256.1 DEPARTMENT ESTABLISHED.
1. The department of education is established to act in a
policymaking and advisory capacity and to exercise general
supervision over the state system of education including all of the
following:
a. Public elementary and secondary schools.
b. Community colleges.
c. Area education agencies.
d. Vocational rehabilitation.
e. Educational supervision over the elementary and secondary
schools under the control of an administrator of a division of the
department of human services.
f. Nonpublic schools to the extent necessary for compliance
with Iowa school laws.
2. The department shall stimulate and encourage educational radio
and television and other educational communications services as
necessary to aid in accomplishing the educational objectives of the
state.
3. The department shall meet the informational needs of the three
branches of state government.
4. The department shall provide for the improvement of library
services to all Iowa citizens and foster development and cooperation
among libraries.
5. The department shall act as an administrative, supervisory,
and consultative state agency. Section History: Recent Form
86 Acts, ch 1245, § 1401; 93 Acts, ch 48, § 12; 94 Acts, ch 1023,
§92
Referred to in § 7E.5, 292.1
256.2 DEFINITIONS.
As used in this chapter:
1. "Department" means the department of education.
2. "Director" means the director of the department of
education.
3. "State board" means the state board of education. &nbsb>Section History: Recent Form
86 Acts, ch 1245, § 1402
256.3 STATE BOARD ESTABLISHED.
The state board of education is established for the department.
The state board consists of ten members, nine voting members and one
nonvoting student member. The voting members shall be appointed by
the governor subject to senate confirmation. The nonvoting student
member shall be appointed as provided in section 256.5A. The voting
members shall be registered voters of the state and hold no other
elective or appointive state office. A voting member shall not be
engaged in professional education for a major portion of the member's
time nor shall the member derive a major portion of income from any
business or activity connected with education. Not more than five
voting members shall be of the same political party.
The terms of office for voting members are for six years beginning
and ending as provided in section 69.19.
Three of the voting members shall have substantial knowledge
related to the community college system. The remaining six voting
members shall be members of the general public. Section History: Recent Form
86 Acts, ch 1245, § 1403; 90 Acts, ch 1253, § 4; 95 Acts, ch 49,
§4; 2002 Acts, ch 1140, §1
Referred to in § 256.31
Confirmation, see § 2.32
256.4 OATH -- VACANCIES.
The members of the state board shall qualify by taking the regular
oath of office as prescribed by law for state officers. Vacancies in
the voting membership shall be filled in the same manner in which
regular appointments are required to be made. Section History: Recent Form
86 Acts, ch 1245, § 1404; 2002 Acts, ch 1140, §2
256.5 COMPENSATION AND EXPENSES.
The members of the state board shall be reimbursed for actual and
necessary expenses incurred while engaged in their official duties.
Members of the state board may also be eligible to receive
compensation as provided in section 7E.6. All expense moneys paid to
the members shall be paid from funds appropriated to the department.
Section History: Recent Form
86 Acts, ch 1245, § 1405
256.5A NONVOTING MEMBER.
The governor shall appoint the one nonvoting student member of the
state board for a term of one year beginning and ending as provided
in section 69.19. The nonvoting student member shall be appointed
from a list of names submitted by the state board of education.
Students enrolled in either grade ten or eleven in a public school
may apply to the state board to serve as a nonvoting student member.
The department shall develop an application process that requires the
consent of the student's parent or guardian if the student is a
minor, initial application approval by the school district in which
the student applicant is enrolled, and submission of approved
applications by a school district to the department. The nonvoting
student member's school district of enrollment shall notify the
student's parents if the student's grade point average falls during
the period in which the student is a member of the state board. The
state board shall adopt rules under chapter 17A specifying criteria
for the selection of applicants whose names shall be submitted to the
governor. Criteria shall include, but are not limited to, academic
excellence, participation in extracurricular and community
activities, and interest in serving on the board. Rules adopted by
the state board shall also require, if the student is a minor,
supervision of the student by the student's parent or guardian while
the student is engaged in authorized state board business at a
location other than the community in which the student resides,
unless the student's parent or guardian submits to the state board a
signed release indicating the parent or guardian has determined that
supervision of the student by the parent or guardian is unnecessary.
The nonvoting student member appointment is not subject to section
69.16 or 69.16A. The nonvoting student member shall have been
enrolled in a public school in Iowa for at least one year prior to
the member's appointment. A nonvoting student member who will not
graduate from high school prior to the end of a second term may apply
to the state board for submission of candidacy to the governor for a
second one-year term. A nonvoting student member shall be paid a per
diem as provided in section 7E.6 and the student and the student's
parent or guardian shall be reimbursed for actual and necessary
expenses incurred in the performance of the student's duties as a
nonvoting member of the state board. A vacancy in the membership of
the nonvoting student member shall not be filled until the expiration
of the term. Section History: Recent Form
2002 Acts, ch 1140, §3; 2003 Acts, ch 180, §1
Referred to in § 256.3
256.6 REGULAR AND SPECIAL MEETINGS.
The state board shall meet in May of each year for purposes of
organization and shall hold at least five additional regular meetings
during the twelve-month period ending April 30. Special meetings of
the state board may be called by the president or by any five members
of the board on five days' notice given to each member. Section History: Recent Form
86 Acts, ch 1245, § 1406; 88 Acts, ch 1013, § 1
256.7 DUTIES OF STATE BOARD.
Except for the college student aid commission and the public
broadcasting board and division, the state board shall:
1. Adopt and establish policy for programs and services of the
department pursuant to law.
2. Constitute the state board for vocational education under
chapter 258.
3. Prescribe standards and procedures for the approval of
practitioner preparation programs and professional development
programs offered in this state by practitioner preparation
institutions located within or outside this state and by area
education agencies. Procedures provided for approval of programs
shall include procedures for enforcement of the prescribed standards
and shall not include a procedure for the waiving of any of the
standards prescribed. The board may establish by rule and collect
from practitioner preparation institutions located outside this state
an amount equivalent to the department's necessary travel and actual
expenses incurred while engaged in the program approval process for
the institution located outside this state. Amounts collected under
this subsection shall be deposited in the general fund of the state.
4. Adopt, and update annually, a five-year plan for the
achievement of educational goals in Iowa.
5. Adopt rules under chapter 17A for carrying out the
responsibilities of the department.
6. Hear appeals of persons aggrieved by decisions of boards of
directors of school corporations under chapter 290 and other appeals
prescribed by law. The state board may review the record and shall
review the decision of the director of the department of education or
the administrative law judge designated for any appeals heard and
decided by the director under chapter 290, and may affirm, modify, or
vacate the decision, or may direct a rehearing before the director.
7. Adopt rules under chapter 17A for the use of
telecommunications as an instructional tool for students enrolled in
kindergarten through grade twelve and served by local school
districts, accredited or approved nonpublic schools, area education
agencies, community colleges, institutions of higher education under
the state board of regents, and independent colleges and universities
in elementary and secondary school classes and courses. The rules
shall include but need not be limited to rules relating to programs,
educational policy, instructional practices, staff development, use
of pilot projects, curriculum monitoring, and the accessibility of
licensed teachers.
a. When curriculum is provided by means of
telecommunications, it shall be taught by an appropriately licensed
teacher. The teacher shall either be present in the classroom, or be
present at the location at which the curriculum delivered by means of
telecommunications originates.
b. The rules shall provide that when the curriculum is taught
by an appropriately licensed teacher at the location at which the
telecommunications originates, the curriculum received at a remote
site shall be under the supervision of a licensed teacher. The
licensed teacher at the originating site may provide supervision of
students at a remote site or the school district in which the remote
site is located may provide for supervision at the remote site if the
school district deems it necessary or if requested to do so by the
licensed teacher at the originating site. For the purposes of this
subsection, "supervision" means that the curriculum is monitored
by a licensed teacher and the teacher is accessible to the students
receiving the curriculum by means of telecommunications.
c. The state board shall establish an advisory committee to
make recommendations for rules required under this subsection on the
use of telecommunications as an instructional tool. The committee
shall be composed of representatives from community colleges, area
education agencies, accredited or approved nonpublic schools, and
local school districts from various enrollment categories. The
representatives shall include board members, school administrators,
teachers, parents, students, and associations interested in
education.
d. For the purpose of the rules adopted by the state board,
telecommunications means narrowcast communications through systems
that are directed toward a narrowly defined audience and includes
interactive live communications.
8. Rules adopted under this section shall provide that
telecommunications shall not be used by school districts as the
exclusive means to provide any course which is required by the
minimum educational standards for accreditation.
9. Develop evaluation procedures that will measure the effects of
instruction by means of telecommunications on student achievement,
socialization, intellectual growth, motivation, and other related
factors deemed relevant by the state board, for the development of an
educational database. The state board shall consult with the state
board of regents and the practitioner preparation departments at its
institutions, other practitioner preparation departments located
within private colleges and universities, educational research
agencies or facilities, and other agencies deemed appropriate by the
state board, in developing these procedures.
10. Adopt rules pursuant to chapter 17A relating to educational
programs and budget limitations for educational programs pursuant to
sections 282.29, 282.30, 282.31, and 282.33.
11. Prescribe guidelines for facility standards, maximum class
sizes, and maximum in classroom pupil-teacher and teacher-aide ratios
for grades kindergarten through three and before and after school and
summer child care programs provided under the direction of the school
district. The department also shall indicate modifications to such
guidelines necessary to address the needs of at-risk children.
12. Elect to a two-year term, from its members in each
even-numbered year, a president of the state board, who shall serve
until a successor is elected and qualified.
13. Adopt rules and a procedure for accrediting all
apprenticeship programs in the state which receive state or federal
funding. In developing the rules, the state board shall consult with
schools and labor or trade organizations affected by or currently
operating apprenticeship or training programs. Rules adopted shall
be the same or similar to criteria established for the operation of
apprenticeship programs at community colleges.
14. Adopt rules which require each community college which
establishes a new jobs training project or projects and receives
funds derived from or associated with the project or projects to
establish a separate account to act as a repository for any funds
received and to report annually, by January 15, to the general
assembly on funds received and disbursed during the preceding fiscal
year in the form required by the department.
15. If funds are appropriated by the general assembly for the
program, adopt rules for the administration of the teacher exchange
program, including, but not limited to, rules for application to
participate in the program, rules relating to the number of times
that a given applicant may participate in the program, and rules
describing reimbursable expenses and establishing honoraria for
teacher participants.
16. Adopt rules that set standards for approval of family support
preservice and in-service training programs, offered by area
education agencies and practitioner preparation institutions, and
family support programs offered by or through local school districts.
17. Receive and review the budget and unified plan of service
submitted by the division of libraries and information services.
18. Adopt rules that include children who retain some sight but
who have a medically diagnosed expectation of visual deterioration
within the definition of children requiring special education
pursuant to section 256B.2, subsection 1. Rules adopted pursuant to
this subsection shall provide for or include, but are not limited to,
the following:
a. A presumption that proficiency in braille reading and
writing is essential for satisfactory educational progress for a
visually impaired student who is not able to communicate in print
with the same level of proficiency as a student of otherwise
comparable ability at the same grade level. This presumption
includes a student as defined in paragraph "b". A student for
whom braille services are appropriate, as defined in this subsection,
is entitled to instruction in braille reading and writing that is
sufficient to enable the pupil to communicate with the same level of
proficiency as a pupil of otherwise comparable ability at the same
grade level.
b. A pupil who retains some sight but who has a medically
diagnosed expectation of visual deterioration in adolescence or early
adulthood may qualify for instruction in braille reading and writing.
c. Instruction in braille reading and writing may be used in
combination with other special education services appropriate to a
pupil's educational needs.
d. The annual review of a pupil's individual education plan
shall include discussion of instruction in braille reading and
writing and a written explanation of the reasons why the pupil is
using a given reading and writing medium or media. If the reasons
have not changed since the previous year, the written explanation for
the current year may refer to the fuller explanation from the
previous year.
e. A pupil as defined in paragraph "b" whose primary
learning medium is expected to change may begin instruction in the
new medium before it is the only medium the pupil can effectively
use.
f. A pupil who receives instruction in braille reading and
writing pursuant to this subsection shall be taught by a teacher
licensed to teach students with visual impairments.
19. Define the minimum school day as a day consisting of five and
one-half hours of instructional time for grades one through twelve.
The minimum hours shall be exclusive of the lunch period, but may
include passing time between classes. Time spent on parent-teacher
conferences shall be considered instructional time. A school or
school district may record a day of school with less than the minimum
instructional hours as a minimum school day if any of the following
apply:
a. If emergency health or safety factors require the late
arrival or early dismissal of students on a specific day.
b. If the total hours of instructional school time for grades
one through twelve for any five consecutive school days equal a
minimum of twenty-seven and one-half hours, even though any one day
of school is less than the minimum instructional hours because of a
staff development opportunity provided for the professional
instructional staff or because parent-teacher conferences have been
scheduled beyond the regular school day. Furthermore, if the total
hours of instructional time for the first four consecutive days equal
at least twenty-seven and one-half hours because parent-teacher
conferences have been scheduled beyond the regular school day, a
school or school district may record zero hours of instructional time
on the fifth consecutive school day as a minimum school day.
20. Adopt rules that require the board of directors of a school
district to waive school fees for indigent families.
21. Develop and adopt rules incorporating accountability for, and
reporting of, student achievement into the standards and
accreditation process described in section 256.11. The rules shall
provide for all of the following:
a. Requirements that all school districts and accredited
nonpublic schools develop, implement, and file with the department a
comprehensive school improvement plan that includes, but is not
limited to, demonstrated school, parental, and community involvement
in assessing educational needs, establishing local education
standards and student achievement levels, and, as applicable, the
consolidation of federal and state planning, goal-setting, and
reporting requirements.
b. A set of core academic indicators in mathematics and
reading in grades four, eight, and eleven, a set of core academic
indicators in science in grades eight and eleven, and another set of
core indicators that includes, but is not limited to, graduation
rate, postsecondary education, and successful employment in Iowa.
Annually, the department shall report state data for each indicator
in the condition of education report.
c. A requirement that all school districts and accredited
nonpublic schools annually report to the department and the local
community the district-wide progress made in attaining student
achievement goals on the academic and other core indicators and the
district-wide progress made in attaining locally established student
learning goals. The school districts and accredited nonpublic
schools shall demonstrate the use of multiple assessment measures in
determining student achievement levels. The school districts and
accredited nonpublic schools shall also report the number of students
who graduate; the number of students who drop out of school; the
number of students who are tested and the percentage of students who
are so tested annually; and the percentage of students who graduated
during the prior school year and who completed a core curriculum.
The board shall develop and adopt uniform definitions consistent with
the federal No Child Left Behind Act of 2001, Pub. L. No. 107-110 and
any federal regulations adopted pursuant to the federal Act. The
school districts and accredited nonpublic schools may report on other
locally determined factors influencing student achievement. The
school districts and accredited nonpublic schools shall also report
to the local community their results by individual attendance center.
22. Adopt rules and a procedure for the approval of para-educator
preparation programs offered by a public school district, area
education agency, community college, institution of higher education
under the state board of regents, or an accredited private
institution as defined in section 261.9, subsection 1. The programs
shall train and recommend individuals for para-educator certification
under section 272.12.
23. Adopt rules directing the community colleges to annually and
uniformly submit data from the most recent fiscal year to the
division of community colleges and workforce preparation, using
criteria determined and prescribed by the division via the management
information system. Financial data submitted to the division by a
community college shall be broken down by fund. Community colleges
shall provide data to the division by a deadline set by the division.
The deadline shall be set for a date that permits the division to
include the data in a report submitted for state board approval and
for review by December 15 of each year by the house and senate
standing education committees and the joint subcommittee on education
appropriations.
24. Adopt rules on or before January 1, 2001, to require school
districts and accredited nonpublic schools to adopt local policies
relating to health services, media services programs, and guidance
programs, as part of the general accreditation standards applicable
to school districts pursuant to section 256.11. This subsection
shall be applicable strictly for reporting purposes and shall not be
interpreted to require school districts and accredited nonpublic
schools to provide or offer health services, media services programs,
or guidance programs.
25. Adopt rules establishing standards for school district and
area education agency professional development programs and for
individual teacher professional development plans in accordance with
section 284.6.
26. a. Adopt rules that establish a core curriculum and
requiring, beginning with the students in the 2010-2011 school year
graduating class, high school graduation requirements for all
students in school districts and accredited nonpublic schools that
include at a minimum satisfactory completion of four years of English
and language arts, three years of mathematics, three years of
science, and three years of social studies. The core curriculum
adopted shall address the core content standards in subsection 28 and
the skills and knowledge students need to be successful in the
twenty-first century. The core curriculum shall include social
studies and twenty-first century learning skills which include but
are not limited to civic literacy, health literacy, technology
literacy, financial literacy, and employability skills; and shall
address the curricular needs of students in kindergarten through
grade twelve in those areas. The department shall further define the
twenty-first century learning skills components by rule.
b. Continue the inclusive process begun during the initial
development of a core curriculum for grades nine through twelve
including stakeholder involvement, including but not limited to
representatives from the private sector and the business community,
and alignment of the core curriculum to other recognized sets of
national and international standards. The state board shall also
recommend quality assessments to school districts and accredited
nonpublic schools to measure the core curriculum.
c. Neither the state board nor the department shall require
school districts or accredited nonpublic schools to adopt a specific
textbook, textbook series, or specific instructional methodology, or
acquire specific textbooks, curriculum materials, or educational
products from a specific vendor in order to meet the core curriculum
requirements of this subsection or the core content standards adopted
pursuant to subsection 28.
27. Adopt by rule the Iowa standards for school administrators,
including the knowledge and skill criteria developed by the director
in accordance with section 256.9, subsection 50.
28. Adopt a set of core content standards applicable to all
students in kindergarten through grade twelve in every school
district and accredited nonpublic school. For purposes of this
subsection, "core content standards" includes reading,
mathematics, and science. The core content standards shall be
identical to the core content standards included in Iowa's approved
2006 standards and assessment system under Tit. I of the federal
Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et
seq., as amended by the federal No Child Left Behind Act of 2001,
Pub. L. No. 107-110. School districts and accredited nonpublic
schools shall include, at a minimum, the core content standards
adopted pursuant to this subsection in any set of locally developed
content standards. School districts and accredited nonpublic schools
are strongly encouraged to set higher expectations in local
standards. As changes in federal law or regulation occur, the state
board is authorized to amend the core content standards as
appropriate.
