SF 475 (LSB 1489SV (5) 87)

SENATE FILE 475

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO SSB 1137)

A BILL FOR

An Act relating to educational programs developed or administered by the department or state board of education, school districts, or accredited nonpublic schools, and to school-age children’s health screenings, providing for or relating to fees, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
ONLINE EDUCATION

    Section 1.  Section 256.7, subsection 32, paragraph a, Code 2017, is amended to read as follows:
   a.  Adopt rules for online learning in accordance with sections 256.41, 256.42, and 256.43, and criteria for waivers granted pursuant to section 256.42.
    Sec. 2.  Section 256.7, subsection 32, paragraph b, Code 2017, is amended by striking the paragraph.
    Sec. 3.  Section 256.7, subsection 32, paragraph c, Code 2017, is amended to read as follows:
   c.  Adopt rules that limit the statewide enrollment of pupils in educational instruction and course content that are delivered primarily over the internet to not more than eighteen one-hundredths of one percent of the statewide enrollment of all pupils, and that limit the number of pupils participating in open enrollment for purposes of receiving educational instruction and course content that are delivered primarily over the internet to no more than one percent of a sending district’s enrollment. Such limitations shall not apply if the limitations would prevent siblings from enrolling in the same school district or if a sending district determines that the educational needs of a physically or emotionally fragile student would be best served by educational instruction and course content that are delivered primarily over the internet. Students who meet the requirements of section 282.18 may participate in open enrollment under this paragraph “c” for purposes of enrolling only in the CAM community school district or the Clayton Ridge community school district.
   (1)  The department, in collaboration with the international association for K-12 online learning, shall annually collect data on student performance in educational instruction and course content that are delivered primarily over the internet pursuant to this paragraph “c”. The department shall include such data in its annual report to the general assembly pursuant to subparagraph (4) and shall post the data on the department’s internet site.
   (2)  School districts Adopt rules which require that educational instruction and course content delivered primarily over the internet be aligned with the Iowa core standards as applicable. Under such rules, a school district may develop and offer to students enrolled in the district educational instruction and course content for delivery primarily over the internet. A school district providing educational instruction and course content that are delivered primarily over the internet pursuant to this paragraph “c” shall annually submit to the department, in the manner prescribed by the department, data that includes but is not limited to the following:
   (a)  Student achievement and demographic characteristics.
   (b)  Retention rates.
   (c)  The percentage of enrolled students’ active participation in extracurricular activities.
   (d)  Academic proficiency levels, consistent with requirements applicable to all school districts and accredited nonpublic schools in this state.
   (e)  Academic growth measures, which shall include either of the following:
   (i)  Entry and exit assessments in, at a minimum, math and English for elementary and middle school students, and additional subjects, including science, for high school students.
   (ii)  State-required assessments that track year-over-year improvements in academic proficiency.
   (f)  Academic mobility. To facilitate the tracking of academic mobility, school districts shall request the following information from the parent or guardian of a student enrolled in educational instruction and course content that are delivered primarily over the internet pursuant to this paragraph “c”:
   (i)  For a student newly enrolling, the reasons for choosing such enrollment.
   (ii)  For a student terminating enrollment, the reasons for terminating such enrollment.
   (g)  Student progress toward graduation. Measurement of such progress shall account for specific characteristics of each enrolled student, including but not limited to age and course credit accrued prior to enrollment in educational instruction and course content that are delivered primarily over the internet pursuant to this paragraph “c”, and shall be consistent with evidence-based best practices.
   (3)  The department shall conduct annually a survey of not less than ten percent of the total number of students enrolled as authorized under this paragraph “c” and section 282.18, to determine whether students are enrolled under this paragraph “c” and section 282.18 to receive educational instruction and course content primarily over the internet or are students who are receiving competent private instruction from a licensed practitioner provided through a school district pursuant to chapter 299A.
   (4)  (2)  The department shall compile and review the data collected pursuant to this paragraph “c” and shall submit its findings and recommendations for the continued delivery of instruction and course content by school districts pursuant to this paragraph “c” over the internet, in a report to the general assembly by January 15 annually.
   (5)   School districts providing educational instruction and course content that are delivered primarily over the internet pursuant to this paragraph “c” shall comply with the following requirements relating to such instruction and content:
