Bill Text: IA SF475 | 2017-2018 | 87th General Assembly | Introduced
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Bill Title: A bill for an act relating to educational programs developed or administered by the department or state board of education, school districts, or accredited nonpublic schools, and to school-age children’s health screenings, providing for or relating to fees, and including effective date provisions. (Formerly SSB 1137.) Various effective dates; see sections 19 and 21 of bill.
Spectrum: Committee Bill
Status: (Passed) 2018-04-17 - Signed by Governor. S.J. 959. [SF475 Detail]
Download: Iowa-2017-SF475-Introduced.html
Bill Title: A bill for an act relating to educational programs developed or administered by the department or state board of education, school districts, or accredited nonpublic schools, and to school-age children’s health screenings, providing for or relating to fees, and including effective date provisions. (Formerly SSB 1137.) Various effective dates; see sections 19 and 21 of bill.
Spectrum: Committee Bill
Status: (Passed) 2018-04-17 - Signed by Governor. S.J. 959. [SF475 Detail]
Download: Iowa-2017-SF475-Introduced.html
Senate File 475 - Introduced SENATE FILE BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 1137) A BILL FOR 1 An Act relating to educational programs developed or 2 administered by the department or state board of education, 3 school districts, or accredited nonpublic schools, and to 4 school=age children's health screenings, providing for or 5 relating to fees, and including effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1489SV (5) 87 kh/rj PAG LIN 1 1 DIVISION I 1 2 ONLINE EDUCATION 1 3 Section 1. Section 256.7, subsection 32, paragraph a, Code 1 4 2017, is amended to read as follows: 1 5a.Adopt rules for online learning in accordance with 1 6 sections256.41,256.42,and 256.43, and criteria for waivers 1 7 granted pursuant to section 256.42. 1 8 Sec. 2. Section 256.7, subsection 32, paragraph b, Code 1 9 2017, is amended by striking the paragraph. 1 10 Sec. 3. Section 256.7, subsection 32, paragraph c, Code 1 11 2017, is amended to read as follows: 1 12 c.Adopt rules that limit the statewide enrollment of 1 13 pupils in educational instruction and course content that are 1 14 delivered primarily over the internet to not more than eighteen 1 15 one=hundredths of one percent of the statewide enrollment of 1 16 all pupils, and that limit the number of pupils participating 1 17 in open enrollment for purposes of receiving educational 1 18 instruction and course content that are delivered primarily 1 19 over the internet to no more than one percent of a sending 1 20 district's enrollment. Such limitations shall not apply if 1 21 the limitations would prevent siblings from enrolling in the 1 22 same school district or if a sending district determines that 1 23 the educational needs of a physically or emotionally fragile 1 24 student would be best served by educational instruction and 1 25 course content that are delivered primarily over the internet. 1 26 Students who meet the requirements of section 282.18 may 1 27 participate in open enrollment under this paragraph "c" for 1 28 purposes of enrolling only in the CAM community school district 1 29 or the Clayton Ridge community school district.1 30 (1)The department, in collaboration with the international 1 31 association for K=12 online learning, shall annually collect 1 32 data on student performance in educational instruction and 1 33 course content that are delivered primarily over the internet 1 34 pursuant to this paragraph "c". The department shall include 1 35 such data in its annual report to the general assembly pursuant 2 1 to subparagraph (4) and shall post the data on the department's 2 2 internet site.2 3(2)School districtsAdopt rules which require that 2 4 educational instruction and course content delivered primarily 2 5 over the internet be aligned with the Iowa core standards as 2 6 applicable. Under such rules, a school district may develop 2 7 and offer to students enrolled in the district educational 2 8 instruction and course content for delivery primarily over the 2 9 internet. A school district providing educational instruction 2 10 and course content that are delivered primarily over the 2 11 internetpursuant to this paragraph "c"shall annually submit 2 12 to the department, in the manner prescribed by the department, 2 13 data that includes but is not limited to the following: 2 14 (a) Student achievement and demographic characteristics. 