256.11 - EDUCATIONAL STANDARDS.

        256.11  EDUCATIONAL STANDARDS.
         The state board shall adopt rules under chapter 17A and a
      procedure for accrediting all public and nonpublic schools in Iowa
      offering instruction at any or all levels from the prekindergarten
      level through grade twelve.  The rules of the state board shall
      require that a multicultural, gender fair approach is used by schools
      and school districts.  The educational program shall be taught from a
      multicultural, gender fair approach.  Global perspectives shall be
      incorporated into all levels of the educational program.  The rules
      adopted by the state board pursuant to section 256.17, Code
      Supplement 1987, to establish new standards shall satisfy the
      requirements of this section to adopt rules to implement the
      educational program contained in this section.  The educational
      program shall be as follows:
         1. a.  If a school offers a prekindergarten program, the
      program shall be designed to help children to work and play with
      others, to express themselves, to learn to use and manage their
      bodies, and to extend their interests and understanding of the world
      about them.  The prekindergarten program shall relate the role of the
      family to the child's developing sense of self and perception of
      others.  Planning and carrying out prekindergarten activities
      designed to encourage cooperative efforts between home and school
      shall focus on community resources.  Except as otherwise provided in
      this subsection, a prekindergarten teacher shall hold a license
      certifying that the holder is qualified to teach in prekindergarten.
      A nonpublic school which offers only a prekindergarten may, but is
      not required to, seek and obtain accreditation.
         b.  If the board of directors of a school district contracts
      for the operation of a prekindergarten program, the program shall be
      under the oversight of an appropriately licensed teacher.  If the
      program contracted with was in existence on July 1, 1989, oversight
      of the program shall be provided by the district.  If the program
      contracted with was not in existence on July 1, 1989, the director of
      the program shall be a licensed teacher and the director shall
      provide program oversight.  Any director of a program contracted with
      by a school district under this section who is not a licensed teacher
      is required to register with the department of education.
         c.  For the purposes of this subsection, "prekindergarten
      program" includes but is not limited to a school district's
      implementation of the preschool program established pursuant to
      chapter 256C.
         2.  The kindergarten program shall include experiences designed to
      develop healthy emotional and social habits and growth in the
      language arts and communication skills, as well as a capacity for the
      completion of individual tasks, and protect and increase physical
      well-being with attention given to experiences relating to the
      development of life skills and human growth and development.  A
      kindergarten teacher shall be licensed to teach in kindergarten.  An
      accredited nonpublic school must meet the requirements of this
      subsection only if the nonpublic school offers a kindergarten
      program.
         3.  The following areas shall be taught in grades one through six:
      English-language arts, social studies, mathematics, science, health,
      age-appropriate and research-based human growth and development,
      physical education, traffic safety, music, and visual art.  The
      health curriculum shall include the characteristics of communicable
      diseases including acquired immune deficiency syndrome.  The state
      board as part of accreditation standards shall adopt curriculum
      definitions for implementing the elementary program.
         4.  The following shall be taught in grades seven and eight:
      English-language arts; social studies; mathematics; science; health;
      age-appropriate and research-based human growth and development;
      family, consumer, career, and technology education; physical
      education; music; and visual art.  The health curriculum shall
      include age-appropriate and research-based information regarding the
      characteristics of sexually transmitted diseases, including HPV and
      the availability of a vaccine to prevent HPV, and acquired immune
      deficiency syndrome.  The state board as part of accreditation
      standards shall adopt curriculum definitions for implementing the
      program in grades seven and eight.  However, this subsection shall
      not apply to the teaching of family, consumer, career, and technology
      education in nonpublic schools.  For purposes of this section,
      "age-appropriate", "HPV", and "research-based" mean the
      same as defined in section 279.50.
