Senate File 2114 - Introduced SENATE FILE 2114 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 3029) 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 5185SV (2) 87 kh/rj
S.F. 2114 Section 1. Section 256.7, subsection 21, paragraph b, 1 unnumbered paragraph 1, Code 2018, is amended to read as 2 follows: 3 A set of core academic indicators in mathematics and reading 4 in grades four, eight, and eleven, a set of core academic 5 indicators in science in grades eight and eleven ten , and 6 another set of core indicators that includes but is not limited 7 to graduation rate, postsecondary education, and successful 8 employment in Iowa. Annually, the department shall report 9 state data for each indicator in the condition of education 10 report. 11 Sec. 2. Section 256.7, subsection 21, paragraph c, Code 12 2018, is amended by striking the paragraph. 13 Sec. 3. Section 256.7, subsection 28, Code 2018, is amended 14 to read as follows: 15 28. Adopt a set of core content standards applicable to 16 all students in kindergarten through grade twelve in every 17 school district and accredited nonpublic school. For purposes 18 of this subsection , “core content standards” includes reading, 19 mathematics, and science. The core content standards shall 20 be identical to the core content standards included in Iowa’s 21 approved 2006 standards and assessment system under Tit. I 22 of the federal Elementary and Secondary Education Act of 23 1965, 20 U.S.C. §6301 et seq., as amended by the federal No 24 Child Left Behind Act of 2001, Pub. L. No. 107-110. School 25 districts and accredited nonpublic schools shall include, at a 26 minimum, the core content standards adopted pursuant to this 27 subsection in any set of locally developed content standards. 28 School districts and accredited nonpublic schools are strongly 29 encouraged to set higher expectations in local standards. As 30 changes in federal law or regulation occur, the state board is 31 authorized to amend the core content standards as appropriate. 32 Sec. 4. Section 256.9, subsection 49, paragraph a, Code 33 2018, is amended to read as follows: 34 a. Develop and distribute, in collaboration with the area 35 -1- LSB 5185SV (2) 87 kh/rj 1/ 10
S.F. 2114 education agencies, core curriculum technical assistance and 1 implementation strategies that school districts and accredited 2 nonpublic schools shall utilize, including but not limited to 3 the development and delivery of formative and end-of-course 4 model assessments classroom teachers may use to measure student 5 progress on the core curriculum adopted pursuant to section 6 256.7, subsection 26 . The department shall, in collaboration 7 with the advisory group convened in accordance with paragraph 8 “b” and educational assessment providers, identify and make 9 available to school districts end-of-course and additional 10 model end-of-course and additional assessments to align with 11 the expectations included in the Iowa core curriculum. The 12 model assessments shall be suitable to meet the multiple 13 assessment measures requirement specified in section 256.7, 14 subsection 21 , paragraph “c” . 15 Sec. 5. Section 256.9, subsection 55, Code 2018, is amended 16 by striking the subsection. 17 Sec. 6. Section 256.16, subsection 1, Code 2018, is amended 18 by adding the following new paragraphs: 19 NEW PARAGRAPH . d. Require that each student admitted to an 20 approved practitioner preparation program participate in field 21 experiences that include both observation and participation in 22 teaching activities in a variety of school settings. These 23 field experiences shall comprise a total of at least fifty 24 hours in duration, at least ten hours of which shall occur 25 prior to a student’s acceptance in an approved practitioner 26 preparation program. The student teaching experience shall be 27 a minimum of fourteen weeks in duration during the student’s 28 final year of the practitioner preparation program. The 29 program shall make every reasonable effort to offer the student 30 teaching experience prior to a student’s last semester, or 31 equivalent, in the program, and to expand the student’s student 32 teaching opportunities beyond one semester or the equivalent. 33 NEW PARAGRAPH . e. Require that faculty members in 34 professional education maintain an ongoing involvement in 35 -2- LSB 5185SV (2) 87 kh/rj 2/ 10
