§ 256.7 — Duties of state board
This text of Iowa § 256.7 (Duties of state board) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Text
Except for the higher education division; the bureaus, boards, and commissions within the higher education division; and the public broadcasting board and division, the state board shall:
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Except for the higher education division; the bureaus, boards, and commissions within the
higher education division; 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. ConstitutethestateboardforcareerandtechnicaleducationundersubchapterVII,part
2.
3. a. 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.
b. 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.
c. By July 1, 2022, the board, in collaboration with the Iowa reading research center, shall
adopt rules under chapter 17A prescribing standards and procedures for the approval of
practitioner preparation programs that are affiliated with the Iowa reading research center
and that offer practitioner preparation for the advanced dyslexia specialist endorsement
issued by the board of educational examiners pursuant to section 256.146, subsection
21. The department shall not approve programs that prepare practitioners for such an
endorsement if the programs are not approved by the Iowa reading research center.
d. 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 in a manner consistent
with chapter 17A. The state board may review the record and shall review the proposed
decision of the director of the department of education or the administrative law judge
employed by the division of administrative hearings created by section 10A.801 and
designated for any appeals heard and decided by the director under chapter 290 pursuant to
section 17A.15, subsection 3, 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. Forthepurposesofthissubsection,“supervision”meansthatthecurriculumismonitored
by a licensed teacher and the teacher is accessible to the students receiving the curriculum
by means of telecommunications.
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
schooldistrict. Thedepartmentalsoshallindicatemodificationstosuchguidelinesnecessary
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. Adopt rules under chapter 17A that require school districts, accredited nonpublic
schools, charter schools, and innovation zone schools to include information regarding the
exemptions and requirements for an exemption described in section 139A.8, subsection
4, in any communication to the parent or guardian of a student that is related to the
immunizations required under section 139A.8.
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. Reserved.
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. Apresumptionthatproficiencyinbraillereadingandwritingisessentialforsatisfactory
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. Apupilwhoretainssomesightbutwhohasamedicallydiagnosedexpectationofvisual
deterioration in adolescence or early adulthood may qualify for instruction in braille reading
and writing.
c. Instructioninbraillereadingandwritingmaybeusedincombinationwithotherspecial
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
beenscheduledbeyondtheregularschoolday. Furthermore, ifthetotalhoursofinstructional
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 report that includes information necessary for
the department of education to submit to the United States secretary of education the plan
required pursuant to the federal Elementary and Secondary Education Act, as amended by
the federal Every Student Succeeds Act, Pub. L. No. 114-95.
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,
andsuccessfulemploymentinIowa. Annually, thedepartmentshallreportstatedataforeach
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) 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.
(e) That any school district, accredited nonpublic school, or charter school providing
instruction delivered primarily over the internet pursuant to subsection 32 may administer
any state assessment required pursuant to this subsection in an online setting that is similar
to the student’s regular academic instruction, if all of the following conditions are satisfied:
(i) The student takes the assessment at a date and time that are assigned by personnel
designated by the school district, accredited nonpublic school, or charter school.
(ii) The student participates in a synchronous assessment session that is initiated and
managed by personnel designated by the school district, accredited nonpublic school, or
charter school.
(iii) (A) The student takes the assessment using a device and an assessment platform that
allowanassessmentproctortomonitorthestudentforthedurationoftheassessmentthrough
a video feed that allows the assessment proctor to view the student taking the assessment and
the student’s background.
(B) If the device or assessment platform does not allow an assessment proctor to monitor
the student for the duration of the assessment through a video feed in accordance with
subparagraph part (A), the requirements of this subparagraph subdivision shall be satisfied
if an assessment proctor is able to, through the use of a second device, monitor the student
for the duration of the assessment through a video feed that allows the assessment proctor
to view the student taking the assessment and the student’s background.
(iv) The school district, accredited nonpublic school, or charter school maintains a ratio
of students taking the assessment to assessment proctors of not greater than ten to one.
(v) The student does not exit the assessment session until instructed to do so by the
assessment proctor.
(vi) An assessment administrator employed or designated by the school district,
accredited nonpublic school, or charter school verifies student submission of the assessment.
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 256.183, subsection 1. The programs shall train and recommend
individuals for para-educator certification under section 256.157.
23. Adopt rules directing the community colleges to annually and uniformly submit data,
including individual-level data, from the most recent fiscal year to the department, using
criteria determined and prescribed by the department via the management information
system.
a. Financial data submitted to the department by a community college shall be broken
down by fund.
b. Community colleges shall provide data to the department by a deadline set by the
department. The deadline shall be set for a date that permits the department to include the
data in a report submitted to the state board and the general assembly for review by March
15 of each year.
c. The department shall submit an annual condition of community colleges report to the
state board and the general assembly for review by March 15 of each year. The report must
include community college program level educational and employment outcomes reports
upon availability of all underlying data.
24. Adopt rules on or before January 1, 2001, to require school districts and accredited
nonpublicschoolstoadoptlocalpoliciesrelatingtohealthservices, mediaservicesprograms,
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 a core curriculum and adopt rules that establish 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 subchapter VII, part 3. 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 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, 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.
(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.
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 English
learners, 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 section 256.11, subsection 17,
andsection256.43, andcriteriaforwaiversgrantedpursuanttosection256.11, subsection17.
b. (1) Adopt rules which require that educational instruction and course content
delivered primarily over the internet be aligned with the Iowa core content 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.
c. Rulesadoptedpursuanttothissubsectionshallrequirethatonlinelearningcoursework
offered by school districts, accredited nonpublic schools, and area education agencies
be rigorous, high-quality, aligned with the Iowa core and core content requirements
and standards and the national standards of quality for online courses issued by an
internationally recognized association for kindergarten through grade twelve online
learning, and taught by a teacher licensed under subchapter VII, part 3, who has
specialized training or experience in online learning, including but not limited to an
online-learning-for-Iowa-educators-professional-development project offered by area
education agencies, a teacher preservice program, or comparable coursework.
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
postventionandtheidentificationofadversechildhoodexperiencesandstrategiestomitigate
toxic stress response. The protocols shall be based on nationally recognized best practices.
34. Adopt rules under chapter 17A establishing a process by which the department shall
approvestate-recognizedwork-basedlearningprogramsconsistingofstructurededucational
and training programs that include authentic worksite training, such as registered
apprenticeship programs, for purposes of eligible institutions under section 256.228.
35. Establish and utilize such ad hoc advisory committees as determined necessary by
the state board. The state board shall establish appointment provisions, membership terms,
operating guidelines, and any other operational requirements for committees established
pursuant to this subsection. Members of committees established pursuant to this subsection
shall serve without compensation but may be reimbursed for actual expenses.
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