         5.  In grades nine through twelve, a unit of credit consists of a
      course or equivalent related components or partial units taught
      throughout the academic year.  The minimum program to be offered and
      taught for grades nine through twelve is:
         a.  Five units of science including physics and chemistry; the
      units of physics and chemistry may be taught in alternate years.
         b.  Five units of the social studies including instruction in
      voting statutes and procedures, voter registration requirements, the
      use of paper ballots and voting systems in the election process, and
      the method of acquiring and casting an absentee ballot.  All students
      shall complete a minimum of one-half unit of United States government
      and one unit of United States history.  The one-half unit of United
      States government shall include the voting procedure as described in
      this lettered paragraph and section 280.9A.  The government
      instruction shall also include a study of the Constitution of the
      United States and the Bill of Rights contained in the Constitution
      and an assessment of a student's knowledge of the Constitution and
      the Bill of Rights.
         c.  Six units of English-language arts.
         d.  Four units of a sequential program in mathematics.
         e.  Two additional units of mathematics.
         f.  Four sequential units of one foreign language other than
      American sign language.  Provision of instruction in American sign
      language shall be in addition to and not in lieu of provision of
      instruction in other foreign languages.  The department may waive the
      third and fourth years of the foreign language requirement on an
      annual basis upon the request of the board of directors of a school
      district or the authorities in charge of a nonpublic school if the
      board or authorities are able to prove that a licensed teacher was
      employed and assigned a schedule that would have allowed students to
      enroll in a foreign language class, the foreign language class was
      properly scheduled, students were aware that a foreign language class
      was scheduled, and no students enrolled in the class.
         g.  All students physically able shall be required to
      participate in physical education activities during each semester
      they are enrolled in school except as otherwise provided in this
      paragraph.  A minimum of one-eighth unit each semester is required.
      A twelfth grade student who meets the requirements of this paragraph
      may be excused from the physical education requirement by the
      principal of the school in which the student is enrolled if the
      parent or guardian of the student requests in writing that the
      student be excused from the physical education requirement.  A
      student who wishes to be excused from the physical education
      requirement must be seeking to be excused in order to enroll in
      academic courses not otherwise available to the student, or be
      enrolled or participating in one of the following:
         (1)  A cooperative or work-study program or other educational
      program authorized by the school which requires the student to leave
      the school premises for specified periods of time during the school
      day.
         (2)  An organized and supervised athletic program which requires
      at least as much participation per week as one-eighth unit of
      physical education.
         Students in grades nine through eleven may be excused from the
      physical education requirement in order to enroll in academic courses
      not otherwise available to the student if the board of directors of
      the school district in which the school is located, or the
      authorities in charge of the school, if the school is a nonpublic
      school, determine that students from the school may be permitted to
      be excused from the physical education requirement.  A student may be
      excused by the principal of the school in which the student is
      enrolled, in consultation with the student's counselor, for up to one
      semester, trimester, or the equivalent of a semester or trimester,
      per year if the parent or guardian of the student requests in writing
      that the student be excused from the physical education requirement.
      The student seeking to be excused from the physical education
      requirement must, at some time during the period for which the excuse
      is sought, be a participant in an organized and supervised athletic
      program which requires at least as much time of participation per
      week as one-eighth unit of physical education.
         The principal of the school shall inform the superintendent of the
      school district or nonpublic school that the student has been
      excused.  Physical education activities shall emphasize leisure time
      activities which will benefit the student outside the school
      environment and after graduation from high school.
         h.  A minimum of three sequential units in at least four of
      the following six vocational service areas:  agriculture, business or
      office occupations, health occupations, family and consumer sciences
      or home economics occupations, industrial technology or trade and
      industrial education, and marketing education.  Instruction shall be
      competency-based, articulated with postsecondary programs of study,
      and include field, laboratory, or on-the-job training.  Each
      sequential unit shall include instruction in a minimum set of
      competencies established by the department of education that relate
      to the following:  new and emerging technologies; job-seeking,
      job-adaptability, and other employment, self-employment and
      entrepreneurial skills that reflect current industry standards and
      labor-market needs; and reinforcement of basic academic skills.  The
      instructional programs shall also comply with the provisions of
      chapter 258 relating to vocational education.  However, this
      paragraph does not apply to the teaching of vocational education in
      nonpublic schools.
         The department of education shall permit school districts, in
      meeting the requirements of this section, to use vocational core
      courses in more than one vocational service area and to use
      multi-occupational courses to complete a sequence in more than one
      vocational service area.
         i.  Three units in the fine arts which shall include at least
      two of the following:  dance, music, theatre, and visual art.
         j.  One unit of health education which shall include personal
      health; food and nutrition; environmental health; safety and survival
      skills; consumer health; family life; age-appropriate and
      research-based human growth and development; substance abuse and
      nonuse; emotional and social health; health resources; and prevention
      and control of disease, including age-appropriate and research-based
      information regarding sexually transmitted diseases, including HPV
      and the availability of a vaccine to prevent HPV, and acquired immune
      deficiency syndrome.
