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Senate File 248 - IntroducedA Bill ForAn Act 1relating to educational instruction and course content
2primarily over the internet.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.7, subsection 32, paragraph a, Code
22017, is amended to read as follows:
3a. Adopt rules for online learning in accordance with
4sections 256.41, 256.42, and 256.43, and criteria for waivers
5granted pursuant to section 256.42.
6 Sec. 2. Section 256.7, subsection 32, paragraphs b and c,
7Code 2017, are amended by striking the paragraphs.
8 Sec. 3. Section 256.9, subsection 56, Code 2017, is amended
9to read as follows:
1056. Develop and establish an online learning program model
11in accordance with rules adopted pursuant to section 256.7,
12subsection 32, paragraph “a”, and in accordance with section
13256.43.
14 Sec. 4. Section 256.41, Code 2017, is amended to read as
15follows:
16256.41 Online learning requirements — legislative findings
17and declarations.
181. The general assembly finds and declares the following:
19a. That prior legislative enactments on the use of
20telecommunications in elementary and secondary school classes
21and courses did not contemplate and were not intended to
22authorize participation in open enrollment under section 282.18
23 for purposes of attending online schools, contracts to provide
24exclusively or predominantly online coursework to students, or
25online coursework that does not use teachers licensed under
26chapter 272 for instruction and supervision.
27b. That online learning technology has moved ahead of Iowa’s
28statutory framework and the current administrative rules of the
29state board, promulgated over twenty years ago, are inadequate
30to regulate today’s virtual opportunities.
31A school district providing educational instruction and
32course content delivered primarily over the internet shall
33do all of the following with regard to such instruction and
34content:
35a. Monitor and verify full-time student enrollment, timely
-1-1completion of graduation requirements, course credit accrual,
2and course completion.
3b. Monitor and verify student progress and performance
4in each course through a school-based assessment plan that
5includes submission of coursework and security and validity of
6testing.
7c. Conduct parent-teacher conferences.
8d. Administer assessments required by the state to all
9students in a proctored setting and pursuant to state law.
102. Online learning curricula shall be provided and
11supervised by a teacher licensed under chapter 272.
12 Sec. 5. Section 256.42, subsections 3 and 9, Code 2017, are
13amended by striking the subsections.
14 Sec. 6. Section 256.42, subsection 7, unnumbered paragraph
151, Code 2017, is amended to read as follows:
16The department may waive for one year at its discretion
17 the provisions of section 256.11, subsection 5, which require
18that specified subjects be offered and taught by professional
19staff of a school district or school, if the school district or
20school makes every reasonable and good-faith effort to employ
21a teacher licensed under chapter 272 for such a subject, and
22the school district or school proves to the satisfaction of
23the department that the school district or school is unable to
24employ such a teacher. The specified subject shall be provided
25by the initiative. The However, the specified subject may
26instead be provided by the school district or school if all of
27the following conditions are met:
28 Sec. 7. Section 256.42, subsection 8, Code 2017, is amended
29to read as follows:
308. The department shall establish fees payable by school
31districts and accredited nonpublic schools participating in
32the initiative. Fees collected pursuant to this subsection
33are appropriated to the department to be used only for the
34purpose of administering this section and shall be established
35so as not to exceed the budgeted cost of administering this
-2-1section to the extent not covered by the moneys appropriated
2in subsection 9. Providing professional development
3necessary to prepare teachers to participate in the initiative
4shall be considered a cost of administering this section.
5Notwithstanding section 8.33, fees collected by the department
6that remain unencumbered or unobligated at the close of the
7fiscal year shall not revert but shall remain available for
8expenditure for the purpose of expanding coursework offered
9under the initiative in subsequent fiscal years.
10 Sec. 8. Section 256.43, subsection 1, paragraph i, Code
112017, is amended to read as follows:
12i. Criteria for school districts or schools to use when
13choosing providers of online learning to meet the online
14learning program requirements specified in rules adopted
15pursuant to section 256.7, subsection 32, paragraph “a”.
16 Sec. 9. Section 256.43, subsection 2, Code 2017, is amended
17to read as follows:
182. Private providers. At the discretion of the school board
19or authorities in charge of an accredited nonpublic school,
20after consideration of circumstances created by necessity,
21convenience, and cost-effectiveness, courses developed by
22private providers may be utilized by the school district or
23school in implementing a high-quality online learning program.
24Courses obtained from private providers shall be taught by
25teachers licensed under chapter 272. A school district may
26provide courses developed by private providers and delivered
27primarily over the internet to pupils who are participating in
28open enrollment under section 282.18.
29 Sec. 10. Section 282.18, subsection 7, Code 2017, is amended
30to read as follows:
317. a. A pupil participating in open enrollment shall be
32counted, for state school foundation aid purposes, in the
33pupil’s district of residence. A pupil’s residence, for
34purposes of this section, means a residence under section
35282.1.