2 15 (b) Retention rates. 2 16 (c) The percentage of enrolled students' active 2 17 participation in extracurricular activities. 2 18 (d) Academic proficiency levels, consistent with 2 19 requirements applicable to all school districts and accredited 2 20 nonpublic schools in this state. 2 21 (e) Academic growth measures, which shall include either of 2 22 the following: 2 23 (i) Entry and exit assessments in, at a minimum, math 2 24 and English for elementary and middle school students, and 2 25 additional subjects, including science, for high school 2 26 students. 2 27 (ii) State=required assessments that track year=over=year 2 28 improvements in academic proficiency. 2 29 (f) Academic mobility. To facilitate the tracking 2 30 of academic mobility, school districts shall request the 2 31 following information from the parent or guardian of a student 2 32 enrolled in educational instruction and course content that 2 33 are delivered primarily over the internetpursuant to this 2 34 paragraph "c": 2 35 (i) For a student newly enrolling, the reasons for choosing 3 1 such enrollment. 3 2 (ii) For a student terminating enrollment, the reasons for 3 3 terminating such enrollment. 3 4 (g) Student progress toward graduation. Measurement of 3 5 such progress shall account for specific characteristics of 3 6 each enrolled student, including but not limited to age and 3 7 course credit accrued prior to enrollment in educational 3 8 instruction and course content that are delivered primarily 3 9 over the internetpursuant to this paragraph "c", and shall be 3 10 consistent with evidence=based best practices. 3 11(3) The department shall conduct annually a survey of not 3 12 less than ten percent of the total number of students enrolled 3 13 as authorized under this paragraph "c" and section 282.18, to 3 14 determine whether students are enrolled under this paragraph 3 15 "c" and section 282.18 to receive educational instruction and 3 16 course content primarily over the internet or are students who 3 17 are receiving competent private instruction from a licensed 3 18 practitioner provided through a school district pursuant to 3 19 chapter 299A.3 20(4)(2) The department shall compile and review the data 3 21 collected pursuant to this paragraph "c" and shall submit its 3 22 findings and recommendations for the continued delivery of 3 23 instruction and course content by school districtspursuant to 3 24 this paragraph "c"over the internet, in a report to the general 3 25 assembly by January 15 annually. 3 26(5) School districts providing educational instruction and 3 27 course content that are delivered primarily over the internet 3 28 pursuant to this paragraph "c" shall comply with the following 3 29 requirements relating to such instruction and content:3 30(a) Monitoring and verifying full=time student enrollment, 3 31 timely completion of graduation requirements, course credit 3 32 accrual, and course completion.3 33(b) Monitoring and verifying student progress and 3 34 performance in each course through a school=based assessment 3 35 plan that includes submission of coursework and security and 4 1 validity of testing.4 2(c) Conducting parent=teacher conferences.4 3(d) Administering assessments required by the state to all 4 4 students in a proctored setting and pursuant to state law.4 5 Sec. 4. Section 256.9, subsection 56, Code 2017, is amended 4 6 to read as follows: 4 7 56. Develop and establish an online learning program model 4 8 in accordance with rules adopted pursuant to section 256.7, 4 9 subsection 32,paragraph "a",and in accordance with section 4 10 256.43. 4 11 Sec. 5. Section 256.41, Code 2017, is amended to read as 4 12 follows: 4 13 256.41 Online learning requirements==== legislative findings 4 14 and declarations. 4 15 1.The general assembly finds and declares the following:4 16a. That prior legislative enactments on the use of 4 17 telecommunications in elementary and secondary school classes 4 18 and courses did not contemplate and were not intended to 4 19 authorize participation in open enrollment under section 282.18 4 20 for purposes of attending online schools, contracts to provide 4 21 exclusively or predominantly online coursework to students, or 4 22 online coursework that does not use teachers licensed under 4 23 chapter 272 for instruction and supervision.4 24b. That online learning technology has moved ahead of Iowa's 4 25 statutory framework and the current administrative rules of the 4 26 state board, promulgated over twenty years ago, are inadequate 4 27 to regulate today's virtual opportunities.4 28 A school district providing educational instruction and 4 29 course content delivered primarily over the internet shall 4 30 do all of the following with regard to such instruction and 4 31 content: 4 32 a. Monitor and verify full=time student enrollment, timely 4 33 completion of graduation requirements, course credit accrual, 4 34 and course completion. 