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Senate Study Bill 1137 - IntroducedA Bill ForAn Act 1relating to educational programs developed or
2administered by the department or state board of education,
3school districts, or accredited nonpublic schools, and to
4school-age children’s health screenings, providing for or
5relating to fees, and including effective date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ONLINE EDUCATION
3 Section 1. Section 256.7, subsection 32, paragraph a, Code
42017, is amended to read as follows:
5a. Adopt rules for online learning in accordance with
6sections 256.41, 256.42, and 256.43, and criteria for waivers
7granted pursuant to section 256.42.
8 Sec. 2. Section 256.7, subsection 32, paragraph b, Code
92017, is amended by striking the paragraph.
10 Sec. 3. Section 256.7, subsection 32, paragraph c, Code
112017, is amended to read as follows:
12c. Adopt rules that limit the statewide enrollment of
13pupils in educational instruction and course content that are
14delivered primarily over the internet to not more than eighteen
15one-hundredths of one percent of the statewide enrollment of
16all pupils, and that limit the number of pupils participating
17in open enrollment for purposes of receiving educational
18instruction and course content that are delivered primarily
19over the internet to no more than one percent of a sending
20district’s enrollment. Such limitations shall not apply if
21the limitations would prevent siblings from enrolling in the
22same school district or if a sending district determines that
23the educational needs of a physically or emotionally fragile
24student would be best served by educational instruction and
25course content that are delivered primarily over the internet.
26Students who meet the requirements of section 282.18 may
27participate in open enrollment under this paragraph “c” for
28purposes of enrolling only in the CAM community school district
29or the Clayton Ridge community school district.
30(1) The department, in collaboration with the international
31association for K-12 online learning, shall annually collect
32data on student performance in educational instruction and
33course content that are delivered primarily over the internet
34pursuant to this paragraph “c”. The department shall include
35such data in its annual report to the general assembly pursuant
-1-1to subparagraph (4) and shall post the data on the department’s
2internet site.
3(2) School districts providing educational instruction and
4course content that are delivered primarily over the internet
5pursuant to this paragraph “c” shall annually submit to the
6department, in the manner prescribed by the department, data
7that includes but is not limited to the following:
8(a) Student achievement and demographic characteristics.
9(b) Retention rates.
10(c) The percentage of enrolled students’ active
11participation in extracurricular activities.
12(d) Academic proficiency levels, consistent with
13requirements applicable to all school districts and accredited
14nonpublic schools in this state.
15(e) Academic growth measures, which shall include either of
16the following:
17(i) Entry and exit assessments in, at a minimum, math
18and English for elementary and middle school students, and
19additional subjects, including science, for high school
20students.
21(ii) State-required assessments that track year-over-year
22improvements in academic proficiency.
23(f) Academic mobility. To facilitate the tracking
24of academic mobility, school districts shall request the
25following information from the parent or guardian of a student
26enrolled in educational instruction and course content that
27are delivered primarily over the internet pursuant to this
28paragraph “c”:
29(i) For a student newly enrolling, the reasons for choosing
30such enrollment.
31(ii) For a student terminating enrollment, the reasons for
32terminating such enrollment.
33(g) Student progress toward graduation. Measurement of
34such progress shall account for specific characteristics of
35each enrolled student, including but not limited to age and
-2-1course credit accrued prior to enrollment in educational
2instruction and course content that are delivered primarily
3over the internet pursuant to this paragraph “c”, and shall be
4consistent with evidence-based best practices.
5(3) The department shall conduct annually a survey of not
6less than ten percent of the total number of students enrolled
7as authorized under this paragraph “c” and section 282.18, to
8determine whether students are enrolled under this paragraph
9“c” and section 282.18 to receive educational instruction and
10course content primarily over the internet or are students who
11are receiving competent private instruction from a licensed
12practitioner provided through a school district pursuant to
13chapter 299A.
14(4) (2) The department shall compile and review the data
15collected pursuant to this paragraph “c” and shall submit its
16findings and recommendations for the continued delivery of
17instruction and course content by school districts pursuant to
18this paragraph “c” over the internet, in a report to the general
19assembly by January 15 annually.
20(5) School districts providing educational instruction and
21course content that are delivered primarily over the internet
22pursuant to this paragraph “c” shall comply with the following
23requirements relating to such instruction and content:
24(a) Monitoring and verifying full-time student enrollment,
25timely completion of graduation requirements, course credit
26accrual, and course completion.
27(b) Monitoring and verifying student progress and
28performance in each course through a school-based assessment
29plan that includes submission of coursework and security and
30validity of testing.
31(c) Conducting parent-teacher conferences.
32(d) Administering assessments required by the state to all
33students in a proctored setting and pursuant to state law.
34 Sec. 4. Section 256.9, subsection 56, Code 2017, is amended
35to read as follows:
-3- 156. Develop and establish an online learning program model
2in accordance with rules adopted pursuant to section 256.7,
3subsection 32, paragraph “a”, and in accordance with section
4256.43.
5 Sec. 5. Section 256.41, Code 2017, is amended to read as
6follows:
7256.41 Online learning requirements — legislative findings
8and declarations.
91. The general assembly finds and declares the following:
10a. That prior legislative enactments on the use of
11telecommunications in elementary and secondary school classes
12and courses did not contemplate and were not intended to
13authorize participation in open enrollment under section 282.18
14 for purposes of attending online schools, contracts to provide
15exclusively or predominantly online coursework to students, or
16online coursework that does not use teachers licensed under
17chapter 272 for instruction and supervision.
18b. That online learning technology has moved ahead of Iowa’s
19statutory framework and the current administrative rules of the
20state board, promulgated over twenty years ago, are inadequate
21to regulate today’s virtual opportunities.
22A school district providing educational instruction and
23course content delivered primarily over the internet shall
24do all of the following with regard to such instruction and
25content:
26a. Monitor and verify full-time student enrollment, timely
27completion of graduation requirements, course credit accrual,
28and course completion.
29b. Monitor and verify student progress and performance
30in each course through a school-based assessment plan that
31includes submission of coursework and security and validity of
32testing.
33c. Conduct parent-teacher conferences.
34d. Administer assessments required by the state to all
35students in a proctored setting and pursuant to state law.
-4- 12. Online learning curricula shall be provided and
2supervised by a teacher licensed under chapter 272.
