle for such items. 17 6. The board of educational examiners shall assist the 18 department of education in implementing this division of this 19 Act by providing for an effective transition of powers and 20 duties from one agency to another under chapters 256 and 272 21 and related administrative rules. To the extent requested by 22 the department of education, such assistance shall include 23 but is not limited to assisting in cooperating with federal 24 agencies such as the United States department of education. 25 7. Any moneys remaining in any account or fund under 26 the control of the board of educational examiners on the 27 effective date of this division of this Act and relating to the 28 provisions of this division of this Act shall be transferred 29 to a comparable fund or account under the control of the 30 department of education for such purposes. Notwithstanding 31 section 8.33, the moneys transferred in accordance with this 32 subsection shall not revert to the account or fund from which 33 appropriated or transferred. 34 8. Any license, permit, or contract issued or entered 35 -70- LSB 5398XL (18) 84 kh/rj 70/ 156
S.F. _____ H.F. _____ into by the board of educational examiners relating to the 1 provisions of this division of this Act in effect on the 2 effective date of this division of this Act shall continue 3 in full force and effect pending transfer of such licenses, 4 permits, or contracts to the department of education. 5 9. Federal funds utilized by the executive director of the 6 board of educational examiners prior to the effective date of 7 this division of this Act to employ personnel necessary for the 8 administration of the board’s programs shall be applied to and 9 be available for the transfer of such personnel from the board 10 office to the department of education. 11 10. The initial board of educational examiners created 12 within the department of education shall consist of the members 13 of the board of educational examiners appointed in accordance 14 with section 272.3, Code 2011, serving on the effective date 15 of this division of this Act. Said board members shall serve 16 as members and fulfill the duties of the board of educational 17 examiners as created by this division of this Act until such 18 time as members of the board are appointed as provided by 19 section 256.104 as enacted by this division of this Act. 20 DIVISION XI 21 SCHOOL INSTRUCTIONAL TIME TASK FORCE 22 Sec. 105. SCHOOL INSTRUCTIONAL TIME TASK FORCE. 23 1. The director of the department of education shall 24 appoint a school instructional time task force comprised of at 25 least seven members to conduct a study regarding the minimum 26 requirements of the school day and the school year. The study 27 shall include but not be limited to an examination of the 28 following: 29 a. Whether the minimum length of an instructional day should 30 be extended and, if so, whether the instructional day should be 31 extended for all students or for specific groups of students. 32 b. Whether the minimum number of instructional days or 33 hours in a school year should be increased and, if so, whether 34 the minimum number of days or hours in a school year should be 35 -71- LSB 5398XL (18) 84 kh/rj 71/ 156
S.F. _____ H.F. _____ increased for all students or for specific groups of students. 1 c. Whether the minimum number of instructional days or hours 2 should be rearranged to result in a shorter summer break, with 3 other days or weeks off throughout the school year. 4 d. Whether the minimum school year should be defined by a 5 number of days or by a number of instructional hours. 6 e. Whether there should be a uniform, statewide start date 7 for the school year that can only be waived for the purpose of 8 implementing an innovative educational program. 9 f. Whether resources necessary to extend the minimum length 10 of an instructional day or the minimum length of a school year 11 are justified when compared to competing education priorities. 12 2. The appointment of members to the task force shall 13 be made in a manner which provides geographical area 14 representation and complies with sections 69.16, 69.16A, and 15 69.16C. 16 3. The task force shall submit its findings and 17 recommendations in a report to the state board of education, 18 the governor, and the general assembly by October 15, 2012. 19 DIVISION XII 20 ASSESSMENTS 21 Sec. 106. Section 256.7, subsection 21, paragraphs a and c, 22 Code Supplement 2011, are amended to read as follows: 23 a. Requirements that all school districts and accredited 24 nonpublic schools develop, implement, and file with the 25 department a comprehensive school improvement plan that 26 includes, but is not limited to, demonstrated school, parental, 27 and community involvement in assessing educational needs, 28 establishing local compliance with education standards 29 in statute and adopted by rule by the state board, and 30 with student achievement levels, and, as applicable, the 31 consolidation of federal and state planning, goal-setting, and 32 reporting requirements. 33 c. A requirement that all school districts and accredited 34 nonpublic schools annually report to the department and the 35 -72- LSB 5398XL (18) 84 kh/rj 72/ 156
S.F. _____ H.F. _____ local community the district-wide progress made in attaining 1 student achievement goals on the academic and other core 2 indicators and the district-wide progress made in attaining 3 locally established student learning goals. The Use by school 4 districts and accredited nonpublic schools shall demonstrate 5 the use of multiple statewide assessment measures identified 6 and approved by the state board in determining student 7 achievement levels. The school districts and accredited 8 nonpublic schools shall also report the number of students 9 who graduate; the number of students who drop out of school; 10 the number of students who are tested and the percentage of 11 students who are so tested annually; and the percentage of 12 students who graduated during the prior school year and who 13 completed a core curriculum. The board shall develop and 14 adopt uniform definitions consistent with the federal No Child 15 Left Behind Act of 2001, Pub. L. No. 107-110 and any federal 16 regulations adopted pursuant to the federal Act. The school 17 districts and accredited nonpublic schools may report on other 18 locally determined factors influencing student achievement. 19 The school districts and accredited nonpublic schools shall 20 also report to the local community their results by individual 21 attendance center. 22 Sec. 107. Section 256.7, subsection 21, Code Supplement 23 2011, is amended by adding the following new paragraph: 24 NEW PARAGRAPH . d. By July 1, 2014, establishment by the 25 department of an accountability system designed to hold school 26 districts and accredited nonpublic schools accountable for 27 student achievement. The accountability system shall, at 28 a minimum, define and measure student achievement, student 29 growth, student achievement gaps, college and career readiness, 30 student well-being, parent satisfaction, school staff working 31 conditions, school fiscal responsibility, and graduation 32 and attendance rates. The director may at the director’s 33 discretion, or shall as directed by the state board, convene 34 a working group to develop recommendations for any of the 35 -73- LSB 5398XL (18) 84 kh/rj 73/ 156
S.F. _____ H.F. _____ following: 1 (1) The accountability system established pursuant to this 2 paragraph. 3 (2) Redesigning the accreditation procedures implemented 4 under section 256.11. 5 (3) A compliance monitoring process aligned with the 6 accountability system. 7 (4) Targeting support for school districts identified as 8 needing assistance under the accountability system. 9 (5) Identifying, studying, and commending high-performing 10 districts. 11 (6) Developing strategies to take over the operation of 12 school districts determined pursuant to section 256.11, or 13 under the accountability system, as persistently failing to 14 meet educational system or student achievement standards. 15 Sec. 108. Section 256.7, subsection 26, paragraph a, 16 subparagraph (1), Code Supplement 2011, is amended to read as 17 follows: 18 (1) The rules establishing high school graduation 19 requirements shall authorize a school district or 20 accredited nonpublic school to consider that any student 21 who satisfactorily completes a high school-level unit of 22 English or language arts, mathematics, science, or social 23 studies has satisfactorily completed a unit of the high 24 school graduation requirements for that area as specified 25 in this lettered paragraph, and shall authorize the school 26 district or accredited nonpublic school to issue high school 27 credit for the unit to the student. The rules shall also 28 require administration of the college entrance examination in 29 accordance with section 280.18. 30 Sec. 109. Section 256.7, subsection 26, Code Supplement 31 2011, is amended by adding the following new paragraph: 32 NEW PARAGRAPH . d. Adopt by rule by July 1, 2014, a policy 33 for the incorporation by school districts of end-of-course 34 assessments into the district’s high school graduation 35 -74- LSB 5398XL (18) 84 kh/rj 74/ 156
S.F. _____ H.F. _____ requirements. 1 Sec. 110. Section 256.7, subsection 28, Code Supplement 2 2011, is amended to read as follows: 3 28. Adopt a set of core content standards applicable to 4 all students in kindergarten through grade twelve in every 5 school district and accredited nonpublic school. For purposes 6 of this subsection , “core content standards” includes reading, 7 mathematics, and science. The core content standards shall be 8 identical to the core content standards included include those 9 established in Iowa’s approved 2006 standards and assessment 10 system under Tit. I of the federal Elementary and Secondary 11 Education Act of 1965, 20 U.S.C. § 6301 et seq., as amended 12 by the federal No Child Left Behind Act of 2001, Pub. L. No. 13 107-110. School districts and accredited nonpublic schools 14 shall include, at a minimum, the core content standards adopted 15 pursuant to this subsection in any set of locally developed 16 content standards. School districts and accredited nonpublic 17 schools are strongly encouraged to set higher expectations 18 in local standards. As changes in federal law or regulation 19 occur, the state board is authorized to amend the core content 20 standards as appropriate. 21 Sec. 111. Section 256.9, Code Supplement 2011, is amended by 22 adding the following new subsections: 23 NEW SUBSECTION . 67. Require, every three years, a random 24 sampling of students who are of the appropriate age and who 25 are enrolled in school districts and schools throughout the 26 state to take the organisation for economic co-operation and 27 development programme for international student assessment. 28 NEW SUBSECTION . 68. Develop, by July 1, 2014, high school 29 end-of-course assessments for subject areas included under the 30 core content standards. 31 Sec. 112. NEW SECTION . 256.24 Value-added assessment 32 system. 33 1. For purposes of this section, unless the context 34 otherwise requires, “value-added assessment” means a method 35 -75- LSB 5398XL (18) 84 kh/rj 75/ 156
S.F. _____ H.F. _____ to measure gains in student achievement by conducting a 1 statistical analysis of achievement data that reveals academic 2 growth over time for students and groups of students, such as 3 those in a grade level or in a school. 4 2. A value-added assessment system shall be established and 5 implemented by the department not later than January 31, 2013, 6 to provide for multivariate longitudinal analysis of annual 7 student test scores to determine the influence of a school 8 district’s educational program on student academic growth and 9 to guide school district improvement efforts. The department 10 shall select a value-added assessment system provider through a 11 request for proposals process. The system provider selected 12 by the department shall offer a value-added assessment system 13 to calculate annually the academic growth of students, as 14 determined by the director, and tested in accordance with this 15 section. The system provider shall, at a minimum, meet all of 16 the following criteria: 17 a. Use a mixed-model statistical analysis that has the 18 ability to use all achievement test data for each student, 19 including the data for students with missing test scores, that 20 does not adjust downward expectations for student progress 21 based on race, poverty, or gender, and that will provide the 22 best linear unbiased predictions of school or other educational 23 entity effects to minimize the impact of random errors. 24 b. Have the ability to work with test data from a variety of 25 sources, including data that are not vertically scaled, and to 26 provide support for school districts utilizing the system. 27 c. Have the capacity to receive and report results 28 electronically and provide support for districts utilizing the 29 system. 30 3. The system provider shall create a mechanism to collect 31 and evaluate data in a manner that reliably aligns the 32 performance of the teacher with the achievement levels of and 33 progress of the teacher’s students. School districts shall 34 report teacher-to-student alignment data to the system provider 35 -76- LSB 5398XL (18) 84 kh/rj 76/ 156
S.F. _____ H.F. _____ as directed by the department. 1 4. The system provider shall provide analysis to school 2 districts and to the department of education. The analysis 3 shall include but not be limited to attendance-center-level 4 test results for an assessment aligned with the core content 5 standards in the areas of reading and mathematics and other 6 core academic areas when possible. The analysis shall also 7 include but not be limited to the number of students tested, 8 the number of test results used to compute the averages, 9 the average standard score, and the corresponding grade 10 equivalent-score, as well as measures of student progress. The 11 system provider shall create a chart for each school district. 12 5. A school district shall have complete access to and 13 full utilization of its own value-added assessment reports and 14 charts generated by the system provider at the student level 15 for the purpose of measuring student achievement at different 16 educational entity levels. 17 6. Where student outcomes measures are available, for 18 tested subjects and grades, student outcomes measures 19 shall be considered by the district to validate a teacher’s 20 observational evaluation. Student outcomes measures which are 21 a component of a teacher’s evaluation are not public records 22 for the purposes of chapter 22. 23 7. Information about student academic growth shall be 24 used by the school district, including school board members, 25 administration, and staff, for defining student and district 26 learning goals and professional development related to student 27 learning goals across the school district. A school district 28 shall submit its academic growth measures in the annual report 29 submitted pursuant to section 256.7, subsection 21, and may 30 reference in the report state level norms for purposes of 31 demonstrating school district performance. 32 8. The department shall use student academic growth data to 33 determine school improvement and technical assistance needs of 34 school districts, and to identify school districts achieving 35 -77- LSB 5398XL (18) 84 kh/rj 77/ 156
S.F. _____ H.F. _____ exceptional gains. Beginning January 15, 2013, and by January 1 15 of each succeeding year, the department shall submit an 2 annual progress report regarding the use of student academic 3 growth information in the school improvement processes to the 4 general assembly and shall publish the progress report on its 5 internet site. 6 9. A school district shall use the value-added assessment 7 system established by the department pursuant to subsection 1 8 not later than the school year beginning July 1, 2013. 9 Sec. 113. Section 279.60, Code 2011, is amended to read as 10 follows: 11 279.60 Kindergarten assessment Assessments —— access to data 12 —— reports. 13 1. a. Each school district shall administer a kindergarten 14 readiness assessment prescribed by the department of education 15 to every resident prekindergarten or four-year-old child whose 16 parent or guardian enrolls the child in the district. 17 b. Each school district shall administer the dynamic 18 indicators of basic early literacy skills kindergarten 19 benchmark assessment or other kindergarten benchmark assessment 20 adopted by the department of education in consultation with 21 the early childhood Iowa state board to every kindergarten 22 student enrolled in the district not later than the date 23 specified in section 257.6, subsection 1 . The school district 24 shall also collect information from each parent, guardian, 25 or legal custodian of a kindergarten student enrolled in the 26 district, including but not limited to whether the student 27 attended preschool, factors identified by the early childhood 28 Iowa office pursuant to section 256I.5 , and other demographic 29 factors. Each school district shall report the results of 30 the assessment and the preschool information collected to 31 the department of education in the manner prescribed by the 32 department not later than January 1 of that school year. The 33 early childhood Iowa office in the department of management 34 shall have access to the raw data. The department shall review 35 -78- LSB 5398XL (18) 84 kh/rj 78/ 156
S.F. _____ H.F. _____ the information submitted pursuant to this section and shall 1 submit its findings and recommendations annually in a report to 2 the governor, the general assembly, the early childhood Iowa 3 state board, and the early childhood Iowa area boards. 4 2. a. Each school district shall administer the Iowa 5 assessments created by the state university of Iowa, to all 6 students enrolled in grade ten in the school years beginning 7 July 1, 2012, and July 1, 2013. 8 b. This subsection is repealed July 1, 2014. 9 3. By July 1, 2014, each school district shall administer 10 end-of-course assessments developed pursuant to section 256.9, 11 subsection 68, as an integral component of each course of study 12 under the core content standards. 13 Sec. 114. NEW SECTION . 280.18 Assessment requirements. 14 1. The board of directors of a school district and the 15 authorities in charge of a nonpublic school shall provide 16 to each student enrolled in grade eleven a college entrance 17 examination produced to assess English, reading, mathematics, 18 and science. Each school district and nonpublic school shall 19 offer to provide to any student enrolled in grade eleven 20 assessments to assess reading for information, locating 21 information, and applied mathematics. 22 2. a. If funds are made available to the department of 23 education for such purpose, the cost of the college entrance 24 examination administered pursuant to subsection 1 shall be paid 25 by the department. 26 b. The cost of the career readiness assessments administered 27 pursuant to subsection 1 shall be paid by the department if 28 funds are available to the department for that purpose. 29 c. The costs of a college entrance examination taken by a 30 student in addition to those specified in subsection 1 shall be 31 the responsibility of the student. 32 3. If funds are available to the department for such 33 purpose, the department shall make a preparation program for 34 the college entrance examination available to all students in 35 -79- LSB 5398XL (18) 84 kh/rj 79/ 156
S.F. _____ H.F. _____ grade eleven. The department may contract for the necessary 1 assessment services. 2 4. a. The school district or school shall counsel a student 3 whose scores on the college entrance examination administered 4 in grade eleven indicate a high degree of readiness for college 5 to enroll in accelerated courses, with an emphasis on advanced 6 placement and other college-level classes. 7 b. The school district or school shall provide intervention 8 strategies for accelerated learning in the following 9 circumstances: 10 (1) To a student whose scores on the career readiness 11 assessments indicate that additional assistance is required 12 in reading for information, locating information, or applied 13 mathematics. 14 (2) To a student whose scores on the college entrance 15 examination administered in grade eleven indicate that 16 additional assistance is required in English, reading, 17 mathematics, and science. 18 5. Accommodations provided by the college entrance 19 examination provider to a student with a disability taking 20 the college entrance examination under subsection 1 shall be 21 provided in the following manner: 22 a. In the manner allowed by the college entrance examination 23 provider, when results in test scores are reportable to 24 a postsecondary institution for admissions and placement 25 purposes, except as provided in paragraph “b” . 26 b. In a manner allowed by an individualized education 27 program developed for the student if the student is a student 28 requiring special education under chapter 256B and the 29 student’s disability precludes valid assessment of academic 30 ability using the accommodations provided under paragraph “a” 31 when the student’s scores are not reportable to a postsecondary 32 institution for admissions and placement purposes. 33 6. A student’s scores on the examinations administered 34 under subsection 1 shall be recorded by the school district or 35 -80- LSB 5398XL (18) 84 kh/rj 80/ 156