29. Adopt rules establishing nutritional content standards for
foods and beverages sold or provided on the school grounds of any
school district or accredited nonpublic school during the school day
exclusive of the food provided by any federal school food program or
pursuant to an agreement with any agency of the federal government in
accordance with the provisions of chapter 283A, and exclusive of
foods sold for fundraising purposes and foods and beverages sold at
concession stands. The standards shall be consistent with the
dietary guidelines for Americans issued by the United States
department of agriculture food and nutrition service. Section History: Recent Form
86 Acts, ch 1245, § 1407; 87 Acts, ch 224, § 24, 25; 87 Acts, ch
207, § 1; 87 Acts, ch 211, § 2; 87 Acts, ch 233, § 449; 88 Acts, ch
1266, § 1; 89 Acts, ch 8, § 1; 89 Acts, ch 206, § 5; 89 Acts, ch 210,
§ 1--3; 89 Acts, ch 265, § 19--22; 90 Acts, ch 1249, § 2, 3; 90 Acts,
ch 1253, § 5, 122; 90 Acts, ch 1272, § 37; 91 Acts, ch 84, §1; 92
Acts, ch 1158, §2; 92 Acts, ch 1246, §26; 93 Acts, ch 48, § 13; 93
Acts, ch 59, § 1; 93 Acts, ch 82, § 1; 94 Acts, ch 1043, §1; 94 Acts,
ch 1091, §1--3; 94 Acts, ch 1193, §17; 96 Acts, ch 1007, § 1; 96
Acts, ch 1127, § 2; 98 Acts, ch 1176, § 1; 98 Acts, ch 1202, §39, 46;
2000 Acts, ch 1098, §1; 2000 Acts, ch 1167, §1; 2000 Acts, ch 1170,
§1; 2001 Acts, ch 24, §66, 74; 2001 Acts, ch 26, §1; 2002 Acts, ch
1140, §4; 2002 Acts, ch 1152, §1; 2003 Acts, ch 178, §56; 2003 Acts,
ch 180, §2; 2004 Acts, ch 1145, §1; 2005 Acts, ch 149, §1, 2; 2006
Acts, ch 1152, §3, 4; 2007 Acts, ch 108, §1, 2; 2007 Acts, ch 214,
§16, 17; 2008 Acts, ch 1127, §1; 2008 Acts, ch 1187, §140; 2008 Acts,
ch 1191, §155; 2009 Acts, ch 54, §1
Referred to in § 256.9, 256.11, 256.16, 256.33, 256D.1, 256D.3,
256F.4, 256F.5, 257.11, 257.31, 257.38, 257.43, 260C.4, 261B.3A,
272.27, 279.47, 279.61, 280.3, 280.9, 280.19, 280.28, 282.31, 282.33,
284.5, 284.6, 284.12, 284A.2, 284A.3, 284A.5, 284A.6, 284A.7, 290.5
256.8 DIRECTOR OF DEPARTMENT OF EDUCATION.
The governor shall appoint a director of the department of
education subject to confirmation by the senate. The director shall
possess a background in education and administrative experience and
shall serve at the pleasure of the governor. Section History: Recent Form
86 Acts, ch 1245, § 1408
Confirmation, see § 2.32
256.9 DUTIES OF DIRECTOR.
Except for the college student aid commission and the public
broadcasting board and division, the director shall:
1. Carry out programs and policies as determined by the state
board.
2. Recommend to the state board rules necessary to implement
programs and services of the department.
3. Establish divisions of the department as necessary or
desirable in addition to divisions required by law. The organization
of the department shall promote coordination of functions and
services relating to administration, supervision, and improvement of
instruction.
4. Employ personnel and assign duties and responsibilities of the
department. The director shall appoint a deputy director and
division administrators deemed necessary. They shall be appointed on
the basis of their professional qualifications, experience in
administration, and background. Members of the professional staff
are not subject to the merit system provisions of chapter 8A,
subchapter IV, and are subject to section 256.10.
5. Transmit to the department of management information about the
distribution of state and federal funds pursuant to state law and
rules of the department.
6. Develop a budget and transmit to the department of management
estimates of expenditure requirements for all functions and services
of the department.
7. Accept and administer federal funds apportioned to the state
for educational and rehabilitation purposes and accept surplus
commodities for distribution when made available by a governmental
agency. The director may also accept grants and gifts on behalf of
the department.
8. Cooperate with other governmental agencies and political
subdivisions in the development of rules and enforcement of laws
relating to education.
9. Conduct research on education matters.
10. Submit to each regular session of the general assembly
recommendations relating to revisions or amendments to the school
laws.
11. Approve, coordinate, and supervise the use of electronic data
processing by school districts, area education agencies, and merged
areas.
12. Act as the executive officer of the state board.
13. Act as custodian of a seal for the director's office and
authenticate all true copies of decisions or documents.
14. Appoint advisory committees, in addition to those required by
law, to advise in carrying out the programs, services, and functions
of the department.
15. Provide the same educational supervision for the schools
maintained by the director of human services as is provided for the
public schools of the state and make recommendations to the director
of human services for the improvement of the educational program in
those institutions.
16. Interpret the school laws and rules relating to the school
laws.
17. Hear and decide appeals arising from the school laws not
otherwise specifically granted to the state board.
18. Prepare forms and procedures as necessary to be used by area
education agency boards, district boards, school officials,
principals, teachers, and other employees, and to insure uniformity,
accuracy, and efficiency in keeping records in both pupil and cost
accounting, the execution of contracts, and the submission of
reports, and notify the area education agency board, district board,
or school authorities when a report has not been filed in the manner
or on the dates prescribed by law or by rule that the school will not
be accredited until the report has been properly filed.
19. Determine by inspection, supervision, or otherwise, the
condition, needs, and progress of the schools under the supervision
of the department, make recommendations to the proper authorities for
the correction of deficiencies and the educational and physical
improvement of the schools, and request a state audit of the accounts
of a school district, area education agency, school official, or
school employee handling school funds when it is apparent that an
audit should be made.
20. Preserve reports, documents, and correspondence that may be
of a permanent value, which shall be open for inspection under
reasonable conditions.
21. Keep a record of the business transacted by the director.
22. Endeavor to promote among the people of the state an interest
in education.
23. Classify and define the various schools under the supervision
of the department, formulate suitable courses of study, and publish
and distribute the classifications and courses of study and promote
their use.
24. Direct area education agency administrators to arrange for
professional teachers' meetings, demonstration teaching, or other
field work for the improvement of instruction as best fits the needs
of the public schools in each area.
25. Cause to be printed in book form, during the months of June
and July in the year 1987 and every four years thereafter, if deemed
necessary, all school laws then in force with forms, rulings,
decisions, notes, and suggestions which may aid school officers in
the proper discharge of their duties. A sufficient number shall be
furnished to school officers, directors, superintendents, area
administrators, members of the general assembly, and others as
reasonably requested.
26. Direct that any amendments or changes in the school laws,
with necessary notes and suggestions, be distributed as prescribed in
subsection 25 annually.
27. Approve the salaries of area education agency administrators.
28. Develop criteria and procedures to assist in the
identification of at-risk children and their developmental needs.
29. Develop, in conjunction with the child development
coordinating council or other similar agency, child-to-staff ratio
recommendations and standards for at-risk programs based on national
literature and test results and Iowa longitudinal test results.
30. Develop programs in conjunction with the center for early
development education to be made available to the school districts to
assist them in identification of at-risk children and their
developmental needs.
31. a. Conduct or direct the area education agency to conduct
feasibility surveys and studies, if requested under section 282.11,
of the school districts within the area education agency service
areas and all adjacent territory, including but not limited to
contiguous districts in other states, for the purpose of evaluating
and recommending proposed whole grade sharing agreements requested
under section 282.7 and section 282.10, subsections 1 and 4. The
surveys and studies shall be revised periodically to reflect
reorganizations which may have taken place in the area education
agency, adjacent territory, and contiguous districts in other states.
The surveys and studies shall include a cover page containing
recommendations and a short explanation of the recommendations. The
factors to be used in determining the recommendations include, but
are not limited to:
(1) The possibility of long-term survival of the proposed
alliance.
(2) The adequacy of the proposed educational programs versus the
educational opportunities offered through a different alliance.
(3) The financial strength of the new alliance.
(4) Geographical factors.
(5) The impact of the alliance on surrounding schools.
b. Copies of the completed surveys and studies shall be
transmitted to the affected districts' school boards.
32. a. Develop standards and instructional materials to do
all of the following:
(1) Assist school districts in developing appropriate before and
after school programs for elementary school children.
(2) Assist school districts in the development of child care
services and programs to complement half-day and all-day kindergarten
programs.
(3) Assist school districts in the development of appropriate
curricula for all-day, everyday kindergarten programs.
(4) Assist school districts in the development of appropriate
curricula for the early elementary grades one through three.
(5) Assist prekindergarten instructors in the development of
appropriate curricula and teaching practices.
b. Standards and materials developed shall include materials
which employ developmentally appropriate practices and incorporate
substantial parental involvement. The materials and standards shall
include alternative teaching approaches including collaborative
teaching and alternative dispute resolution training. The department
shall consult with the child development coordinating council, the
state child care advisory council, the department of human services,
the state board of regents center for early developmental education,
the area education agencies, the department of child development in
the college of family and consumer sciences at Iowa state university
of science and technology, the early childhood elementary division of
the college of education at the university of Iowa, and the college
of education at the university of northern Iowa, in developing these
standards and materials.
c. For purposes of this section "substantial parental
involvement" means the physical presence of parents in the
classroom, learning experiences designed to enhance the skills of
parents in parenting and in providing for their children's learning
and development, or educational materials which may be borrowed for
home use.
33. Develop, or direct the area education agencies to develop, a
statewide technical assistance support network to provide school
districts or district subcontractors under section 279.49 with
assistance in creating developmentally appropriate programs under
section 279.49.
34. Administer and approve grants to school districts which
provide innovative in-school programming for at-risk children in
grades kindergarten through three, in addition to regular school
curricula for children participating in the program, with the funds
for the grants being appropriated for at-risk children by the general
assembly. Grants approved shall be for programs in schools with a
high percentage of at-risk children. Preference shall be given to
programs which integrate at-risk children with the rest of the school
population, which agree to limit class size and pupil-teacher ratios,
which include parental involvement, which demonstrate community
support, which cooperate with other community agencies, which provide
appropriate guidance counseling services, and which use teachers with
an early childhood endorsement. Grant programs shall contain an
evaluation component that measures student outcomes.
35. Develop a model written publications code including
reasonable provisions for the regulation of the time, place, and
manner of student expression.
36. Provide educational resources and technical assistance to
schools relating to the implementation of the nutritional guidelines
for food and beverages sold on public school grounds or on the
grounds of nonpublic schools receiving funds under section 283A.10.
37. Explore, in conjunction with the state board of regents, the
need for coordination between school districts, area education
agencies, regents institutions, and community colleges for purposes
of delivery of courses, use of telecommunications, transportation,
and other similar issues. Coordination may include, but is not
limited to, coordination of calendars, programs, schedules, or
telecommunications emissions.
38. Develop an application and review process for approval of
administrative and program sharing agreements between two or more
community colleges or a community college and an institution of
higher education under the board of regents entered into pursuant to
section 260C.46.
39. If funds are appropriated by the general assembly for the
program, administer the teacher exchange program, develop forms for
requests to participate in the program, and process requests from
teacher participants for reimbursement of expenses incurred as a
result of participating in the program.
40. Develop in-service and preservice training programs through
the area education agencies and practitioner preparation institutions
and guidelines for school districts for the establishment of family
support programs. Guidelines developed shall describe barriers to
learning and development which can affect children served by family
support programs.
41. Serve as an ex officio member of the commission of libraries.
42. a. Grant annual exemptions from one or more of the
minimum education standards contained in section 256.11 and rules
adopted by the state board of education to nonpublic schools or
public school districts who are engaging in comprehensive school
transformation efforts that are broadly consistent with the current
standards, but require exemption from one or more standards in order
to implement the comprehensive school transformation effort within
the nonpublic school or school district. Nonpublic schools or public
school districts wishing to be exempted from one or more of the
minimum standards contained in section 256.11 and rules adopted by
the state board of education shall file a request for an exemption
with the department. Requests for exemption shall include all of the
following:
(1) A description of the nonpublic school or public school
district's school transformation plan, including but not limited to
new structures, methodologies, and creative approaches designed to
help students achieve at higher levels.
(2) Identification of the standard or standards for which the
exemption is being sought, including a statement of the reasons for
requesting the exemption from the standard or standards.
(3) Identification of a method for periodic demonstration that
student achievement will not be lessened by the granting of the
exemption.
b. The director shall develop a procedure for application for
exemption and receipt, review, and evaluation of nonpublic school and
public school district requests, including but not limited to
development of criteria for the granting or denying of requests for
exemptions and a time line for the submission, review, and granting
or denying of requests for exemption from one or more standards.
43. Develop and administer, with the cooperation of the
department of veterans affairs, a program which shall be known as
operation recognition. The purpose of the program is to award high
school diplomas to veterans of World War I, World War II, and the
Korean and Vietnam conflicts who left high school prior to graduation
to enter United States military service. The department of education
and the department of veterans affairs shall jointly develop an
application procedure, distribute applications, and publicize the
program to school districts, accredited nonpublic schools, county
commissions of veteran affairs, veterans organizations, and state,
regional, and local media. All honorably discharged veterans who are
residents or former residents of the state; who served at any time
between April 6, 1917, and November 11, 1918, at any time between
September 16, 1940, and December 31, 1946, at any time between June
25, 1950, and January 31, 1955, or at any time between February 28,
1961, and May 5, 1975, all dates inclusive; and who did not return to
school and complete their education after the war or conflict shall
be eligible to receive a diploma. Diplomas may be issued
posthumously. Upon approval of an application, the department shall
issue an honorary high school diploma for an eligible veteran. The
diploma shall indicate the veteran's school of attendance. The
department of education and the department of veterans affairs shall
work together to provide school districts, schools, communities, and
county commissions of veteran affairs with information about hosting
a diploma ceremony on or around Veterans Day. The diploma shall be
mailed to the veteran or, if the veteran is deceased, to the
veteran's family.
44. Reconcile, with the assistance of the community colleges,
audited financial statements and the financial data submitted to the
department. The reconciliation shall include an analysis of funding
by funding source.
45. Develop core knowledge and skill criteria, based upon the
Iowa teaching standards, for the evaluation, the advancement, and for
teacher career development purposes pursuant to chapter 284. The
criteria shall further define the characteristics of quality teaching
as established by the Iowa teaching standards. The director, in
consultation with the board of educational examiners, shall also
develop a transition plan for implementation of the career
development standards developed pursuant to section 256.7, subsection
25, with regard to licensure renewal requirements. The plan shall
include a requirement that practitioners be allowed credit for career
development completed prior to implementation of the career
development standards developed pursuant to section 256.7, subsection
25.
46. Disburse, transfer, or receive funds as authorized or
required under federal or state law or regulation in a manner that
utilizes electronic transfer of the funds whenever possible.
47. Develop and implement a comprehensive management information
system designed for the purpose of establishing standardized
electronic data collections and reporting protocols that facilitate
compliance with state and federal reporting requirements, improve
school-to-school and district-to-district information exchanges, and
maintain the confidentiality of individual student and staff data.
The system shall provide for the electronic transfer of individual
student records between schools, districts, postsecondary
institutions, and the department. The director may establish, to the
extent practicable, a uniform coding and reporting system, including
a statewide uniform student identification system.
48. Prepare and submit to the chairpersons and ranking members of
the senate and house education committees a report on the state's
progress toward closing the achievement gap, including student
achievement for minority subgroups, and a comprehensive summary of
state agency and local district activities and practices taken in the
past year to close the achievement gap.
49. a. Develop and make available to school districts,
examples of age-appropriate and research-based materials and lists of
resources which parents may use to teach their children to recognize
unwanted physical and verbal sexual advances, to not make unwanted
physical and verbal sexual advances, to effectively reject unwanted
sexual advances, that it is wrong to take advantage of or exploit
another person, about the dangers of sexual exploitation by means of
the internet including specific strategies to help students protect
themselves and their personally identifiable information from such
exploitation, and about counseling, medical, and legal resources
available to survivors of sexual abuse and sexual assault, including
resources for escaping violent relationships. The materials and
resources shall cover verbal, physical, and visual sexual harassment,
including nonconsensual sexual advances, and nonconsensual physical
sexual contact. In developing the materials and resource list, the
director shall consult with entities that shall include, but not be
limited to, the departments of human services, public health, and
public safety, education stakeholders, and parent-teacher
organizations. School districts shall provide age-appropriate and
research-based materials and a list of available community and
web-based resources to parents at registration and shall also include
the age-appropriate and research-based materials and resource list in
the student handbook. School districts are encouraged to work with
their communities to provide voluntary parent education sessions to
provide parents with the skills and appropriate strategies to teach
their children as described in this subsection. School districts
shall incorporate the age-appropriate and research-based materials
into relevant curricula and shall reinforce the importance of
preventive measures when reasonable with parents and students.
b. Make available scientifically based research studies in
the area of health and wellness literacy for use by school districts
and nonpublic schools in educating students. The content shall
include but not be limited to research on instructional materials and
teaching strategies that have proven effective in teaching students
the knowledge and skills included in paragraph "a" and section
256.11. School districts are encouraged to incorporate as much of
this material as practical.
50. Develop Iowa standards for school administrators, including
knowledge and skill criteria, and develop, based on the Iowa
standards for administrators, mentoring and induction, evaluation
processes, and professional development plans pursuant to chapter
284A. The criteria shall further define the characteristics of
quality administrators as established by the Iowa standards for
school administrators.
51. Establish and maintain a process and a procedure, in
cooperation with the board of educational examiners, to compare a
practitioner's teaching assignment with the license and endorsements
held by the practitioner. The director may report noncompliance
issues identified by this process to the board of educational
examiners pursuant to section 272.15, subsection 3.
52. a. Develop and distribute, in collaboration with the area
education agencies, core curriculum technical assistance and
implementation strategies that school districts and accredited
nonpublic schools shall utilize, including but not limited to the
development and delivery of formative and end-of-course model
assessments classroom teachers may use to measure student progress on
the core curriculum adopted pursuant to section 256.7, subsection 26.
The department shall, in collaboration with the advisory group
convened in accordance with paragraph "b" and educational
assessment providers, identify and make available to school districts
end-of-course and additional model end-of-course and additional
assessments to align with the expectations included in the Iowa core
curriculum. The model assessments shall be suitable to meet the
multiple assessment measures requirement specified in section 256.7,
subsection 21, paragraph "c".
b. Convene an advisory group comprised of education
stakeholders including but not limited to school district and
accredited nonpublic school teachers, school administrators, higher
education faculty who teach in the subjects for which the curriculum
is being adopted, private sector employers, members of the boards of
directors of school districts, and individuals representing the
educational assessment providers. The task force shall review the
national assessment of educational progress standards and assessments
used by other states, and shall consider standards identified as best
practices in the field of study by the national councils of teachers
of English and mathematics, the national council for the social
studies, the national science teachers association, and other
recognized experts.