-3- 1b. (1) The board of directors of the district of residence
2shall pay to the receiving district the sum of the state cost
3per pupil for the previous school year plus either the teacher
4leadership supplement state cost per pupil for the previous
5fiscal year as provided in section 257.9 or the teacher
6leadership supplement foundation aid for the previous fiscal
7year as provided in section 284.13, subsection 1, paragraph “e”,
8if both the district of residence and the receiving district
9are receiving such supplements, plus any moneys received for
10the pupil as a result of the non-English speaking weighting
11under section 280.4, subsection 3, for the previous school
12year multiplied by the state cost per pupil for the previous
13year. If the pupil participating in open enrollment is also
14an eligible pupil under section 261E.6, the receiving district
15shall pay the tuition reimbursement amount to an eligible
16postsecondary institution as provided in section 261E.7.
17(2) If a pupil participates in an extracurricular activity
18in accordance with subsection 11A, the district of residence
19may deduct an activity fee from the amount calculated in
20subparagraph (1). The amount of an activity fee shall not
21exceed the lesser of the actual cost of providing the activity
22to the pupil or fifteen percent of the state cost per pupil for
23the previous school year.
24 Sec. 11. Section 282.18, Code 2017, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 11A. A pupil participating in open
27enrollment for purposes of receiving educational instruction
28and course content primarily over the internet in accordance
29with section 256.7, subsection 32, may participate in any
30extracurricular activities offered to children in the pupil’s
31grade or group and sponsored by the district of residence under
32the same conditions and requirements as the pupils enrolled in
33the district of residence.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-4-1the explanation’s substance by the members of the general assembly.
2This bill eliminates provisions requiring that the state
3board adopt rules prohibiting or limiting the open enrollment
4of students whose educational instruction and course content
5are delivered primarily over the internet. The bill authorizes
6school districts to provide courses developed by private
7providers and delivered primarily over the internet to pupils
8who are participating in open enrollment.
9Current law limits to one year the waiver that the department
10may issue to school districts and accredited nonpublic schools
11relating to the educational program that online schools must
12offer and teach. The bill strikes the one-year limitation on
13the waiver and provides for departmental discretion in issuing
14such a waiver.
15The bill allows a pupil who is participating in open
16enrollment for purposes of online instruction to participate in
17extracurricular activities in the district of residence under
18the same conditions and requirements as pupils enrolled in the
19district of residence.
20The bill permits the school district of residence to deduct
21an activity fee in an amount not to exceed the actual cost
22of providing the activity or 15 percent of the state cost
23per pupil for the previous year from the total amount the
24school district is required to pay to the receiving school
25district when such a pupil participates in any extracurricular
26activities in the pupil’s grade or group that is sponsored by
27the district of residence.
-5-je/rj
2primarily over the internet.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.7, subsection 32, paragraph a, Code
22017, is amended to read as follows:
3a. Adopt rules for online learning in accordance with
4sections 256.41, 256.42, and 256.43, and criteria for waivers
5granted pursuant to section 256.42.
6 Sec. 2. Section 256.7, subsection 32, paragraphs b and c,
7Code 2017, are amended by striking the paragraphs.
8 Sec. 3. Section 256.9, subsection 56, Code 2017, is amended
9to read as follows:
1056. Develop and establish an online learning program model
11in accordance with rules adopted pursuant to section 256.7,
12subsection 32, paragraph “a”, and in accordance with section
13256.43.
14 Sec. 4. Section 256.41, Code 2017, is amended to read as
15follows:
16256.41 Online learning requirements — legislative findings
17and declarations.
181. The general assembly finds and declares the following:
19a. That prior legislative enactments on the use of
20telecommunications in elementary and secondary school classes
21and courses did not contemplate and were not intended to
22authorize participation in open enrollment under section 282.18
23 for purposes of attending online schools, contracts to provide
24exclusively or predominantly online coursework to students, or
25online coursework that does not use teachers licensed under
26chapter 272 for instruction and supervision.
27b. That online learning technology has moved ahead of Iowa’s
28statutory framework and the current administrative rules of the
29state board, promulgated over twenty years ago, are inadequate
30to regulate today’s virtual opportunities.
31A school district providing educational instruction and
32course content delivered primarily over the internet shall
33do all of the following with regard to such instruction and
34content:
35a. Monitor and verify full-time student enrollment, timely
-1-1completion of graduation requirements, course credit accrual,
2and course completion.
3b. Monitor and verify student progress and performance
4in each course through a school-based assessment plan that
5includes submission of coursework and security and validity of
6testing.
7c. Conduct parent-teacher conferences.
8d. Administer assessments required by the state to all
9students in a proctored setting and pursuant to state law.
102. Online learning curricula shall be provided and
11supervised by a teacher licensed under chapter 272.
12 Sec. 5. Section 256.42, subsections 3 and 9, Code 2017, are
13amended by striking the subsections.