         The state board as part of accreditation standards shall adopt
      curriculum standards for implementing the program in grades nine
      through twelve.
         6. a.  A pupil is not required to enroll in either physical
      education or health courses, or meet the requirements of paragraph
      "b" or "c", if the pupil's parent or guardian files a written
      statement with the school principal that the course or activity
      conflicts with the pupil's religious belief.
         b. (1)  All physically able students in kindergarten through
      grade five shall be required to engage in a physical activity for a
      minimum of thirty minutes per school day.
         (2)  All physically able students in grades six through twelve
      shall be required to engage in a physical activity for a minimum of
      one hundred twenty minutes per week.  A student participating in an
      organized and supervised athletic program or non-school-sponsored
      extracurricular activity which requires the student to participate in
      physical activity for a minimum of one hundred twenty minutes per
      week is exempt from the requirements of this subparagraph.
         (3)  The department shall collaborate with stakeholders on the
      development of daily physical activity requirements and the
      development of models that describe ways in which school districts
      and schools may incorporate the physical activity requirement of this
      paragraph into the educational program.  A school district or
      accredited nonpublic school shall not reduce instructional time for
      academic courses in order to meet the requirements of this paragraph.

         c.  Every student by the end of grade twelve shall complete a
      certification course for cardiopulmonary resuscitation.  The
      administrator of a school may waive this requirement if the student
      is not physically able to successfully complete the training.  A
      student is exempt from the requirement of this paragraph if the
      student presents satisfactory evidence to the school district or
      accredited nonpublic school that the student possesses
      cardiopulmonary resuscitation certification.
         7.  Programs that meet the needs of each of the following:
         a.  Pupils requiring special education.
         b.  Gifted and talented pupils.
         c.  At-risk students.
         8.  Upon request of the board of directors of a public school
      district or the authorities in charge of a nonpublic school, the
      director may, for a number of years to be specified by the director,
      grant the district board or the authorities in charge of the
      nonpublic school exemption from one or more of the requirements of
      the educational program specified in subsection 5.  The exemption may
      be renewed.  Exemptions shall be granted only if the director deems
      that the request made is an essential part of a planned innovative
      curriculum project which the director determines will adequately meet
      the educational needs and interests of the pupils and be broadly
      consistent with the intent of the educational program as defined in
      subsection 5.  The request for exemption shall include all of the
      following:
         a.  Rationale of the project to include supportive research
      evidence.
         b.  Objectives of the project.
         c.  Provisions for administration and conduct of the project,
      including the use of personnel, facilities, time, techniques, and
      activities.
         d.  Plans for evaluation of the project by testing and
      observational measures of pupil progress in reaching the objectives.

         e.  Plans for revisions of the project based on evaluation
      measures.
         f.  Plans for periodic reports to the department.
         g.  The estimated cost of the project.
         9.  Beginning July 1, 2006, each school district shall have a
      qualified teacher librarian who shall be licensed by the board of
      educational examiners under chapter 272.  The state board shall
      establish in rule a definition of and standards for an articulated
      sequential kindergarten through grade twelve media program.  A school
      district that entered into a contract with an individual for
      employment as a media specialist or librarian prior to June 1, 2006,
      shall be considered to be in compliance with this subsection until
      June 30, 2011, if the individual is making annual progress toward
      meeting the requirements for a teacher librarian endorsement issued
      by the board of educational examiners under chapter 272.  A school
      district that entered into a contract with an individual for
      employment as a media specialist or librarian who holds at least a
      master's degree in library and information studies shall be
      considered to be in compliance with this subsection until the
      individual leaves the employ of the school district.
         9A.  Beginning July 1, 2007, each school district shall have a
      qualified guidance counselor who shall be licensed by the board of
      educational examiners under chapter 272.  Each school district shall
      work toward the goal of having one qualified guidance counselor for
      every three hundred fifty students enrolled in the school district.
      The state board shall establish in rule a definition of and standards
      for an articulated sequential kindergarten through grade twelve
      guidance and counseling program.