4 35 b. Monitor and verify student progress and performance 5 1 in each course through a school=based assessment plan that 5 2 includes submission of coursework and security and validity of 5 3 testing. 5 4 c. Conduct parent=teacher conferences. 5 5 d. Administer assessments required by the state to all 5 6 students in a proctored setting and pursuant to state law. 5 7 2. Online learning curricula shall be provided and 5 8 supervised by a teacher licensed under chapter 272. 5 9 Sec. 6. Section 256.42, subsection 7, unnumbered paragraph 5 10 1, Code 2017, is amended to read as follows: 5 11 The department may waivefor one yearat its discretion 5 12 the provisions of section 256.11, subsection 5, which require 5 13 that specified subjects be offered and taught by professional 5 14 staff of a school district or school, if the school district or 5 15 school makes every reasonable and good=faith effort to employ 5 16 a teacher licensed under chapter 272 for such a subject,and 5 17 the school district or school proves to the satisfaction of 5 18 the department that the school district or school is unable to 5 19 employ such a teacher or if fewer than ten students typically 5 20 register for instruction in a specified subject at the school 5 21 district or school. The specified subject shall be provided by 5 22 the initiative.TheHowever, the specified subject may instead 5 23 be provided by the school district or school if all of the 5 24 following conditions are met: 5 25 Sec. 7. Section 256.42, subsection 8, Code 2017, is amended 5 26 to read as follows: 5 27 8. The department shall establish fees payable by school 5 28 districts and accredited nonpublic schools participating in 5 29 the initiative. Fees collected pursuant to this subsection 5 30 are appropriated to the department to be used only for the 5 31 purpose of administering this section and shall be established 5 32 so as not to exceed the budgeted cost of administering this 5 33 sectionto the extent not covered by the moneys appropriated 5 34 in subsection 9. Providing professional development 5 35 necessary to prepare teachers to participate in the initiative 6 1 shall be considered a cost of administering this section. 6 2 Notwithstanding section 8.33, fees collected by the department 6 3 that remain unencumbered or unobligated at the close of the 6 4 fiscal year shall not revert but shall remain available for 6 5 expenditure for the purpose of expanding coursework offered 6 6 under the initiative in subsequent fiscal years. 6 7 Sec. 8. Section 256.42, subsection 9, Code 2017, is amended 6 8 by striking the subsection. 6 9 Sec. 9. Section 256.43, subsection 1, paragraph i, Code 6 10 2017, is amended to read as follows: 6 11 i. Criteria for school districts or schools to use when 6 12 choosing providers of online learning to meet the online 6 13 learning program requirements specified in rules adopted 6 14 pursuant to section 256.7, subsection 32, paragraph "a". 6 15 Sec. 10. Section 256.43, subsection 2, Code 2017, is amended 6 16 to read as follows: 6 17 2. Private providers. At the discretion of the school board 6 18 or authorities in charge of an accredited nonpublic school, 6 19 after consideration of circumstances created by necessity, 6 20 convenience, and cost=effectiveness, courses developed by 6 21 private providers may be utilized by the school district or 6 22 school in implementing a high=quality online learning program. 6 23 Courses obtained from private providers shall be taught by 6 24 teachers licensed under chapter 272. A school district may 6 25 provide courses developed by private providers and delivered 6 26 primarily over the internet to pupils who are participating in 6 27 open enrollment under section 282.18. 