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Senate File 475 - 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 Adopt rules which require that
4educational instruction and course content delivered primarily
5over the internet be aligned with the Iowa core standards as
6applicable. Under such rules, a school district may develop
7and offer to students enrolled in the district educational
8instruction and course content for delivery primarily over the
9internet. A school district providing educational instruction
10and course content that are delivered primarily over the
11internet pursuant to this paragraph “c” shall annually submit
12to the department, in the manner prescribed by the department,
13data that includes but is not limited to the following:
14(a) Student achievement and demographic characteristics.
15(b) Retention rates.
16(c) The percentage of enrolled students’ active
17participation in extracurricular activities.
18(d) Academic proficiency levels, consistent with
19requirements applicable to all school districts and accredited
20nonpublic schools in this state.
21(e) Academic growth measures, which shall include either of
22the following:
23(i) Entry and exit assessments in, at a minimum, math
24and English for elementary and middle school students, and
25additional subjects, including science, for high school
26students.
27(ii) State-required assessments that track year-over-year
28improvements in academic proficiency.
29(f) Academic mobility. To facilitate the tracking
30of academic mobility, school districts shall request the
31following information from the parent or guardian of a student
32enrolled in educational instruction and course content that
33are delivered primarily over the internet pursuant to this
34paragraph “c”:
35(i) For a student newly enrolling, the reasons for choosing
-2-1such enrollment.
2(ii) For a student terminating enrollment, the reasons for
3terminating such enrollment.
4(g) Student progress toward graduation. Measurement of
5such progress shall account for specific characteristics of
6each enrolled student, including but not limited to age and
7course credit accrued prior to enrollment in educational
8instruction and course content that are delivered primarily
9over the internet pursuant to this paragraph “c”, and shall be
10consistent with evidence-based best practices.
11(3) The department shall conduct annually a survey of not
12less than ten percent of the total number of students enrolled
13as authorized under this paragraph “c” and section 282.18, to
14determine whether students are enrolled under this paragraph
15“c” and section 282.18 to receive educational instruction and
16course content primarily over the internet or are students who
17are receiving competent private instruction from a licensed
18practitioner provided through a school district pursuant to
19chapter 299A.
20(4) (2) The department shall compile and review the data
21collected pursuant to this paragraph “c” and shall submit its
22findings and recommendations for the continued delivery of
23instruction and course content by school districts pursuant to
24this paragraph “c” over the internet, in a report to the general
25assembly by January 15 annually.
26(5) School districts providing educational instruction and
27course content that are delivered primarily over the internet
28pursuant to this paragraph “c” shall comply with the following
29requirements relating to such instruction and content:
30(a) Monitoring and verifying full-time student enrollment,
31timely completion of graduation requirements, course credit
32accrual, and course completion.
33(b) Monitoring and verifying student progress and
34performance in each course through a school-based assessment
35plan that includes submission of coursework and security and
-3-1validity of testing.
2(c) Conducting parent-teacher conferences.
3(d) Administering assessments required by the state to all
4students in a proctored setting and pursuant to state law.
5 Sec. 4. Section 256.9, subsection 56, Code 2017, is amended
6to read as follows:
756. Develop and establish an online learning program model
8in accordance with rules adopted pursuant to section 256.7,
9subsection 32, paragraph “a”, and in accordance with section
10256.43.
11 Sec. 5. Section 256.41, Code 2017, is amended to read as
12follows:
13256.41 Online learning requirements — legislative findings
14and declarations.
151. The general assembly finds and declares the following:
16a. That prior legislative enactments on the use of
17telecommunications in elementary and secondary school classes
18and courses did not contemplate and were not intended to
19authorize participation in open enrollment under section 282.18
20 for purposes of attending online schools, contracts to provide
21exclusively or predominantly online coursework to students, or
22online coursework that does not use teachers licensed under
23chapter 272 for instruction and supervision.
24b. That online learning technology has moved ahead of Iowa’s
25statutory framework and the current administrative rules of the
26state board, promulgated over twenty years ago, are inadequate
27to regulate today’s virtual opportunities.
28A school district providing educational instruction and
29course content delivered primarily over the internet shall
30do all of the following with regard to such instruction and
31content:
32a. Monitor and verify full-time student enrollment, timely
33completion of graduation requirements, course credit accrual,
34and course completion.
35b. Monitor and verify student progress and performance
-4-1in each course through a school-based assessment plan that
2includes submission of coursework and security and validity of
3testing.
4c. Conduct parent-teacher conferences.
5d. Administer assessments required by the state to all
6students in a proctored setting and pursuant to state law.
72. Online learning curricula shall be provided and
8supervised by a teacher licensed under chapter 272.
9 Sec. 6. Section 256.42, subsection 7, unnumbered paragraph
101, Code 2017, is amended to read as follows:
11The department may waive for one year at its discretion
12 the provisions of section 256.11, subsection 5, which require
13that specified subjects be offered and taught by professional
14staff of a school district or school, if the school district or
15school makes every reasonable and good-faith effort to employ
16a teacher licensed under chapter 272 for such a subject, and
17the school district or school proves to the satisfaction of
18the department that the school district or school is unable to
19employ such a teacher or if fewer than ten students typically
20register for instruction in a specified subject at the school
21district or school. The specified subject shall be provided by
22the initiative. The However, the specified subject may instead
23be provided by the school district or school if all of the
24following conditions are met:
25 Sec. 7. Section 256.42, subsection 8, Code 2017, is amended
26to read as follows:
278. The department shall establish fees payable by school
28districts and accredited nonpublic schools participating in
29the initiative. Fees collected pursuant to this subsection
30are appropriated to the department to be used only for the
31purpose of administering this section and shall be established
32so as not to exceed the budgeted cost of administering this
33section to the extent not covered by the moneys appropriated
34in subsection 9. Providing professional development
35necessary to prepare teachers to participate in the initiative
-5-1shall be considered a cost of administering this section.
