Senate File 475 - Reprinted SENATE FILE 475 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 1137) (As Amended and Passed by the Senate March 21, 2017 ) A BILL FOR An Act relating to educational programs developed or 1 administered by the department or state board of education, 2 school districts, or accredited nonpublic schools, and to 3 school-age children’s health screenings, providing for or 4 relating to fees, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 SF 475 (7) 87 kh/rj/jh

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

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

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

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

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

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

S.F. 475 CONCURRENT ENROLLMENT —— CAREER AND TECHNICAL EXCEPTION TO 1 LIMITATION 2 Sec. 11. Section 257.11, subsection 3, Code 2017, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . c. Notwithstanding paragraph “b” , 5 subparagraph (1), a school district that otherwise meets the 6 requirements of this subsection may enter into a sharing 7 agreement with a community college under which the community 8 college may offer, or provide a community college-employed 9 instructor to teach, one or more classes in only one of the 10 six career and technical education areas specified in section 11 256.11, subsection 5, paragraph “h” , and the pupils enrolled 12 in such a class shall be assigned additional weighting in 13 accordance with this subsection, if the number of pupils 14 enrolled in such a class exceeds five and the school district’s 15 total enrollment does not exceed six hundred pupils. 16 Sec. 12. Section 261E.3, subsection 3, paragraph g, Code 17 2017, is amended to read as follows: 18 g. The school district shall certify annually to the 19 department that the course provided to a high school student 20 for postsecondary credit in accordance with this chapter does 21 not supplant a course provided by the school district in which 22 the student is enrolled , except as provided under section 23 257.11, subsection 3, paragraph “c” . 24 DIVISION III 25 STUDENT HEALTH WORKING GROUP 26 Sec. 13. STUDENT HEALTH WORKING GROUP. 27 1. The department of public health and the department 28 of education shall convene a student health working group to 29 review state-initiated student health requirements, including 30 but not limited to requirements relating to dental and vision 31 health screenings under sections 135.17 and 135.39D, blood 32 lead testing under section 135.105D, and immunizations under 33 section 139A.8, and other related requirements imposed on 34 public schools. The working group shall study measures 35 -7- SF 475 (7) 87 kh/rj/jh 7/ 13

S.F. 475 for implementing such student health screening requirements 1 while reducing the administrative burden such requirements 2 impose on public schools. The working group shall develop a 3 uniform enforcement framework that includes a single method 4 for enforcement of the current student health requirements and 5 related data collection. 6 2. Members of the working group shall include two 7 representatives of each of the following, appointed by the 8 respective entity: 9 a. The department of education. 10 b. The department of public health. 11 c. The Iowa association of school boards. 12 d. The school administrators of Iowa. 13 e. The Iowa school nurse organization. 14 f. The Iowa dental association. 15 g. The Iowa optometric association. 16 h. The area education agencies. 17 i. The Iowa academy of family physicians. 18 3. a. The working group shall elect a chairperson and vice 19 chairperson from the voting members appointed. 20 b. A majority of the voting members of the working group 21 shall constitute a quorum. 22 4. The department of public health and the department of 23 education shall work cooperatively to provide staffing and 24 administrative support to the working group. 25 5. The working group shall submit its uniform enforcement 26 framework, findings, and recommendations to the general 27 assembly not later than December 31, 2017. 28 DIVISION IV 29 TASK FORCES ON AEA ESSENTIAL SERVICES 30 Sec. 14. TASK FORCE ON THE ESSENTIAL SERVICES OF THE AREA 31 EDUCATION AGENCIES. 32 1. The department of education shall convene a task force 33 to identify and review the essential functions and services 34 area education agencies are mandated or authorized to provide 35 -8- SF 475 (7) 87 kh/rj/jh 8/ 13

S.F. 475 to school districts, accredited nonpublic schools, and other 1 persons. The task force shall compile a comprehensive list of 2 functions and services, in order of priority ranking, offered 3 by the area education agencies. The list shall include a 4 brief description of the rationale for the ranking assigned 5 each function and service offered. The task force may offer 6 recommendations for continuing, modifying, or eliminating 7 functions or service areas currently offered. 8 2. The task force members shall be appointed as follows: 9 a. Four individuals representing the department of 10 education, including the director of the department of 11 education or the director’s designee and three individuals who 12 shall be appointed by the director. 13 b. Three individuals representing school administrators who 14 shall be appointed by the school administrators of Iowa. 15 c. Three individuals representing the area education 16 agencies who shall be appointed jointly by the area education 17 agencies. 18 d. Three individuals representing educators who shall be 19 appointed by the professional educators of Iowa. 20 e. Three individuals representing teachers who shall be 21 appointed by the Iowa state education association. 22 f. Three individuals representing school board members who 23 shall be appointed by the Iowa association of school boards. 24 g. Three individuals who shall be appointed by the Iowa 25 advocates for choice in education. 26 h. Four legislative members who shall be appointed as ex 27 officio, nonvoting members with one member to be appointed by 28 each of the following: the majority leader of the senate, 29 the minority leader of the senate, the speaker of the house 30 of representatives, and the minority leader of the house of 31 representatives. 32 3. To the extent practicable, the appointing authorities 33 specified in subsection 2, paragraphs “b” through “g”, shall 34 appoint individuals representing large, medium, and small 35 -9- SF 475 (7) 87 kh/rj/jh 9/ 13

