House File 2380 - Reprinted HOUSE FILE 2380 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 517) (As Amended and Passed by the House March 13, 2012 ) A BILL FOR An Act relating to programs and activities under the purview of 1 the department of education, the state board of education, 2 the board of educational examiners, the department of 3 management, school districts, and accredited nonpublic 4 schools; providing for the retention of certain fees and 5 for the use of certain funds; and including effective date 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 HF 2380 (7) 84 kh/rj
H.F. 2380 DIVISION I 1 COMPETENCY-BASED INSTRUCTION 2 Section 1. Section 256.7, subsection 26, paragraph a, 3 Code Supplement 2011, is amended by adding the following new 4 subparagraph: 5 NEW SUBPARAGRAPH . (02) The rules shall allow a school 6 district or accredited nonpublic school to award high school 7 credit to a student upon the demonstration of required 8 competencies for a course or content area, as approved by 9 an appropriately licensed teacher. The school district or 10 accredited nonpublic school shall determine the assessment 11 methods by which a student demonstrates sufficient evidence of 12 the required competencies. 13 Sec. 2. COMPETENCY-BASED INSTRUCTION TASK FORCE. 14 1. The superintendents of the school districts that have 15 been approved by the department of education to implement 16 competency-based instruction shall appoint a task force 17 to conduct a study regarding competency-based instruction 18 standards and options and the integration of competency-based 19 instruction with the Iowa core curriculum, and to develop 20 related assessment models and professional development focused 21 on competency-based instruction. 22 2. At a minimum, the task force shall do all of the 23 following: 24 a. Redefine the Carnegie unit into competencies. 25 b. Construct personal learning plans and templates. 26 c. Develop student-centered accountability and assessment 27 models. 28 d. Empower learning through technology. 29 e. Develop supports and professional development for 30 educators to transition to a competency-based system. 31 3. a. The task force shall be comprised of at least sixteen 32 members, nine of whom shall represent education stakeholders 33 and practitioners knowledgeable about the Iowa core curriculum; 34 one of whom shall be the deputy director and administrator 35 -1- HF 2380 (7) 84 kh/rj 1/ 71
H.F. 2380 of the division of learning and results of the department 1 of education or the deputy director’s designee; one of whom 2 shall represent the area education agencies; one of whom shall 3 represent the Iowa state education association; and four of 4 whom shall represent the general assembly. 5 b. The four members of the general assembly shall serve as 6 ex officio, nonvoting members. One representative shall be 7 appointed by the speaker of the house of representatives, one 8 representative shall be appointed by the minority leader of the 9 house of representatives, one senator shall be appointed by 10 the majority leader of the senate after consultation with the 11 president of the senate, and one senator shall be appointed by 12 the minority leader of the senate. 13 4. The person representing the area education agency shall 14 convene the initial meeting. The task force shall elect one 15 of its members as chairperson. After the initial meeting, the 16 task force shall meet at the time and place specified by call 17 of the chairperson. The department of education shall provide 18 staffing services for the task force. 19 5. a. The task force shall submit a preliminary report that 20 includes but is not limited to its findings and recommendations 21 relating to subsection 2, paragraphs “b” , “d” , and “e” , by 22 January 15, 2013. 23 b. The task force shall submit its plan, findings, models, 24 and recommendations in a final report to the state board of 25 education, the governor, and the general assembly by November 26 15, 2013. 27 Sec. 3. EFFECTIVE UPON ENACTMENT. This division of this 28 Act, being deemed of immediate importance, takes effect upon 29 enactment. 30 DIVISION II 31 CORE CURRICULUM MATTERS 32 Sec. 4. Section 256.7, subsection 26, paragraph a, Code 33 Supplement 2011, is amended by adding the following new 34 subparagraph: 35 -2- HF 2380 (7) 84 kh/rj 2/ 71
H.F. 2380 NEW SUBPARAGRAPH . (3) Notwithstanding any provision to 1 the contrary, an accredited nonpublic school is not required 2 to meet the core curriculum and core content standards 3 requirements of this chapter that are in conflict with tenets 4 and practices of the bona fide religious institution in charge 5 of the school. 6 Sec. 5. Section 256.7, subsection 26, paragraph a, Code 7 Supplement 2011, is amended by adding the following new 8 subparagraph: 9 NEW SUBPARAGRAPH . (4) The provisions of section 256.18 10 shall be considered by the state board in developing the core 11 curriculum requirements. 12 Sec. 6. Section 256.9, Code Supplement 2011, is amended by 13 adding the following new subsections: 14 NEW SUBSECTION . 62. Appoint members to the core curriculum 15 framework and core content standards advisory council 16 established in section 256.41. The director may establish 17 objectives for the council in accordance with section 256.41. 18 NEW SUBSECTION . 63. a. Create and disseminate to school 19 districts, charter schools, and accredited nonpublic schools 20 a model curriculum that is directly tied to the goals, 21 outcomes, and assessment strategies identified in the core 22 content standards. The model curriculum shall identify a 23 developmentally appropriate scope and sequence of instruction 24 applicable to the core content standards, instructional 25 material resources, and teaching and assessment strategies. 26 The model curriculum shall provide guidance to school districts 27 and schools and expand on the core content standards. The 28 model curriculum shall be modified as necessary to incorporate 29 the core curriculum framework developed pursuant to paragraph 30 “b” . 31 b. Develop by July 1, 2015, a core curriculum framework 32 aligned to the core curriculum standards established pursuant 33 to section 256.7, subsection 26. 34 Sec. 7. NEW SECTION . 256.27 Remediation council. 35 -3- HF 2380 (7) 84 kh/rj 3/ 71
H.F. 2380 1. A remediation council is established consisting of eight 1 members appointed as follows: 2 a. One member representing the community colleges appointed 3 by the president of the Iowa association of community college 4 presidents. 5 b. One member representing the accredited private 6 institutions appointed by the president of the Iowa association 7 of independent colleges and universities. 8 c. One member representing the institutions of higher 9 education governed by the state board of regents appointed by 10 the president of the state board of regents. 11 d. One member representing the practitioner preparation 12 programs at institutions of higher education governed by the 13 state board of regents appointed by the president of the state 14 board of regents. 15 e. One member representing school districts appointed by the 16 president of the Iowa association of school boards. 17 f. One member representing accredited nonpublic schools 18 appointed by the director of the department of education. 19 g. One member representing the department of education 20 appointed by the director of the department of education. 21 h. One member representing the area education agencies 22 appointed by the area education agency administrators. 23 2. Council members shall serve three-year terms beginning 24 and ending as provided in section 69.19, and appointments 25 shall comply with sections 69.16 and 69.16A. Vacancies on the 26 council shall be filled in the same manner as the original 27 appointment. A person appointed to fill a vacancy shall serve 28 only for the unexpired portion of the term. 29 3. The member representing the department of education 30 shall convene the initial meeting. The council shall elect one 31 of its members as chairperson. The council shall meet at least 32 quarterly, and at any time on the call of the chairperson. 33 4. a. The department shall provide staffing services for 34 the council. 35 -4- HF 2380 (7) 84 kh/rj 4/ 71
H.F. 2380 b. Notwithstanding section 257.16, subsection 5, the 1 administrative costs of the council shall be paid from the 2 appropriation made pursuant to section 257.16, subsection 5. 3 5. a. Prior to the initial meeting of the council, the 4 member representing the community colleges shall convene 5 a meeting of members appointed pursuant to subsection 1, 6 paragraphs “a” through “d” to define “remediation” for purposes 7 of the council and outline the skills and expectations for 8 postsecondary level attendance. The definitions and outline 9 shall be distributed and discussed at the initial council 10 meeting. 11 b. The council shall identify measures to help students 12 transition from the secondary to the postsecondary level, 13 limit the cost of remediation, define and standardize the 14 skill sets that determine the need for remediation, and create 15 effective partnerships between secondary schools and higher 16 education institutions. The council shall review activities 17 and services designed to align school district curricula with 18 core postsecondary level requirements and decrease the need 19 for remedial coursework at the secondary school grade level 20 through grade sixteen. The council shall develop strategies 21 to strengthen grade nine through grade sixteen standards, 22 competencies, assessment systems, and the professional 23 development of teachers. For the fiscal year beginning July 24 1, 2012, the council shall focus on mathematics and English 25 remediation measures. 26 6. The council shall submit its findings and 27 recommendations in a report to the state board of education 28 and the general assembly by November 15 annually. The state 29 board and department of education shall use the findings and 30 recommendations to strengthen the common core curriculum and 31 core content standards. 32 Sec. 8. Section 256.18, subsection 1, Code 2011, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . 0b. Implementation of the core curriculum 35 -5- HF 2380 (7) 84 kh/rj 5/ 71
H.F. 2380 requirements established pursuant to section 256.7, subsection 1 26, on-going professional development, and assessment in the 2 areas of student performance and educator performance shall 3 include high expectations, fair and reliable measures of 4 student achievement and teacher performance, and building 5 capacities that address research-based and data-driven 6 intentional cultures of safety and engagement, competencies 7 for positive behaviors, competencies for deeper learning, and 8 college, career, and citizenship readiness. 9 Sec. 9. NEW SECTION . 256.41 Core curriculum framework and 10 core content standards advisory council. 11 1. A core curriculum framework and core content standards 12 advisory council is established under the department. 13 2. The advisory council shall consist of no less than seven 14 members appointed by the director in accordance with sections 15 69.16, 69.16A, and 69.16C. Members shall serve at the pleasure 16 of the director. 17 3. The department is the primary agency responsible for 18 providing administrative personnel and services for the 19 advisory council. 20 4. Members shall elect a chair annually and other officers 21 as the members determine. Members shall establish rules of 22 procedure for the advisory council. 23 5. The advisory council shall meet at least quarterly and at 24 the call of the chair. 25 6. Members of the advisory council shall serve without 26 compensation but may be reimbursed for actual expenses incurred 27 in the performance of their duties. 28 7. The advisory council shall review the core curriculum, 29 the core content standards, and the model curriculum adopted 30 pursuant to section 256.7, subsections 26, 28, and 63 upon 31 request of the director and make recommendations to the 32 director regarding a core curriculum framework and any 33 necessary changes to the core curriculum content standards and 34 model curriculum. In making recommendations, the advisory 35 -6- HF 2380 (7) 84 kh/rj 6/ 71
H.F. 2380 council shall seek to further the goals of the core content 1 standards and any objectives established by the director. 2 Sec. 10. DEPARTMENT OF EDUCATION —— CORE CURRICULUM 3 STUDY. The department of education shall conduct a study 4 of the core curriculum and the core content standards and 5 the skills necessary to prepare students for the future. 6 The department shall develop a plan for meeting the global 7 education needs of students in kindergarten through grade 8 twelve that, at a minimum, determines how to incorporate 9 content areas that include but are not limited to fine arts, 10 applied arts, humanities, physical education, and world 11 languages into the core curriculum. The department shall 12 submit its findings and recommendations in a report to the 13 general assembly by November 15, 2012. 14 DIVISION III 15 TEACHER AND ADMINISTRATOR PERFORMANCE 16 Sec. 11. Section 256.7, Code Supplement 2011, is amended by 17 adding the following new subsection: 18 NEW SUBSECTION . 31. a. By January 1, 2013, adopt rules 19 establishing Iowa teaching standards that are aligned with best 20 practices and nationally accepted standards. 21 b. By July 1, 2013, adopt by rule statewide teacher 22 evaluation system and statewide administrator evaluation system 23 pilot programs which shall be implemented during the 2013-2014 24 school year. This paragraph is repealed July 1, 2015. 25 Sec. 12. Section 256.9, Code Supplement 2011, is amended by 26 adding the following new subsection: 27 NEW SUBSECTION . 64. a. Develop a statewide teacher 28 evaluation system and a statewide administrator evaluation 29 system that school districts, charter schools, and accredited 30 nonpublic schools shall use to standardize the instruments 31 and processes used to evaluate teachers and administrators 32 throughout the state. However, a charter school or accredited 33 nonpublic school may develop and submit to the department for 34 approval an alternative teacher evaluation system that meets 35 -7- HF 2380 (7) 84 kh/rj 7/ 71
H.F. 2380 local and state educational goals. Upon receiving approval 1 from the department, the charter school or accredited nonpublic 2 school may adopt and implement the approved alternative teacher 3 evaluation system in lieu of the statewide teacher evaluation 4 system. 5 b. The components of the statewide teacher evaluation system 6 shall include but not be limited to the following: 7 (1) Direct observation of classroom teaching behaviors. 8 (2) Strong consideration of student outcome measures, when 9 available for tested subjects and grades, to validate direct 10 observation of classroom teaching behaviors. 11 (3) Integration of the Iowa teaching standards. 12 (4) System applicability to teachers in all content areas 13 taught in a school. 14 Sec. 13. Section 284.3, Code 2011, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 4. This section is repealed July 1, 2013. 17 Sec. 14. Section 284.4, subsection 1, paragraph e, Code 18 2011, is amended to read as follows: 19 e. (1) Adopt a teacher evaluation plan that, at minimum, 20 requires a an annual performance review of teachers in the 21 district at least once every three years based upon the Iowa 22 teaching standards and individual professional development 23 plans in accordance with section 284.8 , and requires 24 administrators to complete evaluator training in accordance 25 with section 284.10 . 26 (2) Adopt, by July 1, 2013, the statewide teacher evaluation 27 system developed pursuant to section 256.9, subsection 64. 28 However, the school district may develop and submit to the 29 department for approval an alternative teacher evaluation 30 system that meets local and state educational goals. In lieu 31 of the statewide teacher evaluation system, the school district 32 may adopt and implement the alternative teacher evaluation 33 system upon receiving approval from the department. 34 Sec. 15. Section 284.8, subsections 1 and 2, Code 2011, are 35 -8- HF 2380 (7) 84 kh/rj 8/ 71
H.F. 2380 amended to read as follows: 1 1. A school district shall provide for an annual 2 review a of each teacher’s performance at least once every 3 three years for purposes of assisting teachers in making 4 continuous improvement, documenting continued competence in 5 the Iowa teaching standards, identifying teachers in need of 6 improvement, or to determine whether the teacher’s practice 7 meets school district expectations for career advancement in 8 accordance with section 284.7 . The review shall be conducted 9 by at least one evaluator certified in accordance with section 10 284.10, and shall include, at minimum, classroom observation 11 of the teacher, the teacher’s progress, and implementation of 12 the teacher’s individual professional development plan, subject 13 to the level of resources provided to implement the plan; and 14 shall include supporting documentation from parents, students, 15 and other teachers. 16 2. If , as a result of a review conducted pursuant to 17 subsection 1, a supervisor or an evaluator determines , at any 18 time, as a result of a teacher’s performance that the a teacher 19 is not meeting district expectations under the Iowa teaching 20 standards specified in section 284.3, subsection 1 , paragraphs 21 “a” through “h” established by the state board by rule , the 22 criteria for the Iowa teaching standards developed by the 23 department in accordance with section 256.9, subsection 46 , and 24 any other standards or criteria established in the collective 25 bargaining agreement, the evaluator shall, at the direction of 26 the teacher’s supervisor, recommend to the district that the 27 teacher participate in an intensive assistance program. The 28 intensive assistance program and its implementation are subject 29 to negotiation and grievance procedures established pursuant to 30 chapter 20 . All school districts shall be prepared to offer an 31 intensive assistance program. 32 Sec. 16. Section 284A.7, Code 2011, is amended to read as 33 follows: 34 284A.7 Evaluation requirements for administrators. 35 -9- HF 2380 (7) 84 kh/rj 9/ 71
