HSB 173 (LSB 1539YC (7) 86)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON JORGENSEN)

A BILL FOR

An Act relating to core content standards, assessments, and 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, subparagraphs (2) and (3), Code 2015, are amended to read as follows:
   (2)  Notwithstanding subparagraph (1), for the school year beginning July 1, 2016, and each succeeding school year, the rules shall provide that all students enrolled in school districts in grades three through eleven shall be administered an assessment during the last quarter of the school year that at a minimum assesses the core academic indicators identified in this paragraph “b”; is aligned with the Iowa common core content standards in both content and rigor; accurately describes student achievement and growth for purposes of the school, the school district, and state accountability systems; and provides valid, reliable, and fair measures of student progress toward college or career readiness. 
   (3)  The director shall establish an assessment task force to review and make recommendations for a statewide assessment of student progress on the core academic indicators identified pursuant to this paragraph “b”. The task force shall recommend a statewide assessment that is aligned to the Iowa common core content standards and is, at a minimum, valid, reliable, tested, and piloted in Iowa. In addition, in developing recommendations, the task force shall consider the costs to school districts and the state in providing and administering such an assessment and the technical support necessary to implement the assessment. The task force shall submit its recommendations in a report to the director, the state board, and the general assembly by January 1, 2015. The task force shall assist with the final development and implementation of the assessment administered pursuant to subparagraph (2). The task force members shall include but not be limited to teachers, school administrators, business leaders, representatives of state agencies, and members of the general public. This subparagraph is repealed July 1, 2020.
    Sec. 2.  Section 256.7, subsection 21, paragraph b, Code 2015, 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. 3.  Section 256.7, subsection 21, paragraph c, Code 2015, is amended to read as follows:
   c.  A requirement that all school districts and accredited nonpublic schools annually report to the department and the local community the district-wide progress made in attaining student achievement goals on the academic and other core indicators and the district-wide progress made in attaining locally established student learning goals. The school districts and accredited nonpublic schools shall demonstrate the use of multiple assessment measures in determining student achievement levels. The school districts and accredited nonpublic schools shall also report the number of students who graduate; the number of students who drop out of school; the number of students who are tested and the percentage of students who are so tested annually; and the percentage of students who graduated during the prior school year and who completed a the Iowa core curriculum content standards. The board shall develop and adopt uniform definitions consistent with the federal No Child Left Behind Act of 2001, Pub. L. No. 107-110 and any federal regulations adopted pursuant to the federal Act. The school districts and accredited nonpublic schools may report on other locally determined factors influencing student achievement. The school districts and accredited nonpublic schools shall also report to the local community their results by individual attendance center.
    Sec. 4.  Section 256.7, subsection 26, paragraph a, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   Adopt rules that establish a the Iowa core curriculum and content standards. The state board shall also adopt high school graduation requirements for all students in school districts and accredited nonpublic schools that include at a minimum satisfactory completion of four years of English and language arts, three years of mathematics, three years of science, and three years of social studies.
    Sec. 5.  Section 256.7, subsection 26, paragraph a, subparagraph (3), Code 2015, is amended to read as follows:
   (3)  The rules establishing a the Iowa core curriculum content standards shall address the core content assessment standards in subsection 28 and the skills and knowledge students need to be successful in the twenty-first century. The Iowa core curriculum content standards shall include social studies and twenty-first century learning skills which include but are not limited to civic literacy, health literacy, technology literacy, financial literacy, and employability skills; and shall address the curricular needs of students in kindergarten through grade twelve in those areas. The state board shall further define the twenty-first century learning skills components by rule.
    Sec. 6.  Section 256.7, subsection 26, paragraph b, Code 2015, is amended by striking the paragraph.