S.F. _____ H.F. _____ school in the student’s official education record. 1 DIVISION XIII 2 NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS AWARDS 3 Sec. 115. Section 256.44, subsection 1, paragraph a, Code 4 2011, is amended to read as follows: 5 a. If a teacher registers for national board for 6 professional teaching standards certification by after December 7 31, 2007, a one-time initial reimbursement award in the amount 8 of up to one-half of the registration fee paid by the teacher 9 for registration for certification by the national board for 10 professional teaching standards. The teacher shall apply to 11 the department within one year of registration in a manner and 12 according to procedures required by the department , submitting 13 to the department any documentation the department requires. 14 A teacher who receives an initial reimbursement award shall 15 receive a one-time final registration award in the amount of 16 the remaining national board registration fee paid by the 17 teacher if the teacher notifies the department of the teacher’s 18 certification achievement and submits any documentation 19 requested by the department. 20 Sec. 116. Section 256.44, subsection 1, paragraph b, 21 subparagraph (1), subparagraph division (b), Code 2011, is 22 amended to read as follows: 23 (b) If the teacher registers for national board for 24 professional teaching standards certification between January 25 1, 1999, and December 31, 2007, and achieves certification 26 within the timelines and policies established by the national 27 board for professional teaching standards, an annual award in 28 the amount of two thousand five hundred dollars upon achieving 29 certification by the national board of professional teaching 30 standards. 31 DIVISION XIV 32 EDUCATOR EMPLOYMENT AND PROFESSIONAL DEVELOPMENT MATTERS 33 Sec. 117. Section 256.7, Code Supplement 2011, is amended by 34 adding the following new subsection: 35 -81- LSB 5398XL (18) 84 kh/rj 81/ 156
S.F. _____ H.F. _____ NEW SUBSECTION . 32. Adopt rules providing for the 1 establishment of a statewide plan for professional development 2 for practitioners employed in Iowa’s school districts. The 3 statewide plan shall be designed to make every reasonable 4 effort to utilize best practices, current technologies, and 5 social media, and shall be implemented by the area education 6 agencies pursuant to section 273.2. 7 Sec. 118. Section 256.9, Code Supplement 2011, is amended by 8 adding the following new subsection: 9 NEW SUBSECTION . 69. Approve, amend and approve, or 10 reject each professional development plan submitted pursuant 11 to section 273.2, in accordance with the rules adopted 12 pursuant to section 256.7, subsection 32, providing for the 13 establishment of a statewide professional development plan 14 for practitioners. The director may grant a waiver to a 15 school district exempting the school district from utilizing 16 the area professional development plan approved pursuant to 17 this subsection if the director determines that the school 18 district’s professional development plan achieves the goals for 19 professional development established in accordance with section 20 256.7, subsection 32. 21 Sec. 119. Section 257.10, subsection 10, paragraph d, Code 22 2011, is amended to read as follows: 23 d. The use of the funds calculated under this subsection 24 shall comply with the requirements of section 256.7, subsection 25 32, and chapter 284 . 26 Sec. 120. Section 257.10, subsection 10, Code 2011, is 27 amended by adding the following new paragraph: 28 NEW PARAGRAPH . e. For the budget year beginning July 1, 29 2012, and succeeding budget years, the department of management 30 shall reduce the distributions from the amount generated by the 31 total professional development supplement district cost to each 32 school district for the budget year by ten percent. However, 33 for purposes of the calculation of the combined district cost 34 pursuant to section 257.10, subsection 8, and the calculation 35 -82- LSB 5398XL (18) 84 kh/rj 82/ 156
S.F. _____ H.F. _____ of the additional property tax pursuant to section 257.4, the 1 total professional development supplement district cost is the 2 amount which results after the reduction made pursuant to this 3 paragraph. 4 Sec. 121. Section 257.16, Code 2011, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 5. There is appropriated to the department 7 of education for the fiscal year beginning July 1, 2012, and 8 each fiscal year thereafter, an amount equal to the amount of 9 the professional development supplement reduction, determined 10 pursuant to section 257.10, subsection 10, paragraph “e” , and 11 section 257.37A, subsection 2, paragraph “d” , for purposes 12 of implementing a statewide professional development plan in 13 accordance with section 256.7, subsection 32. 14 Sec. 122. Section 257.37A, subsection 2, paragraph d, Code 15 2011, is amended to read as follows: 16 d. The use of the funds calculated under this subsection 17 shall comply with requirements of section 256.7, subsection 32, 18 and chapter 284 . 19 Sec. 123. Section 257.37A, subsection 2, Code 2011, is 20 amended by adding the following new paragraph: 21 NEW PARAGRAPH . e. For the budget year beginning July 1, 22 2012, and succeeding budget years, the department of management 23 shall reduce the distributions from the amount generated by the 24 total area education agency professional development supplement 25 district cost to each area education agency for the budget 26 year by ten percent. However, for purposes of the calculation 27 of the combined district cost pursuant to section 257.10, 28 subsection 8, and the calculation of the additional property 29 tax pursuant to section 257.4, the total area educational 30 agency professional development supplement district cost is the 31 amount which results after the reduction made pursuant to this 32 paragraph. 33 Sec. 124. Section 260C.39, subsection 3, Code 2011, is 34 amended to read as follows: 35 -83- LSB 5398XL (18) 84 kh/rj 83/ 156
S.F. _____ H.F. _____ 3. The terms of employment of personnel, for the academic 1 year following the effective date of the agreement to combine 2 the merged areas shall not be affected by the combination of 3 the merged areas, except in accordance with the procedures 4 under sections 279.15 to 279.18 279.17 and section 279.24 , 5 to the extent those procedures are applicable, or under the 6 terms of the base bargaining agreement. The authority and 7 responsibility to offer new contracts or to continue, modify, 8 or terminate existing contracts pursuant to any applicable 9 procedures under chapter 279 , shall be transferred to the 10 acting, and then to the new, board of the combined merged area 11 upon certification of a favorable vote to each of the merged 12 areas affected by the agreement. The collective bargaining 13 agreement of the merged area receiving the greatest amount of 14 general state aid shall serve as the base agreement for the 15 combined merged area and the employees of the merged areas 16 which combined to form the new combined merged area shall 17 automatically be accreted to the bargaining unit from that 18 former merged area for purposes of negotiating the contracts 19 for the following years without further action by the public 20 employment relations board. If only one collective bargaining 21 agreement is in effect among the merged areas which are 22 combining under this section , then that agreement shall serve 23 as the base agreement, and the employees of the merged areas 24 which are combining to form the new combined merged area shall 25 automatically be accreted to the bargaining unit of that former 26 merged area for purposes of negotiating the contracts for the 27 following years without further action by the public employment 28 relations board. The board of the combined merged area, using 29 the base agreement as its existing contract, shall bargain with 30 the combined employees of the merged areas that have agreed 31 to combine for the academic year beginning with the effective 32 date of the agreement to combine merged areas. The bargaining 33 shall be completed by March 15 prior to the academic year in 34 which the agreement to combine merged areas becomes effective 35 -84- LSB 5398XL (18) 84 kh/rj 84/ 156
S.F. _____ H.F. _____ or within one hundred eighty days after the organization of 1 the acting board of the new combined merged area, whichever 2 is later. If a bargaining agreement was already concluded in 3 the former merged area which has the collective bargaining 4 agreement that is serving as the base agreement for the new 5 combined merged area, between the former merged area board 6 and the employees of the former merged area, that agreement 7 is void, unless the agreement contained multiyear provisions 8 affecting academic years subsequent to the effective date of 9 the agreement to form a combined merged area. If the base 10 collective bargaining agreement contains multiyear provisions, 11 the duration and effect of the agreement shall be controlled 12 by the terms of the agreement. The provisions of the base 13 agreement shall apply to the offering of new contracts, or 14 the continuation, modification, or termination of existing 15 contracts between the acting or new board of the combined 16 merged area and the combined employees of the new combined 17 merged area. 18 Sec. 125. Section 261.48, subsection 1, paragraph a, Code 19 2011, is amended to read as follows: 20 a. Is a teacher employed on a full-time basis under sections 21 279.13 through 279.17 and 279.19 in a school district in this 22 state, is a teacher in an approved nonpublic school in this 23 state, or is a licensed teacher at the Iowa braille and sight 24 saving school or the Iowa school for the deaf. 25 Sec. 126. Section 262.9, subsection 2, Code Supplement 26 2011, is amended to read as follows: 27 2. Elect a president of each of the institutions of higher 28 learning; a superintendent of each of the other institutions; 29 a treasurer and a secretarial officer for each institution 30 annually; professors, instructors, officers, and employees; 31 and fix their compensation. Sections 279.12 through 279.17, 32 279.19 , and section 279.27 apply to employees of the Iowa 33 braille and sight saving school and the state school for 34 the deaf, who are licensed pursuant to chapter 272 256 . In 35 -85- LSB 5398XL (18) 84 kh/rj 85/ 156
S.F. _____ H.F. _____ following those sections in chapter 279 , the references to 1 boards of directors of school districts shall be interpreted to 2 apply to the board of regents. 3 Sec. 127. Section 272.15, subsection 1, paragraph a, Code 4 Supplement 2011, is amended to read as follows: 5 a. The board of directors of a school district or area 6 education agency, the superintendent of a school district or 7 the chief administrator of an area education agency, and the 8 authorities in charge of a nonpublic school shall report to the 9 board the nonrenewal or termination, for reasons of alleged 10 or actual misconduct, of a person’s contract executed under 11 sections 279.12 , 279.13 , 279.15 , 279.16, 279.17, 279.19 through 12 279.21 , 279.23 , and 279.24 , and the resignation of a person who 13 holds a license, certificate, or authorization issued by the 14 board as a result of or following an incident or allegation 15 of misconduct that, if proven, would constitute a violation 16 of the rules adopted by the board to implement section 272.2, 17 subsection 14 , paragraph “b” , subparagraph (1), when the 18 board or reporting official has a good faith belief that the 19 incident occurred or the allegation is true. The board may 20 deny a license or revoke the license of an administrator if 21 the board finds by a preponderance of the evidence that the 22 administrator failed to report the termination or resignation 23 of a school employee holding a license, certificate, statement 24 of professional recognition, or coaching authorization, for 25 reasons of alleged or actual misconduct, as defined by this 26 section . 27 Sec. 128. 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 -86- LSB 5398XL (18) 84 kh/rj 86/ 156
S.F. _____ H.F. _____ 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. 4 Sec. 129. Section 273.22, subsection 1, Code 2011, is 5 amended to read as follows: 6 1. The terms of employment of the administrator and staff 7 of affected area education agencies for the school year 8 beginning with the effective date of the formation of the new 9 area education agency shall not be affected by the formation 10 of the new area education agency, except in accordance with 11 the provisions of sections 279.15 through 279.18 279.17 , 12 and 279.24 , and the authority and responsibility to offer 13 new contracts or to continue, modify, or terminate existing 14 contracts pursuant to sections 279.12 , 279.13 , 279.15 , 15 279.16, 279.17, 279.19 through 279.21 , 279.23 , and 279.24 16 for the school year beginning with the effective date of the 17 reorganization shall be transferred from the boards of the 18 existing area education agencies to the board of the new area 19 education agency following approval of the reorganization plan 20 by the state board as provided in section 273.21, subsection 4 . 21 Sec. 130. Section 275.33, subsection 1, Code 2011, is 22 amended to read as follows: 23 1. The terms of employment of superintendents, principals, 24 and teachers, for the school year following the effective date 25 of the formation of the new district shall not be affected by 26 the formation of the new district, except in accordance with 27 the provisions of sections 279.15 to 279.18 279.17 and 279.24 28 and the authority and responsibility to offer new contracts or 29 to continue, modify, or terminate existing contracts pursuant 30 to sections 279.12 , 279.13 , 279.15 , 279.16, 279.17, 279.19 to 31 279.21 , 279.23 , and 279.24 for the school year beginning with 32 the effective date of the reorganization shall be transferred 33 from the boards of the existing districts to the board of the 34 new district on the third Tuesday of January prior to the 35 -87- LSB 5398XL (18) 84 kh/rj 87/ 156
S.F. _____ H.F. _____ school year the reorganization is effective. 1 Sec. 131. Section 279.13, subsection 5, Code 2011, is 2 amended to read as follows: 3 5. Notwithstanding the other provisions of this section , a 4 temporary contract may be issued to a teacher to fill a vacancy 5 created by a leave of absence in accordance with the provisions 6 of section 29A.28 , which contract shall automatically terminate 7 upon return from military leave of the former incumbent of the 8 teaching position and which contract shall not be subject to 9 the provisions of sections 279.15 through 279.17, 279.19 , or 10 section and 279.27 . A separate extracurricular contract issued 11 pursuant to section 279.19A to a person issued a temporary 12 contract under this section shall automatically terminate with 13 the termination of the temporary contract as required under 14 section 279.19A, subsection 8 . 15 Sec. 132. Section 279.13, Code 2011, is amended by adding 16 the following new subsection: 17 NEW SUBSECTION . 6. Notwithstanding the other provisions 18 of this section and any contrary provision of the Code, if 19 the board of directors of a school district or charter school 20 institutes, by majority vote of the membership of the board, 21 a reduction in force, a decision by the board not to renew a 22 teacher contract shall be based upon the following: 23 a. The teacher’s effectiveness as demonstrated in 24 evaluations conducted under the teacher evaluation plan adopted 25 pursuant to section 284.4, and the teacher’s performance review 26 conducted pursuant to section 284.8. 27 b. The teacher’s licensure and endorsements and the needs of 28 the school district or school, and the needs of the students. 29 c. The teacher’s hiring date may be taken into consideration 30 only if the bases existing under paragraphs “a” and “b” are 31 substantially equal to the bases existing under paragraphs “a” 32 and “b” for another teacher. 33 Sec. 133. Section 279.16, subsection 4, Code 2011, is 34 amended to read as follows: 35 -88- LSB 5398XL (18) 84 kh/rj 88/ 156
S.F. _____ H.F. _____ 4. The board shall not be bound by common law or statutory 1 rules of evidence or by technical or formal rules of procedure, 2 but it shall hold the hearing in such manner as is best suited 3 to ascertain and conserve the substantial rights of the 4 parties. Process and procedure under sections 279.13 to 279.17 5 and 279.19 shall be as summary as reasonably may be. 6 Sec. 134. Section 279.17, subsections 1, 5, and 7, Code 7 2011, are amended to read as follows: 8 1. If the teacher is no longer a probationary teacher, the 9 teacher may, within ten five days, appeal the determination of 10 the board to an adjudicator by filing a notice of appeal with 11 the secretary of the board. The notice of appeal shall contain 12 a concise statement of the action which is the subject of the 13 appeal, the particular board action appealed from, the grounds 14 on which relief is sought and the relief sought. 15 5. Before the date set for hearing a petition for review 16 of board action, which shall be within ten five days after 17 receipt of the record unless otherwise agreed or unless the 18 adjudicator orders additional evidence be taken before the 19 board, application may be made to the adjudicator for leave to 20 present evidence in addition to that found in the record of the 21 case. If it is shown to the adjudicator that the additional 22 evidence is material and that there were good reasons for 23 failure to present it in the private hearing before the board, 24 the adjudicator may order that the additional evidence be taken 25 before the board upon conditions determined by the adjudicator. 26 The board may modify its findings and decision in the case by 27 reason of the additional evidence and shall file that evidence 28 and any modifications, new findings, or decisions, with the 29 adjudicator and mail copies of the new findings or decisions 30 to the teacher. 31 7. The adjudicator shall, within fifteen five days after the 32 hearing, make a decision and shall give a copy of the decision 33 to the teacher and the secretary of the board. The decision 34 of the adjudicator shall become the final and binding decision 35 -89- LSB 5398XL (18) 84 kh/rj 89/ 156
S.F. _____ H.F. _____ of the board unless either party within ten days notifies the 1 secretary of the board that the decision is rejected . The 2 board may reject the decision by majority vote, by roll call, 3 in open meeting and entered into the minutes of the meeting. 4 The board shall immediately notify the teacher of its decision 5 by certified mail. The teacher may reject the adjudicator’s 6 decision by notifying the board’s secretary in writing within 7 ten days of the filing of such decision. 8 Sec. 135. Section 279.17, subsection 4, paragraph a, Code 9 2011, is amended to read as follows: 10 a. Within thirty five days after filing the notice of 11 appeal, or within further time allowed by the adjudicator, 12 the board shall transmit to the adjudicator the original or 13 a certified copy of the entire record of the private hearing 14 which may be the subject of the petition. By stipulation 15 of the parties to review the proceedings, the record of the 16 case may be shortened. The adjudicator may require or permit 17 subsequent corrections or additions to the shortened record. 18 Sec. 136. Section 279.17, subsection 6, paragraph b, Code 19 2011, is amended by striking the paragraph. 20 Sec. 137. Section 279.19, Code 2011, is amended to read as 21 follows: 22 279.19 Probationary period. 23 1. The For a teacher first employed by a school district 24 on or after July 1, 2012, the first three five consecutive 25 years of employment of a the teacher in the same that school 26 district are a probationary period. However, if the teacher 27 has successfully completed a probationary period of employment 28 for another school district located in Iowa, the probationary 29 period in the current district of employment shall not exceed 30 one year. A board of directors may waive the probationary 31 period for any teacher who previously has served a probationary 32 period in another school district and the board may extend the 33 probationary period for an additional year with the consent of 34 the teacher. 35 -90- LSB 5398XL (18) 84 kh/rj 90/ 156
S.F. _____ H.F. _____ 2. In the case of the termination of a probationary 1 teacher’s contract, the provisions of sections 279.15 and 2 279.16 shall apply. However, if the probationary teacher is a 3 beginning teacher who fails to demonstrate competence in the 4 Iowa teaching standards in accordance with chapter 284 , the 5 provisions of sections 279.17 and 279.18 shall also apply. 6 3. The board’s decision shall be final and binding unless 7 the termination was based upon an alleged violation of a 8 constitutionally guaranteed right of the teacher or an alleged 9 violation of public employee rights of the teacher under 10 section 20.10 . 11 4. Notwithstanding any provision to the contrary, the 12 grievance procedures of section 20.18 relating to job 13 performance or job retention shall not apply to a teacher 14 during the first two years of the teacher’s probationary 15 period. However, except as provided in section 284.8, this 16 paragraph subsection shall not apply to a teacher who has 17 successfully completed a probationary period in a school 18 district in Iowa. 19 Sec. 138. Section 279.19A, subsection 2, paragraph a, Code 20 2011, is amended to read as follows: 21 a. An extracurricular contract shall be continued 22 automatically in force and effect for equivalent periods, 23 except as modified or terminated by mutual agreement of 24 the board of directors and the employee, or terminated in 25 accordance with this section . An extracurricular contract 26 shall initially be offered by the employing board to an 27 individual on the same date that contracts are offered to 28 teachers under section 279.13 . An extracurricular contract 29 may be terminated at the end of a school year pursuant to 30 sections 279.15 through 279.17 and 279.19 . If the school 31 district offers an extracurricular contract for a sport for 32 the subsequent school year to an employee who is currently 33 performing under an extracurricular contract for that sport, 34 and the employee does not wish to accept the extracurricular 35 -91- LSB 5398XL (18) 84 kh/rj 91/ 156