2Notwithstanding section 8.33, fees collected by the department
3that remain unencumbered or unobligated at the close of the
4fiscal year shall not revert but shall remain available for
5expenditure for the purpose of expanding coursework offered
6under the initiative in subsequent fiscal years.
7 Sec. 8. Section 256.42, subsection 9, Code 2017, is amended
8by striking the subsection.
9 Sec. 9. Section 256.43, subsection 1, paragraph i, Code
102017, is amended to read as follows:
11i. Criteria for school districts or schools to use when
12choosing providers of online learning to meet the online
13learning program requirements specified in rules adopted
14pursuant to section 256.7, subsection 32, paragraph “a”.
15 Sec. 10. Section 256.43, subsection 2, Code 2017, is amended
16to read as follows:
172. Private providers. At the discretion of the school board
18or authorities in charge of an accredited nonpublic school,
19after consideration of circumstances created by necessity,
20convenience, and cost-effectiveness, courses developed by
21private providers may be utilized by the school district or
22school in implementing a high-quality online learning program.
23Courses obtained from private providers shall be taught by
24teachers licensed under chapter 272. A school district may
25provide courses developed by private providers and delivered
26primarily over the internet to pupils who are participating in
27open enrollment under section 282.18.
28DIVISION II
29CONCURRENT ENROLLMENT — CAREER AND TECHNICAL EXCEPTION TO
30LIMITATION
31 Sec. 11. Section 257.11, subsection 3, paragraph b,
32subparagraph (1), Code 2017, is amended to read as follows:
33(1) Supplementing, not supplanting, high school courses
34required to be offered pursuant to section 256.11, subsection
355, except that up to two courses required under section
-6-1256.11, subsection 5, paragraph “h”, may supplant rather than
2supplement courses required to be offered pursuant to section
3256.11, subsection 5.
4 Sec. 12. Section 261E.3, subsection 3, paragraph g, Code
52017, is amended to read as follows:
6g. The school district shall certify annually to the
7department that the course provided to a high school student
8for postsecondary credit in accordance with this chapter either
9 does not supplant a course provided by the school district
10in which the student is enrolled or does supplant a course
11but meets the requirements of section 257.11, subsection 3,
12paragraph “b”, subparagraph (1).
13DIVISION III
14DENTAL AND VISION AUTHORIZATIONS AND REQUIREMENTS — REPEALS
15 Sec. 13. Section 280.7A, subsections 1 and 2, Code 2017, are
16amended to read as follows:
171. A parent or guardian who registers a child for
18kindergarten or a preschool program shall may be given a
19student vision card provided by the Iowa optometric association
20and as approved by the department of education with a goal
21of every child receiving an eye examination by age seven, as
22needed.
232. School districts may encourage a student to receive an
24eye examination by a licensed ophthalmologist or optometrist
25prior to the student receiving special education services
26pursuant to chapter 256B. The eye examination is not a
27requirement for a student to receive special education
28services. A parent or guardian shall be responsible for
29ensuring that a student receives an eye examination pursuant to
30this section.
31 Sec. 14. REPEAL. Sections 135.17 and 135.39D, Code 2017,
32are repealed.
33 Sec. 15. EFFECTIVE UPON ENACTMENT. This division of this
34Act, being deemed of immediate importance, takes effect upon
35enactment.
-7-1DIVISION IV
2TASK FORCES ON AEA ESSENTIAL SERVICES
3 Sec. 16. TASK FORCE ON THE ESSENTIAL SERVICES OF THE AREA
4EDUCATION AGENCIES.
51. The department of education shall convene a task force
6to identify and review the essential functions and services
7area education agencies are mandated or authorized to provide
8to school districts, accredited nonpublic schools, and other
9persons. The task force shall compile a comprehensive list of
10functions and services, in order of priority ranking, offered
11by the area education agencies. The list shall include a
12brief description of the rationale for the ranking assigned
13each function and service offered. The task force may offer
14recommendations for continuing, modifying, or eliminating
15functions or service areas currently offered.
162. The task force members shall be appointed as follows:
17a. Four individuals representing the department of
18education, including the director of the department of
19education or the director’s designee and three individuals who
20shall be appointed by the director.
21b. Three individuals representing school administrators who
22shall be appointed by the school administrators of Iowa.
23c. Three individuals representing the area education
24agencies who shall be appointed jointly by the area education
25agencies.
26d. Three individuals representing educators who shall be
27appointed by the professional educators of Iowa.
28e. Three individuals representing teachers who shall be
29appointed by the Iowa state education association.
30f. Three individuals representing school board members who
31shall be appointed by the Iowa association of school boards.
32g. Three individuals who shall be appointed by the Iowa
33advocates for choice in education.
343. To the extent practicable, the appointing authorities
35specified in subsection 2, paragraphs “b” through “e”, shall
-8-1appoint individuals representing large, medium, and small
2school districts and ensure representation for rural and urban
3areas.
44. The director of the department of education shall convene
5the initial meeting. The task force shall elect one of its
6members as chairperson. After the initial meeting, the task
7force shall meet at the time and place specified by call of
8the chairperson. The department of education shall provide
9staffing services for the task force.
105. The task force shall submit its findings and
11recommendations, including the comprehensive list of functions
12and services offered and the rationale for each ranking
13assigned to a function or service, in a report to the state
14board of education, the governor, and the general assembly by
15November 17, 2017.
16DIVISION V
17OPEN ENROLLMENT — EXTRACURRICULAR ACTIVITY FEE
18 Sec. 17. Section 282.18, subsection 7, Code 2017, is amended
19to read as follows:
207. a. A pupil participating in open enrollment shall be
21counted, for state school foundation aid purposes, in the
22pupil’s district of residence. A pupil’s residence, for
23purposes of this section, means a residence under section
24282.1.