H.F. 2380 1. A school district shall conduct an annual evaluation 1 of an administrator who holds a professional administrator 2 license issued under chapter 272 at least once every three 3 years for purposes of assisting the administrator in making 4 continuous improvement, documenting continued competence in 5 the Iowa standards for school administrators adopted pursuant 6 to section 256.7, subsection 27 , or to determine whether the 7 administrator’s practice meets school district expectations. 8 The review shall include, at a minimum, an assessment of the 9 administrator’s competence in meeting the Iowa standards for 10 school administrators and the goals of the administrator’s 11 individual professional development plan, including supporting 12 documentation or artifacts aligned to the Iowa standards for 13 school administrators and the individual administrator’s 14 professional development plan. 15 2. Adopt the statewide administrator evaluation system 16 developed pursuant to section 256.9, subsection 64. However, 17 the school district may develop and submit to the department 18 for approval an alternative administrator evaluation system 19 that meets local and state educational goals. In lieu of 20 the statewide administrator evaluation system, the school 21 district may adopt and implement the alternative administrator 22 evaluation system upon receiving approval from the department. 23 Sec. 17. STATEWIDE EDUCATOR EVALUATION SYSTEM TASK 24 FORCE. The director of the department of education shall 25 appoint, and provide staffing services for, a task force to 26 conduct a study regarding a statewide teacher evaluation 27 system and a statewide administrator evaluation system. The 28 study of a statewide teacher evaluation system shall include a 29 review of student outcome measures described in section 256.9, 30 subsection 64, paragraph “b”, subparagraph (2). To the extent 31 possible, appointments shall be made to provide geographical 32 area representation and to comply with sections 69.16, 69.16A, 33 and 69.16C. The task force, at a minimum, shall include in its 34 recommendations and proposal a tiered evaluation system that 35 -10- HF 2380 (7) 84 kh/rj 10/ 71
H.F. 2380 differentiates ineffective, minimally effective, effective, and 1 highly effective performance by teachers and administrators. 2 The task force shall submit its findings, recommendations, and 3 a proposal for each system to the state board of education and 4 the general assembly by October 15, 2012. By November 26, 5 2012, the department of education shall submit a departmental 6 bill drafting request to the legislative services agency 7 in bill draft format making specific and detailed proposed 8 amendments to the Code of Iowa necessary to advance the 9 proposed task force recommendations as approved by the state 10 board of education. 11 Sec. 18. TEACHER PERFORMANCE, COMPENSATION, AND CAREER 12 DEVELOPMENT TASK FORCE. 13 1. The director of the department of education shall 14 appoint, and provide staffing services for, a teacher 15 performance, compensation, and career development task force 16 to develop recommendations for a new teacher compensation 17 system to replace the current teacher compensation system which 18 addresses, at a minimum, the following: 19 a. The duties and responsibilities of apprentice, career, 20 mentor, and master teachers. 21 b. Utilizing retired teachers as mentors. 22 c. Strategic and meaningful uses of finite resources and the 23 realignment of resources currently available. 24 d. Mechanisms to substantially increase the average salary 25 of teachers who assume leadership roles within the profession. 26 e. Standardizing implementation of task force 27 recommendations in all of Iowa’s school districts and public 28 charter schools. 29 2. The director of the department of education shall appoint 30 and provide staffing services for a task force whose members 31 shall represent teachers, parents, school administrators, 32 and business and community leaders. Insofar as practicable, 33 appointments shall be made to provide geographical area 34 representation and to comply with sections 69.16, 69.16A, and 35 -11- HF 2380 (7) 84 kh/rj 11/ 71
H.F. 2380 69.16C. 1 3. The state board of education shall consider the findings 2 and recommendations of the task force when adopting rules 3 establishing Iowa teaching standards pursuant to this Act. 4 4. The task force shall submit its findings and 5 recommendations in a report to the state board of education, 6 the governor, and the general assembly by October 15, 2012. 7 Sec. 19. REPEAL. Section 284.14A, Code 2011, is repealed. 8 Sec. 20. EFFECTIVE UPON ENACTMENT. The sections of 9 this division of this Act providing for the appointment of 10 the statewide educator evaluation system task force and the 11 appointment of the teacher performance, compensation, and 12 career development task force, being deemed of immediate 13 importance, take effect upon enactment. 14 Sec. 21. FUTURE CONTINGENT REPEAL AND USE OF EVALUATION 15 SYSTEMS. 16 1. Section 256.7, subsection 31, and section 256.9, 17 subsection 64, as enacted in this division of this Act, are 18 repealed effective July 1, 2013, if the general assembly fails 19 to enact legislation during the 2013 Regular Session of the 20 Eighty-fifth General Assembly advancing the proposed statewide 21 evaluator evaluation system task force recommendations, as 22 approved by the state board of education, relating to the 23 establishment of a statewide teacher evaluation system and a 24 statewide administrator evaluation system. 25 2. Notwithstanding the sections of this division of this 26 Act amending sections 284.3, 284.8, and 284A.7, if the general 27 assembly fails to enact legislation during the 2013 Regular 28 Session of the Eighty-fifth General Assembly advancing the 29 proposed statewide evaluator evaluation system task force 30 recommendations, as approved by the state board of education, 31 relating to the establishment of a statewide teacher evaluation 32 system and a statewide administrator evaluation system, 33 effective July 1, 2013, all school districts shall continue to 34 use the teacher and administrator evaluation systems in place 35 -12- HF 2380 (7) 84 kh/rj 12/ 71
H.F. 2380 on June 30, 2013. 1 DIVISION IV 2 INNOVATION ACCELERATION PROGRAM —— FUND 3 Sec. 22. NEW SECTION . 256.65 Innovation acceleration 4 program —— fund. 5 1. An innovation acceleration program is established 6 in the department to be administered by the department to 7 provide competitive grants to applicants with a record of 8 improving student achievement and educational attainment in 9 order to expand the implementation of, and investment in, 10 innovative practices that are demonstrated to have an impact 11 on improving student achievement or student growth, closing 12 achievement gaps, decreasing dropout rates, increasing parental 13 involvement, increasing attendance rates, increasing high 14 school graduation rates, or increasing college and career 15 program enrollment and completion rates. The state board shall 16 adopt rules relating to applicant eligibility, application 17 procedures, and awarding of grants. 18 2. The program shall be designed to enable grantees to 19 accomplish all of the following: 20 a. Expand and develop innovative practices that can serve as 21 models of best practices. 22 b. Work in partnership with the private sector, 23 community-based organizations, and the philanthropic community. 24 c. Identify and document best practices that can be shared 25 and expanded based on demonstrated success. 26 3. An innovation acceleration fund is created in the 27 state treasury under the control of the department. Except 28 as otherwise provided in this subsection, the fund shall be 29 administered by the director and shall consist of all moneys 30 deposited in the fund, including any moneys appropriated by the 31 general assembly and any other moneys available to and obtained 32 or accepted by the department from local, state, federal, or 33 private sources for purposes of the innovation acceleration 34 program. Moneys in the fund shall not be disbursed for a grant 35 -13- HF 2380 (7) 84 kh/rj 13/ 71
H.F. 2380 award under this section without the approval of the state 1 board. Notwithstanding section 8.33, moneys in the fund at 2 the end of a fiscal year shall not revert to the general fund 3 of the state. Notwithstanding section 12C.7, subsection 2, 4 interest or earnings on moneys in the fund shall be credited 5 to the fund. 6 DIVISION V 7 ONLINE LEARNING 8 Sec. 23. Section 256.7, subsection 8, Code Supplement 2011, 9 is amended by striking the subsection and inserting in lieu 10 thereof the following: 11 8. Adopt rules providing for the establishment of an online 12 learning program model. 13 a. The rules shall limit the statewide enrollment of 14 pupils in educational instruction and course content that is 15 delivered primarily over the internet to not more than eighteen 16 one-hundredths of one percent of the statewide enrollment of 17 all pupils, and shall limit a school district’s enrollment of 18 pupils in educational instruction and course content that is 19 delivered over the internet to not more than one percent of the 20 school district’s enrollment. 21 b. For purposes of this section and sections 256.9 and 22 256.27, “online learning” means educational instruction and 23 content which is delivered primarily over the internet. 24 “Online learning” does not include printed-based correspondence 25 education, broadcast television or radio, videocassettes, or 26 stand-alone educational software programs that do not have a 27 significant internet-based instructional component. 28 Sec. 24. Section 256.9, Code Supplement 2011, is amended by 29 adding the following new subsection: 30 NEW SUBSECTION . 65. a. Develop and establish an online 31 learning program model in accordance with rules adopted 32 pursuant to section 256.7, subsection 8. 33 b. Grant a waiver to school districts, charter schools, 34 and accredited nonpublic schools that implement an online 35 -14- HF 2380 (7) 84 kh/rj 14/ 71
H.F. 2380 learning program aligned with the program model developed and 1 established pursuant to this subsection. A school district or 2 school seeking a waiver pursuant to this paragraph shall submit 3 a plan for an online learning program to the director for 4 approval. A school district or school whose online learning 5 program plan is approved by the director may be granted a 6 waiver only for purposes of implementing the approved online 7 learning program. The standards that may be waived pursuant to 8 this paragraph are as follows: 9 (1) The minimum number of instructional days required 10 pursuant to section 279.10, subsection 1, and the minimum 11 number of instructional hours required pursuant to section 12 256.7, subsection 19. Notwithstanding any provision to the 13 contrary, the waiver may exempt school districts and schools 14 from any statutory requirement that students be physically 15 present in a school building and under the guidance and 16 instruction of the instructional professional staff employed by 17 the school district or the school except as necessary under the 18 rules adopted pursuant to section 256.7, subsection 8. 19 (2) Any statutory requirement that a subject being studied 20 by a student enrolled in an approved online learning program be 21 a subject that is offered and taught by the professional staff 22 of the school district or school. 23 c. Require that the school district or school granted a 24 waiver pursuant to paragraph “b” implement and incorporate 25 into its comprehensive school improvement plan required under 26 section 256.7, subsection 21, accountability measures designed 27 to demonstrate that academic credit is awarded based upon 28 successful completion of content or achievement of competencies 29 by students enrolled in the approved online learning program. 30 d. Establish criteria for school districts or schools to 31 use when choosing providers of online learning to meet the 32 online learning program requirements specified in rules adopted 33 pursuant to section 256.7, subsection 8. 34 Sec. 25. NEW SECTION . 256.27 Online learning program model. 35 -15- HF 2380 (7) 84 kh/rj 15/ 71
H.F. 2380 1. Online learning program model established. The director, 1 pursuant to section 256.9, subsection 65, shall establish an 2 online learning program model that provides for the following: 3 a. Online access to high-quality content, instructional 4 materials, and blended learning. 5 b. Coursework customized to the needs of the student using 6 online content. 7 c. A means for a student to demonstrate competency in 8 completed online coursework. 9 d. High-quality online instruction taught by appropriately 10 licensed teachers. 11 e. Online content and instruction evaluated on the basis of 12 student learning outcomes. 13 f. Use of funds available for online learning for program 14 development, implementation, and innovation. 15 g. Infrastructure that supports online learning. 16 h. Online administration of online course assessments. 17 2. Online learning program waiver application. A school 18 district, charter school, or accredited nonpublic school may 19 apply to the department for a waiver to implement an online 20 learning program pursuant to section 256.9, subsection 65. 21 3. Private providers. At the discretion of the school board 22 or authorities in charge of an accredited nonpublic school, 23 after consideration of circumstances created by necessity, 24 convenience, and cost-effectiveness, courses developed by 25 private providers may be utilized by the school district or 26 school in implementing a high-quality online learning program. 27 Courses obtained from private providers shall be taught by 28 teachers licensed under this chapter. 29 4. Grading. Grades in online courses shall be based, 30 at a minimum, on whether a student mastered the subject, 31 demonstrated competency, and met the standards established 32 by the school district. Grades shall be conferred by 33 appropriately licensed teachers only. 34 5. Accreditation criteria. All online courses and programs 35 -16- HF 2380 (7) 84 kh/rj 16/ 71
H.F. 2380 shall meet existing accreditation standards. 1 Sec. 26. NEW SECTION . 256.28 Iowa learning online 2 initiative. 3 1. An Iowa learning online initiative is established 4 within the department of education to partner with school 5 districts and accredited nonpublic schools to provide distance 6 education to high school students statewide. The department 7 shall utilize a variety of content repositories, including 8 those maintained by the area education agencies and the public 9 broadcasting division, in administering the initiative. 10 2. Coursework offered under the initiative shall 11 meet the requirements of section 256.7, subsections 12 7, 8, and 9, and shall be taught by an appropriately 13 licensed teacher who has completed an online-learning 14 -for-Iowa-educators-professional-development project offered 15 by area education agencies, a teacher preservice program, or 16 comparable coursework. 17 3. Under the initiative, students must be enrolled in a 18 participating school district or school, which is responsible 19 for recording grades received for initiative coursework in a 20 student’s permanent record, awarding high school credit for 21 initiative coursework, and issuing high school diplomas to 22 students enrolled in the district or school who participate and 23 complete coursework under the initiative. Each participating 24 school district or school shall identify a site coordinator 25 to serve as a student advocate and as a liaison between the 26 initiative staff and teachers and the school district or 27 school. 28 4. Coursework offered under the initiative shall be 29 rigorous and high quality, and the department shall annually 30 evaluate the quality of the courses, ensure that coursework 31 is aligned with the state’s core curriculum and core content 32 requirements and standards, as well as national standards 33 of quality for online courses issued by an internationally 34 recognized association for kindergarten through grade twelve 35 -17- HF 2380 (7) 84 kh/rj 17/ 71