    Sec. 7.  Section 256.7, subsection 26, paragraph c, Code 2015, is amended to read as follows:
   c.  The Iowa 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 Iowa core content standards of this subsection or the core content assessment standards adopted pursuant to subsection 28.  It is the intent of the general assembly that selection 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. 8.  Section 256.7, subsection 28, Code 2015, is amended to read as follows:
   28.  Adopt a set of core content assessment standards applicable to all students in kindergarten through grade twelve in every school district and accredited nonpublic school. For purposes of this subsection, “core content “assessment standards” includes reading, mathematics, and science. The core content assessment standards shall be identical to the core content assessment standards included in Iowa’s approved 2006 standards and assessment system under Tit. I of the federal Elementary and Secondary Education Act of 1965, 20 U.S.C. §6301 et seq., as amended by the federal No Child Left Behind Act of 2001, Pub. L. No. 107-110. School districts and accredited nonpublic schools shall include, at a minimum, the core content assessment standards adopted pursuant to this subsection in any set of locally developed content standards. School districts and accredited nonpublic schools are strongly encouraged to set higher expectations in local standards. As changes in federal law or regulation occur, the state board is authorized to amend the core content assessment standards as appropriate.
    Sec. 9.  Section 256.9, subsection 53, paragraph a, Code 2015, is amended to read as follows:
   a.  Develop and distribute, in collaboration with the area education agencies, Iowa core curriculum content standards technical assistance and implementation strategies that school districts and accredited nonpublic schools shall may utilize, including but not limited to the development and delivery of formative and end-of-course model assessments classroom teachers may use to measure student progress on the Iowa core curriculum content standards adopted pursuant to section 256.7, subsection 26. The department shall, in collaboration with the advisory group convened in accordance with paragraph “b” and educational assessment providers, identify and make available to school districts end-of-course and additional model end-of-course and additional assessments to align with the expectations included in the Iowa core curriculum content standards. The model assessments shall be suitable to meet the multiple assessment measures requirement specified in section 256.7, subsection 21, paragraph “c”.
    Sec. 10.  Section 256.9, subsection 54, Code 2015, is amended to read as follows:
   54.  a.  Maintain an internet site where persons may access up-to-date information regarding the Iowa core content standards and the assessment standards adopted pursuant to section 256.7. Periodically, beginning January 1, 2016, the state board shall review, accept public comment regarding, and revise as necessary, the Iowa core content standards and the assessment standards.
   b.  Submit an annual report to the general assembly by January 1 15 regarding activities, findings, and student progress under the Iowa core curriculum established content standards and the assessment 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 Iowa core content standards and the assessment standards adopted by the state board. A revision or modification to the Iowa core content standards after January 1, 2015, and to the assessment 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. 11.  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, 2015, 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, family or student voting status, family or student political affiliations, family or student religious affiliations, telephone information other than contact phone numbers, 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 state and 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. 12.  Section 256.40, subsection 2, paragraph e, Code 2015, is amended to read as follows:
   e.  Integrate services provided through the program with other career exploration-related activities such as the student core curriculum graduation plan and the career information and decision-making system developed and administered under section 279.61, where appropriate.
    Sec. 13.  Section 256.42, subsection 6, Code 2015, is amended to read as follows:
   6.  Coursework offered under the initiative shall be rigorous and high quality, and the department shall annually evaluate the quality of the courses and ensure that coursework is aligned with the state’s core curriculum and Iowa core content requirements standards and the assessment standards, as well as national standards of quality for online courses issued by an internationally recognized association for kindergarten through grade twelve online learning.
    Sec. 14.  Section 257.11, subsection 9, Code 2015, is amended to read as follows:
   9.  Shared classes and curriculum standards.  A school district shall ensure that any course made available to a student through any sharing agreement between the school district and a community college or any other entity providing course programming pursuant to this section to students enrolled in the school district meets the expectations contained in the core curriculum adopted pursuant to section 256.7, subsection 26. The school district shall ensure that any course that has the capacity to generate college credit shall be equivalent to college-level work.
    Sec. 15.  Section 258.4, subsection 8, Code 2015, is amended to read as follows:
   8.  Establish a minimum set of competencies and core curriculum content standards for approval of a vocational program sequence that addresses the following:  new and emerging technologies; job-seeking, job-keeping, and other employment skills, including self-employment and entrepreneurial skills, that reflect current industry standards, leadership skills, entrepreneurial, and labor-market needs; and the strengthening of basic academic skills.
