Senate Study Bill 1137 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON SINCLAIR) 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 1489XC (13) 87 kh/rj

S.F. _____ 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 1489XC (13) 87 kh/rj 1/ 16

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

S.F. _____ course credit accrued prior to enrollment in educational 1 instruction and course content that are delivered primarily 2 over the internet pursuant to this paragraph “c” , and shall be 3 consistent with evidence-based best practices. 4 (3) The department shall conduct annually a survey of not 5 less than ten percent of the total number of students enrolled 6 as authorized under this paragraph “c” and section 282.18 , to 7 determine whether students are enrolled under this paragraph 8 “c” and section 282.18 to receive educational instruction and 9 course content primarily over the internet or are students who 10 are receiving competent private instruction from a licensed 11 practitioner provided through a school district pursuant to 12 chapter 299A . 13 (4) (2) The department shall compile and review the data 14 collected pursuant to this paragraph “c” and shall submit its 15 findings and recommendations for the continued delivery of 16 instruction and course content by school districts pursuant to 17 this paragraph “c” over the internet , in a report to the general 18 assembly by January 15 annually. 19 (5) School districts providing educational instruction and 20 course content that are delivered primarily over the internet 21 pursuant to this paragraph “c” shall comply with the following 22 requirements relating to such instruction and content: 23 (a) Monitoring and verifying full-time student enrollment, 24 timely completion of graduation requirements, course credit 25 accrual, and course completion. 26 (b) Monitoring and verifying student progress and 27 performance in each course through a school-based assessment 28 plan that includes submission of coursework and security and 29 validity of testing. 30 (c) Conducting parent-teacher conferences. 31 (d) Administering assessments required by the state to all 32 students in a proctored setting and pursuant to state law. 33 Sec. 4. Section 256.9, subsection 56, Code 2017, is amended 34 to read as follows: 35 -3- LSB 1489XC (13) 87 kh/rj 3/ 16

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

S.F. _____ 2. Online learning curricula shall be provided and 1 supervised by a teacher licensed under chapter 272 . 2 Sec. 6. Section 256.42, subsections 3 and 9, Code 2017, are 3 amended by striking the subsections. 4 Sec. 7. Section 256.42, subsection 7, unnumbered paragraph 5 1, Code 2017, is amended to read as follows: 6 The department may waive for one year at its discretion 7 the provisions of section 256.11, subsection 5 , which require 8 that specified subjects be offered and taught by professional 9 staff of a school district or school, if the school district or 10 school makes every reasonable and good-faith effort to employ 11 a teacher licensed under chapter 272 for such a subject , and 12 the school district or school proves to the satisfaction of 13 the department that the school district or school is unable to 14 employ such a teacher or if fewer than ten students typically 15 register for instruction in a specified subject at the school 16 district or school . The specified subject shall be provided by 17 the initiative. The However, the specified subject may instead 18 be provided by the school district or school if all of the 19 following conditions are met: 20 Sec. 8. Section 256.42, subsection 8, Code 2017, is amended 21 to read as follows: 22 8. The department shall establish fees payable by school 23 districts and accredited nonpublic schools participating in 24 the initiative. Fees collected pursuant to this subsection 25 are appropriated to the department to be used only for the 26 purpose of administering this section and shall be established 27 so as not to exceed the budgeted cost of administering this 28 section to the extent not covered by the moneys appropriated 29 in subsection 9 . Providing professional development 30 necessary to prepare teachers to participate in the initiative 31 shall be considered a cost of administering this section . 32 Notwithstanding section 8.33 , fees collected by the department 33 that remain unencumbered or unobligated at the close of the 34 fiscal year shall not revert but shall remain available for 35 -5- LSB 1489XC (13) 87 kh/rj 5/ 16