53. Submit an annual report to the general assembly by January 1
regarding activities, findings, and student progress under the core
curriculum established pursuant to section 256.7, subsection 26. The
annual report shall include the state board's findings and
recommendations.
54. Convene, in collaboration with the department of public
health, a nutrition advisory panel to review research in pediatric
nutrition conducted in compliance with accepted scientific methods by
recognized professional organizations and agencies including but not
limited to the institute of medicine. The advisory panel shall
submit its findings and recommendations, which shall be consistent
with the dietary guidelines for Americans published jointly by the
United States department of health and human services and department
of agriculture if in the judgment of the advisory panel the
guidelines are supported by the research findings, in a report to the
state board. The advisory panel may submit to the state board
recommendations on standards related to federal school food programs
if the recommendations are intended to exceed the existing federal
guidelines. The state board shall consider the advisory panel report
when establishing or amending the nutritional content standards
required pursuant to section 256.7, subsection 29. The director
shall convene the advisory panel by July 1, 2008, and every five
years thereafter to review the report and make recommendations for
changes as appropriate. The advisory panel shall include but is not
limited to at least one Iowa state university extension nutrition and
health field specialist and at least one representative from each of
the following:
a. The Iowa dietetic association.
b. The school nutrition association of Iowa.
c. The Iowa association of school boards.
d. The school administrators of Iowa.
e. The Iowa chapter of the American academy of pediatrics.
f. A school association representing parents.
g. The Iowa grocery industry association.
h. An accredited nonpublic school.
i. The Iowa state education association.
j. The farm-to-school council established pursuant to section
190A.2.
55. Monitor school districts and accredited nonpublic schools for
compliance with the nutritional content standards for foods and
beverages adopted by the state board in accordance with section
256.7, subsection 29. School districts and accredited nonpublic
schools shall annually make the standards available to students,
parents, and the local community. A school district or accredited
nonpublic school found to be in noncompliance with the nutritional
content standards by the director shall submit a corrective action
plan to the director for approval which sets forth the steps to be
taken to ensure full compliance.
56. Develop and implement a plan to provide, at least twice
annually to all principals and guidance counselors employed by school
districts and accredited nonpublic schools, notice describing how
students can find and use the articulation information available on
the website maintained by the state board of regents. The plan shall
include suggested methods for elementary and secondary schools and
community colleges to effectively communicate information about the
articulation website to the following:
a. To all elementary and secondary school students interested
in or potentially interested in attending a community college or
institution of higher education governed by the state board of
regents.
b. To all community college students interested in or
potentially interested in admission to a baccalaureate degree program
offered by an institution of higher education governed by the state
board of regents.
57. Grant to public school districts and accredited nonpublic
schools waivers from statutory obligations with which the entities
cannot reasonably comply within two years after a disaster as defined
in section 29C.2, subsection 1.
58. Report to the general assembly annually by January 1,
beginning January 1, 2010, about the necessity of waiving any
statutory obligations for school districts, as authorized under
section 256.7, due to a disaster as defined in section 29C.2,
subsection 1. The department's report shall specify each waiver and
the determination for granting each waiver. The department shall
provide the report to the speaker of the house and president of the
senate and to the chairpersons of the appropriate standing committees
of the general assembly. Section History: Recent Form
86 Acts, ch 1245, § 1409; 87 Acts, ch 115, § 36; 88 Acts, ch 1114,
§ 1; 88 Acts, ch 1158, § 54; 88 Acts, ch 1263, § 1; 89 Acts, ch 155,
§ 2; 89 Acts, ch 206, § 6; 90 Acts, ch 1152, § 1; 90 Acts, ch 1253, §
6, 122; 90 Acts, ch 1271, § 1101; 91 Acts, ch 84, §2; 91 Acts, ch
126, §1; 92 Acts, ch 1158, §3; 92 Acts, ch 1159, §1, 6; 92 Acts, ch
1221, §2; 92 Acts, ch 1246, §27; 93 Acts, ch 48, § 14, 15; 94 Acts,
ch 1091, §4--12; 98 Acts, ch 1215, § 23, 63; 99 Acts, ch 192, §30;
2000 Acts, ch 1081, §1; 2000 Acts, ch 1167, §2; 2001 Acts, ch 161,
§14; 2001 Acts, ch 181, §12; 2002 Acts, ch 1140, §5; 2002 Acts, ch
1152, §2; 2002 Acts, 2nd Ex, ch 1003, §92, 95; 2003 Acts, ch 145,
§222; 2003 Acts, ch 180, §3, 4; 2005 Acts, ch 115, §29, 40; 2005
Acts, ch 169, § 18; 2005 Acts, ch 179, §91; 2006 Acts, ch 1152, §18;
2007 Acts, ch 98, §1; 2007 Acts, ch 108, §3; 2007 Acts, ch 214, §18;
2008 Acts, ch 1127, §2, 3; 2008 Acts, ch 1187, §141; 2008 Acts, ch
1191, §156; 2009 Acts, ch 54, §2; 2009 Acts, ch 65, §2, 3; 2009 Acts,
ch 168, §1
Referred to in § 256.7, 256F.4, 257.50, 273.2, 279.50, 282.11,
284.3, 284.6, 284.8
256.10 EMPLOYMENT OF PROFESSIONAL STAFF.
1. The salary of the director shall be fixed by the governor
within a range established by the general assembly.
2. Appointments to the professional staff of the department shall
be without reference to political party affiliation, religious
affiliation, sex, or marital status, but shall be based solely upon
fitness, ability, and proper qualifications for the particular
position. The professional staff shall serve at the discretion of
the director. A member of the professional staff shall not be
dismissed for cause without appropriate due process procedures
including a hearing.
3. The director may employ full-time professional staff for less
than twelve months each year, but such staff shall be employed by the
director for at least nine months of each year. Salaries for
full-time professional staff employed as provided in this subsection
shall be comparable to other professional staff, adjusting for time
worked. Salaries for professional staff employed for periods of less
than twelve months shall be paid during each month of the year in
which they are employed on the same schedule as full-time permanent
professional staff. The director shall provide for and the
department shall pay for health and dental insurance benefits for
twelve months each year for the full-time professional staff employed
as provided in this subsection, and the health and dental insurance
benefits provided shall be comparable to the benefits provided to all
other professional staff employed by the director. Section History: Recent Form
86 Acts, ch 1245, § 1410; 97 Acts, ch 212, §21; 2002 Acts, ch
1140, §6
Referred to in § 256.9
256.10A DUTIES OF CONSULTANTS.
Consultants employed by the director and paid from the fund
created by section 8.41 from moneys received from Pub. L. No. 97-35,
Title V, subtitle D, ch. 2, shall assist those employees designated
by the department as school improvement specialists in helping school
districts to participate in school improvement activities identified
as a result of the accreditation process conducted pursuant to
section 256.11. The department shall assign consultants to assist
school districts that the department determines are most in need of
participation in school improvement activities.
For the purpose of this section, "school improvement
specialist" means a consultant employed by the department who is
responsible for the accreditation of school districts under section
256.11. Section History: Recent Form
87 Acts, ch 233, §450
256.11 EDUCATIONAL STANDARDS.
The state board shall adopt rules under chapter 17A and a
procedure for accrediting all public and nonpublic schools in Iowa
offering instruction at any or all levels from the prekindergarten
level through grade twelve. The rules of the state board shall
require that a multicultural, gender fair approach is used by schools
and school districts. The educational program shall be taught from a
multicultural, gender fair approach. Global perspectives shall be
incorporated into all levels of the educational program. The rules
adopted by the state board pursuant to section 256.17, Code
Supplement 1987, to establish new standards shall satisfy the
requirements of this section to adopt rules to implement the
educational program contained in this section. The educational
program shall be as follows:
1. a. If a school offers a prekindergarten program, the
program shall be designed to help children to work and play with
others, to express themselves, to learn to use and manage their
bodies, and to extend their interests and understanding of the world
about them. The prekindergarten program shall relate the role of the
family to the child's developing sense of self and perception of
others. Planning and carrying out prekindergarten activities
designed to encourage cooperative efforts between home and school
shall focus on community resources. Except as otherwise provided in
this subsection, a prekindergarten teacher shall hold a license
certifying that the holder is qualified to teach in prekindergarten.
A nonpublic school which offers only a prekindergarten may, but is
not required to, seek and obtain accreditation.
b. If the board of directors of a school district contracts
for the operation of a prekindergarten program, the program shall be
under the oversight of an appropriately licensed teacher. If the
program contracted with was in existence on July 1, 1989, oversight
of the program shall be provided by the district. If the program
contracted with was not in existence on July 1, 1989, the director of
the program shall be a licensed teacher and the director shall
provide program oversight. Any director of a program contracted with
by a school district under this section who is not a licensed teacher
is required to register with the department of education.
c. For the purposes of this subsection, "prekindergarten
program" includes but is not limited to a school district's
implementation of the preschool program established pursuant to
chapter 256C.
2. The kindergarten program shall include experiences designed to
develop healthy emotional and social habits and growth in the
language arts and communication skills, as well as a capacity for the
completion of individual tasks, and protect and increase physical
well-being with attention given to experiences relating to the
development of life skills and human growth and development. A
kindergarten teacher shall be licensed to teach in kindergarten. An
accredited nonpublic school must meet the requirements of this
subsection only if the nonpublic school offers a kindergarten
program.
3. The following areas shall be taught in grades one through six:
English-language arts, social studies, mathematics, science, health,
age-appropriate and research-based human growth and development,
physical education, traffic safety, music, and visual art. The
health curriculum shall include the characteristics of communicable
diseases including acquired immune deficiency syndrome. The state
board as part of accreditation standards shall adopt curriculum
definitions for implementing the elementary program.
4. The following shall be taught in grades seven and eight:
English-language arts; social studies; mathematics; science; health;
age-appropriate and research-based human growth and development;
family, consumer, career, and technology education; physical
education; music; and visual art. The health curriculum shall
include age-appropriate and research-based information regarding the
characteristics of sexually transmitted diseases, including HPV and
the availability of a vaccine to prevent HPV, and acquired immune
deficiency syndrome. The state board as part of accreditation
standards shall adopt curriculum definitions for implementing the
program in grades seven and eight. However, this subsection shall
not apply to the teaching of family, consumer, career, and technology
education in nonpublic schools. For purposes of this section,
"age-appropriate", "HPV", and "research-based" mean the
same as defined in section 279.50.
5. In grades nine through twelve, a unit of credit consists of a
course or equivalent related components or partial units taught
throughout the academic year. The minimum program to be offered and
taught for grades nine through twelve is:
a. Five units of science including physics and chemistry; the
units of physics and chemistry may be taught in alternate years.
b. Five units of the social studies including instruction in
voting statutes and procedures, voter registration requirements, the
use of paper ballots and voting systems in the election process, and
the method of acquiring and casting an absentee ballot. All students
shall complete a minimum of one-half unit of United States government
and one unit of United States history. The one-half unit of United
States government shall include the voting procedure as described in
this lettered paragraph and section 280.9A. The government
instruction shall also include a study of the Constitution of the
United States and the Bill of Rights contained in the Constitution
and an assessment of a student's knowledge of the Constitution and
the Bill of Rights.
c. Six units of English-language arts.
d. Four units of a sequential program in mathematics.
e. Two additional units of mathematics.
f. Four sequential units of one foreign language other than
American sign language. Provision of instruction in American sign
language shall be in addition to and not in lieu of provision of
instruction in other foreign languages. The department may waive the
third and fourth years of the foreign language requirement on an
annual basis upon the request of the board of directors of a school
district or the authorities in charge of a nonpublic school if the
board or authorities are able to prove that a licensed teacher was
employed and assigned a schedule that would have allowed students to
enroll in a foreign language class, the foreign language class was
properly scheduled, students were aware that a foreign language class
was scheduled, and no students enrolled in the class.
g. All students physically able shall be required to
participate in physical education activities during each semester
they are enrolled in school except as otherwise provided in this
paragraph. A minimum of one-eighth unit each semester is required.
A twelfth grade student who meets the requirements of this paragraph
may be excused from the physical education requirement by the
principal of the school in which the student is enrolled if the
parent or guardian of the student requests in writing that the
student be excused from the physical education requirement. A
student who wishes to be excused from the physical education
requirement must be seeking to be excused in order to enroll in
academic courses not otherwise available to the student, or be
enrolled or participating in one of the following:
(1) A cooperative or work-study program or other educational
program authorized by the school which requires the student to leave
the school premises for specified periods of time during the school
day.
(2) An organized and supervised athletic program which requires
at least as much participation per week as one-eighth unit of
physical education.
Students in grades nine through eleven may be excused from the
physical education requirement in order to enroll in academic courses
not otherwise available to the student if the board of directors of
the school district in which the school is located, or the
authorities in charge of the school, if the school is a nonpublic
school, determine that students from the school may be permitted to
be excused from the physical education requirement. A student may be
excused by the principal of the school in which the student is
enrolled, in consultation with the student's counselor, for up to one
semester, trimester, or the equivalent of a semester or trimester,
per year if the parent or guardian of the student requests in writing
that the student be excused from the physical education requirement.
The student seeking to be excused from the physical education
requirement must, at some time during the period for which the excuse
is sought, be a participant in an organized and supervised athletic
program which requires at least as much time of participation per
week as one-eighth unit of physical education.
The principal of the school shall inform the superintendent of the
school district or nonpublic school that the student has been
excused. Physical education activities shall emphasize leisure time
activities which will benefit the student outside the school
environment and after graduation from high school.
h. A minimum of three sequential units in at least four of
the following six vocational service areas: agriculture, business or
office occupations, health occupations, family and consumer sciences
or home economics occupations, industrial technology or trade and
industrial education, and marketing education. Instruction shall be
competency-based, articulated with postsecondary programs of study,
and include field, laboratory, or on-the-job training. Each
sequential unit shall include instruction in a minimum set of
competencies established by the department of education that relate
to the following: new and emerging technologies; job-seeking,
job-adaptability, and other employment, self-employment and
entrepreneurial skills that reflect current industry standards and
labor-market needs; and reinforcement of basic academic skills. The
instructional programs shall also comply with the provisions of
chapter 258 relating to vocational education. However, this
paragraph does not apply to the teaching of vocational education in
nonpublic schools.
The department of education shall permit school districts, in
meeting the requirements of this section, to use vocational core
courses in more than one vocational service area and to use
multi-occupational courses to complete a sequence in more than one
vocational service area.
i. Three units in the fine arts which shall include at least
two of the following: dance, music, theatre, and visual art.
j. One unit of health education which shall include personal
health; food and nutrition; environmental health; safety and survival
skills; consumer health; family life; age-appropriate and
research-based human growth and development; substance abuse and
nonuse; emotional and social health; health resources; and prevention
and control of disease, including age-appropriate and research-based
information regarding sexually transmitted diseases, including HPV
and the availability of a vaccine to prevent HPV, and acquired immune
deficiency syndrome.
The state board as part of accreditation standards shall adopt
curriculum standards for implementing the program in grades nine
through twelve.
6. a. A pupil is not required to enroll in either physical
education or health courses, or meet the requirements of paragraph
"b" or "c", if the pupil's parent or guardian files a written
statement with the school principal that the course or activity
conflicts with the pupil's religious belief.
b. (1) All physically able students in kindergarten through
grade five shall be required to engage in a physical activity for a
minimum of thirty minutes per school day.
(2) All physically able students in grades six through twelve
shall be required to engage in a physical activity for a minimum of
one hundred twenty minutes per week. A student participating in an
organized and supervised athletic program or non-school-sponsored
extracurricular activity which requires the student to participate in
physical activity for a minimum of one hundred twenty minutes per
week is exempt from the requirements of this subparagraph.
(3) The department shall collaborate with stakeholders on the
development of daily physical activity requirements and the
development of models that describe ways in which school districts
and schools may incorporate the physical activity requirement of this
paragraph into the educational program. A school district or
accredited nonpublic school shall not reduce instructional time for
academic courses in order to meet the requirements of this paragraph.
c. Every student by the end of grade twelve shall complete a
certification course for cardiopulmonary resuscitation. The
administrator of a school may waive this requirement if the student
is not physically able to successfully complete the training. A
student is exempt from the requirement of this paragraph if the
student presents satisfactory evidence to the school district or
accredited nonpublic school that the student possesses
cardiopulmonary resuscitation certification.
7. Programs that meet the needs of each of the following:
a. Pupils requiring special education.
b. Gifted and talented pupils.
c. At-risk students.
8. Upon request of the board of directors of a public school
district or the authorities in charge of a nonpublic school, the
director may, for a number of years to be specified by the director,
grant the district board or the authorities in charge of the
nonpublic school exemption from one or more of the requirements of
the educational program specified in subsection 5. The exemption may
be renewed. Exemptions shall be granted only if the director deems
that the request made is an essential part of a planned innovative
curriculum project which the director determines will adequately meet
the educational needs and interests of the pupils and be broadly
consistent with the intent of the educational program as defined in
subsection 5. The request for exemption shall include all of the
following:
a. Rationale of the project to include supportive research
evidence.
b. Objectives of the project.
c. Provisions for administration and conduct of the project,
including the use of personnel, facilities, time, techniques, and
activities.
d. Plans for evaluation of the project by testing and
observational measures of pupil progress in reaching the objectives.
e. Plans for revisions of the project based on evaluation
measures.
f. Plans for periodic reports to the department.
g. The estimated cost of the project.
9. Beginning July 1, 2006, each school district shall have a
qualified teacher librarian who shall be licensed by the board of
educational examiners under chapter 272. The state board shall
establish in rule a definition of and standards for an articulated
sequential kindergarten through grade twelve media program. A school
district that entered into a contract with an individual for
employment as a media specialist or librarian prior to June 1, 2006,
shall be considered to be in compliance with this subsection until
June 30, 2011, if the individual is making annual progress toward
meeting the requirements for a teacher librarian endorsement issued
by the board of educational examiners under chapter 272. A school
district that entered into a contract with an individual for
employment as a media specialist or librarian who holds at least a
master's degree in library and information studies shall be
considered to be in compliance with this subsection until the
individual leaves the employ of the school district.
9A. Beginning July 1, 2007, each school district shall have a
qualified guidance counselor who shall be licensed by the board of
educational examiners under chapter 272. Each school district shall
work toward the goal of having one qualified guidance counselor for
every three hundred fifty students enrolled in the school district.
The state board shall establish in rule a definition of and standards
for an articulated sequential kindergarten through grade twelve
guidance and counseling program.