S.F. 2114 activities in elementary, middle, or secondary schools. The 1 activities shall include at least forty hours of team teaching 2 during a period not exceeding five years in duration at the 3 elementary, middle, or secondary level. 4 NEW PARAGRAPH . f. Include instruction in skills and 5 strategies to be used in classroom management of individuals, 6 and of small and large groups, under varying conditions; 7 skills for communicating and working constructively with 8 pupils, teachers, administrators, and parents; preparation in 9 reading theory, knowledge, strategies, and approaches, and 10 for integrating literacy instruction into content areas in 11 accordance with this section; and skills for understanding the 12 role of the state board and the functions of other education 13 agencies in the state. Rules adopted in accordance with this 14 paragraph shall be based upon recommendations of the department 15 after consultation with teacher education faculty members in 16 colleges and universities. 17 NEW PARAGRAPH . g. Prescribe minimum experiences and 18 responsibilities to be accomplished during the student teaching 19 experience by the student teacher and by the cooperating 20 teacher based upon recommendations of the department after 21 consultation with teacher education faculty members in 22 colleges and universities. The student teaching experience 23 shall include opportunities for the student teacher to become 24 knowledgeable about the Iowa teaching standards, including 25 but not limited to a mock evaluation performed by the 26 cooperating teacher. The mock evaluation shall not be used as 27 an assessment tool by the practitioner preparation program. 28 The student teaching experience shall consist of interactive 29 experiences involving the college or university personnel, the 30 student teacher, the cooperating teacher, and administrative 31 personnel from the cooperating teacher’s school district. 32 NEW PARAGRAPH . h. Offer annually a workshop of at least 33 one day in duration for prospective cooperating teachers. The 34 workshop shall define the objectives of the student teaching 35 -3- LSB 5185SV (2) 87 kh/rj 3/ 10
S.F. 2114 experience, review the responsibilities of the cooperating 1 teacher, and provide the cooperating teacher with other 2 information and assistance the institution deems necessary. 3 NEW PARAGRAPH . i. Provide practitioner preparation students 4 with instruction in the use of electronic technology for 5 classroom and instructional purposes. 6 NEW PARAGRAPH . j. Annually solicit the views of the 7 education community regarding the institution’s practitioner 8 preparation programs. 9 NEW PARAGRAPH . k. Submit evidence that the college or 10 department of education in the institution is communicating 11 with other colleges or departments in the institution so that 12 practitioner preparation students may integrate teaching 13 methodology with subject matter areas of specialization. 14 NEW PARAGRAPH . l. Submit evidence that the performance 15 evaluation of a student teacher is a cooperative process that 16 involves both the faculty member supervising the student 17 teacher and the cooperating teacher. The rules shall require 18 that each institution develop a written evaluation procedure 19 for use by the cooperating teacher and a form for evaluating 20 student teachers, and require that a copy of the completed form 21 be included in the student teacher’s permanent record. 22 NEW PARAGRAPH . m. If the rules adopted by the board of 23 educational examiners for issuance of any type or class of 24 license require an applicant to complete work in student 25 teaching, pre-student teaching experiences, field experiences, 26 practicums, clinicals, or internships, enter into a written 27 contract with any school district, accredited nonpublic school, 28 preschool registered or licensed by the department of human 29 services, or area education agency in Iowa, to provide for 30 such work under terms and conditions as agreed upon by the 31 contracting parties. The terms and conditions of a written 32 contract entered into with a preschool pursuant to this 33 paragraph shall require that a student teacher be under the 34 direct supervision of an appropriately licensed cooperating 35 -4- LSB 5185SV (2) 87 kh/rj 4/ 10
S.F. 2114 teacher who is employed to teach at the preschool. Students 1 actually teaching or engaged in preservice licensure activities 2 in a school district under the terms of such a contract are 3 entitled to the same protection under section 670.8 as is 4 afforded by that section to officers and employees of the 5 school district, during the time such students are so assigned. 6 Sec. 7. Section 256F.3, subsection 1, Code 2018, is amended 7 to read as follows: 8 1. The state board of education shall apply for a federal 9 grant under Pub. L. No. 107-110 , cited as the federal No Child 10 Left Behind Act of 2001 , Tit. V, pt. B, subpt. 1, for purposes 11 of providing financial assistance for the planning, program 12 design, and initial implementation of public charter schools. 13 The department shall monitor the effectiveness of charter 14 schools and innovation zone schools and shall implement the 15 applicable provisions of this chapter . 16 Sec. 8. Section 257.50, Code 2018, is amended to read as 17 follows: 18 257.50 Federal assistance —— school district 19 responsibilities. 