         9B.  Beginning July 1, 2007, each school district shall have a
      school nurse to provide health services to its students.  Each school
      district shall work toward the goal of having one school nurse for
      every seven hundred fifty students enrolled in the school district.
      For purposes of this subsection, "school nurse" means a person
      who holds an endorsement or a statement of professional recognition
      for school nurses issued by the board of educational examiners under
      chapter 272.
         10.  The state board shall establish an accreditation process for
      school districts and nonpublic schools seeking accreditation pursuant
      to this subsection and subsections 11 and 12.  By July 1, 1989, all
      school districts shall meet standards for accreditation.  For the
      school year commencing July 1, 1989, and school years thereafter, the
      department of education shall use a two-phase process for the
      continued accreditation of schools and school districts.
         a.  Phase I shall consist of annual monitoring by the
      department of education of all accredited schools and school
      districts for compliance with accreditation standards adopted by the
      state board of education as provided in this section.  The phase I
      monitoring requires that accredited schools and school districts
      annually complete accreditation compliance forms adopted by the state
      board and file them with the department of education.  Phase I
      monitoring requires a comprehensive desk audit of all accredited
      schools and school districts including review of accreditation
      compliance forms, accreditation visit reports, methods of
      administration reports, and reports submitted in compliance with
      section 256.7, subsection 21, paragraph "a", and section 280.12.

         The department shall conduct site visits to schools and school
      districts to address accreditation issues identified in the desk
      audit.  Such a visit may be conducted by an individual departmental
      consultant or may be a comprehensive site visit by a team of
      departmental consultants and other educational professionals.  The
      purpose of a comprehensive site visit is to determine that a district
      is in compliance with minimum standards and to provide a general
      assessment of educational practices in a school or school district
      and make recommendations with regard to the visit findings for the
      purposes of improving educational practices above the level of
      minimum compliance.  The department shall establish a long-term
      schedule of site visits that includes visits of all accredited
      schools and school districts as needed.
         b. (1)  Phase II requires the use of an accreditation
      committee, appointed by the director of the department of education,
      to conduct an on-site visit to an accredited school or school
      district if any of the following conditions exist:
         (a)  When either the annual monitoring or the biennial on-site
      visit of phase I indicates that a school or school district is
      deficient and fails to be in compliance with accreditation standards.

         (b)  In response to a petition filed with the director requesting
      such a committee visitation that is signed by eligible electors
      residing in the school district equal in number to at least twenty
      percent of the registered voters of the school district.
         (c)  In response to a petition filed with the director requesting
      such a committee visitation that is signed by twenty percent or more
      of the parents or guardians who have children enrolled in the school
      or school district.
         (d)  At the direction of the state board of education.
         (e)  The school budget review committee submits to the department
      a recommendation for a fiscal review pursuant to section 257.31,
      subsection 18.
         (2)  The number and composition of the membership of an
      accreditation committee shall be determined by the director and may
      vary due to the specific nature or reason for the visit.  In all
      situations, however, the chairperson and a majority of the committee
      membership shall be from the instructional and administrative program
      specialty staff of the department of education.  Other members may
      include instructional and administrative staff from school districts,
      area education agencies, institutions of higher education, local
      board members and the general public.  An accreditation committee
      visit to a nonpublic school requires membership on the committee from
      nonpublic school instructional or administrative staff or board
      members.  A member of a committee shall not have a direct interest in
      the nonpublic school or school district being visited.
         (3)  Rules adopted by the state board may include provisions for
      coordination of the accreditation process under this section with
      activities of accreditation associations.
         (4)  Prior to a visit to a school district or nonpublic school,
      members of the accreditation committee shall have access to all
      annual accreditation report information filed with the department by
      that nonpublic school or school district.
