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Senate File 475 - ReprintedA 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 the provisions of
12section 256.11, subsection 5, which require that specified
13subjects be offered and taught by professional staff of a
14school district or school, shall not apply for up to two
15specified subjects at a school district or school under this
16section if the school district or school makes every reasonable
17and good-faith effort to employ a teacher licensed under
18chapter 272 for such a subject, and the school district or
19school proves to the satisfaction of the department that the
20school district or school is unable to employ such a teacher or
21if fewer than ten students typically register for instruction
22in a specified subject at the school district or school. The
23department may waive, at its discretion, additional specified
24subject areas for a school district or school that proves to
25the satisfaction of the department that the school district
26or school has made every reasonable effort, but is unable to
27meet the requirements of section 256.11, subsection 5. The
28specified subject shall be provided by the initiative. The
29 However, the specified subject may instead be provided by the
30school district or school if all of the following conditions
31are met:
32 Sec. 7. Section 256.42, subsection 8, Code 2017, is amended
33to read as follows:
348. The department shall establish fees payable by school
35districts and accredited nonpublic schools participating in
-5-1the initiative. Fees collected pursuant to this subsection
2are appropriated to the department to be used only for the
3purpose of administering this section and shall be established
4so as not to exceed the budgeted cost of administering this
5section to the extent not covered by the moneys appropriated
6in subsection 9. Providing professional development
7necessary to prepare teachers to participate in the initiative
8shall be considered a cost of administering this section.
9Notwithstanding section 8.33, fees collected by the department
10that remain unencumbered or unobligated at the close of the
11fiscal year shall not revert but shall remain available for
12expenditure for the purpose of expanding coursework offered
13under the initiative in subsequent fiscal years.
14 Sec. 8. Section 256.42, subsection 9, Code 2017, is amended
15by striking the subsection.
16 Sec. 9. Section 256.43, subsection 1, paragraph i, Code
172017, is amended to read as follows:
18i. Criteria for school districts or schools to use when
19choosing providers of online learning to meet the online
20learning program requirements specified in rules adopted
21pursuant to section 256.7, subsection 32, paragraph “a”.
22 Sec. 10. Section 256.43, subsection 2, Code 2017, is amended
23to read as follows:
242. Private providers. At the discretion of the school board
25or authorities in charge of an accredited nonpublic school,
26after consideration of circumstances created by necessity,
27convenience, and cost-effectiveness, courses developed by
28private providers may be utilized by the school district or
29school in implementing a high-quality online learning program.
30Courses obtained from private providers shall be taught by
31teachers licensed under chapter 272. A school district may
32provide courses developed by private providers and delivered
33primarily over the internet to pupils who are participating in
34open enrollment under section 282.18.
35DIVISION II
-6-1CONCURRENT ENROLLMENT — CAREER AND TECHNICAL EXCEPTION TO
2LIMITATION
3 Sec. 11. Section 257.11, subsection 3, Code 2017, is amended
4by adding the following new paragraph:
5 NEW PARAGRAPH. c. Notwithstanding paragraph “b”,
6subparagraph (1), a school district that otherwise meets the
7requirements of this subsection may enter into a sharing
8agreement with a community college under which the community
9college may offer, or provide a community college-employed
10instructor to teach, one or more classes in only one of the
11six career and technical education areas specified in section
12256.11, subsection 5, paragraph “h”, and the pupils enrolled
13in such a class shall be assigned additional weighting in
14accordance with this subsection, if the number of pupils
15enrolled in such a class exceeds five and the school district’s
16total enrollment does not exceed six hundred pupils.
17 Sec. 12. Section 261E.3, subsection 3, paragraph g, Code
182017, is amended to read as follows:
19g. The school district shall certify annually to the
20department that the course provided to a high school student
21for postsecondary credit in accordance with this chapter does
22not supplant a course provided by the school district in which
23the student is enrolled, except as provided under section
24257.11, subsection 3, paragraph “c”.