25b. (1) The board of directors of the district of residence
26shall pay to the receiving district the sum of the state cost
27per pupil for the previous school year plus either the teacher
28leadership supplement state cost per pupil for the previous
29fiscal year as provided in section 257.9 or the teacher
30leadership supplement foundation aid for the previous fiscal
31year as provided in section 284.13, subsection 1, paragraph “e”,
32if both the district of residence and the receiving district
33are receiving such supplements, plus any moneys received for
34the pupil as a result of the non-English speaking weighting
35under section 280.4, subsection 3, for the previous school
-9-1year multiplied by the state cost per pupil for the previous
2year. If the pupil participating in open enrollment is also
3an eligible pupil under section 261E.6, the receiving district
4shall pay the tuition reimbursement amount to an eligible
5postsecondary institution as provided in section 261E.7.
6(2) If a pupil participates in one or more cocurricular
7or extracurricular activities in accordance with subsection
811A, the district of residence may deduct an activity fee from
9the amount calculated in subparagraph (1). In determining the
10amount of the activity fee, the school district shall prorate
11the costs for the pupil’s participation in any cocurricular
12or extracurricular activity based on the total number of
13pupils participating in the activity. The total amount of the
14activity fee as determined for the pupil’s participation in one
15or more activities shall not exceed the lesser of the actual
16costs of providing each activity to the pupil, as prorated, or
17fifteen percent of the state cost per pupil for the previous
18school year.
19 Sec. 18. 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
25cocurricular or extracurricular activities offered to children
26in the pupil’s grade or group and sponsored by the district
27of residence under the same conditions and requirements
28as the pupils enrolled in the district of residence. The
29student shall comply with the eligibility, conduct, and other
30requirements relating to the activity that are established
31by the district of residence for any student who applies to
32participate or who is participating in the activity.
33DIVISION VI
34INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS — EXEMPTION
35 Sec. 19. Section 256.11, subsection 16, paragraph b, Code
-10-12017, is amended to read as follows:
2b. A nonpublic school that participates in the accreditation
3process offered by an independent accrediting agency on
4the approved list published pursuant to paragraph “a” shall
5be deemed to meet the education standards of this section.
6However, such a school shall comply with statutory health
7and safety requirements for school facilities. A nonpublic
8school that is accredited in accordance with this subsection is
9otherwise exempt from any rules adopted by the state board that
10are not specifically required by this subsection.
11 Sec. 20. EFFECTIVE UPON ENACTMENT. This division of this
12Act, being deemed of immediate importance, takes effect upon
13enactment.
14DIVISION VII
15DEPARTMENT OF EDUCATION — BILITERACY SEAL
16 Sec. 21. Section 256.9, Code 2017, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 61. Develop and administer a seal of
19biliteracy program to recognize students graduating from high
20school who have demonstrated proficiency in two or more world
21languages, one of which must be English. Participation in the
22program by a school district, attendance center, or accredited
23nonpublic school shall be voluntary. The department shall work
24with stakeholders to identify standardized tests that may be
25utilized to demonstrate proficiency. The department shall
26produce a seal of biliteracy, which may include but need not
27be limited to a sticker that may be affixed to a student’s
28high school transcript or a certificate that may be awarded to
29the student. A participating school district or school shall
30notify the department of the names of the students who have
31qualified for the seal and the department shall provide the
32school district or school with the appropriate number of seals
33or other authorized endorsement. The department may charge a
34nominal fee to cover printing and postage charges related to
35issuance of the biliteracy seal under this subsection.
-11-1DIVISION VIII
2limitation on department of education guidance
3 Sec. 22. NEW SECTION. 256.9A Limitation on guidance and
4interpretations.
51. For the purposes of this section, “guidance” means a
6document or statement issued by the department, the state
7board, or the director that purports to interpret a law, a
8rule, or other legal authority and is designed to provide
9advice or direction to a person regarding the implementation
10of or compliance with the law, the rule, or the other legal
11authority being interpreted.
122. The department, the state board, or the director shall
13not issue guidance inconsistent with any statute, rule, or
14other legal authority and shall not issue guidance that imposes
15any legally binding obligations or duties upon any person
16unless such legally binding obligations or duties are required
17or reasonably implied by any statute, rule, or other legal
18authority.
193. This section shall not apply to a rule adopted pursuant
20to chapter 17A, a declaratory order issued pursuant to section
2117A.9, a document or statement required by federal law or a
22court, or a document or statement issued in the course of a
23contested case proceeding, an administrative proceeding, or a
24judicial proceeding to which the department, the state board,
25or the director is a party.
264. Guidance issued by the department, the state board, or
27the director in violation of subsection 2 shall not be deemed
28to be legally binding.
29 Sec. 23. EFFECTIVE UPON ENACTMENT. This division of this
30Act, being deemed of immediate importance, takes effect upon
31enactment.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill modifies Code provisions relating to the delivery
-12-1of educational instruction and course content primarily over
2the internet, modifies concurrent enrollment limitations,
3directs the department to convene a task force on the
4essential services of the area education agencies, allows a
5pupil who is participating in open enrollment for purposes
6of online instruction to fully participate in cocurricular
7extracurricular activities in the district of residence,
8exempts independently accredited nonpublic schools from any
9rules adopted by the state board of education that are not
10specifically required by statute, directs the director of the
11department to develop and administer a seal of biliteracy
12program, and limits the authority of the director to interpret
13education laws and rules.
14DIVISION I — ONLINE EDUCATION. The bill eliminates
15provisions requiring that the state board adopt rules
16prohibiting or limiting the open enrollment of students whose
17educational instruction and course content are delivered
18primarily over the internet. The bill requires the state board
19to adopt rules requiring that instruction delivered primarily
20over the internet be aligned with the Iowa core standards as
21applicable. Under such rules, a school district may develop
22and offer to students enrolled in the district instruction
23delivered primarily over the internet. The bill retains
24but relocates language requiring school districts providing
25online instruction to monitor enrollment, timely completion
26of graduation requirements, course credit accrual, and course
27completion; monitor and verify student progress; conduct
28parent-teacher conferences; and administer assessments required
29by the state. The bill authorizes school districts to provide
30courses developed by private providers and delivered primarily
31over the internet to pupils who are participating in open
32enrollment.