   (a)  Monitoring and verifying full-time student enrollment, timely completion of graduation requirements, course credit accrual, and course completion.
   (b)  Monitoring and verifying student progress and performance in each course through a school-based assessment plan that includes submission of coursework and security and validity of testing.
   (c)  Conducting parent-teacher conferences.
   (d)  Administering assessments required by the state to all students in a proctored setting and pursuant to state law.
    Sec. 4.  Section 256.9, subsection 56, Code 2017, is amended to read as follows:
   56.  Develop and establish an online learning program model in accordance with rules adopted pursuant to section 256.7, subsection 32, paragraph “a”, and in accordance with section 256.43.
    Sec. 5.  Section 256.41, Code 2017, is amended to read as follows:
   256.41  Online learning requirements —— legislative findings and declarations.
   1.  The general assembly finds and declares the following:
   a.  That prior legislative enactments on the use of telecommunications in elementary and secondary school classes and courses did not contemplate and were not intended to authorize participation in open enrollment under section 282.18 for purposes of attending online schools, contracts to provide exclusively or predominantly online coursework to students, or online coursework that does not use teachers licensed under chapter 272 for instruction and supervision.
   b.  That online learning technology has moved ahead of Iowa’s statutory framework and the current administrative rules of the state board, promulgated over twenty years ago, are inadequate to regulate today’s virtual opportunities.
   A school district providing educational instruction and course content delivered primarily over the internet shall do all of the following with regard to such instruction and content:
   a.  Monitor and verify full-time student enrollment, timely completion of graduation requirements, course credit accrual, and course completion.
   b.  Monitor and verify student progress and performance in each course through a school-based assessment plan that includes submission of coursework and security and validity of testing.
   c.  Conduct parent-teacher conferences.
   d.  Administer assessments required by the state to all students in a proctored setting and pursuant to state law.
   2.  Online learning curricula shall be provided and supervised by a teacher licensed under chapter 272.
    Sec. 6.  Section 256.42, subsection 7, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   The department may waive for one year at its discretion the provisions of section 256.11, subsection 5, which require that specified subjects be offered and taught by professional staff of a school district or school, if the school district or school makes every reasonable and good-faith effort to employ a teacher licensed under chapter 272 for such a subject, and the school district or school proves to the satisfaction of the department that the school district or school is unable to employ such a teacher or if fewer than ten students typically register for instruction in a specified subject at the school district or school. The specified subject shall be provided by the initiative. The However, the specified subject may instead be provided by the school district or school if all of the following conditions are met:
    Sec. 7.  Section 256.42, subsection 8, Code 2017, is amended to read as follows:
   8.  The department shall establish fees payable by school districts and accredited nonpublic schools participating in the initiative. Fees collected pursuant to this subsection are appropriated to the department to be used only for the purpose of administering this section and shall be established so as not to exceed the budgeted cost of administering this section to the extent not covered by the moneys appropriated in subsection 9. Providing professional development necessary to prepare teachers to participate in the initiative shall be considered a cost of administering this section. Notwithstanding section 8.33, fees collected by the department that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purpose of expanding coursework offered under the initiative in subsequent fiscal years.
    Sec. 8.  Section 256.42, subsection 9, Code 2017, is amended by striking the subsection.
    Sec. 9.  Section 256.43, subsection 1, paragraph i, Code 2017, is amended to read as follows:
   i.  Criteria for school districts or schools to use when choosing providers of online learning to meet the online learning program requirements specified in rules adopted pursuant to section 256.7, subsection 32, paragraph “a”.
    Sec. 10.  Section 256.43, subsection 2, Code 2017, is amended to read as follows:
   2.  Private providers.  At the discretion of the school board or authorities in charge of an accredited nonpublic school, after consideration of circumstances created by necessity, convenience, and cost-effectiveness, courses developed by private providers may be utilized by the school district or school in implementing a high-quality online learning program. Courses obtained from private providers shall be taught by teachers licensed under chapter 272.  A school district may provide courses developed by private providers and delivered primarily over the internet to pupils who are participating in open enrollment under section 282.18.
DIVISION II
CONCURRENT ENROLLMENT —— CAREER AND TECHNICAL EXCEPTION TO LIMITATION