25DIVISION III
26student health working group
27 Sec. 13. STUDENT HEALTH WORKING GROUP.
281. The department of public health and the department
29of education shall convene a student health working group to
30review state-initiated student health requirements, including
31but not limited to requirements relating to dental and vision
32health screenings under sections 135.17 and 135.39D, blood
33lead testing under section 135.105D, and immunizations under
34section 139A.8, and other related requirements imposed on
35public schools. The working group shall study measures
-7-1for implementing such student health screening requirements
2while reducing the administrative burden such requirements
3impose on public schools. The working group shall develop a
4uniform enforcement framework that includes a single method
5for enforcement of the current student health requirements and
6related data collection.
72. Members of the working group shall include two
8representatives of each of the following, appointed by the
9respective entity:
10a. The department of education.
11b. The department of public health.
12c. The Iowa association of school boards.
13d. The school administrators of Iowa.
14e. The Iowa school nurse organization.
15f. The Iowa dental association.
16g. The Iowa optometric association.
17h. The area education agencies.
18i. The Iowa academy of family physicians.
193. a. The working group shall elect a chairperson and vice
20chairperson from the voting members appointed.
21b. A majority of the voting members of the working group
22shall constitute a quorum.
234. The department of public health and the department of
24education shall work cooperatively to provide staffing and
25administrative support to the working group.
265. The working group shall submit its uniform enforcement
27framework, findings, and recommendations to the general
28assembly not later than December 31, 2017.
29DIVISION IV
30TASK FORCES ON AEA ESSENTIAL SERVICES
31 Sec. 14. TASK FORCE ON THE ESSENTIAL SERVICES OF THE AREA
32EDUCATION AGENCIES.
331. The department of education shall convene a task force
34to identify and review the essential functions and services
35area education agencies are mandated or authorized to provide
-8-1to school districts, accredited nonpublic schools, and other
2persons. The task force shall compile a comprehensive list of
3functions and services, in order of priority ranking, offered
4by the area education agencies. The list shall include a
5brief description of the rationale for the ranking assigned
6each function and service offered. The task force may offer
7recommendations for continuing, modifying, or eliminating
8functions or service areas currently offered.
92. The task force members shall be appointed as follows:
10a. Four individuals representing the department of
11education, including the director of the department of
12education or the director’s designee and three individuals who
13shall be appointed by the director.
14b. Three individuals representing school administrators who
15shall be appointed by the school administrators of Iowa.
16c. Three individuals representing the area education
17agencies who shall be appointed jointly by the area education
18agencies.
19d. Three individuals representing educators who shall be
20appointed by the professional educators of Iowa.
21e. Three individuals representing teachers who shall be
22appointed by the Iowa state education association.
23f. Three individuals representing school board members who
24shall be appointed by the Iowa association of school boards.
25g. Three individuals who shall be appointed by the Iowa
26advocates for choice in education.
27h. Four legislative members who shall be appointed as ex
28officio, nonvoting members with one member to be appointed by
29each of the following: the majority leader of the senate,
30the minority leader of the senate, the speaker of the house
31of representatives, and the minority leader of the house of
32representatives.
333. To the extent practicable, the appointing authorities
34specified in subsection 2, paragraphs “b” through “g”, shall
35appoint individuals representing large, medium, and small
-9-1school districts and ensure representation for rural and urban
2areas.
34. The director of the department of education shall convene
4the initial meeting. The task force shall elect one of its
5members as chairperson. After the initial meeting, the task
6force shall meet at the time and place specified by call of
7the chairperson. The department of education shall provide
8staffing services for the task force.
95. The task force shall submit its findings and
10recommendations, including the comprehensive list of functions
11and services offered and the rationale for each ranking
12assigned to a function or service, in a report to the state
13board of education, the governor, and the general assembly by
14November 17, 2017.
15DIVISION V
16OPEN ENROLLMENT — EXTRACURRICULAR ACTIVITY FEE
17 Sec. 15. Section 282.18, subsection 7, Code 2017, is amended
18to read as follows:
197. a. A pupil participating in open enrollment shall be
20counted, for state school foundation aid purposes, in the
21pupil’s district of residence. A pupil’s residence, for
22purposes of this section, means a residence under section
23282.1.