         (5)  After visiting the school district or nonpublic school, the
      accreditation committee shall determine whether the accreditation
      standards have been met and shall make a report to the director,
      together with a recommendation whether the school district or
      nonpublic school shall remain accredited.  If the recommendation is
      that a school district or nonpublic school not remain accredited, the
      accreditation committee shall provide the school district or
      nonpublic school with a report that includes a list of all of the
      deficiencies, a plan prescribing the actions that must be taken to
      correct the deficiencies, and a deadline date for completion of the
      prescribed actions.  The accreditation committee shall advise the
      school district or nonpublic school of available resources and
      technical assistance to improve areas of weakness.  The school
      district or nonpublic school shall be provided with the opportunity
      to respond to the accreditation committee's report.  The director
      shall review the accreditation committee's report and the response of
      the school district or nonpublic school and shall provide a report to
      the state board along with copies of the accreditation committee's
      report, the response to the accreditation committee's report, and
      other pertinent information.  At the request of the school district
      or nonpublic school, the school district or nonpublic school may
      appear before the state board and address the state board directly
      regarding any part of the plan specified in the report.  The state
      board may modify the plan.  During the period of time specified in
      the plan for its implementation by a school district or nonpublic
      school, the school district or school shall remain accredited.
         11.  The accreditation committee shall revisit the school district
      or nonpublic school and shall determine whether the deficiencies in
      the standards have been corrected.
         a.  The accreditation team shall make a report and
      recommendation to the director and the state board.  The committee
      recommendation shall specify whether the school district or nonpublic
      school shall remain accredited.  For a school district, the committee
      report and recommendation shall also specify under what conditions
      the district may remain accredited.  The conditions may include but
      are not limited to providing temporary oversight authority,
      operational authority, or both oversight and operational authority to
      the director and the state board for some or all aspects of the
      school district in order to bring the school district into compliance
      with minimum standards.
         b.  The state board shall review the report and
      recommendation, may request additional information, and shall
      determine whether the deficiencies have been corrected.
         c.  If the deficiencies have not been corrected, and the
      conditional accreditation alternatives contained in the report are
      not mutually acceptable to the state board and the local board, the
      state board shall merge the territory of the school district with one
      or more contiguous school districts at the end of the school year.
      The state board may place a district under receivership for the
      remainder of the school year.  The receivership shall be under the
      direct supervision and authority of the area education agency in
      which the district is located.  The decision of whether to merge the
      school district and require payment of tuition for the district's
      students or to place the district under receivership shall be based
      upon a determination by the state board of the best interests of the
      students, parents, residents of the community, teachers,
      administrators, and school district board members and upon the
      recommendations of the accreditation committee and the director.
         d.  In the case of a nonpublic school, if the deficiencies
      have not been corrected, the state board may declare a nonpublic
      school to be nonaccredited.  The removal of accreditation shall take
      effect on the date established by the resolution of the state board,
      which shall be no later than the end of the school year in which the
      nonpublic school is declared to be nonaccredited.
         12.  If the state board removes accreditation from a school
      district and merges the territory of the school district with one or
      more contiguous school districts, the district whose accreditation is
      removed ceases to exist as a school corporation on the effective date
      set by the state board for removal of accreditation.  Notwithstanding
      any other provision of law, the contiguous school districts receiving
      territory of the former school district whose accreditation was
      removed are not considered successor school corporations of the
      former district.
         a.  Division of assets and liabilities of the school district
      whose accreditation was removed shall be as provided in sections
      275.29 through 275.31.
         (1)  If one or more of the contiguous school districts receiving
      assets and liabilities of the school district whose accreditation was
      removed utilizes the equalization levy, only that territory in the
      school district imposing the equalization levy that comprises
      territory of the former school district shall be taxed.
         (2)  Income surtax revenue and revenues generated by property
      taxes shall be distributed proportionately based on taxable value of
      the territory received by one or more school districts contiguous to
      the former school district whose accreditation was removed.
         (3)  Revenues that are based on student enrollment shall be
      distributed based on percentages of students of the school district
      whose accreditation was removed who now reside in territory received
      by one or more school districts contiguous to the school district
      whose accreditation was removed.
         b.  Prior to the effective date set by the state board for
      removal of accreditation, the school district whose accreditation is
      to be removed shall remain responsible for, and may retain such
      authority as is necessary to complete, all of the following:
         (1)  Execution of one or more quitclaim deeds, in fulfillment of
      the merger of territory received by one or more contiguous school
      districts from the former school district whose accreditation was
      removed.
         (2)  Preparation of and payment for a final audit of all the
      district's financial accounts.
