CHAPTER 256DEPARTMENT OF EDUCATION
Department includes Iowa advance funding authority; §7E.7, chapter 257C
SUBCHAPTER I
GENERAL PROVISIONS
256.1Department established.
256.2Definitions.
256.3State board established.
256.4Oath — vacancies.
256.5Compensation and expenses.
256.5ANonvoting member.
256.6Regular and special meetings.
256.7Duties of state board.
256.8Director of department of education.
256.9Duties of director.
256.9ALimitation on guidance and interpretations.
256.10Employment of professional staff.
256.10ADuties of consultants.
256.11Educational standards.
256.11ATeacher librarian — guidance counselor — school nurse — waivers. Repealed by 2013 Acts, ch 90, §216.
256.11BCareer and technical education instruction nonpublic schools.
256.12Sharing instructors and services.
256.13Nonresident pupils.
256.14Permanent revolving fund.
256.15Nonpublic school advisory committee.
256.16Specific criteria for teacher preparation and certain educators.
256.17Postsecondary course audit committee.
256.18Character education policy.
256.18AService learning.
256.19Pilot projects to improve instructional programs. Repealed by 2016 Acts, ch 1036, §15.
256.20 and 256.21 Repealed by 2013 Acts, ch 88, §37.
256.22Extended year school grant program. Repealed by 2013 Acts, ch 88, §37; 2013 Acts, ch 90, §216.
256.23Administrative advancement and recruitment program. Repealed by 2013 Acts, ch 88, §37.
256.24Competency-based education grant program.
256.25Reading instruction pilot project grant program. Repealed by 2007 Acts, ch 214, §43.
256.26Before and after school grant program. Repealed by 2018 Acts, ch 1057, §13.
256.27Online state job posting system.
256.28Teach Iowa student teaching pilot project.
256.29Council on educator development established. Repealed by 2017 Acts, ch 29, §164.
256.30Educational expenses for American Indians.
256.31Community college council.
256.32Council for agricultural education.
256.33Educational technology assistance.
256.34Fine arts beginning teacher mentoring program.
256.35Regional autism assistance program.
256.35AIowa autism council.
256.36Math and science grant program.
256.37School restructuring and effectiveness — policy — findings.
256.38School-to-work transition system. Repealed by 2013 Acts, ch 88, §37.
256.39Career pathways program.
256.40Statewide work-based learning intermediary network fund steering committee regional networks.
256.41Online learning requirements school districts.
256.42Iowa learning online initiative.
256.43Online learning program model.
256.44National board certification pilot project.
256.45Ambassador to education.
SUBCHAPTER II
PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES
256.46Rules for participation in extracurricular activities by certain children.
256.47through 256.49 Reserved.
SUBCHAPTER III
LIBRARY SERVICES
PART 1
GENERAL PROVISIONS
256.50Division of library services — definitions.
256.51Division of library services — duties and responsibilities.
256.52Commission of libraries established — duties of commission and state librarian — state library fund created.
256.53State publications.
256.54State library — law library.
256.55State data center.
256.56Electronic access to documents.
256.57Enrich Iowa program.
256.58Library support network.
256.59Specialized library services.
PART 2
LIBRARY SERVICES ADVISORY PANEL AND LOCAL FINANCIAL SUPPORT
256.60and 256.61 Repealed by Acts, ch , §.
256.62Library services advisory panel.
256.63through 256.65 Repealed by 2001 Acts, ch 158, §40.
256.66through 256.68 Repealed by Acts, ch , §.
256.69Local financial support.
PART 3
LIBRARY COMPACT
256.70Library compact authorized.
256.71Administrator.
256.72Agreements.
256.73Enforcement.
256.74through 256.79 Reserved.
SUBCHAPTER IV
PUBLIC BROADCASTING
256.80Definitions.
256.81Public broadcasting division created — administrator — duties.
256.82Board — advisory committees.
256.83Meetings.
256.84Powers — facilities — rules.
256.85Purchase of energy efficiency packages.
256.86Competition with private sector.
256.87Capital equipment replacement revolving fund.
256.88Trusts.
256.89State plan. Repealed by 2006 Acts, ch 1185, §31.
256.90Narrowcast operations.
SUBCHAPTER IGENERAL PROVISIONS256.1Department 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.1986 Acts, ch 1245, §1401; 1993 Acts, ch 48, §12; 1994 Acts, ch 1023, §92Referred to in 7E.5, 292.1256.2Definitions.As used in this chapter:1.  “Department” means the department of education.2.  “Director” means the director of the department of education.3.  “Online learning” and “online coursework” mean educational instruction and content which are delivered primarily over the internet. “Online learning” and “online coursework” do not include print-based correspondence education, broadcast television or radio, videocassettes, or stand-alone educational software programs that do not have a significant internet-based instructional component.4.  “State board” means the state board of education.5.  “Telecommunications” means narrowcast communications through systems that are directed toward a narrowly defined audience and includes interactive live communications. “Telecommunications” does not include online learning.86 Acts, ch 1245, §1402, 2012 Acts, ch 1119, §13, 2015 Acts, ch 30, §86256.3State board established.1.  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.2.  The voting members shall be registered voters of the state and hold no other elective or appointive state office. Not more than five voting members shall be of the same political party. 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. 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. 3.  The terms of office for voting members are for six years beginning and ending as provided in section 69.19.86 Acts, ch 1245, §1403, 90 Acts, ch 1253, §4, 95 Acts, ch 49, §4, 2002 Acts, ch 1140, §1, 2016 Acts, ch 1011, §42Referred to in 256.31
Confirmation, see §2.32
256.4Oath — 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.1986 Acts, ch 1245, §1404; 2002 Acts, ch 1140, §2256.5Compensation 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.1986 Acts, ch 1245, §1405256.5ANonvoting member.1.a.  The governor shall appoint the one nonvoting student member of the state board for a term of one year if the student is enrolled in grade eleven or for a term of two years if the student is enrolled in grade ten. The term shall begin and end 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.b.  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.2.  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.3.  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.4.  The nonvoting student member appointment is not subject to section 69.16 or 69.16A.5.  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. 6.  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.7.  A vacancy in the membership of the nonvoting student member shall not be filled until the expiration of the term.2002 Acts, ch 1140, §3, 2003 Acts, ch 180, §1, 2013 Acts, ch 88, §1Referred to in 256.3256.6Regular 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.1986 Acts, ch 1245, §1406; 1988 Acts, ch 1013, §1256.7Duties of state board.Except for the college student aid commission, the commission of libraries and division of library services, 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 career and technical 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.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.  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.15.  Reserved.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 library 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.  For a school or school district with a school calendar measuring instructional time in days pursuant to section 279.10, subsection 1, define the minimum school day as a day consisting of six 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 thirty 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 thirty 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 ten, 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.(1)  Rules adopted pursuant to this subsection shall specify that the statewide summative assessment of student progress administered by school districts for purposes of the core academic indicators shall be the summative assessment developed by the Iowa testing program within the university of Iowa college of education and administered by the Iowa testing program’s designee.(2)  For the school year beginning July 1, 2018, and each succeeding school year, the rules shall also require all of the following:(a)  That all students enrolled in school districts in grades three through eleven be administered an assessment in mathematics and English language arts, including reading and writing, during the last quarter of the school year and all students enrolled in school districts in grades five, eight, and ten be administered an assessment in science during the last quarter of the school year.(b)  That the assessment, at a minimum, assess the core academic indicators identified in this paragraph “b”; be aligned with the Iowa common core standards in both content and rigor; accurately describe student achievement and growth for purposes of the school, the school district, and state accountability systems; provide valid, reliable, and fair measures of student progress toward college or career readiness; and meet the summative assessment requirements of the federal Every Student Succeeds Act, Pub.L. No.114-95.(c)  That the assessment be available for administration in both paper-and-pencil and computer-based formats and include assessments in mathematics, science, and English language arts, including reading and writing.(d)  That the assessment be peer-reviewed by an independent, third-party evaluator to determine that the assessment is aligned with the Iowa core academic standards, provides a measurement of student growth and student proficiency, and meets the summative assessment requirements of the federal Every Student Succeeds Act, Pub.L. No.114-95. The assessment developed by the Iowa testing program within the university of Iowa college of education shall be adjusted as necessary to meet the requirements of this subparagraph (2) as determined by the peer review.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.a.  Financial data submitted to the division by a community college shall be broken down by fund.b.  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.c.  The department shall include a statewide summary of the financial data submitted in accordance with paragraph “a” in the annual condition of community colleges report, which upon approval of the state board, shall be submitted to the general assembly on or before February 1 of each year.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 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.(1)  The rules establishing high school graduation requirements shall provide that any student, at any grade level, who satisfactorily completes a high school-level unit of instruction at a school accredited under section 256.11 has satisfactorily completed a unit of the high school graduation requirements for that area of instruction and the school district or accredited nonpublic school of enrollment shall issue high school credit for the unit to the student unless the student is unable to demonstrate proficiency or the school district or accredited nonpublic school determines that the course unit completed by the student does not meet the school district’s or accredited nonpublic school’s standards, as appropriate. If a student is denied credit under this subparagraph, the school district or accredited nonpublic school denying credit shall provide to the student’s parent or guardian in writing the reason for the denial.