33Current law limits to one year the waiver that the department
34may issue to school districts and accredited nonpublic schools
35relating to the educational program that online schools must
-13-1offer and teach. The bill authorizes issuance of a waiver if
2a school district or school typically registers fewer than 10
3students in a specified subject. The bill also strikes the
4one-year limitation on the waiver and provides for departmental
5discretion in issuing such a waiver.
6DIVISION II — CONCURRENT ENROLLMENT — CAREER AND TECHNICAL
7EXCEPTION TO LIMITATION. The bill allows a student attending a
8community college-offered course or attending a course taught
9by a community college-employed instructor under concurrent
10enrollment to be assigned additional weighting for not more
11than two career and technical courses, even if those courses
12supplant courses the school district is required to offer
13and teach under the career and technical educational program
14specified in Code section 256.11(5)(h).
15DIVISION III — DENTAL AND VISION AUTHORIZATIONS AND
16REQUIREMENTS — REPEALS. The bill repeals provisions
17administered by the department of public health that require
18dental and vision screening of children prior to and following
19enrollment in school districts and accredited nonpublic
20schools. Currently, a school district is required to give
21a parent or guardian a student vision card when enrolling a
22child in kindergarten or preschool and the parent or guardian
23is responsible for ensuring that the student receives an eye
24examination. The bill authorizes school districts to give
25the card to a parent or guardian and to encourage students to
26receive an eye examination prior to receiving special education
27services. The bill eliminates a provision making the parent
28or guardian responsible for ensuring the student receives an
29eye examination.
30Division III takes effect upon enactment.
31DIVISION IV — TASK FORCE ON AEA SERVICES. A 22-member
32task force on the essential services of the area education
33agencies (AEAs) is charged with identifying and reviewing
34the essential functions and services AEAs are mandated or
35authorized to provide to school districts, accredited nonpublic
-14-1schools, and other persons. The task force shall compile a
2comprehensive list of functions and services, in order of
3priority ranking, offered by the AEAs. The list shall include
4a brief description of the rationale for each ranking. The
5task force may offer recommendations for continuing, modifying,
6or eliminating functions or service areas currently offered.
7The task force is comprised of four individuals representing
8the department of education, three individuals representing
9school administrators, three individuals representing
10the AEAs, six individuals representing educators, three
11individuals representing school board members, and three
12members representing advocates for choice in education. To
13the extent practicable, the appointing authorities, the school
14administrators of Iowa, AEAs, the professional educators of
15Iowa, the Iowa state education association, the Iowa alliance
16for choice in education, and the Iowa association of school
17boards must appoint individuals representing large, medium, and
18small school districts and ensure representation for rural and
19urban areas.
20The task force shall submit its findings and
21recommendations, including the comprehensive list of functions
22and services offered and the rationale for each ranking
23assigned to a function or service, in a report to the state
24board of education, the governor, and the general assembly by
25November 17, 2017.
26DIVISION V — OPEN ENROLLMENT — EXTRACURRICULAR ACTIVITY
27FEE. The bill allows a pupil who is participating in open
28enrollment for purposes of online instruction to participate in
29cocurricular and extracurricular activities in the district of
30residence under the same conditions and requirements as pupils
31enrolled in the district of residence.
32The bill permits the school district of residence to deduct
33an activity fee in an amount not to exceed the actual cost
34of providing the activities or 15 percent of the state cost
35per pupil for the previous year, whichever is less, from the
-15-1total amount the school district is required to pay to the
2receiving school district when such a pupil participates in
3any cocurricular or extracurricular activities in the pupil’s
4grade or group that is sponsored by the district of residence.
5The school district must prorate the costs for the pupil’s
6participation in any such activity based on the total number
7of pupils participating.
8DIVISION VI — INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS —
9EXEMPTION. Currently, a nonpublic school may be accredited by
10independent accrediting agencies that are on a list of approved
11independent accrediting agencies maintained by the state
12board of education. The state board must approve a list of
13approved independent accrediting agencies comprised of six or
14more regional or national nonprofit, nongovernmental agencies
15recognized as reliable authorities concerning the quality of
16education offered by a school. Such a school is subject to
17school facility health and safety requirements. The bill
18makes independently accredited nonpublic schools exempt from
19any rules adopted by the state board that are not specifically
20required by the provision. The division takes effect upon
21enactment.
22DIVISION VII — DEPARTMENT OF EDUCATION — BILITERACY SEAL.
23 The bill directs the director of the department of education
24to develop and administer a seal of biliteracy program to
25recognize students graduating from high school who have
26demonstrated proficiency in two or more world languages, one
27of which must be English. Participation in the program by a
28school district, attendance center, or accredited nonpublic
29school shall be voluntary. The department must work with
30stakeholders to identify standardized tests that may be
31utilized to demonstrate proficiency. The seal of biliteracy
32may be a sticker to be affixed to a student’s high school
33transcript, a certificate that may be awarded to the student,
34or other authorized endorsement. The department is required to
35provide seals to a participating school district or school and
-16-1may charge a nominal fee to cover related printing and postage
2charges.
3DIVISION VIII— LIMITATION ON DEPARTMENT OF EDUCATION
4GUIDANCE. The bill defines guidance as any document or
5statement issued by the department of education, the state
6board of education, or the director of the department of
7education that purports to interpret a law, rule, or other
8legal authority and is designed to provide advice or direction
9regarding the implementation of or compliance with a law, rule,
10or other legal authority.
11The department, the state board, and the director are
12prohibited from issuing guidance that imposes a legal
13obligation or duty on a person unless the obligation or duty
14is required or reasonably implied by law, rule, or other legal
15authority. Guidance issued in violation of the prohibition
16is not legally binding. This provision does not apply to
17administrative rules, declaratory orders, a document or
18statement required by federal law or a court, or a document or
19statement issued in the course of an administrative or judicial
20proceeding to which the department, the state board, or the
21director is a party.
22The division takes effect upon enactment.
