256.7 - DUTIES OF STATE BOARD.
256.7 DUTIES OF STATE BOARD.
Except for the college student aid commission and the public
broadcasting board and division, the state board shall:
1. Adopt and establish policy for programs and services of the
department pursuant to law.
2. Constitute the state board for vocational education under
chapter 258.
3. Prescribe standards and procedures for the approval of
practitioner preparation programs and professional development
programs offered in this state by practitioner preparation
institutions located within or outside this state and by area
education agencies. Procedures provided for approval of programs
shall include procedures for enforcement of the prescribed standards
and shall not include a procedure for the waiving of any of the
standards prescribed. The board may establish by rule and collect
from practitioner preparation institutions located outside this state
an amount equivalent to the department's necessary travel and actual
expenses incurred while engaged in the program approval process for
the institution located outside this state. Amounts collected under
this subsection shall be deposited in the general fund of the state.
4. Adopt, and update annually, a five-year plan for the
achievement of educational goals in Iowa.
5. Adopt rules under chapter 17A for carrying out the
responsibilities of the department.
6. Hear appeals of persons aggrieved by decisions of boards of
directors of school corporations under chapter 290 and other appeals
prescribed by law. The state board may review the record and shall
review the decision of the director of the department of education or
the administrative law judge designated for any appeals heard and
decided by the director under chapter 290, and may affirm, modify, or
vacate the decision, or may direct a rehearing before the director.
7. Adopt rules under chapter 17A for the use of
telecommunications as an instructional tool for students enrolled in
kindergarten through grade twelve and served by local school
districts, accredited or approved nonpublic schools, area education
agencies, community colleges, institutions of higher education under
the state board of regents, and independent colleges and universities
in elementary and secondary school classes and courses. The rules
shall include but need not be limited to rules relating to programs,
educational policy, instructional practices, staff development, use
of pilot projects, curriculum monitoring, and the accessibility of
licensed teachers.
a. When curriculum is provided by means of
telecommunications, it shall be taught by an appropriately licensed
teacher. The teacher shall either be present in the classroom, or be
present at the location at which the curriculum delivered by means of
telecommunications originates.
b. The rules shall provide that when the curriculum is taught
by an appropriately licensed teacher at the location at which the
telecommunications originates, the curriculum received at a remote
site shall be under the supervision of a licensed teacher. The
licensed teacher at the originating site may provide supervision of
students at a remote site or the school district in which the remote
site is located may provide for supervision at the remote site if the
school district deems it necessary or if requested to do so by the
licensed teacher at the originating site. For the purposes of this
subsection, "supervision" means that the curriculum is monitored
by a licensed teacher and the teacher is accessible to the students
receiving the curriculum by means of telecommunications.
c. The state board shall establish an advisory committee to
make recommendations for rules required under this subsection on the
use of telecommunications as an instructional tool. The committee
shall be composed of representatives from community colleges, area
education agencies, accredited or approved nonpublic schools, and
local school districts from various enrollment categories. The
representatives shall include board members, school administrators,
teachers, parents, students, and associations interested in
education.
d. For the purpose of the rules adopted by the state board,
telecommunications means narrowcast communications through systems
that are directed toward a narrowly defined audience and includes
interactive live communications.
8. Rules adopted under this section shall provide that
telecommunications shall not be used by school districts as the
exclusive means to provide any course which is required by the
minimum educational standards for accreditation.
9. Develop evaluation procedures that will measure the effects of
instruction by means of telecommunications on student achievement,
socialization, intellectual growth, motivation, and other related
factors deemed relevant by the state board, for the development of an
educational database. The state board shall consult with the state
board of regents and the practitioner preparation departments at its
institutions, other practitioner preparation departments located
within private colleges and universities, educational research
agencies or facilities, and other agencies deemed appropriate by the
state board, in developing these procedures.
10. Adopt rules pursuant to chapter 17A relating to educational
programs and budget limitations for educational programs pursuant to
sections 282.29, 282.30, 282.31, and 282.33.
11. Prescribe guidelines for facility standards, maximum class
sizes, and maximum in classroom pupil-teacher and teacher-aide ratios
for grades kindergarten through three and before and after school and
summer child care programs provided under the direction of the school
district. The department also shall indicate modifications to such
guidelines necessary to address the needs of at-risk children.
