Senate File 475 - Introduced SENATE FILE 475 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 1137) A BILL FOR An Act relating to educational programs developed or 1 administered by the department or state board of education, 2 school districts, or accredited nonpublic schools, and to 3 school-age children’s health screenings, providing for or 4 relating to fees, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1489SV (5) 87 kh/rj

S.F. 475 DIVISION I 1 ONLINE EDUCATION 2 Section 1. Section 256.7, subsection 32, paragraph a, Code 3 2017, is amended to read as follows: 4 a. Adopt rules for online learning in accordance with 5 sections 256.41, 256.42 , and 256.43 , and criteria for waivers 6 granted pursuant to section 256.42 . 7 Sec. 2. Section 256.7, subsection 32, paragraph b, Code 8 2017, is amended by striking the paragraph. 9 Sec. 3. Section 256.7, subsection 32, paragraph c, Code 10 2017, is amended to read as follows: 11 c. Adopt rules that limit the statewide enrollment of 12 pupils in educational instruction and course content that are 13 delivered primarily over the internet to not more than eighteen 14 one-hundredths of one percent of the statewide enrollment of 15 all pupils, and that limit the number of pupils participating 16 in open enrollment for purposes of receiving educational 17 instruction and course content that are delivered primarily 18 over the internet to no more than one percent of a sending 19 district’s enrollment. Such limitations shall not apply if 20 the limitations would prevent siblings from enrolling in the 21 same school district or if a sending district determines that 22 the educational needs of a physically or emotionally fragile 23 student would be best served by educational instruction and 24 course content that are delivered primarily over the internet. 25 Students who meet the requirements of section 282.18 may 26 participate in open enrollment under this paragraph “c” for 27 purposes of enrolling only in the CAM community school district 28 or the Clayton Ridge community school district. 29 (1) The department, in collaboration with the international 30 association for K-12 online learning, shall annually collect 31 data on student performance in educational instruction and 32 course content that are delivered primarily over the internet 33 pursuant to this paragraph “c” . The department shall include 34 such data in its annual report to the general assembly pursuant 35 -1- LSB 1489SV (5) 87 kh/rj 1/ 17

S.F. 475 to subparagraph (4) and shall post the data on the department’s 1 internet site. 2 (2) School districts Adopt rules which require that 3 educational instruction and course content delivered primarily 4 over the internet be aligned with the Iowa core standards as 5 applicable. Under such rules, a school district may develop 6 and offer to students enrolled in the district educational 7 instruction and course content for delivery primarily over the 8 internet. A school district providing educational instruction 9 and course content that are delivered primarily over the 10 internet pursuant to this paragraph “c” shall annually submit 11 to the department, in the manner prescribed by the department, 12 data that includes but is not limited to the following: 13 (a) Student achievement and demographic characteristics. 14 (b) Retention rates. 15 (c) The percentage of enrolled students’ active 16 participation in extracurricular activities. 17 (d) Academic proficiency levels, consistent with 18 requirements applicable to all school districts and accredited 19 nonpublic schools in this state. 20 (e) Academic growth measures, which shall include either of 21 the following: 22 (i) Entry and exit assessments in, at a minimum, math 23 and English for elementary and middle school students, and 24 additional subjects, including science, for high school 25 students. 26 (ii) State-required assessments that track year-over-year 27 improvements in academic proficiency. 28 (f) Academic mobility. To facilitate the tracking 29 of academic mobility, school districts shall request the 30 following information from the parent or guardian of a student 31 enrolled in educational instruction and course content that 32 are delivered primarily over the internet pursuant to this 33 paragraph “c” : 34 (i) For a student newly enrolling, the reasons for choosing 35 -2- LSB 1489SV (5) 87 kh/rj 2/ 17