-17-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 Adopt rules which require that
4educational instruction and course content delivered primarily
5over the internet be aligned with the Iowa core standards as
6applicable. Under such rules, a school district may develop
7and offer to students enrolled in the district educational
8instruction and course content for delivery primarily over the
9internet. A school district providing educational instruction
10and course content that are delivered primarily over the
11internet pursuant to this paragraph “c” shall annually submit
12to the department, in the manner prescribed by the department,
13data that includes but is not limited to the following:
14(a) Student achievement and demographic characteristics.
15(b) Retention rates.
16(c) The percentage of enrolled students’ active
17participation in extracurricular activities.
18(d) Academic proficiency levels, consistent with
19requirements applicable to all school districts and accredited
20nonpublic schools in this state.
21(e) Academic growth measures, which shall include either of
22the following:
23(i) Entry and exit assessments in, at a minimum, math
24and English for elementary and middle school students, and
25additional subjects, including science, for high school
26students.
27(ii) State-required assessments that track year-over-year
28improvements in academic proficiency.
29(f) Academic mobility. To facilitate the tracking
30of academic mobility, school districts shall request the
31following information from the parent or guardian of a student
32enrolled in educational instruction and course content that
33are delivered primarily over the internet pursuant to this
34paragraph “c”:
35(i) For a student newly enrolling, the reasons for choosing
-2-1such enrollment.
2(ii) For a student terminating enrollment, the reasons for
3terminating such enrollment.
4(g) Student progress toward graduation. Measurement of
5such progress shall account for specific characteristics of
6each enrolled student, including but not limited to age and
7course credit accrued prior to enrollment in educational
8instruction and course content that are delivered primarily
9over the internet pursuant to this paragraph “c”, and shall be
10consistent with evidence-based best practices.
11(3) The department shall conduct annually a survey of not
12less than ten percent of the total number of students enrolled
13as authorized under this paragraph “c” and section 282.18, to
14determine whether students are enrolled under this paragraph
15“c” and section 282.18 to receive educational instruction and
16course content primarily over the internet or are students who
17are receiving competent private instruction from a licensed
18practitioner provided through a school district pursuant to
19chapter 299A.
20(4) (2) The department shall compile and review the data
21collected pursuant to this paragraph “c” and shall submit its
22findings and recommendations for the continued delivery of
23instruction and course content by school districts pursuant to
24this paragraph “c” over the internet, in a report to the general
25assembly by January 15 annually.
26(5) School districts providing educational instruction and
27course content that are delivered primarily over the internet
28pursuant to this paragraph “c” shall comply with the following
29requirements relating to such instruction and content:
30(a) Monitoring and verifying full-time student enrollment,
31timely completion of graduation requirements, course credit
32accrual, and course completion.
33(b) Monitoring and verifying student progress and
34performance in each course through a school-based assessment
35plan that includes submission of coursework and security and
-3-1validity of testing.
2(c) Conducting parent-teacher conferences.
3(d) Administering assessments required by the state to all
4students in a proctored setting and pursuant to state law.
5 Sec. 4. Section 256.9, subsection 56, Code 2017, is amended
6to read as follows:
756. Develop and establish an online learning program model
8in accordance with rules adopted pursuant to section 256.7,
9subsection 32, paragraph “a”, and in accordance with section
10256.43.
11 Sec. 5. Section 256.41, Code 2017, is amended to read as
12follows:
13256.41 Online learning requirements — legislative findings
14and declarations.
151. The general assembly finds and declares the following:
16a. That prior legislative enactments on the use of
17telecommunications in elementary and secondary school classes
18and courses did not contemplate and were not intended to
19authorize participation in open enrollment under section 282.18
20 for purposes of attending online schools, contracts to provide
21exclusively or predominantly online coursework to students, or
22online coursework that does not use teachers licensed under
23chapter 272 for instruction and supervision.
24b. That online learning technology has moved ahead of Iowa’s
25statutory framework and the current administrative rules of the
26state board, promulgated over twenty years ago, are inadequate
27to regulate today’s virtual opportunities.
28A school district providing educational instruction and
29course content delivered primarily over the internet shall
30do all of the following with regard to such instruction and
31content:
32a. Monitor and verify full-time student enrollment, timely
33completion of graduation requirements, course credit accrual,
34and course completion.
35b. Monitor and verify student progress and performance
-4-1in each course through a school-based assessment plan that
2includes submission of coursework and security and validity of
3testing.
4c. Conduct parent-teacher conferences.
5d. Administer assessments required by the state to all
6students in a proctored setting and pursuant to state law.
72. Online learning curricula shall be provided and
8supervised by a teacher licensed under chapter 272.
9 Sec. 6. Section 256.42, subsection 7, unnumbered paragraph
101, Code 2017, is amended to read as follows:
11The department may waive for one year at its discretion
12 the provisions of section 256.11, subsection 5, which require
13that specified subjects be offered and taught by professional
14staff of a school district or school, if the school district or
15school makes every reasonable and good-faith effort to employ
16a teacher licensed under chapter 272 for such a subject, and
17the school district or school proves to the satisfaction of
18the department that the school district or school is unable to
19employ such a teacher or if fewer than ten students typically
20register for instruction in a specified subject at the school
21district or school. The specified subject shall be provided by
22the initiative. The However, the specified subject may instead
23be provided by the school district or school if all of the
24following conditions are met:
25 Sec. 7. Section 256.42, subsection 8, Code 2017, is amended
26to read as follows:
278. The department shall establish fees payable by school
28districts and accredited nonpublic schools participating in
29the initiative. Fees collected pursuant to this subsection
30are appropriated to the department to be used only for the
31purpose of administering this section and shall be established
32so as not to exceed the budgeted cost of administering this
33section to the extent not covered by the moneys appropriated
34in subsection 9. Providing professional development
35necessary to prepare teachers to participate in the initiative
-5-1shall be considered a cost of administering this section.