9B. Beginning July 1, 2007, each school district shall have a
school nurse to provide health services to its students. Each school
district shall work toward the goal of having one school nurse for
every seven hundred fifty students enrolled in the school district.
For purposes of this subsection, "school nurse" means a person
who holds an endorsement or a statement of professional recognition
for school nurses issued by the board of educational examiners under
chapter 272.
10. The state board shall establish an accreditation process for
school districts and nonpublic schools seeking accreditation pursuant
to this subsection and subsections 11 and 12. By July 1, 1989, all
school districts shall meet standards for accreditation. For the
school year commencing July 1, 1989, and school years thereafter, the
department of education shall use a two-phase process for the
continued accreditation of schools and school districts.
a. Phase I shall consist of annual monitoring by the
department of education of all accredited schools and school
districts for compliance with accreditation standards adopted by the
state board of education as provided in this section. The phase I
monitoring requires that accredited schools and school districts
annually complete accreditation compliance forms adopted by the state
board and file them with the department of education. Phase I
monitoring requires a comprehensive desk audit of all accredited
schools and school districts including review of accreditation
compliance forms, accreditation visit reports, methods of
administration reports, and reports submitted in compliance with
section 256.7, subsection 21, paragraph "a", and section 280.12.
The department shall conduct site visits to schools and school
districts to address accreditation issues identified in the desk
audit. Such a visit may be conducted by an individual departmental
consultant or may be a comprehensive site visit by a team of
departmental consultants and other educational professionals. The
purpose of a comprehensive site visit is to determine that a district
is in compliance with minimum standards and to provide a general
assessment of educational practices in a school or school district
and make recommendations with regard to the visit findings for the
purposes of improving educational practices above the level of
minimum compliance. The department shall establish a long-term
schedule of site visits that includes visits of all accredited
schools and school districts as needed.
b. (1) Phase II requires the use of an accreditation
committee, appointed by the director of the department of education,
to conduct an on-site visit to an accredited school or school
district if any of the following conditions exist:
(a) When either the annual monitoring or the biennial on-site
visit of phase I indicates that a school or school district is
deficient and fails to be in compliance with accreditation standards.
(b) In response to a petition filed with the director requesting
such a committee visitation that is signed by eligible electors
residing in the school district equal in number to at least twenty
percent of the registered voters of the school district.
(c) In response to a petition filed with the director requesting
such a committee visitation that is signed by twenty percent or more
of the parents or guardians who have children enrolled in the school
or school district.
(d) At the direction of the state board of education.
(e) The school budget review committee submits to the department
a recommendation for a fiscal review pursuant to section 257.31,
subsection 18.
(2) The number and composition of the membership of an
accreditation committee shall be determined by the director and may
vary due to the specific nature or reason for the visit. In all
situations, however, the chairperson and a majority of the committee
membership shall be from the instructional and administrative program
specialty staff of the department of education. Other members may
include instructional and administrative staff from school districts,
area education agencies, institutions of higher education, local
board members and the general public. An accreditation committee
visit to a nonpublic school requires membership on the committee from
nonpublic school instructional or administrative staff or board
members. A member of a committee shall not have a direct interest in
the nonpublic school or school district being visited.
(3) Rules adopted by the state board may include provisions for
coordination of the accreditation process under this section with
activities of accreditation associations.
(4) Prior to a visit to a school district or nonpublic school,
members of the accreditation committee shall have access to all
annual accreditation report information filed with the department by
that nonpublic school or school district.
(5) After visiting the school district or nonpublic school, the
accreditation committee shall determine whether the accreditation
standards have been met and shall make a report to the director,
together with a recommendation whether the school district or
nonpublic school shall remain accredited. If the recommendation is
that a school district or nonpublic school not remain accredited, the
accreditation committee shall provide the school district or
nonpublic school with a report that includes a list of all of the
deficiencies, a plan prescribing the actions that must be taken to
correct the deficiencies, and a deadline date for completion of the
prescribed actions. The accreditation committee shall advise the
school district or nonpublic school of available resources and
technical assistance to improve areas of weakness. The school
district or nonpublic school shall be provided with the opportunity
to respond to the accreditation committee's report. The director
shall review the accreditation committee's report and the response of
the school district or nonpublic school and shall provide a report to
the state board along with copies of the accreditation committee's
report, the response to the accreditation committee's report, and
other pertinent information. At the request of the school district
or nonpublic school, the school district or nonpublic school may
appear before the state board and address the state board directly
regarding any part of the plan specified in the report. The state
board may modify the plan. During the period of time specified in
the plan for its implementation by a school district or nonpublic
school, the school district or school shall remain accredited.
11. The accreditation committee shall revisit the school district
or nonpublic school and shall determine whether the deficiencies in
the standards have been corrected.
a. The accreditation team shall make a report and
recommendation to the director and the state board. The committee
recommendation shall specify whether the school district or nonpublic
school shall remain accredited. For a school district, the committee
report and recommendation shall also specify under what conditions
the district may remain accredited. The conditions may include but
are not limited to providing temporary oversight authority,
operational authority, or both oversight and operational authority to
the director and the state board for some or all aspects of the
school district in order to bring the school district into compliance
with minimum standards.
b. The state board shall review the report and
recommendation, may request additional information, and shall
determine whether the deficiencies have been corrected.
c. If the deficiencies have not been corrected, and the
conditional accreditation alternatives contained in the report are
not mutually acceptable to the state board and the local board, the
state board shall merge the territory of the school district with one
or more contiguous school districts at the end of the school year.
The state board may place a district under receivership for the
remainder of the school year. The receivership shall be under the
direct supervision and authority of the area education agency in
which the district is located. The decision of whether to merge the
school district and require payment of tuition for the district's
students or to place the district under receivership shall be based
upon a determination by the state board of the best interests of the
students, parents, residents of the community, teachers,
administrators, and school district board members and upon the
recommendations of the accreditation committee and the director.
d. In the case of a nonpublic school, if the deficiencies
have not been corrected, the state board may declare a nonpublic
school to be nonaccredited. The removal of accreditation shall take
effect on the date established by the resolution of the state board,
which shall be no later than the end of the school year in which the
nonpublic school is declared to be nonaccredited.
12. If the state board removes accreditation from a school
district and merges the territory of the school district with one or
more contiguous school districts, the district whose accreditation is
removed ceases to exist as a school corporation on the effective date
set by the state board for removal of accreditation. Notwithstanding
any other provision of law, the contiguous school districts receiving
territory of the former school district whose accreditation was
removed are not considered successor school corporations of the
former district.
a. Division of assets and liabilities of the school district
whose accreditation was removed shall be as provided in sections
275.29 through 275.31.
(1) If one or more of the contiguous school districts receiving
assets and liabilities of the school district whose accreditation was
removed utilizes the equalization levy, only that territory in the
school district imposing the equalization levy that comprises
territory of the former school district shall be taxed.
(2) Income surtax revenue and revenues generated by property
taxes shall be distributed proportionately based on taxable value of
the territory received by one or more school districts contiguous to
the former school district whose accreditation was removed.
(3) Revenues that are based on student enrollment shall be
distributed based on percentages of students of the school district
whose accreditation was removed who now reside in territory received
by one or more school districts contiguous to the school district
whose accreditation was removed.
b. Prior to the effective date set by the state board for
removal of accreditation, the school district whose accreditation is
to be removed shall remain responsible for, and may retain such
authority as is necessary to complete, all of the following:
(1) Execution of one or more quitclaim deeds, in fulfillment of
the merger of territory received by one or more contiguous school
districts from the former school district whose accreditation was
removed.
(2) Preparation of and payment for a final audit of all the
district's financial accounts.
(3) Preparation and certification of a final certified annual
report to the department.
c. The provisions of section 275.57 apply when removal of
accreditation from a school district and merger of its territory with
a contiguous school district that is currently divided into director
districts leads to the formation of new director districts.
13. Notwithstanding subsections 1 through 12 and as an exception
to their requirements, a private high school or private combined
junior-senior high school operated for the express purpose of
teaching a program designed to qualify its graduates for
matriculation at accredited four-year or equivalent liberal arts,
scientific, or technological colleges or universities shall be placed
on a special accredited list of college preparatory schools, which
list shall signify accreditation of the school for that express
purpose only, if:
a. The school complies with minimum standards established by
the Code other than this section, and rules adopted under the Code,
applicable to:
(1) Courses comprising the limited program.
(2) Health requirements for personnel.
(3) Plant facilities.
(4) Other environmental factors affecting the programs.
b. At least eighty percent of those graduating from the
school within the four most recent calendar years, other than those
graduating who are aliens, graduates entering military or alternative
civilian service, or graduates deceased or incapacitated before
college acceptance, have been accepted by accredited four-year or
equivalent liberal arts, scientific, or technological colleges or
universities.
c. A school claiming to be a private college preparatory
school which fails to comply with the requirement of paragraph
"b" of this subsection shall be placed on the special accredited
list of college preparatory schools probationally if the school
complies with the requirements of paragraph "a" of this
subsection, but a probational accreditation shall not continue for
more than four successive years.
14. Notwithstanding subsections 1 through 13 and as an exception
to their requirements, a nonpublic grade school which is reopening is
accredited even if it does not have a complete grade one through
grade six program. However, the nonpublic grade school must comply
with other minimum standards established by law and administrative
rules adopted pursuant to the law and the nonpublic grade school must
show progress toward reaching a grade one through grade six program.
15. The board of directors of a school district or the
authorities in charge of a nonpublic school may award credit toward
graduation to a student if the student successfully completes basic
training for service as a member of the Iowa army national guard, the
Iowa air national guard, the active military forces of the United
States, the army national guard of the United States, or the air
national guard of the United States. Section History: Recent Form
86 Acts, ch 1245, § 1411; 87 Acts, ch 224, § 26; 87 Acts, ch 233,
§ 451; 88 Acts, ch 1018, §1, 2; 88 Acts, ch 1262, §1, 2; 89 Acts, ch
210, § 4, 5; 89 Acts, ch 265, § 23--26; 89 Acts, ch 278, §1, 2; 89
Acts, ch 319, § 39, 40; 90 Acts, ch 1272, §32, 39, 40; 91 Acts, ch
104, §1; 91 Acts, ch 193, §1; 92 Acts, ch 1088, §1; 92 Acts, ch 1127,
§1, 2; 92 Acts, ch 1159, §2; 92 Acts, ch 1163, § 58; 93 Acts, ch 127,
§ 1, 2; 94 Acts, ch 1091, §13; 94 Acts, ch 1152, §1; 2001 Acts, ch
56, §11; 2001 Acts, ch 159, §1--3; 2002 Acts, ch 1140, §7; 2004 Acts,
ch 1027, §1; 2005 Acts, ch 3, §55; 2006 Acts, ch 1182, §2; 2007 Acts,
ch 42, §1; 2007 Acts, ch 98, §2, 3; 2007 Acts, ch 108, §4; 2007 Acts,
ch 148, §7; 2008 Acts, ch 1031, §42; 2008 Acts, ch 1187, §142, 145;
2009 Acts, ch 50, §1, 2; 2009 Acts, ch 57, §74
Referred to in § 161A.7, 237.1, 237A.1, 256.7, 256.9, 256.10A,
256.11A, 257.11, 257.31, 258.4, 258.16, 260C.18A, 273.2, 279.50,
280.2, 280.3, 282.18, 285.16, 299.2, 299.24, 422.11S, 422.12, 455E.8,
483A.27, 714.19
Vocational agriculture education; § 280.20 Footnotes
Fitness working group to develop recommendations for
implementation of proposed physical activity requirements; 2008 Acts,
ch 1187, § 144
256.11A TEACHER LIBRARIAN -- GUIDANCE COUNSELOR --
SCHOOL NURSE -- WAIVERS.
1. The board of directors of a school district may file a written
request with the department of education that the department waive
the following requirements adopted by the state board as follows:
a. By August 1, 2007, for the school year beginning July 1,
2007, apply for a one-year extension of a waiver granted for the
previous school year beginning July 1, 2006, that the school district
have a qualified teacher librarian.
b. By August 1, 2007, for the school year beginning July 1,
2007, that the school district have a qualified guidance counselor.
The board of directors of the school district may, not later than
August 1, 2008, for the school year beginning July 1, 2008, apply for
a one-year extension of the waiver.
c. By August 1, 2007, for the school year beginning July 1,
2007, that the school district have a school nurse. The board of
directors of the school district may, not later than August 1, 2008,
for the school year beginning July 1, 2008, apply for a one-year
extension of the waiver.
2. A request for a waiver filed by the board of directors of a
school district pursuant to subsection 1 shall describe actions being
taken by the district to meet the requirement for which the district
has requested a waiver. A school district cannot request a waiver of
a requirement under subsection 1 if it met the requirements of
section 256.11, subsection 9, 9A, or 9B, as applicable, in the
previous school year. Section History: Recent Form
88 Acts, ch 1262, § 3; 89 Acts, ch 210, § 6; 90 Acts, ch 1272, §
41; 92 Acts, ch 1159, §3; 93 Acts, ch 4, § 1; 93 Acts, ch 52, § 1; 94
Acts, ch 1091, §14; 95 Acts, ch 96, §1; 2006 Acts, ch 1182, §3; 2007
Acts, ch 108, §5
256.11B VOCATIONAL EDUCATION INSTRUCTION -- NONPUBLIC
SCHOOLS.
A nonpublic school which provides an educational program that
includes grades nine through twelve shall offer and teach five units
of occupational education subjects, which may include, but are not
limited to, programs, services, and activities which prepare students
for employment in business or office occupations, trade and
industrial occupations, consumer and family sciences or home
economics occupations, agriculture occupations, marketing
occupations, and health occupations. By July 1, 1993, instruction
shall be competency-based, articulated with postsecondary programs of
study, and may include field, laboratory, or on-the-job training. Section History: Recent Form
92 Acts, ch 1127, §3
256.12 SHARING INSTRUCTORS AND SERVICES.
1. The director, when necessary to realize the purposes of this
chapter, shall approve the enrollment in public schools for specified
courses of students who also are enrolled in private schools, when
the courses in which they seek enrollment are not available to them
in their private schools, provided the students have satisfactorily
completed prerequisite courses, if any, or have otherwise shown
equivalent competence through testing. Courses made available to
students in this manner shall be considered as compliance by the
private schools in which the students are enrolled with any standards
or laws requiring private schools to offer or teach the courses.
2. This section does not deprive the respective boards of public
school districts of any of their legal powers, statutory or
otherwise, and in accepting the specially enrolled students, each of
the boards shall prescribe the terms of the special enrollment,
including but not limited to scheduling of courses and the length of
class periods. In addition, the board of the affected public school
district shall be given notice by the department of its decision to
permit the special enrollment not later than six months prior to the
opening of the affected public school district's school year, except
that the board of the public school district may waive the notice
requirement. School districts and area education agency boards shall
make public school services, which shall include special education
programs and services and may include health services, services for
remedial education programs, guidance services, and school testing
services, available to children attending nonpublic schools in the
same manner and to the same extent that they are provided to public
school students. Service activities shall be similar to those
undertaken for public school students. Health services, special
education support, and related services provided by area education
agencies for the purpose of identifying children with disabilities,
assistance with physical and communications needs of students with
physical disabilities, and services of an educational interpreter may
be provided on nonpublic school premises with the permission of the
lawful custodian of the property. Other special education services
may be provided on nonpublic school premises at the discretion of the
school district or area education agency provider of the service and
with the permission of the lawful custodian of the property.
Students enrolled in nonpublic schools who receive services
pursuant to this subsection shall be weighted at the level provided
for in section 256B.9, subsection 1.
A local school district providing services pursuant to this
subsection shall submit an accounting to the department of education
by August 1 following the school year for the actual costs of the
special education programs and services provided. The department
shall review and approve or modify the accounting by September 1 and
shall notify the department of administrative services of the
approved accounting amount. The department of administrative
services shall adjust the September payment to the local school
district for the next fiscal year by the difference between the
amount generated by the weighting for the provision of services to
nonpublic school students, as provided in this subsection, and the
amount of the actual costs as reflected in the local school
district's accounting. Any amount paid by the department of
administrative services shall be deducted monthly from the state
foundation aid paid under section 257.16 during that fiscal year to
all school districts in the state. The portion of the total amount
of the approved accounting amount that shall be deducted from the
state aid of a school district shall be the same as the ratio that
the budget enrollment for the budget year of the school district
bears to the total budget enrollment in the state for that budget
year. Section History: Recent Form
86 Acts, ch 1245, § 1412; 93 Acts, ch 101, § 101; 94 Acts, ch
1161, §1; 98 Acts, ch 1096, §1; 2003 Acts, ch 145, §286; 2006 Acts,
ch 1152, §19
Referred to in § 256B.9, 273.2
256.13 NONRESIDENT PUPILS.
The boards of directors of two or more school districts may by
agreement provide for attendance of pupils residing in one district
in the schools of another district for the purpose of taking courses
not offered in the district of their residence. The boards may also
provide by agreement that the districts will combine their
enrollments for one or more grades. Courses and grades made
available to students in this manner shall be considered as complying
with any standards or laws requiring the offering of such courses and
grades. The boards of directors of districts entering into such
agreements may provide for sharing the costs and expenses of the
courses. If the agreement provides for whole grade sharing, the
costs and expenses shall be paid as provided in sections 282.10
through 282.12. Section History: Recent Form
86 Acts, ch 1245, § 1413; 87 Acts, ch 224, § 27
Referred to in § 275.1, 275.2, 282.10
256.14 PERMANENT REVOLVING FUND.
1. A permanent revolving fund is established for the department.
Expenses incurred by the department from this fund shall be paid
subject to reimbursement by the federal government.
2. There is appropriated from the general fund of the state to
the department of education the sum of one hundred twenty-five
thousand dollars for the purpose of establishing the fund created by
subsection 1. If any surplus accrues to the revolving fund in excess
of the original appropriation for which there is no anticipated need
or use, the governor shall order the surplus to be transferred to the
general fund. Section History: Recent Form
86 Acts, ch 1244, § 32; 86 Acts, ch 1245, § 1414
256.15 NONPUBLIC SCHOOL ADVISORY COMMITTEE.
A nonpublic school advisory committee is established which
consists of five members, to be appointed by the governor, each of
them to be a citizen of the United States and a resident of the state
of Iowa. The term of the members is four years. The duties of the
committee are to advise the state board and the director on matters
affecting nonpublic schools, including but not limited to the
establishment of standards for teacher certification and the
establishment of standards for, and approval of, all nonpublic
schools. Notice of meetings of the state board shall be sent by the
director to members of the committee.
Committee members shall be reimbursed for actual and necessary
expenses incurred in performance of their duties. Members may also
be eligible to receive compensation as provided in section 7E.6. The
expense money shall be paid from the appropriations to the department
of education. Section History: Recent Form
86 Acts, ch 1245, § 1415
256.16 SPECIFIC CRITERIA FOR TEACHER PREPARATION AND
CERTAIN EDUCATORS.