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

S.F. 475 year. If the pupil participating in open enrollment is also 1 an eligible pupil under section 261E.6 , the receiving district 2 shall pay the tuition reimbursement amount to an eligible 3 postsecondary institution as provided in section 261E.7 . 4 (2) If a pupil participates in cocurricular or 5 extracurricular activities in accordance with subsection 11A, 6 the district of residence may deduct the prorated amount of 7 the cost of the cocurricular or extracurricular activities 8 paid from general fund revenue from the amount calculated in 9 subparagraph (1). The school district shall not deduct general 10 administrative, overhead, or other indirect costs. The total 11 amount of such costs deducted in a school year for the pupil 12 shall not exceed the lesser of the actual cost of providing 13 the cocurricular or extracurricular activities to the pupil or 14 fifteen percent of the state cost per pupil for the previous 15 school year. The school district of residence may charge 16 the pupil a fee for participation in such cocurricular or 17 extracurricular activities equivalent to the fee charged to and 18 paid in the same manner by other resident pupils. 19 Sec. 16. Section 282.18, Code 2017, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 11A. A pupil participating in open 22 enrollment for purposes of receiving educational instruction 23 and course content primarily over the internet in accordance 24 with section 256.7, subsection 32, may participate in any 25 cocurricular or extracurricular activities offered to children 26 in the pupil’s grade or group and sponsored by the district 27 of residence under the same conditions and requirements 28 as the pupils enrolled in the district of residence. The 29 student shall comply with the eligibility, conduct, and other 30 requirements relating to the activity that are established 31 by the district of residence for any student who applies to 32 participate or who is participating in the activity. 33 DIVISION VI 34 DEPARTMENT OF EDUCATION —— BILITERACY SEAL 35 -11- SF 475 (7) 87 kh/rj/jh 11/ 13

S.F. 475 Sec. 17. Section 256.9, Code 2017, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 61. Develop and administer a seal of 3 biliteracy program to recognize students graduating from high 4 school who have demonstrated proficiency in two or more world 5 languages, one of which must be English. Participation in the 6 program by a school district, attendance center, or accredited 7 nonpublic school shall be voluntary. The department shall work 8 with stakeholders to identify standardized tests that may be 9 utilized to demonstrate proficiency. The department shall 10 produce a seal of biliteracy, which may include but need not 11 be limited to a sticker that may be affixed to a student’s 12 high school transcript or a certificate that may be awarded to 13 the student. A participating school district or school shall 14 notify the department of the names of the students who have 15 qualified for the seal and the department shall provide the 16 school district or school with the appropriate number of seals 17 or other authorized endorsement. The department may charge a 18 nominal fee to cover printing and postage charges related to 19 issuance of the biliteracy seal under this subsection. 20 DIVISION VII 21 LIMITATION ON DEPARTMENT OF EDUCATION GUIDANCE 22 Sec. 18. NEW SECTION . 256.9A Limitation on guidance and 23 interpretations. 24 1. For the purposes of this section, “guidance” means a 25 document or statement issued by the department, the state 26 board, or the director that purports to interpret a law, a 27 rule, or other legal authority and is designed to provide 28 advice or direction to a person regarding the implementation 29 of or compliance with the law, the rule, or the other legal 30 authority being interpreted. 31 2. The department, the state board, or the director shall 32 not issue guidance inconsistent with any statute, rule, or 33 other legal authority and shall not issue guidance that imposes 34 any legally binding obligations or duties upon any person 35 -12- SF 475 (7) 87 kh/rj/jh 12/ 13

S.F. 475 unless such legally binding obligations or duties are required 1 or reasonably implied by any statute, rule, or other legal 2 authority. 3 3. This section shall not apply to a rule adopted pursuant 4 to chapter 17A, a declaratory order issued pursuant to section 5 17A.9, a document or statement required by federal law or a 6 court, or a document or statement issued in the course of a 7 contested case proceeding, an administrative proceeding, or a 8 judicial proceeding to which the department, the state board, 9 or the director is a party. 10 4. Guidance issued by the department, the state board, or 11 the director in violation of subsection 2 shall not be deemed 12 to be legally binding. 13 Sec. 19. EFFECTIVE UPON ENACTMENT. This division of this 14 Act, being deemed of immediate importance, takes effect upon 15 enactment. 16 -13- SF 475 (7) 87 kh/rj/jh 13/ 13