(2)  The rules shall allow a school district or accredited nonpublic school to award high school credit to an enrolled student upon the demonstration of required competencies for a course or content area, as approved by a teacher licensed under chapter 272. The school district or accredited nonpublic school shall determine the assessment methods by which a student demonstrates sufficient evidence of the required competencies.(3)  The rules establishing a core curriculum 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, family life and consumer sciences, and employability skills; and shall address the curricular needs of students in kindergarten through grade twelve in those areas. The state board shall further define the twenty-first century learning skills components by rule.(4)  The rules shall provide for the establishment of high-quality standards for computer science education taught by elementary, middle, and high schools, in accordance with the goal established under section 284.6A, subsection 1, setting a foundation for personal and professional success in a high-technology, knowledge-based Iowa economy. Such rules shall be applicable only to school districts and accredited nonpublic schools receiving moneys from the computer science professional development incentive fund under section 284.6A, or from other funds administered by the department for the same purposes as specified in section 284.6A, subsection 2.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 47.28.  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. 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.30.  Set standards and procedures for the approval of training programs for individuals who seek an authorization issued by the board of educational examiners for the following:a.  Employment as a school business official responsible for the financial operations of a school district.b.  Employment as a school administration manager responsible for assisting a school principal in performing noninstructional duties.31.a.  Adopt by rule guidelines for school district implementation of section 279.68, including but not limited to basic levels of reading proficiency on approved locally determined or statewide assessments and identification of tools that school districts may use in evaluating and reevaluating any student who may not be or who is determined not to be reading proficiently and is persistently at risk in reading, including but not limited to initial assessments and subsequent assessments, alternative assessments, and portfolio reviews. The state board shall adopt standards that provide a reasonable expectation that a student’s progress toward reading proficiency under section 279.68 is sufficient to master appropriate grade four level reading skills prior to the student’s promotion to grade four.b.  Adopt rules for the Iowa reading research center and for implementation of the intensive summer literacy program developed and administered pursuant to section 256.9, subsection 49.c.  Adopt rules to establish standards for the identification, selection, and use of research-based educational and instructional models for students identified as limited English proficient, and standards for the professional development of the instructional staff responsible for implementation of those models.32.a.  Adopt rules for online learning in accordance with sections 256.42 and 256.43, and criteria for waivers granted pursuant to section 256.42.b.(1)  Adopt rules which require that educational instruction and course content delivered primarily over the internet be aligned with the Iowa core standards as applicable. Under such rules, a school district may develop and offer to students enrolled in the district educational instruction and course content for delivery primarily over the internet. A school district providing educational instruction and course content that are delivered primarily over the internet shall annually submit to the department, in the manner prescribed by the department, data that includes but is not limited to the following:(a)  Student achievement and demographic characteristics.(b)  Retention rates.(c)  The percentage of enrolled students’ active participation in extracurricular activities.(d)  Academic proficiency levels, consistent with requirements applicable to all school districts and accredited nonpublic schools in this state.(e)  Academic growth measures, which shall include either of the following:(i)  Entry and exit assessments in, at a minimum, math and English for elementary and middle school students, and additional subjects, including science, for high school students.(ii)  State-required assessments that track year-over-year improvements in academic proficiency.(f)  Academic mobility. To facilitate the tracking of academic mobility, school districts shall request the following information from the parent or guardian of a student enrolled in educational instruction and course content that are delivered primarily over the internet:(i)  For a student newly enrolling, the reasons for choosing such enrollment.(ii)  For a student terminating enrollment, the reasons for terminating such enrollment.(g)  Student progress toward graduation. Measurement of such progress shall account for specific characteristics of each enrolled student, including but not limited to age and course credit accrued prior to enrollment in educational instruction and course content that are delivered primarily over the internet, and shall be consistent with evidence-based best practices.(2)  The department shall compile and review the data collected pursuant to this paragraph “b” and shall submit its findings and recommendations for the continued delivery of educational instruction and course content by school districts delivered primarily over the internet, in a report to the general assembly by January 15 annually.33.a.  For purposes of this subsection:(1)  “Adverse childhood experience” means the same as defined in section 279.70.(2)  “Postvention” means the same as defined in section 279.70.b.  Adopt rules to require school districts to adopt protocols for suicide prevention and postvention and the identification of adverse childhood experiences and strategies to mitigate toxic stress response. The protocols shall be based on nationally recognized best practices.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, 2010 Acts, ch 1099, §1, 2011 Acts, ch 20, §4, 5, 2011 Acts, ch 71, §1, 2011 Acts, ch 131, §58, 158, 2011 Acts, ch 132, §41, 42, 106, 2012 Acts, ch 1119, §1, 3, 4, 14, 15, 24, 31, 2013 Acts, ch 121, §47, 79, 85, 2014 Acts, ch 1003, §1, 2014 Acts, ch 1013, §1, 2, 2014 Acts, ch 1092, §56, 2014 Acts, ch 1135, §7, 2015 Acts, ch 30, §87, 2015 Acts, ch 138, §99 – 101, 2016 Acts, ch 1036, §1, 2016 Acts, ch 1108, §24, 25, 2016 Acts, ch 1123, §1, 2016 Acts, ch 1132, §6, 2016 Acts, ch 1138, §13, 2017 Acts, ch 106, §1, 2017 Acts, ch 128, §1, 2, 4, 2018 Acts, ch 1037, §1, 2, 2018 Acts, ch 1051, §1, 2018 Acts, ch 1057, §1 – 3, 2018 Acts, ch 1119, §1 – 3, 2018 Acts, ch 1121, §1, 2018 Acts, ch 1172, §22Referred to in 256.9, 256.11, 256.16, 256.28, 256.33, 256.42, 256.43, 256F.4, 256F.5, 257.11, 257.31, 257.43, 260C.4, 261.110, 261B.3A, 261E.9, 272.31, 273.2, 279.47, 279.61, 279.68, 280.3, 280.9, 280.19, 280.28, 282.18, 282.31, 282.33, 284.5, 284.6, 284A.2, 284A.3, 284A.5, 284A.6, 284A.7, 290.5
Subsection 21, paragraph b amended
Subsection 21, paragraph c stricken
Subsection 26, paragraph a, subparagraph (1) amended
Subsection 28 amended
Subsection 32 amended
NEW subsection 33
256.8Director 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.1986 Acts, ch 1245, §1408
Confirmation, see §2.32
256.9Duties of director.Except for the college student aid commission, the commission of libraries and division of library services, 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. The director shall include, on any report for which the department prescribes the form and manner of its submission, a reference to any state or federal statute, rule, or regulation that requires the inclusion of certain information in the report.19.  The department shall compile the financial information related to chapters 423E and 423F from the certified annual reports of each school district received pursuant to section 291.10, subsection 2, and shall submit the information to the general assembly in an annual report each February 1.20.  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.21.  Preserve reports, documents, and correspondence that may be of a permanent value, which shall be open for inspection under reasonable conditions.22.  Keep a record of the business transacted by the director.23.  Endeavor to promote among the people of the state an interest in education.24.  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.25.  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.26.  Approve the salaries of area education agency administrators.27.  Develop criteria and procedures to assist in the identification of at-risk children and their developmental needs.28.  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.29.  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.30.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.31.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 committee established pursuant to section 135.173A, the department of human services, the state board of regents center for early developmental education, the area education agencies, the department of human development and family studies in the college of human 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.32.  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 279.49.33.  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.34.  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.10.35.  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.36.  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.46.37.  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.38.  Serve as an ex officio member of the commission of libraries.39.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 timeline for the submission, review, and granting or denying of requests for exemption from one or more standards.40.  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.41.  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.42.  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 25.43.  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.44.  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.45.  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.46.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 internet-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.47.  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.48.  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 3.49.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. 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.c.  Establish, subject to an appropriation of funds by the general assembly, an Iowa reading research center which shall collaborate with the area education agencies in implementing the provisions of this paragraph “c”. (1)  The purpose of the center shall be to apply current research on literacy to provide for the development and dissemination of all of the following:(a)  Instructional strategies for prekindergarten through grade twelve to achieve literacy proficiency that includes reading, reading comprehension, and writing for all students.(b)  Strategies for identifying and providing evidence-based interventions for students, beginning in kindergarten, who are at risk of not achieving literacy proficiency.