House Study Bill 564 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF EDUCATION BILL) A BILL FOR An Act relating to matters involving the state board and 1 department of education to reflect current practices, delete 2 redundancies and inaccuracies, and resolve inconsistencies. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5185XD (10) 87 kh/rj
S.F. _____ H.F. _____ Section 1. Section 85.20, subsection 3, Code 2018, is 1 amended to read as follows: 2 3. For a student participating in a work-based learning 3 opportunity as provided in section 85.61 , against the student’s 4 school district of residence, receiving school district if 5 the student is participating in open enrollment under section 6 282.18 , accredited nonpublic school, community college, 7 and directors, officers, authorities, and employees of the 8 applicable school district corporation . 9 Sec. 2. Section 256.7, subsection 21, paragraph b, 10 unnumbered paragraph 1, Code 2018, is amended to read as 11 follows: 12 A set of core academic indicators in mathematics and reading 13 in grades four, eight, and eleven, a set of core academic 14 indicators in science in grades eight and eleven ten , and 15 another set of core indicators that includes but is not limited 16 to graduation rate, postsecondary education, and successful 17 employment in Iowa. Annually, the department shall report 18 state data for each indicator in the condition of education 19 report. 20 Sec. 3. Section 256.7, subsection 21, paragraph c, Code 21 2018, is amended by striking the paragraph. 22 Sec. 4. Section 256.7, subsection 28, Code 2018, is amended 23 to read as follows: 24 28. Adopt a set of core content standards applicable to 25 all students in kindergarten through grade twelve in every 26 school district and accredited nonpublic school. For purposes 27 of this subsection , “core content standards” includes reading, 28 mathematics, and science. The core content standards shall 29 be identical to the core content standards included in Iowa’s 30 approved 2006 standards and assessment system under Tit. I 31 of the federal Elementary and Secondary Education Act of 32 1965, 20 U.S.C. §6301 et seq., as amended by the federal No 33 Child Left Behind Act of 2001, Pub. L. No. 107-110. School 34 districts and accredited nonpublic schools shall include, at a 35 -1- LSB 5185XD (10) 87 kh/rj 1/ 10
S.F. _____ H.F. _____ minimum, the core content standards adopted pursuant to this 1 subsection in any set of locally developed content standards. 2 School districts and accredited nonpublic schools are strongly 3 encouraged to set higher expectations in local standards. As 4 changes in federal law or regulation occur, the state board is 5 authorized to amend the core content standards as appropriate. 6 Sec. 5. Section 256.9, subsection 49, paragraph a, Code 7 2018, is amended to read as follows: 8 a. Develop and distribute, in collaboration with the area 9 education agencies, core curriculum technical assistance and 10 implementation strategies that school districts and accredited 11 nonpublic schools shall utilize, including but not limited to 12 the development and delivery of formative and end-of-course 13 model assessments classroom teachers may use to measure student 14 progress on the core curriculum adopted pursuant to section 15 256.7, subsection 26 . The department shall, in collaboration 16 with the advisory group convened in accordance with paragraph 17 “b” and educational assessment providers, identify and make 18 available to school districts end-of-course and additional 19 model end-of-course and additional assessments to align with 20 the expectations included in the Iowa core curriculum. The 21 model assessments shall be suitable to meet the multiple 22 assessment measures requirement specified in section 256.7, 23 subsection 21 , paragraph “c” . 24 Sec. 6. Section 256.9, subsection 55, Code 2018, is amended 25 by striking the subsection. 26 Sec. 7. Section 256.16, subsection 1, Code 2018, is amended 27 by adding the following new paragraphs: 28 NEW PARAGRAPH . d. Require that each student admitted to an 29 approved practitioner preparation program participate in field 30 experiences that include both observation and participation in 31 teaching activities in a variety of school settings. These 32 field experiences shall comprise a total of at least fifty 33 hours in duration, at least ten hours of which shall occur 34 prior to a student’s acceptance in an approved practitioner 35 -2- LSB 5185XD (10) 87 kh/rj 2/ 10