1. Pursuant to section 256.7, subsection 5, the state board shall
adopt rules requiring all higher education institutions providing
practitioner preparation to do the following:
a. Administer a basic skills test to practitioner preparation
program admission candidates. Rules adopted shall require
institutions to deny admission to the program to any candidate who
does not successfully pass the test.
b. Include preparation in reading programs, including reading
recovery, and integrate reading strategies into content area methods
coursework.
c. Include in the professional education program, preparation
that contributes to the education of students with disabilities and
students who are gifted and talented, and preparation in classroom
management addressing high-risk behaviors including, but not limited
to, behaviors related to substance abuse. Preparation required under
this paragraph must be successfully completed before graduation from
the practitioner preparation program.
2. A person initially applying for a license shall successfully
complete a professional education program containing the subject
matter specified in this section, before the initial action by the
board of educational examiners takes place. Section History: Recent Form
86 Acts, ch 1245, § 1416; 89 Acts, ch 265, § 27; 96 Acts, ch 1129,
§ 67; 99 Acts, ch 191, §1
256.17 POSTSECONDARY COURSE AUDIT COMMITTEE.
1. The department shall establish and facilitate a postsecondary
course audit committee which shall annually audit postsecondary
courses offered to high school students in accordance with chapter
261E.
2. The committee shall include but not be limited to
representatives from the kindergarten through grade twelve education
community, community colleges, and regents universities.
3. The committee shall establish a sampling technique that
randomly selects courses for audit. The audit shall include but not
be limited to a review of the course syllabus, teacher
qualifications, examples of student products, and results of student
assessments. Standards for review shall be established by the
committee and approved by the department. Audit findings shall be
submitted to the institutions providing the classes audited and shall
be posted on the department's internet site.
4. If the committee determines that a postsecondary course
offered to high school students in accordance with chapter 261E does
not meet the standards established by the committee pursuant to
subsection 3, the course shall not be eligible for future
supplementary weighting under section 257.11. If the institution
makes changes to the course sufficient to cause the course to meet
the standards of the committee, the committee may reinstate the
eligibility of the course for future supplementary weighting under
section 257.11. Section History: Recent Form
2008 Acts, ch 1181, §44
256.18 CHARACTER EDUCATION POLICY.
1. a. It is the policy of the general assembly that Iowa's
schools be the best and safest possible. To that end, each school is
encouraged to instill the highest character and academic excellence
in each student, in close cooperation with the student's parents, and
with input from the community and educators.
b. Schools should make every effort, formally and informally,
to stress character qualities that will maintain a safe and orderly
learning environment, and that will ultimately equip students to be
model citizens. These qualities may include caring, civic virtue and
citizenship, justice and fairness, respect, responsibility,
trustworthiness, giving, honesty, self-discipline, respect for and
obedience to the law, citizenship, courage, initiative, commitment,
perseverance, kindness, compassion, service, loyalty, patience, the
dignity and necessity of hard work, and any other qualities deemed
appropriate by a school.
2. The department of education shall assist schools in accessing
financial and curricular resources to implement programs stressing
these character qualities. Schools are encouraged to use their
existing resources to implement programs stressing these qualities.
Whenever possible, the department shall develop partnerships with
schools, nonprofit organizations, or an institution of higher
education, or with a consortium of two or more of those entities, to
design and implement character education programs that may be
integrated into classroom instruction and may be carried out with
other educational reforms. Section History: Recent Form
94 Acts, ch 1131, §1; 2002 Acts, ch 1083, §1; 2003 Acts, ch 180,
§6; 2009 Acts, ch 54, §3
256.18A SERVICE LEARNING.
The board of directors of a school district or the authorities in
charge of a nonpublic school may require a certain number of service
learning units as a condition for the inclusion of a service learning
endorsement on a student's diploma or as a condition of graduation
from the district or school. For purposes of this paragraph,
"service learning" means a method of teaching and learning which
engages students in solving problems and addressing issues in their
school or greater community as part of the academic curriculum. Section History: Recent Form
2003 Acts, ch 27, §1
256.19 PILOT PROJECTS TO IMPROVE INSTRUCTIONAL
PROGRAMS.
For fiscal years in which moneys are appropriated by the general
assembly for the purpose of conducting pilot projects as approved by
the state board of education to improve school district instructional
programs, the state board of education shall notify the department of
administrative services of the amounts necessary for each pilot
project in order to reimburse the school districts for costs related
to the approved pilot projects. Section History: Recent Form
87 Acts, ch 224, § 30; 89 Acts, ch 265, § 40; 91 Acts, ch 126, §2;
2003 Acts, ch 145, §286
256.20 YEAR AROUND SCHOOLS.
Pursuant to section 279.10, subsection 1, relating to the
maintenance of school during an entire year, the board of directors
of a school district may request approval from the state board of
education for a pilot project for a year around three semester school
year.
The application shall describe the anticipated additional costs to
the school district and the benefits to be gained from the three
semester school year. Students would not be required to attend
school more than two semesters each school year.
Participation in a pilot project shall not modify provisions of a
master contract negotiated between a school district and a certified
bargaining unit pursuant to chapter 20 unless mutually agreed upon.
If moneys are appropriated by the general assembly for funding the
costs of pilot projects under this section, the state board of
education shall notify the department of administrative services of
the amounts to be paid to each school district with an approved pilot
project. Section History: Recent Form
87 Acts, ch 224, §31; 92 Acts, ch 1163, §59; 2003 Acts, ch 145,
§286
256.21 SABBATICAL PROGRAM.
1. If the general assembly appropriates money for grants to
provide sabbaticals for teachers, a sabbatical program shall be
established as provided in this section.
a. A teacher with at least seven years of teaching experience
in this state may submit an application for a sabbatical to the
department of education not later than November 1 of the preceding
school year.
b. A teacher's application shall include a plan for the use
of the period of the sabbatical, including but not limited to
additional education, use of a fellowship, conducting of research,
writing relating to a particular subject area, or other activities
relating to an enhancement of teaching skills. The teacher's plan
must be accompanied by the written approval of the superintendent of
the school district and a statement by the superintendent describing
the benefits of the sabbatical to the school district.
2. The state board of education shall adopt rules under chapter
17A relating to submission of sabbatical plans and criteria for
awarding the sabbaticals, including both the benefit to the teacher
and the benefit to the school district. Sabbaticals shall be awarded
by the department not later than January 1 of the preceding school
year.
a. A sabbatical grant to a teacher shall be equal to the
annual salary specified in a teacher's contract pursuant to the
salary schedule adopted by the board of directors or negotiated under
chapter 20 plus the cost to the district of the fringe benefits of
the teacher. The grant shall be paid to the school district, and the
district shall continue to pay the teacher's regular compensation as
well as the cost to the district of the substitute teacher. Teachers
and boards of school districts are encouraged to seek funding from
other sources to pay the costs of sabbaticals for teachers. Grant
moneys are miscellaneous income for purposes of chapter 257.
b. A sabbatical approved by the department may be for any
period of time not exceeding one year.
c. A teacher granted a sabbatical under this section shall
agree either to return to the school district granting the leave for
a period of not less than two years or to repay to the department of
education the amount of the sabbatical grant received during the
leave.
3. Notwithstanding section 8.33, if moneys are appropriated by
the general assembly for the sabbatical program for a fiscal year,
the moneys shall not revert at the end of that fiscal year but shall
carry over and may be expended during the next fiscal year.
4. This section does not preclude a school district from
providing a sabbatical program for its teachers separate from the
sabbatical program provided under this section. Section History: Recent Form
87 Acts, ch 224, §32; 89 Acts, ch 135, § 53; 2009 Acts, ch 68, §1
256.22 EXTENDED YEAR SCHOOL GRANT PROGRAM.
1. Subject to an appropriation of sufficient funds by the general
assembly, the department shall establish an extended year school
grant program to provide for the allocation of grants to school
districts, or a collaboration of school districts, to provide
technical assistance for conversion of an existing school to an
extended school year calendar, or for investigating the possibility
of converting an existing school within a district to an extended
school year calendar.
2. Grant moneys shall be distributed to qualifying school
districts by the department no later than October 15, 1999. Grant
amounts shall be distributed as determined by the department.
3. By February 15, 1999, a school district or collaboration of
districts receiving moneys under this section shall submit an interim
report to the department describing the planning activities conducted
by the school district or the collaboration and providing preliminary
conclusions. The school district or collaboration shall submit a
final report by June 1, 1999, to the department. The department
shall summarize the school district reports in a final report to the
chairpersons and ranking members of the house and senate standing
education committees by January 1, 2000.
4. Notwithstanding section 8.33, unencumbered or unobligated
funds remaining on June 30 of the fiscal year for which the funds
were appropriated shall not revert but shall be available for
expenditure for the following fiscal year for purposes of this
section. Section History: Recent Form
98 Acts, ch 1215, § 27; 98 Acts, ch 1216, §4; 99 Acts, ch 205, §19
256.23 ADMINISTRATIVE ADVANCEMENT AND RECRUITMENT
PROGRAM.
The department shall establish a recruitment and advancement
program to provide for the allocation of grants to school
corporations. A school corporation may submit plans and a budget to
the department for approval of a pilot project that will encourage
the advancement of women and minorities to administrative positions
within that school corporation or will encourage the recruitment and
employment of minorities to positions within that school corporation.
The state board shall adopt rules under chapter 17A establishing
criteria for approval of the pilot projects and payment of the
grants. The criteria for a pilot project encouraging the advancement
of women and minorities shall include the use of staff development
for assisting employees of the school corporation to meet the
requirements for advancement to administrative positions. School
corporations approved for the establishment of pilot projects under
this section shall submit reports of the results of the pilot
projects to the department of education by October 1 of the fiscal
year following the fiscal year in which the grants are received. Section History: Recent Form
88 Acts, ch 1078, § 1
256.24 Reserved.
256.25 READING INSTRUCTION PILOT PROJECT GRANT
PROGRAM. Repealed by 2007 Acts, ch 214, § 43.
256.26 BEFORE AND AFTER SCHOOL GRANT PROGRAM.
1. There is established a before and after school grant program
to provide competitive grants to school districts and other public
and private organizations to expand the availability of before and
after school programs, including but not limited to summer programs.
The amount of a grant awarded in accordance with this section shall
be not less than thirty thousand dollars nor more than fifty thousand
dollars.
2. Grant applications shall be assessed by the department based
on the targeted student population and whether the application meets
all of the following conditions:
a. Demonstrates partnerships and collaboration with
not-for-profit community organizations.
b. Indicates that the applicant has a plan for continually
improving quality in the program.
c. Provides for a safe and engaging environment.
d. Combines academic, enrichment, cultural, and recreational
activities.
e. Provides for not less than an equal match of any state
funds received for purposes of the program. The local match shall be
in cash or in-kind contributions.
f. Demonstrates that the applicant is able to sustain the
program after the grant is exhausted.
3. Activities supported by an applicant may include but are not
limited to tutoring and supplementing instruction in basic skills,
such as reading, math, and science; drug and violence prevention
curricula and counseling; youth leadership activities; volunteer and
service learning opportunities; career and vocational awareness
preparation; courses and enrichment in arts and culture; computer
instruction; character development and civic participation; language
instruction, including English as a second language; mentoring;
positive interaction with law enforcement; supervised recreation
programs; and health and nutrition programs.
4. The department shall make every effort to award grants to a
balance of rural and urban programs.
5. The department shall make every effort to leverage additional
funding from other public and private sources to support the grant
program.
6. An applicant serving middle and high school-age youth is
eligible for funding under this section if the applicant demonstrates
that the applicant is serving youth at least once a week or a minimum
of two hours per week.
7. Grant funding may be used for programming for multiple fiscal
years as proposed by the applicant and approved by the department.
Section History: Recent Form
2007 Acts, ch 214, §19; 2008 Acts, ch 1181, §19--22
256.27 THROUGH 256.29 Reserved.
256.30 EDUCATIONAL EXPENSES FOR AMERICAN INDIANS.
The department of education shall provide moneys to pay the
expense of educating American Indian children residing in the Sac and
Fox Indian settlement on land held in trust by the secretary of the
interior of the United States in excess of federal moneys paid to the
tribal council for educating the American Indian children when moneys
are appropriated for that purpose. The tribal council shall
administer the moneys distributed to it by the department and shall
submit an annual report and other reports as required by the
department to the department on the expenditure of the moneys.
The tribal council shall first use moneys distributed to it by the
department of education for the purposes of this section to pay the
additional costs of salaries for licensed instructional staff for
educational attainment and full-time equivalent years of experience
to equal the salaries listed on the proposed salary schedule for the
school at the Sac and Fox Indian settlement for that school year, but
the salary for a licensed instructional staff member employed on a
full-time basis shall not be less than eighteen thousand dollars.
The department of management shall approve allotments of moneys
appropriated in this section when the department of education
certifies to the department of management that the requirements of
this section have been met. Section History: Recent Form
87 Acts, ch 233, §453; 88 Acts, ch 1284, § 43; 89 Acts, ch 265, §
40
256.31 COMMUNITY COLLEGE COUNCIL.
1. A community college council is established consisting of six
members. Membership of the council shall be as follows:
a. The three members of the state board of education who have
knowledge of issues and concerns affecting the community college
system as provided in section 256.3.
b. An additional member of the state board of education
appointed annually by the president of the state board of education.
c. A community college president appointed by an association
which represents the largest number of community college presidents
in the state.
d. A community college trustee appointed by an association
which represents the largest number of community college trustees in
the state.
2. The nonboard members shall serve staggered terms of three
years beginning on May 1 of the year of appointment. Vacancies on
the council shall be filled in the same manner as the original
appointment. A person appointed to fill a vacancy shall commence
service on the date of appointment and shall serve only for the
unexpired portion of the term.
3. The council shall assist the state board of education with
substantial issues which are directly related to the community
college system. The state board shall refer all substantial issues
directly related to the community college system to the council. The
council shall formulate recommendations on each issue referred to it
by the state board and shall submit the recommendations to the state
board within any specified time periods.
4. a. The council shall prepare a written five-year statewide
strategic plan at least once every five years for Iowa's community
colleges in consultation with a working group of stakeholders. The
working group shall be composed of thirteen members appointed as
follows:
(1) The governor shall appoint one member.
(2) The Iowa association of community college trustees shall
appoint one member.
(3) The Iowa association of community college presidents shall
appoint one member.
(4) The administrator of the division of community colleges and
workforce preparation of the department of education or the
administrator's designee.
(5) The director of the department of workforce development or
the director's designee.
(6) The director of the department of economic development or the
director's designee.
(7) The president of the senate, after consultation with the
majority leader of the senate, shall appoint one legislative member.
(8) The minority leader of the senate shall appoint one
legislative member.
(9) The speaker of the house shall appoint one legislative
member.
(10) The minority leader of the house of representatives shall
appoint one legislative member.
(11) The Iowa association of school boards shall appoint one
member.
(12) The Iowa state education association shall appoint one
member.
(13) The Iowa association of business and industry shall appoint
one member.
b. A legislative member is eligible for per diem and expenses
as provided in section 2.10. Appointments to the task force are
subject to the requirements of sections 69.16 and 69.16A.
c. The plan shall be submitted to the state board of
education for approval and adoption. Section History: Recent Form
90 Acts, ch 1253, §7; 92 Acts, ch 1027, §1, 2; 2000 Acts, ch 1167,
§3
256.32 COUNCIL FOR AGRICULTURAL EDUCATION.
1. An advisory council for agricultural education is established,
which consists of nine members appointed by the governor. The nine
members shall include the following:
a. Five persons representing all areas of agriculture and
diverse geographical areas.
b. The individual representing agriculture on the state
council for vocational education.
c. A secondary school program instructor, a postsecondary
school program instructor, and a teacher educator.
2. The council may also include as ex officio members the
following persons, as determined by the voting members of the
council:
a. The state future farmers of America president.
b. The current state future farmers of America alumni
association president.
c. The current postsecondary agriculture students president.
d. The current young farmers educational association
president.
e. A state consultant in agricultural education.
f. The secretary of agriculture or the secretary's designee.
g. Two members of each house of the general assembly. This
membership shall be bipartisan in composition and one member each
shall be selected by the president of the senate, after consultation
with the majority leader of the senate, and by the minority leader of
the senate, and one member each shall be selected by the speaker of
the house of representatives and by the minority leader of the house
of representatives.
3. The duties of the council are to review, develop, and
recommend standards for secondary and postsecondary agricultural
education. The council shall annually issue a report to the state
board of education and the chairpersons of the house and senate
agriculture and education committees regarding both short-term and
long-term curricular standards for agricultural education and the
council's activities. The council shall meet a minimum of twice
annually, and must have a quorum consisting of a majority of voting
members present to hold an official meeting and to take any final
council action. However, hearings may be held without a quorum. The
chairperson shall be elected annually by and from the voting
membership. The initial organizational meeting shall be called by
the director of the department of education.
4. The term of membership is three years. The terms shall be
staggered so that three of the terms end each year, but no member
serving on the initial council shall serve less than one year. The
governor shall determine the length of the initial terms of office.
However, the terms of office for members of the general assembly
shall be as provided in section 69.16B. Section History: Recent Form
88 Acts, ch 1264, §1; 90 Acts, ch 1223, § 23; 2008 Acts, ch 1156,
§39, 58
256.33 EDUCATIONAL TECHNOLOGY ASSISTANCE.
The department shall consort with school districts, area education
agencies, community colleges, and colleges and universities to
provide assistance to them in the use of educational technology for
instruction purposes. The department shall consult with the advisory
committee on telecommunications, established in section 256.7,
subsection 7, and other users of educational technology on the
development and operation of programs under this section.
If moneys are appropriated by the general assembly for a fiscal
year for purposes provided in this section, the programs funded by
the department may include but not be limited to:
1. The development and delivery of in-service training, including
summer institutes and workshops for individuals employed by
elementary, secondary, and higher education corporations and
institutions who are using educational technology for instructional
purposes. The in-service programs shall include the use of hardware
as well as effective methods of delivery and maintenance of a
learning environment.
2. Research projects on ways to improve instruction at all
educational levels using educational technology.
3. Demonstration projects which model effective uses of
educational technology.
4. Establishment of a clearinghouse for information and research
concerning practices relating to and uses of educational technology.
5. Development of curricula that could be used by approved
teacher preparation institutions to prepare teachers to use
educational technology in the classroom.
6. Pursuit of additional funding from public and private sources
for the functions listed in this section.