(c)  Models for effective school and community partnerships to improve student literacy.(d)  Reading assessments.(e)  Professional development strategies and materials to support teacher effectiveness in student literacy development. Subject to an appropriation of funds by the general assembly, the center shall collaborate and coordinate with the area education agencies and the department to develop and offer to school districts at no cost professional development services to enhance the skills of elementary teachers in the use of evidence-based strategies to improve the literacy skills of all students.(f)  Data reports on attendance center, school district, and statewide progress toward literacy proficiency in the context of student, attendance center, and school district demographic characteristics.(g)  An intensive summer literacy program. The center shall establish program criteria and guidelines for implementation of the program by school districts, under rules adopted by the state board pursuant to section 256.7, subsection 31.(2)  The first efforts of the center shall focus on kindergarten through grade three. The center shall draw upon national and state expertise in the field of literacy proficiency, including experts from Iowa’s institutions of higher education and area education agencies with backgrounds in literacy development. The center shall seek support from the Iowa research community in data report development and analysis of available information from Iowa education data sources. The center shall work with the department to identify additional needs for tools and technical assistance for Iowa schools to help schools achieve literacy proficiency goals and seek public and private partnerships in developing and accessing necessary tools and technical assistance.(3)  The center shall submit a detailed annual financial report, a description of the center’s activities for the prior fiscal year, and a statement of its proposed and projected activities to the general assembly by January 15 annually.50.  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 academy of nutrition and dietetics.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.51.  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.52.  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 internet site 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 internet site 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.53.  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 4.54.  Provide guidance and standards to area education agencies for federal and state education initiatives which the area education agencies must implement statewide.55.  Develop and establish an online learning program model in accordance with rules adopted pursuant to section 256.7, subsection 32, and in accordance with section 256.43. The director shall maintain a list of approved online providers that meet the standards of section 256.42, subsection 6, and provide course content through an online learning platform taught by a teacher licensed under chapter 272 who has specialized training or experience in online learning. Providers shall apply for approval annually or as determined by the department.56.a.  Develop and implement a coaching and support system for teachers aligned with the framework and comparable systems approved as provided in section 284.15.b.  Develop and implement in collaboration with education stakeholders, a coaching and support system for administrators. The coaching and support system shall be aligned with the beginning administrator mentoring and induction program created pursuant to section 284A.5 and shall also be designed to support administrators in school districts approved to implement the framework and comparable systems set forth pursuant to sections 284.15, 284.16, and 284.17. For the fiscal year beginning July 1, 2017, and each subsequent fiscal year, the coaching and support system for administrators shall be available to any school district whether or not the district has been approved to implement the framework and comparable systems set forth pursuant to sections 284.15, 284.16, and 284.17.57.  Administer the workforce training and economic development funds created pursuant to section 260C.18A.58.  Dedicate at least one-half of one of the department’s authorized full-time equivalent positions to maintain a fine arts consultant to provide guidance and assistance, including but not limited to professional development, strategies, and materials, to the department, school districts, and accredited nonpublic schools relating to music, visual art, drama and theater, and other fine and applied arts programs and coursework.59.  Develop and administer a seal of biliteracy program to recognize students graduating from high school who have demonstrated proficiency in two or more world languages, one of which may be American sign language, though one of which must be English. Participation in the program by a school district, attendance center, or accredited nonpublic school shall be voluntary. The department shall work with stakeholders to identify standardized tests that may be utilized to demonstrate proficiency. The department shall produce a seal of biliteracy, which may include but need not be limited to a sticker that may be affixed to a student’s high school transcript or a certificate that may be awarded to the student. A participating school district or school shall notify the department of the names of the students who have qualified for the seal and the department shall provide the school district or school with the appropriate number of seals or other authorized endorsement. The department may charge a nominal fee to cover printing and postage charges related to issuance of the biliteracy seal under this subsection.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, Acts, ch , §, 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, 2010 Acts, ch 1001, §1, 2010 Acts, ch 1031, §269, 359, 361, 2010 Acts, ch 1193, §118, 2011 Acts, ch 132, §43, 106, 2012 Acts, ch 1119, §16, 32, 2013 Acts, ch 30, §56, 2013 Acts, ch 90, §257, 2013 Acts, ch 121, §102, 2013 Acts, ch 129, §64, 2013 Acts, ch 141, §33, 2014 Acts, ch 1077, §1, 2014 Acts, ch 1135, §8 – 11, 2015 Acts, ch 138, §15, 161, 162, 2016 Acts, ch 1036, §2, 2017 Acts, ch 172, §10, 2018 Acts, ch 1057, §4, 5, 2018 Acts, ch 1071, §1, 2018 Acts, ch 1119, §4, 17, 2018 Acts, ch 1163, §9Referred to in 15H.7, 22.7, 256.7, 256.42, 256.43, 256F.4, 257.50, 261E.9, 273.2, 273.10, 279.50, 282.11, 284.3, 284.6, 284.8
Subsection 18 amended
Subsection 49, paragraph a amended
Subsection 55 stricken
Former subsection 56 amended and renumbered as 55
Former subsections 57 59 renumbered as 56 58
NEW subsection 59
256.9ALimitation on guidance and interpretations.1.  For the purposes of this section, “guidance” means a document or statement issued by the department, the state board, or the director that purports to interpret a law, a rule, or other legal authority and is designed to provide advice or direction to a person regarding the implementation of or compliance with the law, the rule, or the other legal authority being interpreted.2.  The department, the state board, or the director shall not issue guidance inconsistent with any statute, rule, or other legal authority and shall not issue guidance that imposes any legally binding obligations or duties upon any person unless such legally binding obligations or duties are required or reasonably implied by any statute, rule, or other legal authority.3.  This section shall not apply to a rule adopted pursuant to chapter 17A, a declaratory order issued pursuant to section 17A.9, a document or statement required by federal law or a court, or a document or statement issued in the course of a contested case proceeding, an administrative proceeding, or a judicial proceeding to which the department, the state board, or the director is a party.4.  Guidance issued by the department, the state board, or the director in violation of subsection 2 shall not be deemed to be legally binding.2018 Acts, ch 1112, §1, 16, 2018 Acts, ch 1119, §18, 19
See Code editor’s note on simple harmonization at the end of Vol VI
NEW section
256.10Employment 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.1986 Acts, ch 1245, §1410; 1997 Acts, ch 212, §21; 2002 Acts, ch 1140, §6Referred to in 256.9256.10ADuties of consultants.1.  Consultants employed by the director and paid from the fund created by section 8.41 from moneys received from Pub.L.No.97-35, Tit.V, subtit.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.2.  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 256.11.87 Acts, ch 233, §450, 2010 Acts, ch 1061, §180256.11Educational 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; career exploration and development; physical education; music; and visual art. Career exploration and development shall be designed so that students are appropriately prepared to create an individual career and academic plan pursuant to section 279.61, incorporate foundational career and technical education concepts aligned with the six career and technical education service areas as defined in subsection 5, paragraph “h”, and incorporate relevant twenty-first century skills. 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 career exploration and development 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 world language which may include American sign language. The department may waive the third and fourth years of the world 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 world language class, the world language class was properly scheduled, students were aware that a world language class was scheduled, and no students enrolled in the class.g.(1)  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:(a)  A work-based learning 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.(b)  An organized and supervised athletic program which requires at least as much participation per week as one-eighth unit of physical education.(2)  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.(3)  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.(1)  A minimum of three sequential units in at least four of the following six career and technical education service areas: (a)  Agriculture, food, and natural resources.(b)  Arts, communications, and information systems.(c)  Applied sciences, technology, engineering, and manufacturing, including transportation, distribution, logistics, architecture, and construction.(d)  Health sciences.(e)  Human services, including law, public safety, corrections, security, government, public administration, and education and training.(f)  Business, finance, marketing, and management.(2)  Instructional programs provided under subparagraph (1) shall comply with the provisions of chapter 258 relating to career and technical education, and shall be articulated with postsecondary programs of study and include field, laboratory, or on-the-job training. Each sequential unit shall contain a portion of a career and technical education program approved by the department. Standards for instructional programs shall include but not be limited to 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. (3)  The department of education shall permit school districts, in meeting the requirements of this section, to use career and technical education core courses in more than one career and technical education service area and to use multi-occupational courses to complete a sequence in more than one career and technical education service area.