S.F. _____ H.F. _____ contract for the subsequent year, the employee may resign from 1 the extracurricular contract within twenty-one days after it 2 has been received. 3 Sec. 139. Section 279.19B, subsections 2 and 3, Code 2011, 4 are amended to read as follows: 5 2. An individual who has been issued a coaching 6 authorization or who possesses a teaching license with a 7 coaching endorsement but is not issued a teaching contract 8 under section 279.13 and who is employed by the board of 9 directors of a school district serves at the pleasure of the 10 board of directors and is not subject to sections 279.13 11 through 279.17, 279.19 , and 279.27 . Subsection 1 of section 12 279.19A applies to coaching authorizations. 13 3. The licensure and coaching authorization requirements 14 of this section shall not apply to community colleges. 15 An individual employed as a coach of a community college 16 interscholastic athletic activity who is not issued a teaching 17 contract under section 279.13 serves at the pleasure of the 18 board of directors of the community college and is not subject 19 to sections 279.13 through 279.17, 279.19 , and 279.27 . 20 Sec. 140. Section 279.24, subsection 4, Code 2011, is 21 amended to read as follows: 22 4. Administrators employed in a school district for 23 less than two five consecutive years are probationary 24 administrators. However, a school board may waive the 25 probationary period for any administrator who has previously 26 served a probationary period in another school district and 27 the school board may extend the probationary period for an 28 additional year with the consent of the administrator. If a 29 school board determines that it should terminate a probationary 30 administrator’s contract, the school board shall notify the 31 administrator not later than May 15 that the contract will not 32 be renewed beyond the current year. The notice shall be in 33 writing by letter, personally delivered, or mailed by certified 34 mail. The notification shall be complete when received by 35 -92- LSB 5398XL (18) 84 kh/rj 92/ 156
S.F. _____ H.F. _____ the administrator. Within ten five days after receiving the 1 notice, the administrator may request a private conference 2 with the school board to discuss the reasons for termination. 3 The school board’s decision to terminate a probationary 4 administrator’s contract shall be final unless the termination 5 was based upon an alleged violation of a constitutionally 6 guaranteed right of the administrator. 7 Sec. 141. Section 279.24, subsection 5, paragraphs c 8 through i, Code 2011, are amended to read as follows: 9 c. Within five days after receipt of the written notice 10 that the school board has voted to consider termination 11 of the contract, the administrator may request in writing 12 to the secretary of the school board that the notification 13 be forwarded to the board of educational examiners public 14 employee relations board along with a request that the board 15 of educational examiners public employee relations board 16 submit a list of five qualified administrative law judges 17 adjudicators to the parties. Within three days from receipt 18 of the list , the parties shall select an administrative law 19 judge adjudicator by alternately removing a name from the list 20 until only one name remains. The person whose name remains 21 shall be the administrative law judge adjudicator . The parties 22 shall determine by lot which party shall remove the first name 23 from the list. The hearing shall be held no sooner than ten 24 five days and not later than thirty five days following the 25 administrator’s request unless the parties otherwise agree. 26 If the administrator does not request a hearing, the school 27 board, not later than May 31, may determine the continuance or 28 discontinuance of the contract and, if the board determines to 29 continue the administrator’s contract, whether to suspend the 30 administrator with or without pay for a period specified by 31 the board. School board action shall be by majority roll call 32 vote entered on the minutes of the meeting. Notice of school 33 board action shall be personally delivered or mailed to the 34 administrator. 35 -93- LSB 5398XL (18) 84 kh/rj 93/ 156
S.F. _____ H.F. _____ d. The administrative law judge adjudicator selected shall 1 notify the secretary of the school board and the administrator 2 in writing concerning the date, time, and location of the 3 hearing. The school board may be represented by a legal 4 representative, if any, and the administrator shall appear and 5 may be represented by counsel or by representative, if any. 6 A transcript or recording shall be made of the proceedings 7 at the hearing. A school board member or administrator is 8 not liable for any damage to an administrator or school board 9 member if a statement made at the hearing is determined to be 10 erroneous as long as the statement was made in good faith. The 11 adjudicator may affirm board action or remand the case to the 12 board for further proceedings. The adjudicator shall reverse, 13 modify, or grant any appropriate relief from the board action 14 if substantial rights of the administrator have been prejudiced 15 because the board’s action is any of the following: 16 (1) In violation of a board rule or policy or contract. 17 (2) Unreasonable, arbitrary, or capricious or characterized 18 by an abuse of discretion or a clearly unwarranted exercise of 19 discretion. 20 e. The administrative law judge adjudicator shall, within 21 ten five days following the date of the hearing, make a 22 proposed decision as to whether or not the administrator 23 should be dismissed, and shall give a copy of the proposed 24 decision to the administrator and the school board. Findings 25 of fact shall be prepared by the administrative law judge 26 adjudicator . The proposed decision of the administrative law 27 judge adjudicator shall become the final decision of the school 28 board unless within ten days after the filing of the decision 29 the administrator files a written notice of appeal with the 30 school board, or the school board on its own motion determines 31 to review the decision . 32 f. If the administrator appeals to the school board, or if 33 the school board determines on its own motion to review the 34 proposed decision of the administrative law judge, a private 35 -94- LSB 5398XL (18) 84 kh/rj 94/ 156
S.F. _____ H.F. _____ hearing shall be held before the school board within five days 1 after the petition for review, or motion for review, has been 2 made or at such other time as the parties agree. The private 3 hearing is not subject to chapter 21 . The school board may 4 hear the case de novo upon the record as submitted before the 5 administrative law judge. In cases where there is an appeal 6 from a proposed decision or where a proposed decision is 7 reviewed on motion of the school board, an opportunity shall be 8 afforded to each party to file exceptions, present briefs, and 9 present oral arguments to the school board which is to render 10 the final decision. The secretary of the school board shall 11 give the administrator written notice of the time, place, and 12 date of the hearing. The school board shall meet within five 13 days after the hearing to determine the question of continuance 14 or discontinuance of the contract and, if the board determines 15 to continue the administrator’s contract, whether to suspend 16 the administrator with or without pay for a period specified 17 by the board. The school board shall make findings of fact 18 which shall be based solely on the evidence in the record and 19 on matters officially noticed in the record. 20 g. The decision of the school board shall be in writing 21 and shall include findings of fact and conclusions of law, 22 separately stated. Findings of fact, if set forth in statutory 23 language, shall be accompanied by a concise and explicit 24 statement of the underlying facts supporting the findings. 25 Each conclusion of law shall be supported by cited authority 26 or by reasoned opinion. 27 h. When the school board has reached a decision, opinion, 28 or conclusion, it shall convene in open meeting and by roll 29 call vote determine the continuance or discontinuance of 30 the administrator’s contract and, if the board votes to 31 continue the administrator’s contract, whether to suspend the 32 administrator with or without pay for a period specified by 33 the board. The record of the private conference and findings 34 of fact and exceptions shall be exempt from the provisions of 35 -95- LSB 5398XL (18) 84 kh/rj 95/ 156
S.F. _____ H.F. _____ chapter 22 . 1 f. The secretary of the school board shall immediately 2 personally deliver or mail notice of the school board’s 3 adjudicator’s action to the administrator. 4 i. The administrator may within thirty days after 5 notification by the school board of discontinuance of the 6 contract appeal to the district court of the county in which 7 the administrative office of the school district is located. 8 Sec. 142. Section 279.24, subsection 6, Code 2011, is 9 amended by striking the subsection. 10 Sec. 143. Section 279.27, Code 2011, is amended to read as 11 follows: 12 279.27 Discharge of teacher. 13 A teacher may be discharged at any time during the 14 contract year for just cause. The superintendent or the 15 superintendent’s designee, shall notify the teacher immediately 16 that the superintendent will recommend in writing to the board 17 at a regular or special meeting of the board held not more 18 than fifteen days after notification has been given to the 19 teacher that the teacher’s continuing contract be terminated 20 effective immediately following a decision of the board. The 21 procedure for dismissal shall be as provided in section 279.15, 22 subsection 2 , and sections 279.16 to , 279.17, and 279.19 . The 23 superintendent may suspend a teacher under this section pending 24 hearing and determination by the board. 25 Sec. 144. Section 284.3, subsection 2, paragraph a, Code 26 2011, is amended to read as follows: 27 a. For purposes of comprehensive evaluations for beginning 28 teachers required to allow beginning teachers to progress to 29 career teachers, standards and criteria that are the Iowa 30 teaching standards specified in subsection 1 and the criteria 31 for the Iowa teaching standards developed by the department in 32 accordance with section 256.9, subsection 46 . These standards 33 and criteria shall be set forth in an instrument provided by 34 the department. The comprehensive evaluation and instrument 35 -96- LSB 5398XL (18) 84 kh/rj 96/ 156
S.F. _____ H.F. _____ are not subject to negotiations or grievance procedures 1 pursuant to chapter 20 or determinations made by the board of 2 directors under section 279.14 . A local school board and its 3 certified bargaining representative may negotiate, pursuant to 4 chapter 20 , evaluation and grievance procedures for beginning 5 teachers that are not in conflict with this chapter . If, in 6 accordance with section 279.19 , a beginning teacher appeals the 7 determination of a school board to an adjudicator under section 8 279.17 , the adjudicator selected shall have successfully 9 completed training related to the Iowa teacher standards, the 10 criteria adopted by the state board of education in accordance 11 with subsection 3 , and any additional training required under 12 rules adopted by the public employment relations board in 13 cooperation with the state board of education. 14 Sec. 145. Section 284.6, subsection 1, unnumbered paragraph 15 1, Code Supplement 2011, is amended to read as follows: 16 The department shall coordinate a implement the statewide 17 network of plan for professional development for Iowa teachers 18 practitioners established pursuant to section 256.7, subsection 19 32. A school district shall utilize the area professional 20 development plan approved by the director of the department 21 pursuant to section 256.9, subsection 69, unless the school 22 district is granted a waiver in accordance with section 23 256.9, subsection 69 . A In addition, a school district or 24 professional development provider that offers a career and 25 professional development program programs in accordance 26 with section 256.9, subsection subsections 46 , and 69 shall 27 demonstrate that the program contains programs contain the 28 following: 29 Sec. 146. Section 284.6, Code Supplement 2011, is amended by 30 adding the following new subsection: 31 NEW SUBSECTION . 5A. The director may waive the requirements 32 relating to the development and review of an individual teacher 33 professional development plan for a school district that 34 utilizes a peer review teacher evaluation system in which 35 -97- LSB 5398XL (18) 84 kh/rj 97/ 156
S.F. _____ H.F. _____ consulting teachers, in conjunction with school administrators, 1 make formal evaluations of the school district’s teachers, 2 including but not limited to each teacher’s professional 3 growth and employment status. Notwithstanding section 284.8, 4 subsection 1, if the school district is granted a waiver 5 pursuant to this subsection, the review conducted pursuant to 6 section 284.8, subsection 1, shall include a teacher’s review 7 conducted utilizing the peer review teacher evaluation system. 8 Sec. 147. Section 284.8, Code 2011, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 5. Notwithstanding any provision to 11 the contrary, if a teacher does not successfully complete an 12 intensive assistance program as required under subsection 4, 13 the board of directors of a school district may place the 14 teacher on probationary status in accordance with section 15 279.19 for the school year following the year in which the 16 teacher participated in the intensive assistance program. 17 Sec. 148. TRANSITIONAL PROVISION. The probationary period 18 provisions of section 279.19, Code 2011, shall apply to a 19 teacher employed by a school district prior to July 1, 2012, 20 until the end of the teacher’s continuous employment by that 21 school district or until the teacher successfully completes the 22 probationary period in accordance with section 279.19, Code 23 2011. 24 Sec. 149. REPEAL. Section 279.18, Code 2011, is repealed. 25 DIVISION XV 26 CHARTER SCHOOL CHANGES 27 Sec. 150. Section 256F.1, subsections 1 and 2, Code 2011, 28 are amended by striking the subsections. 29 Sec. 151. Section 256F.1, subsection 3, unnumbered 30 paragraph 1, Code 2011, is amended to read as follows: 31 The purpose of a charter school or an innovation zone school 32 established pursuant to this chapter shall be to accomplish the 33 following: 34 Sec. 152. Section 256F.1, subsection 4, Code 2011, is 35 -98- LSB 5398XL (18) 84 kh/rj 98/ 156
S.F. _____ H.F. _____ amended by striking the subsection and inserting in lieu 1 thereof the following: 2 4. This section shall not be construed to provide a means 3 to keep open a school that the board of directors of a school 4 district closes. However, a school board may endorse or 5 authorize the establishing of a charter school to replace the 6 school the board closes. Applicants seeking a charter under 7 this circumstance shall demonstrate to the state board that 8 the charter sought is substantially different in purpose and 9 program from the school the board closes and that the proposed 10 charter satisfies the requirements of this section. The state 11 board shall not approve an application submitted under section 12 256F.5 if the application does not comply with this subsection. 13 Sec. 153. Section 256F.2, subsections 1 and 6, Code 2011, 14 are amended by striking the subsections and inserting in lieu 15 thereof the following: 16 1. “Applicant means an entity eligible to submit to the 17 state board an application to charter a school in accordance 18 with this chapter. “Applicant” includes any of the following: 19 a. The board of directors of a school district. 20 b. A consortium consisting of the boards of directors of two 21 or more school districts. 22 c. An area education agency board. 23 d. A consortium consisting of the boards of directors of 24 an area education agency and one or more school districts, at 25 least one of which is located within the boundaries of the area 26 education agency. 27 e. The board of directors of a community college. 28 f. A consortium consisting of the boards of directors of a 29 community college and one or more school districts, at least 30 one of which is located within the boundaries of the community 31 college. 32 g. An institution of higher education governed by the state 33 board of regents. 34 h. A consortium consisting of an institution of higher 35 -99- LSB 5398XL (18) 84 kh/rj 99/ 156
S.F. _____ H.F. _____ education governed by the state board of regents and the board 1 of directors of one or more school districts. 2 i. A consortium consisting of one or more accredited private 3 institutions as defined in section 261.9, all of which shall be 4 exempt from taxation under section 501(c)(3) of the Internal 5 Revenue Code, and the board of directors of one or more school 6 districts. 7 j. A consortium consisting of the governing body of a city 8 or county with a population over one hundred thousand and the 9 board of directors of one or more school districts located, at 10 least in part, within the boundaries of the city or county. 11 k. A nonsectarian, nonreligious charitable organization that 12 is exempt from taxation under section 501(c)(3) of the Internal 13 Revenue Code. 14 6. “Operator” means an applicant approved by the state board 15 to charter a school under this chapter. 16 Sec. 154. Section 256F.2, subsection 7, Code 2011, is 17 amended by striking the subsection. 18 Sec. 155. Section 256F.3, Code 2011, is amended by striking 19 the section and inserting in lieu thereof the following: 20 256F.3 Duties of the department. 21 The department shall do the following: 22 1. Develop and implement an orientation program for 23 operators. An operator shall successfully complete the 24 orientation program prior to chartering a school pursuant to 25 this chapter. The program shall include but not be limited 26 to accountability requirements, reporting requirements, and 27 financial management. If the operator does not successfully 28 complete the orientation program in the time specified by the 29 department, the state board shall reevaluate the operator’s 30 application and may deny the application. If the state board 31 denies an application under this subsection, the decision of 32 the state board is final agency action under chapter 17A. 33 2. Develop and implement or approve orientation programs 34 for members of the boards of directors of charter schools, 35 -100- LSB 5398XL (18) 84 kh/rj 100/ 156
S.F. _____ H.F. _____ including but not limited to orientation on the charter school 1 board’s role and responsibilities, employment policies and 2 practices, and financial management. 3 3. Monitor and evaluate the fiscal, operational, and 4 student performance of the charter school annually and provide 5 a written annual performance evaluation to the charter school 6 board and the state board. The department may for this 7 purpose annually collect from a charter school a reasonable 8 fee established by rule by the state board based on the number 9 of students who are enrolled in the charter school. The fee 10 structure shall be stated in the charter school contract. 11 4. Provide, every fifth year in which a charter school is 12 in operation and before the state board considers renewing 13 a charter school’s contract, a formal written review of the 14 annual evaluations conducted pursuant to subsection 3. 15 Sec. 156. Section 256F.4, subsections 1, 5, and 7, Code 16 2011, are amended by striking the subsections. 17 Sec. 157. Section 256F.4, subsections 2, 6, and 8, Code 18 2011, are amended to read as follows: 19 2. Although a charter school or innovation zone school 20 may elect to comply with one or more provisions of statute or 21 administrative rule, a charter school or innovation zone school 22 is exempt from all statutes and administrative rules applicable 23 to a school, a school board, or a school district, except that 24 the charter school or innovation zone school shall meet the 25 requirements of this chapter and shall do all of the following: 26 a. Meet all applicable federal, state, and local health and 27 safety requirements and laws prohibiting discrimination on the 28 basis of race, creed, color, sex, sexual orientation, gender 29 identity, national origin, religion, ancestry, or disability. 30 A charter school or innovation zone school shall be subject to 31 any court-ordered desegregation plan in effect for the school 32 district at the time the charter school or innovation zone 33 school application is approved. 34 b. Operate as a nonsectarian, nonreligious public school. 35 -101- LSB 5398XL (18) 84 kh/rj 101/ 156