S.F. _____ H.F. _____ preparation program. The student teaching experience shall be 1 a minimum of fourteen weeks in duration during the student’s 2 final year of the practitioner preparation program. The 3 program shall make every reasonable effort to offer the student 4 teaching experience prior to a student’s last semester, or 5 equivalent, in the program, and to expand the student’s student 6 teaching opportunities beyond one semester or the equivalent. 7 NEW PARAGRAPH . e. Require that faculty members in 8 professional education maintain an ongoing involvement in 9 activities in elementary, middle, or secondary schools. The 10 activities shall include at least forty hours of team teaching 11 during a period not exceeding five years in duration at the 12 elementary, middle, or secondary level. 13 NEW PARAGRAPH . f. Include instruction in skills and 14 strategies to be used in classroom management of individuals, 15 and of small and large groups, under varying conditions; 16 skills for communicating and working constructively with 17 pupils, teachers, administrators, and parents; preparation in 18 reading theory, knowledge, strategies, and approaches, and 19 for integrating literacy instruction into content areas in 20 accordance with this section; and skills for understanding the 21 role of the state board and the functions of other education 22 agencies in the state. Rules adopted in accordance with this 23 paragraph shall be based upon recommendations of the department 24 after consultation with teacher education faculty members in 25 colleges and universities. 26 NEW PARAGRAPH . g. Prescribe minimum experiences and 27 responsibilities to be accomplished during the student teaching 28 experience by the student teacher and by the cooperating 29 teacher based upon recommendations of the department after 30 consultation with teacher education faculty members in 31 colleges and universities. The student teaching experience 32 shall include opportunities for the student teacher to become 33 knowledgeable about the Iowa teaching standards, including 34 but not limited to a mock evaluation performed by the 35 -3- LSB 5185XD (10) 87 kh/rj 3/ 10
S.F. _____ H.F. _____ cooperating teacher. The mock evaluation shall not be used as 1 an assessment tool by the practitioner preparation program. 2 The student teaching experience shall consist of interactive 3 experiences involving the college or university personnel, the 4 student teacher, the cooperating teacher, and administrative 5 personnel from the cooperating teacher’s school district. 6 NEW PARAGRAPH . h. Offer annually a workshop of at least 7 one day in duration for prospective cooperating teachers. The 8 workshop shall define the objectives of the student teaching 9 experience, review the responsibilities of the cooperating 10 teacher, and provide the cooperating teacher with other 11 information and assistance the institution deems necessary. 12 NEW PARAGRAPH . i. Provide practitioner preparation students 13 with instruction in the use of electronic technology for 14 classroom and instructional purposes. 15 NEW PARAGRAPH . j. Annually solicit the views of the 16 education community regarding the institution’s practitioner 17 preparation programs. 18 NEW PARAGRAPH . k. Submit evidence that the college or 19 department of education in the institution is communicating 20 with other colleges or departments in the institution so that 21 practitioner preparation students may integrate teaching 22 methodology with subject matter areas of specialization. 23 NEW PARAGRAPH . l. Submit evidence that the performance 24 evaluation of a student teacher is a cooperative process that 25 involves both the faculty member supervising the student 26 teacher and the cooperating teacher. The rules shall require 27 that each institution develop a written evaluation procedure 28 for use by the cooperating teacher and a form for evaluating 29 student teachers, and require that a copy of the completed form 30 be included in the student teacher’s permanent record. 31 NEW PARAGRAPH . m. If the rules adopted by the board of 32 educational examiners for issuance of any type or class of 33 license require an applicant to complete work in student 34 teaching, pre-student teaching experiences, field experiences, 35 -4- LSB 5185XD (10) 87 kh/rj 4/ 10
S.F. _____ H.F. _____ practicums, clinicals, or internships, enter into a written 1 contract with any school district, accredited nonpublic school, 2 preschool registered or licensed by the department of human 3 services, or area education agency in Iowa, to provide for 4 such work under terms and conditions as agreed upon by the 5 contracting parties. The terms and conditions of a written 6 contract entered into with a preschool pursuant to this 7 paragraph shall require that a student teacher be under the 8 direct supervision of an appropriately licensed cooperating 9 teacher who is employed to teach at the preschool. Students 10 actually teaching or engaged in preservice licensure activities 11 in a school district under the terms of such a contract are 12 entitled to the same protection under section 670.8 as is 13 afforded by that section to officers and employees of the 14 school district, during the time such students are so assigned. 15 Sec. 8. Section 256F.3, subsection 1, Code 2018, is amended 16 to read as follows: 17 1. The state board of education shall apply for a federal 18 grant under Pub. L. No. 107-110 , cited as the federal No Child 19 Left Behind Act of 2001 , Tit. V, pt. B, subpt. 1, for purposes 20 of providing financial assistance for the planning, program 21 design, and initial implementation of public charter schools. 22 The department shall monitor the effectiveness of charter 23 schools and innovation zone schools and shall implement the 24 applicable provisions of this chapter . 25 Sec. 9. Section 257.50, Code 2018, is amended to read as 26 follows: 27 257.50 Federal assistance —— school district 28 responsibilities. 29 The director of the department of education, in accepting 30 and administering federal funds in accordance with section 31 256.9, subsection 7 , shall upon receiving federal grant moneys 32 under the federal 21st Century Community Learning Center 33 Grant, Tit. IV, pt. B of the federal No Child Left Behind 34 Elementary and Secondary Education Act of 2001 1965 , Pub. L. 35 -5- LSB 5185XD (10) 87 kh/rj 5/ 10