24b. (1) The board of directors of the district of residence
25shall pay to the receiving district the sum of the state cost
26per pupil for the previous school year plus either the teacher
27leadership supplement state cost per pupil for the previous
28fiscal year as provided in section 257.9 or the teacher
29leadership supplement foundation aid for the previous fiscal
30year as provided in section 284.13, subsection 1, paragraph “e”,
31if both the district of residence and the receiving district
32are receiving such supplements, plus any moneys received for
33the pupil as a result of the non-English speaking weighting
34under section 280.4, subsection 3, for the previous school
35year multiplied by the state cost per pupil for the previous
-10-1year. If the pupil participating in open enrollment is also
2an eligible pupil under section 261E.6, the receiving district
3shall pay the tuition reimbursement amount to an eligible
4postsecondary institution as provided in section 261E.7.
5(2) If a pupil participates in cocurricular or
6extracurricular activities in accordance with subsection 11A,
7the district of residence may deduct the prorated amount of
8the cost of the cocurricular or extracurricular activities
9paid from general fund revenue from the amount calculated in
10subparagraph (1). The school district shall not deduct general
11administrative, overhead, or other indirect costs. The total
12amount of such costs deducted in a school year for the pupil
13shall not exceed the lesser of the actual cost of providing
14the cocurricular or extracurricular activities to the pupil or
15fifteen percent of the state cost per pupil for the previous
16school year. The school district of residence may charge
17the pupil a fee for participation in such cocurricular or
18extracurricular activities equivalent to the fee charged to and
19paid in the same manner by other resident pupils.
20 Sec. 16. Section 282.18, Code 2017, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 11A. A pupil participating in open
23enrollment for purposes of receiving educational instruction
24and course content primarily over the internet in accordance
25with section 256.7, subsection 32, may participate in any
26cocurricular or extracurricular activities offered to children
27in the pupil’s grade or group and sponsored by the district
28of residence under the same conditions and requirements
29as the pupils enrolled in the district of residence. The
30student shall comply with the eligibility, conduct, and other
31requirements relating to the activity that are established
32by the district of residence for any student who applies to
33participate or who is participating in the activity.
34DIVISION VI
35DEPARTMENT OF EDUCATION — BILITERACY SEAL
-11-1 Sec. 17. Section 256.9, Code 2017, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 61. Develop and administer a seal of
4biliteracy program to recognize students graduating from high
5school who have demonstrated proficiency in two or more world
6languages, one of which must be English. Participation in the
7program by a school district, attendance center, or accredited
8nonpublic school shall be voluntary. The department shall work
9with stakeholders to identify standardized tests that may be
10utilized to demonstrate proficiency. The department shall
11produce a seal of biliteracy, which may include but need not
12be limited to a sticker that may be affixed to a student’s
13high school transcript or a certificate that may be awarded to
14the student. A participating school district or school shall
15notify the department of the names of the students who have
16qualified for the seal and the department shall provide the
17school district or school with the appropriate number of seals
18or other authorized endorsement. The department may charge a
19nominal fee to cover printing and postage charges related to
20issuance of the biliteracy seal under this subsection.
21DIVISION VII
22limitation on department of education guidance
23 Sec. 18. NEW SECTION. 256.9A Limitation on guidance and
24interpretations.
251. For the purposes of this section, “guidance” means a
26document or statement issued by the department, the state
27board, or the director that purports to interpret a law, a
28rule, or other legal authority and is designed to provide
29advice or direction to a person regarding the implementation
30of or compliance with the law, the rule, or the other legal
31authority being interpreted.
322. The department, the state board, or the director shall
33not issue guidance inconsistent with any statute, rule, or
34other legal authority and shall not issue guidance that imposes
35any legally binding obligations or duties upon any person
-12-1unless such legally binding obligations or duties are required
2or reasonably implied by any statute, rule, or other legal
3authority.
43. This section shall not apply to a rule adopted pursuant
5to chapter 17A, a declaratory order issued pursuant to section
617A.9, a document or statement required by federal law or a
7court, or a document or statement issued in the course of a
8contested case proceeding, an administrative proceeding, or a
9judicial proceeding to which the department, the state board,
10or the director is a party.
114. Guidance issued by the department, the state board, or
12the director in violation of subsection 2 shall not be deemed
13to be legally binding.
14 Sec. 19. EFFECTIVE UPON ENACTMENT. This division of this
15Act, being deemed of immediate importance, takes effect upon
16enactment.