12. Elect to a two-year term, from its members in each
even-numbered year, a president of the state board, who shall serve
until a successor is elected and qualified.
13. Adopt rules and a procedure for accrediting all
apprenticeship programs in the state which receive state or federal
funding. In developing the rules, the state board shall consult with
schools and labor or trade organizations affected by or currently
operating apprenticeship or training programs. Rules adopted shall
be the same or similar to criteria established for the operation of
apprenticeship programs at community colleges.
14. Adopt rules which require each community college which
establishes a new jobs training project or projects and receives
funds derived from or associated with the project or projects to
establish a separate account to act as a repository for any funds
received and to report annually, by January 15, to the general
assembly on funds received and disbursed during the preceding fiscal
year in the form required by the department.
15. If funds are appropriated by the general assembly for the
program, adopt rules for the administration of the teacher exchange
program, including, but not limited to, rules for application to
participate in the program, rules relating to the number of times
that a given applicant may participate in the program, and rules
describing reimbursable expenses and establishing honoraria for
teacher participants.
16. Adopt rules that set standards for approval of family support
preservice and in-service training programs, offered by area
education agencies and practitioner preparation institutions, and
family support programs offered by or through local school districts.
17. Receive and review the budget and unified plan of service
submitted by the division of libraries and information services.
18. Adopt rules that include children who retain some sight but
who have a medically diagnosed expectation of visual deterioration
within the definition of children requiring special education
pursuant to section 256B.2, subsection 1. Rules adopted pursuant to
this subsection shall provide for or include, but are not limited to,
the following:
a. A presumption that proficiency in braille reading and
writing is essential for satisfactory educational progress for a
visually impaired student who is not able to communicate in print
with the same level of proficiency as a student of otherwise
comparable ability at the same grade level. This presumption
includes a student as defined in paragraph "b". A student for
whom braille services are appropriate, as defined in this subsection,
is entitled to instruction in braille reading and writing that is
sufficient to enable the pupil to communicate with the same level of
proficiency as a pupil of otherwise comparable ability at the same
grade level.
b. A pupil who retains some sight but who has a medically
diagnosed expectation of visual deterioration in adolescence or early
adulthood may qualify for instruction in braille reading and writing.
c. Instruction in braille reading and writing may be used in
combination with other special education services appropriate to a
pupil's educational needs.
d. The annual review of a pupil's individual education plan
shall include discussion of instruction in braille reading and
writing and a written explanation of the reasons why the pupil is
using a given reading and writing medium or media. If the reasons
have not changed since the previous year, the written explanation for
the current year may refer to the fuller explanation from the
previous year.
e. A pupil as defined in paragraph "b" whose primary
learning medium is expected to change may begin instruction in the
new medium before it is the only medium the pupil can effectively
use.
f. A pupil who receives instruction in braille reading and
writing pursuant to this subsection shall be taught by a teacher
licensed to teach students with visual impairments.
19. Define the minimum school day as a day consisting of five and
one-half hours of instructional time for grades one through twelve.
The minimum hours shall be exclusive of the lunch period, but may
include passing time between classes. Time spent on parent-teacher
conferences shall be considered instructional time. A school or
school district may record a day of school with less than the minimum
instructional hours as a minimum school day if any of the following
apply:
a. If emergency health or safety factors require the late
arrival or early dismissal of students on a specific day.
b. If the total hours of instructional school time for grades
one through twelve for any five consecutive school days equal a
minimum of twenty-seven and one-half hours, even though any one day
of school is less than the minimum instructional hours because of a
staff development opportunity provided for the professional
instructional staff or because parent-teacher conferences have been
scheduled beyond the regular school day. Furthermore, if the total
hours of instructional time for the first four consecutive days equal
at least twenty-seven and one-half hours because parent-teacher
conferences have been scheduled beyond the regular school day, a
school or school district may record zero hours of instructional time
on the fifth consecutive school day as a minimum school day.
20. Adopt rules that require the board of directors of a school
district to waive school fees for indigent families.