S.F. 475 such enrollment. 1 (ii) For a student terminating enrollment, the reasons for 2 terminating such enrollment. 3 (g) Student progress toward graduation. Measurement of 4 such progress shall account for specific characteristics of 5 each enrolled student, including but not limited to age and 6 course credit accrued prior to enrollment in educational 7 instruction and course content that are delivered primarily 8 over the internet pursuant to this paragraph “c” , and shall be 9 consistent with evidence-based best practices. 10 (3) The department shall conduct annually a survey of not 11 less than ten percent of the total number of students enrolled 12 as authorized under this paragraph “c” and section 282.18 , to 13 determine whether students are enrolled under this paragraph 14 “c” and section 282.18 to receive educational instruction and 15 course content primarily over the internet or are students who 16 are receiving competent private instruction from a licensed 17 practitioner provided through a school district pursuant to 18 chapter 299A . 19 (4) (2) The department shall compile and review the data 20 collected pursuant to this paragraph “c” and shall submit its 21 findings and recommendations for the continued delivery of 22 instruction and course content by school districts pursuant to 23 this paragraph “c” over the internet , in a report to the general 24 assembly by January 15 annually. 25 (5) School districts providing educational instruction and 26 course content that are delivered primarily over the internet 27 pursuant to this paragraph “c” shall comply with the following 28 requirements relating to such instruction and content: 29 (a) Monitoring and verifying full-time student enrollment, 30 timely completion of graduation requirements, course credit 31 accrual, and course completion. 32 (b) Monitoring and verifying student progress and 33 performance in each course through a school-based assessment 34 plan that includes submission of coursework and security and 35 -3- LSB 1489SV (5) 87 kh/rj 3/ 17

S.F. 475 validity of testing. 1 (c) Conducting parent-teacher conferences. 2 (d) Administering assessments required by the state to all 3 students in a proctored setting and pursuant to state law. 4 Sec. 4. Section 256.9, subsection 56, Code 2017, is amended 5 to read as follows: 6 56. Develop and establish an online learning program model 7 in accordance with rules adopted pursuant to section 256.7, 8 subsection 32 , paragraph “a” , and in accordance with section 9 256.43 . 10 Sec. 5. Section 256.41, Code 2017, is amended to read as 11 follows: 12 256.41 Online learning requirements —— legislative findings 13 and declarations . 14 1. The general assembly finds and declares the following: 15 a. That prior legislative enactments on the use of 16 telecommunications in elementary and secondary school classes 17 and courses did not contemplate and were not intended to 18 authorize participation in open enrollment under section 282.18 19 for purposes of attending online schools, contracts to provide 20 exclusively or predominantly online coursework to students, or 21 online coursework that does not use teachers licensed under 22 chapter 272 for instruction and supervision. 23 b. That online learning technology has moved ahead of Iowa’s 24 statutory framework and the current administrative rules of the 25 state board, promulgated over twenty years ago, are inadequate 26 to regulate today’s virtual opportunities. 27 A school district providing educational instruction and 28 course content delivered primarily over the internet shall 29 do all of the following with regard to such instruction and 30 content: 31 a. Monitor and verify full-time student enrollment, timely 32 completion of graduation requirements, course credit accrual, 33 and course completion. 34 b. Monitor and verify student progress and performance 35 -4- LSB 1489SV (5) 87 kh/rj 4/ 17

S.F. 475 in each course through a school-based assessment plan that 1 includes submission of coursework and security and validity of 2 testing. 3 c. Conduct parent-teacher conferences. 4 d. Administer assessments required by the state to all 5 students in a proctored setting and pursuant to state law. 6 2. Online learning curricula shall be provided and 7 supervised by a teacher licensed under chapter 272 . 8 Sec. 6. Section 256.42, subsection 7, unnumbered paragraph 9 1, Code 2017, is amended to read as follows: 10 The department may waive for one year at its discretion 11 the provisions of section 256.11, subsection 5 , which require 12 that specified subjects be offered and taught by professional 13 staff of a school district or school, if the school district or 14 school makes every reasonable and good-faith effort to employ 15 a teacher licensed under chapter 272 for such a subject , and 16 the school district or school proves to the satisfaction of 17 the department that the school district or school is unable to 18 employ such a teacher or if fewer than ten students typically 19 register for instruction in a specified subject at the school 20 district or school . The specified subject shall be provided by 21 the initiative. The However, the specified subject may instead 22 be provided by the school district or school if all of the 23 following conditions are met: 24 Sec. 7. Section 256.42, subsection 8, Code 2017, is amended 25 to read as follows: 26 8. The department shall establish fees payable by school 27 districts and accredited nonpublic schools participating in 28 the initiative. Fees collected pursuant to this subsection 29 are appropriated to the department to be used only for the 30 purpose of administering this section and shall be established 31 so as not to exceed the budgeted cost of administering this 32 section to the extent not covered by the moneys appropriated 33 in subsection 9 . Providing professional development 34 necessary to prepare teachers to participate in the initiative 35 -5- LSB 1489SV (5) 87 kh/rj 5/ 17