H.F. 2380 online learning. 1 5. The department may waive any requirement that a subject 2 being studied under the initiative by a student enrolled in a 3 school district or school participating in the initiative be a 4 subject that is offered and taught by the professional staff of 5 the participating school district or school. 6 Sec. 27. Section 256.33, subsection 1, Code 2011, is amended 7 to read as follows: 8 1. The department shall consort with school districts, 9 area education agencies, community colleges, and colleges 10 and universities to provide assistance to them in the use 11 of educational technology for instruction purposes. The 12 department shall consult with the advisory committee on 13 telecommunications, established in section 256.7, subsection 7 , 14 and other users of educational technology on the development 15 and operation of programs under this section , section 256.9, 16 subsection 65, and section 256.27 . 17 Sec. 28. CENTER OF EXCELLENCE FOR ONLINE LEARNING —— 18 LEGISLATIVE INTENT. It is the intent of the general assembly 19 to encourage and support the establishment of a center for 20 excellence for online learning at the university of northern 21 Iowa. 22 DIVISION VI 23 EDUCATIONAL STANDARDS EXEMPTIONS 24 Sec. 29. Section 256.11, subsection 8, Code 2011, is amended 25 to read as follows: 26 8. a. Upon request of the board of directors of a 27 public school district or the authorities in charge of a 28 nonpublic school, the director may, for a number of years to 29 be specified by the director, grant the district board or the 30 authorities in charge of the nonpublic school exemption from 31 one or more of the requirements of the educational program 32 specified in subsection 5 this section . The exemption may be 33 renewed. Exemptions shall be granted only if the director 34 deems that the request made is an essential part of a planned 35 -18- HF 2380 (7) 84 kh/rj 18/ 71
H.F. 2380 innovative curriculum project which the director determines 1 will adequately meet the educational needs and interests of 2 the pupils and be broadly consistent with the intent of the 3 educational program as defined in subsection 5 this section . 4 The request for exemption shall include all of the following: 5 a. (1) Rationale of the project to include supportive 6 research evidence. 7 b. (2) Objectives of the project. 8 c. (3) Provisions for administration and conduct of the 9 project, including the use of personnel, facilities, time, 10 techniques, and activities. 11 d. (4) Plans for evaluation of the project by testing 12 and observational measures of pupil progress in reaching the 13 objectives. 14 e. (5) Plans for revisions of the project based on 15 evaluation measures. 16 f. (6) Plans for periodic reports to the department. 17 g. (7) The estimated cost of the project. 18 b. Upon request of the board of directors of a public 19 school district, the director may, for a number of years to be 20 specified by the director, grant the district board exemption 21 from one or more of the requirements of the educational program 22 specified in this section if the school district complies with 23 the requirements set forth in section 256F.4, subsection 2, 24 paragraphs “a” through “m” , the request for exemption includes 25 the components specified in paragraph “a” , subparagraphs (1) 26 through (7), and the director deems that the request made is an 27 essential part of a planned innovative curriculum project which 28 the director determines will adequately meet the educational 29 needs and interests of the pupils and be broadly consistent 30 with the intent of the educational program as defined in this 31 section. 32 c. The director shall submit a report by February 1, 33 annually, to the state board, the governor, and the general 34 assembly that lists all of the exemptions granted pursuant to 35 -19- HF 2380 (7) 84 kh/rj 19/ 71
H.F. 2380 this subsection and the reasons for which each exemption was 1 granted by the director. 2 DIVISION VII 3 EDUCATION JOB OPENINGS POSTING 4 Sec. 30. Section 256.9, Code Supplement 2011, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION . 70. Maintain, on the department’s internet 7 site, education job openings which shall be submitted for 8 posting by school districts, area education agencies, and 9 charter schools; and may be submitted by accredited nonpublic 10 schools. 11 DIVISION VIII 12 CLASS SHARING AGREEMENTS 13 Sec. 31. Section 257.11, subsection 3, Code 2011, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . c. A school district that collaborates with 16 a community college to provide a college-level class that uses 17 an activities-based, project-based, and problem-based learning 18 approach and that is offered through a partnership with a 19 nationally recognized provider of rigorous and innovative 20 science, technology, engineering, and mathematics curriculum 21 for schools, which provider is exempt from taxation under 22 section 501(c)(3) of the Internal Revenue Code, is eligible to 23 receive additional weighting under a supplementary weighting 24 plan adopted pursuant to this subsection. 25 Sec. 32. Section 257.11, subsection 7, Code 2011, is amended 26 to read as follows: 27 7. Shared classes delivered over the Iowa communications 28 network . 29 a. A school district that provides a virtual class to 30 a pupil in another school district and the school district 31 receiving that virtual class for a pupil shall each receive 32 a supplemental weighting of one-twentieth of the percentage 33 of the pupil’s school day during which the pupil attends the 34 virtual class. 35 -20- HF 2380 (7) 84 kh/rj 20/ 71
H.F. 2380 b. Fifty percent of the funding the school district 1 providing the virtual class receives as a result of this 2 subsection shall be reserved as additional pay for the virtual 3 classroom instructor. If an instructor’s contract provides 4 additional pay for teaching a virtual class, the instructor 5 shall receive the greater amount of either the amount provided 6 for in this paragraph or the amount provided for in the 7 instructor’s contract. 8 c. A school district receiving a virtual class for a 9 pupil from a community college, which class meets the sharing 10 agreement requirements in subsection 3 , shall receive a 11 supplemental funding weighting of one-twentieth of the 12 percentage of the pupil’s school day during which the pupil 13 attends the virtual class. 14 d. For the purposes of this subsection , “virtual class” 15 means either any of the following: 16 (1) A class provided by a school district to a pupil in 17 another school district via the Iowa communications network’s 18 video services. 19 (2) A class provided by a community college to a pupil in 20 a school district via the Iowa communications network’s video 21 services. 22 (3) An advanced placement course provided to a pupil in 23 a school district under an agreement with the Iowa online 24 advanced placement academy science, technology, engineering, 25 and mathematics initiative under section 263.8A, subsection 2. 26 (4) A course provided by the Iowa learning online initiative 27 of the department of education to a pupil in a school district 28 under an agreement with the department. 29 Sec. 33. Section 261E.8, Code Supplement 2011, is amended by 30 adding the following new subsection: 31 NEW SUBSECTION . 6A. A student enrolled in a career and 32 technical course made available pursuant to subsection 1 is 33 exempt from the proficiency requirements of section 261E.3, 34 subsection 1, paragraph “e” . However, a community college 35 -21- HF 2380 (7) 84 kh/rj 21/ 71
H.F. 2380 may require a student who applies for enrollment under a 1 district-to-community college sharing or concurrent enrollment 2 program to complete an initial assessment administered by 3 the community college receiving the application to determine 4 the applicant’s readiness to enroll in career and technical 5 coursework, and the community college may deny the enrollment. 6 DIVISION IX 7 SCHOOL INSTRUCTIONAL TIME 8 Sec. 34. Section 256C.3, subsection 3, paragraph f, Code 9 2011, is amended to read as follows: 10 f. A minimum of ten fifteen hours per week of instruction 11 delivered on the skills and knowledge included in the student 12 learning standards developed for the preschool program. 13 Sec. 35. SCHOOL INSTRUCTIONAL TIME TASK FORCE. 14 1. The director of the department of education shall 15 appoint a school instructional time task force comprised of at 16 least seven members to conduct a study regarding the minimum 17 requirements of the school day and the school year. The study 18 shall include but not be limited to an examination of the 19 following: 20 a. Whether the minimum length of an instructional day should 21 be extended and, if so, whether the instructional day should be 22 extended for all students or for specific groups of students. 23 b. Whether the minimum number of instructional days or 24 hours in a school year should be increased and, if so, whether 25 the minimum number of days or hours in a school year should be 26 increased for all students or for specific groups of students. 27 c. Whether the minimum number of instructional days or hours 28 should be rearranged to result in a shorter summer break, with 29 other days or weeks off throughout the school year. 30 d. Whether the minimum school year should be defined by a 31 number of days or by a number of instructional hours. 32 e. Whether there should be a uniform, statewide start date 33 for the school year that can only be waived for the purpose of 34 implementing an innovative educational program. 35 -22- HF 2380 (7) 84 kh/rj 22/ 71
H.F. 2380 f. Whether resources necessary to extend the minimum length 1 of an instructional day or the minimum length of a school year 2 are justified when compared to competing education priorities. 3 2. The appointment of members to the task force shall 4 be made in a manner which provides geographical area 5 representation and complies with sections 69.16, 69.16A, and 6 69.16C. 7 3. The task force shall submit its findings and 8 recommendations in a report to the state board of education, 9 the governor, and the general assembly by October 15, 2012. 10 DIVISION X 11 ASSESSMENTS 12 Sec. 36. Section 256.7, subsection 21, paragraph c, Code 13 Supplement 2011, is amended to read as follows: 14 c. A requirement that all school districts and accredited 15 nonpublic schools annually report to the department and the 16 local community the district-wide progress made in attaining 17 student achievement goals on the academic and other core 18 indicators and the district-wide progress made in attaining 19 locally established student learning goals. The Use by school 20 districts and accredited nonpublic schools shall demonstrate 21 the use of multiple statewide assessment measures identified 22 and approved by the state board in determining student 23 achievement levels. The school districts and accredited 24 nonpublic schools shall also report the number of students 25 who graduate; the number of students who drop out of school; 26 the number of students who are tested and the percentage of 27 students who are so tested annually; and the percentage of 28 students who graduated during the prior school year and who 29 completed a core curriculum. The board shall develop and 30 adopt uniform definitions consistent with the federal No Child 31 Left Behind Act of 2001, Pub. L. No. 107-110 and any federal 32 regulations adopted pursuant to the federal Act. The school 33 districts and accredited nonpublic schools may report on other 34 locally determined factors influencing student achievement. 35 -23- HF 2380 (7) 84 kh/rj 23/ 71
H.F. 2380 The school districts and accredited nonpublic schools shall 1 also report to the local community their results by individual 2 attendance center. 3 Sec. 37. Section 256.7, subsection 21, Code Supplement 4 2011, is amended by adding the following new paragraph: 5 NEW PARAGRAPH . d. By July 1, 2014, establishment by the 6 department of an accountability system designed to hold school 7 districts and accredited nonpublic schools accountable for 8 student achievement. The accountability system shall, at 9 a minimum, define and measure student achievement, student 10 growth, student achievement gaps, college and career readiness, 11 student well-being, parent satisfaction, school staff working 12 conditions, school fiscal responsibility, and graduation 13 and attendance rates. The director may at the director’s 14 discretion, or shall as directed by the state board, convene 15 a working group to develop recommendations for any of the 16 following: 17 (1) The accountability system established pursuant to this 18 paragraph. 19 (2) Redesigning the accreditation procedures implemented 20 under section 256.11. 21 (3) A compliance monitoring process aligned with the 22 accountability system. 23 (4) Targeting support for school districts identified as 24 needing assistance under the accountability system. 25 (5) Identifying, studying, and commending high-performing 26 districts. 27 (6) Developing strategies to take over the operation of 28 school districts determined pursuant to section 256.11, or 29 under the accountability system, as persistently failing to 30 meet educational system or student achievement standards. 31 Sec. 38. Section 256.7, subsection 26, paragraph a, 32 subparagraph (1), Code Supplement 2011, is amended to read as 33 follows: 34 (1) The rules establishing high school graduation 35 -24- HF 2380 (7) 84 kh/rj 24/ 71
H.F. 2380 requirements shall authorize a school district or 1 accredited nonpublic school to consider that any student 2 who satisfactorily completes a high school-level unit of 3 English or language arts, mathematics, science, or social 4 studies has satisfactorily completed a unit of the high school 5 graduation requirements for that area as specified in this 6 lettered paragraph, and shall authorize the school district 7 or accredited nonpublic school to issue high school credit 8 for the unit to the student. The rules shall also require 9 administration of the college entrance and career readiness 10 examinations in accordance with section 280.18. 11 Sec. 39. Section 256.7, subsection 26, Code Supplement 12 2011, is amended by adding the following new paragraph: 13 NEW PARAGRAPH . d. Adopt by rule by July 1, 2014, a policy 14 for the incorporation by school districts of end-of-course 15 assessments into the district’s high school graduation 16 requirements. 17 Sec. 40. Section 256.7, subsection 28, Code Supplement 18 2011, is amended to read as follows: 19 28. Adopt a set of core content standards applicable to 20 all students in kindergarten through grade twelve in every 21 school district and accredited nonpublic school. For purposes 22 of this subsection , “core content standards” includes reading, 23 mathematics, and science. The core content standards shall be 24 identical to the core content standards included include those 25 established in Iowa’s approved 2006 standards and assessment 26 system under Tit. I of the federal Elementary and Secondary 27 Education Act of 1965, 20 U.S.C. § 6301 et seq., as amended 28 by the federal No Child Left Behind Act of 2001, Pub. L. No. 29 107-110. School districts and accredited nonpublic schools 30 shall include, at a minimum, the core content standards adopted 31 pursuant to this subsection in any set of locally developed 32 content standards. School districts and accredited nonpublic 33 schools are strongly encouraged to set higher expectations 34 in local standards. As changes in federal law or regulation 35 -25- HF 2380 (7) 84 kh/rj 25/ 71
H.F. 2380 occur, the state board is authorized to amend the core content 1 standards as appropriate. 2 Sec. 41. Section 256.9, Code Supplement 2011, is amended by 3 adding the following new subsection: 4 NEW SUBSECTION . 68. Develop, by July 1, 2014, high school 5 end-of-course assessments for subject areas included under the 6 core content standards. 7 Sec. 42. NEW SECTION . 256.24 Value-added assessment 8 system. 9 1. For purposes of this section, unless the context 10 otherwise requires, “value-added assessment” means a method 11 to measure gains in student achievement by conducting a 12 statistical analysis of achievement data that reveals academic 13 growth over time for students and groups of students, such as 14 those in a grade level or in a school. 15 2. A value-added assessment system shall be established and 16 implemented by the department not later than January 31, 2013, 17 to provide for multivariate longitudinal analysis of annual 18 student test scores to determine the influence of a school 19 district’s educational program on student academic growth and 20 to guide school district improvement efforts. The department 21 shall select a value-added assessment system provider through a 22 request for proposals process. The system provider selected 23 by the department shall offer a value-added assessment system 24 to calculate annually the academic growth of students, as 25 determined by the director, and tested in accordance with this 26 section. The system provider shall, at a minimum, meet all of 27 the following criteria: 28 a. Use a mixed-model statistical analysis that has the 29 ability to use all achievement test data for each student, 30 including the data for students with missing test scores, that 31 does not adjust downward expectations for student progress 32 based on race, poverty, or gender, and that will provide the 33 best linear unbiased predictions of school or other educational 34 entity effects to minimize the impact of random errors. 35 -26- HF 2380 (7) 84 kh/rj 26/ 71