21. Develop and adopt rules incorporating accountability for, and
reporting of, student achievement into the standards and
accreditation process described in section 256.11. The rules shall
provide for all of the following:
a. Requirements that all school districts and accredited
nonpublic schools develop, implement, and file with the department a
comprehensive school improvement plan that includes, but is not
limited to, demonstrated school, parental, and community involvement
in assessing educational needs, establishing local education
standards and student achievement levels, and, as applicable, the
consolidation of federal and state planning, goal-setting, and
reporting requirements.
b. A set of core academic indicators in mathematics and
reading in grades four, eight, and eleven, a set of core academic
indicators in science in grades eight and eleven, and another set of
core indicators that includes, but is not limited to, graduation
rate, postsecondary education, and successful employment in Iowa.
Annually, the department shall report state data for each indicator
in the condition of education report.
c. A requirement that all school districts and accredited
nonpublic schools annually report to the department and the local
community the district-wide progress made in attaining student
achievement goals on the academic and other core indicators and the
district-wide progress made in attaining locally established student
learning goals. The school districts and accredited nonpublic
schools shall demonstrate the use of multiple assessment measures in
determining student achievement levels. The school districts and
accredited nonpublic schools shall also report the number of students
who graduate; the number of students who drop out of school; the
number of students who are tested and the percentage of students who
are so tested annually; and the percentage of students who graduated
during the prior school year and who completed a core curriculum.
The board shall develop and adopt uniform definitions consistent with
the federal No Child Left Behind Act of 2001, Pub. L. No. 107-110 and
any federal regulations adopted pursuant to the federal Act. The
school districts and accredited nonpublic schools may report on other
locally determined factors influencing student achievement. The
school districts and accredited nonpublic schools shall also report
to the local community their results by individual attendance center.
22. Adopt rules and a procedure for the approval of para-educator
preparation programs offered by a public school district, area
education agency, community college, institution of higher education
under the state board of regents, or an accredited private
institution as defined in section 261.9, subsection 1. The programs
shall train and recommend individuals for para-educator certification
under section 272.12.
23. Adopt rules directing the community colleges to annually and
uniformly submit data from the most recent fiscal year to the
division of community colleges and workforce preparation, using
criteria determined and prescribed by the division via the management
information system. Financial data submitted to the division by a
community college shall be broken down by fund. Community colleges
shall provide data to the division by a deadline set by the division.
The deadline shall be set for a date that permits the division to
include the data in a report submitted for state board approval and
for review by December 15 of each year by the house and senate
standing education committees and the joint subcommittee on education
appropriations.
24. Adopt rules on or before January 1, 2001, to require school
districts and accredited nonpublic schools to adopt local policies
relating to health services, media services programs, and guidance
programs, as part of the general accreditation standards applicable
to school districts pursuant to section 256.11. This subsection
shall be applicable strictly for reporting purposes and shall not be
interpreted to require school districts and accredited nonpublic
schools to provide or offer health services, media services programs,
or guidance programs.
25. Adopt rules establishing standards for school district and
area education agency professional development programs and for
individual teacher professional development plans in accordance with
section 284.6.
26. a. Adopt rules that establish a core curriculum and
requiring, beginning with the students in the 2010-2011 school year
graduating class, high school graduation requirements for all
students in school districts and accredited nonpublic schools that
include at a minimum satisfactory completion of four years of English
and language arts, three years of mathematics, three years of
science, and three years of social studies. The core curriculum
adopted shall address the core content standards in subsection 28 and
the skills and knowledge students need to be successful in the
twenty-first century. The core curriculum shall include social
studies and twenty-first century learning skills which include but
are not limited to civic literacy, health literacy, technology
literacy, financial literacy, and employability skills; and shall
address the curricular needs of students in kindergarten through
grade twelve in those areas. The department shall further define the
twenty-first century learning skills components by rule.
b. Continue the inclusive process begun during the initial
development of a core curriculum for grades nine through twelve
including stakeholder involvement, including but not limited to
representatives from the private sector and the business community,
and alignment of the core curriculum to other recognized sets of
national and international standards. The state board shall also
recommend quality assessments to school districts and accredited
nonpublic schools to measure the core curriculum.
c. Neither the state board nor the department shall require
school districts or accredited nonpublic schools to adopt a specific
textbook, textbook series, or specific instructional methodology, or
acquire specific textbooks, curriculum materials, or educational
products from a specific vendor in order to meet the core curriculum
requirements of this subsection or the core content standards adopted
pursuant to subsection 28.