S.F. 475 shall be considered a cost of administering this section . 1 Notwithstanding section 8.33 , fees collected by the department 2 that remain unencumbered or unobligated at the close of the 3 fiscal year shall not revert but shall remain available for 4 expenditure for the purpose of expanding coursework offered 5 under the initiative in subsequent fiscal years. 6 Sec. 8. Section 256.42, subsection 9, Code 2017, is amended 7 by striking the subsection. 8 Sec. 9. Section 256.43, subsection 1, paragraph i, Code 9 2017, is amended to read as follows: 10 i. Criteria for school districts or schools to use when 11 choosing providers of online learning to meet the online 12 learning program requirements specified in rules adopted 13 pursuant to section 256.7, subsection 32 , paragraph “a” . 14 Sec. 10. Section 256.43, subsection 2, Code 2017, is amended 15 to read as follows: 16 2. Private providers. At the discretion of the school board 17 or authorities in charge of an accredited nonpublic school, 18 after consideration of circumstances created by necessity, 19 convenience, and cost-effectiveness, courses developed by 20 private providers may be utilized by the school district or 21 school in implementing a high-quality online learning program. 22 Courses obtained from private providers shall be taught by 23 teachers licensed under chapter 272 . A school district may 24 provide courses developed by private providers and delivered 25 primarily over the internet to pupils who are participating in 26 open enrollment under section 282.18. 27 DIVISION II 28 CONCURRENT ENROLLMENT —— CAREER AND TECHNICAL EXCEPTION TO 29 LIMITATION 30 Sec. 11. Section 257.11, subsection 3, paragraph b, 31 subparagraph (1), Code 2017, is amended to read as follows: 32 (1) Supplementing, not supplanting, high school courses 33 required to be offered pursuant to section 256.11, subsection 34 5 , except that up to two courses required under section 35 -6- LSB 1489SV (5) 87 kh/rj 6/ 17

S.F. 475 256.11, subsection 5, paragraph “h” , may supplant rather than 1 supplement courses required to be offered pursuant to section 2 256.11, subsection 5 . 3 Sec. 12. Section 261E.3, subsection 3, paragraph g, Code 4 2017, is amended to read as follows: 5 g. The school district shall certify annually to the 6 department that the course provided to a high school student 7 for postsecondary credit in accordance with this chapter either 8 does not supplant a course provided by the school district 9 in which the student is enrolled or does supplant a course 10 but meets the requirements of section 257.11, subsection 3, 11 paragraph “b” , subparagraph (1) . 12 DIVISION III 13 DENTAL AND VISION AUTHORIZATIONS AND REQUIREMENTS —— REPEALS 14 Sec. 13. Section 280.7A, subsections 1 and 2, Code 2017, are 15 amended to read as follows: 16 1. A parent or guardian who registers a child for 17 kindergarten or a preschool program shall may be given a 18 student vision card provided by the Iowa optometric association 19 and as approved by the department of education with a goal 20 of every child receiving an eye examination by age seven, as 21 needed. 22 2. School districts may encourage a student to receive an 23 eye examination by a licensed ophthalmologist or optometrist 24 prior to the student receiving special education services 25 pursuant to chapter 256B . The eye examination is not a 26 requirement for a student to receive special education 27 services. A parent or guardian shall be responsible for 28 ensuring that a student receives an eye examination pursuant to 29 this section . 30 Sec. 14. REPEAL. Sections 135.17 and 135.39D, Code 2017, 31 are repealed. 32 Sec. 15. EFFECTIVE UPON ENACTMENT. This division of this 33 Act, being deemed of immediate importance, takes effect upon 34 enactment. 35 -7- LSB 1489SV (5) 87 kh/rj 7/ 17