S.F. _____ H.F. _____ c. Be free of tuition and application fees to Iowa resident 1 students between the ages of five and twenty-one years. 2 d. Be subject to and comply with chapters 216 and 216A 3 relating to civil and human rights. 4 e. Provide Make special education programs and services 5 available to students requiring special education in accordance 6 with chapter 256B . 7 f. Be subject to the same financial audits, audit 8 procedures, and audit requirements as a school district. The 9 audit shall be consistent with the requirements of sections 10 11.6 , 11.14 , 11.19 , 256.9, subsection 20 , section 256F.8, and 11 section 279.29 , except to the extent deviations are necessary 12 because of the program at the charter school. The department, 13 the auditor of state, or the legislative services agency may 14 conduct financial, program, or compliance audits. 15 g. Be subject eligible to and comply with participate in 16 the student achievement and teacher quality program under 17 chapter 284 relating to the student achievement and teacher 18 quality program . A charter school or innovation zone school 19 that complies with chapter 284 shall receive state moneys or 20 be eligible to receive state moneys calculated as provided in 21 section 257.10, subsections 9 and 10 , and section 257.37A as if 22 it did not operate under a charter school or innovation zone 23 school contract . 24 h. Be subject to and comply with chapters chapter 20 and 25 279 relating to contracts with and discharge of teachers and 26 administrators. 27 i. Be subject to and comply with the provisions of chapter 28 285 relating to the transportation of students , except that the 29 provisions of section 285.1, subsections 14, 15, 16, and 17, 30 shall not apply . 31 j. Meetings and records of the advisory council are subject 32 to the provisions of chapters 21 and 22 . 33 j. Comply with sections 279.9, 280.17A, 280.17B, 280.21B, 34 280.24, and 280.28, and may suspend or expel a student only 35 -102- LSB 5398XL (18) 84 kh/rj 102/ 156
S.F. _____ H.F. _____ as provided in section 282.4. A decision made as provided in 1 section 282.4 is subject to appeal under section 290.1. 2 k. Comply with all statutes and administrative rules 3 relating to student records, including but not limited to 4 section 22.7, subsection 1, and sections 256H.1, 280.19A, 5 280.25, and 280.29, and shall submit data to the department 6 for purposes of the department’s comprehensive management 7 information system. 8 l. Comply with the requirements of chapter 283A. 9 m. Comply with any statewide accountability requirements in 10 statute or administrative rule governing high school graduation 11 requirements, the core curriculum, core content standards, 12 and assessments. The charter school shall issue high school 13 diplomas to students who successfully meet the graduation 14 requirements of the charter school. 15 6. Notwithstanding subsection 2 , a charter school or 16 innovation zone school shall meet the requirements of section 17 256.7, subsection 21 . 18 8. A charter school or innovation zone consortium may shall 19 enter into contracts in accordance with chapter 26 . 20 Sec. 158. Section 256F.4, Code 2011, is amended by adding 21 the following new subsection: 22 NEW SUBSECTION . 2A. A charter school shall not be used as 23 a method of providing education to or generating revenue for 24 students who are receiving competent private instruction in 25 accordance with chapter 299A. 26 Sec. 159. Section 256F.4, subsections 3 and 4, Code 2011, 27 are amended by striking the subsections and inserting in lieu 28 thereof the following: 29 3. The primary focus of a charter school shall be to provide 30 a comprehensive program of instruction for at least one grade 31 or age group from five through twenty-one years of age. 32 4. A charter school is a municipality for the purposes of 33 tort liability under chapter 670. 34 Sec. 160. Section 256F.5, Code Supplement 2011, is amended 35 -103- LSB 5398XL (18) 84 kh/rj 103/ 156
S.F. _____ H.F. _____ by striking the section and inserting in lieu thereof the 1 following: 2 256F.5 Application. 3 1. An application to operate a charter school pursuant to 4 this chapter shall include but not be limited to the following: 5 a. A business plan that documents the proposed charter 6 school’s mission statement; school purposes; program design; 7 description of a graduation plan, where applicable; financial 8 plan; governance and management structure; and background 9 and experience of the applicants and the initial board and 10 instructional staff, plus any other information the state board 11 requests. An applicant shall file a separate application for 12 each school the applicant intends to charter. 13 b. A statement of assurances of legal compliance prescribed 14 by the state board. 15 c. The applicant’s ability to implement the procedures 16 and satisfy the criteria for chartering a school under this 17 chapter. 18 d. The measures that will be implemented to provide for 19 oversight of the charter school’s academic, financial, and 20 operational performance, and to ensure compliance with the 21 terms of any written contract entered into by the charter 22 school board of directors and the state board. 23 e. A statement of support or nonsupport from the board of 24 directors of the school district, in which the charter school 25 would be located. The statement shall be submitted to the 26 applicant in a timely manner by the school district board. 27 f. A statement demonstrating community support and student 28 need. 29 g. A statement of admission policies and procedures. 30 h. The types and amounts of insurance liability coverage to 31 be obtained by the charter school. 32 i. How special instruction, programs, and services for 33 children requiring special education and English language 34 learners under chapter 256B and section 280.4 will be made 35 -104- LSB 5398XL (18) 84 kh/rj 104/ 156
S.F. _____ H.F. _____ available and a description of the financial parameters within 1 which the special instruction, programs, and services will be 2 made available. 3 2. If the applicant includes a school district pursuant 4 to section 256F.2, subsection 1, paragraph “a” , “b” , “d” , “f” , 5 “h” , “i” , or “j” , that will, under the plan submitted, convert 6 an existing attendance center operated by the school district 7 into a charter school in accordance with this chapter, the 8 application shall demonstrate the support of at least fifty 9 percent of the teachers employed at the school on the date 10 of the submission of the application and fifty percent of 11 the parents or guardians voting whose children are enrolled 12 at the school, provided that a majority of the parents or 13 guardians eligible to vote participate in the ballot process, 14 according to procedures established by rules of the state 15 board. Conversion of an existing school to a charter school if 16 approved pursuant to this chapter shall occur at the beginning 17 of an academic year. 18 3. a. The state board shall approve or disapprove an 19 application within ninety business days of receipt of the 20 application. 21 b. If the state board disapproves the application, the state 22 board shall notify the applicant of the specific deficiencies 23 in writing and the applicant shall have twenty business days to 24 address the deficiencies to the state board’s satisfaction. 25 (1) If the applicant addresses the deficiencies within the 26 time specified, the state board shall at its next regularly 27 scheduled meeting make a final decision to approve or 28 disapprove the application. 29 (2) If the applicant fails to address the deficiencies in 30 the time specified, the state board shall notify the applicant 31 that the application is denied and the decision of the state 32 board is final agency action under chapter 17A. 33 c. An applicant whose application is denied pursuant to the 34 process specified in this subsection shall not submit another 35 -105- LSB 5398XL (18) 84 kh/rj 105/ 156
S.F. _____ H.F. _____ application until the expiration of at least one calendar year 1 after notification of the denial of application. 2 4. The state board shall establish criteria for application 3 approval that at a minimum consider the following: 4 a. A comprehensive review of the application. 5 b. The available capacity and infrastructure identified in 6 the plan. 7 c. Contracting process specified in the plan. 8 d. Ongoing oversight and evaluation processes relating to 9 administration and staffing. 10 e. Charter school contract and contract renewal criteria and 11 processes. 12 5. Approval of an application and renewal of a charter by 13 the state board shall not be conditioned upon the bargaining 14 unit status of the employees of the school. 15 Sec. 161. Section 256F.6, Code 2011, is amended by striking 16 the section and inserting in lieu thereof the following: 17 256F.6 Formation of school —— board. 18 1. An operator who successfully completes the orientation 19 program required pursuant to section 256F.3, subsection 20 1, before entering into a contract or other agreement for 21 professional or other services, goods, or facilities, shall 22 incorporate as a nonprofit corporation under chapter 504 and 23 shall establish an initial board of directors composed of at 24 least five voting members, who are not related parties, until a 25 timely election for members of the ongoing charter school board 26 of directors is held according to the school’s articles and 27 bylaws. 28 2. Members of the charter school board of directors 29 established under the school’s articles and bylaws shall 30 be elected before the school completes its third year of 31 operation. The articles and bylaws shall require that the 32 board be composed of not less than five voting members. The 33 articles and bylaws shall include clear policies regarding 34 conflicts of interest, standards of responsibility, and 35 -106- LSB 5398XL (18) 84 kh/rj 106/ 156
S.F. _____ H.F. _____ obedience to law, fairness, and honesty. 1 3. Staff members employed at the school and all parents 2 or guardians of children enrolled in the school are the 3 voters eligible to elect the members of the school’s board of 4 directors. 5 4. A charter school shall notify eligible voters of the 6 school board election dates at least thirty days before the 7 election. Board elections shall be held during the school year 8 but may not be conducted on days when the school is closed for 9 holidays or vacations. 10 5. a. Any charter school board of directors shall be 11 composed of the following: 12 (1) Notwithstanding section 279.7A, at least one licensed 13 teacher employed at the school. 14 (2) At least one parent or legal guardian of a student 15 enrolled in the charter school who is not an employee of the 16 charter school. 17 (3) At least one interested community member who is not 18 employed by the charter school and does not have a child 19 enrolled in the school. 20 b. The majority of members on the board may be teachers, 21 notwithstanding section 279.7A. 22 c. The chief financial officer and the chief administrator 23 of the charter school, if elected, shall only serve as ex 24 officio, nonvoting board members. 25 d. Charter school employees shall not serve on the board 26 except as provided in this subsection. 27 e. Except as provided in section 279.7A, contractors 28 providing facilities, goods, or services to a charter school 29 shall not serve on the board. 30 f. Board articles and bylaws shall outline the process 31 and procedures for changing the board’s governance model, 32 consistent with chapter 504. 33 6. A charter school board may change the governance model 34 set forth in the application or in the articles and bylaws 35 -107- LSB 5398XL (18) 84 kh/rj 107/ 156
S.F. _____ H.F. _____ of the charter school only if the change conforms with this 1 section and a majority of the board approves the change; the 2 licensed teachers employed by the school approve the change; 3 and the state board approves the change. 4 7. a. The state board may permit a charter school board 5 to expand the operation of the charter school to additional 6 sites or to add grades at the school beyond those described 7 in the operator’s approved application only after submitting 8 a supplemental affidavit for approval to the state board 9 in a form and manner prescribed by the state board. The 10 supplemental affidavit shall include the following: 11 (1) A proposed expansion plan that demonstrates need and 12 projected enrollment. 13 (2) Documentation that the expansion is warranted, at a 14 minimum, by longitudinal data demonstrating students’ improved 15 academic performance and growth on student assessments. 16 (3) Documentation that the charter school is financially 17 sound and the financing the charter school needs to implement 18 the proposed expansion exists. 19 (4) Documentation that the charter school has the 20 governance structure and management capacity to carry out the 21 expansion. 22 b. The state board shall have sixty business days to review 23 and comment on the supplemental affidavit. The state board 24 shall notify the charter school board of any deficiencies in 25 the supplemental affidavit and the charter school board shall 26 have twenty business days to address, to the state board’s 27 satisfaction, any deficiencies in the supplemental affidavit. 28 The school shall not expand to additional sites or add grades 29 until the state board approves the supplemental affidavit. 30 The state board’s approval or disapproval of a supplemental 31 affidavit is final agency action. 32 8. The charter school board of directors is a government or 33 governmental body for purposes of chapters 21 and 22. 34 9. Except as provided in subsection 5, members of the board 35 -108- LSB 5398XL (18) 84 kh/rj 108/ 156
S.F. _____ H.F. _____ are subject to section 279.7A. 1 Sec. 162. Section 256F.8, Code 2011, is amended by striking 2 the section and inserting in lieu thereof the following: 3 256F.8 Audit report. 4 1. The charter school shall annually submit an audit report 5 to the state board by December 31. 6 2. The charter school, with the assistance of the auditor 7 conducting the audit, shall include with the report a copy 8 of all charter school agreements for corporate management 9 services. If the entity that provides the professional 10 services to the charter school is exempt from taxation under 11 section 501 of the Internal Revenue Code of 1986, that entity 12 must file with the state board by February 15 a copy of the 13 annual return required under section 6033 of the Internal 14 Revenue Code of 1986. 15 3. If the audit report finds that a material weakness 16 exists in the financial reporting systems of a charter school, 17 the charter school shall submit a written report to the state 18 board at its first annual meeting explaining how the material 19 weakness will be resolved. An auditor conducting the audit 20 of the charter school, as a condition of providing financial 21 services to a charter school, shall agree to make available 22 information about a charter school’s financial audit to the 23 state board upon request. 24 Sec. 163. Section 256F.9, Code 2011, is amended by striking 25 the section and inserting in lieu thereof the following: 26 256F.9 Admission requirements. 27 1. A charter school may limit admission to the following: 28 a. Students within an age group or grade level. 29 b. Students who are either at risk of dropping out or have 30 dropped out of school. 31 c. Residents of a specific geographic area in which the 32 school is located when the majority of students served by the 33 school are eligible for free and reduced price meals under 34 the federal National School Lunch Act and the federal Child 35 -109- LSB 5398XL (18) 84 kh/rj 109/ 156
S.F. _____ H.F. _____ Nutrition Act of 1966, 42 U.S.C. § 1751-1785. 1 2. A charter school shall enroll an eligible student who 2 submits a timely application, unless the number of applications 3 exceeds the capacity of a program, class, grade level, or 4 building. In such case, students shall be accepted by lot. 5 The charter school shall develop and publish a lottery policy 6 and process for use when accepting students by lot. 7 3. A charter school shall give enrollment preference to 8 a sibling of an enrolled student and to a foster child of 9 that student’s parents and may give preference for enrolling 10 children of the school’s staff before accepting other students 11 by lot. 12 4. A charter school shall not limit admission to students 13 on the basis of intellectual ability, measures of achievement 14 or aptitude, or athletic ability and shall not establish any 15 criteria or requirements for admission that are inconsistent 16 with this section. 17 5. The charter school shall not distribute any services 18 or goods of value to students, parents, or guardians as an 19 inducement, term, or condition of enrolling a student in a 20 charter school. 21 Sec. 164. Section 256F.10, Code 2011, is amended by striking 22 the section and inserting in lieu thereof the following: 23 256F.10 Employment and other operating matters. 24 A charter school shall employ or contract with necessary 25 teachers and administrators, as defined by chapter 256, who 26 hold valid licenses and endorsements to perform the particular 27 service for which they are employed in the school. The school 28 may employ necessary employees who are not required to hold 29 teaching licenses to perform duties other than teaching and may 30 contract for other services. 31 Sec. 165. NEW SECTION . 256F.11 Leased space. 32 If space to be leased is constructed as a school facility, 33 a charter school may lease such space from a school district 34 or other public organization; private, nonprofit nonsectarian 35 -110- LSB 5398XL (18) 84 kh/rj 110/ 156
S.F. _____ H.F. _____ organization; private property owner; or a sectarian 1 organization. 2 Sec. 166. NEW SECTION . 256F.12 Affiliated nonprofit 3 building corporation. 4 1. A charter school may organize an affiliated nonprofit 5 building corporation to renovate or purchase an existing 6 facility to serve as a school or to construct a new school 7 facility as provided in subsection 4 or 5. 8 2. An affiliated nonprofit building corporation shall meet 9 all of the following conditions: 10 a. Be incorporated under chapter 504 and comply with 11 applicable internal revenue service regulations. 12 b. Submit annually to the state board a list of current 13 board members and a copy of the corporation’s annual audit. 14 3. An affiliated nonprofit building corporation shall not 15 serve as the leasing agent for property or facilities it does 16 not own. The state is immune from liability resulting from a 17 contract between a charter school and an affiliated nonprofit 18 building corporation. 19 4. A charter school may organize an affiliated nonprofit 20 building corporation to renovate or purchase an existing 21 facility to serve as a school if the charter school meets the 22 following criteria: 23 a. Has been operating for at least five consecutive school 24 years. 25 b. Has had a net positive unreserved general fund balance as 26 of June 30 in the preceding five fiscal years. 27 c. Has a long-range strategic and financial plan. 28 d. Completes a feasibility study of available buildings. 29 e. Documents enrollment projections and the need to use 30 an affiliated nonprofit building corporation to renovate or 31 purchase an existing facility to serve as a school. 32 5. A charter school may organize an affiliated nonprofit 33 building corporation to construct a new school facility if the 34 charter school meets the following conditions: 35 -111- LSB 5398XL (18) 84 kh/rj 111/ 156
S.F. _____ H.F. _____ a. Lacks facilities available to serve as a school. 1 b. Has been operating for at least eight consecutive school 2 years. 3 c. Has had a net positive unreserved general fund balance as 4 of June 30 in the preceding eight fiscal years. 5 d. Completes a feasibility study of facility options. 6 e. Has a long-range strategic and financial plan that 7 includes enrollment projections and demonstrates the need for 8 constructing a new school facility. 9 Sec. 167. NEW SECTION . 256F.13 Collective bargaining. 10 Employees of the board of directors of a charter school may, 11 if otherwise eligible, organize under chapter 20 and comply 12 with its provisions. The board of directors of a charter 13 school is a public employer, for the purposes of chapter 20, 14 upon formation of one or more bargaining units at the school. 15 Bargaining units at the school shall be separate from any other 16 units within the school district in which the charter school 17 is located, except that bargaining units may remain part of 18 the appropriate bargaining unit of the school district within 19 which the charter school is located if the employees of the 20 charter school, the board of directors of the charter school, 21 the exclusive representative of the appropriate bargaining unit 22 in the school district, and the board of the school district 23 agree to include the employees in the appropriate bargaining 24 unit of the school district. 25 Sec. 168. NEW SECTION . 256F.14 Teacher retirement. 26 Teachers in a charter school are public school teachers for 27 the purposes of chapter 97B. 28 Sec. 169. NEW SECTION . 256F.15 Causes for nonrenewal or 29 termination of charter school contract. 30 1. The state board may decline to renew a contract entered 31 into with the board of directors of a charter school at the end 32 of the contract term for any ground listed in subsection 3. 33 The state board may unilaterally terminate a contract during 34 the term of the contract for any ground listed in subsection 3. 35 -112- LSB 5398XL (18) 84 kh/rj 112/ 156
