House Study Bill 592 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON JORGENSEN) A BILL FOR An Act relating to core content standards, assessments, 1 curricula relating to student academic progress, and to the 2 collection of and access to student data. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5203YC (4) 85 kh/rj
H.F. _____ Section 1. Section 256.7, subsection 21, paragraph b, Code 1 2014, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (03) In addition to administering 3 any assessment of student progress required pursuant to 4 this subsection, a school district may administer additional 5 assessments to measure student academic progress. The results 6 of the additional assessment may be reported to the department 7 and the local community in accordance with paragraph “c” , but 8 the additional assessments shall not replace any district-wide 9 assessment required pursuant to this subsection. 10 Sec. 2. Section 256.7, subsection 26, paragraph c, Code 11 2014, is amended to read as follows: 12 c. Adopt rules authorizing the board of directors of a 13 school district and the authorities in charge of an accredited 14 nonpublic school to adopt core content standard appendices, 15 including but not limited to core content test exemplars; 16 core content sample performance tasks; core content samples 17 of student writing; and, for grades nine through twelve, 18 mathematics coursework. The core content standards shall 19 not dictate curriculum or prescribe a particular method of 20 instruction to school districts and accredited nonpublic 21 schools. Neither the state board nor the department shall 22 require school districts or accredited nonpublic schools 23 to adopt a specific textbook, textbook series, or specific 24 instructional methodology, or acquire specific textbooks, 25 curriculum materials, or educational products from a specific 26 vendor in order to meet the core curriculum requirements of 27 this subsection or the core content standards adopted pursuant 28 to subsection 28 . It is the intent of the general assembly 29 that creation and implementation of curriculum, textbooks, 30 educational materials, and instructional methods remain with 31 school districts and accredited nonpublic schools and not with 32 the state or federal government. 33 Sec. 3. Section 256.9, subsection 54, Code 2014, is amended 34 to read as follows: 35 -1- LSB 5203YC (4) 85 kh/rj 1/ 7
H.F. _____ 54. a. Maintain an internet site where persons may access 1 up-to-date information regarding the core curriculum and the 2 core content standards adopted pursuant to section 256.7. 3 Periodically, beginning January 1, 2015, the state board 4 shall review, accept public comment regarding, and revise as 5 necessary, the core curriculum and the core content standards. 6 b. Submit an annual report to the general assembly by 7 January February 1 regarding activities, findings, and student 8 progress under the core curriculum established and the core 9 content standards adopted pursuant to section 256.7 , subsection 10 26 . The annual report shall include the state board’s 11 department’s findings and recommendations , including but not 12 limited to recommendations relating to any proposal to amend 13 or modify the core curriculum and the core content standards 14 adopted by the state board. A revision or modification to the 15 core curriculum or to the core content standards adopted by 16 the state board shall not be implemented by the director until 17 the annual report has been submitted to the general assembly 18 while the general assembly is in session or until the director 19 appears before the standing committees of the senate and house 20 of representatives having jurisdiction over education to report 21 on the revision or modification, whichever occurs first . 22 Sec. 4. NEW SECTION . 256.34 Student data collection —— 23 policies and plans. 24 1. The department shall establish data collection, data 25 privacy, and data sharing policies for data relating to 26 students collected by the department, school districts, and 27 accredited nonpublic schools. 28 2. The department shall annually conduct an inventory of and 29 categorize the data collected on students and the purposes for 30 which the data is collected, and shall report to the general 31 assembly by November 1, 2014, and by November 1 each succeeding 32 year, the department’s findings and recommendations. 33 3. The department shall create a detailed student data 34 security plan that includes privacy compliance standards, a 35 -2- LSB 5203YC (4) 85 kh/rj 2/ 7