S.F. 475 DIVISION IV 1 TASK FORCES ON AEA ESSENTIAL SERVICES 2 Sec. 16. TASK FORCE ON THE ESSENTIAL SERVICES OF THE AREA 3 EDUCATION AGENCIES. 4 1. The department of education shall convene a task force 5 to identify and review the essential functions and services 6 area education agencies are mandated or authorized to provide 7 to school districts, accredited nonpublic schools, and other 8 persons. The task force shall compile a comprehensive list of 9 functions and services, in order of priority ranking, offered 10 by the area education agencies. The list shall include a 11 brief description of the rationale for the ranking assigned 12 each function and service offered. The task force may offer 13 recommendations for continuing, modifying, or eliminating 14 functions or service areas currently offered. 15 2. The task force members shall be appointed as follows: 16 a. Four individuals representing the department of 17 education, including the director of the department of 18 education or the director’s designee and three individuals who 19 shall be appointed by the director. 20 b. Three individuals representing school administrators who 21 shall be appointed by the school administrators of Iowa. 22 c. Three individuals representing the area education 23 agencies who shall be appointed jointly by the area education 24 agencies. 25 d. Three individuals representing educators who shall be 26 appointed by the professional educators of Iowa. 27 e. Three individuals representing teachers who shall be 28 appointed by the Iowa state education association. 29 f. Three individuals representing school board members who 30 shall be appointed by the Iowa association of school boards. 31 g. Three individuals who shall be appointed by the Iowa 32 advocates for choice in education. 33 3. To the extent practicable, the appointing authorities 34 specified in subsection 2, paragraphs “b” through “e”, shall 35 -8- LSB 1489SV (5) 87 kh/rj 8/ 17

S.F. 475 appoint individuals representing large, medium, and small 1 school districts and ensure representation for rural and urban 2 areas. 3 4. The director of the department of education shall convene 4 the initial meeting. The task force shall elect one of its 5 members as chairperson. After the initial meeting, the task 6 force shall meet at the time and place specified by call of 7 the chairperson. The department of education shall provide 8 staffing services for the task force. 9 5. The task force shall submit its findings and 10 recommendations, including the comprehensive list of functions 11 and services offered and the rationale for each ranking 12 assigned to a function or service, in a report to the state 13 board of education, the governor, and the general assembly by 14 November 17, 2017. 15 DIVISION V 16 OPEN ENROLLMENT —— EXTRACURRICULAR ACTIVITY FEE 17 Sec. 17. Section 282.18, subsection 7, Code 2017, is amended 18 to read as follows: 19 7. a. A pupil participating in open enrollment shall be 20 counted, for state school foundation aid purposes, in the 21 pupil’s district of residence. A pupil’s residence, for 22 purposes of this section , means a residence under section 23 282.1 . 24 b. (1) The board of directors of the district of residence 25 shall pay to the receiving district the sum of the state cost 26 per pupil for the previous school year plus either the teacher 27 leadership supplement state cost per pupil for the previous 28 fiscal year as provided in section 257.9 or the teacher 29 leadership supplement foundation aid for the previous fiscal 30 year as provided in section 284.13, subsection 1 , paragraph “e” , 31 if both the district of residence and the receiving district 32 are receiving such supplements, plus any moneys received for 33 the pupil as a result of the non-English speaking weighting 34 under section 280.4, subsection 3 , for the previous school 35 -9- LSB 1489SV (5) 87 kh/rj 9/ 17