S.F. _____ H.F. _____ 2. At least sixty business days before not renewing or 1 terminating a contract, the state board shall notify the board 2 of directors of the charter school of the proposed action in 3 writing. The notice shall state the grounds for the proposed 4 action in reasonable detail and that the charter school’s 5 board of directors may request in writing a hearing before the 6 state board within fifteen business days of receiving notice 7 of nonrenewal or termination of the contract. Failure by the 8 board of directors to make a written request for a hearing 9 within the time specified shall be treated as acquiescence to 10 the proposed action. Upon receiving a timely written request 11 for a hearing, the state board shall give ten business days’ 12 notice to the charter school’s board of directors of the 13 hearing date. The state board shall conduct the hearing before 14 taking final action. The state board shall take final action 15 to renew or not renew a contract no later than twenty business 16 days before the proposed date for terminating the contract or 17 the end date of the contract. 18 3. A charter school contract entered into with the state 19 board may be terminated or not renewed by the state board upon 20 any of the following grounds: 21 a. Failure to meet the requirements for student performance 22 contained in the contract. 23 b. Failure to meet generally accepted standards of fiscal 24 management. 25 c. Violations of law. 26 d. Other good cause shown, including but not limited to 27 the existence of one or more other grounds for revocation as 28 specified in the contract. 29 4. If a contract is terminated or not renewed on grounds 30 specified in subsection 3, the school shall be dissolved 31 according to rules adopted by the state board, and the assets 32 of the charter school shall be disposed of according to the 33 applicable provisions of chapter 504. 34 5. The state board, after providing reasonable notice to the 35 -113- LSB 5398XL (18) 84 kh/rj 113/ 156
S.F. _____ H.F. _____ board of directors of a charter school, and after providing an 1 opportunity for a public hearing, may terminate the existing 2 contract with the charter school board if the charter school 3 has a history of the following: 4 a. Failure to meet student performance requirements 5 consistent with state law. 6 b. Financial mismanagement or gross failure to meet 7 generally accepted standards of fiscal management. 8 c. Violations of the law. 9 Sec. 170. NEW SECTION . 256F.16 Student enrollment upon 10 nonrenewal or termination of charter school contract. 11 If a contract is not renewed or is terminated according to 12 section 256F.15, a student who attended the charter school 13 may enroll in the district of residence or may submit an 14 application to a nonresident district according to section 15 282.18 at any time, and shall be determined to have shown “good 16 cause” for purposes of section 282.18. Applications and notices 17 required by section 282.18 shall be processed and provided 18 in a prompt manner. The application and notice deadlines in 19 section 282.18 do not apply under these circumstances. The 20 charter school shall transfer the student’s educational records 21 within ten business days of the charter school’s closure to the 22 student’s school district of enrollment. 23 Sec. 171. NEW SECTION . 256F.17 Extent of specific legal 24 authority. 25 1. A charter school board may sue and be sued. 26 2. A charter school board shall not levy taxes or issue 27 bonds. 28 3. A charter school is a municipality for purposes of 29 chapter 670. 30 Sec. 172. NEW SECTION . 256F.18 Funding. 31 A student enrolled in a charter school shall be counted, 32 for state school foundation aid purposes, in the student’s 33 district of residence. A student’s residence, for purposes 34 of this section, means a residence under section 282.1. The 35 -114- LSB 5398XL (18) 84 kh/rj 114/ 156
S.F. _____ H.F. _____ board of directors of the district of residence shall pay to 1 the charter school the district cost per pupil, the teacher 2 salary supplement district cost per pupil, the professional 3 development supplement district cost per pupil, and the early 4 intervention supplement district cost per pupil under section 5 257.10, plus any moneys received for the student as a result 6 of the non-English speaking weighting under section 280.4, 7 subsection 3, for the previous school year multiplied by the 8 district cost per pupil for the previous year. In addition, 9 the board of directors of the district of residence shall pay 10 to the charter school any other per pupil moneys requested 11 under the charter school application approved by the state 12 board. 13 Sec. 173. NEW SECTION . 256F.19 Prior charter schools and 14 innovation zones. 15 1. A charter school or innovation zone school established 16 prior to July 1, 2012, shall continue to be governed by chapter 17 256F, Code 2011 and Code Supplement 2011, until the term of the 18 contract entered into pursuant to section 256F.8, Code 2011, 19 ends. 20 2. This section is repealed July 1, 2018. 21 Sec. 174. Section 282.18, subsection 4, paragraph b, Code 22 2011, is amended to read as follows: 23 b. For purposes of this section , “good cause” means a change 24 in a child’s residence due to a change in family residence, a 25 change in the state in which the family residence is located, 26 a change in a child’s parents’ marital status, a guardianship 27 or custody proceeding, placement in foster care, adoption, 28 participation in a foreign exchange program, or participation 29 in a substance abuse or mental health treatment program, a 30 change in the status of a child’s resident district such as 31 removal of accreditation by the state board, surrender of 32 accreditation, or permanent closure of a nonpublic school, 33 revocation nonrenewal or termination of a charter school 34 contract as provided in section 256F.8 256F.15 , the failure 35 -115- LSB 5398XL (18) 84 kh/rj 115/ 156
S.F. _____ H.F. _____ of negotiations for a whole grade sharing, reorganization, 1 dissolution agreement or the rejection of a current whole grade 2 sharing agreement, or reorganization plan. If the good cause 3 relates to a change in status of a child’s school district of 4 residence, however, action by a parent or guardian must be 5 taken to file the notification within forty-five days of the 6 last board action or within thirty days of the certification of 7 the election, whichever is applicable to the circumstances. 8 Sec. 175. Section 670.1, subsection 2, Code 2011, is amended 9 to read as follows: 10 2. “Municipality” means city, county, township, school 11 district, charter school, and any other unit of local 12 government except soil and water conservation districts as 13 defined in section 161A.3, subsection 6 . 14 Sec. 176. REPEAL. Section 256F.7, Code 2011, is repealed. 15 DIVISION XVI 16 THIRD GRADE LITERACY 17 Sec. 177. Section 256.7, Code Supplement 2011, is amended by 18 adding the following new subsection: 19 NEW SUBSECTION . 31. By July 1, 2013, adopt by rule 20 guidelines for school district implementation of section 21 279.68, including but not limited to basic levels of reading 22 proficiency on approved assessments and identification of tools 23 that school districts may use in evaluating and reevaluating 24 any student who may be or who is determined to be deficient in 25 reading, including but not limited to initial assessments and 26 subsequent assessments, alternative assessments, and portfolio 27 reviews. The state board shall adopt standards that provide 28 a reasonable expectation that a student’s progress toward 29 reading proficiency under section 279.68 is sufficient to 30 master appropriate grade four level reading skills prior to the 31 student’s promotion to grade four. 32 Sec. 178. Section 256.9, subsection 53, paragraph a, Code 33 Supplement 2011, is amended to read as follows: 34 a. Develop and distribute, or approve, in collaboration 35 -116- LSB 5398XL (18) 84 kh/rj 116/ 156
S.F. _____ H.F. _____ with the area education agencies, core curriculum technical 1 assistance and implementation strategies that school districts 2 and accredited nonpublic schools shall utilize, including but 3 not limited to the development and delivery of formative and 4 end-of-course model assessments classroom teachers may use 5 to measure student progress on the core curriculum adopted 6 pursuant to section 256.7, subsection 26 . The department 7 shall, in collaboration with the advisory group convened in 8 accordance with paragraph “b” and educational assessment 9 providers, identify and make available to school districts 10 end-of-course and additional model end-of-course and additional 11 assessments to align with the expectations included in the Iowa 12 core curriculum. The model assessments shall be suitable to 13 meet the multiple assessment measures requirement specified in 14 section 256.7, subsection 21 , paragraph “c” . 15 Sec. 179. Section 256.9, subsection 53, Code Supplement 16 2011, is amended by adding the following new paragraphs: 17 NEW PARAGRAPH . c. Identify the scoring levels on approved 18 grade three reading assessments that require the retention of a 19 student pursuant to section 279.68, and develop or identify and 20 approve alternative performance measures for students who are 21 not proficient in reading in accordance with section 279.68, 22 subsection 2. Alternative performance measures approved 23 pursuant to this paragraph shall include but not be limited to 24 a demonstration of reading mastery evidenced by portfolios of 25 student work. 26 NEW PARAGRAPH . d. Establish, subject to an appropriation 27 of sufficient funds by the general assembly, an Iowa reading 28 research center to apply current research on literacy to 29 provide for the development and dissemination of all of the 30 following: 31 (1) Promising instructional strategies in reading. 32 (2) Reading assessments. 33 (3) Professional development strategies and materials 34 aligned with current and emerging best practices for the 35 -117- LSB 5398XL (18) 84 kh/rj 117/ 156
S.F. _____ H.F. _____ teaching of reading. 1 Sec. 180. Section 256D.2A, Code 2011, is amended to read as 2 follows: 3 256D.2A Program funding. 4 For the budget year beginning July 1, 2009, and each 5 succeeding budget year, a school district shall expend funds 6 received pursuant to section 257.10, subsection 11 , at the 7 kindergarten through grade three levels to reduce class sizes 8 to the state goal of seventeen students for every one teacher 9 and to achieve a higher level of student success in the 10 basic skills, especially reading ; and to establish a reading 11 enhancement and acceleration development initiative pursuant 12 to section 279.68, subsection 3, paragraph “f” . In order to 13 support these efforts, school districts shall expend funds 14 received pursuant to section 257.10, subsection 11, as provided 15 in section 279.68, subsection 3, paragraph “f” , and may expend 16 funds received pursuant to section 257.10, subsection 11 , 17 at the kindergarten through grade three level on programs, 18 instructional support, and materials that include but are not 19 limited to the following: additional licensed instructional 20 staff; additional support for students, such as before and 21 after school programs, tutoring, and intensive summer programs; 22 the acquisition and administration of diagnostic reading 23 assessments; the implementation of research-based instructional 24 intervention programs for students needing additional support; 25 the implementation of all-day, everyday kindergarten programs; 26 and the provision of classroom teachers with intensive training 27 programs to improve reading instruction and professional 28 development in best practices including but not limited to 29 training programs related to instruction to increase students’ 30 phonemic awareness, reading abilities, and comprehension 31 skills. 32 Sec. 181. NEW SECTION . 279.68 Student progression and 33 retention —— remedial instruction —— reporting requirements. 34 1. Reading deficiency and parental notification. 35 -118- LSB 5398XL (18) 84 kh/rj 118/ 156
S.F. _____ H.F. _____ a. A school district shall provide intensive reading 1 instruction to any student who exhibits a substantial 2 deficiency in reading, based upon locally determined or 3 statewide assessments conducted in kindergarten or grade one, 4 grade two, or grade three, or through teacher observations, 5 immediately following the identification of the reading 6 deficiency. The student’s reading proficiency shall be 7 reassessed by locally determined and statewide assessments. 8 The student shall continue to be provided with intensive 9 reading instruction until the reading deficiency is remedied. 10 b. The parent or guardian of any student in kindergarten 11 through grade three who exhibits a substantial deficiency in 12 reading, as described in paragraph “a” , shall be notified at 13 least annually in writing of the following: 14 (1) That the child has been identified as having a 15 substantial deficiency in reading. 16 (2) A description of the services currently provided to the 17 child. 18 (3) A description of the proposed supplemental 19 instructional services and supports that the school district 20 will provide to the child that are designed to remediate the 21 identified area of reading deficiency. 22 (4) That if the child’s reading deficiency is not remediated 23 by the end of grade three, the child shall be retained unless 24 the child is exempt from mandatory retention for good cause 25 pursuant to subsection 2, paragraph “b” . If the child is 26 ineligible for a good cause exemption, the notification shall 27 state why the child is ineligible. 28 (5) Strategies for parents and guardians to use in helping 29 the child succeed in reading proficiency, including but not 30 limited to the promotion of parent-guided home reading. 31 (6) That the assessment used pursuant to section 256.9, 32 subsection 53, is not the sole determiner of promotion and 33 that additional evaluations, portfolio reviews, performance 34 measures, and assessments are available to the child to assist 35 -119- LSB 5398XL (18) 84 kh/rj 119/ 156
S.F. _____ H.F. _____ parents and the school district in knowing when a child is 1 reading at or above grade level and ready for grade promotion. 2 (7) The district’s specific criteria and policies for 3 midyear promotion. For purposes of this section, “midyear 4 promotion” means promotion to the next grade level of a retained 5 student at any time during the year of retention once the 6 student has demonstrated the ability to read at grade level. 7 c. If the student’s reading deficiency, as identified in 8 paragraph “a” , is not remedied by the end of grade three, 9 as demonstrated by scoring on an assessment approved by the 10 department pursuant to section 256.9, subsection 53, the 11 student shall be retained in grade three. 12 2. Good cause exemption. 13 a. The school district shall only exempt students from 14 mandatory retention, as provided in subsection 1, paragraph 15 “c” , for good cause. Good cause exemptions shall be limited to 16 the following: 17 (1) Limited English proficient students who have had 18 less than two years of instruction in an English as a second 19 language program. 20 (2) Students requiring special education whose 21 individualized education program indicates that participation 22 in the assessment approved pursuant to section 256.9, 23 subsection 53, is not appropriate, consistent with the 24 requirements of rules adopted by the state board of education 25 for the administration of chapter 256B. 26 (3) Students who demonstrate an acceptable level of 27 performance on an alternative performance measure approved by 28 the director of the department of education pursuant to section 29 256.9, subsection 53. 30 (4) Students who demonstrate mastery through a student 31 portfolio under alternative performance measures approved 32 pursuant to section 256.9, subsection 53. 33 (5) Students who have received intensive remediation 34 in reading for two or more years but still demonstrate a 35 -120- LSB 5398XL (18) 84 kh/rj 120/ 156
S.F. _____ H.F. _____ deficiency in reading and who were previously retained in 1 kindergarten, grade one, grade two, or grade three. Intensive 2 reading instruction for students so promoted must include 3 an altered instructional day that includes specialized 4 diagnostic information and specific reading strategies for 5 each student. The school district shall assist attendance 6 centers and teachers to implement reading strategies that 7 research has shown to be successful in improving reading among 8 low-performing readers. 9 b. Requests for good cause exemptions from the mandatory 10 retention requirement for students as described in paragraph 11 “a” , subparagraphs (3) and (4), shall be made consistent with 12 the following: 13 (1) Documentation shall be submitted from the student’s 14 teacher to the school principal that indicates that the 15 promotion of the student is appropriate and is based upon the 16 student’s academic record. Such documentation shall include 17 but not be limited to the individualized education program, if 18 applicable, report card, or student portfolio. 19 (2) The school principal shall review and discuss the 20 recommendation submitted pursuant to subparagraph (1) with 21 the teacher and the school principal shall determine whether 22 the student should be promoted or retained. If the principal 23 determines that the student should be retained, the principal 24 shall notify the student’s teacher and parent or guardian of 25 the decision in writing and the student shall be ineligible for 26 the good cause exemption from mandatory retention. 27 (3) If the school principal determines that the 28 student should be promoted, the school principal shall 29 make such recommendation in writing to the district school 30 superintendent. The district school superintendent shall 31 accept or reject the school principal’s recommendation and 32 shall notify the school principal and the student’s teacher 33 and parent or guardian of the school superintendent’s decision 34 in writing. If the school superintendent determines that the 35 -121- LSB 5398XL (18) 84 kh/rj 121/ 156
S.F. _____ H.F. _____ student should be retained, the student shall be ineligible for 1 the good cause exemption from mandatory retention. The parent 2 or guardian of the student may appeal the superintendent’s 3 decision to the board of directors of the school district. 4 If the superintendent’s decision is affirmed by the school 5 board, the decision is final and is not subject to appeal under 6 section 290.1. 7 c. This section does not preclude the parent or guardian of 8 a student with a reading deficiency from requesting that the 9 student be retained at grade level. 10 3. Successful progression for retained readers. A school 11 district shall do all of the following: 12 a. Conduct a review, within one week following the last 13 instructional day of the school calendar, of student progress 14 for any student retained under subsection 1, paragraph “c” , who 15 did not meet the criteria for one of the good cause exemptions 16 in subsection 2, paragraph “a” . The review shall address 17 additional supports and services, as described in subparagraph 18 (2), needed to remediate the identified areas of reading 19 deficiency. The school district shall require a student 20 portfolio to be completed for each such student. 21 b. Provide students who are retained under subsection 22 1, paragraph “c” , with intensive instructional services 23 and supports, free of charge, to remediate the identified 24 areas of reading deficiency, including a minimum of a daily 25 ninety-minute block of scientific-research-based reading 26 instruction and other strategies prescribed by the school 27 district which may include but are not limited to the 28 following: 29 (1) Small group instruction. 30 (2) Reduced teacher-student ratios. 31 (3) More frequent progress monitoring. 32 (4) Tutoring or mentoring. 33 (5) Transition classes containing students in grades three 34 and four. 35 -122- LSB 5398XL (18) 84 kh/rj 122/ 156
S.F. _____ H.F. _____ (6) Extended school day, week, or year. 1 (7) Summer reading programs. 2 c. At regular intervals, apprise the parent or guardian of 3 academic and other progress being made by the student and give 4 the parent or guardian other useful information. 5 d. Implement a policy for the midyear promotion of any 6 student retained under subsection 1, paragraph “c” , who can 7 demonstrate that the student is a successful and independent 8 reader, reading at or above grade level, and ready to be 9 promoted to grade four. Tools that school districts may use 10 in reevaluating any student retained may include subsequent 11 assessments, alternative assessments, and portfolio reviews, 12 identified by rule pursuant to section 256.7, subsection 31. 13 Students promoted during the school year after November 1 shall 14 demonstrate proficiency pursuant to guidelines adopted by rule 15 pursuant to section 256.7, subsection 31. 16 e. In addition to required reading enhancement and 17 acceleration strategies, provide parents of students who are 18 retained under subsection 1, paragraph “c” , with a plan outlined 19 in a parental contract, including participation in regular 20 parent-guided home reading. 21 f. Establish, using funds received pursuant to section 22 257.10, subsection 11, a reading enhancement and acceleration 23 development initiative designed to prevent the retention of 24 grade three students and to offer intensive accelerated reading 25 instruction to grade three students who fail to meet standards 26 for promotion to grade four and to each kindergarten through 27 grade three student who is assessed as exhibiting a reading 28 deficiency. The initiative shall comply with all of the 29 following criteria: 30 (1) Be provided to all kindergarten through grade three 31 students at risk of retention under this section. The 32 assessment initiative shall measure phonemic awareness, 33 phonics, fluency, vocabulary, and comprehension. 34 (2) Be provided during regular school hours in addition to 35 -123- LSB 5398XL (18) 84 kh/rj 123/ 156