         (3)  Preparation and certification of a final certified annual
      report to the department.
         c.  The provisions of section 275.57 apply when removal of
      accreditation from a school district and merger of its territory with
      a contiguous school district that is currently divided into director
      districts leads to the formation of new director districts.
         13.  Notwithstanding subsections 1 through 12 and as an exception
      to their requirements, a private high school or private combined
      junior-senior high school operated for the express purpose of
      teaching a program designed to qualify its graduates for
      matriculation at accredited four-year or equivalent liberal arts,
      scientific, or technological colleges or universities shall be placed
      on a special accredited list of college preparatory schools, which
      list shall signify accreditation of the school for that express
      purpose only, if:
         a.  The school complies with minimum standards established by
      the Code other than this section, and rules adopted under the Code,
      applicable to:
         (1)  Courses comprising the limited program.
         (2)  Health requirements for personnel.
         (3)  Plant facilities.
         (4)  Other environmental factors affecting the programs.
         b.  At least eighty percent of those graduating from the
      school within the four most recent calendar years, other than those
      graduating who are aliens, graduates entering military or alternative
      civilian service, or graduates deceased or incapacitated before
      college acceptance, have been accepted by accredited four-year or
      equivalent liberal arts, scientific, or technological colleges or
      universities.
         c.  A school claiming to be a private college preparatory
      school which fails to comply with the requirement of paragraph
      "b" of this subsection shall be placed on the special accredited
      list of college preparatory schools probationally if the school
      complies with the requirements of paragraph "a" of this
      subsection, but a probational accreditation shall not continue for
      more than four successive years.
         14.  Notwithstanding subsections 1 through 13 and as an exception
      to their requirements, a nonpublic grade school which is reopening is
      accredited even if it does not have a complete grade one through
      grade six program.  However, the nonpublic grade school must comply
      with other minimum standards established by law and administrative
      rules adopted pursuant to the law and the nonpublic grade school must
      show progress toward reaching a grade one through grade six program.

         15.  The board of directors of a school district or the
      authorities in charge of a nonpublic school may award credit toward
      graduation to a student if the student successfully completes basic
      training for service as a member of the Iowa army national guard, the
      Iowa air national guard, the active military forces of the United
      States, the army national guard of the United States, or the air
      national guard of the United States.  
         Section History: Recent Form
         86 Acts, ch 1245, § 1411; 87 Acts, ch 224, § 26; 87 Acts, ch 233,
      § 451; 88 Acts, ch 1018, §1, 2; 88 Acts, ch 1262, §1, 2; 89 Acts, ch
      210, § 4, 5; 89 Acts, ch 265, § 23--26; 89 Acts, ch 278, §1, 2; 89
      Acts, ch 319, § 39, 40; 90 Acts, ch 1272, §32, 39, 40; 91 Acts, ch
      104, §1; 91 Acts, ch 193, §1; 92 Acts, ch 1088, §1; 92 Acts, ch 1127,
      §1, 2; 92 Acts, ch 1159, §2; 92 Acts, ch 1163, § 58; 93 Acts, ch 127,
      § 1, 2; 94 Acts, ch 1091, §13; 94 Acts, ch 1152, §1; 2001 Acts, ch
      56, §11; 2001 Acts, ch 159, §1--3; 2002 Acts, ch 1140, §7; 2004 Acts,
      ch 1027, §1; 2005 Acts, ch 3, §55; 2006 Acts, ch 1182, §2; 2007 Acts,
      ch 42, §1; 2007 Acts, ch 98, §2, 3; 2007 Acts, ch 108, §4; 2007 Acts,
      ch 148, §7; 2008 Acts, ch 1031, §42; 2008 Acts, ch 1187, §142, 145;
      2009 Acts, ch 50, §1, 2; 2009 Acts, ch 57, §74
         Referred to in § 161A.7, 237.1, 237A.1, 256.7, 256.9, 256.10A,
      256.11A, 257.11, 257.31, 258.4, 258.16, 260C.18A, 273.2, 279.50,
      280.2, 280.3, 282.18, 285.16, 299.2, 299.24, 422.11S, 422.12, 455E.8,
      483A.27, 714.19
         Vocational agriculture education; § 280.20 
         Footnotes
         Fitness working group to develop recommendations for
      implementation of proposed physical activity requirements; 2008 Acts,
      ch 1187, § 144