S.F. 475 year multiplied by the state cost per pupil for the previous 1 year. If the pupil participating in open enrollment is also 2 an eligible pupil under section 261E.6 , the receiving district 3 shall pay the tuition reimbursement amount to an eligible 4 postsecondary institution as provided in section 261E.7 . 5 (2) If a pupil participates in one or more cocurricular 6 or extracurricular activities in accordance with subsection 7 11A, the district of residence may deduct an activity fee from 8 the amount calculated in subparagraph (1). In determining the 9 amount of the activity fee, the school district shall prorate 10 the costs for the pupil’s participation in any cocurricular 11 or extracurricular activity based on the total number of 12 pupils participating in the activity. The total amount of the 13 activity fee as determined for the pupil’s participation in one 14 or more activities shall not exceed the lesser of the actual 15 costs of providing each activity to the pupil, as prorated, or 16 fifteen percent of the state cost per pupil for the previous 17 school year. 18 Sec. 18. Section 282.18, Code 2017, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 11A. A pupil participating in open 21 enrollment for purposes of receiving educational instruction 22 and course content primarily over the internet in accordance 23 with section 256.7, subsection 32, may participate in any 24 cocurricular or extracurricular activities offered to children 25 in the pupil’s grade or group and sponsored by the district 26 of residence under the same conditions and requirements 27 as the pupils enrolled in the district of residence. The 28 student shall comply with the eligibility, conduct, and other 29 requirements relating to the activity that are established 30 by the district of residence for any student who applies to 31 participate or who is participating in the activity. 32 DIVISION VI 33 INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS —— EXEMPTION 34 Sec. 19. Section 256.11, subsection 16, paragraph b, Code 35 -10- LSB 1489SV (5) 87 kh/rj 10/ 17

S.F. 475 2017, is amended to read as follows: 1 b. A nonpublic school that participates in the accreditation 2 process offered by an independent accrediting agency on 3 the approved list published pursuant to paragraph “a” shall 4 be deemed to meet the education standards of this section . 5 However, such a school shall comply with statutory health 6 and safety requirements for school facilities. A nonpublic 7 school that is accredited in accordance with this subsection is 8 otherwise exempt from any rules adopted by the state board that 9 are not specifically required by this subsection. 10 Sec. 20. EFFECTIVE UPON ENACTMENT. This division of this 11 Act, being deemed of immediate importance, takes effect upon 12 enactment. 13 DIVISION VII 14 DEPARTMENT OF EDUCATION —— BILITERACY SEAL 15 Sec. 21. Section 256.9, Code 2017, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 61. Develop and administer a seal of 18 biliteracy program to recognize students graduating from high 19 school who have demonstrated proficiency in two or more world 20 languages, one of which must be English. Participation in the 21 program by a school district, attendance center, or accredited 22 nonpublic school shall be voluntary. The department shall work 23 with stakeholders to identify standardized tests that may be 24 utilized to demonstrate proficiency. The department shall 25 produce a seal of biliteracy, which may include but need not 26 be limited to a sticker that may be affixed to a student’s 27 high school transcript or a certificate that may be awarded to 28 the student. A participating school district or school shall 29 notify the department of the names of the students who have 30 qualified for the seal and the department shall provide the 31 school district or school with the appropriate number of seals 32 or other authorized endorsement. The department may charge a 33 nominal fee to cover printing and postage charges related to 34 issuance of the biliteracy seal under this subsection. 35 -11- LSB 1489SV (5) 87 kh/rj 11/ 17

S.F. 475 DIVISION VIII 1 LIMITATION ON DEPARTMENT OF EDUCATION GUIDANCE 2 Sec. 22. NEW SECTION . 256.9A Limitation on guidance and 3 interpretations. 4 1. For the purposes of this section, “guidance” means a 5 document or statement issued by the department, the state 6 board, or the director that purports to interpret a law, a 7 rule, or other legal authority and is designed to provide 8 advice or direction to a person regarding the implementation 9 of or compliance with the law, the rule, or the other legal 10 authority being interpreted. 11 2. The department, the state board, or the director shall 12 not issue guidance inconsistent with any statute, rule, or 13 other legal authority and shall not issue guidance that imposes 14 any legally binding obligations or duties upon any person 15 unless such legally binding obligations or duties are required 16 or reasonably implied by any statute, rule, or other legal 17 authority. 18 3. This section shall not apply to a rule adopted pursuant 19 to chapter 17A, a declaratory order issued pursuant to section 20 17A.9, a document or statement required by federal law or a 21 court, or a document or statement issued in the course of a 22 contested case proceeding, an administrative proceeding, or a 23 judicial proceeding to which the department, the state board, 24 or the director is a party. 25 4. Guidance issued by the department, the state board, or 26 the director in violation of subsection 2 shall not be deemed 27 to be legally binding. 28 Sec. 23. EFFECTIVE UPON ENACTMENT. This division of this 29 Act, being deemed of immediate importance, takes effect upon 30 enactment. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill modifies Code provisions relating to the delivery 35 -12- LSB 1489SV (5) 87 kh/rj 12/ 17