3 Sec. 6. Section 256.42, subsections 3 and 9, Code 2017, are
4amended by striking the subsections.
5 Sec. 7. Section 256.42, subsection 7, unnumbered paragraph
61, Code 2017, is amended to read as follows:
7The department may waive for one year at its discretion
8 the provisions of section 256.11, subsection 5, which require
9that specified subjects be offered and taught by professional
10staff of a school district or school, if the school district or
11school makes every reasonable and good-faith effort to employ
12a teacher licensed under chapter 272 for such a subject, and
13the school district or school proves to the satisfaction of
14the department that the school district or school is unable to
15employ such a teacher or if fewer than ten students typically
16register for instruction in a specified subject at the school
17district or school. The specified subject shall be provided by
18the initiative. The However, the specified subject may instead
19be provided by the school district or school if all of the
20following conditions are met:
21 Sec. 8. Section 256.42, subsection 8, Code 2017, is amended
22to read as follows:
238. The department shall establish fees payable by school
24districts and accredited nonpublic schools participating in
25the initiative. Fees collected pursuant to this subsection
26are appropriated to the department to be used only for the
27purpose of administering this section and shall be established
28so as not to exceed the budgeted cost of administering this
29section to the extent not covered by the moneys appropriated
30in subsection 9. Providing professional development
31necessary to prepare teachers to participate in the initiative
32shall be considered a cost of administering this section.
33Notwithstanding section 8.33, fees collected by the department
34that remain unencumbered or unobligated at the close of the
35fiscal year shall not revert but shall remain available for
-5-1expenditure for the purpose of expanding coursework offered
2under the initiative in subsequent fiscal years.
3 Sec. 9. Section 256.43, subsection 1, paragraph i, Code
42017, is amended to read as follows:
5i. Criteria for school districts or schools to use when
6choosing providers of online learning to meet the online
7learning program requirements specified in rules adopted
8pursuant to section 256.7, subsection 32, paragraph “a”.
9 Sec. 10. Section 256.43, subsection 2, Code 2017, is amended
10to read as follows:
112. Private providers. At the discretion of the school board
12or authorities in charge of an accredited nonpublic school,
13after consideration of circumstances created by necessity,
14convenience, and cost-effectiveness, courses developed by
15private providers may be utilized by the school district or
16school in implementing a high-quality online learning program.
17Courses obtained from private providers shall be taught by
18teachers licensed under chapter 272. A school district may
19provide courses developed by private providers and delivered
20primarily over the internet to pupils who are participating in
21open enrollment under section 282.18.
22DIVISION II
23CONCURRENT ENROLLMENT — CAREER AND TECHNICAL EXCEPTION TO
24LIMITATION
25 Sec. 11. Section 257.11, subsection 3, paragraph b,
26subparagraph (1), Code 2017, is amended to read as follows:
27(1) Supplementing, not supplanting, high school courses
28required to be offered pursuant to section 256.11, subsection
295, except that up to two courses required under section
30256.11, subsection 5, paragraph “h”, may supplant rather than
31supplement courses required to be offered pursuant to section
32256.11, subsection 5.
33 Sec. 12. Section 261E.3, subsection 3, paragraph g, Code
342017, is amended to read as follows:
35g. The school district shall certify annually to the
-6-1department that the course provided to a high school student
2for postsecondary credit in accordance with this chapter either
3 does not supplant a course provided by the school district
4in which the student is enrolled or does supplant a course
5but meets the requirements of section 257.11, subsection 3,
6paragraph “b”, subparagraph (1).
7DIVISION III
8DENTAL AND VISION AUTHORIZATIONS AND REQUIREMENTS — REPEALS
9 Sec. 13. REPEAL. Sections 135.17, 135.39D, 280.7, and
10280.7A, Code 2017, are repealed.
11DIVISION IV
12TASK FORCES ON AEA ESSENTIAL SERVICES
13 Sec. 14. TASK FORCE ON THE ESSENTIAL SERVICES OF THE AREA
14EDUCATION AGENCIES.
151. The department of education shall convene a task force
16to identify and review the essential functions and services
17area education agencies are mandated or authorized to provide
18to school districts, accredited nonpublic schools, and other
19persons. The task force shall compile a comprehensive list of
20functions and services, in order of priority ranking, offered
21by the area education agencies. The list shall include a
22brief description of the rationale for the ranking assigned
23each function and service offered. The task force may offer
24recommendations for continuing, modifying, or eliminating
25functions or service areas currently offered.
262. The task force members shall be appointed as follows:
27a. Four individuals representing the department of
28education, including the director of the department of
29education or the director’s designee and three individuals who
30shall be appointed by the director.
31b. Three individuals representing school administrators who
32shall be appointed by the school administrators of Iowa.
33c. Three individuals representing the area education
34agencies who shall be appointed jointly by the area education
35agencies.
-7- 1d. Three individuals representing educators who shall be
2appointed by the professional educators of Iowa.
3e. Three individuals representing school board members who
4shall be appointed by the Iowa association of school boards.
53. To the extent practicable, the appointing authorities
6specified in subsection 2, paragraphs “b” through “e”, shall
7appoint individuals representing large, medium, and small
8school districts and ensure representation for rural and urban
9areas.
104. The director of the department of education shall convene
11the initial meeting. The task force shall elect one of its
12members as chairperson. After the initial meeting, the task
13force shall meet at the time and place specified by call of
14the chairperson. The department of education shall provide
15staffing services for the task force.
165. The task force shall submit its findings and
17recommendations, including the comprehensive list of functions
18and services offered and the rationale for each ranking
19assigned to a function or service, in a report to the state
20board of education, the governor, and the general assembly by
21November 17, 2017.
22DIVISION V
23OPEN ENROLLMENT — EXTRACURRICULAR ACTIVITY FEE
24 Sec. 15. Section 282.18, subsection 7, Code 2017, is amended
25to read as follows:
267. a. A pupil participating in open enrollment shall be
27counted, for state school foundation aid purposes, in the
28pupil’s district of residence. A pupil’s residence, for
29purposes of this section, means a residence under section
30282.1.