6 28 DIVISION II 6 29 CONCURRENT ENROLLMENT ==== CAREER AND TECHNICAL EXCEPTION TO 6 30 LIMITATION 6 31 Sec. 11. Section 257.11, subsection 3, paragraph b, 6 32 subparagraph (1), Code 2017, is amended to read as follows: 6 33 (1) Supplementing, not supplanting, high school courses 6 34 required to be offered pursuant to section 256.11, subsection 6 35 5, except that up to two courses required under section 7 1 256.11, subsection 5, paragraph "h", may supplant rather than 7 2 supplement courses required to be offered pursuant to section 7 3 256.11, subsection 5. 7 4 Sec. 12. Section 261E.3, subsection 3, paragraph g, Code 7 5 2017, is amended to read as follows: 7 6 g. The school district shall certify annually to the 7 7 department that the course provided to a high school student 7 8 for postsecondary credit in accordance with this chapter either 7 9 does not supplant a course provided by the school district 7 10 in which the student is enrolled or does supplant a course 7 11 but meets the requirements of section 257.11, subsection 3, 7 12 paragraph "b", subparagraph (1). 7 13 DIVISION III 7 14 DENTAL AND VISION AUTHORIZATIONS AND REQUIREMENTS == REPEALS 7 15 Sec. 13. Section 280.7A, subsections 1 and 2, Code 2017, are 7 16 amended to read as follows: 7 17 1. A parent or guardian who registers a child for 7 18 kindergarten or a preschool programshallmay be given a 7 19 student vision card provided by the Iowa optometric association 7 20 and as approved by the department of education with a goal 7 21 of every child receiving an eye examination by age seven, as 7 22 needed. 7 23 2. School districts may encourage a student to receive an 7 24 eye examination by a licensed ophthalmologist or optometrist 7 25 prior to the student receiving special education services 7 26 pursuant to chapter 256B. The eye examination is not a 7 27 requirement for a student to receive special education 7 28 services.A parent or guardian shall be responsible for 7 29 ensuring that a student receives an eye examination pursuant to 7 30 this section.7 31 Sec. 14. REPEAL. Sections 135.17 and 135.39D, Code 2017, 7 32 are repealed. 7 33 Sec. 15. EFFECTIVE UPON ENACTMENT. This division of this 7 34 Act, being deemed of immediate importance, takes effect upon 7 35 enactment. 8 1 DIVISION IV 8 2 TASK FORCES ON AEA ESSENTIAL SERVICES 8 3 Sec. 16. TASK FORCE ON THE ESSENTIAL SERVICES OF THE AREA 8 4 EDUCATION AGENCIES. 8 5 1. The department of education shall convene a task force 8 6 to identify and review the essential functions and services 8 7 area education agencies are mandated or authorized to provide 8 8 to school districts, accredited nonpublic schools, and other 8 9 persons. The task force shall compile a comprehensive list of 8 10 functions and services, in order of priority ranking, offered 8 11 by the area education agencies. The list shall include a 8 12 brief description of the rationale for the ranking assigned 8 13 each function and service offered. The task force may offer 8 14 recommendations for continuing, modifying, or eliminating 8 15 functions or service areas currently offered. 8 16 2. The task force members shall be appointed as follows: 8 17 a. Four individuals representing the department of 8 18 education, including the director of the department of 8 19 education or the director's designee and three individuals who 8 20 shall be appointed by the director. 8 21 b. Three individuals representing school administrators who 8 22 shall be appointed by the school administrators of Iowa. 8 23 c. Three individuals representing the area education 8 24 agencies who shall be appointed jointly by the area education 8 25 agencies. 8 26 d. Three individuals representing educators who shall be 8 27 appointed by the professional educators of Iowa. 8 28 e. Three individuals representing teachers who shall be 8 29 appointed by the Iowa state education association. 8 30 f. Three individuals representing school board members who 8 31 shall be appointed by the Iowa association of school boards. 8 32 g. Three individuals who shall be appointed by the Iowa 8 33 advocates for choice in education. 8 34 3. To the extent practicable, the appointing authorities 8 35 specified in subsection 2, paragraphs "b" through "e", shall 9 1 appoint individuals representing large, medium, and small 9 2 school districts and ensure representation for rural and urban 9 3 areas. 9 4 4. The director of the department of education shall convene 9 5 the initial meeting. The task force shall elect one of its 9 6 members as chairperson. After the initial meeting, the task 9 7 force shall meet at the time and place specified by call of 9 8 the chairperson. The department of education shall provide 9 9 staffing services for the task force. 