2Notwithstanding section 8.33, fees collected by the department
3that remain unencumbered or unobligated at the close of the
4fiscal year shall not revert but shall remain available for
5expenditure for the purpose of expanding coursework offered
6under the initiative in subsequent fiscal years.
7 Sec. 8. Section 256.42, subsection 9, Code 2017, is amended
8by striking the subsection.
9 Sec. 9. Section 256.43, subsection 1, paragraph i, Code
102017, is amended to read as follows:
11i. Criteria for school districts or schools to use when
12choosing providers of online learning to meet the online
13learning program requirements specified in rules adopted
14pursuant to section 256.7, subsection 32, paragraph “a”.
15 Sec. 10. Section 256.43, subsection 2, Code 2017, is amended
16to read as follows:
172. Private providers. At the discretion of the school board
18or authorities in charge of an accredited nonpublic school,
19after consideration of circumstances created by necessity,
20convenience, and cost-effectiveness, courses developed by
21private providers may be utilized by the school district or
22school in implementing a high-quality online learning program.
23Courses obtained from private providers shall be taught by
24teachers licensed under chapter 272. A school district may
25provide courses developed by private providers and delivered
26primarily over the internet to pupils who are participating in
27open enrollment under section 282.18.
28DIVISION II
29CONCURRENT ENROLLMENT — CAREER AND TECHNICAL EXCEPTION TO
30LIMITATION
31 Sec. 11. Section 257.11, subsection 3, paragraph b,
32subparagraph (1), Code 2017, is amended to read as follows:
33(1) Supplementing, not supplanting, high school courses
34required to be offered pursuant to section 256.11, subsection
355, except that up to two courses required under section
-6-1256.11, subsection 5, paragraph “h”, may supplant rather than
2supplement courses required to be offered pursuant to section
3256.11, subsection 5.
4 Sec. 12. Section 261E.3, subsection 3, paragraph g, Code
52017, is amended to read as follows:
6g. The school district shall certify annually to the
7department that the course provided to a high school student
8for postsecondary credit in accordance with this chapter either
9 does not supplant a course provided by the school district
10in which the student is enrolled or does supplant a course
11but meets the requirements of section 257.11, subsection 3,
12paragraph “b”, subparagraph (1).
13DIVISION III
14DENTAL AND VISION AUTHORIZATIONS AND REQUIREMENTS — REPEALS
15 Sec. 13. Section 280.7A, subsections 1 and 2, Code 2017, are
16amended to read as follows:
171. A parent or guardian who registers a child for
18kindergarten or a preschool program shall may be given a
19student vision card provided by the Iowa optometric association
20and as approved by the department of education with a goal
21of every child receiving an eye examination by age seven, as
22needed.
232. School districts may encourage a student to receive an
24eye examination by a licensed ophthalmologist or optometrist
25prior to the student receiving special education services
26pursuant to chapter 256B. The eye examination is not a
27requirement for a student to receive special education
28services. A parent or guardian shall be responsible for
29ensuring that a student receives an eye examination pursuant to
30this section.
31 Sec. 14. REPEAL. Sections 135.17 and 135.39D, Code 2017,
32are repealed.
33 Sec. 15. EFFECTIVE UPON ENACTMENT. This division of this
34Act, being deemed of immediate importance, takes effect upon
35enactment.
-7-1DIVISION IV
2TASK FORCES ON AEA ESSENTIAL SERVICES
3 Sec. 16. TASK FORCE ON THE ESSENTIAL SERVICES OF THE AREA
4EDUCATION AGENCIES.
51. The department of education shall convene a task force
6to identify and review the essential functions and services
7area education agencies are mandated or authorized to provide
8to school districts, accredited nonpublic schools, and other
9persons. The task force shall compile a comprehensive list of
10functions and services, in order of priority ranking, offered
11by the area education agencies. The list shall include a
12brief description of the rationale for the ranking assigned
13each function and service offered. The task force may offer
14recommendations for continuing, modifying, or eliminating
15functions or service areas currently offered.
162. The task force members shall be appointed as follows:
17a. Four individuals representing the department of
18education, including the director of the department of
19education or the director’s designee and three individuals who
20shall be appointed by the director.
21b. Three individuals representing school administrators who
22shall be appointed by the school administrators of Iowa.
23c. Three individuals representing the area education
24agencies who shall be appointed jointly by the area education
25agencies.
26d. Three individuals representing educators who shall be
27appointed by the professional educators of Iowa.
28e. Three individuals representing teachers who shall be
29appointed by the Iowa state education association.
30f. Three individuals representing school board members who
31shall be appointed by the Iowa association of school boards.
32g. Three individuals who shall be appointed by the Iowa
33advocates for choice in education.
343. To the extent practicable, the appointing authorities
35specified in subsection 2, paragraphs “b” through “e”, shall
-8-1appoint individuals representing large, medium, and small
2school districts and ensure representation for rural and urban
3areas.
44. The director of the department of education shall convene
5the initial meeting. The task force shall elect one of its
6members as chairperson. After the initial meeting, the task
7force shall meet at the time and place specified by call of
8the chairperson. The department of education shall provide
9staffing services for the task force.
105. The task force shall submit its findings and
11recommendations, including the comprehensive list of functions
12and services offered and the rationale for each ranking
13assigned to a function or service, in a report to the state
14board of education, the governor, and the general assembly by
15November 17, 2017.
16DIVISION V
17OPEN ENROLLMENT — EXTRACURRICULAR ACTIVITY FEE
18 Sec. 17. Section 282.18, subsection 7, Code 2017, is amended
19to read as follows:
207. a. A pupil participating in open enrollment shall be
21counted, for state school foundation aid purposes, in the
22pupil’s district of residence. A pupil’s residence, for
23purposes of this section, means a residence under section
24282.1.