H.F. 2380 b. Have the ability to work with test data from a variety of 1 sources, including data that are not vertically scaled, and to 2 provide support for school districts utilizing the system. 3 c. Have the capacity to receive and report results 4 electronically and provide support for districts utilizing the 5 system. 6 3. The system provider shall create a mechanism to collect 7 and evaluate data in a manner that reliably aligns the 8 performance of the teacher with the achievement levels of and 9 progress of the teacher’s students. School districts shall 10 report teacher-to-student alignment data to the system provider 11 as directed by the department. 12 4. The system provider shall provide analysis to school 13 districts and to the department of education. The analysis 14 shall include but not be limited to attendance-center-level 15 test results for an assessment aligned with the core content 16 standards in the areas of reading and mathematics and other 17 core academic areas when possible. The analysis shall also 18 include but not be limited to the number of students tested, 19 the number of test results used to compute the averages, 20 the average standard score, and the corresponding grade 21 equivalent-score, as well as measures of student progress. The 22 system provider shall create a chart for each school district. 23 5. A school district shall have complete access to and 24 full utilization of its own value-added assessment reports and 25 charts generated by the system provider at the student level 26 for the purpose of measuring student achievement at different 27 educational entity levels. 28 6. Where student outcomes measures are available, for 29 tested subjects and grades, student outcomes measures 30 shall be considered by the district to validate a teacher’s 31 observational evaluation. Student outcomes measures which are 32 a component of a teacher’s evaluation are not public records 33 for the purposes of chapter 22. 34 7. Information about student academic growth shall be 35 -27- HF 2380 (7) 84 kh/rj 27/ 71
H.F. 2380 used by the school district, including school board members, 1 administration, and staff, for defining student and district 2 learning goals and professional development related to student 3 learning goals across the school district. A school district 4 shall submit its academic growth measures in the annual report 5 submitted pursuant to section 256.7, subsection 21, and may 6 reference in the report state level norms for purposes of 7 demonstrating school district performance. 8 8. The department shall use student academic growth data to 9 determine school improvement and technical assistance needs of 10 school districts, and to identify school districts achieving 11 exceptional gains. Beginning January 15, 2013, and by January 12 15 of each succeeding year, the department shall submit an 13 annual progress report regarding the use of student academic 14 growth information in the school improvement processes to the 15 general assembly and shall publish the progress report on its 16 internet site. 17 9. A school district shall use the value-added assessment 18 system established by the department pursuant to subsection 1 19 not later than the school year beginning July 1, 2013. 20 Sec. 43. Section 279.60, Code 2011, is amended to read as 21 follows: 22 279.60 Kindergarten assessment Assessments —— access to data 23 —— reports. 24 1. a. Each school district shall administer a kindergarten 25 readiness assessment prescribed by the department of education 26 to every resident prekindergarten or four-year-old child whose 27 parent or guardian enrolls the child in the district. 28 b. Each school district shall administer the dynamic 29 indicators of basic early literacy skills kindergarten 30 benchmark assessment or other kindergarten benchmark assessment 31 adopted by the department of education in consultation with 32 the early childhood Iowa state board to every kindergarten 33 student enrolled in the district not later than the date 34 specified in section 257.6, subsection 1 . The school district 35 -28- HF 2380 (7) 84 kh/rj 28/ 71
H.F. 2380 shall also collect information from each parent, guardian, 1 or legal custodian of a kindergarten student enrolled in the 2 district, including but not limited to whether the student 3 attended preschool, factors identified by the early childhood 4 Iowa office pursuant to section 256I.5 , and other demographic 5 factors. Each school district shall report the results of 6 the assessment and the preschool information collected to 7 the department of education in the manner prescribed by the 8 department not later than January 1 of that school year. The 9 early childhood Iowa office in the department of management 10 shall have access to the raw data. The department shall review 11 the information submitted pursuant to this section and shall 12 submit its findings and recommendations annually in a report to 13 the governor, the general assembly, the early childhood Iowa 14 state board, and the early childhood Iowa area boards. 15 2. a. Each school district shall administer the Iowa 16 assessments, created by the state university of Iowa, to all 17 students enrolled in grade ten in the school years beginning 18 July 1, 2012, and July 1, 2013. 19 b. This subsection is repealed July 1, 2014. 20 3. By July 1, 2014, each school district shall administer 21 end-of-course assessments developed pursuant to section 256.9, 22 subsection 68, as an integral component of each course of study 23 under the core content standards. 24 Sec. 44. NEW SECTION . 280.18 Assessment requirements. 25 1. The board of directors of a school district and the 26 authorities in charge of a nonpublic school shall offer to each 27 student enrolled in grade eleven a choice of taking either 28 a college entrance examination produced to assess English, 29 reading, mathematics, and science; or an assessment to assess 30 reading for information, locating information, and applied 31 mathematics. 32 2. a. The cost of the examinations and assessments 33 administered pursuant to subsection 1 shall be paid by the 34 department. 35 -29- HF 2380 (7) 84 kh/rj 29/ 71
H.F. 2380 b. The costs of a college entrance examination taken by a 1 student in addition to those specified in subsection 1 shall be 2 the responsibility of the student. 3 3. If funds are available to the department for such 4 purpose, the department shall make a preparation program for 5 the college entrance examination available to all students in 6 grade eleven. The department may contract for the necessary 7 assessment services. 8 4. a. The school district or school shall counsel a student 9 whose scores on the college entrance examination administered 10 in grade eleven indicate a high degree of readiness for college 11 to enroll in accelerated courses, with an emphasis on advanced 12 placement and other college-level classes. 13 b. The school district or school shall provide intervention 14 strategies for accelerated learning in the following 15 circumstances: 16 (1) To a student whose scores on the career readiness 17 assessments indicate that additional assistance is required 18 in reading for information, locating information, or applied 19 mathematics. 20 (2) To a student whose scores on the college entrance 21 examination administered in grade eleven indicate that 22 additional assistance is required in English, reading, 23 mathematics, and science. 24 5. Accommodations provided by the college entrance 25 examination provider to a student with a disability taking 26 the college entrance examination under subsection 1 shall be 27 provided in the following manner: 28 a. In the manner allowed by the college entrance examination 29 provider, when results in test scores are reportable to 30 a postsecondary institution for admissions and placement 31 purposes, except as provided in paragraph “b” . 32 b. In a manner allowed by an individualized education 33 program developed for the student if the student is a student 34 requiring special education under chapter 256B and the 35 -30- HF 2380 (7) 84 kh/rj 30/ 71
H.F. 2380 student’s disability precludes valid assessment of academic 1 ability using the accommodations provided under paragraph “a” 2 when the student’s scores are not reportable to a postsecondary 3 institution for admissions and placement purposes. 4 6. A student’s scores on the examinations administered 5 under subsection 1 shall be recorded by the school district or 6 school in the student’s official education record. 7 DIVISION XI 8 NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS AWARDS 9 Sec. 45. Section 256.44, subsection 1, paragraph a, Code 10 2011, is amended to read as follows: 11 a. If a teacher registers for national board for 12 professional teaching standards certification by after December 13 31, 2007, a one-time initial reimbursement award in the amount 14 of up to one-half of the registration fee paid by the teacher 15 for registration for certification by the national board for 16 professional teaching standards. The teacher shall apply to 17 the department within one year of registration in a manner and 18 according to procedures required by the department , submitting 19 to the department any documentation the department requires. 20 A teacher who receives an initial reimbursement award shall 21 receive a one-time final registration award in the amount of 22 the remaining national board registration fee paid by the 23 teacher if the teacher notifies the department of the teacher’s 24 certification achievement and submits any documentation 25 requested by the department. 26 Sec. 46. Section 256.44, subsection 1, paragraph b, 27 subparagraph (1), subparagraph division (b), Code 2011, is 28 amended to read as follows: 29 (b) If the teacher registers for national board for 30 professional teaching standards certification between January 31 1, 1999, and December 31, 2007, and achieves certification 32 within the timelines and policies established by the national 33 board for professional teaching standards, an annual award in 34 the amount of two thousand five hundred dollars upon achieving 35 -31- HF 2380 (7) 84 kh/rj 31/ 71
H.F. 2380 certification by the national board of professional teaching 1 standards. 2 DIVISION XII 3 EDUCATOR EMPLOYMENT AND PROFESSIONAL DEVELOPMENT MATTERS 4 Sec. 47. Section 256.7, Code Supplement 2011, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION . 32. Adopt rules providing for the 7 establishment of a statewide plan for professional development 8 for practitioners employed in Iowa’s school districts. The 9 statewide plan shall be designed to make every reasonable 10 effort to utilize best practices, current technologies, and 11 social media, and shall be implemented by the area education 12 agencies pursuant to section 273.2. 13 Sec. 48. Section 256.9, Code Supplement 2011, is amended by 14 adding the following new subsection: 15 NEW SUBSECTION . 69. Approve, amend and approve, or reject 16 each professional development plan submitted pursuant to 17 section 273.2, in accordance with the rules adopted pursuant to 18 section 256.7, subsection 32, providing for the establishment 19 of a statewide professional development plan for practitioners, 20 the services of which a school district may request pursuant 21 to section 273.2. 22 Sec. 49. Section 257.10, subsection 10, paragraph d, Code 23 2011, is amended to read as follows: 24 d. The use of the funds calculated under this subsection 25 shall comply with the requirements of section 256.7, subsection 26 32, and chapter 284 . 27 Sec. 50. Section 257.37A, subsection 2, paragraph d, Code 28 2011, is amended to read as follows: 29 d. The use of the funds calculated under this subsection 30 shall comply with requirements of section 256.7, subsection 32, 31 and chapter 284 . 32 Sec. 51. Section 273.2, Code Supplement 2011, is amended by 33 adding the following new subsection: 34 NEW SUBSECTION . 10. The area education agency boards shall 35 -32- HF 2380 (7) 84 kh/rj 32/ 71
H.F. 2380 each annually submit to the department of education a plan 1 for a professional development program, to be implemented in 2 the following fiscal year, which combines the professional 3 development priorities of the state board of education, 4 in accordance with section 256.7, subsection 32, with the 5 professional development needs of the schools and school 6 districts in the area. The area education agency board shall 7 provide professional development services under the approved 8 program to local school districts in the area upon request. 9 Sec. 52. Section 279.13, Code 2011, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 6. Notwithstanding the other provisions 12 of this section and any contrary provision of the Code, if 13 the board of directors of a school district or charter school 14 institutes, by majority vote of the membership of the board, 15 a reduction in force, a decision by the board not to renew a 16 teacher contract shall be based upon the following: 17 a. The teacher’s effectiveness as demonstrated in 18 evaluations conducted under the teacher evaluation plan adopted 19 pursuant to section 284.4, and the teacher’s performance review 20 conducted pursuant to section 284.8. 21 b. The teacher’s licensure and endorsements and the needs of 22 the school district or school, and the needs of the students. 23 c. The teacher’s hiring date may be taken into consideration 24 only if the bases existing under paragraphs “a” and “b” are 25 substantially equal to the bases existing under paragraphs “a” 26 and “b” for another teacher. 27 Sec. 53. Section 284.6, subsection 1, unnumbered paragraph 28 1, Code Supplement 2011, is amended to read as follows: 29 The department shall coordinate a implement the statewide 30 network of plan for professional development for Iowa teachers 31 practitioners established pursuant to section 256.7, subsection 32 32 . A In addition, a school district or professional 33 development provider that offers a career and professional 34 development program programs in accordance with section 256.9, 35 -33- HF 2380 (7) 84 kh/rj 33/ 71
H.F. 2380 subsection subsections 46 , and 69 shall demonstrate that the 1 program contains programs contain the following: 2 Sec. 54. Section 284.6, Code Supplement 2011, is amended by 3 adding the following new subsection: 4 NEW SUBSECTION . 5A. The director may waive the requirements 5 relating to the development and review of an individual teacher 6 professional development plan for a school district that 7 utilizes a peer review teacher evaluation system in which 8 consulting teachers, in conjunction with school administrators, 9 make formal evaluations of the school district’s teachers, 10 including but not limited to each teacher’s professional 11 growth and employment status. Notwithstanding section 284.8, 12 subsection 1, if the school district is granted a waiver 13 pursuant to this subsection, the review conducted pursuant to 14 section 284.8, subsection 1, shall include a teacher’s review 15 conducted utilizing the peer review teacher evaluation system. 16 DIVISION XIII 17 CHARTER SCHOOL CHANGES 18 Sec. 55. Section 256F.1, subsections 1 and 2, Code 2011, are 19 amended by striking the subsections. 20 Sec. 56. Section 256F.1, subsection 3, unnumbered paragraph 21 1, Code 2011, is amended to read as follows: 22 The purpose of a charter school or an innovation zone school 23 established pursuant to this chapter shall be to accomplish the 24 following: 25 Sec. 57. Section 256F.1, subsection 4, Code 2011, is amended 26 by striking the subsection and inserting in lieu thereof the 27 following: 28 4. This section shall not be construed to provide a means 29 to keep open a school that the board of directors of a school 30 district closes. However, a school board may endorse or 31 authorize the establishing of a charter school to replace the 32 school the board closes. Applicants seeking a charter under 33 this circumstance shall demonstrate to the state board that 34 the charter sought is substantially different in purpose and 35 -34- HF 2380 (7) 84 kh/rj 34/ 71
H.F. 2380 program from the school the board closes and that the proposed 1 charter satisfies the requirements of this section. The state 2 board shall not approve an application submitted under section 3 256F.5 if the application does not comply with this subsection. 4 Sec. 58. Section 256F.2, subsections 1 and 6, Code 2011, 5 are amended by striking the subsections and inserting in lieu 6 thereof the following: 7 1. “Applicant means an entity eligible to submit to the 8 state board an application to charter a school in accordance 9 with this chapter. “Applicant” includes any of the following: 10 a. The board of directors of a school district. 11 b. A consortium consisting of the boards of directors of two 12 or more school districts. 13 c. An area education agency board. 14 d. A consortium consisting of the boards of directors of 15 an area education agency and one or more school districts, at 16 least one of which is located within the boundaries of the area 17 education agency. 18 e. The board of directors of a community college. 19 f. A consortium consisting of the boards of directors of a 20 community college and one or more school districts, at least 21 one of which is located within the boundaries of the community 22 college. 23 g. An institution of higher education governed by the state 24 board of regents. 25 h. A consortium consisting of an institution of higher 26 education governed by the state board of regents and the board 27 of directors of one or more school districts. 28 i. A consortium consisting of one or more accredited private 29 institutions as defined in section 261.9, all of which shall be 30 exempt from taxation under section 501(c)(3) of the Internal 31 Revenue Code, and the board of directors of one or more school 32 districts. 33 j. A consortium consisting of the governing body of a city 34 or county with a population over ninety-five thousand and the 35 -35- HF 2380 (7) 84 kh/rj 35/ 71