9 10 5. The task force shall submit its findings and 9 11 recommendations, including the comprehensive list of functions 9 12 and services offered and the rationale for each ranking 9 13 assigned to a function or service, in a report to the state 9 14 board of education, the governor, and the general assembly by 9 15 November 17, 2017. 9 16 DIVISION V 9 17 OPEN ENROLLMENT ==== EXTRACURRICULAR ACTIVITY FEE 9 18 Sec. 17. Section 282.18, subsection 7, Code 2017, is amended 9 19 to read as follows: 9 20 7. a. A pupil participating in open enrollment shall be 9 21 counted, for state school foundation aid purposes, in the 9 22 pupil's district of residence. A pupil's residence, for 9 23 purposes of this section, means a residence under section 9 24 282.1. 9 25 b. (1) The board of directors of the district of residence 9 26 shall pay to the receiving district the sum of the state cost 9 27 per pupil for the previous school year plus either the teacher 9 28 leadership supplement state cost per pupil for the previous 9 29 fiscal year as provided in section 257.9 or the teacher 9 30 leadership supplement foundation aid for the previous fiscal 9 31 year as provided in section 284.13, subsection 1, paragraph "e", 9 32 if both the district of residence and the receiving district 9 33 are receiving such supplements, plus any moneys received for 9 34 the pupil as a result of the non=English speaking weighting 9 35 under section 280.4, subsection 3, for the previous school 10 1 year multiplied by the state cost per pupil for the previous 10 2 year. If the pupil participating in open enrollment is also 10 3 an eligible pupil under section 261E.6, the receiving district 10 4 shall pay the tuition reimbursement amount to an eligible 10 5 postsecondary institution as provided in section 261E.7. 10 6 (2) If a pupil participates in one or more cocurricular 10 7 or extracurricular activities in accordance with subsection 10 8 11A, the district of residence may deduct an activity fee from 10 9 the amount calculated in subparagraph (1). In determining the 10 10 amount of the activity fee, the school district shall prorate 10 11 the costs for the pupil's participation in any cocurricular 10 12 or extracurricular activity based on the total number of 10 13 pupils participating in the activity. The total amount of the 10 14 activity fee as determined for the pupil's participation in one 10 15 or more activities shall not exceed the lesser of the actual 10 16 costs of providing each activity to the pupil, as prorated, or 10 17 fifteen percent of the state cost per pupil for the previous 10 18 school year. 10 19 Sec. 18. Section 282.18, Code 2017, is amended by adding the 10 20 following new subsection: 10 21 NEW SUBSECTION. 11A. A pupil participating in open 10 22 enrollment for purposes of receiving educational instruction 10 23 and course content primarily over the internet in accordance 10 24 with section 256.7, subsection 32, may participate in any 10 25 cocurricular or extracurricular activities offered to children 10 26 in the pupil's grade or group and sponsored by the district 10 27 of residence under the same conditions and requirements 10 28 as the pupils enrolled in the district of residence. The 10 29 student shall comply with the eligibility, conduct, and other 10 30 requirements relating to the activity that are established 10 31 by the district of residence for any student who applies to 10 32 participate or who is participating in the activity. 10 33 DIVISION VI 10 34 INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS ==== EXEMPTION 10 35 Sec. 19. Section 256.11, subsection 16, paragraph b, Code 11 1 2017, is amended to read as follows: 11 2 b. A nonpublic school that participates in the accreditation 11 3 process offered by an independent accrediting agency on 11 4 the approved list published pursuant to paragraph "a" shall 11 5 be deemed to meet the education standards of this section. 11 6 However, such a school shall comply with statutory health 11 7 and safety requirements for school facilities. A nonpublic 11 8 school that is accredited in accordance with this subsection is 11 9 otherwise exempt from any rules adopted by the state board that 11 10 are not specifically required by this subsection. 11 11 Sec. 20. EFFECTIVE UPON ENACTMENT. This division of this 11 12 Act, being deemed of immediate importance, takes effect upon 11 13 enactment. 