S.F. _____ expenditure for the purpose of expanding coursework offered 1 under the initiative in subsequent fiscal years. 2 Sec. 9. Section 256.43, subsection 1, paragraph i, Code 3 2017, is amended to read as follows: 4 i. Criteria for school districts or schools to use when 5 choosing providers of online learning to meet the online 6 learning program requirements specified in rules adopted 7 pursuant to section 256.7, subsection 32 , paragraph “a” . 8 Sec. 10. Section 256.43, subsection 2, Code 2017, is amended 9 to read as follows: 10 2. Private providers. At the discretion of the school board 11 or authorities in charge of an accredited nonpublic school, 12 after consideration of circumstances created by necessity, 13 convenience, and cost-effectiveness, courses developed by 14 private providers may be utilized by the school district or 15 school in implementing a high-quality online learning program. 16 Courses obtained from private providers shall be taught by 17 teachers licensed under chapter 272 . A school district may 18 provide courses developed by private providers and delivered 19 primarily over the internet to pupils who are participating in 20 open enrollment under section 282.18. 21 DIVISION II 22 CONCURRENT ENROLLMENT —— CAREER AND TECHNICAL EXCEPTION TO 23 LIMITATION 24 Sec. 11. Section 257.11, subsection 3, paragraph b, 25 subparagraph (1), Code 2017, is amended to read as follows: 26 (1) Supplementing, not supplanting, high school courses 27 required to be offered pursuant to section 256.11, subsection 28 5 , except that up to two courses required under section 29 256.11, subsection 5, paragraph “h” , may supplant rather than 30 supplement courses required to be offered pursuant to section 31 256.11, subsection 5 . 32 Sec. 12. Section 261E.3, subsection 3, paragraph g, Code 33 2017, is amended to read as follows: 34 g. The school district shall certify annually to the 35 -6- LSB 1489XC (13) 87 kh/rj 6/ 16

S.F. _____ department that the course provided to a high school student 1 for postsecondary credit in accordance with this chapter either 2 does not supplant a course provided by the school district 3 in which the student is enrolled or does supplant a course 4 but meets the requirements of section 257.11, subsection 3, 5 paragraph “b” , subparagraph (1) . 6 DIVISION III 7 DENTAL AND VISION AUTHORIZATIONS AND REQUIREMENTS —— REPEALS 8 Sec. 13. REPEAL. Sections 135.17, 135.39D, 280.7, and 9 280.7A, Code 2017, are repealed. 10 DIVISION IV 11 TASK FORCES ON AEA ESSENTIAL SERVICES 12 Sec. 14. TASK FORCE ON THE ESSENTIAL SERVICES OF THE AREA 13 EDUCATION AGENCIES. 14 1. The department of education shall convene a task force 15 to identify and review the essential functions and services 16 area education agencies are mandated or authorized to provide 17 to school districts, accredited nonpublic schools, and other 18 persons. The task force shall compile a comprehensive list of 19 functions and services, in order of priority ranking, offered 20 by the area education agencies. The list shall include a 21 brief description of the rationale for the ranking assigned 22 each function and service offered. The task force may offer 23 recommendations for continuing, modifying, or eliminating 24 functions or service areas currently offered. 25 2. The task force members shall be appointed as follows: 26 a. Four individuals representing the department of 27 education, including the director of the department of 28 education or the director’s designee and three individuals who 29 shall be appointed by the director. 30 b. Three individuals representing school administrators who 31 shall be appointed by the school administrators of Iowa. 32 c. Three individuals representing the area education 33 agencies who shall be appointed jointly by the area education 34 agencies. 35 -7- LSB 1489XC (13) 87 kh/rj 7/ 16