S.F. _____ H.F. _____ the regular reading instruction. 1 (3) Provide a reading curriculum that meets guidelines 2 adopted pursuant to section 256.7, subsection 31, and at a 3 minimum has the following specifications: 4 (a) Assists students assessed as exhibiting a reading 5 deficiency in developing the ability to read at grade level. 6 (b) Provides skill development in phonemic awareness, 7 phonics, fluency, vocabulary, and comprehension. 8 (c) Includes a scientifically based and reliable 9 assessment. 10 (d) Provides initial and ongoing analysis of each student’s 11 reading progress. 12 (e) Is implemented during regular school hours. 13 (f) Provides a curriculum in core academic subjects to 14 assist the student in maintaining or meeting proficiency levels 15 for the appropriate grade in all academic subjects. 16 g. Report to the department of education the specific 17 intensive reading interventions and supports implemented by the 18 school district pursuant to this section. The department shall 19 annually prescribe the components of required or requested 20 reports, including but not limited to a report on the number of 21 students retained under this section. 22 h. Provide a student who has been retained in grade three 23 and who has received intensive instructional services but is 24 still not ready for grade promotion, as determined by the 25 school district, the option of being placed in a transitional 26 instructional setting. Such setting shall specifically be 27 designed to produce learning gains sufficient to meet grade 28 four performance standards while continuing to remediate the 29 areas of reading deficiency. 30 DIVISION XVII 31 STATE MANDATE 32 Sec. 182. STATE MANDATE FUNDING SPECIFIED. In accordance 33 with section 25B.2, subsection 3, the state cost of requiring 34 compliance with any state mandate included in this Act shall 35 -124- LSB 5398XL (18) 84 kh/rj 124/ 156
S.F. _____ H.F. _____ be paid by a school district from state school foundation aid 1 received by the school district under section 257.16. This 2 specification of the payment of the state cost shall be deemed 3 to meet all of the state funding-related requirements of 4 section 25B.2, subsection 3, and no additional state funding 5 shall be necessary for the full implementation of this Act 6 by and enforcement of this Act against all affected school 7 districts. 8 EXPLANATION 9 This bill relates to programs and activities under 10 the purview of the department of education, the board of 11 educational examiners, school districts, and accredited 12 nonpublic schools. 13 DIVISION I —— COMPETENCY-BASED INSTRUCTION. 2011 Iowa Acts, 14 chapter 71 (SF 453), directs the state board of education to 15 adopt rules requiring public and accredited nonpublic high 16 schools to consider any student who satisfactorily completes a 17 high school-level unit to have satisfactorily completed a unit 18 of the high school graduation requirements for that subject 19 matter area and to issue high school credit for the unit to 20 the student. This requirement is limited to the subjects of 21 English or language arts, mathematics, science, or social 22 studies. The bill removes that limitation. 23 The bill permits a school district or accredited nonpublic 24 school to allow high school credit to be awarded to a student 25 upon the demonstration of required competencies for a course or 26 content area, as approved by an appropriately licensed teacher. 27 The bill specifies that the school district or accredited 28 nonpublic school determines the assessment methods by which 29 the student demonstrates sufficient evidence of the required 30 competencies. 31 The bill defines “unit” for the purposes of course 32 requirements for students in public and nonpublic schools in 33 grades 9 through 12. To qualify as a unit, a course must be 34 taught for at least 200 minutes per week for 36 weeks or be 35 -125- LSB 5398XL (18) 84 kh/rj 125/ 156
S.F. _____ H.F. _____ taught for the equivalent of 120 hours of instruction. 1 The bill provides that a student will receive credit or 2 partial credit upon successful completion of a course which 3 meets one of the criteria for “unit” as defined in the bill 4 or related components equivalent to a course which meets one 5 of the criteria. Partial credit must be calculated in a 6 manner consistent with the criteria set out in the bill. The 7 bill further provides that a student may receive credit on a 8 performance basis through the administration of an assessment, 9 provided the assessment covers the competencies ordinarily 10 included in the regular course. 11 DIVISION II —— CORE CURRICULUM. The bill establishes 12 the core curriculum advisory council under the department of 13 education. Upon request by the director of the department of 14 education, the council is to make nonbinding recommendations 15 to the director regarding necessary changes to the core 16 curriculum. The council is directed to seek to further the 17 goals of the core curriculum and any objectives established by 18 the director in making recommendations. The council consists 19 of no less than seven members appointed by and serving at the 20 pleasure of the director. The council must be balanced by 21 gender and political party. The council is to meet at least 22 quarterly and at the call of the chair of the council. Members 23 of the council serve without compensation but may be reimbursed 24 for their actual expenses incurred in the performance of their 25 duties. 26 The bill adds the subjects of music and other fine arts, 27 applied arts, foreign languages, physical education, character 28 education, and entrepreneurship education to the skills and 29 knowledge the core curriculum for kindergarten through grade 12 30 must address. 31 The director must create and disseminate to school 32 districts, charter schools, and accredited nonpublic schools a 33 model curriculum that is directly tied to the goals, outcomes, 34 and assessment strategies identified in the core content 35 -126- LSB 5398XL (18) 84 kh/rj 126/ 156
S.F. _____ H.F. _____ standards. The model curriculum shall provide guidance to 1 school districts and schools and expand on the core content 2 standards. The model curriculum shall be modified as necessary 3 to incorporate the core curriculum framework. 4 DIVISION III —— PARENT ADVOCACY NETWORK. The bill requires 5 the director of the department of education to establish a 6 statewide parent advocacy network to create an integrated, 7 accessible set of community-wide resources to support learning 8 and development by July 1, 2013. The bill provides that the 9 statewide parent advocacy network shall include at least one 10 parent representative from each school district in the state. 11 The bill requires the director to coordinate with the board 12 of directors of each public school district to facilitate the 13 establishment and maintenance of the statewide parent advocacy 14 network. The bill directs the board of directors of each 15 public school district to assist the director in identifying at 16 least one representative from each school district in the state 17 to serve on the statewide parent advocacy network. 18 DIVISION IV —— TEACHER AND ADMINISTRATOR PERFORMANCE. The 19 bill directs the state board to adopt new Iowa teaching and 20 administration standards by January 1, 2013, and to implement 21 statewide teacher and administrator evaluation system pilot 22 programs during the 2013-2014 school year; provides for 23 the appointment of a teacher performance, compensation, and 24 career development task force to develop recommendations for 25 a new teacher compensation system; directs the director of 26 the department of education to develop a statewide teacher 27 evaluation system and a statewide administrator evaluation 28 system that school districts, charter schools, and accredited 29 nonpublic schools shall use to standardize the instruments 30 and processes used to evaluate teachers and administrators 31 throughout the state; provides for the creation of a task force 32 to conduct a study regarding a statewide teacher evaluation 33 system and a statewide administrator evaluation system; and 34 requires that public school teachers and administrators be 35 -127- LSB 5398XL (18) 84 kh/rj 127/ 156
S.F. _____ H.F. _____ evaluated annually rather than every three years, and that the 1 evaluation of a teacher be conducted by at least one person who 2 holds a valid certification issued for successfully completing 3 an evaluator training program. 4 The bill sets out the minimum components of the statewide 5 teacher evaluation system, including direct observation of 6 classroom teaching behaviors, strong consideration of student 7 outcome measures, integration of the Iowa teaching standards, 8 and system applicability to teachers in all content areas 9 taught by a school. The bill allows school districts to 10 implement an alternative teacher or administrator evaluation 11 system if the department approves the alternative system. 12 The director is tasked with appointing members to, and 13 providing staffing for, the teacher performance, compensation, 14 and career development task force, including members 15 representing teachers, parents, school administrators, and 16 business and community leaders. The task force is directed to 17 address the duties and responsibilities of apprentice, career, 18 mentor, and master teachers; utilizing retired teachers as 19 mentors; uses and realignment of finite resources; mechanisms 20 to substantially increase the average salary of teachers who 21 assume leadership roles; and standardizing implementation of 22 task force recommendations in all of Iowa’s school districts 23 and public charter schools. The task force must submit its 24 findings and recommendations in a report to the state board of 25 education, the governor, and the general assembly by October 26 15, 2012. 27 The statewide educator evaluation system task force 28 must submit its findings, recommendations, and a proposal 29 for a statewide teacher evaluation system and a statewide 30 administrator evaluation system to the state board of 31 education by October 15, 2012. The task force must include 32 a tiered evaluation system differentiating levels of teacher 33 effectiveness in its recommendations and proposal. 34 The provisions providing for appointment of the task forces 35 -128- LSB 5398XL (18) 84 kh/rj 128/ 156
S.F. _____ H.F. _____ take effect upon enactment. 1 The bill repeals the current Iowa teaching standards on 2 July 1, 2013. The bill also repeals a Code provision that 3 established a career ladder pilot program to be administered 4 by the department of education from 2007 through 2009. The 5 final report on the pilot program was submitted to the general 6 assembly in March 2010. 7 The bill makes a technical correction to a reference 8 relating to transfer of the duties of certain licensing 9 responsibilities to the state board of education and department 10 of education under division X of this bill. 11 DIVISION V —— INNOVATION ACCELERATION PROGRAM —— FUND. The 12 bill establishes an innovation acceleration program in the 13 department of education and creates an innovation acceleration 14 fund in the state treasury under the control of the department. 15 The purpose of the innovation acceleration program is to 16 provide competitive grants to applicants with a record of 17 improving student achievement and educational attainment in 18 order to expand the implementation of, and investment in, 19 innovative practices that are demonstrated to have an impact 20 on improving student achievement or student growth, closing 21 achievement gaps, decreasing dropout rates, increasing parental 22 involvement, increasing attendance rates, increasing high 23 school graduation rates, or increasing college enrollment and 24 completion rates. 25 The program shall be designed to enable grantees to expand 26 and develop innovative practices that can serve as models of 27 best practices, work in partnership with the private sector and 28 the philanthropic community, and identify and document best 29 practices that can be shared and expanded based on demonstrated 30 success. 31 The innovation acceleration fund shall be administered 32 by the director of education and shall consist of moneys 33 appropriated by the general assembly and any other moneys 34 available to and obtained or accepted by the department for the 35 -129- LSB 5398XL (18) 84 kh/rj 129/ 156
S.F. _____ H.F. _____ program. 1 DIVISION VI —— ONLINE LEARNING. The bill relates to the 2 development, establishment, and approval of high-quality online 3 learning programs delivered online by school districts, charter 4 schools, and accredited nonpublic schools. 5 The bill eliminates a provision that requires the state 6 board of education to adopt rules prohibiting the use of 7 telecommunications by school districts as the exclusive 8 means to provide any course which is required by the minimum 9 educational standards for accreditation, and replaces it with a 10 provision directing the state board to adopt rules providing 11 for the establishment of an online learning program model. 12 The director of the department is tasked with developing and 13 establishing the model. 14 The director is authorized to waive certain standards for 15 school districts, charter schools, and accredited nonpublic 16 schools that implement an online learning program aligned 17 with the program model. The standards that may be waived 18 include the 180-day school calendar requirement; the minimum 19 number of instructional hours required for a school day; any 20 statutory requirement that students be physically present in 21 a school building and under the guidance and instruction of 22 the instructional professional staff employed by the school 23 district or the school except as established by rule for the 24 online learning program model; and any statutory requirement 25 that a subject being studied by a student enrolled in an 26 approved online learning program be a subject that is offered 27 and taught by the professional staff of the school district or 28 school. 29 The director shall require that a school district or school 30 granted a waiver must implement and incorporate into its 31 comprehensive school improvement plan accountability measures 32 designed to demonstrate that academic credit is awarded 33 based upon successful completion of content or achievement 34 of competencies by students enrolled in the approved online 35 -130- LSB 5398XL (18) 84 kh/rj 130/ 156
S.F. _____ H.F. _____ learning program. 1 The director must also establish criteria for school 2 districts or schools to use when choosing providers of online 3 learning to meet the online learning program requirements 4 specified in rule by the state board. 5 The online learning program model established by the 6 director must provide for online access to high-quality 7 content, instructional materials, and blended learning; 8 education customized to the needs of the student using online 9 content; a means for a student to demonstrate competency in 10 completed coursework; high-quality online instruction taught by 11 appropriately licensed teachers; online content and instruction 12 evaluated on student learning outcomes; use of funds available 13 for program implementation and innovation; infrastructure that 14 supports online learning; and online administration of online 15 course assessments. 16 At the discretion of the school board or authorities in 17 charge of a school, after consideration for circumstances 18 created by necessity, convenience, and cost-effectiveness, 19 courses developed by private providers may be utilized by the 20 school district or school in implementing an online learning 21 curriculum. Courses obtained from private providers shall be 22 taught by licensed Iowa teachers. 23 Grades in online courses shall be based, at a minimum, 24 on whether a student mastered the subject, demonstrated 25 competency, and met the standards established by the school 26 district. 27 All online courses and programs shall meet existing 28 accreditation standards. 29 The bill includes conforming amendments. 30 DIVISION VII —— EDUCATIONAL STANDARDS EXEMPTIONS. The bill 31 permits the director of the department of education to grant 32 school districts exemptions from one or more of the educational 33 standards for all grades, from prekindergarten through grade 34 12, if the school district meets certain requirements specified 35 -131- LSB 5398XL (18) 84 kh/rj 131/ 156
S.F. _____ H.F. _____ for charter schools, including provisions that require a 1 charter school to meet all applicable federal, state, and 2 local health and safety requirements and laws prohibiting 3 discrimination; operate as a nonsectarian, nonreligious 4 public school; be free of tuition and application fees to Iowa 5 resident students between the ages of 5-21 years; be subject 6 to and comply with Code chapters 216 and 216A relating to 7 civil and human rights; provide special education services; be 8 subject to the same financial audits, audit procedures, and 9 audit requirements as a school district; be subject to and 10 comply with provisions relating to the student achievement 11 and teacher quality program; be subject to and comply with 12 state law relating to contracts with and discharge of teachers 13 and administrators; be subject to and comply with state 14 law relating to the transportation of students; comply with 15 state and federal law relating to the suspension or expulsion 16 of a student; comply with all statutes and administrative 17 rules relating to student records; submit data to the 18 department for purposes of the department’s comprehensive 19 management information system; comply with administrative 20 rules relating to courses or programs offered online or use 21 of telecommunications as an instructional tool; and comply 22 with any statewide accountability requirements in statute 23 or administrative rule governing high school graduation 24 requirements, the core curriculum, core content standards, and 25 assessments. 26 Currently, the director may grant school districts and 27 accredited nonpublic schools an exemption from one or more of 28 the educational standards for grades 9 through 12, including 29 but not limited to unit requirements for science, social 30 studies, English-language arts, mathematics, foreign language, 31 vocational service, and health and physical education. 32 The bill requires the director to submit a report by February 33 1, annually, to the state board, the governor, and the general 34 assembly that lists all of the exemptions granted to school 35 -132- LSB 5398XL (18) 84 kh/rj 132/ 156
S.F. _____ H.F. _____ districts and accredited nonpublic schools and the reasons for 1 which each exemption was granted. 2 The bill makes a reference to charter school requirements 3 included in division XV of the bill. 4 DIVISION VIII —— EDUCATOR IDENTIFIER SYSTEM AND EDUCATION 5 PLACEMENT CLEARINGHOUSE. The bill establishes an educator 6 identifier system and an education placement clearinghouse 7 within the department of education, subject to an appropriation 8 of sufficient funds by the general assembly. 9 The bill defines “educator” to mean a teacher or principal. 10 The educator identifier system shall be designed for 11 the purpose of providing information for studying teacher 12 shortage areas and identifying any possible solutions; studying 13 practitioner preparation programs, educator professional 14 development programs, and educator mobility and retention 15 issues; improving teaching and student learning, including the 16 use of data to recognize, reward, and develop the careers of 17 individual educators; collecting data for use in developing a 18 longitudinal data system that may be used with the educator 19 identifier system to match educators to students; allowing 20 the state to gather baseline data about the distribution of 21 highly qualified teachers, including the number and percent of 22 teachers in the highest-poverty and lowest-poverty schools in 23 the state, and to take actions to address any inequities in the 24 distribution of highly qualified teachers throughout the state; 25 and enabling teachers to enhance student instruction through 26 the use of performance and longitudinal growth data. 27 Under the educator identifier system, a person who applies 28 for or who holds an Iowa teacher or administrator license is 29 assigned a unique identifier. 30 The unique identifier shall not use any personal identifying 31 information, such as social security numbers or contact 32 information, except for alignment purposes in data processing. 33 The bill does not restrict the authority of a school 34 district, AEA, or charter school to assign individual educators 35 -133- LSB 5398XL (18) 84 kh/rj 133/ 156