H.F. 2380 board of directors of one or more school districts located, at 1 least in part, within the boundaries of the city or county. 2 k. A nonsectarian, nonreligious charitable organization that 3 is exempt from taxation under section 501(c)(3) of the Internal 4 Revenue Code. 5 6. “Operator” means an applicant approved by the state board 6 to charter a school under this chapter. 7 Sec. 59. Section 256F.2, subsection 7, Code 2011, is amended 8 by striking the subsection. 9 Sec. 60. Section 256F.3, Code 2011, is amended by striking 10 the section and inserting in lieu thereof the following: 11 256F.3 Duties of the department. 12 The department shall do the following: 13 1. Develop and implement an orientation program for 14 operators. An operator shall successfully complete the 15 orientation program prior to chartering a school pursuant to 16 this chapter. The program shall include but not be limited 17 to accountability requirements, reporting requirements, and 18 financial management. If the operator does not successfully 19 complete the orientation program in the time specified by the 20 department, the state board shall reevaluate the operator’s 21 application and may deny the application. If the state board 22 denies an application under this subsection, the decision of 23 the state board is final agency action under chapter 17A. 24 2. Develop and implement or approve orientation programs 25 for members of the boards of directors of charter schools, 26 including but not limited to orientation on the charter school 27 board’s role and responsibilities, employment policies and 28 practices, and financial management. 29 3. Monitor and evaluate the fiscal, operational, and 30 student performance of the charter school annually and provide 31 a written annual performance evaluation to the charter school 32 board and the state board. 33 4. Provide, every fifth year in which a charter school is 34 in operation and before the state board considers renewing 35 -36- HF 2380 (7) 84 kh/rj 36/ 71
H.F. 2380 a charter school’s contract, a formal written review of the 1 annual evaluations conducted pursuant to subsection 3. 2 Sec. 61. Section 256F.4, subsections 1, 5, and 7, Code 2011, 3 are amended by striking the subsections. 4 Sec. 62. Section 256F.4, subsections 2, 6, and 8, Code 2011, 5 are amended to read as follows: 6 2. Although a charter school or innovation zone school 7 may elect to comply with one or more provisions of statute or 8 administrative rule, a charter school or innovation zone school 9 is exempt from all statutes and administrative rules applicable 10 to a school, a school board, or a school district, except that 11 the charter school or innovation zone school shall meet the 12 requirements of this chapter and shall do all of the following: 13 a. Meet all applicable federal, state, and local health and 14 safety requirements and laws prohibiting discrimination on the 15 basis of race, creed, color, sex, sexual orientation, gender 16 identity, national origin, religion, ancestry, or disability. 17 A charter school or innovation zone school shall be subject to 18 any court-ordered desegregation plan in effect for the school 19 district at the time the charter school or innovation zone 20 school application is approved. 21 b. Operate as a nonsectarian, nonreligious public school. 22 c. Be free of tuition and application fees to Iowa resident 23 students between the ages of five and twenty-one years. 24 d. Be subject to and comply with chapters 216 and 216A 25 relating to civil and human rights. 26 e. Provide Make special education programs and services 27 available to students requiring special education in accordance 28 with chapter 256B . 29 f. Be subject to the same financial audits, audit 30 procedures, and audit requirements as a school district. The 31 audit shall be consistent with the requirements of sections 32 11.6 , 11.14 , 11.19 , 256.9, subsection 20 , section 256F.8, and 33 section 279.29 , except to the extent deviations are necessary 34 because of the program at the charter school. The department, 35 -37- HF 2380 (7) 84 kh/rj 37/ 71
H.F. 2380 the auditor of state, or the legislative services agency may 1 conduct financial, program, or compliance audits. 2 g. Be subject eligible to and comply with participate in 3 the student achievement and teacher quality program under 4 chapter 284 relating to the student achievement and teacher 5 quality program . A charter school or innovation zone school 6 that complies with chapter 284 shall receive state moneys or 7 be eligible to receive state moneys calculated as provided in 8 section 257.10, subsections 9 and 10 , and section 257.37A as if 9 it did not operate under a charter school or innovation zone 10 school contract . 11 h. Be subject to and comply with chapters chapter 20 and 12 279 relating to contracts with and discharge of teachers and 13 administrators. 14 i. Be subject to and comply with the provisions of chapter 15 285 relating to the transportation of students , except that the 16 provisions of section 285.1, subsections 14, 15, 16, and 17, 17 shall not apply . 18 j. Meetings and records of the advisory council are subject 19 to the provisions of chapters 21 and 22 . 20 j. Comply with sections 279.9, 280.17A, 280.17B, 280.21B, 21 280.24, and 280.28, and may suspend or expel a student only 22 as provided in section 282.4. A decision made as provided in 23 section 282.4 is subject to appeal under section 290.1. 24 k. Comply with all statutes and administrative rules 25 relating to student records, including but not limited to 26 section 22.7, subsection 1, and sections 256H.1, 280.19A, 27 280.25, and 280.29, and shall submit data to the department 28 for purposes of the department’s comprehensive management 29 information system. 30 l. Comply with the requirements of chapter 283A. 31 m. Comply with any statewide accountability requirements in 32 statute or administrative rule governing high school graduation 33 requirements, the core curriculum, core content standards, 34 and assessments. The charter school shall issue high school 35 -38- HF 2380 (7) 84 kh/rj 38/ 71
H.F. 2380 diplomas to students who successfully meet the graduation 1 requirements of the charter school. 2 6. Notwithstanding subsection 2 , a charter school or 3 innovation zone school shall meet the requirements of section 4 256.7, subsection 21 . 5 8. A charter school or innovation zone consortium may shall 6 enter into contracts in accordance with chapter 26 . 7 Sec. 63. Section 256F.4, subsections 3 and 4, Code 2011, 8 are amended by striking the subsections and inserting in lieu 9 thereof the following: 10 3. The primary focus of a charter school shall be to provide 11 a comprehensive program of instruction for at least one grade 12 or age group from five through twenty-one years of age. 13 4. A charter school is a municipality for the purposes of 14 tort liability under chapter 670. 15 Sec. 64. Section 256F.5, Code Supplement 2011, is amended 16 by striking the section and inserting in lieu thereof the 17 following: 18 256F.5 Application. 19 1. An application to operate a charter school pursuant to 20 this chapter shall include but not be limited to the following: 21 a. A business plan that documents the proposed charter 22 school’s mission statement; school purposes; program design; 23 description of a graduation plan, where applicable; financial 24 plan; governance and management structure; and background 25 and experience of the applicants and the initial board and 26 instructional staff, plus any other information the state board 27 requests. An applicant shall file a separate application for 28 each school the applicant intends to charter. 29 b. A statement of assurances of legal compliance prescribed 30 by the state board. 31 c. The applicant’s ability to implement the procedures 32 and satisfy the criteria for chartering a school under this 33 chapter. 34 d. The measures that will be implemented to provide for 35 -39- HF 2380 (7) 84 kh/rj 39/ 71
H.F. 2380 oversight of the charter school’s academic, financial, and 1 operational performance, and to ensure compliance with the 2 terms of any written contract entered into by the charter 3 school board of directors and the state board. 4 e. A statement of support or nonsupport from the board of 5 directors of the school district, in which the charter school 6 would be located. The statement shall be submitted to the 7 applicant in a timely manner by the school district board. 8 f. A statement demonstrating community support. 9 g. A statement of admission policies and procedures. 10 h. The types and amounts of insurance liability coverage to 11 be obtained by the charter school. 12 i. How special instruction, programs, and services for 13 children requiring special education and English language 14 learners under chapter 256B and section 280.4 will be made 15 available and a description of the financial parameters within 16 which the special instruction, programs, and services will be 17 made available. 18 2. If the applicant includes a school district pursuant 19 to section 256F.2, subsection 1, paragraph “a” , “b” , “d” , “f” , 20 “h” , “i” , or “j” , that will, under the plan submitted, convert 21 an existing attendance center operated by the school district 22 into a charter school in accordance with this chapter, the 23 application shall demonstrate the support of at least fifty 24 percent of the teachers employed at the school on the date 25 of the submission of the application and fifty percent of 26 the parents or guardians voting whose children are enrolled 27 at the school, provided that a majority of the parents or 28 guardians eligible to vote participate in the ballot process, 29 according to procedures established by rules of the state 30 board. Conversion of an existing school to a charter school if 31 approved pursuant to this chapter shall occur at the beginning 32 of an academic year. 33 3. a. The state board shall approve or disapprove an 34 application within ninety business days of receipt of the 35 -40- HF 2380 (7) 84 kh/rj 40/ 71
H.F. 2380 application. 1 b. If the state board disapproves the application, the state 2 board shall notify the applicant of the specific deficiencies 3 in writing and the applicant shall have twenty business days to 4 address the deficiencies to the state board’s satisfaction. 5 (1) If the applicant addresses the deficiencies within the 6 time specified, the state board shall at its next regularly 7 scheduled meeting make a final decision to approve or 8 disapprove the application. 9 (2) If the applicant fails to address the deficiencies in 10 the time specified, the state board shall notify the applicant 11 that the application is denied and the decision of the state 12 board is final agency action under chapter 17A. 13 c. An applicant whose application is denied pursuant to the 14 process specified in this subsection shall not submit another 15 application until the expiration of at least one calendar year 16 after notification of the denial of application. 17 4. The state board shall establish criteria for application 18 approval that at a minimum consider the following: 19 a. A comprehensive review of the application. 20 b. The available capacity and infrastructure identified in 21 the plan. 22 c. Contracting process specified in the plan. 23 d. Ongoing oversight and evaluation processes relating to 24 administration and staffing. 25 e. Charter school contract and contract renewal criteria and 26 processes. 27 5. Approval of an application and renewal of a charter by 28 the state board shall not be conditioned upon the bargaining 29 unit status of the employees of the school. 30 Sec. 65. Section 256F.6, Code 2011, is amended by striking 31 the section and inserting in lieu thereof the following: 32 256F.6 Formation of school —— board. 33 1. An operator who successfully completes the orientation 34 program required pursuant to section 256F.3, subsection 35 -41- HF 2380 (7) 84 kh/rj 41/ 71
H.F. 2380 1, before entering into a contract or other agreement for 1 professional or other services, goods, or facilities, shall 2 incorporate as a nonprofit corporation under chapter 504 and 3 shall establish an initial board of directors composed of at 4 least five voting members, who are not related parties, until a 5 timely election for members of the ongoing charter school board 6 of directors is held according to the school’s articles and 7 bylaws. 8 2. Members of the charter school board of directors 9 established under the school’s articles and bylaws shall 10 be elected before the school completes its third year of 11 operation. The articles and bylaws shall require that the 12 board be composed of not less than five voting members. The 13 articles and bylaws shall include clear policies regarding 14 conflicts of interest, standards of responsibility, and 15 obedience to law, fairness, and honesty. 16 3. Staff members employed at the school and all parents 17 or guardians of children enrolled in the school are the 18 voters eligible to elect the members of the school’s board of 19 directors. 20 4. A charter school shall notify eligible voters of the 21 school board election dates at least thirty days before the 22 election. Board elections shall be held during the school year 23 but may not be conducted on days when the school is closed for 24 holidays or vacations. 25 5. a. Any charter school board of directors shall be 26 composed of the following: 27 (1) Notwithstanding section 279.7A, at least one licensed 28 teacher employed at the school. 29 (2) At least one parent or legal guardian of a student 30 enrolled in the charter school who is not an employee of the 31 charter school. 32 (3) At least one interested community member who is not 33 employed by the charter school and does not have a child 34 enrolled in the school. 35 -42- HF 2380 (7) 84 kh/rj 42/ 71
H.F. 2380 b. The majority of members on the board may be teachers, 1 notwithstanding section 279.7A. 2 c. The chief financial officer and the chief administrator 3 of the charter school, if elected, shall only serve as ex 4 officio, nonvoting board members. 5 d. Charter school employees shall not serve on the board 6 except as provided in this subsection. 7 e. Except as provided in section 279.7A, contractors 8 providing facilities, goods, or services to a charter school 9 shall not serve on the board. 10 f. Board articles and bylaws shall outline the process 11 and procedures for changing the board’s governance model, 12 consistent with chapter 504. 13 6. A charter school board may change the governance model 14 set forth in the application or in the articles and bylaws 15 of the charter school only if the change conforms with this 16 section and a majority of the board approves the change; the 17 licensed teachers employed by the school approve the change; 18 and the state board approves the change. 19 7. a. The state board may permit a charter school board 20 to expand the operation of the charter school to additional 21 sites or to add grades at the school beyond those described 22 in the operator’s approved application only after submitting 23 a supplemental affidavit for approval to the state board 24 in a form and manner prescribed by the state board. The 25 supplemental affidavit shall include the following: 26 (1) A proposed expansion plan that demonstrates need and 27 projected enrollment. 28 (2) Documentation that the expansion is warranted, at a 29 minimum, by longitudinal data demonstrating students’ improved 30 academic performance and growth on student assessments. 31 (3) Documentation that the charter school is financially 32 sound and the financing the charter school needs to implement 33 the proposed expansion exists. 34 (4) Documentation that the charter school has the 35 -43- HF 2380 (7) 84 kh/rj 43/ 71
H.F. 2380 governance structure and management capacity to carry out the 1 expansion. 2 b. The state board shall have sixty business days to review 3 and comment on the supplemental affidavit. The state board 4 shall notify the charter school board of any deficiencies in 5 the supplemental affidavit and the charter school board shall 6 have twenty business days to address, to the state board’s 7 satisfaction, any deficiencies in the supplemental affidavit. 8 The school shall not expand to additional sites or add grades 9 until the state board approves the supplemental affidavit. 10 The state board’s approval or disapproval of a supplemental 11 affidavit is final agency action. 12 8. The charter school board of directors is a government or 13 governmental body for purposes of chapters 21 and 22. 14 9. Except as provided in subsection 5, members of the board 15 are subject to section 279.7A. 16 Sec. 66. Section 256F.8, Code 2011, is amended by striking 17 the section and inserting in lieu thereof the following: 18 256F.8 Audit report. 19 1. The charter school shall annually submit an audit report 20 to the state board by December 31. 21 2. The charter school, with the assistance of the auditor 22 conducting the audit, shall include with the report a copy 23 of all charter school agreements for corporate management 24 services. If the entity that provides the professional 25 services to the charter school is exempt from taxation under 26 section 501 of the Internal Revenue Code of 1986, that entity 27 must file with the state board by February 15 a copy of the 28 annual return required under section 6033 of the Internal 29 Revenue Code of 1986. 30 3. If the audit report finds that a material weakness 31 exists in the financial reporting systems of a charter school, 32 the charter school shall submit a written report to the state 33 board at its first annual meeting explaining how the material 34 weakness will be resolved. An auditor conducting the audit 35 -44- HF 2380 (7) 84 kh/rj 44/ 71