    Sec. 11.  Section 257.11, subsection 3, paragraph b, subparagraph (1), Code 2017, is amended to read as follows:
   (1)  Supplementing, not supplanting, high school courses required to be offered pursuant to section 256.11, subsection 5, except that up to two courses required under section 256.11, subsection 5, paragraph “h”, may supplant rather than supplement courses required to be offered pursuant to section 256.11, subsection 5.
    Sec. 12.  Section 261E.3, subsection 3, paragraph g, Code 2017, is amended to read as follows:
   g.  The school district shall certify annually to the department that the course provided to a high school student for postsecondary credit in accordance with this chapter either does not supplant a course provided by the school district in which the student is enrolled or does supplant a course but meets the requirements of section 257.11, subsection 3, paragraph “b”, subparagraph (1).
DIVISION III
DENTAL AND VISION AUTHORIZATIONS AND REQUIREMENTS —— REPEALS

    Sec. 13.  Section 280.7A, subsections 1 and 2, Code 2017, are amended to read as follows:
   1.  A parent or guardian who registers a child for kindergarten or a preschool program shall may be given a student vision card provided by the Iowa optometric association and as approved by the department of education with a goal of every child receiving an eye examination by age seven, as needed.
   2.  School districts may encourage a student to receive an eye examination by a licensed ophthalmologist or optometrist prior to the student receiving special education services pursuant to chapter 256B. The eye examination is not a requirement for a student to receive special education services. A parent or guardian shall be responsible for ensuring that a student receives an eye examination pursuant to this section.
    Sec. 14.  REPEAL.  Sections 135.17 and 135.39D, Code 2017, are repealed.
    Sec. 15.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION IV
TASK FORCES ON AEA ESSENTIAL SERVICES

    Sec. 16.  TASK FORCE ON THE ESSENTIAL SERVICES OF THE AREA EDUCATION AGENCIES.
   1.  The department of education shall convene a task force to identify and review the essential functions and services area education agencies are mandated or authorized to provide to school districts, accredited nonpublic schools, and other persons. The task force shall compile a comprehensive list of functions and services, in order of priority ranking, offered by the area education agencies. The list shall include a brief description of the rationale for the ranking assigned each function and service offered. The task force may offer recommendations for continuing, modifying, or eliminating functions or service areas currently offered.
   2.  The task force members shall be appointed as follows:
   a.  Four individuals representing the department of education, including the director of the department of education or the director’s designee and three individuals who shall be appointed by the director.
   b.  Three individuals representing school administrators who shall be appointed by the school administrators of Iowa.
   c.  Three individuals representing the area education agencies who shall be appointed jointly by the area education agencies.
   d.  Three individuals representing educators who shall be appointed by the professional educators of Iowa.
   e.  Three individuals representing teachers who shall be appointed by the Iowa state education association.
   f.  Three individuals representing school board members who shall be appointed by the Iowa association of school boards.
   g.  Three individuals who shall be appointed by the Iowa advocates for choice in education.
   3.  To the extent practicable, the appointing authorities specified in subsection 2, paragraphs “b” through “e”, shall appoint individuals representing large, medium, and small school districts and ensure representation for rural and urban areas. 
   4.  The director of the department of education shall convene the initial meeting. The task force shall elect one of its members as chairperson. After the initial meeting, the task force shall meet at the time and place specified by call of the chairperson. The department of education shall provide staffing services for the task force.
   5.  The task force shall submit its findings and recommendations, including the comprehensive list of functions and services offered and the rationale for each ranking assigned to a function or service, in a report to the state board of education, the governor, and the general assembly by November 17, 2017.
DIVISION V
OPEN ENROLLMENT —— EXTRACURRICULAR ACTIVITY FEE