H.F. _____ data breach plan, data retention or destruction plans, and 1 guidelines for authorizing parental access to student data. 2 4. Except as otherwise provided in state or federal law, the 3 department, school districts, and accredited nonpublic schools 4 shall not include biometric, health, and criminal or juvenile 5 justice records in student data files. 6 5. a. Student data shall be kept confidential by the 7 department, a school district, or an accredited nonpublic 8 school unless otherwise ordered by a court, by the lawful 9 custodian of the records, or by another person duly authorized 10 to release such information, and except as necessary to carry 11 out the duties and responsibilities of the state board or the 12 department. 13 b. Except as provided in paragraph “a” , student data shall 14 not be provided outside of the state unless necessary to 15 facilitate the timely enrollment and placement of a student who 16 is transferring to another school. 17 6. The department shall establish and maintain a policy 18 relating to the sharing, security, and confidentiality of 19 student data in compliance with the federal Family Educational 20 Rights and Privacy Act, 20 U.S.C. §1232g. 21 7. The department shall notify the governor and the 22 general assembly annually of changes to existing student data 23 collections maintained by the department which are required 24 for any reason, including changes in federal reporting 25 requirements. Changes to existing student data collections 26 which are not necessitated by changes in federal reporting 27 requirements shall not be implemented by the department until 28 the annual report has been submitted to the general assembly 29 while the general assembly is in session or until the director 30 appears before the standing committees of the senate and house 31 of representatives having jurisdiction over education to report 32 on the revision or modification to the existing student data 33 collections maintained by the department, whichever occurs 34 first. 35 -3- LSB 5203YC (4) 85 kh/rj 3/ 7
H.F. _____ 8. Student data shall not be published by the department 1 except in aggregate form. 2 9. This section shall not be construed to supersede any 3 provision of section 22.7, section 256.9, subsection 48, or 4 chapter 256H. 5 Sec. 5. PUBLIC COMMENT RELATING TO CORE CURRICULUM AND 6 TO THE CORE CONTENT STANDARDS. The department of education 7 shall initiate a process to obtain public input on the core 8 curriculum and the core content standards adopted pursuant 9 to section 256.7, subsections 26 and 28, shall identify 10 opportunities to strengthen the core curriculum and the core 11 content standards, and shall do the following: 12 1. Receive public comments on its internet site regarding 13 the core curriculum and the core content standards. 14 2. Hold at least three public hearings regarding the core 15 curriculum and the core content standards. The public hearings 16 shall be held in at least three geographically diverse venues 17 around the state. 18 3. Include information regarding the time, place, and 19 manner in which persons may participate in a public hearing as 20 provided in this section. 21 4. Provide public notice of any actions taken by the state 22 board of education to strengthen, amend, or modify the core 23 curriculum or the core content standards following the public 24 hearings conducted pursuant to this section. 25 5. The department shall submit a report summarizing its 26 activities, findings, and recommendations to the state board, 27 the governor, and the general assembly by February 1, 2015. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the core curriculum and core content 32 standards adopted by the state board of education, to 33 assessments of student progress, and to the collection of and 34 access to student data. 35 -4- LSB 5203YC (4) 85 kh/rj 4/ 7
H.F. _____ ASSESSMENTS OF STUDENT ACADEMIC PROGRESS. The bill 1 authorizes school districts to administer assessments to 2 measure student academic progress which are in addition to the 3 department of education-approved district-wide assessment of 4 student progress administered for purposes of the core academic 5 indicators in mathematics, reading, and science. 6 CORE CONTENT STANDARDS AND CORE CURRICULUM. The bill 7 authorizes school districts and accredited nonpublic schools 8 to adopt core content standard appendices and, for grades 9 9 through 12, mathematics coursework. The bill provides that 10 the core content standards shall not dictate curriculum or 11 prescribe the method of instruction in those school districts 12 and schools. The bill also states legislative intent that 13 the creation and implementation of curriculum, textbooks, 14 educational materials, and instructional methods must remain 15 with the school districts and schools, and not with the state 16 or federal government. 17 Under the bill, the director of the department of education 18 must maintain an internet site where persons may access 19 up-to-date information regarding the core curriculum and the 20 core content standards. Periodically, beginning January 1, 21 2015, the state board must review, accept public comments 22 regarding, and revise as necessary, the core curriculum and 23 core content standards. 