(4)  This paragraph “h” does not apply to the teaching of career and technical education in nonpublic schools.i.  Three units in the fine arts which shall include at least two of the following: dance, music, theater, and visual art.j.(1)  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.(2)  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.(1)  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.(2)  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 deaccredit the school district and 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 deaccredit the school district 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 deaccredit the nonpublic school. The deaccreditation 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 deaccredited.12.  If the state board deaccredits a school district and merges the territory of the school district with one or more contiguous school districts, the deaccredited school district ceases to exist as a school corporation on the effective date set by the state board for deaccreditation. Notwithstanding any other provision of law, the contiguous school districts receiving territory of the deaccredited school district are not considered successor school corporations of the deaccredited school district.a.  Division of assets and liabilities of the deaccredited school district shall be as provided in this paragraph “a” and in sections 275.29 through 275.31.(1)  If one or more of the contiguous school districts receiving assets and liabilities of the deaccredited school district utilizes the equalization levy, only that territory in the school district imposing the equalization levy that comprises territory of the deaccredited 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 deaccredited school district.(3)  Revenues that are based on student enrollment shall be distributed based on percentages of students who were enrolled in the deaccredited school district in the school year immediately prior to deaccreditation and who now reside in territory received by one or more school districts contiguous to the deaccredited school district.(4)  If the deaccredited school district has a negative fund balance in its general fund at the time it is deaccredited by the state board, the director may order that the positive balance from one or more other funds of the deaccredited school district be transferred to the deaccredited school district’s general fund.b.  Prior to the effective date set by the state board for deaccreditation, the school district 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 deaccredited school district.(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 deaccreditation of a school district and merger of the territory of such school district 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.16.a.  Notwithstanding subsections 1 through 12, a nonpublic school may be accredited by an approved independent accrediting agency instead of by the state board as provided in this subsection. The state board shall maintain a list of approved independent accrediting agencies comprised of at least six regional or national nonprofit, nongovernmental agencies recognized as reliable authorities concerning the quality of education offered by a school and shall publish the list of independent accrediting agencies on the department’s internet site. The list shall include accrediting agencies that, as of January 1, 2013, accredited a nonpublic school in this state that was concurrently accredited under this section;and any agency that has a formalized partnership agreement with another agency on the list and has member schools in this state as of January 1, 2013.b.  A nonpublic school that participates in the accreditation process offered by an independent accrediting agency on the approved list published pursuant to paragraph “a” shall be deemed to meet the education standards of this section. However, such a school shall comply with statutory health and safety requirements for school facilities.c.  If the state board takes preliminary action to remove an agency from the approved list published on the department’s internet site pursuant to paragraph “a”, the department shall, at least one year prior to removing the agency from the approved list, notify the nonpublic schools participating in the accreditation process offered by the agency of the state board’s intent to remove the accrediting agency from its approved list of independent accrediting agencies. The notice shall also be posted on the department’s internet site and shall contain the proposed date of removal. The nonpublic school shall attain accreditation under this subsection or subsections 1 through 12 not later than one year following the date on which the state board removes the agency from its list of independent accrediting agencies.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, 2010 Acts, ch 1061, §180, 2010 Acts, ch 1064, §1, 2, 2013 Acts, ch 121, §89, 2016 Acts, ch 1108, §26 – 28, 2016 Acts, ch 1138, §15, 24, 2017 Acts, ch 29, §58, 2018 Acts, ch 1083, §2Referred to in 161A.7, 237.1, 237A.1, 256.7, 256.9, 256.10A, 256.11B, 256.42, 257.11, 257.31, 258.3A, 258.4, 258.6, 258.10, 258.14, 258.15, 261E.9, 273.2, 279.50, 279.61, 280.2, 280.3, 282.18, 282.34, 285.16, 299.2, 299.24, 422.7, 422.11S, 422.12, 455E.8, 483A.27, 714.19
Career and technical agriculture education; §280.20
For future text of subsection 5, paragraph k, effective July 1, 2019, see 2018 Acts, ch 1119, §20, 21; 2018 Acts, ch 1163, §10
Subsection 5, paragraph f amended
256.11ATeacher librarian — guidance counselor — school nurse — waivers.Repealed by 2013 Acts, ch 90, §216.256.11BCareer and technical education instruction nonpublic schools.A nonpublic school that provides an educational program that includes grades nine through twelve shall offer and teach five units of career and technical education subjects, which may include, but are not limited to, programs, services, and activities which prepare students for employment in occupations relating to service areas specified in section 256.11, subsection 5, paragraph “h”. Instruction shall be competency-based, articulated with postsecondary programs of study, and may include field, laboratory, or on-the-job training.92 Acts, ch 1127, §3, 2016 Acts, ch 1108, §29256.12Sharing 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.a.  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.b.  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.c.  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.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, 2010 Acts, ch 1061, §180Referred to in 256B.9, 273.2256.13Nonresident 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 282.12.1986 Acts, ch 1245, §1413; 1987 Acts, ch 224, §27Referred to in 275.1, 275.2, 282.10256.14Permanent 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.1986 Acts, ch 1244, §32; 1986 Acts, ch 1245, §1414256.15Nonpublic school advisory committee.1.  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.2.  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.1986 Acts, ch 1245, §1415256.16Specific 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.(1)  Administer a preprofessional skills test offered by a nationally recognized testing service 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.(2)  Administer, prior to a student’s completion of the practitioner preparation program and subject to the director’s approval, subject assessments designed by a nationally recognized testing service that measure pedagogy and knowledge of at least one subject area; or, a valid and reliable subject-area-specific, performance-based assessment for preservice teacher candidates, centered on student learning. A student shall not successfully complete the program unless the student achieves scores above the twenty-fifth percentile nationally on the assessments administered pursuant to this subparagraph.b.  Include preparation in reading theory, knowledge, strategies, and approaches; and for integrating literacy instruction into content areas. Such preparation shall address all students, including but not limited to students with disabilities; students who are at risk of academic failure; students who have been identified as gifted and talented or limited English proficient; and students with dyslexia, whether or not such students have been identified as children requiring special education under chapter 256B.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.d.  Require that each student admitted to an approved practitioner preparation program participate in field experiences that include both observation and participation in teaching activities in a variety of school settings. These field experiences shall comprise a total of at least fifty hours in duration, at least ten hours of which shall occur prior to a student’s acceptance in an approved practitioner preparation program. The student teaching experience shall be a minimum of fourteen weeks in duration during the student’s final year of the practitioner preparation program. The program shall make every reasonable effort to offer the student teaching experience prior to a student’s last semester, or equivalent, in the program, and to expand the student’s student teaching opportunities beyond one semester or the equivalent.e.  Require that faculty members in professional education maintain an ongoing involvement in activities in elementary, middle, or secondary schools. The activities shall include at least forty hours of team teaching during a period not exceeding five years in duration at the elementary, middle, or secondary level.f.  Include instruction in skills and strategies to be used in classroom management of individuals, and of small and large groups, under varying conditions; skills for communicating and working constructively with pupils, teachers, administrators, and parents; preparation in reading theory, knowledge, strategies, and approaches, and for integrating literacy instruction into content areas in accordance with this section; and skills for understanding the role of the state board and the functions of other education agencies in the state. Rules adopted in accordance with this paragraph shall be based upon recommendations of the department after consultation with teacher education faculty members in colleges and universities.g.  Prescribe minimum experiences and responsibilities to be accomplished during the student teaching experience by the student teacher and by the cooperating teacher based upon recommendations of the department after consultation with teacher education faculty members in colleges and universities. The student teaching experience shall include opportunities for the student teacher to become knowledgeable about the Iowa teaching standards, including but not limited to a mock evaluation performed by the cooperating teacher. The mock evaluation shall not be used as an assessment tool by the practitioner preparation program. The student teaching experience shall consist of interactive experiences involving the college or university personnel, the student teacher, the cooperating teacher, and administrative personnel from the cooperating teacher’s school district.h.  Offer annually a workshop of at least one day in duration for prospective cooperating teachers. The workshop shall define the objectives of the student teaching experience, review the responsibilities of the cooperating teacher, and provide the cooperating teacher with other information and assistance the institution deems necessary. i.  Provide practitioner preparation students with instruction in the use of electronic technology for classroom and instructional purposes.j.  