Priority shall be given to programs integrating telecommunications
into the classroom. The department may award grants to school
corporations and higher education institutions to perform the
functions listed in this section. Section History: Recent Form
89 Acts, ch 319, § 41; 93 Acts, ch 48, § 16; 95 Acts, ch 67, §20
256.34 Repealed by 2002 Acts, ch 1140, § 44. See
§455A.21.
256.35 REGIONAL AUTISM ASSISTANCE PROGRAM.
The department shall establish a regional autism assistance
program, to be administered by the child health specialty clinic of
the university of Iowa hospitals and clinics. The program shall be
designed to coordinate educational, medical, and other human services
for persons with autism, their parents, and providers of services to
persons with autism. The function of the program shall include, but
is not limited to, the coordination of diagnostic and assessment
services, the maintaining of a research base, coordination of
in-service training, providing technical assistance, and providing
consultation. Section History: Recent Form
90 Acts, ch 1272, §42
256.35A IOWA AUTISM COUNCIL.
1. An Iowa autism council is created to act in an advisory
capacity to the state in developing and implementing a comprehensive,
coordinated system to provide appropriate diagnostic, intervention,
and support services for children with autism and to meet the unique
needs of adults with autism.
2. a. The council shall consist of thirteen voting members
appointed by the governor and confirmed by the senate. The majority
of the voting members shall be individuals with autism or members of
their families. Additionally, each of the following shall be
represented among the voting members:
(1) Autism diagnostic and research specialists.
(2) Individuals with recognized expertise in utilizing best
practices for diagnosis, intervention, education, and support
services for individuals with autism.
(3) Individuals providing residential services for individuals
with autism.
(4) Mental health professionals with background or expertise in a
pertinent mental health field such as psychiatry, psychology, or
behavioral health.
(5) Private insurers.
(6) Teachers and representatives of area education agencies.
b. In addition, representatives of the department of
education, the division of vocational rehabilitation of the
department of education, the department of public health, the
department of human services, the governor's developmental
disabilities council, the division of insurance of the department of
commerce, and the state board of regents shall serve as ex officio
members of the advisory council. Ex officio members shall work
together in a collaborative manner to serve as a resource to the
advisory council. The council may also form workgroups as necessary
to address specific issues within the technical purview of individual
members.
c. Voting members shall serve three-year terms beginning and
ending as provided in section 69.19, and appointments shall comply
with sections 69.16 and 69.16A. Vacancies on the council shall be
filled in the same manner as the original appointment. A person
appointed to fill a vacancy shall serve only for the unexpired
portion of the term. Public members shall receive reimbursement for
actual expenses incurred while serving in their official capacity and
may also be eligible to receive compensation as provided in section
7E.6.
d. The council shall elect a chairperson from its voting
members annually. A majority of the voting members of the council
shall constitute a quorum.
e. The department shall convene and provide administrative
support to the council.
3. The council shall focus its efforts on addressing the unmet
needs of individuals with autism at various levels of severity and
their families. The council shall address all of the following:
a. Early identification by medical professionals of autism,
including education and training of health care and mental health
care professionals and the use of best practice guidelines.
b. Appropriate early and intensive early intervention
services with access to models of training.
c. Integration and coordination of the medical community,
community educators, childhood educators, health care providers, and
community-based services into a seamless support system for
individuals and their families.
d. General and special education support services.
e. In-home support services for families requiring behavioral
and other supports.
f. Training for educators, parents, siblings, and other
family members.
g. Enhancing of community agency responsiveness to the
living, learning, and employment needs of adults with autism and
provision of services including but not limited to respite services,
crisis intervention, employment assistance, case management, and
long-term care options.
h. Financing options including but not limited to medical
assistance waivers and private health insurance coverage.
i. Data collection.
4. The council shall meet quarterly. The council shall submit a
report to the governor and the general assembly, annually by December
15, identifying the needs and making recommendations for improving
and enhancing the lives of individuals with autism and their
families.
5. For the purposes of this section, "autism" means a
spectrum disorder that includes at various levels of severity,
autism, Asperger's disorder, pervasive developmental disorder not
otherwise specified, Rett's syndrome, and childhood disintegrative
disorder. Section History: Recent Form
2008 Acts, ch 1187, §126
Confirmation, see § 2.32
256.36 MATH AND SCIENCE GRANT PROGRAM.
1. The department shall establish a math and science education
grant program to provide for the allocation of grant moneys to public
school corporations and to contract for the development of statewide
program models and recommendations in keeping with the goals stated
in this section. A public school corporation desiring to receive
grant moneys under the program may submit plans and a proposed budget
to the department for approval. The department shall review each
plan and its proposed budget and award grants, which may be matching
funds grants, for approved plans by July 1 of the calendar year in
which the approved plans were submitted. Provision of matching funds
from institutional private sources shall be considered by the
department in reviewing plans and proposed budgets and awarding grant
moneys.
However, for the first school year for which program funds are
appropriated, a board of directors of a public school corporation may
submit a proposed plan and budget not later than January 1 of that
school year and the department shall notify public school
corporations by February 15 of that same school year that their plans
have been approved or disapproved by the department.
In addition to awarding grants, and if the activity does not
violate federal matching funds requirements for an Iowa math and
science grant program, the department may expend funds to contract
with a public or private nonprofit education organization,
association, or laboratory for the development of models or
recommendations with statewide applications to further the goals of
this section.
2. The department shall make recommendations for, and the state
board shall adopt, rules relating to program goals and program
administration. The goals of the math and science education program
may include, but are not limited to, the development of a model
multidisciplinary science curricula that will serve as the framework
for the development of individual teaching modules; the design and
implementation of a statewide model for staff development in science
and math education; the development of specific recommendations and
rationale for changes in school standards that will facilitate
improvements in math and science education and provide outcomes that
serve as a standard of successful learning; provision of a sequence
of competencies and instructional strategies for inclusion in teacher
preparation programs for those entering math and science programs in
Iowa teacher preparation institutions; development and implementation
of a new statewide assessment program that is consistent with the
materials and approaches envisioned; and the development and
implementation strategies for recruitment and retention of females
and minorities in math and science education.
The board of educational examiners may develop recommendations for
specific changes in the licensing requirements for math and science
teachers.
Program administration rules shall include, but are not limited
to, development of standard formats and procedures for the submission
and assessment of grant applications.
3. There is established in the state treasury a math and science
education account that is under the control of and administered by
the department of education. The department may accept gifts,
grants, bequests, and other private contributions, as well as state
or federal funds, and shall deposit the moneys in the account to be
used for distribution as grant award moneys under the math and
science education program. Moneys in the account are appropriated
and may be used for the purposes of this section. The department
shall not commingle federal, state, and private funds within the
account. Not more than six percent of any state funds appropriated
for the program may be used for administrative purposes. State funds
appropriated and any interest earned on the state funds but not
expended for the first two years of the program shall not revert to
the general fund under section 8.33, but shall remain available for
expenditure until June 30 of the third year of the program. In
subsequent years, state funds and any interest earned on the state
funds which are appropriated, but not expended by June 30 of the
school year shall revert to the general fund as provided under
section 8.33. Receipt of funds during the first year of the program
shall not affect eligibility to receive funds during any subsequent
years. Section History: Recent Form
91 Acts, ch 71, §1
256.37 SCHOOL RESTRUCTURING AND EFFECTIVENESS --
POLICY -- FINDINGS.
It is the policy of the state of Iowa to provide an education
system that prepares the children of this state to meet and exceed
the technological, informational, and communications demands of our
society. The general assembly finds that the current education
system must be transformed to deliver the enriched educational
program that the adults of the future will need to have to compete in
tomorrow's world. The general assembly further finds that the
education system must strive to reach the following goals:
1. All children in Iowa must start school ready to learn.
2. Iowa's high school graduation rate must increase to at least
ninety percent.
3. Students graduating from Iowa's education system must
demonstrate competency in challenging subject matter, and must have
learned to use their minds well, so they may be prepared for
responsible citizenship, further learning, and productive employment
in a global economy.
4. Iowa students must be first in the world in science and
mathematics achievement.
5. Every adult Iowan must be literate and possess the knowledge
and skills necessary to compete in a global economy and exercise the
rights and responsibilities of citizenship.
6. Every school in Iowa must be free of drugs and violence and
offer a disciplined environment conducive to learning. Section History: Recent Form
92 Acts, ch 1159, §4
256.38 SCHOOL-TO-WORK TRANSITION SYSTEM.
1. It is the policy of the state of Iowa to provide an education
system that prepares the students of this state to meet the high
skills demands of today's workplace. The general assembly recognizes
the need to prepare students for any postsecondary opportunity that
leads to high-wage, high- skill careers. In order to meet this need,
the high school curriculum must be redesigned so students appreciate
the relevance of academic course work, reach higher levels of
learning in science, math, and communications skills, and acquire the
ability to apply this knowledge. Career pathways will modify high
school curricula and instruction to provide students with
opportunities to achieve high levels of skills and knowledge within a
broad range of related career areas, which will require a variety of
levels of preparation.
2. The departments of education, workforce development, and
economic development shall develop a statewide school-to-work
transition system in consultation with local school districts,
community colleges, and labor, business, and industry interests. The
system shall be designed to attain the following objectives:
a. Motivate youths to stay in school and become productive
citizens.
b. Set high standards by promoting higher academic
performance levels.
c. Connect work and learning so that the classroom is linked
to worksite learning and experience.
d. Ready students for work in order to improve their
prospects for immediate employment after leaving school through
career pathways that provide significant opportunity to continued
education and career development.
e. Engage employers and workers by promoting their
participation in the education of youth in order to ensure the
development of a skilled, flexible, entry-level workforce.
f. Provide a framework to position the state to access
federal resources for state youth apprenticeship systems and local
programs. Section History: Recent Form
95 Acts, ch 196, §1; 96 Acts, ch 1186, § 23
256.39 CAREER PATHWAYS PROGRAM.
1. If the general assembly appropriates moneys for the
establishment of a career pathways program, the department of
education shall develop a career pathways grant program, criteria for
the formation of ongoing career pathways consortia in each merged
area, and guidelines and a process to be used in selecting career
pathways consortium grant recipients, including a requirement that
grant recipients shall provide matching funds or match grant funds
with in-kind resources on a dollar-for-dollar basis. A portion of
the moneys appropriated by the general assembly shall be made
available to schools to pay for the issuance of employability skills
assessments to public or nonpublic school students. An existing
partnership or organization, including a regional school-to-work
partnership, that meets the established criteria, may be considered a
consortium for grant application purposes. One or more school
districts may be considered a consortium for grant application
purposes, provided the district can demonstrate the manner in which a
community college, area education agency, representatives from
business and labor organizations, and others as determined within the
region will be involved. Existing school-to-work partnerships are
encouraged to assist the local consortia in developing a plan and
budget. The department shall provide assistance to consortia in
planning and implementing career pathways program efforts.
2. To be eligible for a career pathways grant, a career pathways
consortium shall develop a career pathways program that includes, but
is not limited to, the following:
a. Measure the employability skills of students.
Employability skills shall include, but are not limited to, reading
for information, applied mathematics, listening, and writing.
b. Curricula designed to integrate academic and work-based
learning to achieve high employability skills by all students related
to career pathways. The curricula shall be designed through the
cooperative efforts of secondary and postsecondary education
professionals, business professionals, and community services
professionals.
c. Staff development to implement the high-standard
curriculum. These efforts may include team teaching techniques that
utilize expertise from partnership businesses and postsecondary
institutions.
3. In addition to the provisions of subsection 2, a career
pathways program may include, but is not limited to, the following:
a. Career guidance and exploration for students.
b. Involvement and recognition of business, labor, and
community organizations as partners in the career pathways program.
c. Provision for program accountability.
d. Encouragement of team teaching within the school or in
partnership with postsecondary schools, and business, labor,
community, and nonprofit organizations.
e. Service learning opportunities for students.
4. Business, labor, and community organizations are encouraged to
market the career pathways program to the local community and provide
students with mentors, shadow professionals, speakers, field trip
sites, summer jobs, internships, and job offers for students who
graduate with high performance records. Students are encouraged to
volunteer their time to community organizations in exchange for
workplace learning opportunities that do not displace current
employees.
5. In developing career pathways program efforts, each consortium
shall make every effort to cooperate with the juvenile courts, the
department of economic development, the department of workforce
development, the department of human services, and the new Iowa
schools development corporation.
6. The department of education shall direct and monitor the
progress of each career pathways consortium in developing career
pathways programs. By January 15, 1998, the department shall submit
to the general assembly any findings and recommendations of the
career pathways consortia, along with the department's
recommendations for specific career pathways program efforts and for
appropriate funding levels to implement and sustain the recommended
programs.
7. Notwithstanding section 8.33, unencumbered or unobligated
funds remaining on June 30 of the fiscal year for which the funds
were appropriated shall not revert but shall be available for
expenditure for the following fiscal year for the purposes of this
section. Section History: Recent Form
95 Acts, ch 196, §2; 96 Acts, ch 1186, § 23; 2003 Acts, ch 180, §7
256.40 STATEWIDE WORK-BASED LEARNING INTERMEDIARY
NETWORK -- FUND -- STEERING COMMITTEE -- REGIONAL NETWORKS.
1. A statewide work-based learning intermediary network program
is established in the department and shall be administered by the
department. A separate, statewide work-based learning intermediary
network fund is created in the state treasury under the control of
the department. The fund shall consist of all moneys deposited in
the fund, including any moneys appropriated by the general assembly
and any other moneys available to and obtained or accepted by the
department from federal or private sources for purposes of the
program. Notwithstanding section 8.33, moneys in the fund at the end
of a fiscal year shall not revert to the general fund of the state.
Notwithstanding section 12C.7, subsection 2, interest or earnings on
moneys in the fund shall be credited to the fund.
2. The purpose of the program shall be to build a seamless
career, future workforce, and economic development system in Iowa to
accomplish all of the following:
a. Better prepare students to make informed postsecondary
education and career decisions.
b. Provide communication and coordination in order to build
and sustain relationships between employers and local youth, the
education system, and the community at large.
c. Connect students to local career opportunities, creating
economic capital for the region using a skilled and available
workforce.
d. Facilitate the sharing of best practices statewide by
business and education leaders.
e. Provide a one-stop contact point for information useful to
both educators and employers, including a state-level clearinghouse
for internships, job shadowing experiences, and other workplace
learning opportunities for students that are linked to the state's
economic goals.
f. Implement services for all students, staff, and districts
within the region and integrate workplace skills into the curriculum.
g. Develop work-based capacity with employers.
h. Improve the skills of Iowa's future workforce.
i. Provide core services, which may include student job
shadowing, student internships, and teacher or student tours.
3. The department shall establish and facilitate a steering
committee comprised of representatives from the department of
workforce development, the department of economic development, the
community colleges, the institutions under the control of the state
board of regents, accredited private institutions, area education
agencies, school districts, and the workplace learning connection.
The steering committee shall be responsible for the development and
implementation of the statewide work-based learning intermediary
network.
4. The steering committee shall develop a design for a statewide
network comprised of fifteen regional work-based learning
intermediary networks. The design shall include network
specifications, strategic functions, and desired outcomes.
5. Each regional network shall establish an advisory council to
develop and implement the regional network.
6. Funds deposited in the statewide work-based learning
intermediary network fund created in subsection 1 shall be
distributed to each region for the implementation of the statewide
work-based learning intermediary network based upon the distribution
of the kindergarten through grade twelve student enrollments in each
region. The amount shall not exceed three dollars per student.
7. The department shall provide oversight of the statewide
work-based learning intermediary network and shall annually evaluate
the statewide and regional network progress toward the outcomes
identified by the steering committee pursuant to subsection 4.
8. Each regional network shall match the funds received pursuant
to subsection 6 with financial resources equal to at least
twenty-five percent of the amount of the funds received pursuant to
subsection 6. The financial resources used to provide the match may
include private donations, in-kind contributions, or public funds
other than the funds received pursuant to subsection 6. Section History: Recent Form
2005 Acts, ch 154, §1; 2006 Acts, ch 1030, §31
256.41 THROUGH 256.43 Repealed by 2001 Acts, ch
159, § 18.
256.44 NATIONAL BOARD CERTIFICATION PILOT PROJECT.
1. A national board certification pilot project is established to
be administered by the department of education. A teacher, as
defined in section 272.1, who registers for or achieves national
board for professional teaching standards certification, and who is
employed by a school district in Iowa and receiving a salary as a
classroom teacher, may be eligible for the following:
a. If a teacher registers for national board for professional
teaching standards certification by December 31, 2007, a one-time
initial reimbursement award in the amount of up to one-half of the
registration fee paid by the teacher for registration for
certification by the national board for professional teaching
standards. The teacher shall apply to the department within one year
of registration, submitting to the department any documentation the
department requires. A teacher who receives an initial reimbursement
award shall receive a one-time final registration award in the amount
of the remaining national board registration fee paid by the teacher
if the teacher notifies the department of the teacher's certification
achievement and submits any documentation requested by the
department.
b. (1) (a) If, by May 1, 2000, the teacher applies to the
department for an annual award and submits documentation of
certification by the national board for professional teaching
standards, an annual award in the amount of five thousand dollars.
However, if the teacher does not achieve certification on the
teacher's first attempt to pass the national board for professional
teaching standards assessment, the teacher shall be paid the award
amount as provided in subparagraph division (b) upon achieving
certification. The department shall award not more than a total of
fifty thousand dollars in annual awards to an individual during the
individual's term of eligibility for annual awards.
(b) If the teacher registers for national board for professional
teaching standards certification between January 1, 1999, and
December 31, 2007, and achieves certification within the timelines
and policies established by the national board for professional
teaching standards, an annual award in the amount of two thousand
five hundred dollars upon achieving certification by the national
board of professional teaching standards.
(2) To receive an annual award pursuant to this paragraph
"b", a teacher shall apply to the department for an award within
one year of eligibility. Payment for awards shall be made only upon
departmental approval of an application or recertification of
eligibility. A term of eligibility shall be for ten years or for the
years in which the individual maintains a valid certificate,
whichever time period is shorter. In order to continue receipt of
payments, a recipient shall annually recertify eligibility.
2. a. If the amount appropriated annually for purposes of
this section is insufficient to pay the full amount of reimbursement
awards in accordance with subsection 1, paragraph "a", the
department shall annually prorate the amount of the registration
awards provided to each teacher who meets the requirements of this
section.
b. If the amount appropriated annually for purposes of
providing an annual award in accordance with subsection 1, paragraph
"b", is insufficient to pay the full annual award to all teachers
approved by the department for an annual award, the department shall
prorate the amount of the annual award based upon the amount
appropriated.
3. A teacher receiving an annual award pursuant to this section
may provide additional services to the school district that employs
the teacher. The additional services to be provided by the teacher
may be mutually agreed upon by the school district and the teacher.