20 The director of the department of education, in accepting 21 and administering federal funds in accordance with section 22 256.9, subsection 7 , shall upon receiving federal grant moneys 23 under the federal 21st Century Community Learning Center 24 Grant, Tit. IV, pt. B of the federal No Child Left Behind 25 Elementary and Secondary Education Act of 2001 1965 , Pub. L. 26 No. 107-110 as amended by the federal Every Student Succeeds 27 Act, as amended, 20 U.S.C., §7171-7176 , designate that a school 28 district be the fiscal agent for an eligible local grant. 29 Whenever possible, the grant applicant school district shall 30 collaborate with a community-based organization, a public 31 or private entity, or a consortium of two or more of such 32 organizations or entities in establishing a community learning 33 center. The department shall give priority to applications for 34 programs serving students determined through research-based 35 -5- LSB 5185SV (2) 87 kh/rj 5/ 10
S.F. 2114 methods to be in the greatest need of eligible services. 1 Notwithstanding the provisions of this section , if federal 2 rules or regulations relating to the 21st Century Community 3 Learning Center Grant are adopted that are inconsistent with 4 the provisions of this section , the department of education 5 shall comply with the requirements of the federal rules or 6 regulations. 7 Sec. 9. Section 280.19, Code 2018, is amended to read as 8 follows: 9 280.19 Plans for at-risk children. 10 The board of directors of each public school district shall 11 incorporate, into the kindergarten admissions program, criteria 12 and procedures for identification and integration of at-risk 13 children and their developmental needs. This incorporation 14 shall be part of the comprehensive school improvement plan 15 developed and implemented in accordance with section 256.7, 16 subsection 21 , paragraphs paragraph “a” and “c” . 17 Sec. 10. Section 280.21, subsection 1, Code 2018, is amended 18 to read as follows: 19 1. An employee of an accredited a public school district, 20 accredited nonpublic school, or area education agency shall not 21 inflict, or cause to be inflicted, corporal punishment upon a 22 student. For purposes of this section , “corporal punishment” 23 means the intentional physical punishment of a student. An 24 employee’s physical contact with the body of a student shall 25 not be considered corporal punishment if it is reasonable 26 and necessary under the circumstances and is not designed or 27 intended to cause pain or if the employee uses reasonable 28 force, as defined under section 704.1 , for the protection of 29 the employee, the student, or other students; to obtain the 30 possession of a weapon or other dangerous object within a 31 student’s control; or for the protection of property. The 32 department of education shall adopt rules to implement this 33 section . 34 Sec. 11. Section 280.26, Code 2018, is amended to read as 35 -6- LSB 5185SV (2) 87 kh/rj 6/ 10
S.F. 2114 follows: 1 280.26 Intervention in altercations. 2 1. An employee of an accredited a public school district, 3 accredited nonpublic school, or area education agency may 4 intervene in a fight or physical struggle occurring among 5 students or between students and nonstudents that takes place 6 in the presence of the school employee in a school building, on 7 school premises, or at any school function or school-sponsored 8 activity regardless of its location. The degree and force of 9 the intervention may be as reasonably necessary, in the opinion 10 of the school employee, to restore order and protect the safety 11 of the individuals involved in the altercation and others in 12 the vicinity of the altercation. 13 2. A person who is not an employee of an accredited a 14 public school district, accredited nonpublic school, or area 15 education agency may intervene in a fight or physical struggle 16 occurring among students, or between students and nonstudents, 17 that takes place in the presence of the nonemployee in a school 18 building, on school premises, or at any school function or 19 school-sponsored activity regardless of its location. The 20 intervention may occur in the absence of an employee of an 21 accredited a public school district, accredited nonpublic 22 school, or area education agency, or at the request of such 23 an employee, utilizing the degree and force of intervention 24 reasonably necessary to restore order and protect the safety of 25 the individuals involved in the altercation and others in the 26 vicinity of the altercation. However, a person who intervenes 27 in the absence of an employee of an accredited a public school 28 district, accredited nonpublic school, or area education agency 29 shall report the intervention and all relevant information 30 regarding the situation as soon as reasonably possible to such 31 an employee. 32 3. An employee of an accredited a public school district, 33 accredited nonpublic school, or area education agency who 34 intervenes in a fight or physical struggle pursuant to 35 -7- LSB 5185SV (2) 87 kh/rj 7/ 10
