HSB 592 (LSB 5203YC (4) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON JORGENSEN)

A BILL FOR

An Act relating to core content standards, assessments, curricula relating to student academic progress, and to the collection of and access to student data.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.7, subsection 21, paragraph b, Code 2014, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (03)  In addition to administering any assessment of student progress required pursuant to this subsection, a school district may administer additional assessments to measure student academic progress. The results of the additional assessment may be reported to the department and the local community in accordance with paragraph “c”, but the additional assessments shall not replace any district-wide assessment required pursuant to this subsection.
    Sec. 2.  Section 256.7, subsection 26, paragraph c, Code 2014, is amended to read as follows:
   c.  Adopt rules authorizing the board of directors of a school district and the authorities in charge of an accredited nonpublic school to adopt core content standard appendices, including but not limited to core content test exemplars; core content sample performance tasks; core content samples of student writing; and, for grades nine through twelve, mathematics coursework. The core content standards shall not dictate curriculum or prescribe a particular method of instruction to school districts and accredited nonpublic schools.  Neither the state board nor the department shall require school districts or accredited nonpublic schools to adopt a specific textbook, textbook series, or specific instructional methodology, or acquire specific textbooks, curriculum materials, or educational products from a specific vendor in order to meet the core curriculum requirements of this subsection or the core content standards adopted pursuant to subsection 28.  It is the intent of the general assembly that creation and implementation of curriculum, textbooks, educational materials, and instructional methods remain with school districts and accredited nonpublic schools and not with the state or federal government.
    Sec. 3.  Section 256.9, subsection 54, Code 2014, is amended to read as follows:
   54.  a.  Maintain an internet site where persons may access up-to-date information regarding the core curriculum and the core content standards adopted pursuant to section 256.7. Periodically, beginning January 1, 2015, the state board shall review, accept public comment regarding, and revise as necessary, the core curriculum and the core content standards.
   b.  Submit an annual report to the general assembly by January February 1 regarding activities, findings, and student progress under the core curriculum established and the core content standards adopted pursuant to section 256.7, subsection 26. The annual report shall include the state board’s department’s findings and recommendations, including but not limited to recommendations relating to any proposal to amend or modify the core curriculum and the core content standards adopted by the state board. A revision or modification to the core curriculum or to the core content standards adopted by the state board shall not be implemented by the director until the annual report has been submitted to the general assembly while the general assembly is in session or until the director appears before the standing committees of the senate and house of representatives having jurisdiction over education to report on the revision or modification, whichever occurs first.
    Sec. 4.  NEW SECTION.  256.34  Student data collection —— policies and plans.
   1.  The department shall establish data collection, data privacy, and data sharing policies for data relating to students collected by the department, school districts, and accredited nonpublic schools.
   2.  The department shall annually conduct an inventory of and categorize the data collected on students and the purposes for which the data is collected, and shall report to the general assembly by November 1, 2014, and by November 1 each succeeding year, the department’s findings and recommendations.
   3.  The department shall create a detailed student data security plan that includes privacy compliance standards, a data breach plan, data retention or destruction plans, and guidelines for authorizing parental access to student data.
   4.  Except as otherwise provided in state or federal law, the department, school districts, and accredited nonpublic schools shall not include biometric, health, and criminal or juvenile justice records in student data files.
   5.  a.  Student data shall be kept confidential by the department, a school district, or an accredited nonpublic school unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information, and except as necessary to carry out the duties and responsibilities of the state board or the department.
   b.  Except as provided in paragraph “a”, student data shall not be provided outside of the state unless necessary to facilitate the timely enrollment and placement of a student who is transferring to another school.
   6.  The department shall establish and maintain a policy relating to the sharing, security, and confidentiality of student data in compliance with the federal Family Educational Rights and Privacy Act, 20 U.S.C. §1232g.
   7.  The department shall notify the governor and the general assembly annually of changes to existing student data collections maintained by the department which are required for any reason, including changes in federal reporting requirements. Changes to existing student data collections which are not necessitated by changes in federal reporting requirements shall not be implemented by the department until the annual report has been submitted to the general assembly while the general assembly is in session or until the director appears before the standing committees of the senate and house of representatives having jurisdiction over education to report on the revision or modification to the existing student data collections maintained by the department, whichever occurs first.
   8.  Student data shall not be published by the department except in aggregate form.
   9.  This section shall not be construed to supersede any provision of section 22.7, section 256.9, subsection 48, or chapter 256H.