    Sec. 16.  Section 260C.14, subsection 22, paragraph b, Code 2015, is amended to read as follows:
   b.  Collaborate with the state board of regents to meet the requirements specified in section 262.9, subsection 33, including but not limited to developing a systematic process for expanding academic discipline and meetings between the community college faculty and faculty of the institutions of higher education governed by the state board of regents, developing criteria to prioritize Iowa core curriculum areas content standards, promoting greater awareness of articulation-related activities, facilitating additional opportunities for individual institutions to pursue program articulation agreements for career and technical educational programs, and developing and implementing a process to examine a minimum of eight new associate of applied science degree programs for which articulation agreements would serve students’ continued academic success in those degree programs.
    Sec. 17.  Section 261E.4, subsection 4, Code 2015, is amended to read as follows:
   4.  A school district shall establish prerequisite coursework for each advanced placement course offered and shall describe the prerequisites in the course registration handbook, which shall be provided to every junior high school or middle school student prior to the development of a core curriculum graduation plan pursuant to section 279.61.
    Sec. 18.  Section 261E.6, subsection 2, Code 2015, is amended to read as follows:
   2.  Notification.  The availability and requirements of this program shall be included in each school district’s student registration handbook. Information about the program shall be provided to the student and the student’s parent or guardian prior to the development of the student’s core curriculum graduation plan under section 279.61. The school district shall establish a process by which students may indicate interest in and apply for enrollment in the program.
    Sec. 19.  Section 261E.8, subsection 1, Code 2015, is amended to read as follows:
   1.  A district-to-community college sharing or concurrent enrollment program is established to be administered by the department to promote rigorous academic or career and technical pursuits and to provide a wider variety of options to high school students to enroll part-time in eligible nonsectarian courses at or through community colleges established under chapter 260C. The program shall be made available to all resident students in grades nine through twelve. Notice of the availability of the program shall be included in a school district’s student registration handbook and the handbook shall identify which courses, if successfully completed, generate college credit under the program. A student and the student’s parent or legal guardian shall also be made aware of this program as a part of the development of the student’s core curriculum graduation plan in accordance with section 279.61.
    Sec. 20.  Section 261E.9, subsection 2, paragraph b, Code 2015, is amended to read as follows:
   b.  A regional academy may include in its curriculum virtual or internet-based coursework and courses delivered via the Iowa communications network, career and technical courses, Iowa core curriculum content standards coursework, courses required pursuant to section 256.7, subsection 26, or section 256.11, subsections 4 and 5, and asynchronous learning networks.
    Sec. 21.  Section 261E.9, subsection 4, Code 2015, is amended to read as follows:
   4.  Information regarding regional academies shall be provided to a student and the student’s parent or guardian prior to the development of the student’s core curriculum graduation plan under section 279.61.
    Sec. 22.  Section 261E.10, subsection 4, Code 2015, is amended to read as follows:
   4.  Information regarding career academies shall be provided by the school district to a student and the student’s parent or guardian prior to the development of the student’s core curriculum graduation plan under section 279.61.
    Sec. 23.  Section 262.9, subsection 33, paragraph c, Code 2015, is amended to read as follows:
   c.  Develop criteria to prioritize the Iowa core curriculum areas content standards and create or review transition guides for the Iowa core curriculum areas content standards.
    Sec. 24.  Section 279.61, Code 2015, is amended to read as follows:
   279.61  Student plan for progress toward university admissions —— report.
   1.  For the school year beginning July 1, 2008, and each succeeding school year, the The board of directors of each school district shall cooperate with each student enrolled in grade eight to develop for the student a core curriculum plan to guide the student toward the goal of successfully completing, at a minimum, the core curriculum developed high school graduation requirements adopted by the state board of education pursuant to section 256.7, subsection 26, by the time the student graduates from high school. The plan shall include career options and shall identify the coursework needed in grades nine through twelve to support the student’s postsecondary education and career options. Additionally, the plan shall include a timeline for each student to successfully complete, prior to graduation, all components of the state-designated career information and decision-making system administered by the department in accordance with section 118 of the federal Carl D. Perkins Career and Technical Education Improvement Act of 2006, Pub. L. No. 109-270. The student’s parent or guardian shall sign the core curriculum graduation plan developed with the student and the signed plan shall be included in the student’s cumulative records.