11 14 DIVISION VII 11 15 DEPARTMENT OF EDUCATION ==== BILITERACY SEAL 11 16 Sec. 21. Section 256.9, Code 2017, is amended by adding the 11 17 following new subsection: 11 18 NEW SUBSECTION. 61. Develop and administer a seal of 11 19 biliteracy program to recognize students graduating from high 11 20 school who have demonstrated proficiency in two or more world 11 21 languages, one of which must be English. Participation in the 11 22 program by a school district, attendance center, or accredited 11 23 nonpublic school shall be voluntary. The department shall work 11 24 with stakeholders to identify standardized tests that may be 11 25 utilized to demonstrate proficiency. The department shall 11 26 produce a seal of biliteracy, which may include but need not 11 27 be limited to a sticker that may be affixed to a student's 11 28 high school transcript or a certificate that may be awarded to 11 29 the student. A participating school district or school shall 11 30 notify the department of the names of the students who have 11 31 qualified for the seal and the department shall provide the 11 32 school district or school with the appropriate number of seals 11 33 or other authorized endorsement. The department may charge a 11 34 nominal fee to cover printing and postage charges related to 11 35 issuance of the biliteracy seal under this subsection. 12 1 DIVISION VIII 12 2 LIMITATION ON DEPARTMENT OF EDUCATION GUIDANCE 12 3 Sec. 22. NEW SECTION. 256.9A Limitation on guidance and 12 4 interpretations. 12 5 1. For the purposes of this section, "guidance" means a 12 6 document or statement issued by the department, the state 12 7 board, or the director that purports to interpret a law, a 12 8 rule, or other legal authority and is designed to provide 12 9 advice or direction to a person regarding the implementation 12 10 of or compliance with the law, the rule, or the other legal 12 11 authority being interpreted. 12 12 2. The department, the state board, or the director shall 12 13 not issue guidance inconsistent with any statute, rule, or 12 14 other legal authority and shall not issue guidance that imposes 12 15 any legally binding obligations or duties upon any person 12 16 unless such legally binding obligations or duties are required 12 17 or reasonably implied by any statute, rule, or other legal 12 18 authority. 12 19 3. This section shall not apply to a rule adopted pursuant 12 20 to chapter 17A, a declaratory order issued pursuant to section 12 21 17A.9, a document or statement required by federal law or a 12 22 court, or a document or statement issued in the course of a 12 23 contested case proceeding, an administrative proceeding, or a 12 24 judicial proceeding to which the department, the state board, 12 25 or the director is a party. 12 26 4. Guidance issued by the department, the state board, or 12 27 the director in violation of subsection 2 shall not be deemed 12 28 to be legally binding. 12 29 Sec. 23. EFFECTIVE UPON ENACTMENT. This division of this 12 30 Act, being deemed of immediate importance, takes effect upon 12 31 enactment. 12 32 EXPLANATION 12 33 The inclusion of this explanation does not constitute agreement with 12 34 the explanation's substance by the members of the general assembly. 12 35 This bill modifies Code provisions relating to the delivery 13 1 of educational instruction and course content primarily over 13 2 the internet, modifies concurrent enrollment limitations, 13 3 directs the department to convene a task force on the 13 4 essential services of the area education agencies, allows a 13 5 pupil who is participating in open enrollment for purposes 13 6 of online instruction to fully participate in cocurricular 13 7 extracurricular activities in the district of residence, 13 8 exempts independently accredited nonpublic schools from any 13 9 rules adopted by the state board of education that are not 13 10 specifically required by statute, directs the director of the 13 11 department to develop and administer a seal of biliteracy 13 12 program, and limits the authority of the director to interpret 13 13 education laws and rules. 