    Sec. 17.  Section 282.18, subsection 7, Code 2017, is amended to read as follows:
   7.  a.  A pupil participating in open enrollment shall be counted, for state school foundation aid purposes, in the pupil’s district of residence. A pupil’s residence, for purposes of this section, means a residence under section 282.1.
   b.  (1)  The board of directors of the district of residence shall pay to the receiving district the sum of the state cost per pupil for the previous school year plus either the teacher leadership supplement state cost per pupil for the previous fiscal year as provided in section 257.9 or the teacher leadership supplement foundation aid for the previous fiscal year as provided in section 284.13, subsection 1, paragraph “e”, if both the district of residence and the receiving district are receiving such supplements, plus any moneys received for the pupil as a result of the non-English speaking weighting under section 280.4, subsection 3, for the previous school year multiplied by the state cost per pupil for the previous year. If the pupil participating in open enrollment is also an eligible pupil under section 261E.6, the receiving district shall pay the tuition reimbursement amount to an eligible postsecondary institution as provided in section 261E.7.
   (2)  If a pupil participates in one or more cocurricular or extracurricular activities in accordance with subsection 11A, the district of residence may deduct an activity fee from the amount calculated in subparagraph (1). In determining the amount of the activity fee, the school district shall prorate the costs for the pupil’s participation in any cocurricular or extracurricular activity based on the total number of pupils participating in the activity. The total amount of the activity fee as determined for the pupil’s participation in one or more activities shall not exceed the lesser of the actual costs of providing each activity to the pupil, as prorated, or fifteen percent of the state cost per pupil for the previous school year.
    Sec. 18.  Section 282.18, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  11A.  A pupil participating in open enrollment for purposes of receiving educational instruction and course content primarily over the internet in accordance with section 256.7, subsection 32, may participate in any cocurricular or extracurricular activities offered to children in the pupil’s grade or group and sponsored by the district of residence under the same conditions and requirements as the pupils enrolled in the district of residence. The student shall comply with the eligibility, conduct, and other requirements relating to the activity that are established by the district of residence for any student who applies to participate or who is participating in the activity.
DIVISION VI
INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS —— EXEMPTION

    Sec. 19.  Section 256.11, subsection 16, paragraph b, Code 2017, is amended to read as follows:
   b.  A nonpublic school that participates in the accreditation process offered by an independent accrediting agency on the approved list published pursuant to paragraph “a” shall be deemed to meet the education standards of this section. However, such a school shall comply with statutory health and safety requirements for school facilities.  A nonpublic school that is accredited in accordance with this subsection is otherwise exempt from any rules adopted by the state board that are not specifically required by this subsection.
    Sec. 20.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION VII
DEPARTMENT OF EDUCATION —— BILITERACY SEAL

    Sec. 21.  Section 256.9, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  61.  Develop and administer a seal of biliteracy program to recognize students graduating from high school who have demonstrated proficiency in two or more world languages, one of which must be English. Participation in the program by a school district, attendance center, or accredited nonpublic school shall be voluntary. The department shall work with stakeholders to identify standardized tests that may be utilized to demonstrate proficiency. The department shall produce a seal of biliteracy, which may include but need not be limited to a sticker that may be affixed to a student’s high school transcript or a certificate that may be awarded to the student. A participating school district or school shall notify the department of the names of the students who have qualified for the seal and the department shall provide the school district or school with the appropriate number of seals or other authorized endorsement. The department may charge a nominal fee to cover printing and postage charges related to issuance of the biliteracy seal under this subsection.
DIVISION VIII
LIMITATION ON DEPARTMENT OF EDUCATION GUIDANCE