31b. (1) The board of directors of the district of residence
32shall pay to the receiving district the sum of the state cost
33per pupil for the previous school year plus either the teacher
34leadership supplement state cost per pupil for the previous
35fiscal year as provided in section 257.9 or the teacher
-8-1leadership supplement foundation aid for the previous fiscal
2year as provided in section 284.13, subsection 1, paragraph “e”,
3if both the district of residence and the receiving district
4are receiving such supplements, plus any moneys received for
5the pupil as a result of the non-English speaking weighting
6under section 280.4, subsection 3, for the previous school
7year multiplied by the state cost per pupil for the previous
8year. If the pupil participating in open enrollment is also
9an eligible pupil under section 261E.6, the receiving district
10shall pay the tuition reimbursement amount to an eligible
11postsecondary institution as provided in section 261E.7.
12(2) If a pupil participates in an extracurricular activity
13in accordance with subsection 11A, the district of residence
14may deduct an activity fee from the amount calculated in
15subparagraph (1). The amount of an activity fee shall not
16exceed the lesser of the actual cost of providing the activity
17to the pupil or fifteen percent of the state cost per pupil for
18the previous school year.
19 Sec. 16. Section 282.18, Code 2017, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 11A. A pupil participating in open
22enrollment for purposes of receiving educational instruction
23and course content primarily over the internet in accordance
24with section 256.7, subsection 32, may participate in any
25extracurricular activities offered to children in the pupil’s
26grade or group and sponsored by the district of residence under
27the same conditions and requirements as the pupils enrolled in
28the district of residence.
29DIVISION VI
30INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS — EXEMPTION
31 Sec. 17. Section 256.11, subsection 16, paragraph b, Code
322017, is amended to read as follows:
33b. A nonpublic school that participates in the accreditation
34process offered by an independent accrediting agency on
35the approved list published pursuant to paragraph “a” shall
-9-1be deemed to meet the education standards of this section.
2However, such a school shall comply with statutory health
3and safety requirements for school facilities. A nonpublic
4school that is accredited in accordance with this subsection is
5otherwise exempt from any rules adopted by the state board that
6are not specifically required by this subsection.
7DIVISION VII
8YEAR-ROUND SCHOOLS — SECONDARY LEVEL
9 Sec. 18. Section 279.10, subsection 2, unnumbered paragraph
101, Code 2017, is amended to read as follows:
11The board of directors of a school district and the
12authorities in charge of an accredited nonpublic school may
13apply to the department of education for authorization to
14maintain a year-round school calendar at an attendance center
15or school for students in prekindergarten through grade eight.
16However, a board shall hold a public hearing on any proposal
17relating to authorization for a year-round school calendar
18prior to submitting an application under this subsection to the
19department of education for approval.
20DIVISION VIII
21DEPARTMENT OF EDUCATION — BILITERACY SEAL
22 Sec. 19. Section 256.9, Code 2017, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 61. Develop and administer a seal of
25biliteracy program to recognize students graduating from
26high school who have demonstrated proficiency in a foreign
27language. Participation in the program by a school district,
28attendance center, or accredited nonpublic school shall
29be voluntary. The department shall work with stakeholders
30to identify standardized tests that may be utilized to
31demonstrate proficiency. The department shall produce a seal
32of biliteracy, which may be a sticker that may be affixed to
33a student’s high school transcript or a certificate that may
34be awarded to the student. A participating school district or
35school shall notify the department of the names of the students
-10-1who have qualified for the seal and the department shall
2provide the school district or school with the appropriate
3number of seals. The department may charge a nominal fee to
4cover printing and postage charges related to issuance of the
5biliteracy seal under this subsection.
6DIVISION IX
7limitation on department of education guidance
8 Sec. 20. Section 256.9, subsection 16, Code 2017, is amended
9by striking the subsection.
10 Sec. 21. NEW SECTION. 256.9A Limitation on guidance or
11interpretations.
121. a. Unless the department, the state board, or the
13director is specifically authorized by state statute to issue a
14document or statement that interprets a law or rule or offers
15guidance regarding the implementation of a law or rule which
16interpretation or guidance is legally binding on a person or
17imposes a legal obligation or duty on a person, any document
18or statement issued by the department, the state board, or
19the director that interprets a law or rule or offers guidance
20regarding the implementation of a law or rule shall be solely
21advisory in nature and shall not be legally binding on any
22person or impose a legal obligation or duty on any person.
23b. This subsection does not apply to a rule adopted pursuant
24to chapter 17A, a declaratory order issued pursuant to section
2517A.9, a document or statement specifically required by federal
26law or a court, or a document or statement issued in the course
27of an administrative or judicial proceeding to which the
28department, the state board, or the director is a party.
292. a. A document or statement issued by the department, the
30state board, or the director that interprets a law or rule or
31offers guidance regarding the implementation of a law or rule
32that contradicts or purports to supersede any law or rule is
33void.
34b. This subsection does not apply to a document or statement
35specifically required by federal law or a court.
-11-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill modifies Code provisions relating to the delivery
5of educational instruction and course content primarily over
6the internet, modifies concurrent enrollment limitations,
7eliminates certain statewide assessment requirements and
8directs the department of education to issue a request for
9proposals for a statewide assessment, directs the department to
10convene a task force on paperwork reduction and a task force on
11the essential services of the area education agencies, allows
12a pupil who is participating in open enrollment for purposes
13of online instruction to fully participate in extracurricular
14activities in the district of residence, exempts independently
15accredited nonpublic schools from any rules adopted by the
16state board of education that are not specifically required by
17statute, strikes language that limits the year-round school
18calendar to only Pk-8 grade levels, directs the director of
19the department to develop and administer a seal of biliteracy
20program, and limits the authority of the director to interpret
21education laws and rules.
22DIVISION I — ONLINE EDUCATION. The bill eliminates
23provisions requiring that the state board adopt rules
24prohibiting or limiting the open enrollment of students whose
25educational instruction and course content are delivered
26primarily over the internet. The bill requires school
27districts providing online instruction to monitor enrollment,
28timely completion of graduation requirements, course credit
29accrual, and course completion; monitor and verify student
30progress; conduct parent-teacher conferences; and administer
31assessments required by the state. Current provisions that
32require school districts to submit information regarding
33student achievement and growth measures to the department,
34and require the department to compile and submit such data,
35with its findings and recommendations, annually to the general
-12-1assembly, are retained. The bill authorizes school districts
2to provide courses developed by private providers and delivered
3primarily over the internet to pupils who are participating in
4open enrollment.