13 14 DIVISION I ==== ONLINE EDUCATION. The bill eliminates 13 15 provisions requiring that the state board adopt rules 13 16 prohibiting or limiting the open enrollment of students whose 13 17 educational instruction and course content are delivered 13 18 primarily over the internet. The bill requires the state board 13 19 to adopt rules requiring that instruction delivered primarily 13 20 over the internet be aligned with the Iowa core standards as 13 21 applicable. Under such rules, a school district may develop 13 22 and offer to students enrolled in the district instruction 13 23 delivered primarily over the internet. The bill retains 13 24 but relocates language requiring school districts providing 13 25 online instruction to monitor enrollment, timely completion 13 26 of graduation requirements, course credit accrual, and course 13 27 completion; monitor and verify student progress; conduct 13 28 parent=teacher conferences; and administer assessments required 13 29 by the state. The bill authorizes school districts to provide 13 30 courses developed by private providers and delivered primarily 13 31 over the internet to pupils who are participating in open 13 32 enrollment. 13 33 Current law limits to one year the waiver that the department 13 34 may issue to school districts and accredited nonpublic schools 13 35 relating to the educational program that online schools must 14 1 offer and teach. The bill authorizes issuance of a waiver if 14 2 a school district or school typically registers fewer than 10 14 3 students in a specified subject. The bill also strikes the 14 4 one=year limitation on the waiver and provides for departmental 14 5 discretion in issuing such a waiver. 14 6 DIVISION II ==== CONCURRENT ENROLLMENT ==== CAREER AND TECHNICAL 14 7 EXCEPTION TO LIMITATION. The bill allows a student attending a 14 8 community college=offered course or attending a course taught 14 9 by a community college=employed instructor under concurrent 14 10 enrollment to be assigned additional weighting for not more 14 11 than two career and technical courses, even if those courses 14 12 supplant courses the school district is required to offer 14 13 and teach under the career and technical educational program 14 14 specified in Code section 256.11(5)(h). 14 15 DIVISION III == DENTAL AND VISION AUTHORIZATIONS AND 14 16 REQUIREMENTS ==== REPEALS. The bill repeals provisions 14 17 administered by the department of public health that require 14 18 dental and vision screening of children prior to and following 14 19 enrollment in school districts and accredited nonpublic 14 20 schools. Currently, a school district is required to give 14 21 a parent or guardian a student vision card when enrolling a 14 22 child in kindergarten or preschool and the parent or guardian 14 23 is responsible for ensuring that the student receives an eye 14 24 examination. The bill authorizes school districts to give 14 25 the card to a parent or guardian and to encourage students to 14 26 receive an eye examination prior to receiving special education 14 27 services. The bill eliminates a provision making the parent 14 28 or guardian responsible for ensuring the student receives an 14 29 eye examination. 14 30 Division III takes effect upon enactment. 14 31 DIVISION IV ==== TASK FORCE ON AEA SERVICES. A 22=member 14 32 task force on the essential services of the area education 14 33 agencies (AEAs) is charged with identifying and reviewing 14 34 the essential functions and services AEAs are mandated or 14 35 authorized to provide to school districts, accredited nonpublic 15 1 schools, and other persons. The task force shall compile a 15 2 comprehensive list of functions and services, in order of 15 3 priority ranking, offered by the AEAs. The list shall include 15 4 a brief description of the rationale for each ranking. The 15 5 task force may offer recommendations for continuing, modifying, 15 6 or eliminating functions or service areas currently offered. 15 7 The task force is comprised of four individuals representing 15 8 the department of education, three individuals representing 15 9 school administrators, three individuals representing 15 10 the AEAs, six individuals representing educators, three 15 11 individuals representing school board members, and three 15 12 members representing advocates for choice in education. To 15 13 the extent practicable, the appointing authorities, the school 15 14 administrators of Iowa, AEAs, the professional educators of 15 15 Iowa, the Iowa state education association, the Iowa alliance 15 16 for choice in education, and the Iowa association of school 15 17 boards must appoint individuals representing large, medium, and 15 18 small school districts and ensure representation for rural and 15 19 urban areas. 