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

S.F. _____ leadership supplement foundation aid for the previous fiscal 1 year as provided in section 284.13, subsection 1 , paragraph “e” , 2 if both the district of residence and the receiving district 3 are receiving such supplements, plus any moneys received for 4 the pupil as a result of the non-English speaking weighting 5 under section 280.4, subsection 3 , for the previous school 6 year multiplied by the state cost per pupil for the previous 7 year. If the pupil participating in open enrollment is also 8 an eligible pupil under section 261E.6 , the receiving district 9 shall pay the tuition reimbursement amount to an eligible 10 postsecondary institution as provided in section 261E.7 . 11 (2) If a pupil participates in an extracurricular activity 12 in accordance with subsection 11A, the district of residence 13 may deduct an activity fee from the amount calculated in 14 subparagraph (1). The amount of an activity fee shall not 15 exceed the lesser of the actual cost of providing the activity 16 to the pupil or fifteen percent of the state cost per pupil for 17 the previous school year. 18 Sec. 16. 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 extracurricular activities offered to children in the pupil’s 25 grade or group and sponsored by the district of residence under 26 the same conditions and requirements as the pupils enrolled in 27 the district of residence. 28 DIVISION VI 29 INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS —— EXEMPTION 30 Sec. 17. Section 256.11, subsection 16, paragraph b, Code 31 2017, is amended to read as follows: 32 b. A nonpublic school that participates in the accreditation 33 process offered by an independent accrediting agency on 34 the approved list published pursuant to paragraph “a” shall 35 -9- LSB 1489XC (13) 87 kh/rj 9/ 16

S.F. _____ be deemed to meet the education standards of this section . 1 However, such a school shall comply with statutory health 2 and safety requirements for school facilities. A nonpublic 3 school that is accredited in accordance with this subsection is 4 otherwise exempt from any rules adopted by the state board that 5 are not specifically required by this subsection. 6 DIVISION VII 7 YEAR-ROUND SCHOOLS —— SECONDARY LEVEL 8 Sec. 18. Section 279.10, subsection 2, unnumbered paragraph 9 1, Code 2017, is amended to read as follows: 10 The board of directors of a school district and the 11 authorities in charge of an accredited nonpublic school may 12 apply to the department of education for authorization to 13 maintain a year-round school calendar at an attendance center 14 or school for students in prekindergarten through grade eight . 15 However, a board shall hold a public hearing on any proposal 16 relating to authorization for a year-round school calendar 17 prior to submitting an application under this subsection to the 18 department of education for approval. 19 DIVISION VIII 20 DEPARTMENT OF EDUCATION —— BILITERACY SEAL 21 Sec. 19. Section 256.9, Code 2017, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 61. Develop and administer a seal of 24 biliteracy program to recognize students graduating from 25 high school who have demonstrated proficiency in a foreign 26 language. Participation in the program by a school district, 27 attendance center, or accredited nonpublic school shall 28 be voluntary. The department shall work with stakeholders 29 to identify standardized tests that may be utilized to 30 demonstrate proficiency. The department shall produce a seal 31 of biliteracy, which may be a sticker that may be affixed to 32 a student’s high school transcript or a certificate that may 33 be awarded to the student. A participating school district or 34 school shall notify the department of the names of the students 35 -10- LSB 1489XC (13) 87 kh/rj 10/ 16

S.F. _____ who have qualified for the seal and the department shall 1 provide the school district or school with the appropriate 2 number of seals. The department may charge a nominal fee to 3 cover printing and postage charges related to issuance of the 4 biliteracy seal under this subsection. 5 DIVISION IX 6 LIMITATION ON DEPARTMENT OF EDUCATION GUIDANCE 7 Sec. 20. Section 256.9, subsection 16, Code 2017, is amended 8 by striking the subsection. 9 Sec. 21. NEW SECTION . 256.9A Limitation on guidance or 10 interpretations. 11 1. a. Unless the department, the state board, or the 12 director is specifically authorized by state statute to issue a 13 document or statement that interprets a law or rule or offers 14 guidance regarding the implementation of a law or rule which 15 interpretation or guidance is legally binding on a person or 16 imposes a legal obligation or duty on a person, any document 17 or statement issued by the department, the state board, or 18 the director that interprets a law or rule or offers guidance 19 regarding the implementation of a law or rule shall be solely 20 advisory in nature and shall not be legally binding on any 21 person or impose a legal obligation or duty on any person. 22 b. This subsection does not apply to a rule adopted pursuant 23 to chapter 17A, a declaratory order issued pursuant to section 24 17A.9, a document or statement specifically required by federal 25 law or a court, or a document or statement issued in the course 26 of an administrative or judicial proceeding to which the 27 department, the state board, or the director is a party. 28 2. a. A document or statement issued by the department, the 29 state board, or the director that interprets a law or rule or 30 offers guidance regarding the implementation of a law or rule 31 that contradicts or purports to supersede any law or rule is 32 void. 33 b. This subsection does not apply to a document or statement 34 specifically required by federal law or a court. 35 -11- LSB 1489XC (13) 87 kh/rj 11/ 16