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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 the provisions of
12section 256.11, subsection 5, which require that specified
13subjects be offered and taught by professional staff of a
14school district or school, shall not apply for up to two
15specified subjects at a school district or school under this
16section if the school district or school makes every reasonable
17and good-faith effort to employ a teacher licensed under
18chapter 272 for such a subject, and the school district or
19school proves to the satisfaction of the department that the
20school district or school is unable to employ such a teacher or
21if fewer than ten students typically register for instruction
22in a specified subject at the school district or school. The
23department may waive, at its discretion, additional specified
24subject areas for a school district or school that proves to
25the satisfaction of the department that the school district
26or school has made every reasonable effort, but is unable to
27meet the requirements of section 256.11, subsection 5. The
28specified subject shall be provided by the initiative. The
29 However, the specified subject may instead be provided by the
30school district or school if all of the following conditions
31are met:
32 Sec. 7. Section 256.42, subsection 8, Code 2017, is amended
33to read as follows:
348. The department shall establish fees payable by school
35districts and accredited nonpublic schools participating in
-5-1the initiative. Fees collected pursuant to this subsection
2are appropriated to the department to be used only for the
3purpose of administering this section and shall be established
4so as not to exceed the budgeted cost of administering this
5section to the extent not covered by the moneys appropriated
6in subsection 9. Providing professional development
7necessary to prepare teachers to participate in the initiative
8shall be considered a cost of administering this section.
9Notwithstanding section 8.33, fees collected by the department
10that remain unencumbered or unobligated at the close of the
11fiscal year shall not revert but shall remain available for
12expenditure for the purpose of expanding coursework offered
13under the initiative in subsequent fiscal years.
14 Sec. 8. Section 256.42, subsection 9, Code 2017, is amended
15by striking the subsection.
16 Sec. 9. Section 256.43, subsection 1, paragraph i, Code
172017, is amended to read as follows:
18i. Criteria for school districts or schools to use when
19choosing providers of online learning to meet the online
20learning program requirements specified in rules adopted
21pursuant to section 256.7, subsection 32, paragraph “a”.
22 Sec. 10. Section 256.43, subsection 2, Code 2017, is amended
23to read as follows:
242. Private providers. At the discretion of the school board
25or authorities in charge of an accredited nonpublic school,
26after consideration of circumstances created by necessity,
27convenience, and cost-effectiveness, courses developed by
28private providers may be utilized by the school district or
29school in implementing a high-quality online learning program.
30Courses obtained from private providers shall be taught by
31teachers licensed under chapter 272. A school district may
32provide courses developed by private providers and delivered
33primarily over the internet to pupils who are participating in
34open enrollment under section 282.18.
35DIVISION II
-6-1CONCURRENT ENROLLMENT — CAREER AND TECHNICAL EXCEPTION TO
2LIMITATION
3 Sec. 11. Section 257.11, subsection 3, Code 2017, is amended
4by adding the following new paragraph:
5 NEW PARAGRAPH. c. Notwithstanding paragraph “b”,
6subparagraph (1), a school district that otherwise meets the
7requirements of this subsection may enter into a sharing
8agreement with a community college under which the community
9college may offer, or provide a community college-employed
10instructor to teach, one or more classes in only one of the
11six career and technical education areas specified in section
12256.11, subsection 5, paragraph “h”, and the pupils enrolled
13in such a class shall be assigned additional weighting in
14accordance with this subsection, if the number of pupils
15enrolled in such a class exceeds five and the school district’s
16total enrollment does not exceed six hundred pupils.
17 Sec. 12. Section 261E.3, subsection 3, paragraph g, Code
182017, is amended to read as follows:
19g. The school district shall certify annually to the
20department that the course provided to a high school student
21for postsecondary credit in accordance with this chapter does
22not supplant a course provided by the school district in which
23the student is enrolled, except as provided under section
24257.11, subsection 3, paragraph “c”.