5Current law limits to one year the waiver that the department
6may issue to school districts and accredited nonpublic schools
7relating to the educational program that online schools must
8offer and teach and authorizes issuance of a waiver if a
9school district or school typically registers fewer than
1010 students in a specified subject. The bill strikes the
11one-year limitation on the waiver and provides for departmental
12discretion in issuing such a waiver.
13DIVISION II — CONCURRENT ENROLLMENT — CAREER AND TECHNICAL
14EXCEPTION TO LIMITATION. The bill allows a student attending a
15community college-offered course or attending a course taught
16by a community college-employed instructor under concurrent
17enrollment to be assigned additional weighting for not more
18than two career and technical courses, even if those courses
19supplant courses the school district is required to offer
20and teach under the career and technical educational program
21specified in Code section 256.11(5)(h).
22DIVISION III — DENTAL AND VISION AUTHORIZATIONS AND
23REQUIREMENTS — REPEALS. The bill repeals provisions
24administered by the department of public health that require
25dental and vision screening of children prior to and following
26enrollment in school districts and accredited nonpublic
27schools, and repeals provisions that authorize school districts
28to establish and maintain dental clinics, require that a parent
29or guardian be given a student vision card when enrolling a
30child in kindergarten or preschool, authorize school districts
31to encourage students to receive an eye examination prior to
32receiving special education services, and direct area education
33agencies to make every effort to provide, in collaboration with
34local community organizations, vision screening services to
35children ages two through four.
-13- 1DIVISION IV — TASK FORCE ON AEA SERVICES. A 16-member
2task force on the essential services of the area education
3agencies (AEAs) is charged with identifying and reviewing
4the essential functions and services AEAs are mandated or
5authorized to provide to school districts, accredited nonpublic
6schools, and other persons. The task force shall compile a
7comprehensive list of functions and services, in order of
8priority ranking, offered by the AEAs. The list shall include
9a brief description of the rationale for each ranking. The
10task force may offer recommendations for continuing, modifying,
11or eliminating functions or service areas currently offered.
12The task force is comprised of four individuals representing
13the department of education, three individuals representing
14school administrators, three individuals representing the AEAs,
15three individuals representing educators, and three individuals
16representing school board members. To the extent practicable,
17the appointing authorities, the school administrators of
18Iowa, AEAs, the professional educators of Iowa, and the
19Iowa association of school boards must appoint individuals
20representing large, medium, and small school districts and
21ensure representation for rural and urban areas.
22The task force shall submit its findings and
23recommendations, including the comprehensive list of functions
24and services offered and the rationale for each ranking
25assigned to a function or service, in a report to the state
26board of education, the governor, and the general assembly by
27November 17, 2017.
28DIVISION V — OPEN ENROLLMENT — EXTRACURRICULAR ACTIVITY
29FEE. The bill allows a pupil who is participating in open
30enrollment for purposes of online instruction to participate in
31extracurricular activities in the district of residence under
32the same conditions and requirements as pupils enrolled in the
33district of residence.
34The bill permits the school district of residence to deduct
35an activity fee in an amount not to exceed the actual cost
-14-1of providing the activity or 15 percent of the state cost
2per pupil for the previous year from the total amount the
3school district is required to pay to the receiving school
4district when such a pupil participates in any extracurricular
5activities in the pupil’s grade or group that is sponsored by
6the district of residence.
7DIVISION VI — INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS —
8EXEMPTION. Currently, a nonpublic school may be accredited by
9independent accrediting agencies that are on a list of approved
10independent accrediting agencies maintained by the state
11board of education. The state board must approve a list of
12approved independent accrediting agencies comprised of six or
13more regional or national nonprofit, nongovernmental agencies
14recognized as reliable authorities concerning the quality of
15education offered by a school. Such a school is subject to
16school facility health and safety requirements. The bill
17makes independently accredited nonpublic schools exempt from
18any rules adopted by the state board that are not specifically
19required by the provision.
20DIVISION VII — YEAR-ROUND SCHOOLS — SECONDARY LEVEL.
21 Currently, school districts and accredited nonpublic schools
22may apply to the department of education for authorization to
23maintain a year-round school calendar at an attendance center
24or school for students in prekindergarten through grade eight.
25The bill strikes the language that limits the year-round school
26calendar to only prekindergarten through grade eight levels.
27DIVISION VIII — DEPARTMENT OF EDUCATION — BILITERACY SEAL.
28 The bill directs the director of the department of education
29to develop and administer a seal of biliteracy program to
30recognize students graduating from high school who have
31demonstrated proficiency in a foreign language. Participation
32in the program by a school district, attendance center, or
33accredited nonpublic school shall be voluntary. The department
34must work with stakeholders to identify standardized tests
35that may be utilized to demonstrate proficiency. The seal
-15-1of biliteracy may be a sticker to be affixed to a student’s
2high school transcript or a certificate that may be awarded
3to the student. The department is required to provide seals
4to a participating school district or school and may charge a
5nominal fee to cover related printing and postage charges.
6DIVISION IX — LIMITATION ON DEPARTMENT OF EDUCATION
7GUIDANCE. The division provides that any document or statement
8issued by the department of education, the state board of
9education, and the director of the department of education
10that interprets a law or rule or offers guidance regarding
11the implementation of a law or rule shall be solely advisory
12in nature and shall not be legally binding on any person or
13impose a legal obligation or duty on any person unless the
14department, the state board, or the director is specifically
15authorized by state statute to issue a document or statement
16that interprets a law or rule or offers guidance regarding
17the implementation of a law or rule which interpretation or
18guidance is legally binding on a person or imposes a legal
19obligation or duty on a person. This provision does not apply
20to administrative rules, declaratory orders, a document or
21statement specifically required by federal law or a court, or a
22document or statement issued in the course of an administrative
23or judicial proceeding to which the department, the state
24board, or the director is a party.
25The division provides that a document or statement issued
26by the department, the state board, or the director that
27interprets a law or rule or offers guidance regarding the
28implementation of a law or rule that contradicts or purports
29to supersede any law or rule is void. This provision does
30not apply to a document or statement specifically required by
31federal law or a court.
32The division strikes language providing for the duty of the
33director to interpret the school laws and rules relating to the
34school laws.