Annually solicit the views of the education community regarding the institution’s practitioner preparation programs.k.  Submit evidence that the college or department of education in the institution is communicating with other colleges or departments in the institution so that practitioner preparation students may integrate teaching methodology with subject matter areas of specialization.l.  Submit evidence that the performance evaluation of a student teacher is a cooperative process that involves both the faculty member supervising the student teacher and the cooperating teacher. The rules shall require that each institution develop a written evaluation procedure for use by the cooperating teacher and a form for evaluating student teachers, and require that a copy of the completed form be included in the student teacher’s permanent record.m.  If the rules adopted by the board of educational examiners for issuance of any type or class of license require an applicant to complete work in student teaching, pre-student teaching experiences, field experiences, practicums, clinicals, or internships, enter into a written contract with any school district, accredited nonpublic school, preschool registered or licensed by the department of human services, or area education agency in Iowa, to provide for such work under terms and conditions as agreed upon by the contracting parties. The terms and conditions of a written contract entered into with a preschool pursuant to this paragraph shall require that a student teacher be under the direct supervision of an appropriately licensed cooperating teacher who is employed to teach at the preschool. Students actually teaching or engaged in preservice licensure activities in a school district under the terms of such a contract are entitled to the same protection under section 670.8 as is afforded by that section to officers and employees of the school district, during the time such students are so assigned.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.86 Acts, ch 1245, §1416, 89 Acts, ch 265, §27, 96 Acts, ch 1129, §67, 99 Acts, ch 191, §1, 2012 Acts, ch 1119, §39, 2016 Acts, ch 1078, §1, 2018 Acts, ch 1057, §6
Subsection 1, NEW paragraphs d m
256.17Postsecondary 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 257.11.2008 Acts, ch 1181, §44256.18Character 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.1994 Acts, ch 1131, §1; 2002 Acts, ch 1083, §1; 2003 Acts, ch 180, §6; 2009 Acts, ch 54, §3256.18AService 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 section, “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.2003 Acts, ch 27, §1, 2013 Acts, ch 30, §57256.19Pilot projects to improve instructional programs.Repealed by 2016 Acts, ch 1036, §15.256.20 and 256.21 256.22Extended year school grant program.Repealed by 2013 Acts, ch 88, §37; 2013 Acts, ch 90, §216.256.23Administrative advancement and recruitment program.Repealed by 2013 Acts, ch 88, §37.256.24Competency-based education grant program.1.  The department shall establish a competency-based education grant program to award grants to not more than ten school districts annually for purposes of developing, implementing, and evaluating competency-based education pilot and demonstration projects.2.  The department shall develop grant application, selection, and evaluation criteria.3.  Each pilot or demonstration project shall be conducted for a minimum of one year, but may be conducted for multiple school years as proposed by the applicant and approved by the department.4.  Grant moneys shall be distributed to selected school districts by the department no later than December 1, 2013. Grant amounts shall be distributed as determined by the department.5.  The department shall submit progress reports analyzing the status and preliminary findings of the projects to the state board, the governor, and the general assembly by January 15 annually. The department shall summarize the projects’ findings, including student achievement results, and submit the summary and any recommendations in a final report to the state board, the governor, and the general assembly by January 15, 2019.6.  This section is repealed July 1, 2019.2013 Acts, ch 121, §76256.25Reading instruction pilot project grant program.Repealed by 2007 Acts, ch 214, §43. 256.26Before and after school grant program.Repealed by 2018 Acts, ch 1057, §13.256.27Online state job posting system.1.  The department shall provide for the operation of an online state job posting system. The system shall be designed and implemented for the online posting of job openings offered by school districts, charter schools, area education agencies, the department, and accredited nonpublic schools. The system shall be accessible via the department’s internet site. The system shall include a mechanism for the electronic submission of job openings for posting on the system as provided in subsection 2. The system and each job posting on the system shall include a statement that an employer submitting a job opening for posting on the system will not discriminate in hiring on the basis of race, ethnicity, national origin, gender, age, physical disability, sexual orientation, gender identity, religion, marital status, or status as a veteran. The department may contract for, or partner with another entity for, the use of an existing internet site to operate the online state job posting system if the existing internet site is more effective and economical than the department’s internet site. 2.  A school district, charter school, or area education agency shall submit all of its job openings to the department for posting on the system. The department shall post all of its job openings on the system. An accredited nonpublic school may submit job openings to the department for posting on the system.3.  This section shall not be construed to do any of the following:a.  Prohibit any employer from advertising job openings and recruiting employees independently of the system.b.  Prohibit any employer from using another method of advertising job openings or another applicant tracking system in addition to the system.c.  Provide the department with any regulatory authority in the hiring process or hiring decisions of any employer other than the department.2013 Acts, ch 121, §44256.28Teach Iowa student teaching pilot project.1.  Subject to an appropriation of sufficient funds by the general assembly, the department shall establish a teach Iowa student teaching pilot project in collaboration with two institutions of higher education which offer teacher preparation programs approved by the state board of education pursuant to section 256.7, subsection 3. The two institutions of higher education shall include one institution of higher education under the control of the state board of regents and one accredited private institution as defined in section 261.9.2.  The teach Iowa student teaching pilot project shall provide students in teacher preparation programs with a one-year student teaching experience. A student teaching experience provided under the pilot project must include all of the following requirements:a.  A participating institution of higher education shall work with one or more school districts individually or collaboratively to place groups of students in a student teaching experience for an entire academic year. A participating institution of higher education shall take into consideration geographic diversity in the selection of school districts for participation in the pilot project.b.  A participating institution of higher education shall supervise the student teachers in the classroom and shall provide the students with weekly on-site instruction in pedagogy in the participating school districts.3.  The state board shall adopt rules pursuant to chapter 17A to administer this section.2013 Acts, ch 121, §45256.29Council on educator development established.Repealed by 2017 Acts, ch 29, §164.256.30Educational expenses for American Indians.1.  For the fiscal year beginning July 1, 2011, and ending June 30, 2012, and for each succeeding fiscal year, there is appropriated from the general fund of the state to the department the sum of one hundred thousand dollars. The department shall distribute the appropriation to the tribal council of the Sac and Fox Indian settlement for expenses 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. 2.  The tribal council shall administer the moneys distributed by the department pursuant to subsection 1 and shall first use moneys distributed 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 and distributed pursuant to this section.87 Acts, ch 233, §453, 88 Acts, ch 1284, §43, 89 Acts, ch 265, §40, 2011 Acts, ch 131, §4, 158, 2013 Acts, ch 88, §2256.31Community 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.90 Acts, ch 1253, §7, 92 Acts, ch 1027, §1, 2, 2000 Acts, ch 1167, §3, 2011 Acts, ch 20, §6, 2011 Acts, ch 118, §85, 89256.32Council 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.  An individual representing agriculture on a council created to advise the state on career and technical education matters.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 student organization of Iowa president.d.  A state consultant in agricultural education.e.  The secretary of agriculture or the secretary’s designee.f.  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.2011 Acts, ch 85, §1, 2012 Acts, ch 1021, §55, 2012 Acts, ch 1023, §33, 2016 Acts, ch 1108, §31256.33Educational technology assistance.1.  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.2.  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:a.  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.b.  Research projects on ways to improve instruction at all educational levels using educational technology.c.  Demonstration projects which model effective uses of educational technology.d.  Establishment of a clearinghouse for information and research concerning practices relating to and uses of educational technology.e.  Development of curricula that could be used by approved teacher preparation institutions to prepare teachers to use educational technology in the classroom.f.  Pursuit of additional funding from public and private sources for the functions listed in this section.3.  Priority shall be given to programs integrating educational technology into the classroom. The department may award grants to school corporations and higher education institutions to perform the functions listed in this section.89 Acts, ch 319, §41, 93 Acts, ch 48, §16, 95 Acts, ch 67, §20, 2010 Acts, ch 1061, §180, 2012 Acts, ch 1119, §20256.34Fine arts beginning teacher mentoring program.1.  The department shall establish a fine arts beginning teacher mentoring program under a contract with an Iowa-based nonprofit organization that is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code; has membership from the six state fine arts organizations representing kindergarten through grade twelve general music, choral music, instrumental music, visual arts, and drama and theater arts educators; and has administered a federally funded statewide fine arts mentoring program since 2006.2.  Program criteria shall include a required match of one dollar provided by the organization contracting to deliver services under subsection 1 for each dollar provided to the organization by the department. Moneys in the fund established under subsection 6 shall not be disbursed until the department receives evidence that the organization meets or will meet the match requirement.3.  The program provided under contract by the nonprofit organization shall provide for all of the following:a.  