25DIVISION III
26student health working group
27 Sec. 13. STUDENT HEALTH WORKING GROUP.
281. The department of public health and the department
29of education shall convene a student health working group to
30review state-initiated student health requirements, including
31but not limited to requirements relating to dental and vision
32health screenings under sections 135.17 and 135.39D, blood
33lead testing under section 135.105D, and immunizations under
34section 139A.8, and other related requirements imposed on
35public schools. The working group shall study measures
-7-1for implementing such student health screening requirements
2while reducing the administrative burden such requirements
3impose on public schools. The working group shall develop a
4uniform enforcement framework that includes a single method
5for enforcement of the current student health requirements and
6related data collection.
72. Members of the working group shall include two
8representatives of each of the following, appointed by the
9respective entity:
10a. The department of education.
11b. The department of public health.
12c. The Iowa association of school boards.
13d. The school administrators of Iowa.
14e. The Iowa school nurse organization.
15f. The Iowa dental association.
16g. The Iowa optometric association.
17h. The area education agencies.
18i. The Iowa academy of family physicians.
193. a. The working group shall elect a chairperson and vice
20chairperson from the voting members appointed.
21b. A majority of the voting members of the working group
22shall constitute a quorum.
234. The department of public health and the department of
24education shall work cooperatively to provide staffing and
25administrative support to the working group.
265. The working group shall submit its uniform enforcement
27framework, findings, and recommendations to the general
28assembly not later than December 31, 2017.
29DIVISION IV
30TASK FORCES ON AEA ESSENTIAL SERVICES
31 Sec. 14. TASK FORCE ON THE ESSENTIAL SERVICES OF THE AREA
32EDUCATION AGENCIES.
331. The department of education shall convene a task force
34to identify and review the essential functions and services
35area education agencies are mandated or authorized to provide
-8-1to school districts, accredited nonpublic schools, and other
2persons. The task force shall compile a comprehensive list of
3functions and services, in order of priority ranking, offered
4by the area education agencies. The list shall include a
5brief description of the rationale for the ranking assigned
6each function and service offered. The task force may offer
7recommendations for continuing, modifying, or eliminating
8functions or service areas currently offered.
92. The task force members shall be appointed as follows:
10a. Four individuals representing the department of
11education, including the director of the department of
12education or the director’s designee and three individuals who
13shall be appointed by the director.
14b. Three individuals representing school administrators who
15shall be appointed by the school administrators of Iowa.
16c. Three individuals representing the area education
17agencies who shall be appointed jointly by the area education
18agencies.
19d. Three individuals representing educators who shall be
20appointed by the professional educators of Iowa.
21e. Three individuals representing teachers who shall be
22appointed by the Iowa state education association.
23f. Three individuals representing school board members who
24shall be appointed by the Iowa association of school boards.
25g. Three individuals who shall be appointed by the Iowa
26advocates for choice in education.
27h. Four legislative members who shall be appointed as ex
28officio, nonvoting members with one member to be appointed by
29each of the following: the majority leader of the senate,
30the minority leader of the senate, the speaker of the house
31of representatives, and the minority leader of the house of
32representatives.
333. To the extent practicable, the appointing authorities
34specified in subsection 2, paragraphs “b” through “g”, shall
35appoint individuals representing large, medium, and small
-9-1school districts and ensure representation for rural and urban
2areas.
34. The director of the department of education shall convene
4the initial meeting. The task force shall elect one of its
5members as chairperson. After the initial meeting, the task
6force shall meet at the time and place specified by call of
7the chairperson. The department of education shall provide
8staffing services for the task force.
95. The task force shall submit its findings and
10recommendations, including the comprehensive list of functions
11and services offered and the rationale for each ranking
12assigned to a function or service, in a report to the state
13board of education, the governor, and the general assembly by
14November 17, 2017.
15DIVISION V
16OPEN ENROLLMENT — EXTRACURRICULAR ACTIVITY FEE
17 Sec. 15. Section 282.18, subsection 7, Code 2017, is amended
18to read as follows:
197. a. A pupil participating in open enrollment shall be
20counted, for state school foundation aid purposes, in the
21pupil’s district of residence. A pupil’s residence, for
22purposes of this section, means a residence under section
23282.1.