S.F. _____ H.F. _____ No. 107-110 as amended by the federal Every Student Succeeds 1 Act, as amended, 20 U.S.C., §7171-7176 , designate that a school 2 district be the fiscal agent for an eligible local grant. 3 Whenever possible, the grant applicant school district shall 4 collaborate with a community-based organization, a public 5 or private entity, or a consortium of two or more of such 6 organizations or entities in establishing a community learning 7 center. The department shall give priority to applications for 8 programs serving students determined through research-based 9 methods to be in the greatest need of eligible services. 10 Notwithstanding the provisions of this section , if federal 11 rules or regulations relating to the 21st Century Community 12 Learning Center Grant are adopted that are inconsistent with 13 the provisions of this section , the department of education 14 shall comply with the requirements of the federal rules or 15 regulations. 16 Sec. 10. Section 280.19, Code 2018, is amended to read as 17 follows: 18 280.19 Plans for at-risk children. 19 The board of directors of each public school district shall 20 incorporate, into the kindergarten admissions program, criteria 21 and procedures for identification and integration of at-risk 22 children and their developmental needs. This incorporation 23 shall be part of the comprehensive school improvement plan 24 developed and implemented in accordance with section 256.7, 25 subsection 21 , paragraphs paragraph “a” and “c” . 26 Sec. 11. Section 280.21, subsection 1, Code 2018, is amended 27 to read as follows: 28 1. An employee of an accredited a public school district, 29 accredited nonpublic school, or area education agency shall not 30 inflict, or cause to be inflicted, corporal punishment upon a 31 student. For purposes of this section , “corporal punishment” 32 means the intentional physical punishment of a student. An 33 employee’s physical contact with the body of a student shall 34 not be considered corporal punishment if it is reasonable 35 -6- LSB 5185XD (10) 87 kh/rj 6/ 10
S.F. _____ H.F. _____ and necessary under the circumstances and is not designed or 1 intended to cause pain or if the employee uses reasonable 2 force, as defined under section 704.1 , for the protection of 3 the employee, the student, or other students; to obtain the 4 possession of a weapon or other dangerous object within a 5 student’s control; or for the protection of property. The 6 department of education shall adopt rules to implement this 7 section . 8 Sec. 12. Section 280.26, Code 2018, is amended to read as 9 follows: 10 280.26 Intervention in altercations. 11 1. An employee of an accredited a public school district, 12 accredited nonpublic school, or area education agency may 13 intervene in a fight or physical struggle occurring among 14 students or between students and nonstudents that takes place 15 in the presence of the school employee in a school building, on 16 school premises, or at any school function or school-sponsored 17 activity regardless of its location. The degree and force of 18 the intervention may be as reasonably necessary, in the opinion 19 of the school employee, to restore order and protect the safety 20 of the individuals involved in the altercation and others in 21 the vicinity of the altercation. 22 2. A person who is not an employee of an accredited a 23 public school district, accredited nonpublic school, or area 24 education agency may intervene in a fight or physical struggle 25 occurring among students, or between students and nonstudents, 26 that takes place in the presence of the nonemployee in a school 27 building, on school premises, or at any school function or 28 school-sponsored activity regardless of its location. The 29 intervention may occur in the absence of an employee of an 30 accredited a public school district, accredited nonpublic 31 school, or area education agency, or at the request of such 32 an employee, utilizing the degree and force of intervention 33 reasonably necessary to restore order and protect the safety of 34 the individuals involved in the altercation and others in the 35 -7- LSB 5185XD (10) 87 kh/rj 7/ 10