H.F. 2380 of the charter school, as a condition of providing financial 1 services to a charter school, shall agree to make available 2 information about a charter school’s financial audit to the 3 state board upon request. 4 Sec. 67. Section 256F.9, Code 2011, is amended by striking 5 the section and inserting in lieu thereof the following: 6 256F.9 Admission requirements. 7 1. A charter school may limit admission to the following: 8 a. Students within an age group or grade level. 9 b. Students who are either at risk of dropping out or have 10 dropped out of school. 11 c. Residents of a specific geographic area in which the 12 school is located when the majority of students served by the 13 school are eligible for free and reduced price meals under 14 the federal National School Lunch Act and the federal Child 15 Nutrition Act of 1966, 42 U.S.C. § 1751-1785. 16 2. A charter school shall enroll an eligible student who 17 submits a timely application, unless the number of applications 18 exceeds the capacity of a program, class, grade level, or 19 building. In such case, students shall be accepted by lot. 20 The charter school shall develop and publish a lottery policy 21 and process for use when accepting students by lot. 22 3. A charter school shall give enrollment preference to 23 a sibling of an enrolled student and to a foster child of 24 that student’s parents and may give preference for enrolling 25 children of the school’s staff before accepting other students 26 by lot. 27 4. A charter school shall not limit admission to students 28 on the basis of intellectual ability, measures of achievement 29 or aptitude, or athletic ability and shall not establish any 30 criteria or requirements for admission that are inconsistent 31 with this section. 32 5. The charter school shall not distribute any services 33 or goods of value to students, parents, or guardians as an 34 inducement, term, or condition of enrolling a student in a 35 -45- HF 2380 (7) 84 kh/rj 45/ 71
H.F. 2380 charter school. 1 Sec. 68. Section 256F.10, Code 2011, is amended by striking 2 the section and inserting in lieu thereof the following: 3 256F.10 Employment and other operating matters. 4 A charter school shall employ or contract with necessary 5 teachers and administrators, as defined by chapter 256, who 6 hold valid licenses and endorsements to perform the particular 7 service for which they are employed in the school. The school 8 may employ necessary employees who are not required to hold 9 teaching licenses to perform duties other than teaching and may 10 contract for other services. 11 Sec. 69. NEW SECTION . 256F.11 Leased space. 12 If space to be leased is constructed as a school facility, 13 a charter school may lease such space from a school district 14 or other public organization; private, nonprofit nonsectarian 15 organization; private property owner; or a sectarian 16 organization. 17 Sec. 70. NEW SECTION . 256F.12 Affiliated nonprofit building 18 corporation. 19 1. A charter school may organize an affiliated nonprofit 20 building corporation to renovate or purchase an existing 21 facility to serve as a school or to construct a new school 22 facility as provided in subsection 4 or 5. 23 2. An affiliated nonprofit building corporation shall meet 24 all of the following conditions: 25 a. Be incorporated under chapter 504 and comply with 26 applicable internal revenue service regulations. 27 b. Submit annually to the state board a list of current 28 board members and a copy of the corporation’s annual audit. 29 3. An affiliated nonprofit building corporation shall not 30 serve as the leasing agent for property or facilities it does 31 not own. The state is immune from liability resulting from a 32 contract between a charter school and an affiliated nonprofit 33 building corporation. 34 4. A charter school may organize an affiliated nonprofit 35 -46- HF 2380 (7) 84 kh/rj 46/ 71
H.F. 2380 building corporation to renovate or purchase an existing 1 facility to serve as a school if the charter school meets the 2 following criteria: 3 a. Has been operating for at least five consecutive school 4 years. 5 b. Has had a net positive unreserved general fund balance as 6 of June 30 in the preceding five fiscal years. 7 c. Has a long-range strategic and financial plan. 8 d. Completes a feasibility study of available buildings. 9 e. Documents enrollment projections and the need to use 10 an affiliated nonprofit building corporation to renovate or 11 purchase an existing facility to serve as a school. 12 5. A charter school may organize an affiliated nonprofit 13 building corporation to construct a new school facility if the 14 charter school meets the following conditions: 15 a. Lacks facilities available to serve as a school. 16 b. Has been operating for at least eight consecutive school 17 years. 18 c. Has had a net positive unreserved general fund balance as 19 of June 30 in the preceding eight fiscal years. 20 d. Completes a feasibility study of facility options. 21 e. Has a long-range strategic and financial plan that 22 includes enrollment projections and demonstrates the need for 23 constructing a new school facility. 24 Sec. 71. NEW SECTION . 256F.13 Collective bargaining. 25 Employees of the board of directors of a charter school may, 26 if otherwise eligible, organize under chapter 20 and comply 27 with its provisions. The board of directors of a charter 28 school is a public employer, for the purposes of chapter 20, 29 upon formation of one or more bargaining units at the school. 30 Bargaining units at the school shall be separate from any other 31 units within the school district in which the charter school 32 is located, except that bargaining units may remain part of 33 the appropriate bargaining unit of the school district within 34 which the charter school is located if the employees of the 35 -47- HF 2380 (7) 84 kh/rj 47/ 71
H.F. 2380 charter school, the board of directors of the charter school, 1 the exclusive representative of the appropriate bargaining unit 2 in the school district, and the board of the school district 3 agree to include the employees in the appropriate bargaining 4 unit of the school district. 5 Sec. 72. NEW SECTION . 256F.14 Teacher retirement. 6 Teachers in a charter school are public school teachers for 7 the purposes of chapter 97B. 8 Sec. 73. NEW SECTION . 256F.15 Causes for nonrenewal or 9 termination of charter school contract. 10 1. The state board may decline to renew a contract entered 11 into with the board of directors of a charter school at the end 12 of the contract term for any ground listed in subsection 3. 13 The state board may unilaterally terminate a contract during 14 the term of the contract for any ground listed in subsection 3. 15 2. At least sixty business days before not renewing or 16 terminating a contract, the state board shall notify the board 17 of directors of the charter school of the proposed action in 18 writing. The notice shall state the grounds for the proposed 19 action in reasonable detail and that the charter school’s 20 board of directors may request in writing a hearing before the 21 state board within fifteen business days of receiving notice 22 of nonrenewal or termination of the contract. Failure by the 23 board of directors to make a written request for a hearing 24 within the time specified shall be treated as acquiescence to 25 the proposed action. Upon receiving a timely written request 26 for a hearing, the state board shall give ten business days’ 27 notice to the charter school’s board of directors of the 28 hearing date. The state board shall conduct the hearing before 29 taking final action. The state board shall take final action 30 to renew or not renew a contract no later than twenty business 31 days before the proposed date for terminating the contract or 32 the end date of the contract. 33 3. A charter school contract entered into with the state 34 board may be terminated or not renewed by the state board upon 35 -48- HF 2380 (7) 84 kh/rj 48/ 71
H.F. 2380 any of the following grounds: 1 a. Failure to meet the requirements for student performance 2 contained in the contract. 3 b. Failure to meet generally accepted standards of fiscal 4 management. 5 c. Violations of law. 6 d. Other good cause shown, including but not limited to 7 the existence of one or more other grounds for revocation as 8 specified in the contract. 9 4. If a contract is terminated or not renewed on grounds 10 specified in subsection 3, the school shall be dissolved 11 according to rules adopted by the state board, and the assets 12 of the charter school shall be disposed of according to the 13 applicable provisions of chapter 504. 14 5. The state board, after providing reasonable notice to the 15 board of directors of a charter school, and after providing an 16 opportunity for a public hearing, may terminate the existing 17 contract with the charter school board if the charter school 18 has a history of the following: 19 a. Failure to meet student performance requirements 20 consistent with state law. 21 b. Financial mismanagement or gross failure to meet 22 generally accepted standards of fiscal management. 23 c. Violations of the law. 24 Sec. 74. NEW SECTION . 256F.16 Student enrollment upon 25 nonrenewal or termination of charter school contract. 26 If a contract is not renewed or is terminated according to 27 section 256F.15, a student who attended the charter school 28 may enroll in the district of residence or may submit an 29 application to a nonresident district according to section 30 282.18 at any time, and shall be determined to have shown “good 31 cause” for purposes of section 282.18. Applications and notices 32 required by section 282.18 shall be processed and provided 33 in a prompt manner. The application and notice deadlines in 34 section 282.18 do not apply under these circumstances. The 35 -49- HF 2380 (7) 84 kh/rj 49/ 71
H.F. 2380 charter school shall transfer the student’s educational records 1 within ten business days of the charter school’s closure to the 2 student’s school district of enrollment. 3 Sec. 75. NEW SECTION . 256F.17 Extent of specific legal 4 authority. 5 1. A charter school board may sue and be sued. 6 2. A charter school board shall not levy taxes or issue 7 bonds. 8 3. A charter school is a municipality for purposes of 9 chapter 670. 10 Sec. 76. NEW SECTION . 256F.18 Funding. 11 A student enrolled in a charter school shall be counted, 12 for state school foundation aid purposes, in the student’s 13 district of residence. A student’s residence, for purposes 14 of this section, means a residence under section 282.1. The 15 board of directors of the district of residence shall pay to 16 the charter school the district cost per pupil, the teacher 17 salary supplement district cost per pupil, the professional 18 development supplement district cost per pupil, and the early 19 intervention supplement district cost per pupil under section 20 257.10, plus any moneys received for the student as a result 21 of the non-English speaking weighting under section 280.4, 22 subsection 3, for the previous school year multiplied by the 23 district cost per pupil for the previous year. In addition, 24 the board of directors of the district of residence shall pay 25 to the charter school any other per pupil moneys requested 26 under the charter school application approved by the state 27 board. 28 Sec. 77. NEW SECTION . 256F.19 Prior charter schools and 29 innovation zones. 30 1. A charter school or innovation zone school established 31 prior to July 1, 2012, shall continue to be governed by chapter 32 256F, Code 2011 and Code Supplement 2011, until the term of the 33 contract entered into pursuant to section 256F.8, Code 2011, 34 ends. 35 -50- HF 2380 (7) 84 kh/rj 50/ 71
H.F. 2380 2. This section is repealed July 1, 2018. 1 Sec. 78. Section 282.18, subsection 4, paragraph b, Code 2 2011, is amended to read as follows: 3 b. For purposes of this section , “good cause” means a change 4 in a child’s residence due to a change in family residence, a 5 change in the state in which the family residence is located, 6 a change in a child’s parents’ marital status, a guardianship 7 or custody proceeding, placement in foster care, adoption, 8 participation in a foreign exchange program, or participation 9 in a substance abuse or mental health treatment program, a 10 change in the status of a child’s resident district such as 11 removal of accreditation by the state board, surrender of 12 accreditation, or permanent closure of a nonpublic school, 13 revocation nonrenewal or termination of a charter school 14 contract as provided in section 256F.8 256F.15 , the failure 15 of negotiations for a whole grade sharing, reorganization, 16 dissolution agreement or the rejection of a current whole grade 17 sharing agreement, or reorganization plan. If the good cause 18 relates to a change in status of a child’s school district of 19 residence, however, action by a parent or guardian must be 20 taken to file the notification within forty-five days of the 21 last board action or within thirty days of the certification of 22 the election, whichever is applicable to the circumstances. 23 Sec. 79. Section 670.1, subsection 2, Code 2011, is amended 24 to read as follows: 25 2. “Municipality” means city, county, township, school 26 district, charter school, and any other unit of local 27 government except soil and water conservation districts as 28 defined in section 161A.3, subsection 6 . 29 Sec. 80. REPEAL. Section 256F.7, Code 2011, is repealed. 30 DIVISION XIV 31 THIRD GRADE LITERACY 32 Sec. 81. Section 256.7, Code Supplement 2011, is amended by 33 adding the following new subsection: 34 NEW SUBSECTION . 31. By July 1, 2013, adopt by rule 35 -51- HF 2380 (7) 84 kh/rj 51/ 71
H.F. 2380 guidelines for school district implementation of section 1 279.68, including but not limited to basic levels of reading 2 proficiency on approved assessments and identification of tools 3 that school districts may use in evaluating and reevaluating 4 any student who may be or who is determined to be deficient in 5 reading, including but not limited to initial assessments and 6 subsequent assessments, alternative assessments, and portfolio 7 reviews. The state board shall adopt standards that provide 8 a reasonable expectation that a student’s progress toward 9 reading proficiency under section 279.68 is sufficient to 10 master appropriate grade four level reading skills prior to the 11 student’s promotion to grade four. 12 Sec. 82. Section 256.9, subsection 53, paragraph a, Code 13 Supplement 2011, is amended to read as follows: 14 a. Develop and distribute, or approve, in collaboration 15 with the area education agencies, core curriculum technical 16 assistance and implementation strategies that school districts 17 and accredited nonpublic schools shall utilize, including but 18 not limited to the development and delivery of formative and 19 end-of-course model assessments classroom teachers may use 20 to measure student progress on the core curriculum adopted 21 pursuant to section 256.7, subsection 26 . The department 22 shall, in collaboration with the advisory group convened in 23 accordance with paragraph “b” and educational assessment 24 providers, identify and make available to school districts 25 end-of-course and additional model end-of-course and additional 26 assessments to align with the expectations included in the Iowa 27 core curriculum. The model assessments shall be suitable to 28 meet the multiple assessment measures requirement specified in 29 section 256.7, subsection 21 , paragraph “c” . 30 Sec. 83. Section 256.9, subsection 53, Code Supplement 31 2011, is amended by adding the following new paragraphs: 32 NEW PARAGRAPH . c. Identify the scoring levels on approved 33 grade three reading assessments that require the retention of a 34 student pursuant to section 279.68, and develop or identify and 35 -52- HF 2380 (7) 84 kh/rj 52/ 71
H.F. 2380 approve alternative performance measures for students who are 1 not proficient in reading in accordance with section 279.68, 2 subsection 2. Alternative performance measures approved 3 pursuant to this paragraph shall include but not be limited to 4 a demonstration of reading mastery evidenced by portfolios of 5 student work. 6 NEW PARAGRAPH . d. Establish, subject to an appropriation 7 of sufficient funds by the general assembly, an Iowa reading 8 research center to apply current research on literacy to 9 provide for the development and dissemination of all of the 10 following: 11 (1) Promising instructional strategies in reading. 12 (2) Reading assessments. 13 (3) Professional development strategies and materials 14 aligned with current and emerging best practices for the 15 teaching of reading. 16 Sec. 84. Section 256D.2A, Code 2011, is amended to read as 17 follows: 18 256D.2A Program funding. 19 For the budget year beginning July 1, 2009, and each 20 succeeding budget year, a school district shall expend funds 21 received pursuant to section 257.10, subsection 11 , at the 22 kindergarten through grade three levels to reduce class sizes 23 to the state goal of seventeen students for every one teacher 24 and to achieve a higher level of student success in the 25 basic skills, especially reading ; and to establish a reading 26 enhancement and acceleration development initiative pursuant 27 to section 279.68, subsection 3, paragraph “f” . In order to 28 support these efforts, school districts shall expend funds 29 received pursuant to section 257.10, subsection 11, as provided 30 in section 279.68, subsection 3, paragraph “f” , and may expend 31 funds received pursuant to section 257.10, subsection 11 , 32 at the kindergarten through grade three level on programs, 33 instructional support, and materials that include but are not 34 limited to the following: additional licensed instructional 35 -53- HF 2380 (7) 84 kh/rj 53/ 71