14 Sec. 6. Section 256.42, subsection 7, unnumbered paragraph
151, Code 2017, is amended to read as follows:
16The department may waive for one year at its discretion
17 the provisions of section 256.11, subsection 5, which require
18that specified subjects be offered and taught by professional
19staff of a school district or school, if the school district or
20school makes every reasonable and good-faith effort to employ
21a teacher licensed under chapter 272 for such a subject, and
22the school district or school proves to the satisfaction of
23the department that the school district or school is unable to
24employ such a teacher. The specified subject shall be provided
25by the initiative. The However, the specified subject may
26instead be provided by the school district or school if all of
27the following conditions are met:
28 Sec. 7. Section 256.42, subsection 8, Code 2017, is amended
29to read as follows:
308. The department shall establish fees payable by school
31districts and accredited nonpublic schools participating in
32the initiative. Fees collected pursuant to this subsection
33are appropriated to the department to be used only for the
34purpose of administering this section and shall be established
35so as not to exceed the budgeted cost of administering this
-2-1section to the extent not covered by the moneys appropriated
2in subsection 9. Providing professional development
3necessary to prepare teachers to participate in the initiative
4shall be considered a cost of administering this section.
5Notwithstanding section 8.33, fees collected by the department
6that remain unencumbered or unobligated at the close of the
7fiscal year shall not revert but shall remain available for
8expenditure for the purpose of expanding coursework offered
9under the initiative in subsequent fiscal years.
10 Sec. 8. Section 256.43, subsection 1, paragraph i, Code
112017, is amended to read as follows:
12i. Criteria for school districts or schools to use when
13choosing providers of online learning to meet the online
14learning program requirements specified in rules adopted
15pursuant to section 256.7, subsection 32, paragraph “a”.
16 Sec. 9. Section 256.43, subsection 2, Code 2017, is amended
17to read as follows:
182. Private providers. At the discretion of the school board
19or authorities in charge of an accredited nonpublic school,
20after consideration of circumstances created by necessity,
21convenience, and cost-effectiveness, courses developed by
22private providers may be utilized by the school district or
23school in implementing a high-quality online learning program.
24Courses obtained from private providers shall be taught by
25teachers licensed under chapter 272. A school district may
26provide courses developed by private providers and delivered
27primarily over the internet to pupils who are participating in
28open enrollment under section 282.18.
29 Sec. 10. Section 282.18, subsection 7, Code 2017, is amended
30to read as follows:
317. a. A pupil participating in open enrollment shall be
32counted, for state school foundation aid purposes, in the
33pupil’s district of residence. A pupil’s residence, for
34purposes of this section, means a residence under section
35282.1.
-3- 1b. (1) The board of directors of the district of residence
2shall pay to the receiving district the sum of the state cost
3per pupil for the previous school year plus either the teacher
4leadership supplement state cost per pupil for the previous
5fiscal year as provided in section 257.9 or the teacher
6leadership supplement foundation aid for the previous fiscal
7year as provided in section 284.13, subsection 1, paragraph “e”,
8if both the district of residence and the receiving district
9are receiving such supplements, plus any moneys received for
10the pupil as a result of the non-English speaking weighting
11under section 280.4, subsection 3, for the previous school
12year multiplied by the state cost per pupil for the previous
13year. If the pupil participating in open enrollment is also
14an eligible pupil under section 261E.6, the receiving district
15shall pay the tuition reimbursement amount to an eligible
16postsecondary institution as provided in section 261E.7.
17(2) If a pupil participates in an extracurricular activity
18in accordance with subsection 11A, the district of residence
19may deduct an activity fee from the amount calculated in
20subparagraph (1). The amount of an activity fee shall not
21exceed the lesser of the actual cost of providing the activity
22to the pupil or fifteen percent of the state cost per pupil for
23the previous school year.
24 Sec. 11. Section 282.18, Code 2017, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 11A. A pupil participating in open
27enrollment for purposes of receiving educational instruction
28and course content primarily over the internet in accordance
29with section 256.7, subsection 32, may participate in any
30extracurricular activities offered to children in the pupil’s
31grade or group and sponsored by the district of residence under
32the same conditions and requirements as the pupils enrolled in
33the district of residence.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-4-1the explanation’s substance by the members of the general assembly.
2This bill eliminates provisions requiring that the state
3board adopt rules prohibiting or limiting the open enrollment
4of students whose educational instruction and course content
5are delivered primarily over the internet. The bill authorizes
6school districts to provide courses developed by private
7providers and delivered primarily over the internet to pupils
8who are participating in open enrollment.
9Current law limits to one year the waiver that the department
10may issue to school districts and accredited nonpublic schools
11relating to the educational program that online schools must
12offer and teach. The bill strikes the one-year limitation on
13the waiver and provides for departmental discretion in issuing
14such a waiver.
15The bill allows a pupil who is participating in open
16enrollment for purposes of online instruction to participate in
17extracurricular activities in the district of residence under
18the same conditions and requirements as pupils enrolled in the
19district of residence.
20The bill permits the school district of residence to deduct
21an activity fee in an amount not to exceed the actual cost
22of providing the activity or 15 percent of the state cost
23per pupil for the previous year from the total amount the
24school district is required to pay to the receiving school
25district when such a pupil participates in any extracurricular
26activities in the pupil’s grade or group that is sponsored by
27the district of residence.
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