24 The director is further directed to submit an annual report 25 to the general assembly by February 1 regarding the activities, 26 findings, and student progress under the core curriculum 27 and the core content standards. The annual report shall 28 include the department’s findings and recommendations. The 29 bill prohibits the director from implementing revisions or 30 modifications to the core curriculum or to the core content 31 standards adopted by the state board until the annual report is 32 submitted to the general assembly or until after the director 33 presents the proposed changes to the general assembly’s 34 standing committees on education. 35 -5- LSB 5203YC (4) 85 kh/rj 5/ 7
H.F. _____ STUDENT DATA. The bill directs the department of education 1 to establish data collection, data privacy, and data sharing 2 policies for data relating to students collected by the 3 department, school districts, and accredited nonpublic schools. 4 The department must annually conduct an inventory of and 5 categorize the data collected on students and the purposes for 6 which the data is collected, and report to the general assembly 7 by November 1, 2014, and by November 1 each succeeding year, 8 the department’s findings and recommendations. The department 9 must also create a detailed student data security plan that 10 includes privacy compliance standards, a data breach plan, data 11 retention or destruction plans, and guidelines for authorizing 12 parental access to student data. 13 Except as otherwise provided in state or federal law, the 14 department, school districts, and accredited nonpublic schools 15 shall not include biometric, health, and criminal or juvenile 16 justice records in student data files. Student data shall not 17 be published by the department except in aggregate form. 18 Student data shall be kept confidential unless otherwise 19 ordered by a court, by the lawful custodian of the records, or 20 by another person duly authorized to release such information, 21 and except as necessary to carry out the duties and 22 responsibilities of the state board or the department. Except 23 as provided, student data shall not be provided outside of the 24 state unless necessary to facilitate the timely enrollment and 25 placement of a student who is transferring to another school. 26 The department must establish and maintain a policy relating 27 to the sharing, security, and confidentiality of student data 28 in compliance with the federal Family Educational Rights and 29 Privacy Act, 20 U.S.C. §1232g. 30 The department shall notify the governor and the general 31 assembly annually of changes to existing student data 32 collections maintained by the department which are required 33 for any reason, including changes in federal reporting 34 requirements. Such changes which are not necessitated 35 -6- LSB 5203YC (4) 85 kh/rj 6/ 7
H.F. _____ by changes in federal reporting requirements shall not be 1 implemented by the department until the annual report has 2 been submitted to the general assembly while the general 3 assembly is in session or until the director appears before the 4 standing committees of the senate and house of representatives 5 having jurisdiction over education to report on the revision 6 or modification to the existing student data collections 7 maintained by the department, whichever occurs first. 8 The new provisions relating to student data shall 9 not be construed to supersede any existing open records 10 law provisions, provisions relating to the department’s 11 comprehensive management information system which are in 12 compliance with state and federal reporting requirements, or 13 provisions enacting the interstate compact on educational 14 opportunity for military children. 15 PUBLIC INPUT ON CORE CURRICULUM AND CORE CONTENT STANDARDS. 16 The department also must initiate a process to obtain public 17 input on the core curriculum and the core content standards; 18 shall identify opportunities to strengthen the core curriculum 19 and the core content standards; receive public comments on 20 its internet site regarding the core curriculum and the core 21 content standards; hold at least three public hearings, in at 22 least three geographically diverse venues around the state, 23 regarding the core curriculum and the core content standards; 24 include information regarding the time, place, and manner 25 in which persons may participate in a public hearing; and 26 provide public notice of any actions taken by the state board 27 to strengthen, amend, or modify the core curriculum or the 28 core content standards following the public hearings. The 29 department shall submit a report summarizing its activities, 30 findings, and recommendations to the state board, the governor, 31 and the general assembly by February 1, 2015. 32 -7- LSB 5203YC (4) 85 kh/rj 7/ 7