H.F. 2380 staff; additional support for students, such as before and 1 after school programs, tutoring, and intensive summer programs; 2 the acquisition and administration of diagnostic reading 3 assessments; the implementation of research-based instructional 4 intervention programs for students needing additional support; 5 the implementation of all-day, everyday kindergarten programs; 6 and the provision of classroom teachers with intensive training 7 programs to improve reading instruction and professional 8 development in best practices including but not limited to 9 training programs related to instruction to increase students’ 10 phonemic awareness, reading abilities, and comprehension 11 skills. 12 Sec. 85. NEW SECTION . 279.68 Student progression and 13 retention —— remedial instruction —— reporting requirements. 14 1. Reading deficiency and parental notification. 15 a. A school district shall provide intensive reading 16 instruction to any student who exhibits a substantial 17 deficiency in reading, based upon locally determined or 18 statewide assessments conducted in kindergarten or grade one, 19 grade two, or grade three, or through teacher observations, 20 immediately following the identification of the reading 21 deficiency. The student’s reading proficiency shall be 22 reassessed by locally determined and statewide assessments. 23 The student shall continue to be provided with intensive 24 reading instruction until the reading deficiency is remedied. 25 b. The parent or guardian of any student in kindergarten 26 through grade three who exhibits a substantial deficiency in 27 reading, as described in paragraph “a” , shall be notified at 28 least annually in writing of the following: 29 (1) That the child has been identified as having a 30 substantial deficiency in reading. 31 (2) A description of the services currently provided to the 32 child. 33 (3) A description of the proposed supplemental 34 instructional services and supports that the school district 35 -54- HF 2380 (7) 84 kh/rj 54/ 71
H.F. 2380 will provide to the child that are designed to remediate the 1 identified area of reading deficiency. 2 (4) That if the child’s reading deficiency is not remediated 3 by the end of grade three, the child shall be retained unless 4 the child is exempt from mandatory retention for good cause 5 pursuant to subsection 2, paragraph “b” . If the child is 6 ineligible for a good cause exemption, the notification shall 7 state why the child is ineligible. 8 (5) Strategies for parents and guardians to use in helping 9 the child succeed in reading proficiency, including but not 10 limited to the promotion of parent-guided home reading. 11 (6) That the assessment used pursuant to section 256.9, 12 subsection 53, is not the sole determiner of promotion and 13 that additional evaluations, portfolio reviews, performance 14 measures, and assessments are available to the child to assist 15 parents and the school district in knowing when a child is 16 reading at or above grade level and ready for grade promotion. 17 (7) The district’s specific criteria and policies for 18 midyear promotion. For purposes of this section, “midyear 19 promotion” means promotion to the next grade level of a retained 20 student at any time during the year of retention once the 21 student has demonstrated the ability to read at grade level. 22 c. If the student’s reading deficiency, as identified in 23 paragraph “a” , is not remedied by the end of grade three, 24 as demonstrated by scoring on an assessment approved by the 25 department pursuant to section 256.9, subsection 53, the 26 student shall be retained in grade three. 27 2. Good cause exemption. 28 a. The school district shall only exempt students from 29 mandatory retention, as provided in subsection 1, paragraph 30 “c” , for good cause. Good cause exemptions shall be limited to 31 the following: 32 (1) Limited English proficient students who have had 33 less than two years of instruction in an English as a second 34 language program. 35 -55- HF 2380 (7) 84 kh/rj 55/ 71
H.F. 2380 (2) Students requiring special education whose 1 individualized education program indicates that participation 2 in the assessment approved pursuant to section 256.9, 3 subsection 53, is not appropriate, consistent with the 4 requirements of rules adopted by the state board of education 5 for the administration of chapter 256B. 6 (3) Students who demonstrate an acceptable level of 7 performance on an alternative performance measure approved by 8 the director of the department of education pursuant to section 9 256.9, subsection 53. 10 (4) Students who demonstrate mastery through a student 11 portfolio under alternative performance measures approved 12 pursuant to section 256.9, subsection 53. 13 (5) Students who have received intensive remediation 14 in reading for two or more years but still demonstrate a 15 deficiency in reading and who were previously retained in 16 kindergarten, grade one, grade two, or grade three. Intensive 17 reading instruction for students so promoted must include 18 an altered instructional day that includes specialized 19 diagnostic information and specific reading strategies for 20 each student. The school district shall assist attendance 21 centers and teachers to implement reading strategies that 22 research has shown to be successful in improving reading among 23 low-performing readers. 24 b. Requests for good cause exemptions from the mandatory 25 retention requirement for students as described in paragraph 26 “a” , subparagraphs (3) and (4), shall be made consistent with 27 the following: 28 (1) Documentation shall be submitted from the student’s 29 teacher to the school principal that indicates that the 30 promotion of the student is appropriate and is based upon the 31 student’s academic record. Such documentation shall include 32 but not be limited to the individualized education program, if 33 applicable, report card, or student portfolio. 34 (2) The school principal shall review and discuss the 35 -56- HF 2380 (7) 84 kh/rj 56/ 71
H.F. 2380 recommendation submitted pursuant to subparagraph (1) with 1 the teacher and the school principal shall determine whether 2 the student should be promoted or retained. If the principal 3 determines that the student should be retained, the principal 4 shall notify the student’s teacher and parent or guardian of 5 the decision in writing and the student shall be ineligible for 6 the good cause exemption from mandatory retention. 7 (3) If the school principal determines that the 8 student should be promoted, the school principal shall 9 make such recommendation in writing to the district school 10 superintendent. The district school superintendent shall 11 accept or reject the school principal’s recommendation and 12 shall notify the school principal and the student’s teacher 13 and parent or guardian of the school superintendent’s decision 14 in writing. If the school superintendent determines that the 15 student should be retained, the student shall be ineligible for 16 the good cause exemption from mandatory retention. The parent 17 or guardian of the student may appeal the superintendent’s 18 decision to the board of directors of the school district. 19 If the superintendent’s decision is affirmed by the school 20 board, the decision is final and is not subject to appeal under 21 section 290.1. 22 c. This section does not preclude the parent or guardian of 23 a student with a reading deficiency from requesting that the 24 student be retained at grade level. 25 3. Successful progression for retained readers. A school 26 district shall do all of the following: 27 a. Conduct a review, within one week following the last 28 instructional day of the school calendar, of student progress 29 for any student retained under subsection 1, paragraph “c” , who 30 did not meet the criteria for one of the good cause exemptions 31 in subsection 2, paragraph “a” . The review shall address 32 additional supports and services, as described in subparagraph 33 (2), needed to remediate the identified areas of reading 34 deficiency. The school district shall require a student 35 -57- HF 2380 (7) 84 kh/rj 57/ 71
H.F. 2380 portfolio to be completed for each such student. 1 b. Provide students who are retained under subsection 2 1, paragraph “c” , with intensive instructional services 3 and supports, free of charge, to remediate the identified 4 areas of reading deficiency, including a minimum of a daily 5 ninety-minute block of scientific-research-based reading 6 instruction and other strategies prescribed by the school 7 district which may include but are not limited to the 8 following: 9 (1) Small group instruction. 10 (2) Reduced teacher-student ratios. 11 (3) More frequent progress monitoring. 12 (4) Tutoring or mentoring. 13 (5) Transition classes containing students in grades three 14 and four. 15 (6) Extended school day, week, or year. 16 (7) Summer reading programs. 17 c. At regular intervals, apprise the parent or guardian of 18 academic and other progress being made by the student and give 19 the parent or guardian other useful information. 20 d. Implement a policy for the midyear promotion of any 21 student retained under subsection 1, paragraph “c” , who can 22 demonstrate that the student is a successful and independent 23 reader, reading at or above grade level, and ready to be 24 promoted to grade four. Tools that school districts may use 25 in reevaluating any student retained may include subsequent 26 assessments, alternative assessments, and portfolio reviews, 27 identified by rule pursuant to section 256.7, subsection 31. 28 Students promoted during the school year after November 1 shall 29 demonstrate proficiency pursuant to guidelines adopted by rule 30 pursuant to section 256.7, subsection 31. 31 e. In addition to required reading enhancement and 32 acceleration strategies, provide parents of students who are 33 retained under subsection 1, paragraph “c” , with a plan outlined 34 in a parental contract, including participation in regular 35 -58- HF 2380 (7) 84 kh/rj 58/ 71
H.F. 2380 parent-guided home reading. 1 f. Establish, using funds received pursuant to section 2 257.10, subsection 11, a reading enhancement and acceleration 3 development initiative designed to prevent the retention of 4 grade three students and to offer intensive accelerated reading 5 instruction to grade three students who fail to meet standards 6 for promotion to grade four and to each kindergarten through 7 grade three student who is assessed as exhibiting a reading 8 deficiency. The initiative shall comply with all of the 9 following criteria: 10 (1) Be provided to all kindergarten through grade three 11 students at risk of retention under this section. The 12 assessment initiative shall measure phonemic awareness, 13 phonics, fluency, vocabulary, and comprehension. 14 (2) Be provided during regular school hours in addition to 15 the regular reading instruction. 16 (3) Provide a reading curriculum that meets guidelines 17 adopted pursuant to section 256.7, subsection 31, and at a 18 minimum has the following specifications: 19 (a) Assists students assessed as exhibiting a reading 20 deficiency in developing the ability to read at grade level. 21 (b) Provides skill development in phonemic awareness, 22 phonics, fluency, vocabulary, and comprehension. 23 (c) Includes a scientifically based and reliable 24 assessment. 25 (d) Provides initial and ongoing analysis of each student’s 26 reading progress. 27 (e) Is implemented during regular school hours. 28 (f) Provides a curriculum in core academic subjects to 29 assist the student in maintaining or meeting proficiency levels 30 for the appropriate grade in all academic subjects. 31 g. Report to the department of education the specific 32 intensive reading interventions and supports implemented by the 33 school district pursuant to this section. The department shall 34 annually prescribe the components of required or requested 35 -59- HF 2380 (7) 84 kh/rj 59/ 71
H.F. 2380 reports, including but not limited to a report on the number of 1 students retained under this section. 2 h. Provide a student who has been retained in grade three 3 and who has received intensive instructional services but is 4 still not ready for grade promotion, as determined by the 5 school district, the option of being placed in a transitional 6 instructional setting. Such setting shall specifically be 7 designed to produce learning gains sufficient to meet grade 8 four performance standards while continuing to remediate the 9 areas of reading deficiency. 10 4. Notwithstanding subsection 1, paragraph “b” , subparagraph 11 (4), or any other provision of law to the contrary, a school 12 district shall not be required to retain a student in grade 13 three who exhibits a substantial deficiency in reading in 14 accordance with this section until the school year beginning 15 July 1, 2016. This subsection is repealed July 1, 2016. 16 DIVISION XV 17 HOME RULE AUTHORITY 18 Sec. 86. NEW SECTION . 274.3 Exercise of powers —— 19 construction. 20 1. The board of directors of a school district shall 21 operate, control, and supervise all public schools located 22 within its district boundaries and may exercise any broad 23 and implied power related to the operation, control, and 24 supervision of those public schools except as expressly 25 prohibited or prescribed by the Constitution of the State of 26 Iowa or by statute. 27 2. Notwithstanding subsection 1, the board of directors of 28 a school district shall not have power to levy any tax unless 29 expressly authorized by the general assembly. 30 3. This section shall not apply to a research and 31 development school as defined in section 256G.2 or to a 32 laboratory school as defined in section 265.1. The board of 33 directors of a school district in which such a research and 34 development school or laboratory school is located shall not 35 -60- HF 2380 (7) 84 kh/rj 60/ 71
H.F. 2380 exercise over such a school any powers granted to the board by 1 subsection 1. 2 4. This chapter, chapter 257 and chapters 275 through 301, 3 and other statutes relating to the boards of directors of 4 school districts and to school districts shall be liberally 5 construed to effectuate the purposes of subsection 1. 6 DIVISION XVI 7 ONLINE LEARNING INTERIM STUDY 8 Sec. 87. ONLINE LEARNING —— INTERIM STUDY. The legislative 9 council is requested to establish an interim study committee 10 relating to online learning and programming for school 11 districts and related educational issues. The objective of 12 the study shall be to review the appropriate use of online 13 learning by school districts, the appropriate levels and 14 sources of funding for online learning, partnerships between 15 school districts and private providers of online programs, and 16 the potential use of online learning as the exclusive means 17 to provide coursework required under the state’s educational 18 standards. The study shall identify opportunities between 19 interested agencies and entities involved in or potentially 20 involved in online learning activities, including but not 21 limited to K-12 schools, area education agencies, institutions 22 of higher learning, the public broadcasting division of the 23 department of education, the department of education, and the 24 Iowa communications network. The committee is directed to 25 submit its findings and recommendations in a report to the 26 general assembly by December 14, 2012. 27 DIVISION XVII 28 ADVANCED PLACEMENT PERFORMANCE FUNDING 29 Sec. 88. NEW SECTION . 257.16B Advanced placement 30 performance funding. 31 1. For budget years beginning on or after July 1, 2014, 32 the department of management shall allocate from amounts 33 appropriated by the general assembly to the department and 34 from other moneys available to and obtained or accepted by the 35 -61- HF 2380 (7) 84 kh/rj 61/ 71
H.F. 2380 department for providing advanced placement performance funding 1 for school districts as provided in this section. 2 2. a. Each school district shall receive an amount equal 3 to the school district’s total number of advanced placement 4 students divided by the total number of advanced placement 5 students in the state, and then multiplied by the amount of 6 moneys available to provide advanced placement performance 7 funding for the budget year under subsection 1. 8 b. The department of management shall on or before July 1 of 9 the budget year notify each school district of the amount of 10 advanced placement performance funding under this section. 11 c. Payments made to school districts under this section are 12 miscellaneous income and may be used for any school district 13 general fund purpose. 14 3. For purposes of this section, “advanced placement 15 student” means a student who was enrolled in the school 16 district during the school year preceding the base year, who 17 was enrolled in one or more advanced placement courses during 18 such school year as provided under section 261E.4, and who also 19 achieved a score on the advanced placement examination for 20 at least one such course of three or higher on the advanced 21 placement five-point scale. 22 4. The department of education shall adopt rules under 23 chapter 17A necessary to implement this section, including 24 rules that prescribe all necessary reporting requirements for 25 school districts. 26 DIVISION XVIII 27 PROFESSIONAL SERVICE AND GUIDANCE COUNSELORS 28 Sec. 89. Section 256.9, Code Supplement 2011, is amended by 29 adding the following new subsection: 30 NEW SUBSECTION . 65. a. Collaborate with, at a minimum, 31 the board of educational examiners; the Iowa association of 32 community college trustees; the association of Iowa area 33 education agencies; the Iowa school counselor association; the 34 economic development authority; the department of workforce 35 -62- HF 2380 (7) 84 kh/rj 62/ 71