15 20 The task force shall submit its findings and 15 21 recommendations, including the comprehensive list of functions 15 22 and services offered and the rationale for each ranking 15 23 assigned to a function or service, in a report to the state 15 24 board of education, the governor, and the general assembly by 15 25 November 17, 2017. 15 26 DIVISION V ==== OPEN ENROLLMENT ==== EXTRACURRICULAR ACTIVITY 15 27 FEE. The bill allows a pupil who is participating in open 15 28 enrollment for purposes of online instruction to participate in 15 29 cocurricular and extracurricular activities in the district of 15 30 residence under the same conditions and requirements as pupils 15 31 enrolled in the district of residence. 15 32 The bill permits the school district of residence to deduct 15 33 an activity fee in an amount not to exceed the actual cost 15 34 of providing the activities or 15 percent of the state cost 15 35 per pupil for the previous year, whichever is less, from the 16 1 total amount the school district is required to pay to the 16 2 receiving school district when such a pupil participates in 16 3 any cocurricular or extracurricular activities in the pupil's 16 4 grade or group that is sponsored by the district of residence. 16 5 The school district must prorate the costs for the pupil's 16 6 participation in any such activity based on the total number 16 7 of pupils participating. 16 8 DIVISION VI ==== INDEPENDENTLY ACCREDITED NONPUBLIC SCHOOLS ==== 16 9 EXEMPTION. Currently, a nonpublic school may be accredited by 16 10 independent accrediting agencies that are on a list of approved 16 11 independent accrediting agencies maintained by the state 16 12 board of education. The state board must approve a list of 16 13 approved independent accrediting agencies comprised of six or 16 14 more regional or national nonprofit, nongovernmental agencies 16 15 recognized as reliable authorities concerning the quality of 16 16 education offered by a school. Such a school is subject to 16 17 school facility health and safety requirements. The bill 16 18 makes independently accredited nonpublic schools exempt from 16 19 any rules adopted by the state board that are not specifically 16 20 required by the provision. The division takes effect upon 16 21 enactment. 16 22 DIVISION VII ==== DEPARTMENT OF EDUCATION ==== BILITERACY SEAL. 16 23 The bill directs the director of the department of education 16 24 to develop and administer a seal of biliteracy program to 16 25 recognize students graduating from high school who have 16 26 demonstrated proficiency in two or more world languages, one 16 27 of which must be English. Participation in the program by a 16 28 school district, attendance center, or accredited nonpublic 16 29 school shall be voluntary. The department must work with 16 30 stakeholders to identify standardized tests that may be 16 31 utilized to demonstrate proficiency. The seal of biliteracy 16 32 may be a sticker to be affixed to a student's high school 16 33 transcript, a certificate that may be awarded to the student, 16 34 or other authorized endorsement. The department is required to 16 35 provide seals to a participating school district or school and 17 1 may charge a nominal fee to cover related printing and postage 17 2 charges. 17 3 DIVISION VIII==== LIMITATION ON DEPARTMENT OF EDUCATION 17 4 GUIDANCE. The bill defines guidance as any document or 17 5 statement issued by the department of education, the state 17 6 board of education, or the director of the department of 17 7 education that purports to interpret a law, rule, or other 17 8 legal authority and is designed to provide advice or direction 17 9 regarding the implementation of or compliance with a law, rule, 17 10 or other legal authority. 17 11 The department, the state board, and the director are 17 12 prohibited from issuing guidance that imposes a legal 17 13 obligation or duty on a person unless the obligation or duty 17 14 is required or reasonably implied by law, rule, or other legal 17 15 authority. Guidance issued in violation of the prohibition 17 16 is not legally binding. This provision does not apply to 17 17 administrative rules, declaratory orders, a document or 17 18 statement required by federal law or a court, or a document or 17 19 statement issued in the course of an administrative or judicial 17 20 proceeding to which the department, the state board, or the 17 21 director is a party. 17 22 The division takes effect upon enactment. LSB 1489SV (5) 87 kh/rj