S.F. _____ H.F. _____ to specific grades, levels, programs, or schools; direct 1 the professional development of individual educators; or 2 collaboratively design and develop, with representation from 3 the teachers and principals employed by the school district, 4 AEA, charter school, alternative compensation plans through 5 the procedures adopted by the school district, AEA, or charter 6 school for setting educator compensation. 7 The director, after consultation with practitioner 8 preparation programs, shall establish protocols for releasing 9 system data to graduates’ respective practitioner preparation 10 programs for the purpose of program evaluation. The department 11 may use system data to identify practices that show promise of 12 improving student outcomes or educator performance. 13 The system shall comply with all state and federal privacy 14 laws. Aggregate, nonidentifying information obtained from the 15 system shall be made available at multiple levels, including 16 state, school district, AEA, charter school, practitioner 17 preparation program, nongovernmental entity, and individual 18 levels, through varying degrees of access, as designated by the 19 director. 20 The education placement clearinghouse shall be designed 21 and implemented for the posting of all education job openings 22 offered by the school districts, AEAs, charter schools, and 23 accredited nonpublic schools in the state. Every school 24 district, AEA, charter school, and accredited nonpublic school 25 shall submit its job openings to the department for posting 26 on the department’s internet site. Every educator shall 27 apply once to the department, indicating the educator’s job 28 interests. The director shall provide each educator with an 29 option to update submitted information. The director shall 30 develop and implement a screening process that uses but is not 31 limited to the data collected from the educator identifier 32 system to identify high-quality educators. 33 Only applicants who apply and meet clearinghouse application 34 requirements are eligible to be interviewed for jobs posted 35 -134- LSB 5398XL (18) 84 kh/rj 134/ 156
S.F. _____ H.F. _____ on the department’s internet site. A school district, AEA, 1 charter school, or accredited nonpublic school can request 2 more information from the applicant that was not collected and 3 is not maintained by the clearinghouse, but cannot request 4 information that duplicates that which is in the clearinghouse. 5 The bill states that the bill language shall not be construed 6 to discourage school districts, AEAs, charter schools, and 7 accredited nonpublic schools from advertising or otherwise 8 making known the positions available through the clearinghouse. 9 The bill includes references relating to the transfer of 10 licensing duties to the state board of education and the 11 department of education under division X of the bill. 12 DIVISION IX —— CLASS SHARING AGREEMENTS. The bill 13 expands eligibility for the supplementary weighting plan for 14 district-to-community college sharing and concurrent enrollment 15 programs to allow a school district that collaborates with 16 a community college for a college-level class that uses an 17 activities-based, project-based, and problem-based learning 18 approach and that is offered through a partnership with a 19 nationally recognized provider of rigorous and innovative 20 science, technology, engineering, and mathematics curriculum 21 for schools, which provider is exempt from taxation under 22 section 501(c)(3) of the Internal Revenue Code, to qualify 23 to receive additional weighting for students enrolled in the 24 class. 25 DIVISION X —— TRANSFER OF LICENSING DUTIES. The bill repeals 26 Code chapter 272, which establishes the board of educational 27 examiners, and moves the majority of the responsibilities of 28 the board and its executive director to the state board of 29 education and the director of the department of education. 30 The department is charged with carrying out programs and 31 policies as determined by the state board, and the duties 32 and responsibilities of the department as set forth by the 33 director. The board of educational examiners is created to 34 hear appeals regarding application, renewal, suspension, 35 -135- LSB 5398XL (18) 84 kh/rj 135/ 156
S.F. _____ H.F. _____ or revocation of a license, certificate, authorization, or 1 statement of recognition. 2 The bill provides for the authorization of individuals 3 to act as school administration managers who successfully 4 complete training and meet board standards in order to assist 5 school principals in performing noninstructional duties. The 6 bill requires the department to establish voluntary statewide 7 training programs for such individuals. 8 The bill requires the state board to provide alternative 9 pathways to the initial teacher license and initial 10 administrator license and endorsement by rule. The rules 11 shall prescribe standards and procedures for the approval 12 of alternative principal licensing programs which may be 13 offered in this state by designated agencies located within or 14 outside this state. The bill also establishes requirements 15 for applicants to the programs, and requires that persons 16 who utilize the alternative pathways to licensure must be 17 supervised and mentored by experienced practitioners. 18 The bill also requires the state board to adopt rules 19 requiring all higher education institutions providing 20 practitioner preparation to require any candidate for 21 admission to the program to have graduated with a cumulative 22 postsecondary grade point average of at least three on a 23 four-point scale, or its equivalent; and to base successful 24 completion of the program on successful completion of Praxis 25 II examinations. The bill also increases the required number 26 of weeks for the student teaching experience from 12 to 15, 27 and reduces the duration of time during which a practitioner 28 preparation program faculty member must be involved in a 29 specified number of hours of team teaching activities from five 30 years to two years. 31 The bill includes transitional provisions relating to the 32 transfer of employees from the board to the department, to 33 license and contract validity, transfer of funds, enforcement 34 actions, and membership on the initial board of educational 35 -136- LSB 5398XL (18) 84 kh/rj 136/ 156
S.F. _____ H.F. _____ examiners created within the department. 1 The bill includes a number of conforming amendments. 2 DIVISION XI —— SCHOOL INSTRUCTIONAL TIME TASK FORCE. The 3 bill charges the director of the department of education with 4 appointing a school instructional time task force to conduct a 5 study regarding the minimum requirements of the school day and 6 the school year. 7 The school instructional time task force shall be comprised 8 of at least seven members who shall, at a minimum, examine 9 whether the minimum length of an instructional day should 10 be extended and if so for whom, whether the minimum number 11 of instructional days or hours in a school year should be 12 increased and if so for whom, whether the minimum numbered of 13 instructional days or hours should be rearranged for purposes 14 of summer or other breaks in the school year, whether the 15 minimum school year should be defined by a number of days or 16 by a number of instructional hours, whether there should be a 17 uniform, statewide start date for the school year, and whether 18 resources necessary to extend the minimum instructional day 19 or the minimum school year are justified when compared to 20 competing education priorities. The task force shall submit 21 its findings and recommendations in a report to the state board 22 of education, the governor, and the general assembly by October 23 15, 2012. 24 DIVISION XII —— ASSESSMENTS. The bill relates to 25 assessments for children prekindergarten through grade 11 and 26 requires the department of education to establish and implement 27 a value-added assessment system. 28 The bill replaces, in language directing the state board 29 of education to adopt rules requiring that school districts 30 and accredited nonpublic schools submit a comprehensive 31 school improvement plan and report to the department and local 32 communities, references to local education standards and 33 achievement progress with references to statewide standards 34 and assessment measures and eliminates reporting requirements 35 -137- LSB 5398XL (18) 84 kh/rj 137/ 156
S.F. _____ H.F. _____ related to locally established student learning goals. 1 Further, the rules adopted by the state board incorporating 2 accountability for, and reporting of, student achievement 3 into the standards and accreditation process must provide, 4 by July 1, 2014, for the establishment by the department of 5 an accountability system designed to hold school districts 6 and accredited nonpublic schools accountable for student 7 achievement. The accountability system must, at a minimum, 8 define and measure student achievement, student growth, 9 student achievement gaps, college and career readiness, 10 student well-being, parent satisfaction, school staff working 11 conditions, school fiscal responsibility, and graduation and 12 attendance rates. 13 The state board must also adopt, by July 1, 2014, a policy 14 for how school districts shall incorporate end-of-course 15 assessments into their graduation requirements. The director 16 of the department must, by July 1, 2014, develop high school 17 end-of-course assessments for core content standards subject 18 areas, which the school districts must administer as an 19 integral component of such courses. 20 In addition, the director may at the director’s discretion, 21 or shall as directed by the state board, convene a working 22 group to develop recommendations for the accountability 23 system or redesign of accreditation procedures; a compliance 24 monitoring process aligned with the accountability system; 25 targeting support for school districts identified as 26 needing assistance; identifying, studying, and commending 27 high-performing districts; and developing takeover strategies 28 for school districts deemed persistently failing to meet 29 educational system or student achievement standards. 30 The rules the state board adopts establishing high school 31 graduation requirements shall also require administration of 32 a college entrance examination. The bill requires school 33 districts and accredited nonpublic schools to administer 34 to each student enrolled in grade 11 the college entrance 35 -138- LSB 5398XL (18) 84 kh/rj 138/ 156
S.F. _____ H.F. _____ examination to assess English, reading, mathematics, and 1 science. Each school district and nonpublic school must 2 offer to any student enrolled in grade 11 a career readiness 3 assessment to assess reading for information, locating 4 information, and applied mathematics. 5 The cost of the college entrance examination shall be paid by 6 the department of education if funds are made available to the 7 department for such purpose; the cost of the career readiness 8 assessments shall be paid by the department if funds are 9 available to the department for that purpose; and the costs of 10 any additional college entrance examinations taken by a student 11 shall be the responsibility of the student. If funds are 12 available to the department for such purpose, the department 13 shall make a preparation program available to all students 14 in grade 11, and may contract for the necessary assessment 15 services. 16 A student whose scores on the college entrance examination 17 indicate a high degree of college readiness shall be counseled 18 by the school district or school to enroll in accelerated 19 courses, with an emphasis on advanced placement classes. A 20 student whose scores on the career readiness assessments 21 indicate that additional assistance is required in reading 22 for information, locating information, or applied mathematics 23 shall be provided intervention strategies for accelerated 24 learning by the school district or school. The bill provides 25 for accommodations for students with disabilities and students 26 requiring special education under Code chapter 256B. The 27 bill requires a student’s scores on the college entrance 28 examinations to be recorded by the school district or school in 29 the student’s official education record. 30 The bill eliminates from the core content requirements 31 language relating to locally developed content standards. 32 The bill tasks the director of the department of education 33 with requiring, every three years, a random sampling of 34 students to take the international programme for international 35 -139- LSB 5398XL (18) 84 kh/rj 139/ 156
S.F. _____ H.F. _____ student assessment. 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 -140- LSB 5398XL (18) 84 kh/rj 140/ 156
S.F. _____ H.F. _____ 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 XIII —— 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 XIV —— 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 -141- LSB 5398XL (18) 84 kh/rj 141/ 156
S.F. _____ H.F. _____ 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. The director may grant a waiver to a 10 school district exempting the school district from utilizing 11 the AEA plan if the director determines that the school 12 district’s plan achieves the goals of the statewide plan. 13 The department is tasked with implementing the statewide 14 plan for professional development established by the state 15 board. A school district is required to utilize the area 16 professional development plan approved by the director unless 17 it is granted a waiver by the director. 18 The department of management is directed to annually reduce 19 the distributions from the amounts generated by the total 20 professional development supplement district cost and the total 21 area education agency professional development supplement 22 district cost to each school district and AEA by 10 percent. 23 The school district spending authority is also reduced by 10 24 percent. An amount equivalent to the amount of the reduction 25 is appropriated to the department for purposes of implementing 26 the statewide plan for the professional development of 27 practitioners. 28 The director is authorized to waive requirements relating 29 to the development and review of an individual teacher 30 professional development plan for a school district that 31 utilizes a peer review teacher evaluation system in which 32 consulting teachers, in conjunction with school administrators, 33 make formal evaluations of the school district’s teachers, 34 including but not limited to each teacher’s professional growth 35 -142- LSB 5398XL (18) 84 kh/rj 142/ 156
S.F. _____ H.F. _____ and employment status. 1 PROBATIONARY PERIODS AND DUE PROCESS. The bill authorizes 2 school boards, which by a majority vote institute a reduction 3 in force, to not renew a teacher’s contract based on teacher 4 evaluations, licensure and endorsements, the needs of the 5 schools and students, and, under certain circumstances, hiring 6 dates. The bill repeals a Code provision authorizing teachers 7 and administrators to appeal adjudicator and administrative 8 law judge decisions regarding employment to the district 9 court. The administrative law judge to whom an administrator 10 may currently appeal a school board decision is replaced by 11 an adjudicator. Currently, the administrative law judge is 12 jointly selected by the board and the administrator from a 13 list of five individuals submitted by the board of educational 14 examiners; under the bill, the public employee relations board 15 submits the list. The bill makes a number of conforming 16 changes. Community college and AEA instructors, teachers, and 17 administrators are considered teachers and administrators for 18 purposes of the statutory requirements relating to teacher and 19 administrator employment and are therefore also affected by 20 these changes. 21 The bill strikes language that permits an adjudicator 22 to reverse, modify, or grant any appropriate relief from 23 the board action if substantial rights of the teacher have 24 been prejudiced because the board action is unsupported by a 25 preponderance of the competent evidence in the record made 26 before the board when that record is viewed as a whole. The 27 adjudicator’s decision becomes the final and binding decision 28 of the school board. In the case of administrators, language 29 is also eliminated that allowed the administrator to file a 30 written notice of appeal of the proposed adjudicator’s decision 31 and which allowed the school board to review the proposed 32 adjudicator’s decision on its own motion. 33 The bill reduces considerably the adjudicator process 34 timelines for teachers and administrators. 35 -143- LSB 5398XL (18) 84 kh/rj 143/ 156
S.F. _____ H.F. _____ For beginning teachers hired on or after July 1, 2012, the 1 probationary period for a beginning teacher is extended from 2 three years, with a potential for a one-year extension, to 3 five years, with a potential for a one-year extension; and the 4 option for the probationary teacher to appeal a board decision 5 to an adjudicator and to the district court is eliminated. 6 Under the current Code, nonprobationary teachers are exempt 7 from this provision, but under the bill if a teacher does 8 not successfully complete an intensive assistance program 9 as required, a school board may place the teacher back on 10 probationary status for the school year following the year in 11 which the teacher participated in the intensive assistance 12 program. 13 DIVISION XV —— CHARTER SCHOOL CHANGES. The bill rewrites 14 the majority of Iowa’s charter school legislation. The purpose 15 of the charter school legislation remains the same, as do most 16 of the general operating requirements, but the bill eliminates 17 references to innovation zone schools and broadens the list of 18 entities eligible to submit applications to establish charter 19 schools. However, the bill provides that a charter school 20 or innovation zone school established prior to July 1, 2012, 21 shall continue to be governed by chapter 256F, Code and Code 22 Supplement 2011, until the term of the contract entered into 23 pursuant to section 256F.6, Code 2011, ends. 24 ELIGIBLE ENTITIES. Eligible entities under the bill 25 include the following: school districts, area education 26 agencies, community colleges, regents universities, nonprofit 27 private postsecondary institutions, cities and counties 28 with populations of more than 100,000, and nonsectarian, 29 nonreligious, tax-exempt charitable organizations; or 30 consortiums of some of the eligible entities. 31 CONVERSION OF AN EXISTING SCHOOL. The bill continues to 32 provide that the conversion of an existing school district 33 attendance center must be supported by at least 50 percent 34 of the school’s teachers and 50 percent of the parents whose 35 -144- LSB 5398XL (18) 84 kh/rj 144/ 156
S.F. _____ H.F. _____ children attend the school. 1 The bill states that the legislation shall not be construed 2 as a means to keep open a school that a school board decides 3 to close, but a school board may endorse or authorize the 4 establishing of a charter school to replace the school the 5 board decides to close. Applicants seeking a charter under 6 this circumstance must demonstrate and document that the 7 charter sought is substantially different in purpose and 8 program from the school the board closes. 9 DUTIES OF THE DEPARTMENT. The department of education 10 is tasked with developing and implementing an orientation 11 program for operators that covers accountability requirements, 12 reporting requirements, and finance. An operator is an entity 13 whose application to charter a school has been approved by 14 the state board. An operator must successfully complete the 15 orientation program prior to chartering a school. If the 16 operator does not successfully complete the orientation program 17 in the time specified by the department, the state board 18 shall reevaluate the operator’s application and may deny the 19 application. 20 The department must also develop and implement or approve 21 orientation programs for members of the boards of directors 22 of charter schools, including but not limited to orientation 23 on the charter school board’s role and responsibilities, 24 employment policies and practices, and financial management. 25 Board members must attend ongoing orientation throughout the 26 member’s term. 27 The department shall monitor and evaluate the fiscal, 28 operational, and student performance of the charter school 29 annually, and may for this purpose annually collect from a 30 charter school a reasonable fee established by rule by the 31 state board based on the number of students who are enrolled in 32 the charter school. The fee structure shall be stated in the 33 charter school contract. Every fifth year in which a charter 34 school is in operation, and before the state board considers 35 -145- LSB 5398XL (18) 84 kh/rj 145/ 156