H.F. 2380 development; the governor’s science, technology, engineering, 1 and mathematics advisory council; and students recommended by 2 the Iowa jobs for America’s graduates program; or successor 3 entities, to develop standards and procedures for the approval 4 of professional service and secondary guidance counselor 5 preparation and professional development programs that, 6 upon approval by the department, accredited postsecondary 7 institutions which grant postgraduate degrees may offer to 8 persons seeking authorization by the board of educational 9 examiners to serve as secondary school guidance counselors 10 or to provide professional services in Iowa schools. A 11 collaboration as specified in this subsection shall include 12 representation from any stakeholder organization willing to 13 assist the department in meeting the requirements of this 14 subsection. 15 b. Community colleges, the economic development authority, 16 and the department of workforce development shall consult 17 and coordinate with employment and workplace stakeholders in 18 assisting the director in developing standards and procedures 19 for the approval of programs pursuant to this subsection. 20 c. Accredited postsecondary institutions that offer programs 21 approved pursuant to this subsection shall coordinate with 22 community colleges to ensure that the professional development 23 programs approved under this subsection are offered throughout 24 the state at convenient times. 25 d. The requirements for coursework and programs approved 26 pursuant to this subsection shall include but not be limited 27 to the following: 28 (1) Provision of information regarding career exploration, 29 planning, and development assistance; and opportunities 30 available to Iowa’s students from targeted industries as 31 defined in section 15.411, subsection 1, as well as industries 32 requiring skilled workers with educational backgrounds in 33 science, technology, engineering, or mathematics. 34 (2) Elements to encourage the involvement of parents in 35 -63- HF 2380 (7) 84 kh/rj 63/ 71
H.F. 2380 career exploration and planning with their children. 1 (3) Elements to encourage the involvement of elementary 2 counselors in career exploration and planning with their 3 students. 4 (4) One semester credit or the equivalent issued by a 5 community college or other accredited postsecondary institution 6 in Iowa for coursework or professional development in career 7 exploration, career education, and career planning. If offered 8 by a community college, the coursework shall be offered at 9 the resident tuition rate set pursuant to section 260C.14, 10 subsection 2, to students enrolled in approved professional 11 service and guidance counselor preparation programs and to 12 persons renewing their professional service or secondary 13 guidance counselor licenses or endorsements pursuant to section 14 272.9B. If a community college fails to offer coursework 15 or professional development in career exploration, career 16 education, and career planning by July 1, 2013, the provisions 17 of section 272.9B shall not apply to an applicant described in 18 that section who resides within the boundaries of the community 19 college and who is employed by an Iowa school as a secondary 20 guidance counselor, until July 1, 2014, or until twelve months 21 following the date upon which the coursework is made available 22 by the community college, whichever is later. 23 e. The director shall establish an application and review 24 process for approval of programs developed and implemented 25 pursuant to this subsection. 26 f. For purposes of this subsection, “professional service” 27 refers to preparation and professional development programs 28 for, and licensure and endorsement of, persons who are 29 authorized under chapter 272 to provide services in Iowa 30 schools as a school counselor. 31 g. This subsection shall not be construed to require that an 32 accredited postsecondary institution offering a major course of 33 study related to the relevant coursework offered in programs 34 approved pursuant to this subsection establish additional 35 -64- HF 2380 (7) 84 kh/rj 64/ 71
H.F. 2380 credit requirements to graduate or achieve certification from 1 the institution in the related major course of study from the 2 institution. However, only coursework and programs that meet 3 the requirements established by the director in accordance with 4 this subsection shall be approved by the director. 5 Sec. 90. NEW SECTION . 272.9B Professional service and 6 guidance counselor licenses. 7 Beginning July 1, 2014, except as provided in section 8 256.9, subsection 65, paragraph “d” , the board shall require 9 applicants for professional service and secondary guidance 10 counselor licenses and endorsements, and for the renewal of 11 such licenses and endorsements, to have successfully completed 12 a professional service or secondary guidance counselor 13 preparation program or professional development program, 14 as appropriate, approved in accordance with section 256.9, 15 subsection 65. 16 Sec. 91. Section 279.61, Code 2011, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 3. Beginning July 1, 2015, except as 19 otherwise provided in section 256.9, subsection 65, paragraph 20 “d” , career and academic guidance counseling services shall 21 be provided by the board of directors of a school district 22 to students enrolled in grades nine through twelve only by 23 persons issued professional service or secondary guidance 24 counselor licenses or endorsements pursuant to section 272.9B, 25 or who hold a license issued by the board and meet the renewal 26 requirements for a license pursuant to section 272.9B. 27 DIVISION XIX 28 TRAINING, PREPARATION AND LICENSURE PROVISIONS 29 Sec. 92. Section 256.7, subsection 30, Code Supplement 30 2011, is amended to read as follows: 31 30. Set standards and procedures for the approval of 32 training programs for individuals who seek an authorization 33 issued by the board of educational examiners for employment the 34 following: 35 -65- HF 2380 (7) 84 kh/rj 65/ 71
H.F. 2380 a. Employment as a school business official responsible for 1 the financial operations of a school district. 2 b. Employment as a school administration manager responsible 3 for assisting a school principal in performing noninstructional 4 duties. 5 Sec. 93. Section 256.16, subsection 1, Code 2011, is amended 6 by striking the subsection and inserting in lieu thereof the 7 following: 8 1. Pursuant to section 256.7, subsection 5, the state board 9 shall adopt rules requiring all higher education institutions 10 providing approved practitioner preparation programs to do the 11 following: 12 a. (1) Administer a basic skills test, which has been 13 approved by the director, to practitioner preparation program 14 admission candidates. Candidates who do not successfully 15 pass the test with a score above the twenty-fifth percentile 16 nationally shall be denied admission to the program. 17 (2) A student shall not successfully complete the program 18 unless the student achieves scores above the twenty-fifth 19 percentile nationally on an assessment approved by the director 20 in pedagogy and at least one content area. 21 b. Include preparation in reading programs and integrate 22 reading strategies into content area methods coursework. 23 c. Include in the professional education program, 24 preparation that contributes to the education of students 25 with disabilities and students who are gifted and talented, 26 and preparation in classroom management addressing high-risk 27 behaviors including but not limited to behaviors related to 28 substance abuse. Preparation required under this paragraph 29 must be successfully completed before graduation from the 30 practitioner preparation program. 31 Sec. 94. Section 272.1, Code 2011, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 11A. “School administration manager” means 34 a person who is authorized to assist a school principal in 35 -66- HF 2380 (7) 84 kh/rj 66/ 71
H.F. 2380 performing noninstructional administrative duties. 1 Sec. 95. Section 272.2, subsection 13, Code Supplement 2 2011, is amended to read as follows: 3 13. Adopt rules to provide for nontraditional preparation 4 options for licensing persons who hold a bachelor’s degree from 5 an accredited college or university, who do not meet other 6 requirements for licensure establish alternative licensure 7 pathways for an initial teacher license and an initial 8 administrator license and endorsement pursuant to section 9 272.16 . The rules shall prescribe standards and procedures for 10 the approval of alternative principal licensing programs which 11 may be offered in this state by designated agencies located 12 within or outside this state. Procedures provided for approval 13 of alternative principal licensing programs shall include 14 procedures for enforcement of the prescribed standards. 15 Sec. 96. NEW SECTION . 272.16 Alternative licensure and 16 endorsement. 17 1. The board shall establish alternative licensure pathways 18 for an initial teacher license and an initial administrator 19 license and endorsement. 20 2. The alternative pathway for an initial teacher license 21 shall include all of the following components: 22 a. A requirement that the applicant for the alternative 23 pathway to an initial teacher license meet all of the following 24 criteria: 25 (1) Hold, at a minimum, a bachelor’s degree from a 26 regionally accredited postsecondary institution and twenty-four 27 postsecondary credit hours in the content area to be taught at 28 the licensure level sought by the applicant; or, in order to 29 teach a foreign language, the applicant shall hold at least a 30 bachelor’s degree and be a native speaker of the language to 31 be taught. 32 (2) Have successfully passed a background check conducted 33 in accordance with section 272.2, subsection 17. 34 (3) Have at least three recent consecutive years of 35 -67- HF 2380 (7) 84 kh/rj 67/ 71
H.F. 2380 successful, relevant work experience. 1 (4) Have successfully passed a basic skills test, approved 2 by the director, for acceptance. An applicant utilizing the 3 alternative pathway to an initial teacher license shall not 4 be issued such a license unless the student achieves scores 5 above the twenty-fifth percentile nationally on an examination 6 approved by the board for knowledge of pedagogies and in at 7 least one content area. 8 b. A requirement that the person issued an initial teacher 9 license pursuant to this subsection shall, during the person’s 10 first three years of teaching, successfully complete a 11 beginning teacher mentoring and induction program pursuant 12 to section 284.5, and shall successfully complete eighteen 13 postsecondary credit hours of pedagogy coursework before the 14 person may be issued a license beyond the initial license. 15 3. The alternative pathway for an initial administrator 16 license shall include all of the following components: 17 a. A requirement that the applicant for the alternative 18 pathway to an initial administrator license meet all of the 19 following criteria: 20 (1) Hold, at a minimum, a bachelor’s degree from a 21 regionally accredited postsecondary institution. 22 (2) Have successfully passed a background check conducted 23 in accordance with section 272.2, subsection 17. 24 b. A requirement that a person who is issued an initial 25 administrator license through the alternative pathway specified 26 by this subsection may be employed by a school district or 27 accredited nonpublic school and, for the first consecutive 28 three years of employment as a building principal, shall 29 be supervised and mentored by a person who holds a valid 30 professional administrator license. 31 4. A person with at least five recent years of successful 32 experience as a professional educator, and who is enrolled in 33 an alternative principal licensing program approved by the 34 board, may qualify for an initial administrator license. 35 -68- HF 2380 (7) 84 kh/rj 68/ 71
H.F. 2380 5. A person with at least five recent years of successful 1 management experience in business; industry; local, state, 2 or federal government; or the military service of the United 3 States, and who has successfully completed an alternative 4 principal licensing program approved by the board, may qualify 5 for an initial administrator license. 6 6. a. The alternative pathway for an initial administrator 7 endorsement for school superintendents and area education 8 agency administrators shall require an applicant to meet all of 9 the following criteria: 10 (1) Hold, at a minimum, a bachelor’s degree from a 11 regionally accredited postsecondary institution. 12 (2) Have successfully passed a background check conducted 13 in accordance with section 272.2, subsection 17. 14 (3) Have at least five recent years of successful, relevant 15 experience as a professional educator or management experience 16 in business; industry; local, state, or federal government; or 17 the military service of the United States. 18 b. A person issued an initial administrator endorsement 19 for superintendents or area education agency administrators 20 under this subsection shall successfully complete a beginning 21 mentoring and induction program with a mentor who is a 22 superintendent or area education agency administrator, as 23 appropriate. 24 c. A person issued an initial administrator endorsement 25 for superintendents or area education agency administrators 26 pursuant to this subsection, who successfully completes three 27 years of experience as a superintendent or area education 28 agency administrator, may be issued a license beyond the 29 initial administrator endorsement. 30 7. Upon application, a person who holds an initial 31 administrator license issued pursuant to subsection 3, and who 32 has three years of successful experience as a principal, shall 33 be issued a professional administrator license. 34 Sec. 97. Section 272.25, subsection 1, Code 2011, is amended 35 -69- HF 2380 (7) 84 kh/rj 69/ 71
H.F. 2380 to read as follows: 1 1. A requirement that each student admitted to an approved 2 practitioner preparation program must participate in field 3 experiences that include both observation and participation in 4 teaching activities in a variety of school settings. These 5 field experiences shall comprise a total of at least fifty 6 hours in duration, at least ten hours of which shall occur 7 prior to a student’s acceptance in an approved practitioner 8 preparation program. The student teaching experience shall 9 be a minimum of twelve fifteen weeks in duration during the 10 student’s final year of the practitioner preparation program. 11 Sec. 98. Section 272.31, Code 2011, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 2A. The board shall issue a school 14 administration manager authorization to an individual who 15 successfully completes a training program that meets the 16 standards set by the state board pursuant to section 256.7, 17 subsection 30, and who complies with rules adopted by the state 18 board pursuant to subsection 3. 19 DIVISION XX 20 KINDERGARTEN REQUIREMENT 21 Sec. 99. Section 299.1A, Code 2011, is amended to read as 22 follows: 23 299.1A Compulsory attendance age. 24 1. A Except as provided in subsection 2, a child who has 25 reached the age of six and is under sixteen years of age by 26 September 15 is of compulsory attendance age. However, if a 27 child enrolled in a school district or accredited nonpublic 28 school reaches the age of sixteen on or after September 15, the 29 child remains of compulsory age until the end of the regular 30 school calendar. 31 2. A child who has reached the age of five by September 15 32 and who is enrolled in a school district shall be considered 33 to be of compulsory attendance age unless the parent or 34 guardian of the child notifies the school district in writing 35 -70- HF 2380 (7) 84 kh/rj 70/ 71
H.F. 2380 of the parent’s or guardian’s intent to remove the child from 1 enrollment in the school district. 2 DIVISION XXI 3 STATE MANDATE 4 Sec. 100. STATE MANDATE FUNDING SPECIFIED. In accordance 5 with section 25B.2, subsection 3, the state cost of requiring 6 compliance with any state mandate included in this Act shall 7 be paid by a school district from state school foundation aid 8 received by the school district under section 257.16. This 9 specification of the payment of the state cost shall be deemed 10 to meet all of the state funding-related requirements of 11 section 25B.2, subsection 3, and no additional state funding 12 shall be necessary for the full implementation of this Act 13 by and enforcement of this Act against all affected school 14 districts. 15 -71- HF 2380 (7) 84 kh/rj 71/ 71