Activities and consultation in support of beginning fine arts teachers employed in Iowa’s school districts, including but not limited to guidance in the classroom and at meetings, and resources of materials, time, and financial scholarship for state conferences that will support a beginning fine arts teacher’s effectiveness in the classroom.b.  Coordination of retired and currently employed experienced fine arts mentor educators with beginning fine arts educators.c.  Materials and advice specifically designed to prepare beginning fine arts teachers for success in the fine arts classroom and to prepare kindergarten through grade twelve students for school district fine arts performances and festivals.4.  The nonprofit organization under contract with the department under this section shall provide quarterly reports detailing the organization’s compliance with the requirements of subsection 3 and the expenditures of moneys for purposes of the fine arts beginning teacher mentoring program.5.  The director of the department may for good cause suspend, revoke, or refuse to renew a contract entered into in accordance with the provisions of this section.6.  There is established in the state treasury a fine arts beginning teacher mentoring fund 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 fund to be used for purposes of the fine arts beginning teacher mentoring program. Moneys in the fund are appropriated to the department and shall be used for the purposes of this section. Moneys in the fund may be used to reimburse mentors for business travel expenses incurred in the performance of a mentor’s duties at a rate not to exceed the current rate of reimbursement allowed under the standard method for computation of business travel expenses pursuant to the Internal Revenue Code. The department shall not commingle federal, state, and private funds within the fund. Moneys appropriated for the program shall supplement, not supplant, moneys appropriated for purposes of the beginning teacher mentoring and induction program created under section 284.5. Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year. Notwithstanding section 12C.7, subsection 2, interest earned on moneys in the fine arts beginning teacher mentoring fund shall be credited to the fund.2016 Acts, ch 1132, §7Referred to in 284.13256.35Regional autism assistance program.The department shall establish a regional autism assistance program, to be administered by the child health specialty clinics 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.90 Acts, ch 1272, §42, 2014 Acts, ch 1026, §60Referred to in 225D.1256.35AIowa 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 Iowa 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.2008 Acts, ch 1187, §126, 2012 Acts, ch 1023, §34
Confirmation, see §2.32
256.36Math and science grant program.1.a.  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.(1)  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.(2)  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.b.  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.a.  The goals of the math and science education program may include but are not limited to the following:(1)  The development of a model multidisciplinary science curricula that will serve as the framework for the development of individual teaching modules.(2)  The design and implementation of a statewide model for staff development in science and math education. (3)  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. (4)  The 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. (5)  The development and implementation of a new statewide assessment program that is consistent with the materials and approaches envisioned.(6)  The development and implementation strategies for recruitment and retention of females and minorities in math and science education.b.  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.  The board of educational examiners may develop recommendations for specific changes in the licensing requirements for math and science teachers.4.  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.91 Acts, ch 71, §1, 2010 Acts, ch 1069, §68256.37School 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.1992 Acts, ch 1159, §4256.38School-to-work transition system.Repealed by 2013 Acts, ch 88, §37.256.39Career 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 career and technical education planning 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 regional career and technical education planning 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.  Measurement of 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 economic development authority, 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. 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.95 Acts, ch 196, §2, 96 Acts, ch 1186, §23, 2003 Acts, ch 180, §7, 2011 Acts, ch 118, §85, 89, 2014 Acts, ch 1026, §61, 2016 Acts, ch 1108, §32, 2017 Acts, ch 29, §59256.40Statewide 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 prepare students for the workforce by connecting business and the education system and offering relevant, work-based learning activities to students and teachers. The program shall: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.  Provide a one-stop contact point for information useful to both educators and employers, including information on internships, job shadowing experiences, apprenticeable occupations as defined in section 15B.2, and other workplace learning opportunities for students, particularly related to science, technology, engineering, or mathematics occupations, occupations related to critical infrastructure and commercial and residential construction, or targeted industries as defined in section 15.102.e.  Integrate services provided through the program with other career exploration-related activities, which may include but are not limited to the career and academic plans and career information and decision-making systems utilized in accordance with section 279.61.f.  Facilitate the attainment of portable credentials of value to employers such as the national career readiness certificate, where appropriate.g.  Develop work-based capacity with employers.h.  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 economic development authority, the community colleges, the institutions under the control of the state board of regents, accredited private institutions, area education agencies, school districts, the workplace learning connection, and an apprenticeship sponsor as defined in section 15B.2. 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. The steering committee shall recommend program parameters and reporting requirements to the department.5.  Each regional network shall establish an advisory council to provide advice and assistance to the regional network. The advisory council shall include representatives of business and industry, including construction trade industry professionals, and shall meet at least annually.6.  Each regional network or consortium of networks shall annually submit a work-based learning plan to the department. Each plan shall include provisions to provide core services referred to in subsection 2, paragraph “h”, to all school districts within the region and for the integration of job shadowing and other work-based learning activities into secondary career and technical education programs.7.a.   Moneys deposited in the statewide work-based learning intermediary network fund created in subsection 1 shall be distributed annually to each region for the implementation of the statewide work-based learning intermediary network upon approval by the department of the region’s work-based learning plan submitted pursuant to subsection 6.b.  If the balance in the statewide work-based learning intermediary network fund on July 1 of a fiscal year is one million five hundred thousand dollars or less, the department shall distribute moneys in the fund to regions or consortiums of regions on a competitive basis. If the balance in the statewide work-based learning intermediary network fund on July 1 of a fiscal year is greater than one million five hundred thousand dollars, the department shall distribute one hundred thousand dollars to each region and distribute the remaining moneys pursuant to the formula established in section 260C.18C.8.  The department shall provide oversight of the statewide work-based learning intermediary network. The department shall require each region to submit an annual report on its ongoing implementation of the statewide work-based learning intermediary network program to the department.9.  Each regional network shall match the moneys received pursuant to subsection 7 with financial resources equal to at least twenty-five percent of the amount of the moneys received pursuant to subsection 7. The financial resources used to provide the match may include private donations, in-kind contributions, or public moneys other than the moneys received pursuant to subsection 7.10.  The state board of education shall adopt rules under chapter 17A for the administration of this section.2005 Acts, ch 154, §1, 2006 Acts, ch 1030, §31, 2011 Acts, ch 118, §85, 89, 2013 Acts, ch 141, §34, 2016 Acts, ch 1108, §1, 9, 33, 34Referred to in 85.61, 258.6, 258.10256.41Online learning requirements school districts.1.  A school district providing educational instruction and course content delivered primarily over the internet shall do all of the following with regard to such instruction and content:a.  Monitor and verify full-time student enrollment, timely completion of graduation requirements, course credit accrual, and course completion.b.  Monitor and verify student progress and performance in each course through a school-based assessment plan that includes submission of coursework and security and validity of testing components.c.  Conduct parent-teacher conferences.d.  Administer assessments required by the state to all students in a proctored setting and pursuant to state law.2.  Online learning curricula shall be provided and supervised by a teacher licensed under chapter 272.2012 Acts, ch 1119, §18, 2018 Acts, ch 1119, §5
Section amended