   2.  For the school year beginning July 1, 2008, and each succeeding school year, the The board of directors of each school district shall report annually to each student enrolled in grades nine through twelve in the school district, and, if the student is under the age of eighteen, to each student’s parent or guardian, the student’s progress toward meeting the goal of successfully completing the core curriculum and high school graduation requirements adopted by the state board of education pursuant to section 256.7, subsection 26.
    Sec. 25.  Section 280.3, subsection 3, paragraphs a and b, Code 2015, are amended to read as follows:
   a.  Adopt an implementation plan by July 1, 2010, which provides for the adoption each year of at least one subject area included in the Iowa core curriculum subject area each year content standards as established by the state board of education for grades nine through twelve pursuant to section 256.7, subsection 26. The Iowa core curriculum content standards established for grades nine through twelve by the state board of education pursuant to section 256.7, subsection 26, shall be fully implemented by each school district and school by July 1, 2012.
   b.  Adopt an implementation plan, by July 1, 2012, which provides for the full implementation of the Iowa core curriculum content standards established for kindergarten through grade eight by the state board of education pursuant to section 256.7, subsection 26, by the 2014-2015 school year.
    Sec. 26.  PUBLIC COMMENT RELATING TO IOWA CORE CONTENT STANDARDS AND ASSESSMENT STANDARDS.  The department of education shall initiate a process to obtain public input on the Iowa core content standards and the assessment standards adopted pursuant to section 256.7, subsections 26 and 28, shall identify opportunities to strengthen the Iowa core content standards and the assessment standards, and shall do the following:
   1.  Receive public comments on its internet site regarding the Iowa core content standards and the assessment standards.
   2.  Hold at least three public hearings regarding the Iowa core content standards and the assessment 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 Iowa core content standards or the assessment 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, 2016.
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 continues to direct the state board to adopt sets of academic and assessment standards, but amends the terms used to describe the standards. The bill replaces the terms “core curriculum”, “Iowa core curriculum”, and “Iowa common core”, which were used to describe the academic standards adopted by the state board, with the term “Iowa core content standards”. 
   Also, provisions directing school districts to cooperate with each eighth grade student on a core curriculum plan to meet core curriculum requirements are amended to replace “core curriculum plan” with “graduation plan” and “core curriculum requirements” with “high school graduation requirements”. 
   The term “core content standards”, which was used to describe the assessment standards adopted by the state board, is replaced with the term “assessment standards”. The assessment standards will remain applicable to all students in kindergarten through grade 12 in every school district and accredited nonpublic school. Corresponding changes are made throughout the Code, and obsolete language is eliminated. 
   The bill states legislative intent that the selection 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 Iowa core content standards and the assessment standards. Periodically, beginning January 1, 2016, the state board must review, accept public comments regarding, and revise as necessary, the Iowa core content standards and the assessment standards.
   The director is currently required to develop and distribute technical assistance and implementation strategies for the academic standards that school districts and accredited nonpublic schools shall use. The bill makes such use by school districts and schools voluntary.
   The director is further directed to submit an annual report to the general assembly by January 15 regarding the activities, findings, and student progress under the Iowa core content standards and the assessment standards. The annual report shall include the department’s findings and recommendations. The bill prohibits the director from implementing revisions or modifications to the Iowa core content standards after January 1, 2015, and to the assessment 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, 2015, 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, family or student voting status, family or student political affiliations, family or student religious affiliations, telephone information other than contact phone numbers, 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 state and 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 IOWA CORE CONTENT STANDARDS AND ASSESSMENT STANDARDS. The department also must initiate a process to obtain public input on the Iowa core content standards and assessment standards; shall identify opportunities to strengthen the Iowa core content standards and assessment standards; receive public comments on its internet site regarding the Iowa core content standards and assessment standards; hold at least three public hearings, in at least three geographically diverse venues around the state, regarding the Iowa core content standards and assessment 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 Iowa core content standards and assessment 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, 2016.