S.F. _____ H.F. _____ vicinity of the altercation. However, a person who intervenes 1 in the absence of an employee of an accredited a public school 2 district, accredited nonpublic school, or area education agency 3 shall report the intervention and all relevant information 4 regarding the situation as soon as reasonably possible to such 5 an employee. 6 3. An employee of an accredited a public school district, 7 accredited nonpublic school, or area education agency who 8 intervenes in a fight or physical struggle pursuant to 9 subsection 1 shall be awarded reasonable monetary damages 10 against a party bringing a civil action alleging a violation 11 of this section , if it is determined in the action that the 12 employee has been wrongfully accused. A nonemployee of an 13 accredited a public school district, accredited nonpublic 14 school, or area education agency who intervenes in a fight or 15 physical struggle pursuant to subsection 2 shall be limited to 16 the recovery of reasonable attorney fees and court costs, if it 17 is determined in a civil action alleging a violation of this 18 section that the nonemployee has been wrongfully accused. 19 Sec. 13. Section 613.21, Code 2018, is amended to read as 20 follows: 21 613.21 Immunity from civil suit. 22 An employee of an accredited a public school district, 23 accredited nonpublic school, or area education agency shall 24 be immune from civil suit for reasonable acts undertaken in 25 good faith relating to participation in the making of a report 26 and any resulting investigation or administrative or judicial 27 proceedings regarding violence, threats of violence, or other 28 inappropriate activity against a school employee or student, 29 pursuant to the provisions of section 280.27 . 30 Sec. 14. REPEAL. Sections 256.26, 272.25, and 272.27, Code 31 2018, are repealed. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -8- LSB 5185XD (10) 87 kh/rj 8/ 10
S.F. _____ H.F. _____ This bill restores a word changed by legislation enacted in 1 2016, transfers statutory provisions relating to practitioner 2 preparation programs from Code sections 272.25 and 272.27 to 3 Code section 256.16, eliminates obsolete language relating to 4 the federal No Child Left Behind (NCLB) Act of 2001, strikes 5 an unnecessary modifier used when referring to a public 6 school district, and repeals the before and after school grant 7 program. 8 WORK-BASED LEARNING OPPORTUNITY —— CORPORATION. 2016 9 Iowa Acts, ch. 1108(13), House File 2392, replaced the word 10 “corporation” with “district” in Code section 85.20(3) but 11 because the sentence refers to a school district, accredited 12 nonpublic school, community college, and directors, officers, 13 authorities, and the employees of such, this bill restores the 14 more appropriate word, “corporation”, to the sentence. 15 CORE ACADEMIC INDICATORS IN SCIENCE. To correspond with 16 a change in the assessment requirements enacted in 2017, the 17 bill requires that the state board’s rules provide a set of 18 core academic indicators in science in grade 10, rather than 19 the current requirement for core academic indicators in science 20 in grade 11. 21 OBSOLETE NCLB-RELATED PROVISIONS. The bill strikes 22 language providing for a requirement that school districts and 23 accredited nonpublic schools annually report to the department 24 and to the local community the district-wide progress made 25 in attaining student achievement goals, demonstrate the 26 use of multiple assessment measures in determining student 27 achievement, and submit to the department related student 28 data. The requirement included the use of uniform definitions 29 consistent with the federal NCLB Act. The bill makes 30 corresponding changes. The bill strikes provisions requiring 31 that the core content standards adopted by the state board 32 be identical to the 2006 standards and assessment system 33 approved by the federal department of education; requiring 34 a school district with a low-achieving attendance center to 35 -9- LSB 5185XD (10) 87 kh/rj 9/ 10
S.F. _____ H.F. _____ implement one or more of the interventions mandated by the 1 federal department of education under the federal NCLB Act, and 2 requiring that such a school district meet with the employee 3 organization representing the school district’s teachers to 4 negotiate a memorandum of understanding relating to the terms 5 of any collective bargaining agreement between the parties; and 6 a provision requiring the state board to apply for a federal 7 grant under the federal NCLB Act. 8 PRACTITIONER PREPARATION PROGRAMS —— STATE BOARD RULES. The 9 state board of education has a statutory duty to prescribe 10 standards and procedures for the approval of practitioner 11 preparation programs and professional development programs 12 offered in this state by postsecondary institutions located 13 within or outside this state and by area education agencies. 14 Currently, statutory provisions relating to the state board’s 15 responsibility to adopt rules relating to institutions that 16 offer practitioner preparation programs and professional 17 development programs are located in Code chapters 256 18 (department of education) and 272 (educational examiners 19 board). The bill transfers such statutory language from 20 Code chapter 272 to Code section 256.16 (specific criteria 21 for teacher preparation and certain educators), eliminates a 22 reference to “professional development institution” that was 23 not defined or used elsewhere in Iowa Code or rule, and removes 24 resulting redundancies by repealing Code sections 272.25 and 25 272.27. 26 BEFORE AND AFTER SCHOOL GRANT PROGRAM —— REPEALED. The bill 27 repeals the before and after school grant program, which was 28 established to provide competitive grants to school districts 29 and other public and private organizations to expand the 30 availability of before and after school programs and summer 31 schools. The program has not received state funding since the 32 2008-2009 fiscal year. 33 -10- LSB 5185XD (10) 87 kh/rj 10/ 10