4. Awards shall be paid to teachers by the department as follows:
a. Upon receipt of reimbursement documentation as provided in
subsection 1, paragraph "a".
b. Not later than June 1 to teachers whose applications and
recertifications for annual awards as provided in subsection 1,
paragraph "b", are submitted to the department by May 1 and
subsequently approved.
5. Notwithstanding any provision to the contrary, a teacher
approved by the department to receive an annual award for
certification in accordance with this section in the fiscal year
beginning July 1, 1998, shall receive the annual award amount
specified in subsection 1, paragraph "b", subparagraph (1),
subparagraph division (a), to commence with the fiscal year beginning
July 1, 1999.
6. From funds appropriated for purposes of this section by the
general assembly to the department of education for each fiscal year
in the fiscal period beginning July 1, 1999, and ending June 30,
2004, three hundred thousand dollars, or so much thereof as may be
necessary, shall be used for the payment of registration awards as
provided in subsection 4, paragraph "a".
7. The department shall prorate the amount of the annual awards
paid in accordance with this section when the number of award
recipients exceeds one thousand one hundred individuals. The
department may prorate the amount of an annual award when a teacher
who meets the qualifications of subsection 1 is employed on a less
than full-time basis by a school district. The state board shall
adopt rules under chapter 17A establishing criteria for the proration
of annual awards.
8. Notwithstanding section 8.33, funds appropriated for purposes
of this section which remain unencumbered or unobligated at the close
of the fiscal year for which the funds were appropriated shall not
revert but shall be available for expenditure for the following
fiscal year for purposes of this section. Section History: Recent Form
98 Acts, ch 1216, §5; 99 Acts, ch 142, §1; 99 Acts, ch 205, §20;
2002 Acts, ch 1152, §3, 4; 2004 Acts, ch 1175, §90; 2005 Acts, ch
169, §20, 21; 2006 Acts, ch 1182, §4; 2007 Acts, ch 108, §6, 7; 2009
Acts, ch 41, §263
Referred to in § 284.7, 284.13
256.45 AMBASSADOR TO EDUCATION.
The department of education shall establish and administer the
position of ambassador to education. It shall be the function of the
ambassador to education to act as an education liaison to primary and
secondary schools in this state. The ambassador to education
position shall be filled by the educator selected as teacher of the
year by the governor, but only if that person agrees to fill the
ambassador to education position.
The ambassador to education's duties shall be established by the
director of the department and shall be tailored to the relative
skills and educational background of the person designated as
ambassador. Duties of the ambassador may include, but are not
limited to, providing seminars and workshops in the subject matter
area in which the ambassador possesses expertise, accompanying the
director of the department of education in the exercise of the
director's duties in the state, and speaking at public gatherings in
the state.
The ambassador to education shall receive, in lieu of compensation
from the district in which the ambassador is regularly employed, a
salary equal to the amount of salary the person would have received
from the district in the person's regular position during the school
year for which the person serves as ambassador, or thirty thousand
dollars, whichever amount is greater. The ambassador shall also be
compensated for actual expenses incurred as a result of the
performance of duties under this section.
The department shall grant funds in an amount equal to the salary
and benefits the person selected as ambassador to education would
have received from the district, or thirty thousand dollars,
whichever amount is greater, to the school district that employs the
person selected as the ambassador. The department shall also
reimburse the school district for actual expenses incurred as a
result of the performance of duties under this section. The school
district shall grant the person a one-year sabbatical in order to
allow the person to be the ambassador to education, and during the
sabbatical, shall pay the salary and benefits of the ambassador with
funds granted by the department. The person selected as the
ambassador to education shall be entitled to return to the person's
same or a comparable position without loss of accrued benefits or
seniority. Section History: Recent Form
90 Acts, ch 1272, §43; 98 Acts, ch 1216, § 6
Referred to in § 284.13
256.46 RULES FOR PARTICIPATION IN EXTRACURRICULAR
ACTIVITIES BY CERTAIN CHILDREN.
The state board shall adopt rules that permit a child who does not
meet the residence requirements for participation in extracurricular
interscholastic contests or competitions sponsored or administered by
an organization as defined in section 280.13 to participate in the
contests or competitions immediately if the child is duly enrolled in
a school, is otherwise eligible to participate, and meets one of the
following circumstances or a similar circumstance: the child has
been adopted; the child is placed under foster or shelter care; the
child is living with one of the child's parents as a result of
divorce, separation, death, or other change in the child's parents'
marital relationship, or pursuant to other court-ordered decree or
order of custody; the child is a foreign exchange student, unless
undue influence was exerted to place the child for primarily athletic
purposes; the child has been placed in a juvenile correctional
facility; the child is a ward of the court or the state; the child is
a participant in a substance abuse or mental health program; or the
child is enrolled in an accredited nonpublic high school because the
child's district of residence has entered into a whole grade sharing
agreement for the pupil's grade with another district. The rules
shall permit a child who is otherwise eligible to participate, but
who does not meet one of the foregoing or similar circumstances
relating to residence requirements, to participate at any level of
competition other than the varsity level. For purposes of this
section and section 282.18, "varsity" means the highest level of
competition offered by one school or school district against the
highest level of competition offered by an opposing school or school
district. Section History: Recent Form
90 Acts, ch 1049, §1; 92 Acts, ch 1135, §1; 93 Acts, ch 101, §
201; 2002 Acts, ch 1129, §1; 2005 Acts, ch 79, §1; 2006 Acts, ch
1152, §20
Referred to in § 282.18
256.47 THROUGH 256.49 Reserved.
256.50 DIVISION OF LIBRARIES AND INFORMATION SERVICES
-- DEFINITIONS.
As used in this part, unless the context otherwise requires:
1. "Commission" means the commission of libraries.
2. "Division" means the division of libraries and information
services of the department of education.
3. "State agency" means a legislative, executive, or judicial
office of the state and all of its respective officers, departments,
divisions, bureaus, boards, commissions, and committees, except the
state institutions of higher education governed by the state board of
regents.
4. "State publications" means all multiply produced
publications regardless of format, which are issued by a state agency
and supported by public funds, but it does not include:
a. Correspondence and memoranda intended solely for internal
use within the agency or between agencies.
b. Materials excluded from this definition by the commission
through the adoption and enforcement of rules. Section History: Recent Form
93 Acts, ch 48, §17
256.51 DIVISION OF LIBRARIES AND INFORMATION SERVICES
-- DUTIES AND RESPONSIBILITIES.
1. The division of libraries and information services is
established within the department of education. The division shall
do all of the following:
a. Determine policy for providing information service to the
three branches of state government and to the legal and medical
communities in this state.
b. Coordinate a statewide interregional interlibrary loan and
information network among libraries in this state and support
activities which increase cooperation among all types of libraries.
c. Establish and administer a program for the collection and
distribution of state publications to depository libraries.
d. Develop, in consultation with the library service areas
and the area education agency media centers, a biennial unified plan
of service and service delivery for the division of libraries and
information services.
e. Establish and administer a statewide continuing education
program for librarians and trustees.
f. Give to libraries advice and counsel in specialized areas
which may include, but are not limited to, building construction and
space utilization, children's services, and technological
developments.
g. Obtain from libraries reports showing the condition,
growth, and development of services provided and disseminate this
information in a timely manner to the citizens of Iowa.
h. Establish and administer certification guidelines for
librarians not covered by other accrediting agencies.
i. Foster public awareness of the condition of libraries in
Iowa and of methods to improve library services to the citizens of
the state.
j. Establish and administer standards for state agency
libraries, the library service areas, and public libraries.
2. The division may do all of the following:
a. Enter into interstate library compacts on behalf of the
state of Iowa with any state which legally joins in the compacts as
provided in section 256.70.
b. Receive and expend money for providing programs and
services. The division may receive, accept, and administer any
moneys appropriated or granted to it, separate from the general
library fund, by the federal government or by any other public or
private agency.
c. Accept gifts, contributions, bequests, endowments, or
other moneys, including but not limited to the Westgate endowment
fund, for any or all purposes of the division. Interest earned on
moneys accepted under this paragraph shall be credited to the fund or
funds to which the gifts, contributions, bequests, endowments, or
other moneys have been deposited, and is available for any or all
purposes of the division. The division shall report annually to the
director and the general assembly regarding the gifts, contributions,
bequests, endowments, or other moneys accepted pursuant to this
paragraph and the interest earned on them. Section History: Recent Form
93 Acts, ch 48, §18; 2001 Acts, ch 158, §12; 2006 Acts, ch 1152,
§21
Referred to in § 256.57
256.52 COMMISSION OF LIBRARIES ESTABLISHED -- DUTIES
OF COMMISSION AND STATE LIBRARIAN -- STATE LIBRARY FUND CREATED.
1. The state commission of libraries consists of one member
appointed by the supreme court, the director of the department of
education, or the director's designee, and six members appointed by
the governor to serve four-year terms beginning and ending as
provided in section 69.19. Of the governor's appointees, one member
shall be from the medical profession and five members selected at
large. Not more than three of the members appointed by the governor
shall be of the same gender. The members shall be reimbursed for
their actual expenditures necessitated by their official duties.
Members may also be eligible for compensation as provided in section
7E.6.
2. The commission shall elect one of its members as chairperson.
The commission shall meet at the time and place specified by call of
the chairperson. Five members are a quorum for the transaction of
business.
3. The commission shall appoint the state librarian who shall
administer the division, and serve at the pleasure of the commission.
The state librarian shall do all of the following:
a. Direct and organize the activities of the division.
b. Submit a biennial report to the governor on the activities
and an evaluation of the division and its programs and policies.
c. Control all property of the division. The state librarian
may dispose of, through sale, conveyance, or exchange, any library
materials that may be obsolete or worn out or that may no longer be
needed or appropriate to the mission of the state library of Iowa.
These materials may be sold by the state library directly or the
library may sell the materials by consignment with an outside entity.
A state library fund is created in the state treasury. Proceeds from
the sale of the library materials shall be remitted to the treasurer
of state and credited to the state library fund and shall be used for
the purchase of books and other library materials. Notwithstanding
section 8.33, any balance in the fund on June 30 of any fiscal year
shall not revert to the general fund of the state.
d. Appoint and approve the technical, professional, excepting
the medical librarian and the law librarian, secretarial, and
clerical staff necessary to accomplish the purposes of the division
subject to chapter 8A, subchapter IV.
e. Perform other duties imposed by law.
4. The commission shall adopt rules under chapter 17A for
carrying out the responsibilities of the division.
5. The commission shall receive and approve the budget and
unified plan of service submitted by the division of libraries and
information services. Section History: Recent Form
93 Acts, ch 48, §19; 94 Acts, ch 1193, §18; 96 Acts, ch 1215, §
21; 2003 Acts, ch 145, §223
256.53 STATE PUBLICATIONS.
Upon issuance of a state publication in any format, a state agency
shall deposit with the division at no cost to the division,
seventy-five copies of the publication or a lesser number if
specified by the division, except as provided in section 2A.6. Section History: Recent Form
93 Acts, ch 48, §20; 2003 Acts, ch 35, §41, 49
256.54 STATE LIBRARY -- MEDICAL AND LAW LIBRARIES.
The state library includes, but is not limited to, a medical
library, a law library, and the state data center.
1. The medical library shall be administered by a medical
librarian, appointed by the director subject to chapter 8A,
subchapter IV, who shall do all of the following:
a. Operate the medical library which shall always be
available for free use by the residents of Iowa under rules the
commission adopts.
b. Give no preference to any school of medicine and shall
secure books, periodicals, and pamphlets for every legally recognized
school of medicine without discrimination.
c. Perform other duties imposed by law or prescribed by the
rules of the commission.
2. The law library shall be administered by a law librarian
appointed by the director subject to chapter 8A, subchapter IV, who
shall do all of the following:
a. Operate the law library which shall be maintained in the
state capitol or in rooms convenient to the state supreme court and
which shall be available for free use by the residents of Iowa under
rules the commission adopts.
b. Maintain, as an integral part of the law library, reports
of various boards and agencies, copies of bills, journals, other
information relating to current or proposed legislation, and copies
of the Iowa administrative bulletin and Iowa administrative code and
any publications incorporated by reference in the bulletin or code.
c. Arrange to make exchanges of all printed material
published by the states and the government of the United States.
d. Perform other duties imposed by law or by the rules of the
commission. Section History: Recent Form
93 Acts, ch 48, §21; 95 Acts, ch 14, §2; 2003 Acts, ch 145, §224,
225
256.55 STATE DATA CENTER.
A state data center is established in the department of education.
The state data center shall be administered by the state data center
coordinator, who shall do all of the following:
1. Manage the state data center program to make United States
census data available to the residents of Iowa under rules the
commission adopts.
2. Act as the state's liaison with the United States census
bureau in matters relating to United States decennial, economic, and
agricultural census data, and population estimates and projections.
3. Perform other duties imposed by law or prescribed by the
commission. Section History: Recent Form
93 Acts, ch 48, §22
256.56 ELECTRONIC ACCESS TO DOCUMENTS.
The state library shall work to develop a system of electronic
access to documents maintained by the state library with a goal of
providing electronic access to all such documents. The access shall
be provided initially through the use of compact disc technology.
This section shall not prohibit the state librarian from considering
other forms of electronic access if the use of such other access is
shown to exceed the benefits of, and is more cost-effective than, the
use of compact disc technology. Section History: Recent Form
93 Acts, ch 178, §32
256.57 ENRICH IOWA PROGRAM.
1. An enrich Iowa program is established in the division to
provide direct state assistance to public libraries, to support the
open access and access plus programs, to provide public libraries
with an incentive to improve library services that are in compliance
with performance measures, and to reduce inequities among communities
in the delivery of library services based on performance measures
adopted by rule by the commission. The commission shall adopt rules
governing the allocation of funds appropriated by the general
assembly for purposes of this section to provide direct state
assistance to eligible public libraries. A public library is
eligible for funds under this chapter if it is in compliance with the
commission's performance measures.
2. The amount of direct state assistance distributed to each
eligible public library shall be based on the following:
a. The level of compliance by the eligible public library
with the performance measures adopted by the commission as provided
in this section.
b. The number of people residing within an eligible library's
geographic service area for whom the library provides services.
c. The amount of other funding the eligible public library
received in the previous fiscal year for providing services to rural
residents and to contracting communities.
3. Moneys received by a public library pursuant to this section
shall supplement, not supplant, any other funding received by the
library.
4. For purposes of this section, "eligible public library"
means a public library that meets all of the following requirements:
a. Submits to the division all of the following:
(1) The report provided for under section 256.51, subsection 1,
paragraph "g".
(2) An application and accreditation report, in a format approved
by the commission, that provides evidence of the library's compliance
with at least one level of the standards established in accordance
with section 256.51, subsection 1, paragraph "j".
(3) Any other application or report the division deems necessary
for the implementation of the enrich Iowa program.
b. Participates in the library resource and information
sharing programs established by the state library.
c. Is a public library established by city ordinance or a
library district as provided in chapter 336.
5. Each eligible public library shall maintain a separate listing
within its budget for payments received and expenditures made
pursuant to this section, and shall annually submit this listing to
the division.
6. By January 15, annually, the division shall submit a program
evaluation report to the general assembly and the governor detailing
the uses and the impacts of funds allocated under this section.
7. A public library that receives funds in accordance with this
section shall have an internet use policy in place, which may or may
not include internet filtering. The library shall submit a report
describing the library's internet use efforts to the division.
8. A public library that receives funds in accordance with this
section shall provide open access, the reciprocal borrowing program,
as a service to its patrons, at a reimbursement rate determined by
the state library.
9. Funds appropriated for purposes of this section shall not be
used by the division for administrative purposes. Section History: Recent Form
2006 Acts, ch 1180, §16; 2007 Acts, ch 126, §46--48
256.58 AND 256.59 Reserved.
256.60 LIBRARY SERVICE AREAS ESTABLISHED --
PURPOSES.
Library service areas are established as provided in section
256.61 to provide supporting services to libraries, including, but
not limited to, consulting, continuing education, and interlibrary
loan and reference services, to assure consistency of service
statewide, and to encourage local financial support for library
services. Section History: Recent Form
93 Acts, ch 48, §23; 2001 Acts, ch 158, §13
Referred to in § 256.66
256.61 LIBRARY SERVICE AREAS AND BOARDS OF TRUSTEES
-- APPOINTMENT -- TERMS.
1. Seven library service areas shall serve and represent seven
geographic regions consisting of the following counties:
a. The southwestern area shall serve and represent the
counties of Adair, Adams, Audubon, Cass, Clarke, Decatur, Fremont,
Guthrie, Harrison, Lucas, Mills, Montgomery, Page, Pottawattamie,
Ringgold, Shelby, Taylor, Union, and Wayne.
b. The northwestern area shall serve and represent the
counties of Buena Vista, Calhoun, Carroll, Cherokee, Clay, Crawford,
Dickinson, Emmet, Ida, Lyon, Monona, O'Brien, Osceola, Palo Alto,
Plymouth, Pocahontas, Sac, Sioux, and Woodbury.
c. The north central area shall serve and represent the
counties of Cerro Gordo, Floyd, Franklin, Hamilton, Hancock, Hardin,
Humboldt, Kossuth, Mitchell, Webster, Winnebago, Worth, and Wright.
d. The central area shall serve and represent the counties of
Boone, Dallas, Greene, Jasper, Madison, Marion, Marshall, Polk,
Story, and Warren.
e. The southeastern area shall serve and represent the
counties of Appanoose, Davis, Des Moines, Henry, Jefferson, Keokuk,
Lee, Louisa, Mahaska, Monroe, Muscatine, Scott, Van Buren, Wapello,
and Washington.
f. The east central area shall serve and represent the
counties of Benton, Cedar, Clinton, Iowa, Jackson, Johnson, Jones,
Linn, Poweshiek, and Tama.
g. The northeastern area shall serve and represent the
counties of Allamakee, Black Hawk, Bremer, Buchanan, Butler,
Chickasaw, Clayton, Delaware, Dubuque, Fayette, Grundy, Howard, and
Winneshiek.
2. Each area shall have a board of trustees composed of seven
members, who shall be appointed as follows:
a. One member shall be appointed mutually by the area
education agency media divisions located within the boundaries of the
library service area.
b. One member shall be appointed mutually by the boards of
trustees of the public libraries located within the boundaries of the
library service area.
c. One member shall be appointed mutually by librarians
employed by public libraries located within the boundaries of the
library service area.
d. One member shall be appointed mutually by the boards of
trustees of the community colleges located within the boundaries of
the library service area.
e. One member shall be appointed by the commission of
libraries to represent library patrons residing within the boundaries
of the library service area.
f. Two members shall be appointed by the commission of
libraries to represent the public at-large residing within the
boundaries of the library service area.