-16-kh/rj
2administered by the department or state board of education,
3school districts, or accredited nonpublic schools, and to
4school-age children’s health screenings, providing for or
5relating to fees, and including effective date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ONLINE EDUCATION
3 Section 1. Section 256.7, subsection 32, paragraph a, Code
42017, is amended to read as follows:
5a. Adopt rules for online learning in accordance with
6sections 256.41, 256.42, and 256.43, and criteria for waivers
7granted pursuant to section 256.42.
8 Sec. 2. Section 256.7, subsection 32, paragraph b, Code
92017, is amended by striking the paragraph.
10 Sec. 3. Section 256.7, subsection 32, paragraph c, Code
112017, is amended to read as follows:
12c. Adopt rules that limit the statewide enrollment of
13pupils in educational instruction and course content that are
14delivered primarily over the internet to not more than eighteen
15one-hundredths of one percent of the statewide enrollment of
16all pupils, and that limit the number of pupils participating
17in open enrollment for purposes of receiving educational
18instruction and course content that are delivered primarily
19over the internet to no more than one percent of a sending
20district’s enrollment. Such limitations shall not apply if
21the limitations would prevent siblings from enrolling in the
22same school district or if a sending district determines that
23the educational needs of a physically or emotionally fragile
24student would be best served by educational instruction and
25course content that are delivered primarily over the internet.
26Students who meet the requirements of section 282.18 may
27participate in open enrollment under this paragraph “c” for
28purposes of enrolling only in the CAM community school district
29or the Clayton Ridge community school district.
30(1) The department, in collaboration with the international
31association for K-12 online learning, shall annually collect
32data on student performance in educational instruction and
33course content that are delivered primarily over the internet
34pursuant to this paragraph “c”. The department shall include
35such data in its annual report to the general assembly pursuant
-1-1to subparagraph (4) and shall post the data on the department’s
2internet site.
3(2) School districts providing educational instruction and
4course content that are delivered primarily over the internet
5pursuant to this paragraph “c” shall annually submit to the
6department, in the manner prescribed by the department, data
7that includes but is not limited to the following:
8(a) Student achievement and demographic characteristics.
9(b) Retention rates.
10(c) The percentage of enrolled students’ active
11participation in extracurricular activities.
12(d) Academic proficiency levels, consistent with
13requirements applicable to all school districts and accredited
14nonpublic schools in this state.
15(e) Academic growth measures, which shall include either of
16the following:
17(i) Entry and exit assessments in, at a minimum, math
18and English for elementary and middle school students, and
19additional subjects, including science, for high school
20students.
21(ii) State-required assessments that track year-over-year
22improvements in academic proficiency.
23(f) Academic mobility. To facilitate the tracking
24of academic mobility, school districts shall request the
25following information from the parent or guardian of a student
26enrolled in educational instruction and course content that
27are delivered primarily over the internet pursuant to this
28paragraph “c”:
29(i) For a student newly enrolling, the reasons for choosing
30such enrollment.
31(ii) For a student terminating enrollment, the reasons for
32terminating such enrollment.
33(g) Student progress toward graduation. Measurement of
34such progress shall account for specific characteristics of
35each enrolled student, including but not limited to age and
-2-1course credit accrued prior to enrollment in educational
2instruction and course content that are delivered primarily
3over the internet pursuant to this paragraph “c”, and shall be
4consistent with evidence-based best practices.
5(3) The department shall conduct annually a survey of not
6less than ten percent of the total number of students enrolled
7as authorized under this paragraph “c” and section 282.18, to
8determine whether students are enrolled under this paragraph
9“c” and section 282.18 to receive educational instruction and
10course content primarily over the internet or are students who
11are receiving competent private instruction from a licensed
12practitioner provided through a school district pursuant to
13chapter 299A.
14(4) (2) The department shall compile and review the data
15collected pursuant to this paragraph “c” and shall submit its
16findings and recommendations for the continued delivery of
17instruction and course content by school districts pursuant to
18this paragraph “c” over the internet, in a report to the general
19assembly by January 15 annually.
20(5) School districts providing educational instruction and
21course content that are delivered primarily over the internet
22pursuant to this paragraph “c” shall comply with the following
23requirements relating to such instruction and content:
24(a) Monitoring and verifying full-time student enrollment,
25timely completion of graduation requirements, course credit
26accrual, and course completion.
27(b) Monitoring and verifying student progress and
28performance in each course through a school-based assessment
29plan that includes submission of coursework and security and
30validity of testing.
31(c) Conducting parent-teacher conferences.
32(d) Administering assessments required by the state to all
33students in a proctored setting and pursuant to state law.
34 Sec. 4. Section 256.9, subsection 56, Code 2017, is amended
35to read as follows:
-3- 156. Develop and establish an online learning program model
2in accordance with rules adopted pursuant to section 256.7,
3subsection 32, paragraph “a”, and in accordance with section
4256.43.
5 Sec. 5. Section 256.41, Code 2017, is amended to read as
6follows:
7256.41 Online learning requirements — legislative findings
8and declarations.
91. The general assembly finds and declares the following:
10a. That prior legislative enactments on the use of
11telecommunications in elementary and secondary school classes
12and courses did not contemplate and were not intended to
13authorize participation in open enrollment under section 282.18
14 for purposes of attending online schools, contracts to provide
15exclusively or predominantly online coursework to students, or
16online coursework that does not use teachers licensed under
17chapter 272 for instruction and supervision.
18b. That online learning technology has moved ahead of Iowa’s
19statutory framework and the current administrative rules of the
20state board, promulgated over twenty years ago, are inadequate
21to regulate today’s virtual opportunities.
22A school district providing educational instruction and
23course content delivered primarily over the internet shall
24do all of the following with regard to such instruction and
25content:
26a. Monitor and verify full-time student enrollment, timely
27completion of graduation requirements, course credit accrual,
28and course completion.
29b. Monitor and verify student progress and performance
30in each course through a school-based assessment plan that
31includes submission of coursework and security and validity of
32testing.
33c. Conduct parent-teacher conferences.
34d. Administer assessments required by the state to all
35students in a proctored setting and pursuant to state law.
-4- 12. Online learning curricula shall be provided and
2supervised by a teacher licensed under chapter 272.