S.F. _____ EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill modifies Code provisions relating to the delivery 4 of educational instruction and course content primarily over 5 the internet, modifies concurrent enrollment limitations, 6 eliminates certain statewide assessment requirements and 7 directs the department of education to issue a request for 8 proposals for a statewide assessment, directs the department to 9 convene a task force on paperwork reduction and a task force on 10 the essential services of the area education agencies, allows 11 a pupil who is participating in open enrollment for purposes 12 of online instruction to fully participate in extracurricular 13 activities in the district of residence, exempts independently 14 accredited nonpublic schools from any rules adopted by the 15 state board of education that are not specifically required by 16 statute, strikes language that limits the year-round school 17 calendar to only Pk-8 grade levels, directs the director of 18 the department to develop and administer a seal of biliteracy 19 program, and limits the authority of the director to interpret 20 education laws and rules. 21 DIVISION I —— ONLINE EDUCATION. The bill eliminates 22 provisions requiring that the state board adopt rules 23 prohibiting or limiting the open enrollment of students whose 24 educational instruction and course content are delivered 25 primarily over the internet. The bill requires school 26 districts providing online instruction to monitor enrollment, 27 timely completion of graduation requirements, course credit 28 accrual, and course completion; monitor and verify student 29 progress; conduct parent-teacher conferences; and administer 30 assessments required by the state. Current provisions that 31 require school districts to submit information regarding 32 student achievement and growth measures to the department, 33 and require the department to compile and submit such data, 34 with its findings and recommendations, annually to the general 35 -12- LSB 1489XC (13) 87 kh/rj 12/ 16

S.F. _____ assembly, are retained. The bill authorizes school districts 1 to provide courses developed by private providers and delivered 2 primarily over the internet to pupils who are participating in 3 open enrollment. 4 Current law limits to one year the waiver that the department 5 may issue to school districts and accredited nonpublic schools 6 relating to the educational program that online schools must 7 offer and teach and authorizes issuance of a waiver if a 8 school district or school typically registers fewer than 9 10 students in a specified subject. The bill strikes the 10 one-year limitation on the waiver and provides for departmental 11 discretion in issuing such a waiver. 12 DIVISION II —— CONCURRENT ENROLLMENT —— CAREER AND TECHNICAL 13 EXCEPTION TO LIMITATION. The bill allows a student attending a 14 community college-offered course or attending a course taught 15 by a community college-employed instructor under concurrent 16 enrollment to be assigned additional weighting for not more 17 than two career and technical courses, even if those courses 18 supplant courses the school district is required to offer 19 and teach under the career and technical educational program 20 specified in Code section 256.11(5)(h). 21 DIVISION III —— DENTAL AND VISION AUTHORIZATIONS AND 22 REQUIREMENTS —— REPEALS. The bill repeals provisions 23 administered by the department of public health that require 24 dental and vision screening of children prior to and following 25 enrollment in school districts and accredited nonpublic 26 schools, and repeals provisions that authorize school districts 27 to establish and maintain dental clinics, require that a parent 28 or guardian be given a student vision card when enrolling a 29 child in kindergarten or preschool, authorize school districts 30 to encourage students to receive an eye examination prior to 31 receiving special education services, and direct area education 32 agencies to make every effort to provide, in collaboration with 33 local community organizations, vision screening services to 34 children ages two through four. 35 -13- LSB 1489XC (13) 87 kh/rj 13/ 16