256.42Iowa learning online initiative.1.  An Iowa learning online initiative is established within the department to partner with school districts and accredited nonpublic schools to provide distance education to high school students statewide. The initiative may also provide distance education to a student receiving independent private instruction as defined in section 299A.1, subsection 2, paragraph “b”, competent private instruction under section 299A.2, or private instruction by a nonlicensed person under section 299A.3. The department shall utilize a variety of content repositories, including those maintained by the area education agencies and the public broadcasting division, in administering the initiative.2.  The initiative shall include an online learning program model designed to prepare teachers to meet the needs of students in an online learning environment, including but not limited to building community interaction and support, developing strategies for working with virtual students, and assessing virtual students.3.  Coursework offered under the initiative shall be taught by a teacher licensed under chapter 272 who has completed an online-learning-for-Iowa-educators-professional-development project offered by area education agencies, a teacher preservice program, or comparable coursework.4.  Each participating school district and accredited nonpublic school shall submit its online curricula to the department for review. Each participating school district and accredited nonpublic school shall include in its comprehensive school improvement plan submitted pursuant to section 256.7, subsection 21, a list and description of the online coursework offered by the district or school.5.  Under the initiative, a student must be enrolled in a participating school district or accredited nonpublic school or be receiving private instruction under chapter 299A as described in subsection 1. For a student enrolled in a participating school district or accredited nonpublic school, the school district or school is responsible for recording grades received for initiative coursework in a student’s permanent record, awarding high school credit for initiative coursework, and issuing a high school diploma to a student enrolled in the district or school who participates and completes coursework under the initiative. Each participating school shall identify a site coordinator to serve as a student advocate and as a liaison between the initiative staff and teachers and the school district or accredited nonpublic school. The individual providing instruction to a student under chapter 299A as described in subsection 1 shall receive the student’s score for completed initiative coursework.6.  Coursework offered under the initiative shall be rigorous and high quality, and the department shall annually evaluate the quality of the courses and ensure that coursework is aligned with the state’s core curriculum and core content requirements and standards, as well as national standards of quality for online courses issued by an internationally recognized association for kindergarten through grade twelve online learning.7.a.  The provisions of section 256.11, subsection 5, which require that specified subjects be offered and taught by a school district or accredited nonpublic school, shall not apply for up to two specified subjects at a school district or school under this section if any of the following apply:(1)  The school district or school makes every reasonable and good faith effort to employ a teacher licensed under chapter 272 for the specified subject, and is unable to employ such a teacher. (2)  Fewer than ten students typically register for instruction in the specified subject at the school district or school.b.  The department may waive for one school year the applicability of section 256.11, subsection 5, at its discretion, to additional specified subjects for a school district or accredited nonpublic school that proves to the satisfaction of the department that the school district or school has made every reasonable effort, but is unable to meet the requirements of section 256.11, subsection 5. A school district or accredited nonpublic school may apply for an annual waiver each year.c.  Any specified subject course to which section 256.11, subsection 5, does not apply under paragraph “a” or “b” shall be provided by the initiative if the initiative offers the course unless the course offered by the initiative lacks the capacity to accommodate additional students. In that case, the specified subject course may instead be provided by the school district or accredited nonpublic school if either of the following applies:(1)  Through an online learning platform if the course is developed by the school district or accredited nonpublic school itself, provided the course is taught by an Iowa licensed teacher with online learning experience and the course content is aligned with the Iowa content standards and satisfies the requirements of subsection 6.(2)  Through a private provider utilized to provide the course that meets the standards of section 256.42 and is approved in accordance with section 256.9, subsection 55.d.  For purposes of this subsection, “good faith effort” means the same as defined in section 279.19A, subsection 9.8.  The department shall establish fees payable by school districts, accredited nonpublic schools, and individuals providing instruction to students under chapter 299A as described in subsection 1, for coursework offered under the initiative. Fees collected pursuant to this subsection are appropriated to the department to be used only for the purpose of administering this section and shall be established so as not to exceed the cost of administering this section. Providing professional development necessary to prepare teachers to participate in the initiative shall be considered a cost of administering this section. Notwithstanding section 8.33, fees collected by the department that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purpose of expanding coursework offered under the initiative in subsequent fiscal years.2012 Acts, ch 1119, §17, 2013 Acts, ch 30, §58, 2013 Acts, ch 121, §43, 2014 Acts, ch 1092, §57, 2016 Acts, ch 1012, §1, 2017 Acts, ch 29, §60, 2018 Acts, ch 1029, §1, 2, 2018 Acts, ch 1119, §6 – 8, 2018 Acts, ch 1163, §11, 2018 Acts, ch 1172, §23Referred to in 256.7, 256.9, 256.43
See Code editor’s note on simple harmonization at the end of Vol VI
Subsections 1 and 5 amended
Subsection 7 stricken and rewritten
Subsection 8 amended
Subsection 9 stricken
256.43Online learning program model.1.Online learning program model established.The director, pursuant to section 256.9, subsection 55, shall establish an online learning program model that provides for the following:a.  Online access to high-quality content, instructional materials, and blended learning.b.  Coursework customized to the needs of the student using online content.c.  A means for a student to demonstrate competency in completed online coursework.d.  High-quality online instruction taught by teachers licensed under chapter 272.e.  Online content and instruction evaluated on the basis of student learning outcomes.f.  Use of funds available for online learning for program development, implementation, and innovation.g.  Infrastructure that supports online learning.h.  Online administration of online course assessments.i.  Criteria for school districts or schools to use when choosing providers of online learning to meet the online learning program requirements specified in rules adopted pursuant to section 256.7, subsection 32.2.Private providers.a.  At the discretion of the school board or authorities in charge of an accredited nonpublic school, after consideration of circumstances created by necessity, convenience, and cost-effectiveness, courses developed by private providers may be utilized by the school district or school in implementing a high-quality online learning program. Courses obtained from private providers shall be taught by teachers licensed under chapter 272.b.  A school district may provide courses developed by private providers and delivered primarily over the internet to pupils who are participating in open enrollment under section 282.18. However, if a student’s participation in open enrollment to receive educational instruction and course content delivered primarily over the internet results in the termination of enrollment in the receiving district, the receiving district shall, within thirty days of the termination, notify the district of residence of the termination and the date of the termination.c.  Private providers utilized to provide courses by a school district or accredited nonpublic school in accordance with this section shall meet the standards of section 256.42 and be approved in accordance with section 256.9, subsection 55. 3.Grading.Grades in online courses shall be based, at a minimum, on whether a student mastered the subject, demonstrated competency, and met the standards established by the school district. Grades shall be conferred only by teachers licensed under chapter 272.4.Accreditation criteria.All online courses and programs shall meet existing accreditation standards.5.Prohibited activities.A rebate for tuition or fees paid or any other dividend or bonus moneys for enrollment of a child shall not be offered or provided directly or indirectly by a school district, school, or private provider to the parent or guardian of a pupil who enrolls in a school district or school to receive educational instruction and course content delivered primarily over the internet.2012 Acts, ch 1119, §19, 2018 Acts, ch 1119, §9 – 11, 2018 Acts, ch 1163, §12Referred to in 256.7, 256.9
Subsection 1, paragraph i amended
Subsection 2 amended
NEW subsection 5
256.44National 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 after 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 in a manner and according to procedures required by the department, 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 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.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, 2012 Acts, ch 1119, §29, 30Referred to in 284.13, 284.15256.45Ambassador to education.1.  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.2.  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.3.  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.4.  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.90 Acts, ch 1272, §43, 98 Acts, ch 1216, §6, 2017 Acts, ch 54, §76Referred to in 284.13
SUBCHAPTER IIPARTICIPATION IN INTERSCHOLASTICACTIVITIES256.46Rules 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.1990 Acts, ch 1049, §1; 1992 Acts, ch 1135, §1; 1993 Acts, ch 101, §201; 2002 Acts, ch 1129, §1; 2005 Acts, ch 79, §1; 2006 Acts, ch 1152, §20Referred to in 282.18256.47 through 256.49 SUBCHAPTER IIILIBRARY SERVICESPART 1GENERAL PROVISIONS256.50Division of library 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 library 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.93 Acts, ch 48, §17, 2011 Acts, ch 132, §44, 106256.51Division of library services — duties and responsibilities.1.  The division of library services is attached to the department of education for administrative purposes. The state librarian shall be responsible for the division’s budgeting and related management functions in accordance with section 256.52, subsection 3. The division shall do all of the following:a.  Provide support services to libraries, including but not limited to consulting, continuing education, interlibrary loan services, and references services to assure consistency of service statewide and to encourage local financial support for library services.b.  Determine policy for providing information service to the three branches of state government and to the legal community in this state.c.  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.d.  Establish and administer a program for the collection and distribution of state publications to depository libraries.e.  Develop, in consultation with the area education agency media centers, a biennial unified plan of service and service delivery for the division of library services.f.  Establish and administer a statewide continuing education program for librarians and trustees.g.  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.h.  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.i.  Establish and administer certification guidelines for librarians not covered by other accrediting agencies.j.  Foster public awareness of the condition of libraries in Iowa and of methods to improve library services to the citizens of the state.k.  Establish and administer standards for state agency libraries and public libraries.l.  Allow a public library that receives state assistance under section 256.57, or financial support from a city or county pursuant to section 256.69, to 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 public library. These materials may be sold by the public library directly or the governing body of the public library may sell the materials by consignment to a public agency or to a private agency organized to raise funds solely for support of the public library. Proceeds from the sale of the library materials may be remitted to the public library and may be used by the public library for the purchase of books and other library materials or equipment, or for the provision of library services.