3 Sec. 6. Section 256.42, subsections 3 and 9, Code 2017, are
4amended by striking the subsections.
5 Sec. 7. Section 256.42, subsection 7, unnumbered paragraph
61, Code 2017, is amended to read as follows:
7The department may waive for one year at its discretion
8 the provisions of section 256.11, subsection 5, which require
9that specified subjects be offered and taught by professional
10staff of a school district or school, if the school district or
11school makes every reasonable and good-faith effort to employ
12a teacher licensed under chapter 272 for such a subject, and
13the school district or school proves to the satisfaction of
14the department that the school district or school is unable to
15employ such a teacher or if fewer than ten students typically
16register for instruction in a specified subject at the school
17district or school. The specified subject shall be provided by
18the initiative. The However, the specified subject may instead
19be provided by the school district or school if all of the
20following conditions are met:
21 Sec. 8. Section 256.42, subsection 8, Code 2017, is amended
22to read as follows:
238. The department shall establish fees payable by school
24districts and accredited nonpublic schools participating in
25the initiative. Fees collected pursuant to this subsection
26are appropriated to the department to be used only for the
27purpose of administering this section and shall be established
28so as not to exceed the budgeted cost of administering this
29section to the extent not covered by the moneys appropriated
30in subsection 9. Providing professional development
31necessary to prepare teachers to participate in the initiative
32shall be considered a cost of administering this section.
33Notwithstanding section 8.33, fees collected by the department
34that remain unencumbered or unobligated at the close of the
35fiscal year shall not revert but shall remain available for
-5-1expenditure for the purpose of expanding coursework offered
2under the initiative in subsequent fiscal years.
3 Sec. 9. Section 256.43, subsection 1, paragraph i, Code
42017, is amended to read as follows:
5i. Criteria for school districts or schools to use when
6choosing providers of online learning to meet the online
7learning program requirements specified in rules adopted
8pursuant to section 256.7, subsection 32, paragraph “a”.
9 Sec. 10. Section 256.43, subsection 2, Code 2017, is amended
10to read as follows:
112. Private providers. At the discretion of the school board
12or authorities in charge of an accredited nonpublic school,
13after consideration of circumstances created by necessity,
14convenience, and cost-effectiveness, courses developed by
15private providers may be utilized by the school district or
16school in implementing a high-quality online learning program.
17Courses obtained from private providers shall be taught by
18teachers licensed under chapter 272. A school district may
19provide courses developed by private providers and delivered
20primarily over the internet to pupils who are participating in
21open enrollment under section 282.18.
22DIVISION II
23CONCURRENT ENROLLMENT — CAREER AND TECHNICAL EXCEPTION TO
24LIMITATION
25 Sec. 11. Section 257.11, subsection 3, paragraph b,
26subparagraph (1), Code 2017, is amended to read as follows:
27(1) Supplementing, not supplanting, high school courses
28required to be offered pursuant to section 256.11, subsection
295, except that up to two courses required under section
30256.11, subsection 5, paragraph “h”, may supplant rather than
31supplement courses required to be offered pursuant to section
32256.11, subsection 5.
33 Sec. 12. Section 261E.3, subsection 3, paragraph g, Code
342017, is amended to read as follows:
35g. The school district shall certify annually to the
-6-1department that the course provided to a high school student
2for postsecondary credit in accordance with this chapter either
3 does not supplant a course provided by the school district
4in which the student is enrolled or does supplant a course
5but meets the requirements of section 257.11, subsection 3,
6paragraph “b”, subparagraph (1).
7DIVISION III
8DENTAL AND VISION AUTHORIZATIONS AND REQUIREMENTS — REPEALS
9 Sec. 13. REPEAL. Sections 135.17, 135.39D, 280.7, and
10280.7A, Code 2017, are repealed.
11DIVISION IV
12TASK FORCES ON AEA ESSENTIAL SERVICES
13 Sec. 14. TASK FORCE ON THE ESSENTIAL SERVICES OF THE AREA
14EDUCATION AGENCIES.
151. The department of education shall convene a task force
16to identify and review the essential functions and services
17area education agencies are mandated or authorized to provide
18to school districts, accredited nonpublic schools, and other
19persons. The task force shall compile a comprehensive list of
20functions and services, in order of priority ranking, offered
21by the area education agencies. The list shall include a
22brief description of the rationale for the ranking assigned
23each function and service offered. The task force may offer
24recommendations for continuing, modifying, or eliminating
25functions or service areas currently offered.
262. The task force members shall be appointed as follows:
27a. Four individuals representing the department of
28education, including the director of the department of
29education or the director’s designee and three individuals who
30shall be appointed by the director.
31b. Three individuals representing school administrators who
32shall be appointed by the school administrators of Iowa.
33c. Three individuals representing the area education
34agencies who shall be appointed jointly by the area education
35agencies.
-7- 1d. Three individuals representing educators who shall be
2appointed by the professional educators of Iowa.
3e. Three individuals representing school board members who
4shall be appointed by the Iowa association of school boards.
53. To the extent practicable, the appointing authorities
6specified in subsection 2, paragraphs “b” through “e”, shall
7appoint individuals representing large, medium, and small
8school districts and ensure representation for rural and urban
9areas.
104. The director of the department of education shall convene
11the initial meeting. The task force shall elect one of its
12members as chairperson. After the initial meeting, the task
13force shall meet at the time and place specified by call of
14the chairperson. The department of education shall provide
15staffing services for the task force.
165. The task force shall submit its findings and
17recommendations, including the comprehensive list of functions
18and services offered and the rationale for each ranking
19assigned to a function or service, in a report to the state
20board of education, the governor, and the general assembly by
21November 17, 2017.
22DIVISION V
23OPEN ENROLLMENT — EXTRACURRICULAR ACTIVITY FEE
24 Sec. 15. Section 282.18, subsection 7, Code 2017, is amended
25to read as follows:
267. a. A pupil participating in open enrollment shall be
27counted, for state school foundation aid purposes, in the
28pupil’s district of residence. A pupil’s residence, for
29purposes of this section, means a residence under section
30282.1.