    Sec. 22.  NEW SECTION.  256.9A  Limitation on guidance and interpretations.
   1.  For the purposes of this section, “guidance” means a document or statement issued by the department, the state board, or the director that purports to interpret a law, a rule, or other legal authority and is designed to provide advice or direction to a person regarding the implementation of or compliance with the law, the rule, or the other legal authority being interpreted.
   2.  The department, the state board, or the director shall not issue guidance inconsistent with any statute, rule, or other legal authority and shall not issue guidance that imposes any legally binding obligations or duties upon any person unless such legally binding obligations or duties are required or reasonably implied by any statute, rule, or other legal authority.
   3.  This section shall not apply to a rule adopted pursuant to chapter 17A, a declaratory order issued pursuant to section 17A.9, a document or statement required by federal law or a court, or a document or statement issued in the course of a contested case proceeding, an administrative proceeding, or a judicial proceeding to which the department, the state board, or the director is a party.
   4.  Guidance issued by the department, the state board, or the director in violation of subsection 2 shall not be deemed to be legally binding.
    Sec. 23.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies Code provisions relating to the delivery of educational instruction and course content primarily over the internet, modifies concurrent enrollment limitations, directs the department to convene a task force on the essential services of the area education agencies, allows a pupil who is participating in open enrollment for purposes of online instruction to fully participate in cocurricular extracurricular activities in the district of residence, exempts independently accredited nonpublic schools from any rules adopted by the state board of education that are not specifically required by statute, directs the director of the department to develop and administer a seal of biliteracy program, and limits the authority of the director to interpret education laws and rules.
   DIVISION I —— ONLINE EDUCATION. The bill eliminates provisions requiring that the state board adopt rules prohibiting or limiting the open enrollment of students whose educational instruction and course content are delivered primarily over the internet. The bill requires the state board to adopt rules requiring that instruction delivered primarily over the internet be aligned with the Iowa core standards as applicable. Under such rules, a school district may develop and offer to students enrolled in the district instruction delivered primarily over the internet. The bill retains but relocates language requiring school districts providing online instruction to monitor enrollment, timely completion of graduation requirements, course credit accrual, and course completion; monitor and verify student progress; conduct parent-teacher conferences; and administer assessments required by the state. The bill authorizes school districts to provide courses developed by private providers and delivered primarily over the internet to pupils who are participating in open enrollment.
   Current law limits to one year the waiver that the department may issue to school districts and accredited nonpublic schools relating to the educational program that online schools must offer and teach. The bill authorizes issuance of a waiver if a school district or school typically registers fewer than 10 students in a specified subject. The bill also strikes the one-year limitation on the waiver and provides for departmental discretion in issuing such a waiver.
   DIVISION II —— CONCURRENT ENROLLMENT —— CAREER AND TECHNICAL EXCEPTION TO LIMITATION. The bill allows a student attending a community college-offered course or attending a course taught by a community college-employed instructor under concurrent enrollment to be assigned additional weighting for not more than two career and technical courses, even if those courses supplant courses the school district is required to offer and teach under the career and technical educational program specified in Code section 256.11(5)(h).
   DIVISION III —— DENTAL AND VISION AUTHORIZATIONS AND REQUIREMENTS —— REPEALS. The bill repeals provisions administered by the department of public health that require dental and vision screening of children prior to and following enrollment in school districts and accredited nonpublic schools. Currently, a school district is required to give a parent or guardian a student vision card when enrolling a child in kindergarten or preschool and the parent or guardian is responsible for ensuring that the student receives an eye examination. The bill authorizes school districts to give the card to a parent or guardian and to encourage students to receive an eye examination prior to receiving special education services. The bill eliminates a provision making the parent or guardian responsible for ensuring the student receives an eye examination.
   Division III takes effect upon enactment.