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

S.F. _____ of providing the activity or 15 percent of the state cost 1 per pupil for the previous year from the total amount the 2 school district is required to pay to the receiving school 3 district when such a pupil participates in any extracurricular 4 activities in the pupil’s grade or group that is sponsored by 5 the district of residence. 6 DIVISION VI —— INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS —— 7 EXEMPTION. Currently, a nonpublic school may be accredited by 8 independent accrediting agencies that are on a list of approved 9 independent accrediting agencies maintained by the state 10 board of education. The state board must approve a list of 11 approved independent accrediting agencies comprised of six or 12 more regional or national nonprofit, nongovernmental agencies 13 recognized as reliable authorities concerning the quality of 14 education offered by a school. Such a school is subject to 15 school facility health and safety requirements. The bill 16 makes independently accredited nonpublic schools exempt from 17 any rules adopted by the state board that are not specifically 18 required by the provision. 19 DIVISION VII —— YEAR-ROUND SCHOOLS —— SECONDARY LEVEL. 20 Currently, school districts and accredited nonpublic schools 21 may apply to the department of education for authorization to 22 maintain a year-round school calendar at an attendance center 23 or school for students in prekindergarten through grade eight. 24 The bill strikes the language that limits the year-round school 25 calendar to only prekindergarten through grade eight levels. 26 DIVISION VIII —— DEPARTMENT OF EDUCATION —— BILITERACY SEAL. 27 The bill directs the director of the department of education 28 to develop and administer a seal of biliteracy program to 29 recognize students graduating from high school who have 30 demonstrated proficiency in a foreign language. Participation 31 in the program by a school district, attendance center, or 32 accredited nonpublic school shall be voluntary. The department 33 must work with stakeholders to identify standardized tests 34 that may be utilized to demonstrate proficiency. The seal 35 -15- LSB 1489XC (13) 87 kh/rj 15/ 16

S.F. _____ of biliteracy may be a sticker to be affixed to a student’s 1 high school transcript or a certificate that may be awarded 2 to the student. The department is required to provide seals 3 to a participating school district or school and may charge a 4 nominal fee to cover related printing and postage charges. 5 DIVISION IX —— LIMITATION ON DEPARTMENT OF EDUCATION 6 GUIDANCE. The division provides that any document or statement 7 issued by the department of education, the state board of 8 education, and the director of the department of education 9 that interprets a law or rule or offers guidance regarding 10 the implementation of a law or rule shall be solely advisory 11 in nature and shall not be legally binding on any person or 12 impose a legal obligation or duty on any person unless the 13 department, the state board, or the director is specifically 14 authorized by state statute to issue a document or statement 15 that interprets a law or rule or offers guidance regarding 16 the implementation of a law or rule which interpretation or 17 guidance is legally binding on a person or imposes a legal 18 obligation or duty on a person. This provision does not apply 19 to administrative rules, declaratory orders, a document or 20 statement specifically required by federal law or a court, or a 21 document or statement issued in the course of an administrative 22 or judicial proceeding to which the department, the state 23 board, or the director is a party. 24 The division provides that a document or statement issued 25 by the department, the state board, or the director that 26 interprets a law or rule or offers guidance regarding the 27 implementation of a law or rule that contradicts or purports 28 to supersede any law or rule is void. This provision does 29 not apply to a document or statement specifically required by 30 federal law or a court. 31 The division strikes language providing for the duty of the 32 director to interpret the school laws and rules relating to the 33 school laws. 34 -16- LSB 1489XC (13) 87 kh/rj 16/ 16