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 commission and the general assembly regarding the gifts, contributions, bequests, endowments, or other moneys accepted pursuant to this paragraph and the interest earned on them.93 Acts, ch 48, §18, 2001 Acts, ch 158, §12, 2006 Acts, ch 1152, §21, 2010 Acts, ch 1031, §316, 321, 2010 Acts, ch 1183, §15, 2010 Acts, ch 1193, §44, 80, 2011 Acts, ch 132, §45 – 50, 106Referred to in 256.57256.52Commission of libraries established — duties of commission and state librarian — state library fund created.1.a.  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 the following seven members who shall be appointed by the governor to serve four-year terms beginning and ending as provided in section 69.19.(1)  Two members shall be employed in the state as public librarians.(2)  One member shall be a public library trustee.(3)  One member shall be employed in this state as an academic librarian.(4)  One member shall be employed as a librarian by a school district or area education agency.(5)  Two members shallbe selected at large.b.  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.a.  The commission shall appoint the state librarian who shall administer the division, and serve at the pleasure of the commission.b.  The state librarian shall do all of the following:(1)   Organize, staff, and administer the division so as to render the greatest benefit to libraries in the state.(2)  Submit a biennial report to the governor on the activities and an evaluation of the division and its programs and policies.(3)  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.(4)  Appoint and approve the technical, professional, secretarial, and clerical staff necessary to accomplish the purposes of the division subject to chapter 8A, subchapter IV.(5)  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.93 Acts, ch 48, §19, 94 Acts, ch 1193, §18, 96 Acts, ch 1215, §21, 2003 Acts, ch 145, §223, 2010 Acts, ch 1031, §317, 318, 321, 2010 Acts, ch 1061, §180, 2011 Acts, ch 132, §51 – 54, 69, 106[Subsection 3, paragraph b, subparagraph (5) was inadvertently omitted from the 2016 Code]Referred to in 256.51256.53State publications.Upon issuance of a state publication in any format, a state agency shall provide the division with an electronic version of the publication at no cost to the division.93 Acts, ch 48, §20, 2003 Acts, ch 35, §41, 49, 2010 Acts, ch 1031, §56256.54State library — law library.1.  The state library includes but is not limited to the library support network, the specialized library services unit, and the state data center. The law library shall be under the direction of the specialized library services unit.2.  The law library shall be administered by a law librarian appointed by the state librarian 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.93 Acts, ch 48, §21, 95 Acts, ch 14, §2, 2003 Acts, ch 145, §224, 225, 2010 Acts, ch 1031, §319 – 321, 2011 Acts, ch 132, §55, 56, 106256.55State data center.A state data center is established in the division. 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.93 Acts, ch 48, §22, 2011 Acts, ch 132, §57, 106256.56Electronic 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.1993 Acts, ch 178, §32256.57Enrich 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 “h”.(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 “k”.(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.2006 Acts, ch 1180, §16; 2007 Acts, ch 126, §46-48Referred to in 256.51256.58Library support network.1.  A library support network is established in the division to offer services and programs for libraries, including but not limited to individualized, locally delivered consulting and training, and to facilitate resource sharing and innovation through the use of technology, administer enrich Iowa programs, advocate for libraries, promote excellence and innovation in library services, encourage governmental subdivisions to provide local financial support for local libraries, and ensure the consistent availability of quality service to all libraries throughout the state, regardless of location or size.2.  The organizational structure to deliver library support network services shall include district offices. The district offices shall serve as a basis for providing field services to local libraries in the counties comprising the district. The division shall determine which counties are served by each district office. The number of district offices established to provide services pursuant to this section shall be six.2011 Acts, ch 132, §58, 106256.59Specialized library services.The specialized library services unit is established in the division to provide information services to the three branches of state government and to offer focused information services to the general public in the areas of Iowa law, Iowa state documents, and Iowa history and culture.2011 Acts, ch 132, §59, 106PART 2LIBRARY SERVICES ADVISORY PANEL AND LOCAL FINANCIAL SUPPORT256.60 and 256.61 256.62Library services advisory panel.1.  The state librarian shall convene a library services advisory panel to advise and recommend to the commission and the division evidence-based best practices, to assist the commission and division to determine service priorities and launch programs, articulate the needs and interests of Iowa librarians, and share research and professional development information.2.  The library services advisory panel shall consist of no fewer than eleven members representing libraries of all sizes and types, and various population levels and geographic regions of the state. A simple majority of the members appointed shall be appointed by the executive board of the Iowa library association and the remaining members shall be appointed by the state librarian. Terms of members shall begin and end as provided in section 69.19. Any vacancy shall be filled in the same manner as regular appointments are made for the unexpired portion of the regular term. Members shall serve four-year terms which are staggered at the discretion of the state librarian. A member is eligible for reappointment for three successive terms. The members shall elect a chairperson annually.3.  The library services advisory panel shall meet at least twice annually and shall submit its recommendations in a report to the commission and the state librarian at least once annually. The report shall be timely submitted to allow for consideration of the recommendations prior to program planning and budgeting for the following fiscal year.4.  Members of the library services advisory panel shall receive actual and necessary expenses incurred in the performance of their duties. Expenses shall be paid from funds appropriated to the department for purposes of the division.2011 Acts, ch 132, §60, 106256.63 through 256.65 256.66 through 256.68 256.69Local 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.1993 Acts, ch 48, §32Referred to in 256.51, 336.13, 692A.101PART 3LIBRARY COMPACT256.70Library compact authorized.The division of library 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.93 Acts, ch 48, §33, 2008 Acts, ch 1032, §201, 2011 Acts, ch 132, §61, 106Referred to in 256.51, 331.381256.71Administrator.The administrator of the division of library 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 cooperate with the compact administrators of other party states.93 Acts, ch 48, §34, 2011 Acts, ch 132, §62, 106Referred to in 331.381256.72Agreements.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.1993 Acts, ch 48, §35Referred to in 331.381256.73Enforcement.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.1993 Acts, ch 48, §36Referred to in 331.381256.74 through 256.79 SUBCHAPTER IVPUBLIC BROADCASTING256.80Definitions.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.1993 Acts, ch 48, §37256.81Public 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 division shall be governed by the national principles of editorial integrity developed by the editorial integrity project. 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.93 Acts, ch 48, §38, 2006 Acts, ch 1185, §22, 2010 Acts, ch 1069, §69Referred to in 8F.2256.82Board — 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.a.  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.b.  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.a.  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. b.  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.c.  Members of advisory committees shall receive actual expenses incurred in performing their official duties.93 Acts, ch 48, §39, 94 Acts, ch 1184, §22, 2006 Acts, ch 1185, §23 – 25, 2010 Acts, ch 1069, §70256.83Meetings.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.1993 Acts, ch 48, §40256.84Powers — 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.1993 Acts, ch 48, §41; 2006 Acts, ch 1185, §26-28256.85Purchase 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.1993 Acts, ch 48, §42; 2006 Acts, ch 1185, §29256.86Competition with private sector.1.  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 except as provided in this chapter.2.a.  The division may receive revenue for providing services, products, and usage of facilities and equipment if one or more of the following conditions are met:(1)  The service, product, or usage is not reasonably available in the private sector.(2)  The division can provide the service, product, or usage at a time, price, location, or terms that are not reasonably available through the private sector.(3)  The service, product, or usage is deemed by the division to be related to public service or the educational mission of the division.b.  The division may charge reasonable fees for providing services, products, and usage of facilities and equipment in accordance with paragraph “a”, including but not limited to a reasonable equipment and facilities usage fee.c.  Fees charged in accordance with this subsection shall be deposited in the capital equipment replacement revolving fund created pursuant to section 256.87.3.  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.4.  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.93 Acts, ch 48, §43, 2012 Acts, ch 1132, §8256.87Capital equipment replacement revolving fund.1.  A capital equipment replacement revolving fund is created in the state treasury. The revolving fund shall be administered by the board and shall consist of moneys collected by the division as fees and any other moneys obtained or accepted by the division for deposit in the revolving fund.2.  The board may expend moneys from the capital equipment replacement revolving fund to update facilities and purchase equipment for its operations.3.  Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the revolving fund shall be credited to the revolving fund. Notwithstanding section 8.33, moneys in the revolving fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert to any other fund but shall remain available in the revolving fund for the purposes designated.93 Acts, ch 48, §44, 2012 Acts, ch 1132, §9Referred to in 256.86256.88Trusts.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.1993 Acts, ch 48, §45256.89State plan.Repealed by 2006 Acts, ch 1185, §31. 256.90Narrowcast operations.1.  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.2.  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.1993 Acts, ch 48, §47