27. Adopt by rule the Iowa standards for school administrators,
including the knowledge and skill criteria developed by the director
in accordance with section 256.9, subsection 50.
28. Adopt a set of core content standards applicable to all
students in kindergarten through grade twelve in every school
district and accredited nonpublic school. For purposes of this
subsection, "core content standards" includes reading,
mathematics, and science. The core content standards shall be
identical to the core content standards included in Iowa's approved
2006 standards and assessment system under Tit. I of the federal
Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et
seq., as amended by the federal No Child Left Behind Act of 2001,
Pub. L. No. 107-110. School districts and accredited nonpublic
schools shall include, at a minimum, the core content standards
adopted pursuant to this subsection in any set of locally developed
content standards. School districts and accredited nonpublic schools
are strongly encouraged to set higher expectations in local
standards. As changes in federal law or regulation occur, the state
board is authorized to amend the core content standards as
appropriate.
29. Adopt rules establishing nutritional content standards for
foods and beverages sold or provided on the school grounds of any
school district or accredited nonpublic school during the school day
exclusive of the food provided by any federal school food program or
pursuant to an agreement with any agency of the federal government in
accordance with the provisions of chapter 283A, and exclusive of
foods sold for fundraising purposes and foods and beverages sold at
concession stands. The standards shall be consistent with the
dietary guidelines for Americans issued by the United States
department of agriculture food and nutrition service. Section History: Recent Form
86 Acts, ch 1245, § 1407; 87 Acts, ch 224, § 24, 25; 87 Acts, ch
207, § 1; 87 Acts, ch 211, § 2; 87 Acts, ch 233, § 449; 88 Acts, ch
1266, § 1; 89 Acts, ch 8, § 1; 89 Acts, ch 206, § 5; 89 Acts, ch 210,
§ 1--3; 89 Acts, ch 265, § 19--22; 90 Acts, ch 1249, § 2, 3; 90 Acts,
ch 1253, § 5, 122; 90 Acts, ch 1272, § 37; 91 Acts, ch 84, §1; 92
Acts, ch 1158, §2; 92 Acts, ch 1246, §26; 93 Acts, ch 48, § 13; 93
Acts, ch 59, § 1; 93 Acts, ch 82, § 1; 94 Acts, ch 1043, §1; 94 Acts,
ch 1091, §1--3; 94 Acts, ch 1193, §17; 96 Acts, ch 1007, § 1; 96
Acts, ch 1127, § 2; 98 Acts, ch 1176, § 1; 98 Acts, ch 1202, §39, 46;
2000 Acts, ch 1098, §1; 2000 Acts, ch 1167, §1; 2000 Acts, ch 1170,
§1; 2001 Acts, ch 24, §66, 74; 2001 Acts, ch 26, §1; 2002 Acts, ch
1140, §4; 2002 Acts, ch 1152, §1; 2003 Acts, ch 178, §56; 2003 Acts,
ch 180, §2; 2004 Acts, ch 1145, §1; 2005 Acts, ch 149, §1, 2; 2006
Acts, ch 1152, §3, 4; 2007 Acts, ch 108, §1, 2; 2007 Acts, ch 214,
§16, 17; 2008 Acts, ch 1127, §1; 2008 Acts, ch 1187, §140; 2008 Acts,
ch 1191, §155; 2009 Acts, ch 54, §1
Referred to in § 256.9, 256.11, 256.16, 256.33, 256D.1, 256D.3,
256F.4, 256F.5, 257.11, 257.31, 257.38, 257.43, 260C.4, 261B.3A,
272.27, 279.47, 279.61, 280.3, 280.9, 280.19, 280.28, 282.31, 282.33,
284.5, 284.6, 284.12, 284A.2, 284A.3, 284A.5, 284A.6, 284A.7, 290.5