31b. (1) The board of directors of the district of residence
32shall pay to the receiving district the sum of the state cost
33per pupil for the previous school year plus either the teacher
34leadership supplement state cost per pupil for the previous
35fiscal year as provided in section 257.9 or the teacher
-8-1leadership supplement foundation aid for the previous fiscal
2year as provided in section 284.13, subsection 1, paragraph “e”,
3if both the district of residence and the receiving district
4are receiving such supplements, plus any moneys received for
5the pupil as a result of the non-English speaking weighting
6under section 280.4, subsection 3, for the previous school
7year multiplied by the state cost per pupil for the previous
8year. If the pupil participating in open enrollment is also
9an eligible pupil under section 261E.6, the receiving district
10shall pay the tuition reimbursement amount to an eligible
11postsecondary institution as provided in section 261E.7.
12(2) If a pupil participates in an extracurricular activity
13in accordance with subsection 11A, the district of residence
14may deduct an activity fee from the amount calculated in
15subparagraph (1). The amount of an activity fee shall not
16exceed the lesser of the actual cost of providing the activity
17to the pupil or fifteen percent of the state cost per pupil for
18the previous school year.
19 Sec. 16. Section 282.18, Code 2017, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 11A. A pupil participating in open
22enrollment for purposes of receiving educational instruction
23and course content primarily over the internet in accordance
24with section 256.7, subsection 32, may participate in any
25extracurricular activities offered to children in the pupil’s
26grade or group and sponsored by the district of residence under
27the same conditions and requirements as the pupils enrolled in
28the district of residence.
29DIVISION VI
30INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS — EXEMPTION
31 Sec. 17. Section 256.11, subsection 16, paragraph b, Code
322017, is amended to read as follows:
33b. A nonpublic school that participates in the accreditation
34process offered by an independent accrediting agency on
35the approved list published pursuant to paragraph “a” shall
-9-1be deemed to meet the education standards of this section.
2However, such a school shall comply with statutory health
3and safety requirements for school facilities. A nonpublic
4school that is accredited in accordance with this subsection is
5otherwise exempt from any rules adopted by the state board that
6are not specifically required by this subsection.
7DIVISION VII
8YEAR-ROUND SCHOOLS — SECONDARY LEVEL
9 Sec. 18. Section 279.10, subsection 2, unnumbered paragraph
101, Code 2017, is amended to read as follows:
11The board of directors of a school district and the
12authorities in charge of an accredited nonpublic school may
13apply to the department of education for authorization to
14maintain a year-round school calendar at an attendance center
15or school for students in prekindergarten through grade eight.
16However, a board shall hold a public hearing on any proposal
17relating to authorization for a year-round school calendar
18prior to submitting an application under this subsection to the
19department of education for approval.
20DIVISION VIII
21DEPARTMENT OF EDUCATION — BILITERACY SEAL
22 Sec. 19. Section 256.9, Code 2017, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 61. Develop and administer a seal of
25biliteracy program to recognize students graduating from
26high school who have demonstrated proficiency in a foreign
27language. Participation in the program by a school district,
28attendance center, or accredited nonpublic school shall
29be voluntary. The department shall work with stakeholders
30to identify standardized tests that may be utilized to
31demonstrate proficiency. The department shall produce a seal
32of biliteracy, which may be a sticker that may be affixed to
33a student’s high school transcript or a certificate that may
34be awarded to the student. A participating school district or
35school shall notify the department of the names of the students
-10-1who have qualified for the seal and the department shall
2provide the school district or school with the appropriate
3number of seals. The department may charge a nominal fee to
4cover printing and postage charges related to issuance of the
5biliteracy seal under this subsection.
6DIVISION IX
7limitation on department of education guidance
8 Sec. 20. Section 256.9, subsection 16, Code 2017, is amended
9by striking the subsection.
10 Sec. 21. NEW SECTION. 256.9A Limitation on guidance or
11interpretations.
121. a. Unless the department, the state board, or the
13director is specifically authorized by state statute to issue a
14document or statement that interprets a law or rule or offers
15guidance regarding the implementation of a law or rule which
16interpretation or guidance is legally binding on a person or
17imposes a legal obligation or duty on a person, any document
18or statement issued by the department, the state board, or
19the director that interprets a law or rule or offers guidance
20regarding the implementation of a law or rule shall be solely
21advisory in nature and shall not be legally binding on any
22person or impose a legal obligation or duty on any person.
23b. This subsection does not apply to a rule adopted pursuant
24to chapter 17A, a declaratory order issued pursuant to section
2517A.9, a document or statement specifically required by federal
26law or a court, or a document or statement issued in the course
27of an administrative or judicial proceeding to which the
28department, the state board, or the director is a party.
292. a. A document or statement issued by the department, the
30state board, or the director that interprets a law or rule or
31offers guidance regarding the implementation of a law or rule
32that contradicts or purports to supersede any law or rule is
33void.
34b. This subsection does not apply to a document or statement
35specifically required by federal law or a court.
-11-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill modifies Code provisions relating to the delivery
5of educational instruction and course content primarily over
6the internet, modifies concurrent enrollment limitations,
7eliminates certain statewide assessment requirements and
8directs the department of education to issue a request for
9proposals for a statewide assessment, directs the department to
10convene a task force on paperwork reduction and a task force on
11the essential services of the area education agencies, allows
12a pupil who is participating in open enrollment for purposes
13of online instruction to fully participate in extracurricular
14activities in the district of residence, exempts independently
15accredited nonpublic schools from any rules adopted by the
16state board of education that are not specifically required by
17statute, strikes language that limits the year-round school
18calendar to only Pk-8 grade levels, directs the director of
19the department to develop and administer a seal of biliteracy
20program, and limits the authority of the director to interpret
21education laws and rules.
22DIVISION I — ONLINE EDUCATION. The bill eliminates
23provisions requiring that the state board adopt rules
24prohibiting or limiting the open enrollment of students whose
25educational instruction and course content are delivered
26primarily over the internet. The bill requires school
27districts providing online instruction to monitor enrollment,
28timely completion of graduation requirements, course credit
29accrual, and course completion; monitor and verify student
30progress; conduct parent-teacher conferences; and administer
31assessments required by the state. Current provisions that
32require school districts to submit information regarding
33student achievement and growth measures to the department,
34and require the department to compile and submit such data,
35with its findings and recommendations, annually to the general
-12-1assembly, are retained. The bill authorizes school districts
2to provide courses developed by private providers and delivered
3primarily over the internet to pupils who are participating in
4open enrollment.