3. All appointments shall comply with sections 69.16 and 69.16A.
4. The members of each library service area board shall be
appointed to four-year, staggered terms of office. A term shall be
effective on the first of July of the year of appointment and a
vacancy shall be filled for the unexpired term in the same manner as
the original appointment.
5. The members of a board shall not receive compensation, but
shall be reimbursed for their actual and necessary expenses incurred
in the performance of their official duties. The expenses of the
board members shall be paid from the appropriation to the library
service areas.
6. Each board shall elect a chairperson and vice chairperson
annually from among its membership. A board shall meet at the call
of its chairperson or upon written request of a majority of its
membership. Four members constitute a quorum. The concurrence of a
majority of the members of a board is required to determine any
matter relating to its duties.
7. The commission of libraries shall adopt rules providing for
the coordination of appointments made to the board of trustees in
accordance with this section. Section History: Recent Form
93 Acts, ch 48, §24; 2001 Acts, ch 158, §14
Referred to in §256.60
256.62 THROUGH 256.65 Repealed by 2001 Acts, ch
158, § 40.
256.66 POWERS AND DUTIES OF REGIONAL TRUSTEES.
In carrying out the purposes of section 256.60, each board of
trustees:
1. Shall appoint and evaluate a qualified administrator who shall
have a master's degree in librarianship from a program of study
accredited by the American library association and who may be
terminated for good cause.
2. Subject to the approval of the annual plan of service by the
director of the department of education, may receive and expend state
appropriated funds.
3. May receive and expend other funds and receive and expend
gifts of real property, personal property or mixed property, and
devises and bequests including trust funds; may take title to the
property; may execute deeds and bills of sale for the conveyance of
the property; and may expend the funds received from the gifts.
4. May accept and administer trusts and may authorize nonprofit
foundations acting solely for the support of the library service area
to accept and administer trusts deemed by the board to be beneficial
to the operation of the library service area. Notwithstanding
section 633.63, the board and the nonprofit foundation may act as
trustees in these instances. The board shall require that moneys
belonging to a nonprofit foundation be audited annually.
5. May contract with libraries, library agencies, private
corporations or individuals to improve library service.
6. May acquire land and construct or lease facilities to carry
out the provisions of this part.
7. Shall provide consultation and educational programs for
library staff and trustees concerning all facets of library
management and operation.
8. Shall provide interlibrary loan and information services
throughout the area and across area lines according to the standards
developed by the commission of libraries.
9. Shall develop and adopt, in cooperation with other members of
the library service area and the director of the department of
education, a long-range plan for the area.
10. Shall prepare, in cooperation with all members of the library
service area and the director of the department of education, an
annual plan of service.
11. Shall provide data and prepare reports as directed by the
director of the department of education.
12. Shall encourage governmental subdivisions to maintain local
financial support for the operating expenses of local libraries.
13. Shall assume all of the outstanding obligations of the
regional library and be liable for and recognize, assume, and carry
out all valid contracts and obligations of the regional library that
the library service area replaces. Each regional library in
existence prior to July 1, 2001, shall transfer its assets and title
to any real estate owned by the regional library to the library
service area that replaces the regional library.
14. May perform other acts necessary to carry out its powers and
duties under this part. Section History: Recent Form
93 Acts, ch 48, §29; 2001 Acts, ch 158, §15, 16
256.67 DUTIES OF THE AREA ADMINISTRATOR.
An area administrator shall:
1. Act as administrator and executive secretary of the library
service area in accordance with the objectives and policies adopted
by the area board of trustees and with the intent of this chapter.
2. Organize, staff, and administer the library service area so as
to render the greatest benefit to libraries and information services
in the area.
3. Advise and counsel with the area board of trustees and
individual libraries in all matters pertaining to the improvement of
library services in the library service area.
4. Cooperate with other members of the library service area, the
state library of Iowa and representatives of the Iowa library
community in considering and developing plans for the improvement of
library services in Iowa.
5. Carry out the policies of the board of trustees not
inconsistent with state law. Section History: Recent Form
93 Acts, ch 48, §30; 2001 Acts, ch 158, §17; 2002 Acts, ch 1175,
§29
256.67A INSURANCE ELIGIBILITY.
Personnel employed by a library service area shall be considered
state employees for purposes of eligibility for receiving employee
health and dental insurance as provided to state employees by the
department of administrative services. If a library service area
elects to participate in a state employee health and dental insurance
program, the library service area shall continue to pay the costs of
employee participation in a program from funds appropriated for
purposes of the library service areas by the general assembly. Section History: Recent Form
99 Acts, ch 205, §21; 2001 Acts, ch 158, §18; 2003 Acts, ch 145,
§286
256.68 DISTRIBUTION AND ADMINISTRATION OF FUNDS.
1. Funds appropriated for the purpose of carrying out this part
shall be distributed equally to the library service area boards by
the commission of libraries.
2. In addition to funds received under subsection 1, a library
service area board of trustees may individually or cooperatively
apply to the commission of libraries for available grants. Section History: Recent Form
93 Acts, ch 48, §31; 2001 Acts, ch 158, §19--21
256.69 LOCAL FINANCIAL SUPPORT.
Commencing July 1, 1977, each city within its corporate boundaries
and each county within the unincorporated area of the county shall
levy a tax of at least six and three-fourths cents per thousand
dollars of assessed value on the taxable property or at least the
monetary equivalent thereof when all or a portion of the funds are
obtained from a source other than taxation, for the purpose of
providing financial support to the public library which provides
library services within the respective jurisdictions. Section History: Recent Form
93 Acts, ch 48, §32
Referred to in § 336.13, 692A.101
256.70 LIBRARY COMPACT AUTHORIZED.
The division of libraries and information services of the
department of education is hereby authorized to enter into interstate
library compacts on behalf of the state of Iowa with any state
bordering on Iowa which legally joins therein in substantially the
following form and the contracting states agree that:
1. Article I -- Purpose. Because the desire for the services
provided by public libraries transcends governmental boundaries and
can be provided most effectively by giving such services to
communities of people regardless of jurisdictional lines, it is the
policy of the states who are parties to this compact to cooperate and
share their responsibilities in providing joint and cooperative
library services in areas where the distribution of population makes
the provision of library service on an interstate basis the most
effective way to provide adequate and efficient services.
2. Article II -- Procedure. The appropriate state library
officials and agencies having comparable powers with those of the
Iowa commission of libraries of the party states or any of their
political subdivisions may, on behalf of said states or political
subdivisions, enter into agreements for the cooperative or joint
conduct of library services when they shall find that the execution
of agreements to that end as provided herein will facilitate library
services.
3. Article III -- Content. Any such agreement for the
cooperative or joint establishment, operation or use of library
services, facilities, personnel, equipment, materials or other items
not excluded because of failure to enumerate shall, as among the
parties of the agreement:
a. Detail the specific nature of the services, facilities,
properties or personnel to which it is applicable;
b. Provide for the allocation of costs and other financial
responsibilities;
c. Specify the respective rights, duties, obligations and
liabilities;
d. Stipulate the terms and conditions for duration, renewal,
termination, abrogation, disposal of joint or common property, if
any, and all other matters which may be appropriate to the proper
effectuation and performance of said agreement.
4. Article IV -- Conflict of laws. Nothing in this compact
or in any agreement entered into hereunder shall alter, or otherwise
impair any obligation imposed on any public library by otherwise
applicable laws, or be constituted to supersede.
5. Article V -- Administrator. Each state shall designate a
compact administrator with whom copies of all agreements to which the
state or any subdivision thereof is party shall be filed. The
administrator shall have such powers as may be conferred by the laws
of the administrator's state and may consult and cooperate with the
compact administrators of other party states and take such steps as
may effectuate the purposes of this compact.
6. Article VI -- Effective date. This compact shall become
operative when entered in by two or more entities having the powers
enumerated herein.
7. Article VII -- Renunciation. This compact shall continue
in force and remain binding upon each party state until six months
after any such state has given notice of repeal by the legislature.
Such withdrawal shall not be construed to relieve any party to an
agreement authorized by articles II and III of the compact from the
obligation of that agreement prior to the end of its stipulated
period of duration.
8. Article VIII -- Severability -- construction. The
provisions of this compact shall be severable. It is intended that
the provisions of this compact be reasonably and liberally construed.
Section History: Recent Form
93 Acts, ch 48, §33; 2008 Acts, ch 1032, §201
Referred to in § 256.51, 331.381
256.71 ADMINISTRATOR.
The administrator of the division of libraries and information
services shall be the compact administrator. The compact
administrator shall receive copies of all agreements entered into by
the state or its political subdivisions and other states or political
subdivisions; consult with, advise and aid such governmental units in
the formulation of such agreements; make such recommendations to the
governor, legislature, governmental agencies and units as the
administrator deems desirable to effectuate the purposes of this
compact and consult and co-operate with the compact administrators of
other party states. Section History: Recent Form
93 Acts, ch 48, §34
Referred to in § 331.381
256.72 AGREEMENTS.
The compact administrator and the chief executive of a county,
city, or library board may enter into agreements with other states or
their political subdivisions pursuant to the compact. The agreements
made pursuant to this compact on behalf of the state of Iowa shall be
made by the compact administrator. The agreements made on behalf of
a political subdivision shall be made after due notice to and
consultation with the compact administrator. Section History: Recent Form
93 Acts, ch 48, §35
Referred to in §331.381
256.73 ENFORCEMENT.
The agencies and officers of this state and its subdivisions shall
enforce this compact and do all things appropriate to effect its
purpose and intent which may be within their respective jurisdiction.
Section History: Recent Form
93 Acts, ch 48, §36
Referred to in § 331.381
256.74 THROUGH 256.79 Reserved.
256.80 DEFINITIONS.
As used in this subchapter unless the context otherwise requires:
1. "Administrator" means the administrator of the public
broadcasting division of the department of education.
2. "Board" means the Iowa public broadcasting board.
3. "Broadcast" means communications through a system that is
receivable by the general public with programming designed for a
large group of users.
4. "Narrowcast" means communications through systems that are
directed toward a narrowly defined audience.
5. "Radio and television facility" means transmitters,
towers, studios, and all necessary associated equipment for
broadcasting, including closed circuit television. Section History: Recent Form
93 Acts, ch 48, §37
256.81 PUBLIC BROADCASTING DIVISION CREATED --
ADMINISTRATOR -- DUTIES.
1. The public broadcasting division of the department of
education is created. The chief administrative officer of the
division is the administrator who shall be appointed by and serve at
the pleasure of the Iowa public broadcasting board. The board shall
set the division administrator's salary within the applicable salary
range established by the general assembly unless otherwise provided
by law. Educational programming shall be the highest priority of the
division. The director of the department of education and the state
board of education are not liable for the activities of the division
of public broadcasting.
2. The administrator shall do all of the following:
a. Direct and organize the activities of the division.
b. Submit a biennial report to the governor on the activities
and an evaluation of the division and its programs and policies.
c. Control all property of the division.
d. Perform other duties imposed by law. Section tory: Recent Form
93 Acts, ch 48, §38; 2006 Acts, ch 1185, §22
Referred to in § 8F.2
256.82 BOARD -- ADVISORY COMMITTEES.
1. The Iowa public broadcasting board is created to plan,
establish, and operate educational radio and television facilities
and other telecommunications services to serve the educational needs
of the state. The board shall be composed of nine members selected
in the following manner:
a. Four members shall be appointed by the governor so that
the portion of the board membership appointed under this paragraph
includes two male board members and two female board members at all
times:
(1) One member shall be appointed from the business community
other than the television and telecommunications industry.
(2) One member shall be appointed with experience in or knowledge
about the television industry.
(3) One member shall be appointed from the membership of a
fund-raising nonprofit organization financially assisting the Iowa
public broadcasting division.
(4) One member shall represent the general public.
b. Five members shall be selected in the manner provided in
this paragraph and the gender balance of the membership shall be
coordinated among the associations and boards making the appointments
so that not more than three members serving under this paragraph at
the same time are of the same gender.
(1) One member shall be appointed by the state association of
private colleges and universities.
(2) One member shall be appointed jointly by the superintendents
of the community colleges created by chapter 260C.
(3) One member shall be appointed jointly by the administrators
of the area education agencies created by chapter 273.
(4) One member shall be appointed by the state board of regents.
(5) One member shall be appointed by the state board of
education.
2. Board members shall serve a three-year term commencing on July
1 of the year of appointment. A vacancy shall be filled in the same
manner as the original appointment for the remainder of the term.
Membership on the board does not constitute holding a public
office and members shall not be required to take and file oaths of
office before serving. A member shall not be disqualified from
holding any public office or employment by reason of appointment to
the board nor shall a member forfeit an office or employment by
reason of appointment to the board.
3. The board shall appoint an advisory committee on journalistic
and editorial integrity which has no more than a simple majority of
members of the same gender. The division shall be governed by the
national principles of editorial integrity developed by the editorial
integrity project.
Duties of the advisory committee, and of additional advisory
committees the board may from time to time appoint, shall be
specified in rules of internal management adopted by the board.
Members of advisory committees shall receive actual expenses
incurred in performing their official duties. Section History: Recent Form
93 Acts, ch 48, §39; 94 Acts, ch 1184, §22; 2006 Acts, ch 1185,
§23--25
256.83 MEETINGS.
1. The board shall elect from among its members a president and a
vice president to serve a one-year term. The board shall meet at
least four times annually and shall hold special meetings at the call
of the president or in the absence of the president by the vice
president or by the president upon written request of four members.
The board shall establish procedures and requirements relating to
quorum, place, and conduct of meetings.
2. Board members shall receive actual expenses incurred in
performing their official duties. Section History: Recent Form
93 Acts, ch 48, §40
256.84 POWERS -- FACILITIES -- RULES.
1. The board may purchase, lease, and improve property,
equipment, and services for educational telecommunications including
the broadcast and narrowcast systems, and may dispose of property and
equipment when not necessary for its purposes.
2. The board shall apply for channels, frequencies, licenses,
permits, and other authorizations as necessary for the performance of
the board's duties.
3. This section does not prohibit institutions under the state
board of regents and community colleges under the department of
education from owning, operating, improving, maintaining, and
restructuring educational radio and television stations and
transmitters now in existence or other educational narrowcast
telecommunications systems and services. The institutions and
schools may enter into agreements with the board for the lease or
purchase of equipment and facilities.
4. The board may locate its administrative offices and production
facilities outside the city of Des Moines.
5. The board shall establish guidelines for and may impose and
collect fees and charges for services. Fees and charges collected by
the board for services shall be deposited to the credit of the
division. Any interest earned on these receipts, and revenues
generated under subsection 7, shall be retained and may be expended
by the division subject to the approval of the board.
6. The board may make and execute agreements, contracts, and
other instruments with any public or private entity and may retain
revenues generated from these contracts. State departments and
agencies, other public agencies, and governmental subdivisions and
private entities including but not limited to institutions of higher
education and nonpublic schools may enter into contracts and
otherwise cooperate with the board.
7. The board may contract with engineers, attorneys, accountants,
financial experts, and other advisors upon the recommendation of the
administrator. The board may enter into contracts or agreements for
such services with local, state, or federal governmental agencies.
8. To preserve the integrity of its editorial processes, the
board may select programming, content partners, and other authorized
contractual services without using a competitive selection process or
performance measures that may otherwise be required by law for such
services. For purposes of this subsection, authorized contractual
services are those services related, directly or indirectly, to the
development of program production and instructional and educational
media. Authorized contractual services include but are not limited
to on-air performers, producers or directors, field producers,
writers, production assistants, manual laborers, mobile unit
services, closed captioning services, duplication of tape services,
and satellite services.
9. The board shall approve for submission the annual budget
request and any supplementary budget request for the public
broadcasting division of the department of education.
10. The board may adopt rules to implement and administer the
programs of the division.
11. The decision of the board is final agency action under
chapter 17A. Section History: Recent Form
93 Acts, ch 48, §41; 2006 Acts, ch 1185, §26--28
256.85 PURCHASE OF ENERGY EFFICIENCY PACKAGES.
The public broadcasting division of the department of education
may use the state of Iowa facilities improvement corporation to
purchase energy efficiency packages. Section History: Recent Form
93 Acts, ch 48, §42; 2006 Acts, ch 1185, §29
256.86 COMPETITION WITH PRIVATE SECTOR.
It is the intent of the general assembly that the division shall
not compete with the private sector by actively seeking revenue from
its operations. It is not the intent of the general assembly to
prohibit the receipt of charitable contributions as defined by
section 170 of the Internal Revenue Code. The board, the governor,
or the administrator may apply for and accept federal or nonfederal
gifts, loans, or grants of funds and may use the funds for projects
under this chapter. Section History: Recent Form
93 Acts, ch 48, §43
256.87 COSTS AND FEES -- CAPITAL EQUIPMENT
REPLACEMENT REVOLVING FUND.
1. The board may provide noncommercial production or reproduction
services for other public agencies, nonprofit corporations or
associations organized under state law, or other nonprofit
organizations, and may collect the costs of providing the services
from the public agency, corporation, association, or organization,
plus a separate equipment usage fee in an amount determined by the
board and based upon the equipment used. The costs shall be
deposited to the credit of the board. The separate equipment usage
fee shall be deposited in the capital equipment replacement revolving
fund.
2. The board may establish a capital equipment replacement
revolving fund into which shall be deposited equipment usage fees
collected under subsection 1 and funds from other sources designated
for deposit in the capital equipment replacement revolving fund. The
board may expend moneys from the capital equipment replacement
revolving fund to purchase technical equipment for operating the
educational radio and television facility. Section History: Recent Form
93 Acts, ch 48, §44
256.88 TRUSTS.
Notwithstanding section 633.63, the board may accept and
administer trusts and may authorize nonprofit foundations acting
solely for the support of educational telecommunications including
the broadcast and narrowcast systems to accept and administer trusts
deemed by the board to be beneficial to the operation of the
educational radio and television facility. The board and the
foundations may act as trustees in such instances. Section History: Recent Form
93 Acts, ch 48, §45
256.89 STATE PLAN. Repealed by 2006 Acts, ch 1185,
§ 31.
256.90 NARROWCAST OPERATIONS.
The board shall not use, permit use, or permit resale of its
telecommunications narrowcast system for other than educational
purposes. The board, in the establishment and operation of its
telecommunications narrowcast system, shall use facilities and
services of the private telecommunications industry companies to the
greatest extent possible and is prohibited from constructing
telecommunications facilities unless comparable facilities are not
available from the private telecommunications industry at comparable
quality and price.
Notwithstanding chapter 476, the provisions of chapter 476 shall
not apply to a public utility in furnishing a telecommunications
service or facility to the board. Section History: Recent Form
93 Acts, ch 48, §47