24b. (1) The board of directors of the district of residence
25shall pay to the receiving district the sum of the state cost
26per pupil for the previous school year plus either the teacher
27leadership supplement state cost per pupil for the previous
28fiscal year as provided in section 257.9 or the teacher
29leadership supplement foundation aid for the previous fiscal
30year as provided in section 284.13, subsection 1, paragraph “e”,
31if both the district of residence and the receiving district
32are receiving such supplements, plus any moneys received for
33the pupil as a result of the non-English speaking weighting
34under section 280.4, subsection 3, for the previous school
35year multiplied by the state cost per pupil for the previous
-10-1year. If the pupil participating in open enrollment is also
2an eligible pupil under section 261E.6, the receiving district
3shall pay the tuition reimbursement amount to an eligible
4postsecondary institution as provided in section 261E.7.
5(2) If a pupil participates in cocurricular or
6extracurricular activities in accordance with subsection 11A,
7the district of residence may deduct the prorated amount of
8the cost of the cocurricular or extracurricular activities
9paid from general fund revenue from the amount calculated in
10subparagraph (1). The school district shall not deduct general
11administrative, overhead, or other indirect costs. The total
12amount of such costs deducted in a school year for the pupil
13shall not exceed the lesser of the actual cost of providing
14the cocurricular or extracurricular activities to the pupil or
15fifteen percent of the state cost per pupil for the previous
16school year. The school district of residence may charge
17the pupil a fee for participation in such cocurricular or
18extracurricular activities equivalent to the fee charged to and
19paid in the same manner by other resident pupils.
20 Sec. 16. Section 282.18, Code 2017, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 11A. A pupil participating in open
23enrollment for purposes of receiving educational instruction
24and course content primarily over the internet in accordance
25with section 256.7, subsection 32, may participate in any
26cocurricular or extracurricular activities offered to children
27in the pupil’s grade or group and sponsored by the district
28of residence under the same conditions and requirements
29as the pupils enrolled in the district of residence. The
30student shall comply with the eligibility, conduct, and other
31requirements relating to the activity that are established
32by the district of residence for any student who applies to
33participate or who is participating in the activity.
34DIVISION VI
35DEPARTMENT OF EDUCATION — BILITERACY SEAL
-11-1 Sec. 17. Section 256.9, Code 2017, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 61. Develop and administer a seal of
4biliteracy program to recognize students graduating from high
5school who have demonstrated proficiency in two or more world
6languages, one of which must be English. Participation in the
7program by a school district, attendance center, or accredited
8nonpublic school shall be voluntary. The department shall work
9with stakeholders to identify standardized tests that may be
10utilized to demonstrate proficiency. The department shall
11produce a seal of biliteracy, which may include but need not
12be limited to a sticker that may be affixed to a student’s
13high school transcript or a certificate that may be awarded to
14the student. A participating school district or school shall
15notify the department of the names of the students who have
16qualified for the seal and the department shall provide the
17school district or school with the appropriate number of seals
18or other authorized endorsement. The department may charge a
19nominal fee to cover printing and postage charges related to
20issuance of the biliteracy seal under this subsection.
21DIVISION VII
22limitation on department of education guidance
23 Sec. 18. NEW SECTION. 256.9A Limitation on guidance and
24interpretations.
251. For the purposes of this section, “guidance” means a
26document or statement issued by the department, the state
27board, or the director that purports to interpret a law, a
28rule, or other legal authority and is designed to provide
29advice or direction to a person regarding the implementation
30of or compliance with the law, the rule, or the other legal
31authority being interpreted.
322. The department, the state board, or the director shall
33not issue guidance inconsistent with any statute, rule, or
34other legal authority and shall not issue guidance that imposes
35any legally binding obligations or duties upon any person
-12-1unless such legally binding obligations or duties are required
2or reasonably implied by any statute, rule, or other legal
3authority.
43. This section shall not apply to a rule adopted pursuant
5to chapter 17A, a declaratory order issued pursuant to section
617A.9, a document or statement required by federal law or a
7court, or a document or statement issued in the course of a
8contested case proceeding, an administrative proceeding, or a
9judicial proceeding to which the department, the state board,
10or the director is a party.
114. Guidance issued by the department, the state board, or
12the director in violation of subsection 2 shall not be deemed
13to be legally binding.
14 Sec. 19. EFFECTIVE UPON ENACTMENT. This division of this
15Act, being deemed of immediate importance, takes effect upon
16enactment.
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