    Sec. 5.  PUBLIC COMMENT RELATING TO CORE CURRICULUM AND TO THE CORE CONTENT STANDARDS.  The department of education shall initiate a process to obtain public input on the core curriculum and the core content standards adopted pursuant to section 256.7, subsections 26 and 28, shall identify opportunities to strengthen the core curriculum and the core content standards, and shall do the following:
   1.  Receive public comments on its internet site regarding the core curriculum and the core content standards.
   2.  Hold at least three public hearings regarding the core curriculum and the core content standards. The public hearings shall be held in at least three geographically diverse venues around the state.
   3.  Include information regarding the time, place, and manner in which persons may participate in a public hearing as provided in this section.
   4.  Provide public notice of any actions taken by the state board of education to strengthen, amend, or modify the core curriculum or the core content standards following the public hearings conducted pursuant to this section.
   5.  The department shall submit a report summarizing its activities, findings, and recommendations to the state board, the governor, and the general assembly by February 1, 2015.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the core curriculum and core content standards adopted by the state board of education, to assessments of student progress, and to the collection of and access to student data.
   ASSESSMENTS OF STUDENT ACADEMIC PROGRESS. The bill authorizes school districts to administer assessments to measure student academic progress which are in addition to the department of education-approved district-wide assessment of student progress administered for purposes of the core academic indicators in mathematics, reading, and science.
   CORE CONTENT STANDARDS AND CORE CURRICULUM. The bill authorizes school districts and accredited nonpublic schools to adopt core content standard appendices and, for grades 9 through 12, mathematics coursework. The bill provides that the core content standards shall not dictate curriculum or prescribe the method of instruction in those school districts and schools. The bill also states legislative intent that the creation and implementation of curriculum, textbooks, educational materials, and instructional methods must remain with the school districts and schools, and not with the state or federal government.
   Under the bill, the director of the department of education must maintain an internet site where persons may access up-to-date information regarding the core curriculum and the core content standards. Periodically, beginning January 1, 2015, the state board must review, accept public comments regarding, and revise as necessary, the core curriculum and core content standards.
   The director is further directed to submit an annual report to the general assembly by February 1 regarding the activities, findings, and student progress under the core curriculum and the core content standards. The annual report shall include the department’s findings and recommendations. The bill prohibits the director from implementing revisions or modifications to the core curriculum or to the core content standards adopted by the state board until the annual report is submitted to the general assembly or until after the director presents the proposed changes to the general assembly’s standing committees on education.
   STUDENT DATA. The bill directs the department of education to establish data collection, data privacy, and data sharing policies for data relating to students collected by the department, school districts, and accredited nonpublic schools. The department must annually conduct an inventory of and categorize the data collected on students and the purposes for which the data is collected, and report to the general assembly by November 1, 2014, and by November 1 each succeeding year, the department’s findings and recommendations. The department must also create a detailed student data security plan that includes privacy compliance standards, a data breach plan, data retention or destruction plans, and guidelines for authorizing parental access to student data.
   Except as otherwise provided in state or federal law, the department, school districts, and accredited nonpublic schools shall not include biometric, health, and criminal or juvenile justice records in student data files. Student data shall not be published by the department except in aggregate form.
   Student data shall be kept confidential unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information, and except as necessary to carry out the duties and responsibilities of the state board or the department. Except as provided, student data shall not be provided outside of the state unless necessary to facilitate the timely enrollment and placement of a student who is transferring to another school.
   The department must establish and maintain a policy relating to the sharing, security, and confidentiality of student data in compliance with the federal Family Educational Rights and Privacy Act, 20 U.S.C. §1232g.
   The department shall notify the governor and the general assembly annually of changes to existing student data collections maintained by the department which are required for any reason, including changes in federal reporting requirements. Such changes which are not necessitated by changes in federal reporting requirements shall not be implemented by the department until the annual report has been submitted to the general assembly while the general assembly is in session or until the director appears before the standing committees of the senate and house of representatives having jurisdiction over education to report on the revision or modification to the existing student data collections maintained by the department, whichever occurs first.
   The new provisions relating to student data shall not be construed to supersede any existing open records law provisions, provisions relating to the department’s comprehensive management information system which are in compliance with state and federal reporting requirements, or provisions enacting the interstate compact on educational opportunity for military children.
   PUBLIC INPUT ON CORE CURRICULUM AND CORE CONTENT STANDARDS.  The department also must initiate a process to obtain public input on the core curriculum and the core content standards; shall identify opportunities to strengthen the core curriculum and the core content standards; receive public comments on its internet site regarding the core curriculum and the core content standards; hold at least three public hearings, in at least three geographically diverse venues around the state, regarding the core curriculum and the core content standards; include information regarding the time, place, and manner in which persons may participate in a public hearing; and provide public notice of any actions taken by the state board to strengthen, amend, or modify the core curriculum or the core content standards following the public hearings. The department shall submit a report summarizing its activities, findings, and recommendations to the state board, the governor, and the general assembly by February 1, 2015.