5Current law limits to one year the waiver that the department
6may issue to school districts and accredited nonpublic schools
7relating to the educational program that online schools must
8offer and teach and authorizes issuance of a waiver if a
9school district or school typically registers fewer than
1010 students in a specified subject. The bill strikes the
11one-year limitation on the waiver and provides for departmental
12discretion in issuing such a waiver.
13DIVISION II — CONCURRENT ENROLLMENT — CAREER AND TECHNICAL
14EXCEPTION TO LIMITATION. The bill allows a student attending a
15community college-offered course or attending a course taught
16by a community college-employed instructor under concurrent
17enrollment to be assigned additional weighting for not more
18than two career and technical courses, even if those courses
19supplant courses the school district is required to offer
20and teach under the career and technical educational program
21specified in Code section 256.11(5)(h).
22DIVISION III — DENTAL AND VISION AUTHORIZATIONS AND
23REQUIREMENTS — REPEALS. The bill repeals provisions
24administered by the department of public health that require
25dental and vision screening of children prior to and following
26enrollment in school districts and accredited nonpublic
27schools, and repeals provisions that authorize school districts
28to establish and maintain dental clinics, require that a parent
29or guardian be given a student vision card when enrolling a
30child in kindergarten or preschool, authorize school districts
31to encourage students to receive an eye examination prior to
32receiving special education services, and direct area education
33agencies to make every effort to provide, in collaboration with
34local community organizations, vision screening services to
35children ages two through four.
-13- 1DIVISION IV — TASK FORCE ON AEA SERVICES. A 16-member
2task force on the essential services of the area education
3agencies (AEAs) is charged with identifying and reviewing
4the essential functions and services AEAs are mandated or
5authorized to provide to school districts, accredited nonpublic
6schools, and other persons. The task force shall compile a
7comprehensive list of functions and services, in order of
8priority ranking, offered by the AEAs. The list shall include
9a brief description of the rationale for each ranking. The
10task force may offer recommendations for continuing, modifying,
11or eliminating functions or service areas currently offered.
12The task force is comprised of four individuals representing
13the department of education, three individuals representing
14school administrators, three individuals representing the AEAs,
15three individuals representing educators, and three individuals
16representing school board members. To the extent practicable,
17the appointing authorities, the school administrators of
18Iowa, AEAs, the professional educators of Iowa, and the
19Iowa association of school boards must appoint individuals
20representing large, medium, and small school districts and
21ensure representation for rural and urban areas.
22The task force shall submit its findings and
23recommendations, including the comprehensive list of functions
24and services offered and the rationale for each ranking
25assigned to a function or service, in a report to the state
26board of education, the governor, and the general assembly by
27November 17, 2017.
28DIVISION V — OPEN ENROLLMENT — EXTRACURRICULAR ACTIVITY
29FEE. The bill allows a pupil who is participating in open
30enrollment for purposes of online instruction to participate in
31extracurricular activities in the district of residence under
32the same conditions and requirements as pupils enrolled in the
33district of residence.
34The bill permits the school district of residence to deduct
35an activity fee in an amount not to exceed the actual cost
-14-1of providing the activity or 15 percent of the state cost
2per pupil for the previous year from the total amount the
3school district is required to pay to the receiving school
4district when such a pupil participates in any extracurricular
5activities in the pupil’s grade or group that is sponsored by
6the district of residence.
7DIVISION VI — INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS —
8EXEMPTION. Currently, a nonpublic school may be accredited by
9independent accrediting agencies that are on a list of approved
10independent accrediting agencies maintained by the state
11board of education. The state board must approve a list of
12approved independent accrediting agencies comprised of six or
13more regional or national nonprofit, nongovernmental agencies
14recognized as reliable authorities concerning the quality of
15education offered by a school. Such a school is subject to
16school facility health and safety requirements. The bill
17makes independently accredited nonpublic schools exempt from
18any rules adopted by the state board that are not specifically
19required by the provision.
20DIVISION VII — YEAR-ROUND SCHOOLS — SECONDARY LEVEL.
21 Currently, school districts and accredited nonpublic schools
22may apply to the department of education for authorization to
23maintain a year-round school calendar at an attendance center
24or school for students in prekindergarten through grade eight.
25The bill strikes the language that limits the year-round school
26calendar to only prekindergarten through grade eight levels.
27DIVISION VIII — DEPARTMENT OF EDUCATION — BILITERACY SEAL.
28 The bill directs the director of the department of education
29to develop and administer a seal of biliteracy program to
30recognize students graduating from high school who have
31demonstrated proficiency in a foreign language. Participation
32in the program by a school district, attendance center, or
33accredited nonpublic school shall be voluntary. The department
34must work with stakeholders to identify standardized tests
35that may be utilized to demonstrate proficiency. The seal
-15-1of biliteracy may be a sticker to be affixed to a student’s
2high school transcript or a certificate that may be awarded
3to the student. The department is required to provide seals
4to a participating school district or school and may charge a
5nominal fee to cover related printing and postage charges.
6DIVISION IX — LIMITATION ON DEPARTMENT OF EDUCATION
7GUIDANCE. The division provides that any document or statement
8issued by the department of education, the state board of
9education, and the director of the department of education
10that interprets a law or rule or offers guidance regarding
11the implementation of a law or rule shall be solely advisory
12in nature and shall not be legally binding on any person or
13impose a legal obligation or duty on any person unless the
14department, the state board, or the director is specifically
15authorized by state statute to issue a document or statement
16that interprets a law or rule or offers guidance regarding
17the implementation of a law or rule which interpretation or
18guidance is legally binding on a person or imposes a legal
19obligation or duty on a person. This provision does not apply
20to administrative rules, declaratory orders, a document or
21statement specifically required by federal law or a court, or a
22document or statement issued in the course of an administrative
23or judicial proceeding to which the department, the state
24board, or the director is a party.
25The division provides that a document or statement issued
26by the department, the state board, or the director that
27interprets a law or rule or offers guidance regarding the
28implementation of a law or rule that contradicts or purports
29to supersede any law or rule is void. This provision does
30not apply to a document or statement specifically required by
31federal law or a court.
32The division strikes language providing for the duty of the
33director to interpret the school laws and rules relating to the
34school laws.
-16-kh/rj