S.F. 475 of educational instruction and course content primarily over 1 the internet, modifies concurrent enrollment limitations, 2 directs the department to convene a task force on the 3 essential services of the area education agencies, allows a 4 pupil who is participating in open enrollment for purposes 5 of online instruction to fully participate in cocurricular 6 extracurricular activities in the district of residence, 7 exempts independently accredited nonpublic schools from any 8 rules adopted by the state board of education that are not 9 specifically required by statute, directs the director of the 10 department to develop and administer a seal of biliteracy 11 program, and limits the authority of the director to interpret 12 education laws and rules. 13 DIVISION I —— ONLINE EDUCATION. The bill eliminates 14 provisions requiring that the state board adopt rules 15 prohibiting or limiting the open enrollment of students whose 16 educational instruction and course content are delivered 17 primarily over the internet. The bill requires the state board 18 to adopt rules requiring that instruction delivered primarily 19 over the internet be aligned with the Iowa core standards as 20 applicable. Under such rules, a school district may develop 21 and offer to students enrolled in the district instruction 22 delivered primarily over the internet. The bill retains 23 but relocates language requiring school districts providing 24 online instruction to monitor enrollment, timely completion 25 of graduation requirements, course credit accrual, and course 26 completion; monitor and verify student progress; conduct 27 parent-teacher conferences; and administer assessments required 28 by the state. The bill authorizes school districts to provide 29 courses developed by private providers and delivered primarily 30 over the internet to pupils who are participating in open 31 enrollment. 32 Current law limits to one year the waiver that the department 33 may issue to school districts and accredited nonpublic schools 34 relating to the educational program that online schools must 35 -13- LSB 1489SV (5) 87 kh/rj 13/ 17

S.F. 475 offer and teach. The bill authorizes issuance of a waiver if 1 a school district or school typically registers fewer than 10 2 students in a specified subject. The bill also strikes the 3 one-year limitation on the waiver and provides for departmental 4 discretion in issuing such a waiver. 5 DIVISION II —— CONCURRENT ENROLLMENT —— CAREER AND TECHNICAL 6 EXCEPTION TO LIMITATION. The bill allows a student attending a 7 community college-offered course or attending a course taught 8 by a community college-employed instructor under concurrent 9 enrollment to be assigned additional weighting for not more 10 than two career and technical courses, even if those courses 11 supplant courses the school district is required to offer 12 and teach under the career and technical educational program 13 specified in Code section 256.11(5)(h). 14 DIVISION III —— DENTAL AND VISION AUTHORIZATIONS AND 15 REQUIREMENTS —— REPEALS. The bill repeals provisions 16 administered by the department of public health that require 17 dental and vision screening of children prior to and following 18 enrollment in school districts and accredited nonpublic 19 schools. Currently, a school district is required to give 20 a parent or guardian a student vision card when enrolling a 21 child in kindergarten or preschool and the parent or guardian 22 is responsible for ensuring that the student receives an eye 23 examination. The bill authorizes school districts to give 24 the card to a parent or guardian and to encourage students to 25 receive an eye examination prior to receiving special education 26 services. The bill eliminates a provision making the parent 27 or guardian responsible for ensuring the student receives an 28 eye examination. 29 Division III takes effect upon enactment. 30 DIVISION IV —— TASK FORCE ON AEA SERVICES. A 22-member 31 task force on the essential services of the area education 32 agencies (AEAs) is charged with identifying and reviewing 33 the essential functions and services AEAs are mandated or 34 authorized to provide to school districts, accredited nonpublic 35 -14- LSB 1489SV (5) 87 kh/rj 14/ 17