25b. (1) The board of directors of the district of residence
26shall pay to the receiving district the sum of the state cost
27per pupil for the previous school year plus either the teacher
28leadership supplement state cost per pupil for the previous
29fiscal year as provided in section 257.9 or the teacher
30leadership supplement foundation aid for the previous fiscal
31year as provided in section 284.13, subsection 1, paragraph “e”,
32if both the district of residence and the receiving district
33are receiving such supplements, plus any moneys received for
34the pupil as a result of the non-English speaking weighting
35under section 280.4, subsection 3, for the previous school
-9-1year multiplied by the state cost per pupil for the previous
2year. If the pupil participating in open enrollment is also
3an eligible pupil under section 261E.6, the receiving district
4shall pay the tuition reimbursement amount to an eligible
5postsecondary institution as provided in section 261E.7.
6(2) If a pupil participates in one or more cocurricular
7or extracurricular activities in accordance with subsection
811A, the district of residence may deduct an activity fee from
9the amount calculated in subparagraph (1). In determining the
10amount of the activity fee, the school district shall prorate
11the costs for the pupil’s participation in any cocurricular
12or extracurricular activity based on the total number of
13pupils participating in the activity. The total amount of the
14activity fee as determined for the pupil’s participation in one
15or more activities shall not exceed the lesser of the actual
16costs of providing each activity to the pupil, as prorated, or
17fifteen percent of the state cost per pupil for the previous
18school year.
19 Sec. 18. 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
25cocurricular or extracurricular activities offered to children
26in the pupil’s grade or group and sponsored by the district
27of residence under the same conditions and requirements
28as the pupils enrolled in the district of residence. The
29student shall comply with the eligibility, conduct, and other
30requirements relating to the activity that are established
31by the district of residence for any student who applies to
32participate or who is participating in the activity.
33DIVISION VI
34INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS — EXEMPTION
35 Sec. 19. Section 256.11, subsection 16, paragraph b, Code
-10-12017, is amended to read as follows:
2b. A nonpublic school that participates in the accreditation
3process offered by an independent accrediting agency on
4the approved list published pursuant to paragraph “a” shall
5be deemed to meet the education standards of this section.
6However, such a school shall comply with statutory health
7and safety requirements for school facilities. A nonpublic
8school that is accredited in accordance with this subsection is
9otherwise exempt from any rules adopted by the state board that
10are not specifically required by this subsection.
11 Sec. 20. EFFECTIVE UPON ENACTMENT. This division of this
12Act, being deemed of immediate importance, takes effect upon
13enactment.
14DIVISION VII
15DEPARTMENT OF EDUCATION — BILITERACY SEAL
16 Sec. 21. Section 256.9, Code 2017, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 61. Develop and administer a seal of
19biliteracy program to recognize students graduating from high
20school who have demonstrated proficiency in two or more world
21languages, one of which must be English. Participation in the
22program by a school district, attendance center, or accredited
23nonpublic school shall be voluntary. The department shall work
24with stakeholders to identify standardized tests that may be
25utilized to demonstrate proficiency. The department shall
26produce a seal of biliteracy, which may include but need not
27be limited to a sticker that may be affixed to a student’s
28high school transcript or a certificate that may be awarded to
29the student. A participating school district or school shall
30notify the department of the names of the students who have
31qualified for the seal and the department shall provide the
32school district or school with the appropriate number of seals
33or other authorized endorsement. The department may charge a
34nominal fee to cover printing and postage charges related to
35issuance of the biliteracy seal under this subsection.
-11-1DIVISION VIII
2limitation on department of education guidance
3 Sec. 22. NEW SECTION. 256.9A Limitation on guidance and
4interpretations.
51. For the purposes of this section, “guidance” means a
6document or statement issued by the department, the state
7board, or the director that purports to interpret a law, a
8rule, or other legal authority and is designed to provide
9advice or direction to a person regarding the implementation
10of or compliance with the law, the rule, or the other legal
11authority being interpreted.
122. The department, the state board, or the director shall
13not issue guidance inconsistent with any statute, rule, or
14other legal authority and shall not issue guidance that imposes
15any legally binding obligations or duties upon any person
16unless such legally binding obligations or duties are required
17or reasonably implied by any statute, rule, or other legal
18authority.
193. This section shall not apply to a rule adopted pursuant
20to chapter 17A, a declaratory order issued pursuant to section
2117A.9, a document or statement required by federal law or a
22court, or a document or statement issued in the course of a
23contested case proceeding, an administrative proceeding, or a
24judicial proceeding to which the department, the state board,
25or the director is a party.
264. Guidance issued by the department, the state board, or
27the director in violation of subsection 2 shall not be deemed
28to be legally binding.
29 Sec. 23. EFFECTIVE UPON ENACTMENT. This division of this
30Act, being deemed of immediate importance, takes effect upon
31enactment.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill modifies Code provisions relating to the delivery
-12-1of educational instruction and course content primarily over
2the internet, modifies concurrent enrollment limitations,
3directs the department to convene a task force on the
4essential services of the area education agencies, allows a
5pupil who is participating in open enrollment for purposes
6of online instruction to fully participate in cocurricular
7extracurricular activities in the district of residence,
8exempts independently accredited nonpublic schools from any
9rules adopted by the state board of education that are not
10specifically required by statute, directs the director of the
11department to develop and administer a seal of biliteracy
12program, and limits the authority of the director to interpret
13education laws and rules.
14DIVISION I — ONLINE EDUCATION. The bill eliminates
15provisions requiring that the state board adopt rules
16prohibiting or limiting the open enrollment of students whose
17educational instruction and course content are delivered
18primarily over the internet. The bill requires the state board
19to adopt rules requiring that instruction delivered primarily
20over the internet be aligned with the Iowa core standards as
21applicable. Under such rules, a school district may develop
22and offer to students enrolled in the district instruction
23delivered primarily over the internet. The bill retains
24but relocates language requiring school districts providing
25online instruction to monitor enrollment, timely completion
26of graduation requirements, course credit accrual, and course
27completion; monitor and verify student progress; conduct
28parent-teacher conferences; and administer assessments required
29by the state. The bill authorizes school districts to provide
30courses developed by private providers and delivered primarily
31over the internet to pupils who are participating in open
32enrollment.