S.F. 2114 subsection 1 shall be awarded reasonable monetary damages 1 against a party bringing a civil action alleging a violation 2 of this section , if it is determined in the action that the 3 employee has been wrongfully accused. A nonemployee of an 4 accredited a public school district, accredited nonpublic 5 school, or area education agency who intervenes in a fight or 6 physical struggle pursuant to subsection 2 shall be limited to 7 the recovery of reasonable attorney fees and court costs, if it 8 is determined in a civil action alleging a violation of this 9 section that the nonemployee has been wrongfully accused. 10 Sec. 12. Section 613.21, Code 2018, is amended to read as 11 follows: 12 613.21 Immunity from civil suit. 13 An employee of an accredited a public school district, 14 accredited nonpublic school, or area education agency shall 15 be immune from civil suit for reasonable acts undertaken in 16 good faith relating to participation in the making of a report 17 and any resulting investigation or administrative or judicial 18 proceedings regarding violence, threats of violence, or other 19 inappropriate activity against a school employee or student, 20 pursuant to the provisions of section 280.27 . 21 Sec. 13. REPEAL. Sections 256.26, 272.25, and 272.27, Code 22 2018, are repealed. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill transfers statutory provisions relating to 27 practitioner preparation programs from Code sections 272.25 and 28 272.27 to Code section 256.16, eliminates obsolete language 29 relating to the federal No Child Left Behind (NCLB) Act of 30 2001, strikes an unnecessary modifier used when referring to a 31 public school district, and repeals the before and after school 32 grant program. 33 CORE ACADEMIC INDICATORS IN SCIENCE. To correspond with 34 a change in the assessment requirements enacted in 2017, the 35 -8- LSB 5185SV (2) 87 kh/rj 8/ 10
S.F. 2114 bill requires that the state board’s rules provide a set of 1 core academic indicators in science in grade 10, rather than 2 the current requirement for core academic indicators in science 3 in grade 11. 4 OBSOLETE NCLB-RELATED PROVISIONS. The bill strikes 5 language providing for a requirement that school districts and 6 accredited nonpublic schools annually report to the department 7 and to the local community the district-wide progress made 8 in attaining student achievement goals, demonstrate the 9 use of multiple assessment measures in determining student 10 achievement, and submit to the department related student 11 data. The requirement included the use of uniform definitions 12 consistent with the federal NCLB Act. The bill makes 13 corresponding changes. The bill strikes provisions requiring 14 that the core content standards adopted by the state board 15 be identical to the 2006 standards and assessment system 16 approved by the federal department of education; requiring 17 a school district with a low-achieving attendance center to 18 implement one or more of the interventions mandated by the 19 federal department of education under the federal NCLB Act, and 20 requiring that such a school district meet with the employee 21 organization representing the school district’s teachers to 22 negotiate a memorandum of understanding relating to the terms 23 of any collective bargaining agreement between the parties; and 24 a provision requiring the state board to apply for a federal 25 grant under the federal NCLB Act. 26 PRACTITIONER PREPARATION PROGRAMS —— STATE BOARD RULES. The 27 state board of education has a statutory duty to prescribe 28 standards and procedures for the approval of practitioner 29 preparation programs and professional development programs 30 offered in this state by postsecondary institutions located 31 within or outside this state and by area education agencies. 32 Currently, statutory provisions relating to the state board’s 33 responsibility to adopt rules relating to institutions that 34 offer practitioner preparation programs and professional 35 -9- LSB 5185SV (2) 87 kh/rj 9/ 10
S.F. 2114 development programs are located in Code chapters 256 1 (department of education) and 272 (educational examiners 2 board). The bill transfers such statutory language from 3 Code chapter 272 to Code section 256.16 (specific criteria 4 for teacher preparation and certain educators), eliminates a 5 reference to “professional development institution” that was 6 not defined or used elsewhere in Iowa Code or rule, and removes 7 resulting redundancies by repealing Code sections 272.25 and 8 272.27. 9 BEFORE AND AFTER SCHOOL GRANT PROGRAM —— REPEALED. The bill 10 repeals the before and after school grant program, which was 11 established to provide competitive grants to school districts 12 and other public and private organizations to expand the 13 availability of before and after school programs and summer 14 schools. The program has not received state funding since the 15 2008-2009 fiscal year. 16 -10- LSB 5185SV (2) 87 kh/rj 10/ 10