S.F. 475 schools, and other persons. The task force shall compile a 1 comprehensive list of functions and services, in order of 2 priority ranking, offered by the AEAs. The list shall include 3 a brief description of the rationale for each ranking. The 4 task force may offer recommendations for continuing, modifying, 5 or eliminating functions or service areas currently offered. 6 The task force is comprised of four individuals representing 7 the department of education, three individuals representing 8 school administrators, three individuals representing 9 the AEAs, six individuals representing educators, three 10 individuals representing school board members, and three 11 members representing advocates for choice in education. To 12 the extent practicable, the appointing authorities, the school 13 administrators of Iowa, AEAs, the professional educators of 14 Iowa, the Iowa state education association, the Iowa alliance 15 for choice in education, and the Iowa association of school 16 boards must appoint individuals representing large, medium, and 17 small school districts and ensure representation for rural and 18 urban areas. 19 The task force shall submit its findings and 20 recommendations, including the comprehensive list of functions 21 and services offered and the rationale for each ranking 22 assigned to a function or service, in a report to the state 23 board of education, the governor, and the general assembly by 24 November 17, 2017. 25 DIVISION V —— OPEN ENROLLMENT —— EXTRACURRICULAR ACTIVITY 26 FEE. The bill allows a pupil who is participating in open 27 enrollment for purposes of online instruction to participate in 28 cocurricular and extracurricular activities in the district of 29 residence under the same conditions and requirements as pupils 30 enrolled in the district of residence. 31 The bill permits the school district of residence to deduct 32 an activity fee in an amount not to exceed the actual cost 33 of providing the activities or 15 percent of the state cost 34 per pupil for the previous year, whichever is less, from the 35 -15- LSB 1489SV (5) 87 kh/rj 15/ 17

S.F. 475 total amount the school district is required to pay to the 1 receiving school district when such a pupil participates in 2 any cocurricular or extracurricular activities in the pupil’s 3 grade or group that is sponsored by the district of residence. 4 The school district must prorate the costs for the pupil’s 5 participation in any such activity based on the total number 6 of pupils participating. 7 DIVISION VI —— INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS —— 8 EXEMPTION. Currently, a nonpublic school may be accredited by 9 independent accrediting agencies that are on a list of approved 10 independent accrediting agencies maintained by the state 11 board of education. The state board must approve a list of 12 approved independent accrediting agencies comprised of six or 13 more regional or national nonprofit, nongovernmental agencies 14 recognized as reliable authorities concerning the quality of 15 education offered by a school. Such a school is subject to 16 school facility health and safety requirements. The bill 17 makes independently accredited nonpublic schools exempt from 18 any rules adopted by the state board that are not specifically 19 required by the provision. The division takes effect upon 20 enactment. 21 DIVISION VII —— DEPARTMENT OF EDUCATION —— BILITERACY SEAL. 22 The bill directs the director of the department of education 23 to develop and administer a seal of biliteracy program to 24 recognize students graduating from high school who have 25 demonstrated proficiency in two or more world languages, one 26 of which must be English. Participation in the program by a 27 school district, attendance center, or accredited nonpublic 28 school shall be voluntary. The department must work with 29 stakeholders to identify standardized tests that may be 30 utilized to demonstrate proficiency. The seal of biliteracy 31 may be a sticker to be affixed to a student’s high school 32 transcript, a certificate that may be awarded to the student, 33 or other authorized endorsement. The department is required to 34 provide seals to a participating school district or school and 35 -16- LSB 1489SV (5) 87 kh/rj 16/ 17

S.F. 475 may charge a nominal fee to cover related printing and postage 1 charges. 2 DIVISION VIII—— LIMITATION ON DEPARTMENT OF EDUCATION 3 GUIDANCE. The bill defines guidance as any document or 4 statement issued by the department of education, the state 5 board of education, or the director of the department of 6 education that purports to interpret a law, rule, or other 7 legal authority and is designed to provide advice or direction 8 regarding the implementation of or compliance with a law, rule, 9 or other legal authority. 10 The department, the state board, and the director are 11 prohibited from issuing guidance that imposes a legal 12 obligation or duty on a person unless the obligation or duty 13 is required or reasonably implied by law, rule, or other legal 14 authority. Guidance issued in violation of the prohibition 15 is not legally binding. This provision does not apply to 16 administrative rules, declaratory orders, a document or 17 statement required by federal law or a court, or a document or 18 statement issued in the course of an administrative or judicial 19 proceeding to which the department, the state board, or the 20 director is a party. 21 The division takes effect upon enactment. 22 -17- LSB 1489SV (5) 87 kh/rj 17/ 17