33Current law limits to one year the waiver that the department
34may issue to school districts and accredited nonpublic schools
35relating to the educational program that online schools must
-13-1offer and teach. The bill authorizes issuance of a waiver if
2a school district or school typically registers fewer than 10
3students in a specified subject. The bill also strikes the
4one-year limitation on the waiver and provides for departmental
5discretion in issuing such a waiver.
6DIVISION II — CONCURRENT ENROLLMENT — CAREER AND TECHNICAL
7EXCEPTION TO LIMITATION. The bill allows a student attending a
8community college-offered course or attending a course taught
9by a community college-employed instructor under concurrent
10enrollment to be assigned additional weighting for not more
11than two career and technical courses, even if those courses
12supplant courses the school district is required to offer
13and teach under the career and technical educational program
14specified in Code section 256.11(5)(h).
15DIVISION III — DENTAL AND VISION AUTHORIZATIONS AND
16REQUIREMENTS — REPEALS. The bill repeals provisions
17administered by the department of public health that require
18dental and vision screening of children prior to and following
19enrollment in school districts and accredited nonpublic
20schools. Currently, a school district is required to give
21a parent or guardian a student vision card when enrolling a
22child in kindergarten or preschool and the parent or guardian
23is responsible for ensuring that the student receives an eye
24examination. The bill authorizes school districts to give
25the card to a parent or guardian and to encourage students to
26receive an eye examination prior to receiving special education
27services. The bill eliminates a provision making the parent
28or guardian responsible for ensuring the student receives an
29eye examination.
30Division III takes effect upon enactment.
31DIVISION IV — TASK FORCE ON AEA SERVICES. A 22-member
32task force on the essential services of the area education
33agencies (AEAs) is charged with identifying and reviewing
34the essential functions and services AEAs are mandated or
35authorized to provide to school districts, accredited nonpublic
-14-1schools, and other persons. The task force shall compile a
2comprehensive list of functions and services, in order of
3priority ranking, offered by the AEAs. The list shall include
4a brief description of the rationale for each ranking. The
5task force may offer recommendations for continuing, modifying,
6or eliminating functions or service areas currently offered.
7The task force is comprised of four individuals representing
8the department of education, three individuals representing
9school administrators, three individuals representing
10the AEAs, six individuals representing educators, three
11individuals representing school board members, and three
12members representing advocates for choice in education. To
13the extent practicable, the appointing authorities, the school
14administrators of Iowa, AEAs, the professional educators of
15Iowa, the Iowa state education association, the Iowa alliance
16for choice in education, and the Iowa association of school
17boards must appoint individuals representing large, medium, and
18small school districts and ensure representation for rural and
19urban areas.
20The task force shall submit its findings and
21recommendations, including the comprehensive list of functions
22and services offered and the rationale for each ranking
23assigned to a function or service, in a report to the state
24board of education, the governor, and the general assembly by
25November 17, 2017.
26DIVISION V — OPEN ENROLLMENT — EXTRACURRICULAR ACTIVITY
27FEE. The bill allows a pupil who is participating in open
28enrollment for purposes of online instruction to participate in
29cocurricular and extracurricular activities in the district of
30residence under the same conditions and requirements as pupils
31enrolled in the district of residence.
32The bill permits the school district of residence to deduct
33an activity fee in an amount not to exceed the actual cost
34of providing the activities or 15 percent of the state cost
35per pupil for the previous year, whichever is less, from the
-15-1total amount the school district is required to pay to the
2receiving school district when such a pupil participates in
3any cocurricular or extracurricular activities in the pupil’s
4grade or group that is sponsored by the district of residence.
5The school district must prorate the costs for the pupil’s
6participation in any such activity based on the total number
7of pupils participating.
8DIVISION VI — INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS —
9EXEMPTION. Currently, a nonpublic school may be accredited by
10independent accrediting agencies that are on a list of approved
11independent accrediting agencies maintained by the state
12board of education. The state board must approve a list of
13approved independent accrediting agencies comprised of six or
14more regional or national nonprofit, nongovernmental agencies
15recognized as reliable authorities concerning the quality of
16education offered by a school. Such a school is subject to
17school facility health and safety requirements. The bill
18makes independently accredited nonpublic schools exempt from
19any rules adopted by the state board that are not specifically
20required by the provision. The division takes effect upon
21enactment.
22DIVISION VII — DEPARTMENT OF EDUCATION — BILITERACY SEAL.
23 The bill directs the director of the department of education
24to develop and administer a seal of biliteracy program to
25recognize students graduating from high school who have
26demonstrated proficiency in two or more world languages, one
27of which must be English. Participation in the program by a
28school district, attendance center, or accredited nonpublic
29school shall be voluntary. The department must work with
30stakeholders to identify standardized tests that may be
31utilized to demonstrate proficiency. The seal of biliteracy
32may be a sticker to be affixed to a student’s high school
33transcript, a certificate that may be awarded to the student,
34or other authorized endorsement. The department is required to
35provide seals to a participating school district or school and
-16-1may charge a nominal fee to cover related printing and postage
2charges.
3DIVISION VIII— LIMITATION ON DEPARTMENT OF EDUCATION
4GUIDANCE. The bill defines guidance as any document or
5statement issued by the department of education, the state
6board of education, or the director of the department of
7education that purports to interpret a law, rule, or other
8legal authority and is designed to provide advice or direction
9regarding the implementation of or compliance with a law, rule,
10or other legal authority.
11The department, the state board, and the director are
12prohibited from issuing guidance that imposes a legal
13obligation or duty on a person unless the obligation or duty
14is required or reasonably implied by law, rule, or other legal
15authority. Guidance issued in violation of the prohibition
16is not legally binding. This provision does not apply to
17administrative rules, declaratory orders, a document or
18statement required by federal law or a court, or a document or
19statement issued in the course of an administrative or judicial
20proceeding to which the department, the state board, or the
21director is a party.
22The division takes effect upon enactment.
-17-kh/rj