   DIVISION IV —— TASK FORCE ON AEA SERVICES. A 22-member task force on the essential services of the area education agencies (AEAs) is charged with identifying and reviewing the essential functions and services AEAs are mandated or authorized to provide to school districts, accredited nonpublic schools, and other persons. The task force shall compile a comprehensive list of functions and services, in order of priority ranking, offered by the AEAs. The list shall include a brief description of the rationale for each ranking. The task force may offer recommendations for continuing, modifying, or eliminating functions or service areas currently offered.
   The task force is comprised of four individuals representing the department of education, three individuals representing school administrators, three individuals representing the AEAs, six individuals representing educators, three individuals representing school board members, and three members representing advocates for choice in education. To the extent practicable, the appointing authorities, the school administrators of Iowa, AEAs, the professional educators of Iowa, the Iowa state education association, the Iowa alliance for choice in education, and the Iowa association of school boards must appoint individuals representing large, medium, and small school districts and ensure representation for rural and urban areas. 
   The task force shall submit its findings and recommendations, including the comprehensive list of functions and services offered and the rationale for each ranking assigned to a function or service, in a report to the state board of education, the governor, and the general assembly by November 17, 2017.
   DIVISION V —— OPEN ENROLLMENT —— EXTRACURRICULAR ACTIVITY FEE. The bill allows a pupil who is participating in open enrollment for purposes of online instruction to participate in cocurricular and extracurricular activities in the district of residence under the same conditions and requirements as pupils enrolled in the district of residence.
   The bill permits the school district of residence to deduct an activity fee in an amount not to exceed the actual cost of providing the activities or 15 percent of the state cost per pupil for the previous year, whichever is less, from the total amount the school district is required to pay to the receiving school district when such a pupil participates in any cocurricular or extracurricular activities in the pupil’s grade or group that is sponsored by the district of residence. The school district must prorate the costs for the pupil’s participation in any such activity based on the total number of pupils participating.
   DIVISION VI —— INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS —— EXEMPTION. Currently, a nonpublic school may be accredited by independent accrediting agencies that are on a list of approved independent accrediting agencies maintained by the state board of education. The state board must approve a list of approved independent accrediting agencies comprised of six or more regional or national nonprofit, nongovernmental agencies recognized as reliable authorities concerning the quality of education offered by a school. Such a school is subject to school facility health and safety requirements. The bill makes independently accredited nonpublic schools exempt from any rules adopted by the state board that are not specifically required by the provision. The division takes effect upon enactment.
   DIVISION VII —— DEPARTMENT OF EDUCATION —— BILITERACY SEAL.  The bill directs the director of the department of education to develop and administer a seal of biliteracy program to recognize students graduating from high school who have demonstrated proficiency in two or more world languages, one of which must be English. Participation in the program by a school district, attendance center, or accredited nonpublic school shall be voluntary. The department must work with stakeholders to identify standardized tests that may be utilized to demonstrate proficiency. The seal of biliteracy may be a sticker to be affixed to a student’s high school transcript, a certificate that may be awarded to the student, or other authorized endorsement. The department is required to provide seals to a participating school district or school and may charge a nominal fee to cover related printing and postage charges. 
   DIVISION VIII—— LIMITATION ON DEPARTMENT OF EDUCATION GUIDANCE. The bill defines guidance as any document or statement issued by the department of education, the state board of education, or the director of the department of education that purports to interpret a law, rule, or other legal authority and is designed to provide advice or direction regarding the implementation of or compliance with a law, rule, or other legal authority. 
   The department, the state board, and the director are prohibited from issuing guidance that imposes a legal obligation or duty on a person unless the obligation or duty is required or reasonably implied by law, rule, or other legal authority. Guidance issued in violation of the prohibition is not legally binding. This provision does not apply to administrative rules, declaratory orders, a document or statement required by federal law or a court, or a document or statement issued in the course of an administrative or judicial proceeding to which the department, the state board, or the director is a party.
   The division takes effect upon enactment.