S.F. _____ H.F. _____ renewing a charter school’s contract, the department must 1 provide to the state board and to the charter school board a 2 formal written review of the annual evaluations conducted. 3 OPERATING REQUIREMENTS. New operating requirements 4 include those requiring that charter schools comply with 5 statutes relating to the suspension or expulsion of a student, 6 procedures for handling child abuse, procedures for reporting 7 weapons and drug or alcohol possession or use, and harassment 8 and bullying prohibitions and requirements; comply with 9 statutes and rules relating to student records and school 10 meal programs; submit data for purposes of the department’s 11 comprehensive management information system; and comply with 12 statewide accountability requirements governing high school 13 graduation requirements, the core curriculum, core content 14 standards, and assessments. Suspension or expulsion decisions 15 may be appealed to the state board of education. However, 16 under the bill a charter school no longer must be subject to or 17 comply with Code chapter 279, relating to teacher contracts and 18 discharge of teachers or administrators; or meet the 180-day 19 school year requirement or its equivalent in hours; or provide 20 school bus transportation to nonpublic school and nonresident 21 students. 22 HOME SCHOOL PROHIBITION. The bill prohibits use of a charter 23 school as a method of providing education to or generating 24 revenue for students who are receiving competent private 25 instruction. 26 PRIMARY FOCUS. The primary focus of a charter school shall 27 be to provide a comprehensive program of instruction for at 28 least one grade or age group from 5-21 years of age. 29 CHARTER SCHOOL APPLICATION. An application to operate a 30 charter school must include a business plan that documents the 31 proposed charter school’s mission statement, school purposes, 32 program design, graduation plan, financial plan, governance 33 and management structure, and background and experience of 34 the applicants and the initial board and instructional staff, 35 -146- LSB 5398XL (18) 84 kh/rj 146/ 156
S.F. _____ H.F. _____ plus any other information the state board requests; provide 1 a statement of assurances of legal compliance prescribed by 2 the state board; provide a statement of support or nonsupport 3 from the school district in which the charter school would 4 be located, a statement of community support and need, 5 and how special education and English as a second language 6 programs will be made available and financed; demonstrate 7 the applicant’s ability to implement the procedures and 8 satisfy the criteria for chartering a school; and describe the 9 measures that will be implemented to provide for oversight 10 of the charter school’s academic, financial, and operational 11 performance, and ensure compliance with the terms of any 12 written contract entered into by the charter school board and 13 the state board. An applicant must file a separate application 14 for each school the applicant intends to charter. 15 The bill sets forth provisions specifying timelines 16 and requirements for the approval or disapproval of an 17 application. Only the state board is authorized to approve 18 an application. The state board is directed to establish 19 criteria for application approval that at a minimum considers 20 the available capacity and infrastructure identified in the 21 plan, the contracting process specified in the plan, ongoing 22 oversight and evaluation processes relating to administration 23 and staffing, and charter school contract and contract renewal 24 criteria and processes. 25 The approval of an application and renewal of a charter by 26 the state board shall not be conditioned upon the bargaining 27 unit status of the employees of the school. Employees of 28 the board of directors of a charter school may, if otherwise 29 eligible, organize under Code chapter 20 and comply with its 30 provisions. The board of directors of a charter school is 31 a public employer, for the purposes of Code chapter 20, upon 32 formation of one or more bargaining units at the school. 33 OPERATOR OF CHARTER SCHOOL. An operator who successfully 34 completes the department’s orientation program shall, before 35 -147- LSB 5398XL (18) 84 kh/rj 147/ 156
S.F. _____ H.F. _____ entering into a contract or other agreement for professional 1 or other services, goods, or facilities, incorporate as a 2 nonprofit corporation and shall establish an initial board of 3 directors composed of at least five voting members, who are not 4 related parties, until a timely election for members of the 5 ongoing charter school board of directors is held according to 6 the school’s articles and bylaws. 7 CHARTER SCHOOL BOARD. Ongoing board members must be elected 8 before the school completes its third year of operation. The 9 articles and bylaws shall include clear policies regarding 10 conflicts of interests and standards of responsibility. Staff 11 members employed at the school and all parents or guardians 12 of children enrolled in the school are the voters eligible to 13 elect charter school board members. 14 The charter school board of directors shall be composed 15 of at least one licensed teacher employed at the school, at 16 least one parent or legal guardian of a student enrolled in 17 the charter school who is not an employee of the charter 18 school, and at least one interested community member who is 19 not employed by the charter school and does not have a child 20 enrolled in the school. The majority of board members may be 21 teachers. Contractors providing facilities, goods, or services 22 to a charter school shall not serve on the charter school board 23 except that contracts involving no more than $2,500 do not 24 exclude a contractor from board membership. 25 EXPANSION TO ADDITIONAL SITES OR GRADES. The state board 26 may permit the charter school board to expand the operation of 27 the charter school to additional sites or to add additional 28 grades at the school beyond those described in the operator’s 29 approved application only after submitting to the state board a 30 supplemental affidavit that includes a proposed expansion plan 31 that demonstrates need and projected enrollment; documentation 32 that the expansion is warranted, at a minimum, by longitudinal 33 data demonstrating students’ improved academic performance and 34 growth on student assessments; documentation that the charter 35 -148- LSB 5398XL (18) 84 kh/rj 148/ 156
S.F. _____ H.F. _____ school is financially sound and the financing it needs to 1 implement the proposed expansion exists; and documentation that 2 the charter school has the governance structure and management 3 capacity to carry out its expansion. 4 OPEN MEETINGS AND RECORDS. The charter school board is a 5 government or governmental body for purposes of Iowa’s open 6 meetings and records laws. 7 AUDIT REQUIREMENTS. As under current law, the charter 8 school must comply with the same statutory audit requirements 9 as a school district. In addition, the charter school must 10 annually submit an audit report to the state board by December 11 31 and include a copy of all charter school agreements for 12 corporate management services. If the audit report finds 13 that a material weakness exists in the school’s financial 14 reporting systems, the school shall submit a written report to 15 the state board explaining how the material weakness will be 16 resolved, and the school’s auditor must agree to make available 17 information about the audit to the state board upon request. 18 FUNDING. A student enrolled in a charter school shall 19 be counted, for state school foundation aid purposes, in the 20 pupil’s district of residence. The district of residence shall 21 pay to the charter school the state cost per pupil for the 22 previous school year and the combined district cost per pupil, 23 the teacher salary supplement, the professional development 24 supplement, and the early intervention supplement, plus any 25 moneys received for the student as a result of the non-English 26 speaking weighting for the previous school year multiplied 27 by the state cost per pupil for the previous year. Other 28 per pupil moneys may also be payable to a charter school in 29 accordance with the charter school’s approved application. 30 ADMISSION REQUIREMENTS. A charter school may limit 31 admission to the following: students within an age group or 32 grade level, students who are either at risk of dropping out or 33 have dropped out, and residents of a specific geographic area 34 in which the school is located when the majority of students 35 -149- LSB 5398XL (18) 84 kh/rj 149/ 156
S.F. _____ H.F. _____ served by the school are eligible for free and reduced price 1 meals under federal guidelines. A charter school shall enroll 2 an eligible student who submits a timely application, unless 3 the number of applications exceeds the capacity of a program, 4 class, grade level, or building. In such case, students shall 5 be accepted by lot. A charter school shall give enrollment 6 preference to a sibling of an enrolled student and to a foster 7 child of that student’s parents and may give preference for 8 enrolling children of the school’s staff before accepting other 9 students by lot. A charter school shall not limit admission 10 to students on the basis of intellectual ability, measures 11 of achievement or aptitude, or athletic ability and may not 12 establish any criteria or requirements for admission that are 13 inconsistent with this Code section. The charter school shall 14 not distribute any services or goods of value to students, 15 parents, or guardians as an inducement, term, or condition of 16 enrolling a student in a charter school. 17 STAFFING REQUIREMENTS AND QUALIFICATIONS. A charter school 18 shall employ or contract with necessary licensed teachers 19 who hold endorsements to perform the particular service for 20 which they are employed in the school. The school may employ 21 necessary employees who are not required to hold teaching 22 licenses to perform duties other than teaching and may contract 23 for other services. 24 LEASE OF SPACE AND FACILITY CONSTRUCTION. A charter 25 school may lease space from a school district or other public 26 organization; a private, nonprofit nonsectarian organization; 27 a private property owner; or a sectarian organization if the 28 leased space is constructed as a school facility. 29 A charter school may organize an affiliated nonprofit 30 building corporation to renovate or purchase an existing 31 facility to serve as a school or to construct a new school 32 facility. The bill sets forth requirements for such a 33 corporation. 34 RETIREMENT SYSTEMS. Teachers in a charter school are public 35 -150- LSB 5398XL (18) 84 kh/rj 150/ 156
S.F. _____ H.F. _____ school teachers and charter schools are employers for the 1 purposes of Iowa public employees’ retirement system. 2 CONTRACT RENEWAL OR NONRENEWAL. The state board may or 3 may not renew a charter school contract at the end of the 4 contract term, and may unilaterally terminate a contract during 5 the term of the contract, for any of the following grounds: 6 failure to meet the requirements for student performance 7 contained in the contract, failure to meet generally accepted 8 standards of fiscal management, violations of law, and other 9 good cause shown, including but not limited to the existence 10 of one or more other grounds for revocation as specified in 11 the contract. The bill specifies the procedures for not 12 renewing or terminating a contract. The state board, after 13 providing reasonable notice to the charter school board, and 14 after providing an opportunity for a public hearing, may 15 terminate the existing contract with the charter school board 16 if the charter school has a history of failure to meet student 17 performance requirements consistent with state law, financial 18 mismanagement or failure to meet generally accepted standards 19 of fiscal management, or violations of the law. 20 If a contract is not renewed or is terminated, a student 21 who attended the charter school may enroll in the district of 22 residence or may submit an open enrollment application to a 23 nonresident district. The charter school shall transfer the 24 student’s educational records to the student’s new school of 25 enrollment. 26 LEGAL AUTHORITY. The board of directors of a charter school 27 may sue and be sued, the charter school shall not levy taxes 28 or issue bonds, and a charter school is a municipality for 29 purposes of tort liability of governmental subdivisions. 30 DIVISION XVI —— THIRD GRADE LITERACY. The bill provides for 31 early grade student assessments for reading deficiencies and 32 parental notification of reading deficiencies, and retention 33 for such deficiencies at grade three for students who do not 34 demonstrate an acceptable level of performance on reading 35 -151- LSB 5398XL (18) 84 kh/rj 151/ 156
S.F. _____ H.F. _____ standardized or alternative assessments. 1 The bill requires the state board of education to adopt 2 guidelines by July 1, 2013, for implementation of the new 3 Code provision established by the bill relating to student 4 progression, retention, and remedial instruction, including 5 but not limited to basic levels of reading proficiency 6 on approved assessments and identification of tools that 7 school districts may use in evaluating and reevaluating any 8 student who may be or who is determined to be deficient in 9 reading, including but not limited to initial assessments and 10 subsequent assessments, alternative assessments, and portfolio 11 reviews. The state board must adopt standards that provide a 12 reasonable expectation that a student’s progress toward reading 13 proficiency is sufficient to master appropriate grade four 14 level reading skills prior to the student’s promotion to grade 15 four. 16 The director of the department of education is required to 17 identify the scoring levels on approved grade three reading 18 assessments that will trigger the retention of a student; to 19 develop or identify and approve alternative but equivalent 20 qualifying performance measures for students who are not 21 proficient in reading, such as a demonstration of reading 22 mastery evidenced by portfolios of student work; and to 23 establish, subject to an appropriation of state funds, an Iowa 24 reading research center for the application of current research 25 on literacy. 26 School districts must provide intensive reading instruction 27 to students who exhibit a substantial deficiency in reading, 28 based upon locally determined or statewide assessments 29 conducted in kindergarten or grade one, grade two, or grade 30 three, or through teacher observations. The student’s reading 31 proficiency shall be reassessed following the intensive reading 32 instruction. The student shall continue to be provided with 33 intensive reading instruction until the reading deficiency is 34 remedied. 35 -152- LSB 5398XL (18) 84 kh/rj 152/ 156
S.F. _____ H.F. _____ School districts must notify at least annually, in writing, 1 the parent or guardian of a student who exhibits a substantial 2 deficiency in reading, the district’s determination that 3 the child is deficient in reading, descriptions of the 4 services currently provided to the child and of the proposed 5 supplemental instructional services and supports that the 6 school district will provide to the child to remediate the 7 deficiency; that if the child’s reading deficiency is not 8 remediated by the end of grade three, the child will be 9 retained unless exempt from mandatory retention for good cause; 10 strategies for parents and guardians to use in helping the 11 child succeed in reading proficiency; that the assessment 12 is not the sole determiner of promotion and that additional 13 evaluations, portfolio reviews, performance measures, and 14 assessments are available to assist parents and the school 15 district in knowing when a child is reading at or above grade 16 level and ready for promotion; and the district’s specific 17 criteria and policies for midyear promotion. “Midyear 18 promotion”, under the bill, means promotion of a retained 19 student to the next grade level at any time during the year of 20 retention once the student has demonstrated ability to read at 21 grade level. 22 The bill does not preclude the parent or guardian of a 23 student with a reading deficiency from requesting that the 24 student be retained at grade level. 25 If a student’s reading deficiency is not remedied by the 26 end of grade three, the student shall be retained in grade 27 three. The school district can exempt students from mandatory 28 retention for good cause, which under the bill includes 29 limited English proficient students; students requiring special 30 education; students who demonstrate an acceptable level of 31 performance on an approved alternative performance measure; 32 students who demonstrate mastery through a student portfolio; 33 and students who have received intensive remediation in reading 34 for two or more years. 35 -153- LSB 5398XL (18) 84 kh/rj 153/ 156
S.F. _____ H.F. _____ Intensive reading instruction for students promoted under 1 good cause must include an altered instructional day that 2 includes specialized diagnostic information and specific 3 reading strategies for each student, and the school district 4 must assist attendance centers and teachers to implement 5 reading strategies. 6 If a student demonstrates acceptable performance through 7 an alternative assessment or student portfolio, the student’s 8 teacher must document the teacher’s recommendation for 9 promotion to the school principal, and if the principal agrees, 10 the principal must make a recommendation to the district 11 superintendent. A parent or guardian may appeal the decision 12 of the superintendent to the school board, but the school 13 board’s decision is final. 14 Each school district shall conduct a review of student 15 progress for any student retained who did not meet the 16 criteria for a good cause exemption. The review shall address 17 additional supports and services needed to remediate the 18 identified areas of reading deficiency. The school district 19 shall require a student portfolio to be completed for each such 20 student. 21 The intensive supports that a school district must provide 22 free of charge include a minimum of a 90-minute block of 23 scientific-research-based reading instruction and other 24 strategies which may include but are not limited to small group 25 instruction; reduced teacher-student ratios; more frequent 26 progress monitoring; tutoring or mentoring; transition classes 27 containing students in grades three and four; extended school 28 day, week, or year; and summer reading programs. 29 At regular intervals, the school district shall provide 30 a report to the parent or guardian apprising the parent or 31 guardian of academic and other progress being made by the 32 student and giving other useful information. 33 The school district shall implement a policy for the midyear 34 promotion of a student who can demonstrate that the student is 35 -154- LSB 5398XL (18) 84 kh/rj 154/ 156
S.F. _____ H.F. _____ a successful and independent reader, reading at or above grade 1 level, and ready to be promoted to grade four. 2 In addition to required reading enhancement and acceleration 3 strategies, school districts must provide parents and guardians 4 of retained students with instructional options such as a plan 5 outlined in a parental contract, including participation in 6 regular parent-guided home reading. 7 School districts, using early intervention moneys received 8 from the state, must also establish a reading enhancement 9 and acceleration development initiative designed to prevent 10 the retention of grade three students and to offer intensive 11 accelerated reading instruction to grade three students 12 who fail to meet standards for promotion to grade four and 13 to each kindergarten through grade three student who is 14 assessed as exhibiting a reading deficiency. The bill amends 15 Code section 256D.2A to authorize use of the state early 16 intervention moneys on such initiatives. The initiative shall 17 be provided to all kindergarten through grade three students 18 at risk of retention, and shall measure phonemic awareness, 19 phonics, fluency, vocabulary, and comprehension; be provided 20 during regular school hours in addition to regular reading 21 instruction; and provide a reading curriculum that meets the 22 state board’s guidelines and, at a minimum, assists students 23 in developing the ability to read at grade level; provides 24 skill development in phonemic awareness, phonics, fluency, 25 vocabulary, and comprehension; includes scientifically based 26 and reliable assessment; and provides initial and ongoing 27 analysis of each student’s reading progress; is implemented 28 during regular school hours; and provides a curriculum in core 29 academic subjects to assist the student in maintaining or 30 meeting proficiency levels for the appropriate grade in all 31 academic subjects. 32 Each school district shall report to the department 33 the specific intensive reading interventions and supports 34 implemented by the school district, and shall report on the 35 -155- LSB 5398XL (18) 84 kh/rj 155/ 156
S.F. _____ H.F. _____ number of students retained under the provisions of the bill. 1 Finally, each school district shall provide a retained 2 student who has received intensive instructional services but 3 is still not ready for grade promotion the option of being 4 placed in a transitional instructional setting specifically 5 designed to produce learning gains sufficient to meet grade 6 four performance standards while continuing to remediate the 7 areas of reading deficiency. 8 DIVISION XVII —— STATE MANDATE. The bill may include a state 9 mandate as defined in Code section 25B.3. The bill requires 10 that the state cost of any state mandate included in the bill 11 be paid by a school district from state school foundation aid 12 received by the school district under Code section 257.16. The 13 specification is deemed to constitute state compliance with 14 any state mandate funding-related requirements of Code section 15 25B.2. 16 -156- LSB 5398XL (18) 84 kh/rj 156/ 156